The Monday, January 28, 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.
CALL TO ORDER AND ROLL CALL
Present were Mayor Randall Erdman, Councilors Vern Rasmussen, Larry Baker, Reid Olson, John Severtson and Al Brooks. Absent: Councilor George Marin. 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, KAAL-TV and KATE Radio.
- The Pledge of Allegiance was recited.
*2. CONSENT AGENDA
*a. APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JANUARY 14, 2008.
*b. RESOLUTION 08-016 – APPROVING CLAIMS: Resolution 08-16 represents the financial claims of the City.
(See Secretary's Original Resolution 08-16 included with these minutes.)
*c. LICENSES AND PERMITS
TEMPORARY LICENSE(S) |
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Dance(s) |
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Jonathan Murray, 1101 Amelia Avenue, Albert Lea, MN for a dance at the National |
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Guard Armory on February 16, 2008. |
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*d. CALL PUBLIC HEARING FOR STREET NAME CHANGE – LARSON MANUFACTURING CO., FEBRUARY 11, 2008.
*e. CALL PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENTS, ROLL 0066, FOR FEBRUARY 25, 2008.
MOTION: Move to adopt the consent agenda as presented.
Councilor Brooks moved that the consent agenda items be adopted as presented, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
3. PETITIONS-REQUESTS-COMMUNICATIONS
a. REQUEST FOR BANNER INSTALLATION ON HAMMER ROAD
City Manager Victoria Simonsen explained that the Police School Liaison Officer Ted Herman and Kim Danner, Social Worker, are involved with a project to raise funds to purchase banners and brackets for the light poles along Hammer Road to display tiger paw banners along this route. They feel this project would promote school pride and spirit. The request involves the city’s assistance with installing the brackets and the banners once the funds are raised.
MOTION: Move to approve this request.
Councilor Baker moved this motion, seconded by Councilor Rasmussen. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
b. REQUEST TO HOLD APRIL SORENSON MEMORIAL HALF MARATHON
City Manager Simonsen explained that the family of April Sorenson is requesting the city’s permission to host the April Sorenson Memorial Half Marathon on Saturday, July 12, 2008 at 8:00 a.m. The event would start in Albert Lea in the area of Motor Inn and Country Inn & Suites with the route running along Albert Lea Lake and finishing in Hayward. The request involves the use of right-of-ways and assistance from law enforcement to keep the runners and supporters safe throughout the event.
MOTION: Move to approve this request.
Councilor Severtson moved this motion, seconded by Councilor Brooks. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
c. REQUEST FOR SUPPORT FROM PELICAN BREEZE FOUNDATION BOARD
City Manager Simonsen stated that the Pelican Breeze Foundation Board has recently purchased a new, larger boat which will be called the Pelican Breeze II. The Foundation Board is requesting the city’s assistance with extending the existing dock to meet the needs of a longer boat and to install the dock by May 1st and remove it October 30th each year. Further, the Board is requesting the city allow the storage of the boat near the impound building throughout the winter months.
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. Mayor Erdman declared the motion passed.
d. REQUEST FOR SUPPORT OF DOG PARK
Karen Meyerson presented to the City Council her request for the potential of a dog park to be established in the City of Albert Lea. The Park & Recreation Board voted to support this type of project at a recent meeting. The park was not planned for or funded in the 2008 budgeted.
MOTION: Move to approve the request to plan for a dog park if funds become available within the Park and Recreation budget in 2008 or to budget for it in 2009.
Councilor Olson moved this motion, seconded by Councilor Baker. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, and Mayor Erdman. Nay: Councilor Brooks. Mayor Erdman declared the motion passed.
e. REQUEST BY THE SALVATION ARMY TO USE NORTH BROADWAY PARKING LOT – JUNE 22,-25, 2008
City Manager Simonsen explained that Captain Jim Brickson, Salvation Army, is requesting the use of the North Broadway parking lot from June 22nd through 25th, 2008 to use in conjunction an evangelical outreach that will be held that week. The group has reserved the community theater for several presentations. The parking lot would be used for live music and a barbecue would be held on the site.
MOTION: Move to approve this request.
Councilor Severtson moved this motion, seconded by Councilor Brooks. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
f. REQUEST TO ACCEPT DONATION BY STAR GRANITE WORKS
City Manager Simonsen explained that Star Granite Works would like to donate a bench to be placed on Katherine Island at Fountain Lake some time this spring. The donation includes a four foot long granite bench with a back and the concrete foundation that it will be placed on. The donation also includes the engraving of choice by the City. This motion would accept the donation by Star Granite Works valued at nearly $2,000.
MOTION: Move to approve this request.
Councilor Olson moved this motion, seconded by Councilor Rasmussen. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
4. UNFINISHED BUSINESS (NO ITEMS)
5. NEW BUSINESS
a. PUBLIC HEARING AND RESOLUTION 08-17 – AMENDING SEWER AND WATER RATE STRUCTURE
City Finance Director, Rhonda Moen, presented a power point presentation on the proposed sewer and water rate structure. Following the presentation, a public hearing was held to receive input regarding the proposed change in rate structure and increase in rates. City Manager Simonsen explained that the resolution as presented would amend the sewer and water rate structure to include a basic service charge as well as charges based on consumption with a flat rate for usage. The reasons for a rate schedule change is necessary to meet the required revenue needed for water and sewer funds; to maintain internal equity among the customer base; to encourage water conservation; and to remain comparable with other communities. Staff has met with the largest sewer and water customers to discuss the impact of the proposal on their business.
Mayor Erdman thanked the staff for the presentation and opened the public hearing.
Mr. Jon Hibbard, 808 12th Street, Albert Lea Electroplating, stated the following concerns:
- 125% increase over the last five years.
- In 2003 there was a $447k shortfall.
- Inquired as to what the current revenue shortfall is to date.
- Inquired as to why the city does not do one increase, instead of a little every year.
Mr. Harold Kamrath, 326 Glen Road: stated the following concerns:
- City should reduce expenses at the Wastewater Treatment Plan.
- Change billing to quarterly rather than monthly.
- Would like the city to discontinue the I & I inspection program.
Mayor Erdman requested the City Engineer Jahnke to give an opinion on the I & I program.
City Engineer Steven Jahnke stated that the I & I inspections are well worth the dollars being spent to eliminate the additional water being placed into the wastewater treatment facility during heavy rainfalls.
Mayor Erdman called three times and closed the public hearing.
Resolution 08-17 was introduced by Councilor Brooks, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors: Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-17 included with these minutes)
b. PUBLIC HEARING AND ORDINANCE 114, 3D AMENDING CHAPTER 74 OF THE CITY CODE FLOOD PLAIN ZONES
City Manager Simonsen explained that City staff has been working with the Department of Natural Resources on amendments to the flood plain ordinance since August of 2005. The proposed ordinance amendments eliminate the building or filling in of flood plain areas. The only use of a flood plain section will be for open space, gardens, golf courses and similar unpaved areas. Buildings constructed on fill above the flood plain will no longer be permitted. The Planning Commission reviewed the proposed amendments to the flood plain section of the zoning ordinance and recommends the changes to the City Council.
Mayor Erdman opened the public hearing.
Mr. Roger Bok, 1012 Cato Drive, stated the following concerns:
- Comments regarding how and why does the city fill in one area and then not another area within the same flood plain area.
- Stated the city should follow their own rules.
Mayor Erdman called three times and then closed the public hearing.
Ordinance 114, 3d 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, Olson, Severtson Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Ordinance 114, 3d included with these minutes)
c. RESOLUTION 08-18 – ACCEPTING ADMISSION AND PROPOSED ORDER – PIZZA HUT
City Manager Simonsen explained that the City Attorney has prepared an Admission and Proposed Order for a liquor license violation by Pizza Hut of Albert Lea. The establishment admits that on November 7, 2007 an employee sold alcohol to an underage individual as part of an alcohol compliance check conducted by the City of Albert Lea. The penalty for this violation is payment of a civil penalty of $175.00 and a one-day suspension of the liquor license. The City has received payment of the penalty and the liquor license was suspended on Monday, December 17th, 2007. The City Attorney is recommending City Council accept the penalties as agreed upon by both parties.
Resolution 08-18 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-18 included with these minutes)
d. RESOLUTION 08-19 – AUTHORIZING SUBMITTAL OF REDEVELOPMENT GRANT APPLICATION – PUBLIC ACCESS/ACQUISITION – 804 E. MAIN STREET
City Manager Simonsen explained that this resolution would authorize staff to submit an application for a redevelopment grant administered by the Department of Employment & Economic Development. The application involves the acquisition of land located at 804 East Main Street to be converted to a public access point for the Fountain Lake/Albert Lea Lake channel area. If the application is accepted, the City and Watershed District would construct a public access point and parking to allow people safe access to the channel area. Further, a public restroom and improvements to the channel walls would be considered as a second phase of this project.
Resolution 08-19 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-19 included with these minutes)
e. RESOLUTION 08-20 – ADOPTING POLICY ON VIOLENCE IN THE WORKPLACE
City Manager Simonsen explained that this resolution would authorize revisions to policies and procedures pertaining to employees of the City of Albert Lea in regard to violence in the workplace. This policy would provide all employees a safe workplace and guidance should they encounter a situation they believe may result in violence in the work place. This policy would address how and what to do in the event of abusive customer behavior and the prevention and reporting any type of work place violence. City staff has reviewed and recommends the adoption of this policy.
Resolution 08-20 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-20 included with these minutes)
f. RESOLUTION 08-21 – ADOPTING OUTSIDE EMPLOYMENT POLICY
City Manager Simonsen stated that this resolution would authorize revisions to policies and procedures pertaining to outside employment for employees of the City of Albert Lea. This policy would establish guidelines to guard against conflicts of interest, and to assure an employee’s ability to render full service to the City. City staff has reviewed and recommends the adoption of the policy.
Resolution 08-21 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-21 included with these minutes)
g. RESOLUTION 08-22 – AUTHORIZING ADVANCE FROM GENERAL FUND TO CAPITAL PROJECT FUND
City Manager Simonsen explained that this resolution would authorize the advance of $800,000 from the General Fund to the Capital Projects Fund until state aid funds and grant funds are received by the City. At that time, the advance would be repaid to the General Fund. The projects awaiting revenue include state aid funds for the Margaretha Avenue project and DNR grant funds for the 8th Avenue Storm Lift project, Edgewater Boat Landing and East Main Street Flood Mitigation projects. The City is also awaiting state grant funds for the library renovation. Once these funds are received from the state, the advance will be repaid to the General Fund.
Resolution 08-22 was introduced by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-22 included with these minutes)
h. RESOLUTION 08-23 – ACCEPTING FEASIBILITY REPORT AND CALL PUBLIC HEARING FOR EAST MAIN STREET WATER MAIN LOOP FOR FEBRUARY 11, 2008 AT 7:00 P.M.
City Manager Simonsen explained that the Engineering Department recently concluded a feasibility study involving the construction of a 12-inch watermain loop from the existing system on S. E. Marshall Street east to State Park Road and north to the existing system at East Main Street. The estimated total cost of the improvement is $411,410.78. Of that amount, 78% is assessable and 22% would be a city cost. Ninety‑four percent of the assessable portion ($303,602) would be held for future assessment because the property is currently outside the city limits.
The watermain loop would improve the reliability of the water system that was installed east of Happy Trails Lane in 2005 and ensure adequate flow and pressure to this area. Without this loop the area east of Blake Avenue is on a dead-end line. If any leaks or disruptions in service occur, water will not be available to businesses and residences east of Blake Avenue. This resolution would accept the feasibility report and call a public hearing on February 11, 2008 at 7:00 p.m. to receive input on this proposed improvement. If adopted, the project would be concluded by mid-summer 2008.
Resolution 08-23 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 08-23 included with these minutes)
6. MAYOR AND COUNCIL ITEMS
a. Mayor/Ward and Committee Updates
Mayor Randall Erdman:
- City Council completed the annual performance appraisal of City Manager Simonsen, discussed achievements during 2007, discussed administrative goals for 2008, Ms Simonsen is meeting the council’s expectations and the city will continue her employment with the City of Albert Lea.
- Thanked council members and city staff who attended Larson’s Manufacturing grand opening.
- Attended a meeting at K & K Bakery regarding Farmer’s Market.
- Attended Common Cause Committee Meeting.
- Attended a Freeborn County League of Cities Meeting.
- Attended Comprehensive Plan Steering Committee Meeting.
- Senator Sparks is working on getting Edgewater Park Cleanup included in the bonding bill.
First Ward, Councilor Rasmussen reported:
- No Committee items.
- Requested that staff start working on the “Green” Declaration.
- Thanked staff for adopting much needed policies.
Second Ward, Councilor Baker reported:
- Heritage Preservation Committee meeting updates.
- Planning Commission meeting updates.
- Thank you to the Street Department for the great job during the last snow removal.
Third Ward, Councilor Marin – Absent
Fourth Ward, Councilor Olson reported:
- Dog Park discussion updates.
- Park and Recreation meeting updates.
- Requested information and update on the Blazing Star Trail Joint Powers Agreement with Austin.
Fifth Ward, Councilor Severtson reported:
- HRA updates.
- Airport Advisory updates.
- House at 309 Court Street is officially down.
Sixth Ward, Councilor Brooks:
- Questions regarding the shrubs that have been trimmed at 908 East 9th Street. The resident inquired whether these shrubs are located in the right-of-way or on their property.
- Stated that he voted against the dog park because he would like to see the cost estimate before voting for it.
b. City Manager’s Response to Public Items
City Manager Simonsen stated that there were no items needing follow ups at this time.
7. PUBLIC FORUM:
Mr. Roger Bok, 1012 Cato Drive, stated the following:
- Questions regarding the boundaries for the Historic District for Albert Lea and how the city can tear down buildings within this district.
- Ehrhardt’s building was to be torn down but could not because it was in this district.
- City should follow the rules instead of changing the rules every other week.
Mr. Keith Register, 819 E. Hawthorne Street, stated:
- Concerns about parking on 3rd Street Apartments.
- Car would not start, received an okay from the Police Department and then was issued a ticket anyway.
- Questions regarding parking on hard surface/driveways only?
Mr. Jim Diamond, 521 Alice, stated:
- Stated he was denied a copy of Tiger Hill’s documents, and the city violated his civil rights.
- Requested the name of the councilor that denied this request.
City Manager Victoria Simonsen clarified that she was happy to give him whatever he wanted, she just needed to know what documents that he wanted copies of. Staff and councilor were trying to save Mr. Diamond money by not copying everything in the file if that is not what he wanted. Mr. Diamond should complete a written form for any information.
Mr. Manuel Cantu Jr., 113 McArthur Drive, stated:
- Questions regarding where the money is coming from for putting up the banners on East Main Street?
- Where is the savings reported on the cost of the banners?
Ms. Kelly Schultz, 16872 – 770th Avenue, stated:
- Gave her appreciation and thanks to the council for all of their support over the past ten years.
- Fund Raiser for the Pelican Breeze, Fish Fry to be held at the American Legion on Saturday, February 16, 2008 from 4:30 to 6:00 p.m.
8. ADJOURNMENT – 8:25 p.m.
Councilor Olson moved and Councilor Rasmussen seconded that there being no further business, the council meeting be adjourned at 8:25 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Tuesday, February 11, 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 29, 2008
/s/ Shirley Slater-Schulte /s/ Randall Erdman
Secretary of the Council Mayor Randall Erdman