The 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 Aaron Summers.

ROLL CALL

Present were Mayor Aaron Summers, Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson and Al Brooks.  Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, KAAL TV and KATE Radio.

The Pledge of Allegiance was recited.

CONSENT AGENDA

(a)   APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF OCOTOBER 23, 2006.

(b) RESOLUTION 06-265 ADOPTED – APPROVING CLAIMS:  Resolution 06‑265 represents the financial claims of the City.

(See Secretary's Original Resolution

06-265 included with these minutes.)

(c)  LICENSES APPROVED:

(d) RESOLUTION 06-266 - PRELIMINARY AND FINAL PLAT APPROVAL FOR TIGER HILLS SECOND

(See Secretary's Original Resolution

06-266 included with these minutes.)

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, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the resolutions passed and the consent agenda items adopted.

REQUEST FOR LADY OF GUADALUPE PROCESSION

Deacon Mike Ellis, St. Theodore’s Catholic Church, Albert Lea, MN requested a police escort for the Lady of Guadalupe procession on December 12, 2006 at 5:30 p.m.  The processional route would be the same as last year starting on Fountain Street west to Broadway Avenue and south to Clark.  Deacon Mike Ellis reported that they expect up to 400 people to participate.

After discussion by the City Council, the following motion was made.

MOTION:  Move for approval of this request.

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

DONATION TO CITY OF AN OUTDOOR DRIVE-UP BOOK DROP

City Manager Simonsen explained that the Albert Lea Public Library Foundation wishes to donate to the City an outdoor drive-up book drop.  The book drop is made possible by a generous gift to the Foundation from Alpha Orthodontics and Dr. Dean Leonard.  The gift was designated for this specific purpose.  The Foundation requests that the City approve the dedication of this property to improve library accessibility for the public.

After discussion by the City Council, the following motion was made.

MOTION:  To accept the outdoor drive-up book drop.

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

DONATION TO CITY OF FUEL PUMP AND TANK

Mr. Bruce Haugsdahl, Chairman of the Lakes Restoration Committee, and Ms. Susie Petersen, Executive Director of the Albert Lea-Freeborn County Chamber of Commerce presented to the City of Albert Lea a Certificate of Ownership for a fuel tank, pump and electrical work to be located on the north Shore of Fountain Lake near the public parking lot.  On January 10, 2005 the City Council authorized Resolution 05-3 allowing fuel to be dispensed on the lake.  This donation meets the intent of that resolution by making fuel available more conveniently to lake users.

Mayor Summers thanked them for this donation.

After discussion by the City Council, the following motion was made.

MOTION:  To accept the donation of the fuel pump, tank and electrical work on the fuel tank to be located on the north Shore of Fountain Lake near the public parking lot.

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

REQUEST FOR COMPOST MATERIALS – BARRY MAGNUSON

City Manager Simonsen explained that the City had received a request from Barry Magnuson, MHF of Freeborn County, Inc., to obtain compost materials from the Albert Lea transfer station.  The Magnuson’s operate a family hog farm in Freeborn County and would like to use four to twelve month old leaves and grass for composting of dead hogs in an environmentally friendly way.  The request includes up to 1,200 cubic yards of compost per year and would be hauled at a time when the loader is on the site.  The request includes the payment for the cost of the loading.  After discussion by the City Council, the following motion was made.

MOTION:  To authorize Barry Magnuson, MHF of Freeborn County, Inc., to obtain compost materials from the Albert Lea transfer station.

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

REQUEST FOR DISCUSSION OF FORFEITURE – RICHARD SEELYE

Mayor Summers explained that Mr. Richard Seelye, 914 Jefferson Ave., had requested to be placed on the agenda to discuss the forfeiture of personal property with the City Council.  Mr. Seelye called this afternoon as asked that this matter be placed on the next agenda.

Mayor Summers stated that this item would be on the November 27, 2006 agenda per the request of Mr. Seelye.

RESOLUTION 06-267 - REQUEST FOR INCREASE IN PURCHASE PRICE - BUTLER VIDEO

City Manager Simonsen explained that the City Council passed Resolution 06-254 on October 9, 2006 authorizing the City Manager to enter into negotiations to purchase Butler Video as part of the East Main Street Flood Mitigation Project (Job 0512) at a cost not-to-exceed $135,000.  Thorkelson Services, Inc. of Rochester, Minnesota conducted an appraisal and valued the property at this price.  Mr. Ed Butler, owner of Butler Video, is requesting an increase in the purchase price to $140,000.  Acceptable acquisition practices allow a 10% cushion in appraisal value.  The Butler Video store is also conjoined to the Union Center building with a common wall.  The price consideration of retaining the wall to the video store must also be factored in.  Therefore, staff can support the request for the purchase price to be $140,000.

After much discussion by the City Council, a motion was made not to offer the $140,000 purchase price as requested.

Resolution 06-267 was introduced by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Severtson, and Brooks.  Nays: Mayor Summers, Councilors Rasmussen, Marin and Fjelstad.  Mayor Summer declared the resolution to fail.

(See Secretary's Original Resolution

06-267 included with these minutes.)

PUBLIC HEARING FOR THE MAIN STREET ACQUISITION – CAR WASH

City Manager Simonsen explained that this public hearing was being held to receive input regarding the request to purchase the property located at 410 E. Main Street which currently includes the Minn-State Mortgage building and the Albert Lea Car Wash.  The purchase of the property would be part of the flood mitigation effort along East Main Street.  The Department of Natural Resources has indicated that they would make a 50% contribution to the cost of the project, which would require a 50% match by the City.  The owners of the property feel that the two existing buildings and property are valued at approximately $455,000.  A 50% match to this project is not included in the 2006 budget or the proposed 2007 budget.

Mayor Summers opened the public hearing and the following persons spoke to the issue:

City Manager Simonsen received an e-mail from Mr. David Woodruff, 200 Green Lea Lane, Albert Lea, MN stating the following:  “Unless there is some pressing public use which is served by the purchase of the 410 E. Main St. property, I would urge that the council resist the invitation to purchase this property.  While there may be some disruption of business when Main Street floods, this may be mostly cured by the ability to pump excess street water onto the properties previously purchased in this area such as the Labor Center property.  Also, both the house and the car wash were built long after it was recognized that flooding was a problem along this stretch of East Main.  The owners should have known what they were doing and did build up the properties so that flooding into the buildings was unlikely even if access may have been limited somewhat.  I don't think the citizens need to have more property pulled into a non-taxable status.  Given possible adjustments pushed by the watershed district to slow the drainage of storm water from the countryside into the city lakes, this property may increase in value and may successfully be put to better use.  Don't buy this land.”

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

After discussion by the City Council, the following motion was made:

MOTION:  Move not to acquire the property at 410 E. Main Street.

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

PUBLIC HEARING FOR TAX ABATEMENT AND RESOLUTION 06-268 – ALBERT LEA PUBLIC WAREHOUSE #4

City Manager Simonsen explained that this public hearing was being held to receive input regarding a request for tax abatement.  Mr. Allan Larson, owner of Albert Lea Public Warehouse #4, is requesting the City Council consider tax abatement on the property located at 1919 Margaretha Avenue.  Mr. Ed Tschida, Advance Resources for Development, Inc. gave a presentation and discussed the details of the project and the request.  Mr. Larson stated that he has not requested money from the school district only from the city and the county.

Mayor Summers opened the public hearing for public input.

City Manager Simonsen received an email from Mr. David Woodrufff, 200 Green Lea Lane, Albert Lea, which stated the following:  While I am in favor of reasonable economic development efforts, I suggest that the council keep in mind the voting down of the school referendum.  People in town are stressed about taxes.  Since the TIF mechanism is a tool which exists, I would look to that as the measure to use even if the particular tool is not used.  Therefore, I would limit benefits from the improvement project to that which could be received had this been a TIF project.  Thus, continue to collect current property tax.  Provide that the city will give up new taxes due to the improvements for the duration of the contract with Malt-O-Meal or a fixed year period.

Mr. Roger Bok, 1012 Cato Drive, stated he would like to see the itemized figures, rather than all of the figures together.  Larson should ask for this money, and if they cannot, then we should not give it to them.

Mr. Allan Larson stated that this would create 6-8 additional management jobs at $16-$18 per hour and possibly create more opportunity.

Mr. Gary Morrison, 722 Cedar, Albert Lea, encouraged the City Council to approve this as for years we have wondered how we can attract business and here is our chance.

Mayor Summers called three times for public input and then closed the public hearing.

After discussion by the City Council the following resolution was offered.

Resolution 06-268 was introduced by Councilor Fjelstad, seconded by Councilor Erdman.  On roll call vote the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers. Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-268 included with these minutes.)

RESOLUTION 06-269 - REQUEST FOR AN EXTENSION REGARDING THE CHANGE TO ZONING – WEDGEWOOD COVE SUBDIVISION

City Manager Simonsen explained that according to State Statute municipalities must respond within 60 days of an application to change zoning.  On October 5, 2006 the Planning Commission received an application to change the zoning for the Wedgewood Cove Subdivision.  Staff is requesting a motion to extend the time limit for the subdivision zoning for an additional 60-day period to allow for the proper annexation of the property prior to the zoning change.

Resolution 06-269 was introduced by Councilor Rasmussen, seconded by Councilor Brooks.  On roll call vote the following councilors voted in favor of said motion:  Councilors Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(See Secretary's Original Resolution

06-269 included with these minutes.)

RESOLUTION 06–270 - AUTHORIZING AN AGREEMENT WITH HUGH O’BYRNE – SUNDANCE SUBDIVISION

City Manager Simonsen explained that at the October 23, 2006 City Council meeting, Mr. Hugh O’Byrne stated that he had developed the property to the north of the Westwood Hills Subdivision and presented a developer’s agreement stating that he would be paid back for half of the project costs when the property to the south was annexed or developed.  Since that time, city officials have met with Mr. O’Byrne to discuss the development agreement that was signed in 1999.

There appears to be several issues:

1.   In Section 4.2 of the development agreement, it states that $387,497.50 (100% of the project) will be assessed to the lots located in the Sundance Subdivision.

2.   In Section 4.4 of the same development agreement, it states that at the property to the south will also benefit from the improvement of the east/west collector street (Westwood Drive) and at the time of development or annexation, it will be assessed for one-half of the collector street improvements.

This creates a problem in that the Sundance Subdivision is being assessed for the total project.  Therefore, another property cannot also be assessed for something that has already being paid for.

Secondly, Section 4.4 only identifies the future partial reimbursement for the collector street, although the developer states that the intent was to also get reimbursement for the watermain, and sanitary sewer expenses.

Only 550 lineal feet of the improvements completed in Phase I of the Sundance Subdivision is adjacent to Mr. Sherburne’s property to the south.  The rest is still under ownership of Mr. George Dress.

349 lineal feet of improvements are adjacent to the south property in Phase II of the Sundance Subdivision.

Mr. Hugh O’Byrne is requesting $40,249.10 for half of the cost of the improvements for Phase I, and $48,138.97 for half of the cost of Phase II.  These figures represent reimbursement for both road improvements and sewer and water costs.

In addition to the partial reimbursement for Westwood Drive, Mr. Hugh O’Byrne is also requesting repayment for the loss of two lots within the subdivision due to the city not allowing driveways on a collector street, and now they have allowed driveways for Mr. Sherburne’s subdivision.  Mr. O’Byrne values the two lots that he lost at $35,000 each.

It should be noted that a portion of the assessments in the Sundance Subdivision are delinquent and also have penalties and interest due on them.  The City Council has been provided with a spreadsheet identifying these costs and discussed this issue in detail at their recent workshop and pre-agenda meeting.

After much discussion, the City Council adopted the following resolution which authorized the payment up to $88,386.99 to Mr. Hugh O’Byrne.

Mr. Roger Bok, 1012 Cato Drive, wanted to know where the copy of the resolution was, as he did not see it in the packet.

City Manager Simonsen stated that we did not know which way the Council would vote on this, so a resolution will be prepared as directed by the City Council.

Resolution 06-270 was introduced by Councilor Brooks, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-270 included with these minutes.)

RESOLUTION 06-271 - AUTHORIZING DEVELOPMENT AGREEMENT – WESTWOOD HILLS SUBDIVISION

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a development agreement with Mr. Glen Sherburne, developer of Westwood Hills Subdivision.  The development agreement identifies that Mr. Sherburne will pay 100% of the project; there will be no assessments for improvements.  The work will be completed according to city standards and will not be accepted until signed by a professional engineer.  The owner will give a one-year warranty on the improvements as well as showing proof of ownership and insurance.

Initially, Mr. Sherburne will only be installing the sewer and watermain.  Upon completion, the City will accept the utilities.  Mr. Sherburne will also construct a gravel road which will be maintained by him.  If an additional lot is sold on either Outlot A or B, the street, curb and gutter and storm water system must be constructed and the roadway would be dedicated to the City.  Mr. Sherburne agrees to pay $31,514.49 in lot fees toward the cost of improvements to develop Westwood Road.  Details are outlined in the development agreement.

After discussion, the council authorized the following resolution.

Resolution 06-271 was introduced by Councilor Rasmussen, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-271 included with these minutes.)

BOARD OF APPEALS – RESOLUTION 06-272 – APPROVING A VARIANCE FOR 1608 LAKEWOOD AVENUE

City Manager Simonsen explained that Jeff & Judy Bowman, 1608 Lakewood Avenue, are requesting an 8 foot variance from the 25 foot rear yard setback requirement to allow for construction of a 16x20 foot three-season room to be attached to the east side of the house.  The Board of Appeals met on October 30, 2006 to discuss the request.  The Board of Appeals was unable to find undo hardship existing in the situation and voted unanimously not to recommend granting the 8 foot variance.

After discuss by the City Council the following resolution was adopted.

Resolution 06-272 was introduced by Councilor Rasmussen, seconded by Councilor Marin to not accept the recommendation of the Planning Commission and approve the variance.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-272 included with these minutes.)

RESOLUTION 06-273 - ACCEPTING DEMOLITION BIDS FOR MAIN STREET FLOOD MITIGATION PROJECT, JOB 0512

City Manager Simonsen explained that sealed bids with bonds were accepted for the 2006 Demolition Contract No. 1 involving the demolition and disposal of existing structures and parking lots of properties along East Main Street known as Job 0512.  Ten bids were received for the project ranging in price from $68,850 to $233,487.  After reviewing the bids the City Engineer’s office is recommending the low bid of $68,850 as submitted by M. J. Neisen Asphalt of Arlington, MN.  The bid also includes the excavating, removal and backfilling of the foundation areas, and the placement of topsoil over all disturbed areas.  The Engineer’s estimate was $90,000.

After discuss by the City Council, the following resolution was adopted.

Resolution 06-273 was introduced by Councilor Marin, seconded by Councilor Brooks.  On roll call vote the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-273 included with these minutes.)

MOTION TO PREPARE RFP FOR PRIVATE LEASE OF PUBLIC PROPERTY – CONCESSIONS AND FUEL ON FOUNTAIN LAKE

City Manager Simonsen explained that city staff is requesting authorization from the City Council to prepare a request for proposals for the private lease of public property to offer concessions and fuel services on Fountain Lake.  This motion would allow the City to advertise for proposals that would better utilize the recreational aspect of Fountain Lake.  The City, Chamber of Commerce, and Lake between the Lakes Committees all promote the use of facilities to encourage more activity on Fountain Lake.

MOTION: To approve the request to prepare RFP’s for private lease of public property regarding the concessions and fuel tanks on Fountain Lake.

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

RESOLUTION 06-274 - AUTHORIZING AGREEMENTS FOR EAST MAIN STREET- INSTALLATION OF STREET LIGHTS

City Manager Simonsen explained that this resolution would authorize the City Manager to enter into an agreement with Freeborn Mower Cooperative and Alliant Energy for the installation of lights for the East Main Street Lighting Project-Job 0607.  Freeborn Mower Cooperative is responsible for the installation of 17 lights from Blake Avenue east to the entrance of Trails Service Center in the amount of $45,000.  Alliant Energy is responsible for the installation of 88 lights west of Fenton Street to Blake Avenue and north on Highway 65 to Sorenson Road.  The agreement with Alliant Energy is in the amount of $163,554.  The agreement include the installation of underground secondary conductors and any transformers needed, underground boring, trenching or plowing and installation of the pole bases.  The City is expecting the arrival of the luminaries and poles around December 15^th.  Unless the weather permits, the poles and lights will not be installed until the spring of 2007.

Resolution 06-274 was introduced by Councilor Rasmussen, seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said resolution: Erdman, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Nays: Councilor Marin.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-274 included with these minutes.)

RESOLUTION 06-275 - AUTHORIZING BRIDGEPORT FIFTH SUBDIVISION DEVELOPMENT AGREEMENT

City Manager Simonsen explained that this resolution would authorize a subdivision development agreement between the City of Albert Lea and George W. & Mary L. Dress, owners of Bridgeport Fifth Subdivision.  The developer agrees to pay $3,100 in lieu of parkland dedication.  The agreement also identifies a total of $25,430 for the sanitary sewer and water trunk system to be paid at the time of issuing a building permit.  The Bridgeport Fifth Subdivision is located on North Bridge Avenue near the intersection of Sykes Street.

After discuss by the City Council the following resolution was adopted.

Resolution 06-275 was introduced by Councilor Rasmussen, seconded by Councilor Erdman. On roll call vote, the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-275 included with these minutes.)

RESOLUTION 06-276 - AUTHORIZING FUND TRANSFERS

City Manager Simonsen explained that this resolution would authorize the transfer of funds as follows:

• Transfer $92,123.01 from the storm water utility fund to the capital projects fund to be applied to the city’s portion of costs for the upcoming storm lift upgrades.

• Transfer $61,077.28 from the public lighting utility fund to the capital projects fund to be applied to the city’s portion of costs for the upcoming E. Main lighting project.

• Transfer $240,000 from the general fund to the central garage fund to reimburse the central garage fund for the portion of the new fire engine and the new squad car that were to be purchased with the P&F interest earnings from 2005 per Council Resolution 05-271.

• Transfer $17,019 from Special Assessment Capital Project Fund to the Capital Improvement Debt Service Fund per auditor recommendation.

After discuss by the City Council the following resolution was adopted.

Resolution 06-276 was introduced by Councilor Erdman, seconded by Councilor Marin.  On roll call vote the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-276 included with these minutes.)

RESOLUTION 06-277 - APPROVING CONTRACT WITH KATE/KCPI- CITY ARENA

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with KATE-AM/KCPI-FM Radio for the use of the City Arena for its Annual Home, Sports and Recreation Show from March 21^st through March 25^th, 2007.  KATE Radio agrees to pay $4,000 for use of the arena as well as $2,000 of credit to the City to be used for advertising as well as a city booth at the event.

After discuss by the City Council the following resolution was adopted.

Resolution 06-277 was introduced by Councilor Severtson, seconded by Councilor Brooks. On roll call vote the following councilors voted in favor of said resolution: Erdman, Marin, Severtson, Fjelstad, Rasmussen, Brooks and Mayor Summers.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-277 included with these minutes.)

RESOLUTION 06-278 - ADOPTING PARK & RECREATION DEPARTMENT – TOBACCO FREE POLICY

City Manager Simonsen explained that a the regular meeting of the Park & Recreation Advisory Board on October 30^th, 2006 the Board unanimously voted to recommend a Tobacco-Free Park/Facilities Policy to the City Council for their review and action.  The policy statement identifies that the City is committed to the quality of life for all residents and believe that tobacco products in the proximity of children is unhealthy and detrimental to the health of others.  The policy identifies that the City does not allow the use of tobacco products on city owned parkland, park facilities, open space, trails or outside the City Arena, Senior Citizen’s Center and Civic Theatre.  The emphasis on enforcing the tobacco free park policy would be through voluntary compliance.  Signs would be posted at city owned facilities and staff would make periodic observations of open spaces to monitor compliance.  Athletic associations that utilize city owned facilities would be asked to commit to enforcing the policy during their scheduled events.  City staff supports the Board recommendations in their entirety.

After discussion by the City Council the following resolution was adopted.

Resolution 06-278 was introduced by Councilor Brooks, seconded by Councilor Rasmussen.  On roll call vote the following councilors voted in favor of said resolution: Erdman, Rasmussen, Brooks and Mayor Summers.  Nays: Councilors: Marin, Fjelstad and Severtson.  Mayor Summers declared the resolution passed.

(See Secretary's Original Resolution

06-278 included with these minutes.)

WARD ITEMS

First Ward, Councilor Rasmussen:

• Thanked everyone who supported and worked at the breakfast fundraiser for the Library Foundation.

• Congratulations to the newly elected officials and to everyone who ran for office.

Second Ward, Councilor Erdman:

• Thanked the Park Department for putting up the lights in the downtown area.

• November 24, 2006 – 1^st annual contest on holiday decorated windows and people will be voting for the best decorated window.

• Christmas tree lighting downtown will be the day after Thanksgiving.

• Please support the downtown association and the merchants.

Third Ward, Councilor Marin:

• Asked for an update on Sunset Street and how are we coming with this project.

• Congratulated everyone that ran for office and congratulated the new members elected to council and mayor positions.

Fourth Ward, Councilor Fjelstad:

• Suggested changing of procedures for the Board of Appeals.

Fifth Ward, Councilor Severtson:

• Received two telephone calls being critical of the recent snow removal and one telephone call that said what a good job was done on the snow removal.

Sixth Ward, Councilor Brooks:  Nothing

Mayor Summers:

• Wished everyone a Happy Thanksgiving.

• Thanked everyone who ran for office and those that were elected.

COMMITTEE UPDATES:

Councilor Rasmussen:  Human Rights Committee – working on procedures and forms.

Councilor Erdman:  Planning Commission – working on several items, the Comprehensive Plan, Wedgewood Cove, Zoning Change on property in front of Home Depot and CUP for Park Hills Townhomes.

Councilor Marin:  Nothing.

Councilor Fjelstad:  Port Authority Board has hired the Brimmeyer Company to start the search for when Mr. Paul Sparks steps down.

Councilor Severtson:  HRA Board - working on improving some neighborhoods, met with Jon Ford to complete some rental inspections and working on transfer station.

Councilor Brooks:  Park and Recreation Advisory Board - Recommended the Tobacco Policy.  Only about 10% of the public surveys have been received back on the programs offered by Park and Recreation.  Working on the Katherine Island and bridge.  Park Board has requested that the Mayor reduce the board from 9 to 7 members, one from each ward and one at large.

FOLLOW-UP TO PUBLIC CONCERNS

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

•  Questions regarding the financial status of the Port Authority:

• According to City Code Sec. 2-233 “The port authority shall be a public body politic and corporate and a political subdivision of the state.  It shall not be considered a department of the city nor shall the city be liable for its obligations unless assumed by the city in writing.”

• According to City Code Sec. 2-238 “At least once annually the authority shall be the principal item of business at a regularly scheduled council meeting, at which time members of the public may request information and make comments regarding the operations of the authority.”

• Section 2-239 On or before September 1 of each year, the port authority shall submit its annual budget to the city council.  The port authority board of commissioners may make budget adjustments during the year as they deem appropriate in their sole discretion.”

• Interstate Power was supposed to cap the well on Front Street, not the city.

• The city entered an easement agreement in 1979 taking responsibility for the expenses in capping the well.

• Why is the city putting $1 million in Edgewater Park?

• We have no plans to invest $1 million at the site.

• Why is the city contributing money to the watershed district and Minnesota Design team?

• The city has the ability to contribute toward items that are seen as public purpose expenditures. Involvement with watershed issues and future planning of community as issues we want to partner in improving.

• Where is the machine in Council Chambers to project paper?

• Mr. Bok shared this idea with me, but we chose to budget new cameras and other audio/video equipment first.  This may be an item we can plan for in the near future.

• Mentioned a road down Clark and Main and a stoplight to go to Newton.

• Staff does not know what Mr. Bok is referring to and would need more detail.

PUBLIC ITEMS:

Mr. Roger Bok, 1012 Cato Drive:

• Why are we always moving items around on the agenda?

• It is an inconvenience to all of the public, moving the open forum to the end of the agenda.

• Why did you fence off the road into the park at Pelican Drive?  Now when you take your ice houses out there you can hardly get through, make that road as wide as it is suppose to be.

• Trees on the hill are dead and kids are climbing on them, city should clean the trees up.

• Questions and concerns about the Port Authority, regarding the salary, office equipment and assistant and the cost of this.  We are paying over $150,000.00 when he did the job for $1,500.00.

• Concerns about no smoking and yet the city has a septic system running into the lake on the west side. (Habben property)

• Why wasn’t the road put in down on Clark Street?  You should buy that property and move the fire department down on Clark Street.

• I went out towards Clarks Grove, I see you put a sign up there, stop there for the light.  Why didn’t you put an arm out there so people can see it?  When I was there, before I got there, there were 8 cars parks there.  Here comes one of the deputies, turned on his lights and waved everyone to come through.  I waited and I stopped on the light and it works, but half the people don’t know it.  They do not know where to stop.  We were supposed to move that two years ago, why wasn’t that done.  All we get is a bunch of excuses.  How long does it take to do this stuff?

• Fire Hydrants on the west side have never been cleaned off.

• Skunks pelts are up to $15.00 per piece.

Mr. Manuel Cantu Jr., 113 McArthur Drive:

• Concern about the exit entrance in front of the City Center and suggested that the city place a NO left turn sign at the west driveway.

• Should have a “Smoking” designated area in the parks and public buildings

ADJOURNMENT

Councilor Brooks moved, Councilor  Severtson seconded, that there being no further business, the council meeting be adjourned at  p.m., until the next regular meeting of the Albert Lea City Council on Monday, November 27, 2006.  On roll call vote, all councilors voted in favor of said motion. Mayor Summers declared the motion passed and the meeting adjourned.

Filed and attested November 14, 2006.

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Secretary of the Council                                       Mayor Aaron Summers

2006 Archived minutes

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