Pastor John Holt, First Lutheran Church, offered a prayer.

The October 22nd, 2007 regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Randy 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.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF OCTOBER 8, 2007.

*b.       RESOLUTION 07-188 – APPROVING CLAIMS:  Resolution 07-188 represents the financial claims of the City.

(See Secretary's Original Resolution 07-188 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       CALLING A PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENTS, NOVEMBER 26, 2007 AT 7:00 P.M.

*e.        RESOLUTION 07-189 ADOPTED - APPROVING LAWFUL GAMBLING LICENSE RENEWAL - ALBERT LEA MOOSE LODGE, 3288 E. MAIN STREET.

(See Secretary’s Original Resolution 07-189 included with these minutes.)

*f.        RESOLUTION 07-190 ADOPTED – APPROVING LEASE FOR LAWFUL GAMBLING – ALBERT LEA HOCKEY ASSOCIATION AT CHASERS IV BAR, 1119 S. BROADWAY AVENUE.

(See Secretary’s Original Resolution 07-190 included with these minutes.)

*g.       RESOLUTION 07-191 ADOPTED – APPROVING LEASE FOR LAWFUL GAMBLING – ALBERT LEA HOCKEY ASSOCIATION AT EDDIE’S BAR, 719 MARSHALL STREET.

(See Secretary’s Original Resolution 07-191 included with these minutes.)

*h.       RESOLUTION 07-192 ADOPTED – APPROVING A CONTRACT WITH THE FIGURE SKATING CLUB FOR ICE TIME RENTAL.

(See Secretary’s Original Resolution 07-192 included with these minutes.)

MOTION:  Move to adopt the consent agenda as presented.

Councilor Brooks moved that the consent agenda items be adopted as presented, seconded by Councilor Marin.  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 NOT TO PAINT “NO PARKING ZONE” – DOUG’S AUTO BODY

City Manager Simonsen explained that at the August 27, 2007 City Council meeting the Council granted a request to paint cross hatchings throughout the alley between Cafourek & Associates and Doug’s Auto Body.  Since that time, the City Council has been working with adjacent owners on a solution that is reasonable to both parties.  Although the parties understand long term parking is not allowed in alleys, parking a vehicle for loading, unloading, or in this case, receiving an estimate, is acceptable in the alley.  Therefore, Mr. Doug Hallum, Doug’s Auto Body, is requesting the alley not be painted so customers wanting to receive estimates will not be inhibited to use this area.  Staff has reviewed the request and can support the request by Mr. Hallum.

MOTION:  Move to approve this request.

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

b.         REQUEST FOR 15-MINUTE LOADING ZONE SIGN – MUNICIPAL LOT #8

City Manager Simonsen stated that the Police Department has been working with Jake’s Pizza to prevent delivery vehicles from blocking the alley next to their building.  The solution they are proposing is to create three stalls in the municipal lot behind the business to be designated for short term parking only.  The three stalls would be given signage “Loading Zone 15-minute Parking Only”.  Engineering has reviewed the request and has no objection.

MOTION:  Move to approve this request.

Councilor Marin moved this motion, seconded by Councilor Severtson.  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

c.         REQUEST FROM AMERICAN LEGION FOR VETERAN’S DAY PARADE

City Manager Simonsen explained that the American Legion Club plans to host a Veteran’s Day parade on November 12, 2007 on or about 10:30 a.m.  The parade route would assemble at the American Legion Club and move south on Broadway to the Government Center.  The Police Department has reviewed the request and is supportive of issuing a parade permit.

MOTION:  Move to approve this request.

Councilor Severtson moved this motion, seconded by Councilor Marin.  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.

d.         REQUEST TO DEMOLISH STRUCTURE AT 1420 EDGEWATER DRIVE

City Manager Simonsen conveyed that the City has received a request to demolish a structure at 1420 Edgewater Drive.  This garage is located within the right-of-way and owned by Larry Harmdierks.  The engineering department feels that the structure limits the view of oncoming traffic, creating a hazard.  The owner is willing to have the structure removed if the city pays for the demolition costs and grading.  The street department estimates that the structure could be removed within a day or two over 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:  Councilors: Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Councilor Rasmussen abstained as this is a neighbor.  Mayor Erdman declared the motion passed.

e.         REQUEST FOR RENT OF TANKER TRAILER – STEELE COUNTY

City Manager Simonsen explained that the City has received a request from Steele County for the rental of the 6,000 gallon tanker trailer.  They need to use this trailer due to the recent rains which has caused an increase in the amount of leachate that they need to treat.

Staff has reviewed the request and can support the rental of the tanker trailer at a cost of $75.00 per day, proof of insurance and an agreement to repair or pay for any damages to the tanker.  This is a similar agreement that the city has entered into with other communities for assistance or mutual aid.

MOTION:  Move to authorize the Mayor and City Manager to enter into an agreement with Steele County for the rental of the tanker trailer.

Councilor Baker moved this motion, seconded by Councilor Marin.  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.

4.         UNFINISHED BUSINESS  - (NO ITEMS)

5.         NEW BUSINESS

a.         RESOLUTION 07-193 ADOPTED – APPROVING ALBERT LEA PORT AUTHORITY 2008 BUDGET

Mr. Dan Dorman, Executive Director, Albert Lea Economic Development Agency, presented the 2008 Albert Lea Port Authority budget.

Resolution 07-193 was introduced by Councilor Severtson, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-193 included with these minutes)

REQUEST FOR DONATION BY ALBERT LEA PORT AUTHORITY

Mr. Dan Dorman requested that the city donate back to the Albert Lea Port Authority the $600.00 per month which is paid to the city for the accounting services.
MOTION:  Move to add the value of $7.200.00 to the 2008 City budget.

Councilor Rasmussen moved this motion, seconded by Councilor Marin.  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.

b.         RESOLUTION 07-194 ADOPTED – APPROVING TOWING CONTRACT – TOW‑N‑TRAVEL

City Manager Simonsen explained that the Albert Lea Police Department is requesting a resolution to authorize a towing contract with Allen’s Tow-N-Travel for a two-year period which would terminate on October 31, 2009 unless earlier termination would be appropriate.  The City has been using this contractor to provide the towing, impounding, and storage of motor vehicles for involuntary towing over the past six years.  During that time no other towing company has come forward to provide the same degree of service with the required equipment and availability as Allen’s Tow-N-Travel.  The contract identifies that the contractor agrees to have available within a ten mile radius of the Law Enforcement Center the equipment able to tow a variety of vehicles that may need to be moved.  The contract outlines the required impound lot and storage facilities and the availability of the contractor throughout the year.  The contractor will maintain the appropriate insurance to be solely responsible for the loss or damage to any vehicle including equipment and contents.  Further, the contractor shall obtain a surety bond in the amount of $10,000 for the faithful performance of all duties and obligations under the contract.  It is the contractor’s responsibility to obtain payment for the towing services from the private party responsible for the vehicle.

Resolution 07-194 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, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-194 included with these minutes)

c.         RESOLUTION 07-195 ADOPTED – AUTHORIZING MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATION

City Manager Simonsen stated that this resolution would authorize the Mayor and City Manager to enter into an agreement with the Minnesota Department of Transportation for state aid for airport maintenance and operation.  Under the agreement, the State will reimburse two-thirds of the documented, routine maintenance costs during the 2008 and 2009 fiscal years from July 1st through June 30th of each year.  The reimbursable costs cannot exceed $36,932 of state aid for each state fiscal year.  The State encourages that municipalities submit all eligible maintenance costs for the entire fiscal year above and beyond the allocated amount to help MnDot identify the actual maintenance costs that airports are incurring.
Resolution 07-195 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 07-195 included with these minutes)

d.         RESOLUTION 07-196 ADOPTED – APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE CITY OF ALBERT LEA AND THE STATE OF MINNESOTA

City Manager Simonsen explained that this resolution would authorize the City to enter into a collaborative effort agreement with MnDot.  The purpose of the agreement is to allow the City of Albert Lea and MnDot to use each other’s services for design, construction, maintenance and operation of state and local roads.  Currently, the City utilizes a similar agreement for bridge inspections and lab services.  The City has used MnDot crews for resurfacing and MnDot has used City equipment in the past under this agreement.  The agreement would also authorize the City Engineer to write work orders with MnDot in the future.  The contract would expire on November 30, 2012 unless terminated before that time.

Resolution 07-196 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 07-196 included with these minutes)

e.         RESOLUTION 07-197 – APPROVING WAL-MART STORES, INC. CURENCY EXCHANGE LICENSE RENEWAL

City Manager Simonsen stated that this resolution would authorize Wal-Mart Stores, Inc. d/b/a Wal-Mart Store #1020, a currency exchange license as applied for with the Minnesota Department of Commerce.  The full renewal application has been submitted to the State.  It includes names of officers and owners, background checks, a fee schedule of all fees to be charged by the Currency Exchange Office, a $10,000 surety bond valid through December 31, 2008 and a $500 renewal fee.  The local governing body is required to approve of the currency exchange license renewal for 2008 prior to conducting such business.

Resolution 07-197 was introduced 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.

(See Secretary’s Original Resolution 07-197 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE UPDATES
First Ward, Councilor Rasmussen:

• No ward or committee items

Second Ward, Councilor Baker:

• Planning Commission update: Consultant gave an overview of the comprehensive plan.
• Ward Item:  At the corner of First Avenue North & Clark Street there is a concern of safety.  Request accident statistics for that area.

Third Ward, Councilor Marin:

• Convention Visitors Bureau:  The next meeting is to be held on Friday.
• Stated that he is supporting the operating levy for the School District and will be voting yes/yes and encouraged everyone to support this levy.

Fourth Ward, Councilor Olson:

• Gave an update on the Parks & Recreation meeting
• The gazebo at Pioneer Park is near completion; the playground will be completed in 2008.
• Update on Katherine Island.
• Youth baseball complex discussed.

Fifth Ward, Councilor Severtson:

• No HRA Board updates.
• Congratulated the girls soccer team who will be going to state.
• Sanderson’s Repair is concerned about the common wall structure.
• Dennis Hamburg, VFW, will be holding fundraiser on Saturday, October 27, 2007.

Sixth Ward, Councilor Brooks:

• No Committee updates.
• 413 East 7th Street – driveway rubbish.
• Myers Road by Minnesota Corrugated Box and Cedar Valley there are large chunks of concrete in the road right of way.
• Margaretha Avenue update.

Mayor Erdman

• Performance appraisal regarding the City Manager are due to the Human Resources Director Mike Zelenak by November 5, 2007.
• Downtown Expo to be held October 23rd and 24th, 2007.
• House and Senate Capital Investment tours are scheduled for October 24th & 25th, 2007.
• Stated that he is supporting the operating levy for the School District and will be voting yes/yes.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

• Selling of items on the internet has been assigned to the Human Resources Director and the supervisor; investigation is pending.

7.         PUBLIC FORUM

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

• City Charter – Vine Street needs shoreline cleaned up.  The city is very dirty and someone is not doing their job.
• Stated that Victoria stated something about the clean up of the lakes which was not accurate.

Mr. Jim Diamond, 521 Alice, stated the following:

• Lights have not been repaired at the New Denmark Park/Trails.
• Requested the number of signatures needed on a petition to overturn the council seats

Mr. Manuel Cantu Jr., 113 McArthur Drive, stated the following:

• $400,000 was the difference in the bids.
• $335,000 was the price offered to the Moose.

Mr. Dennis Dieser, 1002 Wood Park Lane, stated the following

• Community policing has been very helpful at the YMCA.  The presence of the officers helping with the flag football and visiting with the children and families has really made a difference.
• Very impressed with the bike trails and the boat landing.

8.         ADJOURNMENT – 8:00 p.m.

Councilor Olson moved to adjourn the meeting, seconded by Councilor Baker.  There being no further business, the council meeting was adjourned at 8:00 p.m. until the next regular meeting of the Albert Lea City Council on Tuesday, November 13, 2007.  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 October 23, 2007.

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

2007 Archived minutes
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