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

The November 26, 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, 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.

Absent:  Councilor Reid Olson was absent due to a work commitment.

a.         The Pledge of Allegiance was recited.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF NOVEMBER 13, 2007.

*b.       RESOLUTION 07-205 – APPROVING CLAIMS:  Resolution 07-205 represents the financial claims of the City.

(See Secretary's Original Resolution 07-205 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 07-206 – APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING – ALBERT LEA AMATEUR HOCKEY ASSOCIATION

(See Secretary's Original Resolution 07-206 included with these minutes.)

Mr. Roger Bok, 1012 Cato Drive, raised questions regarding the off-premises license and that the Aragon should not serve on Sunday and/or New Year’s Eve.

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, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST FROM EAGLES CLUB – FUND RAISING PROJECT

City Manager Simonsen explained the Eagles Cancer Committee is requesting approval for special use of the alley and to use four to six parking stalls near the Eagles site entrance for their Annual Cans for Cancer Fundraising Project.  The request involves the closure of St. Mary’s Street between Main and Williams Street and use of electricity from the warming house at Morin Park.  The event is scheduled for Saturday, January 12, 2008 from 8:00 a.m. to 4:00 p.m.  The Club is also asking Mayor Erdman to rename the alley to Eagle Lane for the day of the event.  This is the ninth year of this fundraising project with no problems noted.

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, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

4.         UNFINISHED BUSINESS  (NO ITEMS)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 07-207 – ADOPTING MISCELLANEOUS ASSESSMENT, ROLL 0063

City Manager Simonsen stated that a public hearing is being held to receive input regarding Miscellaneous Assessments Roll 0063.  This roll includes obligations for unpaid utility bills, refuse removal, mowing and other miscellaneous assessments for which payment has not been received.  The assessments shall be payable in a single installment and shall bear interest at the rate of 6% per annum from this date unless paid in its entirety within 30 days.

Mayor Erdman opened the public hearing on Miscellaneous Assessment Roll 0063 and called three times.  Mayor Erdman closed the public hearing for this assessment.

Resolution 07-207 was introduced by Councilor Severtson, 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. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-207 included with these minutes)

b.         RESOLUTION 07-208 – AUTHORIZING AMENDMENT TO PARKVIEW HILLS DEVELOPMENT AGREEMENT – MUSKIE REALTY/MIDWEST, LLC

City Manager Simonsen explained that the City received a request from Mr. Tom Wobbrock, Managing Partner of Muskie Realty/Midwest, LLC, for an amendment to Article 2.6 of the Development Agreement for Parkview Hills Subdivision.  The request is to reduce the amount of money retained by the City for the subdivision from $25,000 to $8,750.  This amount would be retained to ensure the final lift of bituminous is installed in 2008.  All other site work has been completed.  City staff can support the amendment with the stipulation that prior to the release of the funds the parkland dedication fee of $1,852 shall be paid to the City.

Resolution 07-208 was introduced by Councilor Baker, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-208 included with these minutes)

c.         RESOLUTION 07-209 – AUTHORIZING FUND TRANSFER

City Manager Simonsen commented that this resolution would authorize the transfer of $70,000 from unreserved fund balance of the general fund to the building maintenance fund to be used to replace the truck shop rubber roof at the city garage site.  This project was originally budgeted to occur in 2008.  However, the Street Superintendent volunteered to try to complete the project with funds within his department in 2007.  Unfortunately, the timing of getting sealed bids and completing the project prior to winter was not able to be completed.  We are requesting the transfer of $70,000 to the building maintenance fund to complete the project in 2008.  Excess funds in the street department budget for 2007 will be returned to the unreserved fund balance of the general fund at the end of the year.

Resolution 07-209 was introduced by Councilor Brooks, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-209 included with these minutes)

d.         RESOLUTION 07-210 – APPROVING SNOW REMOVAL AND ICE CONTROL POLICIES AND PROCEDURES FOR THE CITY OF ALBERT LEA

City Manager Simonsen explained that this resolution would approve the Snow Removal and Ice Control Policies and Procedures as submitted for Council review.  The purpose of the policy is for the City to assume basic responsibility for snow and ice control on city streets as necessary for routine travel and emergency service. The policy outlines the personnel, equipment and procedures necessary for snow and ice removal in a safe and cost effective manner.  It identifies the snow plowing priorities within the community, the use of sand and salt, parking restrictions, snow plowing of alleys, property damage and individual owner responsibility.

Resolution 07-210 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.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-210 included with these minutes)

e.         RESOLUTION 07-211- AUTHORIZING TERMINATION OF COLLECTION OF TAX INCREMENTS FROM TIF DISTRICT 3-1 (SKYLINE MALL)

City Manager Simonsen explained that on July 9, 1985 the City Council created Tax Increment Financing District 3-1.  The district was formed for the purpose of J. C. Penney locating in the Skyline Mall.  The City issued bonds to pay for the improvements.  The bonds have been paid in full.  All obligations of this district have been met and it is appropriate to decertify the district.  This resolution would decertify the district and declare that taxes shall be payable in 2008 and distributed in the same manner as all other property taxes.

Resolution 07-211 was introduced by Councilor Marin, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-211 included with these minutes)

f.          RESOLUTION 07-212 – AUTHORIZING TERMINATION OF COLLECTION OF TAX INCREMENTS FROM TIF DISTRICT 5-1 (LEA FIRST SUBDIVISION)

City Manager Simonsen stated that on October 10, 1988 the City Council created Tax Increment Financing District 5-1.  The district was formed as a housing district including North Bridge Apartments.  The general fund advanced funds for property acquisition.  The district has repaid its obligation to the general fund and it is now appropriate to decertify this district.  This resolution would cause decertification of Tax Increment Financing District 5-1 effective for taxes payable in 2008 to be distributed in the same manner as all other property taxes.

Resolution 07-212 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, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-212 included with these minutes)

g.         RESOLUTION 07-213 – APPROVING AUTHORIZATION TO RAZE HAZARDOUS BUILDING – 212 EAST CLARK STREET

City Manager Simonsen explained that Mr. Kim Dang, owner of property located at 212 East Clark Street, has authorized the City of Albert Lea to remove the building located at this site due to it being a public health and safety hazard.  The authorization states that the owner does not have the funds to remove the building and authorizes the City to remove the building and the foundation and to fill the excavation to grade.  The authorization allows the City to levy and collect the expense of razing, removing and filling the site as a special charge against the real estate on which the building is situated.

Resolution 07-213 was introduced by Councilor Severtson, seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-213 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates
Mayor Erdman:

• The city is still looking for people to serve on different commissions.  Application forms are available at city hall or on-line.
• Thanked Mr. Tim Thompson for his service to the community and wish him well.
• Thanked everyone in the community that made the downtown events over the week-end a huge success.
• Holiday Art Stroll was quite a success; thirty artists were in town.

First Ward, Councilor Rasmussen:

• Katherine Island Bridge update – inquired as to when the bridge will be installed and if this date could be promoted for a public event.
• Encouraged staff to start looking at ways that we could become a “Green Community”.
• Wished all of the Albert Lea “Tigers” good luck in their winter sports.

Second Ward, Councilor Baker:

• No committee or ward updates.

Third Ward, Councilor Marin

• Excellent CVB Meeting on Friday.
• What can the city do about the over population of geese on Fountain Lake?
• Questions regarding Sunset.
• Letter regarding former Mayor’s pictures and where they be displayed.

Fourth Ward, Councilor Olson:  Absent for this meeting.
Fifth Ward, Councilor Severtson:

• Questioned as to when 309 Court will be taken down?

Sixth Ward, Councilor Brooks:

• Margaretha is now open.
• Requested a meeting with city staff and the new resident on East 9th Street.

b.         City Manager’s Response to Public Items
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

• Eagles Rest Area: gravel was cleaned up near the entrance, owner was notified of the silt fencing, questions regarding legal issues for the City of Albert Lea if this property defaults.  There was no public money given for this project and so there is no legal issues for the city at this time.
• Reported on the request for “No Parking” signs on East 9th Street.
• Reported the hours of the landfill during the winter mont

7.         PUBLIC FORUM

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

• City Charter – Inquired as to where the minutes of the workshop are?
• Requested financial records for East Main Street Lighting. (Mayor Erdman stated that a copy of this information was given to Mr. Bok)

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

• Inquired as to why the city paid $330,000. for a piece of property that was only assessed at a value of $114,100. (Moose Club)?  City Manager explained that this was purchased with state bonding fees.

Mr. Tom Sorenson, 1913 Keystone Drive, stated the following:

• Thanked the City of Albert Lea for waiving the fees for the Ryan Truesdell Softball Tournament and stated that he was representing Ron and Chad Sorenson.  They are hoping to make this an annual event

8.         ADJOURNMENT – 7:43 p.m.

Councilor Brooks moved to adjourn the meeting, seconded by Councilor Severtson. There being no further business, the council meeting be adjourned at 7:40 p.m. until the next regular meeting of the Albert Lea City Council on Monday, December 10, 2007.  On roll call vote, all councilors voted in favor of said motion.  Mayor Erdman declared the motion passed and the meeting adjourned.

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

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