Pastor Jeff Laeger-Hagemeister, St. John’s Lutheran Home, offered a prayer.

The November 13, 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 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.         Mayor Erdman welcomed Boy Scout Troop # 105 to the meeting.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF OCTOBER 22, 2007.

*b.       RESOLUTION 07-198 – APPROVING CLAIMS:  Resolution 07-198 represents the financial claims of the City.

(See Secretary's Original Resolution 07-198 included with these minutes.)

*c.        LICENSES AND PERMITS:

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 TO HOLD PROCESSION FOR LADY OF GUADALUPE – ST. THEODORE’S CHURCH

Deacon Mike Ellis, 1610 Plainview Lane, explained that representatives of St. Theodore’s Catholic Church are requesting city assistance in coordinating a procession to celebrate the Feast of Our Lady of Guadalupe on December 12th at approximately 5:30 p.m.  They are requesting a police escort or barricading of the right-of-way for a group to proceed west on Fountain Street, south on Broadway, east on Clark and then back to the entry to St. Theodore’s.  This is the third year the procession has been held with no problems noted.

Deacon Mike Ellis also thanked the Council for all of their hard work and dedication to the City.

MOTION:  Move to approve this request.

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

b.         REQUEST FROM ALBERT LEA FESTIVAL OF BANDS COMMITTEE

City Manager Simonsen stated that Mr. Richard Hench, Chairman of the Albert Lea Festival of Bands, is requesting the city’s support regarding its proposed Ninth Annual High School Marching Band Festival.  The event would be held on Sunday, June 15, 2008 between 2:00 p.m. and 6:00 p.m.  The parade would follow the same route as last year.  The Department of Transportation has given approval for the parade with stipulations regarding traffic control and signage.  City staff supports this event and will cooperate with the coordination of street closings and other traffic issues to accommodate the parade, if approved.

MOTION:  Move to approve this request.

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

c.         REQUEST FOR THREE – TWO-HOUR PARKING STALLS, 808 FRONT STREET

City Manager Simonsen commented that the City has received a request from the Albert Lea Tribune for the consideration of making the parking stalls directly in front of 808 Front Street into two-hour parking spaces.  The change from twelve-hour parking to two‑hour parking would better accommodate the traffic patterns of customers of the Albert Lea Tribune.  Mary Schroeder, CSO, has reviewed the request and can support three two-hour parking stalls at this location.

MOTION:  Move to approve this request.

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

d.         REQUEST FOR 15-MINUTE PARKING STALL, 106 W. CLARK STREET

City Manager Simonsen explained that Mary Umstead, owner of the Mary-Go-Round Shoppe, located at 106 W. Clark Street, is requesting one 15‑minute parking stall be identified outside of her business.  Customers wanting to deliver consignment oftentimes have difficulty locating a parking stall in the vicinity from which to carry their merchandise.  Mary Schroeder, CSO, has reviewed the request and can support a 15‑minute parking stall at this location.

MOTION:  Move to approve this request.

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

e.         REQUEST FOR BARRICADE OF WILLIAM STREET – SALVATION ARMY

City Manager Simonsen explained that the Salvation Army is requesting a barricade of a portion of William Street, between Broadway and Newton, from 9:30 a.m. to 2:30 p.m. for their Kettle Soup Event on Saturday, November 24, 2007.  This event is being held in conjunction with several other activities held that day and staff can support this request.

MOTION:  Move to authorize 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.

f.          REQUEST FOR BARRICADE OF WILLIAM STREET – ALBERT LEA CONVENTION & VISTOR’S BUREAU

City Manager Simonsen explained that the City has received a request from the Albert Lea Convention & Visitor’s Bureau for Williams Street to be barricaded between Broadway and Newton, on Monday, November 26, 2007 from 4:30 p.m. to 7:30 p.m. for seven buses to park for the Holiday Art Stroll being held in the downtown area.

MOTION:  Move to authorize this request.

Councilor Marin moved this motion, seconded by Councilor Baker.  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

a.         RESOLUTION 07-199– AUTHORIZING EXTENSION OF PRELIMINARY PLAT – WEDGEWOOD COVE SUBDIVISION

City Manager Simonsen explained that the preliminary plat of Wedgewood Cove Subdivision was approved in December 2006 subject to preparation of an environmental review, annexation of the property and recording of a final plat.  The subdivision ordinance allows one year from approval of the preliminary plat to the recording of a final plat.  The time period for this project will expire before a final plat is recorded.  The Planning Commission reviewed the updated preliminary plat and requested an extension at its November 7, 2007 Planning Commission meeting.  Since December 2006 an environmental review has been conducted and completed, and the land in subject has now been petitioned for annexation and is under the control of the developer.

Resolution 07-199 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, Severtson, Brooks and Mayor Erdman.  Councilor Olson abstained.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-199 included with these minutes)

b.         RESOLUTION 07-200 – RESCINDING RISK ASSESSMENT – WEDGEWOOD COVE SUBDIVISION

City Manager Simonsen explained that at on January 22, 2007, City Council meeting the City Council voted to require the developers of Wedgewood Cove to submit a Risk Assessment after they requested the City to bond for $1.5 million.  The developers of Wedgewood Cove are no longer requesting bonding capacity for the project to move forward.  This resolution would rescind the previous motion requiring a risk analysis on the project.

Mr. Paul Field, 3012 Lake Chapeau Drive, partner in this development, addressed the Council regarding rescinding the risk assessment.  Originally, there was a request for public bonding and this would have put the City at risk.  We are no longer requesting any City bonding monies.

Resolution 07-200 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, Brooks and Mayor Erdman.  Councilor Severtson voted nay. Councilor Olson abstained.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-200 included with these minutes)

5.         NEW BUSINESS

a.         RESOLUTION 07-201 – AUTHORIZING DISTRIBUTION OF DISCRETIONARY FUNDS

City Manager Simonsen explained that the City of Albert Lea advertised for applications from qualified non-profit organizations for discretionary funds identified in the City Council’s preliminary 2008 budget.  Discretionary funds were budgeted at $55,000 to be granted to local organizations that meet the public purpose doctrine according to state statute.  The City received a total of twenty-five grant applications totaling nearly $127,000.00 in requests.  A committee made up of city staff reviewed the applications and identified whether or not the City has statutory authority to donate to each request.  The committee made their recommendation to the City Council.  The City Manager is recommending distribution of the $55,000 as recommended by the staff committee.

Resolution 07-201 was introduced by Councilor Olson, 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 07-201 included with these minutes)

b.         RESOLUTION 07-202 – AUTHORIZING CONDITIONAL USE PERMIT – SALVATION ARMY

City Manager Simonsen explained that the Salvation Army has occupied its current site at 302 Court Street since 1954.  It is zoned R‑P (Residential Preservation District).  The zoning ordinance that was adopted in 1976 requires a conditional use permit for religious and cultural land uses within a residential district.  Because of the change in the zoning ordinance, the Salvation Army building is now a non‑conforming land use.  The Salvation Army is requesting a conditional use in the R‑P District to allow them to proceed with the development of a campus plan with long-term development objectives.  The Planning Commission met and discussed the proposal at their November 7th meeting and unanimously approved a conditional use permit to allow for the planned expansion.

Resolution 07-202 was introduced 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.

(See Secretary’s Original Resolution 07-202 included with these minutes)

c.         RESOLUTION 07-203 – DEFERRING ASSESSMENTS FOR 702 PILOT STREET

City Manager Simonsen explained that the City has received a request from the owner of property located at 702 Pilot Street for the deferment of special assessments associated with Job 0631 at a cost of $1,565.97 plus interest.  The property owner does meet the income guidelines to defer assessments and applicable interest until one of the following events occurs: (a) the death of the owner; (b) the sale transfer or subdivision of all or any part of the property; (c) the loss of homestead status on the property; (d) or determination by the City Council that requiring immediate or partial payment would not impose a hardship.

Resolution 07-203 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 07-203 included with these minutes)

d.         RESOLUTION 07-204 – ACCEPTING AUDIT FINDINGS AND AUTHORIZING CONSENT TO CHANGE SALES AND USE TAX

City Manager Simonsen stated that the City of Albert Lea was contacted in January 2006 that it would be undergoing a sales and use tax audit by the State.  The audit was scheduled to include the periods of August 2002 through December 2005.  Cities were not subject to sales tax until 1992.  There are still many vendors that assume the city is tax exempt.  It is then our responsibility to determine if it is a taxable item or service and remit use tax to the State.  The audit was completed in November 2006 indicating that a total of more than $456,000 was due to the State for tax and interest during that time period.  The City’s Finance Director responded to the audit report and resolution has not been reached until recently.

After nearly two years of audit proceedings, the City has received its final audit report.  The City owes $40,243.86 plus interest of $6,493.11 for situations in which the City failed to charge sales tax such as Park & Recreation fees, animal control fees, rentals, etc. as well as situations where the City failed to pay use tax on purchases such as police mobile data equipment, diesel fuel purchases, mowing services and the arena dasher boards.  This resolution would authorize reimbursement to the State for sales and use tax owed as described.

Resolution 07-204 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 07-204 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

1.      Appointment of Dennis Dieser to the Comprehensive Plan Steering Committee

MOTION:  Move to approve the appointment of Dennis Dieser to the Comprehensive Plan Steering Committee.

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

            2.      Appointment of Michael Moore to Greater Jobs, Inc./Port Authority Board

MOTION:  Move to approve the appointment of Michael Moore to Greater Jobs, Inc.//Port Authority.

Councilor Baker moved to approve this motion, seconded by Councilor Rasmussen.  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.      Mayor’s Boards & Commissions Vacancies.

Mayor Erdman announced that there would be many vacancies available on city boards and commissions starting January 1st.  He encouraged residents to apply for a board seat.

WARD AND COMMITTEE ITEMS:

First Ward, Councilor Rasmussen:

• Received a telephone call from citizens requesting that a box be placed in the drive for water bills.
• Several calls from residents concerned about the Eagle’s Rest Area, the silt fences are being over-run.  The entrance area is filled with gravel piles in the gutter.

MOTION:  Move to direct staff to research the legal options for the city regarding the Eagle’s Rest Development.

Councilor Rasmussen 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.

• Thanked the Mayor and staff for all of their hard work during the past month for welcoming the House and Capital Investment Committees.
• Invited everyone to attend the (Open House) Comprehensive Plan on November 15, 2007 from 5 p.m. to 8 p.m. at the Albert Lea Senior Center.

Second Ward, Councilor Baker:

• Planning Commission update
• Concerns regarding the use of signs within our community.
• No ward items.

Third Ward, Councilor Marin

• Update on CVB Meeting.
• Congratulation to District 241 and to everyone who voted.
• Questions regarding Sunset Street extension.
• Extended Thanksgiving wishes.

Fourth Ward, Councilor Olson:

• No ward or committee updates.
• Encouraged everyone in Albert Lea and surrounding areas to shop locally when doing your holiday shopping.

Fifth Ward, Councilor Severtson:

• HRA Board updates.
• Airport Advisory Board updates - toured four airports.
• Congratulations and best wishes to the Albert Lea Girl’s Swim Team as they are going to State.

Sixth Ward, Councilor Brooks:

• Port Authority updates.
• Parking issues on East 9th and would like to meet with city staff and residents regarding these parking issues.
• Closing of bathrooms at Frank Hall Park and requested that the bathrooms be left open for a longer period of time.

Mayor Erdman:

• Thank you to City Manager Simonsen, City Engineer Steve Jahnke and other city staff for doing a great job on the presentation of the Edgewater Project to the House and the Senate Bonding Committees.
• Thank you to Wendy Flugum and Bob Graham for the $2,500.00 grant from the National Trust for Historic Preservation to host the Downtown Expo.
• Project underway to replace light bulbs on the top of historic buildings in the downtown area by Destination Albert Lea, special thanks to Kevin Savick for taking care of the lights on Brick Furniture and Bible Book store blocks.  Also Linda Knudsen, Brian Knudsen, Tom Staker for their work on the Plymouth Shoes and Celebrations blocks.
• We have extra bulbs to replace the bulbs on the Community Theatre, Freeborn Bank Building and Jacobson Building. City staff will replace these.
• Upcoming events in the downtown:  Holiday Decorating Contest, Holiday Art Stroll, Holiday Music, Festival of Trees at the Albert Lea Art Center and shopping the day after Thanksgiving, also Santa’s arrival, Albert Lea High School choirs, official tree lighting ceremony at 6:00 p.m. in the North Broadway lot.  Destination Albert Lea will have a chili supper following these events at the American Legion and the following day is the Salvation Army’s Soup Kettle event serving chicken noodle soup on Williams Street
• Albert Lea Human Rights Commission and League of Minnesota Human Rights Commissions are sponsoring an essay contest for sixth, seventh and eighth grade students.
  

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

• Ward 2 – Corner of 1st Avenue and Clark Street – concern of safety at that intersection and request for a traffic study.  Staff did review the traffic policy which addresses where stop signs should be placed.  This location does not qualify at this time for a stop sign.  However, a large tree was removed due to site restriction.
• Ward 6 – Concern about garbage in a driveway; after checking, everything has been cleaned up.
• Lights have been replaced in New Denmark Park.
• Street Department will continue to patch the potholes on Myers Road until it can be reconstructed.

7.         PUBLIC FORUM

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

• City Charter – Presented information on the railroad tracks behind the packing house, that amounted to $81,000.00 and the city traded the iron for an old disk.  Mayor Erdman requested that Mr. Bok leave the podium as he was not discussing the City Charter.  Mayor Erdman provided an undated copy of the City Charter for Mr. Bok, and asked him to identify what section of the Charter he was referring to.

Mr. Eric Raven, 821 Minnesota Avenue, stated the following:

• Blatant disregard of trees during construction;
• Concerned about the “root zone” compaction on Katherine Island;
• No shade provided at the swimming pool;
• Encouraged the Council to involve the Tree Board prior to platting.

Mr. Scott Schmeltzer, 2103 Grand Avenue, inquired:

• Why would the city council not take staff advice on the parking request by the Albert Lea Tribune?  Would the Council tell why they voted no.

Ms. Susanne Crane, 224 South Broadway, stated the following:

• Encouraged everyone to attend the Art Stroll and thanked the City Council for their support.

8.         ADJOURNMENT – 8:00 p.m.

Councilor Marin moved to adjourn the meeting, seconded by Councilor Olson. There being no further business, the council meeting be adjourned at 8:00 p.m. until the next regular meeting of the Albert Lea City Council on Monday, November 26, 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 November 14, 2007

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

2007 Archived minutes
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