Pastor Glen Stevens, Crossroads Evangelical Free Church, offered a prayer.

The Monday, January 14, 2008 meeting of the Albert Lea City Council was called to order at 7:00 p.m. in the City Center Council Chambers by Mayor Randall Erdman.

1.         CALL TO ORDER AND ROLL CALL

Present were Mayor Randall Erdman, Councilors Vern Rasmussen, Larry Baker, George Marin, Reid Olson, John Severtson and Al Brooks.  Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune and KATE Radio.

a.         Pledge of Allegiance was recited.

b.         Swearing In of Lieutenant Darren Hanson.

City Clerk Shirley Slater-Schulte gave the Oath of Office to Darren Hanson named as Police Lieutenant for the City of Albert Lea Police Department.  Chief Winkles introduced Darren Hanson to the City Council as the new Police Lieutenant.

c.         Certificate of Achievement of Excellence in Financial Reporting

Mayor Erdman recognized and presented a plaque for “Excellence in Financial Reporting” to Finance Director Rhonda Moen from the Government Finance Officer’s Association.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 20, 2007.

*b.       RESOLUTION 08-01 – APPROVING CLAIMS:  Resolution 08-01 represents the financial claims of the City.

(See Secretary's Original Resolution 08-01 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       CALL PUBLIC HEARING FOR SEWER & WATER RATE STRUCTURE – JANUARY 28, 2008 – 7:00 P.M.

*e.        CALL PUBLIC HEARING FOR AMENDMENTS TO THE ZONING ORDINANCE REGARDING FLOOD PLAIN ZONING – JANUARY 28, 2008 – 7:00 P.M.

MOTION:  Move to adopt the consent agenda as presented.

Councilor Marin moved that the consent agenda items be adopted as presented, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST FOR TWO, TWO-HOUR PARKING STALLS – ALBERT LEA TRIBUNE, 808 FRONT STREET

City Manager Simonsen explained that the Albert Lea Tribune is making another request for two, two-hour parking stalls outside their business located at 808 Front Street.  The change from 12-hour parking to two-hour parking would better accommodate the traffic patterns of their customers.  Community Service Officer, Mary Schroeder, reviewed the request and can support two, two-hour stalls at this location.  The City Council previously denied a request for three, two-hour parking stalls.

MOTION:  Move to approve this request.

Councilor Baker moved this motion, seconded by Councilor Olson.  On roll call vote the following councilors voted in favor of said motion:  Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Councilor Marin voted nay.  Mayor Erdman declared the motion passed.

4.         UNFINISHED BUSINESS (NO ITEMS)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-02 – AUTHORIZING THE ALLOCATION OF POLICE & FIRE PENSION FUND INTEREST EARNINGS

City Manager Simonsen stated that State law requires Police & Fire Pension Funds turned back to the City to be used for police and fire purposes.  The City of Albert Lea earned interest income of approximately $500,000 in 2007 on the Police & Fire Pension Funds.  A public hearing is being held for the allocation of the interest earnings to the City’s general fund to pay expenses of the Police & Fire Departments.  The additional money available to the general fund would be allocated toward the purchase of civil service sirens, fire department equipment and software, a lease payment for the Government Center, and public safety road improvements scheduled for 2008.

Mayor Erdman opened the public hearing.

Mr. Harold Kamrath, 521 Alice, stated the following:

• $183,000 of this should pay for the balance of the fire engine that was purchased.  $200,000 was already paid for with interest money.
• Should not have to pay for the court house as the Albert Lea taxpayer has already paid for this through their taxes.
• Renaming of streets with famous names.
• Does this money have to be used for public safety items?
• Use these dollars for the reserve funds.

Mr. Roger Bok, 1012 Cato Drive, stated the following:

• Use some of this money to fix the speaker system at city hall.
• These funds do not belong to the Police & Fire; this money was overpaid and it comes back to the people of Albert Lea.

Mayor Erdman called three times for more input and closed the public hearing.

Resolution 08-02 was introduced by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-02 included with these minutes)

b.         RESOLUTION 08-03 – APPROVING CAPITAL IMPROVEMENT PLAN – 2008‑2012

City Manager Simonsen explained that this resolution would approve the Capital Improvement Plan that is used as a tool to identify, prioritize and address community needs through long range planning.  The document outlines each department’s infrastructure needs, as well as potential funding mechanisms for each project.  The projects submitted total over $74,000,000 in infrastructure needs through 2012, including over eight million dollars worth of projects to the airport, major road reconstructions, and the improvements to the city garage facility.

Resolution 08-03 was introduced by Councilor Marin, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-03 included with these minutes)

c.         RESOLUTION 08-04 – AUTHORIZING BUDGET TRANSFERS

City Manager Simonsen stated that this resolution would authorize budget adjustments to balance individual department budgets within the general fund.  The city received two grants this year that resulted in an increase to both budgeted revenue and appropriations.  The library received a Library Services Technology Act (LSTA) grant in the amount of $36,800.  These funds were used to equip a computer training lab for senior citizens.  The second grant was a No-Smoke grant received by the fire department for $34,100.  These funds were used to implement a process that eliminates the diesel fumes in the apparatus room.

The council will also need to transfer money from contingencies to various departments that had shortfalls.  These departments included storm sewers, theater, trees, and Convention and Visitors Bureau.  The storm sewer department had an unexpected replacement of 210’ of storm sewer on 4th street, and also performed more street sweeping than anticipated.  The theater increased the amount they paid in booking fees for the year in an effort to increase revenues at the theater.  The tree department removed more hazardous trees than anticipated.  The monthly payments made to the CVB for 2007 fell short of the 95% of lodging tax collected for that year. City staff is recommending budget transfers be made as outlined within the resolution.

Resolution 08-04 was introduced by Councilor Baker, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-04 included with these minutes)

d.         RESOLUTION 08-05 – AUTHORIZING AGREEMENT WITH SOUTH CENTRAL DRUG INVESTIGATION UNIT

City Manager Simonsen explained that this resolution would authorize an agreement between the City of Albert Lea Police Department and the South Central Drug Investigation Unit (SCDIU) task force which serves a four county area for a cost of $5,000 for 2008.  This agreement would allow our Police Department and the SCDIU to coordinate efforts to apprehend and prosecute drug offenders.

Resolution 08-05 was introduced by Councilor Marin, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-05 included with these minutes)

e.         RESOLUTION 08-06 – ACCEPTING ADMISSION AND PROPOSED ORDER – MOOSE CLUB

City Manager Simonsen explained that as part of the Best Practices Policy for liquor violations within the City of Albert Lea, the City Attorney is directed to prepare an Admission and Proposed Order for liquor license holders that violate city policy.  The Albert Lea Moose Club has admitted to violating the Best Practices Policy on November 7, 2007, when an employee sold alcohol to an under-aged individual.  They have agreed to the payment of a civil penalty of $175.00.  The City Attorney is recommending City Council accept the penalties as agreed upon by both parties.

Resolution 08-06 was introduced by Councilor Severtson, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-06 included with these minutes)

f.          RESOLUTION 08-07 – ACCEPTING ADMISSION AND PROPOSED ORDER – AMERICAN LEGION

City Manager Simonsen explained that as part of the Best Practices Policy for liquor violations within the City of Albert Lea, the City Attorney is directed to prepare an Admission and Proposed Order for liquor license holders that violate city policy.  The American Legion has admitted to violating the Best Practices Policy on November 7, 2007, when an employee sold alcohol to an under-aged individual.  They have agreed to the payment of a civil penalty of $175.00.  The City Attorney is recommending City Council accept the penalties as agreed upon by both parties.

Resolution 08-07 was introduced by Councilor Rasmussen, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-07 included with these minutes)

g.         RESOLUTION 08-08 – DECLARING COUNCIL MEMERS COVERED UNDER WORKERS COMPENSATION

City Manager Simonsen stated that the League of Minnesota Cities Insurance Trust has recommended that the City Council pass a resolution to make elected officials “employees” for worker’s compensation coverage purposes.  This resolution would declare elected officials to be covered by the City’s worker’s compensation policy for the year January 1st through December 31st, 2008.

Resolution 08-08 was introduced by Councilor Marin, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-08 included with these minutes)

h.         RESOLUTION 08-09 – AMENDING 2008 FEE STRUCTURE

City Manager Simonsen explained that the city recently received the new price list for purchasing water meters from the vendor.  Due to an increase in the purchase price, the city needs to amend its 2008 fee structure to better reflect the actual cost of purchasing the meter.  This resolution would amend the “Water Meters – Deposit” section of the fee schedule as outlined in the resolution.

Resolution 08-09 was introduced by Councilor Severtson, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-09 included with these minutes)

i.          RESOLUTION 08-10 – SETTING THE VALUE OF ONE ACRE OF UNDEVELOPED LAND

City Manager Simonsen explained that this resolution would establish the value of one acre of vacant land at $7,500.  The City has an ordinance which requires either parkland dedication or a parkland dedication fee for new development.  It is therefore necessary to identify the value of an acre of undeveloped land on the perimeter of the City each year.  Based on recent land sales, city staff is recommending that the cost per acre of undeveloped land remain at $7,500 per acre.
 
Resolution 08-10 was introduced by Councilor Baker, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-10 included with these minutes)

j.          RESOLUTION 08-11- NAMING OFFICIAL NEWSPAPER FOR 2008

City Manager Simonsen explained that the City Charter, Sec. 12.01, identifies that the City Council must annually designate a legal newspaper of general circulation within the City as the official newspaper.  This resolution would identify the Albert Lea Tribune as the City’s designated legal newspaper for matters required by law to be published.

Resolution 08-11 was introduced by Councilor Rasmussen, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-11 included with these minutes)

k.         RESOLUTION 08-12 – AUTHORIZING BOND PAYMENTS FOR 2008

City Manager Simonsen explained that this resolution would authorize bond payments for 2008.  By approving the payment of bonds at the beginning of the year, staff is able to make payments as they become due.  This resolution authorizes the City Finance Director to make principal and interest payments based on outstanding bond obligations as listed within the resolution.

Resolution 08-12 was introduced by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-12 included with these minutes)

l.          RESOLUTION 08-13 – DESIGNATING DEPOSITORIES OF CITY FUNDS AND SIGNATORIES FOR WITHDRAWAL OF FUNDS AND AUTHORIZED CREDIT CARD USE, ELECTRONIC OR WIRE TRANSFERS, INVESTMENT OF MUNICIPAL FUNDS, AND COLLATERAL SECURING DEPOSITS FOR 2008

City Manager Simonsen explained that this pursuant to Minnesota Statute, the City Council must designate depositories in which the Finance Director shall deposit and maintain the monies of the City.  The resolution identifies the signatories which are required for the transfer or withdrawal of funds.  Guidelines for investments are identified, which by law requires a fairly conservative approach to investment policy to protect the City’s assets.  This resolution would authorize the City’s Finance Director to use electronic or wire transfers in accordance with state statute to make payments for federal and state payroll taxes, PERA contributions and the purchase of investments.  It further authorizes City department heads to use city credit cards in accordance with Minnesota state statute.  Use of credit cards is subject to the city’s standard purchasing policies.

Resolution 08-13 was introduced by Councilor Severtson, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-13 included with these minutes)

m.        RESOLUTION 08-14 – ESTABLISHING RULES FOR THE ORGANIZATION AND PROCEDURE OF THE CITY COUNCIL OF ALBERT LEA

City Manager Simonsen explained that this resolution would adopt Council Procedures for 2008.  The City Charter provides that the City Council shall adopt its own Rules of Procedure.  This longstanding resolution identifies how complaints, questions and input will be handled from the public, as well as Rules of Order for both Councilmembers and the public during the meetings.

Resolution 08-14 was introduced by Councilor Marin, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-14 included with these minutes)

n.         RESOLUTION 08-15 – AUTHORIZING PAY EQUITY REPORT

City Manager Simonsen explained that State law requires that a pay equity report be submitted to the Pay Equity Coordinator of the Minnesota Department of Employee Relations by January 31, 2008.  The results of the report indicate that the City meets the guidelines for compliance in regard to pay equity between men and women employed by the city.  This resolution would authorize the submission of this report to the State.

Resolution 08-15 was introduced by Councilor Marin, seconded by Councilor Olson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-15 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates
            1.      Appointment of Tom Staker to Heritage Preservation Commission

Mayor Erdman stated that he was proposing the appointment of Tom Staker to Heritage Preservation Commission.

MOTION:  Move to appoint Mr. Tom Staker to the Heritage Preservation Commission.

Motion was made by Councilor Baker, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

WARDS AND COMMITTEE ITEMS:

Mayor Randall Erdman:

• Edgewater Park clean-up did not make the Governor’s list for 2008 funding.
• Human Rights Commission is working on the following:
• police policy for anti-racist profiling
• Essay contest.
• Thanked Theresa Kauffmann for the wonderful job on the Ribbon Cutting Ceremony for Katherine Island Bridge and for the good job being done on our Government Access Channel.
• Birthday wishes to Councilor Marin.

First Ward, Councilor Rasmussen reported:

• Port Authority year end business.
• Question of accessibility of Bancroft Bay Park.

Second Ward, Councilor Baker reported:

• Board of Appeals discussed the moving of Roche house to new location.
• Timing of stop light at ALMC.

Third Ward, Councilor Marin reported:

• CVB meeting scheduled this week.
• Great things are happening in Third Ward such as Wedgewood.
• Signing of 20 year lease with Moose & Skyline.

Fourth Ward, Councilor Olson reported:

• No ward items.
• Wished a happy and successful New Year to everyone.

Fifth Ward, Councilor Severtson reported:

• HRA Committee Update.
• Airport Board meeting this week.
• No ward items.

Sixth Ward, Councilor Brooks:

• E. 9th Street parking issues.
• Requested “No Parking between Signs” be installed.

NO PARKING SIGNS ON EAST 9TH STREET

MOTION:  Move to have the City install the “No Parking” signs on East 9th Street as recommended by the City Engineer.

Motion was made by Councilor Brooks, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS:
City Manager Simonsen addressed questions and concerns expressed at the previous meeting:

• Reported on the timing of the light at Albert Lea Medical Center and that it will be corrected in spring of 2008.

7.         PUBLIC FORUM:

Mr. Roger Bok, 1012 Cato Drive, signed in for open forum and listed the topic of “City Charter”.  Mayor Erdman stated that with the New Year Mr. Bok was to list which one topic he wanted to talk about.  After comments by Mr. Bok, Mayor Erdman ruled Mr. Bok out of order and Mr. Bok left the podium.  The Mayor presented Mr. Bok with a copy of the Council Rules of Order.
Mr. Jim Diamond, 521 Alice, stated:

• Concerns regarding conflict of interest regarding Finance Director Rhonda Moen and the Tiger Hills Development.  City Manager Simonsen responded.
• Requested copies of all agreements with Tiger Hills.

Mr. Jerry Hickman, 121 Lake Chapeau Drive, stated:

• Congratulated the City on the leg of the new city trail that has been completed.
• As President of the Freeborn County Trail Association, he wanted the council to know that he appreciates all of their hard work.

Mr. Robert Hoffman, 2153 Harmony, stated:

• Thanked the council for the reappointment to the Planning Commission.
• This quote reminded him of the successes that we are making in the city.  He stated, “If you can reach your lifelong dreams in the span of your lifetime, you didn’t dream big enough.”

Mr. Harold Kamrath, 326 Glenn Road, stated:

• Concerns about the 12.6 % increase in taxes for all three entities.
• Questions regarding the pay equity study.
• Questions as to the need for replacement of theater seats.
• Questions regarding discretionary funds.
• Questions regarding energy saving techniques for the city.
• Questions regarding the Green Committee.
• Mayor Erdman told Mr. Kamrath that we would respond to his concerns at the next meeting.

8.         ADJOURNMENT – 7:55 p.m.

Councilor Olson moved and Councilor Marin seconded that there being no further business, the council meeting be adjourned at 7:55 p.m. until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, January 28, 2008.  On roll call vote, all councilors voted in favor of said motion.  Mayor Erdman declared the motion passed and the meeting adjourned.

Filed and attested January 15, 2008

   /s/ Shirley Slater-Schulte                                        /s/ Randall Erdman                    
Secretary of the Council                                       Mayor Randall Erdman

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