Pastor George Marin, Grace Christian Church, offered a prayer.

The December 10, 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.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF NOVEMBER 26, 2007.

*b.       RESOLUTION 07-214 – APPROVING CLAIMS:  Resolution 07-214 represents the financial claims of the City.

(See Secretary's Original Resolution 07-214 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       REQUEST FROM BIG ISLAND RENDEZVOUS AND FESTIVAL, INC. TO CHANGE RAFFLE DATE.

MOTION:  Move to adopt the consent agenda as presented.

Councilor Baker 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 FROM POWER 96 TO HOLD A FUNDRAISER FOR THE SALVATION ARMY

City Manager Simonsen explained that Anna Rahn, General Manager, Power 96, is requesting to allow a temporary shed to be placed in front of their business on the sidewalk on Tuesday, December 11th through Saturday, December 15th, 2007.  The request is part of a fundraising event to support the Salvation Army food shelf.  The shed would still allow at least 4-1/2 feet for pedestrian traffic.  The Engineering Department has reviewed the request and can support it as presented.

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:  Councilor 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 07-215 – APPROVING 2008 AGREEMENT WITH BIG ISLAND RENDEZVOUS & FESTIVAL, INC.

City Manager Simonsen explained that the this resolution would allow the Mayor and City Manager to enter into an agreement with representatives of the Big Island Rendezvous and Festival, Inc. to conduct a historical festival at Bancroft Bay from September 19 to October 10, 2008.  The agreement outlines the requirements to host concessions at this location during this event.  The concessionaire shall obtain general liability insurance including muzzle loaders insurance.  No alcoholic beverages will be sold or permitted in the park during the event.  City staff has reviewed the agreement and can support this event as it has for many years.

Resolution 07-215 was introduced by Councilor Rasmussen, 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. Councilor Olson abstained. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution07-215 included with these minutes)

b.         RESOLUTION 07-216 – APPROVING ADMINISTRATIVE SURVEY OF LOTS OF RECORD

City Manager Simonsen stated that this resolution would approve an Administrative Survey of Lots of Record as prepared by Jones, Haugh & Smith, Inc. on November 29, 2007 for Lots 2, 3, & 4, Block 2, Dawn Acres Subdivision.  The survey is located within the R-1 Single Family Residential District and is consistent with the requirements of the zoning ordinance for such lots.

Resolution 07-216 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-216 included with these minutes)

c.         RESOLUTION 07-217 – AUTHORIZING RE-NAMING AND FINAL PLAT OF HARMON’S FIRST ADDITION

City Manager Simonsen noted that this resolution would authorize the re-naming of Walgreen’s First Addition to Harmon’s First Addition and accept the final plat of this addition as submitted.  The Planning Commission reviewed the preliminary plat on April 27, 2006 with the City Council approving it by resolution on May 8, 2006 with the vacating of public ways and approving surveyor’s description on May 29, 2007.  City staff has reviewed the final plat as submitted and dated November 9, 2007 and support the re-naming and acceptance of the final plat of Harmon’s First Addition.

Resolution 07-217 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 07-217 included with these minutes)

d.         RESOLUTION 07-218 – ESTABLISHING THE TAX LEVY FOR 2008

City Manager Simonsen stated that this resolution would authorize the tax levy for 2008. Truth-In-Taxation law requires the city to hold public hearings in order to present the proposed tax levy and city budget for the following year and to provide an opportunity for the public to comment and make recommendations.  The city held a public hearing on Monday, December 3, 2007, to present the proposed property tax levy and budget for 2008.  Public comment was received at the meeting.  The information was also televised on the government access channel.

This resolution would authorize the tax levy for 2008.  The general fund tax levy is $4,250,000, PIR Bonds Debt Service $145,700 and the Capital Improvement Bond Debt Service is $80,000.  This is a $350,000 increase in the general fund tax levy from 2007.

The City Council and public have been provided information regarding the levy increase and the items that contribute to it.  The city’s overall tax capacity has increased by approximately $600,000 in 2007.  The 2008 tax rate is 43.221%, up from 41,112% in 2007.

In 2008, 27% of a homeowner’s tax dollars will go toward city services.  The remaining dollars are spread between the County – 36%, School District – 36%, and the Watershed District – 1%.  More detailed information was provided to the City Council and the public as information in explanation of the city’s tax levy.

Resolution 07-218 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, Marin, Olson, Severtson, and Mayor Erdman. Councilor Brooks voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-218 included with these minutes)

e.         RESOLUTION 07-219 – ACCEPTING THE ANNUAL BUDGET FOR 2008

City Manager Simonsen explained that the proposed budget has been presented and reviewed by the City Council on several different occasions over the past several months.  The 2008 general fund budget shows a decrease of .2% from 2007.  The most significant changes to spending include a 10% health insurance increase, a 2% wage increase and state mandated PERA increase.  To offset those expenses, more expense related to the comprehensive plan and airport projects were able to be completed in 2007.

The general fund appropriation totals $14,348,970 with 37% of the budget being funded by local government aid and 30% funded through local property taxes.  The remainder of revenue for the general fund will be collected through licenses and permits, charges for services and other miscellaneous income.

The water fund is budgeted to expend $1,698,138 and the sewage disposal fund should expend $3,994,568.  Solid waste management, parking district, and capital improvement debt service total $466,795.  Details of each of these funds, the appropriation expense and the means of financing are available in detail within the resolution.
 
Resolution 07-219 was introduced by Councilor Rasmussen, seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman.  Councilor Brooks voted nay.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-219 included with these minutes)

f.          RESOLUTION 07-220 – APPROPRIATING FUNDS FOR FISCAL YEAR 2008

City Manager Simonsen stated that this resolution would authorize the appropriation of funds as outlined in the resolution for the 2008 fiscal year.  This action is required in order for the budget to be in effect on January 1, 2008 and for the City to begin its monetary transactions for the New Year.

Resolution 07-220 was introduced by Councilor Severtson, 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 07-220 included with these minutes)

g.         RESOLUTION 07-221 – SETTING GROSS RECEIPTS TAX 2008

City Manager Simonsen explained that this resolution sets the gross receipts tax for 2008.  This is an annual requirement in order to be able to collect the tax on natural gas sales and electricity sales as well as cable franchise services.  City staff is recommending the reduction of the gross receipts tax from a 5% tax rate to 4.5% for the year 2008.  The city’s 2008 operating budget includes this reduced projection.  This resolution would set the municipal gross receipts tax for 2008 at 4.5% for Alliant Interstate Power, Freeborn Mower Cooperative Services and Charter Communications.  This reduction translates into a $160,000 decrease in revenue to the general fund but will be a cost saving measure to the Albert Lea users of these services.

Resolution 07-221 was introduced by Councilor Rasmussen, 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 07-221 included with these minutes)

h.         RESOLUTION 07-222 – AUTHORIZING LEC OPERATING AGREEMENT

City Manager Simonsen stated that in an effort to continue the relationship established between the Freeborn County Sheriff’s Office and Albert Lea Police Department, the two parties wish to enter into an operating agreement for use of equipment and personnel at the Law Enforcement Center.  The agreement outlines that Freeborn County will pay for all equipment used in the 911 Communications/Dispatch Center and the employees of the Dispatch Center will report to the Albert Lea Police Department.  The Freeborn County Law Enforcement Records Department shall remain County employees with one-third of the salaries of each department employee being paid by the City of Albert Lea and one-quarter of the salary for the computer technician to be paid by the City of Albert Lea.  The agreement outlines that one-third of the total cost incurred for office supplies related to LEC functions and one-half of all the costs for replacement of office equipment shall be incurred by the Albert Lea Police Department.

The City agrees to reimburse the County 7% of the actual operating expenses for the Freeborn County Government Center building including heating, cooling, utilities, insurance, janitorial services, etc.  This agreement would be in place for the duration of the lease agreement between the City and the County.  An LEC Advisory Committee will be appointed to resolve any disputes or issues involving shared employee costs, expenses incurred, need for additional personnel, etc.  City staff has reviewed the contract in detail and can support the document as presented.

Resolution 07-222 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 07-222 included with these minutes)

i.          RESOLUTION 07-223 – ADOPTING BROADWAY RIDGE RENEWAL PROGRAM AND FUND

City Manager Simonsen explained that this resolution would adopt and authorize the implementation of the Broadway Ridge Renewal Program and Fund.  The fund would be formed to initiate a revolving loan fund to support the goals and objectives of the Heritage Preservation Commission for the preservation of eligible buildings within the City’s National Commercial Historic District.  Many of the buildings within the district are in need of repair and/or restoration.  Building owners are in need of low interest, short term loans to assist in façade and exterior improvements in order to leverage bank loans.

This resolution would authorize the Broadway Ridge Renewal Fund to be established and administered in accordance with the program policy, program guidelines and revolving loan fund application that would be adopted by this resolution.  The funds for this program were allocated by the City Council as follows: 2006 - $25,000; 2007 - $35,000; 2008 - $35,000.  A contribution from Freeborn County was made to the fund in the amount of $15,000 in 2007.  The beginning balance in this account will be $110,000.  Details of the program are available in the Community Development Department or on-line.  Funds would become available after January 1st, 2008.

Resolution 07-223 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 07-223 included with these minutes)

j.          RESOLUTION 07-224 – ADOPTING JOINT LAW ENFORCEMENT MUTUAL AID AGREEMENT

City Manager Simonsen explained that this resolution would authorize the Albert Lea Police Department to enter into a Law Enforcement Mutual Aid Agreement with the Bloomington Police Department for the use of equipment, personnel and other resources available to neighboring law enforcement agencies.  Historically, the City of Albert Lea has utilized the Bloomington Police Department when the need for a bomb squad has been necessitated.  The mutual aid agreement outlines the general provisions, insurance, liability and other legal aspects of a mutual aid agreement.

Resolution 07-224 was introduced by Councilor Marin, 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 07-224 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates
Mayor Erdman:

• Request that city staff draft policy guidelines for special parking or parking zones to simplify some of the requests that the Council have received.
• Request that the public shovel the sidewalks in front on their property or make arrangements to have the sidewalks cleared of snow and ice.
• Human Rights Commission is working with District 241 Albert Lea Schools for an essay contest.  The winner will be revealed sometime in January.
• Wished Councilor John Severtson a belated birthday which was on December 9th.

First Ward, Councilor Rasmussen:

• Seconded the idea of the clearing of sidewalks.  Clarified that the City Garage should be contacted if a sidewalk is not cleared.
• Library Committee Meeting – talked about the new library and that all is running well; overwhelming response from the public.  Talked about getting new board members.
• Discussed the Library Foundation and how it is transforming into an endowment fund and how the monies will be used.
• Did not attend the Port Authority meeting this past week due to the Blandin Institute meeting held in Rochester.

Second Ward, Councilor Baker:

• Planning Commission update – discussed the proposed flood plain ordinance amendment.
• Corner of Clark and Ermina - Complaints from residents about the clearing of sidewalks and then the city snowplows come by and bury them again.  The sidewalks are so close to the road.  Maybe the snow could be plowed to the middle of the street and then removed.
• No ward items.

Third Ward, Councilor Marin:

• No committee or ward items.

Fourth Ward, Councilor Olson:

• No committee updates.
• Concerns about parked cars during snow plowing.

Fifth Ward, Councilor Severtson:

• Airport Advisory Board updates – researching ways to build a new terminal.
• Reminder of the need to move of vehicles, so plows can get through.  City crews should plow the dead end streets.

Sixth Ward, Councilor Brooks:

• Port Authority updates – Introduced and passed a resolution authorizing the sale of SunRoom Concepts building; update from Mr. Dan Dorman on the South Industrial Park and welcomed Mike Moore to the board replacing Mike Larson.
• Ward Item – West 9th Street, is this street maintained by the city or the county?  City Engineer stated that west of Hwy 69 it is maintained by city and east of Hwy 69 it is maintained by the township.

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

• Concerns regarding the issuance of an off-sale premises liquor license and the ability certain establishments to serve liquor on Sundays. City Attorney Steve Schwab addressed these concerns through the Minnesota Statute.
• Concerns about minutes not being taken at workshop meetings of the council? Again, City Attorney Steve Schwab addressed these concerns through the Charter and the Rules and Procedures adopted by the City Council at the beginning of each year.
• Katherine Island Bridge is scheduled to be installed on Thursday, December 14, 2007 and the city will be hosting a ribbon cutting ceremony the following week.  A tentative date for the ribbon cutting is Friday, December 21, 2007 at 4:00 p.m.
• 309 Court Street is scheduled to be demolished the week of December 17th, 2007

• 7.         PUBLIC FORUM

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

• Per the City Charter, minutes must be taken and stated that the council is making decisions on the budget at workshops, which is against the law.
• Inquired as to why the city purchases Culligan water, when the city has the best drinking water?
• Concerns about Front Street.
• Concerns about the sidewalks and overnight parking in the city hall parking lots.

Mr. Jim Diamond, 521 Alice, declined to speak at this time.
Mr. Harold Kamrath, 326 Glen Road, stated the following:

• Attended the Truth-In-Taxation public hearing and inquired about taxes and why the city did not cut any items out of the proposed 2008 budget?
• Inquired if the public hearing video was posted on public TV?
• Inquired as to why the city, county and school district do not work together to lower the taxes?
• Stated that his taxes were increased by 12.6%.

Ms. Ellen Kehr, 1712 Plainview Lane, stated the following:

• Several years ago, she was the facilitator for the Albert Lea Listens Program and that provided the opportunity to listen to what several hundred Albert Lea citizens had to say about this community.  One of the items that the residents wanted was an expansion of the public library.  She sincerely thanked the City Council for supporting the reconstruction of the new library, for the computer lab, children’s library and many more amenities.  Thanked the City Council for the matching funds and grants to make this happen.
• Wished everyone a safe and happy holiday season.

8.         ADJOURNMENT – 7:50 p.m.

Councilor Olson moved to adjourn the meeting, seconded by Councilor Marin.  There being no further business, the council meeting be adjourned at 7:50 p.m. until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Thursday, December 20, 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 December 11, 2007.

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

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