December 26, 2006

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.

1.   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, City Engineer 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.

2.   CONSENT AGENDA

(a)   APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 11, 2006.

(b) RESOLUTION 06-310 – APPROVING CLAIMS:  Resolution 06-310 represents the financial claims of the City.

(See Secretary's Original Resolution

06-310 included with these minutes.)

(c)  APPROVAL OF LICENSES AND PERMITS:

      ANNUAL LICENSES:

3.2 Malt Liquor On-Sale – 3.2 Malt Liquor Off-Sale

Greg Henderson, 307 Giles Place, Albert Lea, MN d/b/a The Elbow Room, Inc., 310 8^th Street, Albert Lea, MN

3.2 Malt Liquor On-Sale

Paul Buley, Hollandale, MN and Barry Wangsness, Northwood, IA d/b/a Pizza Ranch of Albert Lea, Inc., Albert Lea, MN

                  CIGARETTE

                  Love’s Travel Stops & Country Stores, Inc., d/b/a Love’s Travel Stop #337, 2751 E. Main Street, Albert Lea, MN

(d) RESOLUTION 06- 311- APPROVING LAWFUL GAMBLING APPLICATION – PHEASANTS FOREVER

(See Secretary's Original Resolution

06-311 included with these minutes.)

(e) CALLING A PUBLIC HEARING FOR INTRODUCTORY ORDINANCE FOR STORM WATER POLLUTION CONTROL FOR JANUARY 8^TH, 2007 AT 7:00 P.M.

Councilor Brooks moved that the consent agenda items be adopted as presented, and 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 resolutions passed and the consent agenda items adopted

3.   PETITIONS AND REQUESTS:

(a)  PETITION FOR VACATION OF PUBLIC WAYS – GREEN AVENUE

City Manager Victoria Simonsen stated that the City had received a petition for vacation of public ways from Mr. Dennis Breamer, 521 Green Avenue.  The petition requests that the alley running east and west from Green Avenue to the north/south alley of Albert Lea Street be vacated.  The petition is signed by Mr. Richard Jenson, Nancy Jenson and Dennis Beamer adjacent property owners.

In October of 2001 this issue was also addressed by the City Council and city staff.  The alley currently has an electrical line and pole located in it as well as a driveway that was allowed to be placed in the alley in 2001.  Because of both of these reasons city staff do not recommend vacation of the alley.  The City Council will need to determine if they want to pursue this vacation request and call a public hearing for January 22^nd, 2007 or deny the request for a vacation of public ways.  The applicants have not paid the $300 application fee for vacation of alleys or streets.

Mrs. Nancy Jenson, 519 Albert Lea Street, asked if the $300 would be refunded if the request was denied and the staff stated that it would not be as it was used for the publication of the hearing and any research time.  She also stated that a garage has been built on the property facing the wrong direction, and in order to have access to the garage, they have used and continue to use this property.  There is 16 feet in the platted alley way, 8 feet which would be returned to Mr. Breamer and 8 feet to the Jenson’s.  The confusion is that this alley runs east and west, another alley runs north and south.  The alley that runs east and west has been defiled with large loads of dirt, that have been brought in.  It is at a slanted angle, there is no way that Interstate or Alliant could successfully reverse this as an alley, nor could any member of the public.  The request would be to vacate half of this alley, Alliant or anybody that would need to serve that utility pole would only be able to come off of Green, then west to the pole.  They could not drive straight through the alley because their trucks would topple.

MOTION:  Move to set a public hearing to be held on January 22^nd, 2007 at 7:00 p.m. for the request of a vacation of an alley subject to the applicants paying the $300.00 fee.

Motion made by Councilor Fjelstad and 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.

4.   UNFINISHED BUSINESS:

(a)  PUBLIC HEARING AND ORDINANCE 109,3d- APPROVING THE CHANGE OF ZONING PD to IDD – CHADWICK MARKETPLACE

City Manager Simonsen explained that this public hearing was being held to receive input regarding a request for a change in zoning classification for the property located in Chadwick Marketplace Addition.  This property is east of Blake Avenue and south of East Main Street.  The request involves a change in zoning from PD (Planned Development) to IDD (Interstate Development District).  The Planning Commission held a public hearing on November 9, 2006 and made a recommendation to proceed with the change of zoning.  The recommendation also included that the sign provisions that currently existing in the Planned Development District also be included in this development district.  City staff supports the request for a change in zoning classification.

Mayor Summers opened the public hearing and called three times for public input.  With none, he closed the public hearing.

Ordinance 109, 3d Approving the Change of Zoning for Chadwick Marketplace was introduced by Councilor Brooks and seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said Ordinance: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the Ordinance adopted.

(b) RESOLUTION 06-312 - AUTHORIZING PRELIMINARY & FINAL PLAT – CHADWICK MARKETPLACE 2ND ADDITION

City Manager Victoria Simonsen explained that this resolution would authorize Chadwick Marketplace 1st Addition to be re-subdivided into Chadwick Marketplace 2nd Addition allowing for a lot and block legal description.  As part of the final plat, a utility easement is being moved and part of a previous easement will be vacated.  No dedications are required in the plat and all fees for water and sewer system were paid in the 1^st Addition plat.  Street assessments are either paid or in process of being paid and the entire wetlands have been deeded to the City as park land.  The proposed use is an ALDI’s grocery store.  The Planning Commission reviewed and approved the preliminary and final plat at their meeting on December 14, 2006.

(See Secretary's Original Resolution

06-312 included with these minutes.)

Resolution 06-312 was introduced by Councilor Severtson and seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(c)  PUBLIC HEARING AND RESOLUTION 06-313 - VACATING ALLEY BETWEEN KATHARINE AND SHELLROCK STREET

City Manager Victoria Simonsen explained that on November 16, 2006 the City received a petition for vacation of public ways from Gray Canyon Companies, Inc., Elko, Minnesota.  As the owner of the property adjacent to the alley running between Katharine Street and Shellrock Street, they are petitioning for vacation of the alley for the construction of a Walgreen’s store.  A public hearing is being held to receive input on this request.  City staff supports the request for a vacation of the alley to allow for the development to occur.

Mayor Summers opened the public hearing and called three times for public input.  With none being heard, the public hearing was closed.

(See Secretary's Original Resolution

06-313 included with these minutes.)

Resolution 06-313 was introduced by Councilor Erdman and seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(d) PUBLIC HEARING AND RESOLUTION 06-314- GRANTING PARTIAL RELEASE OF EASEMENT

City Manager Simonsen explained that the City received a partial release of easement request from Three Rivers Community Action, Inc. for a sewer easement on the north side of the current Channelview Apartments.  The sewer easement was recorded in 1929 and is not currently in use.  This public hearing is being held to receive public input regarding the release of this easement.  The Engineering Department does not anticipate a need for this easement in the future and can support the request for release of easement.

Mayor Summers opened the public hearing and called three times for public input.  With none he closed the public hearing.

(See Secretary's Original Resolution

06-314 included with these minutes.)

Resolution 06-314 was introduced by Councilor Brooks and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(e) PUBLIC HEARING AND RESOLUTION 06-315 - ALLOCATION OF POLICE & FIRE PENSION INTEREST EARNINGS

City Manager Simonsen explain that the law requires Police & Fire Pension Funds turned back to the City to be used for police and fire purposes.  The City of Albert Lea earned interest income of approximately $500,000 in 2006 on the Police & Fire Pension Funds.  A public hearing is being held for the allocation of the interest earnings to the City’s general fund to pay expenses of the Police & Fire Departments.  Additional monies available to the general fund would be allocated toward the sprinkler system and asbestos removal for the City Center, a payment installment for the Government Center, and take home squad cars for Police Lieutenants.

Mayor Summers opened the public hearing.

Mr. Harold Kamrath, 326 Glen Road, inquired as to why the city has to pay for space in the courthouse since this facility is publicly owned.  Inquired about the cost of the fire truck, what is owed and can any of these dollars be applied to this truck?  Inquired as to why police officers would be taking vehicles home and would this be good use of taxpayer’s dollars?

City Manager Victoria Simonsen explained why the Council leases space from the County.  Also explained the pension interest earnings and what the funds will be used for.  Mayor Summers stated that it is like owning a condo.

Mr. Roger Bok, 1012 Cato Drive, requested that the Council check into this agreement with the courthouse as the county’s reserve funds are down.  They did not complete the building as they should have.  When I went into the service, I was from Freeborn County.  Also, inquired as to why Police Lieutenants would be taking vehicles homes as the Charter says “no favors”.

Mr. Manuel Cantu, 113 McArthur Drive, asked as to how many lieutenants we have outside the city limits and the answer was two.  He questioned whether this was a better response time for the guys in the city to have the vehicles rather than the two that live outside city limits.  City Manger Victoria Simonsen stated that the City Council does not want our marked vehicles outside of the city limits.

The public hearing was closed.

(See Secretary's Original Resolution

06-315 included with these minutes.)

Resolution 06-315 was introduced by Councilor Marin and seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(f)  PUBLIC HEARING AND RESOLUTION 06-316 - CAPITAL IMPROVEMENT PLAN

City Manager Victoria Simonsen explained that this public hearing was being held to receive input regarding the City’s Proposed 2007-2011 Capital Improvement Plan.  The plan is used as a tool to identify, prioritize and address community needs through long range planning.  The document outlines each department’s infrastructure needs as well as potential funding streams for each project.  The projects submitted total nearly $35,000,000 in infrastructure needs through 2011.

Mayor Summers opened the public hearing.

Mr. Harold Kamrath, 326 Glen Road, inquired as to how much money is planned to be spent in 2007.  He stated that he certainly did not want $220,000.00 spend on the replacement of the bridge to Katherine Island.

Mayor Summer closed the public hearing.

(See Secretary's Original Resolution

06-316 included with these minutes.)

Resolution 06-316 was introduced by Councilor Rasmussen and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

5.   NEW BUSINESS:

(a)  RESOLUTION 06-317 - AMENDING COMPREHENSIVE PLAN

City Manager Victoria Simonsen explained that on December 14, 2006 the Planning Commission held a public hearing regarding a proposed amendment to the Comprehensive Plan of the City of Albert Lea.  The amendment involved the southwest quadrant of the City, west of Hwy 13 and north of Pickerel Lake.  The Planning Commission found that the following elements of the Comprehensive Plan are no longer relevant to the development objectives of the community:

• A county park located along the northerly shore of Pickerel Lake, shown as park and open space on Figure 13 of the Comprehensive Plan, published December 1970, and a major collector street located along the northerly side of Pickerel Lake extending from Hwy 13 to Hwy 46 as shown on Figure 26 and Figure 13 of the same plan.

(See Secretary's Original Resolution

06-317 included with these minutes.)

Resolution 06-317 was introduced by Councilor Erdman and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(b) RESOLUTION 06-318 – AUTHORIZING PRELIMINARY & FINAL PLAT – MAIN PLAZA SUBDIVISION

City Manager Victoria Simonsen explained that this resolution would authorize the preliminary and final plat as submitted by Mr. Dennis Hall to subdivide an acreage parcel located in the B2 Community Business District, known as 410 E. Main Street.  This subdivision will allow two buildings on the site to be sold and mortgaged individually.  Initially, the car wash was built on the property and the additional space was leased to another business.  The lot width is 50 feet instead of 60 feet and a variance was previously granted to allow 50 feet.  The variance is permanent to the lot.  There is no fee for sewer and water systems, and a $300 payment is required in lieu of parkland dedication.  Staff can support the plat as presented since the lot width variance has been approved.

(See Secretary's Original Resolution

06-318 included with these minutes.)

Resolution 06-318 was introduced by Councilor Severtson and seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(c)  RESOLUTION 06-319 - AUTHORIZING PAYMENT AGREEMENT – TIGER HILLS (JOB 0510)

City Manager Victoria Simonsen explained that the developers of Tiger Hills Subdivision are requesting modifications to Sec. 4.4 of the Development Agreement for Phase I.  The agreement would authorize that assessments on each lot would be deferred until closing of a lot or recording of a contract for deed for a maximum of ten years whichever occurs first.  The developer would pay assessments for a minimum of four lots per year even if four lots are not sold or under contract.  Interest would accrue at a rate of 6% per annum to the date of payment for the lot.  Payment for a minimum of four lots would be secured with a letter of credit for the amount owed to the City each year.  Payment would be due by November 30^th of each year.

(See Secretary's Original Resolution

06-319 included with these minutes.)

Resolution 06-319 was introduced by Councilor Fjelstad and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(d) RESOLUTIONS 06-320 - APPROVING A CONTRACT FOR PURCHASE OF PROPERTY – MOOSE LODGE

City Manager Victoria Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a purchase agreement with the Moose Family Center 1703 for the purchase of property located at 328 Main Court.  This property is included in the Main Street Flood Mitigation project that the State and City have partnered on acquiring.  An appraisal was conducted by Robinson Appraisal & Associates in June of 2005.  At that time the three different approaches to appraising the property ranged between $285,000 and $383,000.  Through the assistance of the Department of Natural Resources and the Department of Employment & Economic Development the City is able to offer $335,000 to acquire the property.  Representatives of the Moose Lodge will sign a purchase agreement for the property and agree to vacate the property by March 31, 2007.  The structures will then be demolished as part of the Flood Mitigation Project for the East Main Street corridor.

(See Secretary's Original Resolution

06-320 included with these minutes.)

Resolution 06-320 was introduced by Councilor Erdman and seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(e) RESOLUTION 06-321 – ADOPTING 2007 FEE SCHEDULE

City Manager Victoria Simonsen explained that annually, the City Council adopts the fee structure for programs and services that are offered by the City of Albert Lea.  City staff are recommending adjustments be made in the following areas:

• The length of time to loan books on tape and music CD’s and cassettes at the Public Library from 21 days to 14 days;

• The removal of the massage parlor/sauna license;

• An increase in the cost of tire disposal at the City Transfer Station;

• An increase in the cost of rental at the Civic Theatre, Senior Center and City Arena.

The Park & Recreation Department will continue to publish the rates for recreation programs in a separate brochure.

Mr. Art Anderson inquired as to why the fees for the Senior Center were being raised and if this issue regarding the Senior Center moving to the Arena has been discussed.

After discussion by the council, the following resolution was offered:

(See Secretary's Original Resolution

06-321 included with these minutes.)

Resolution 06-321 was introduced by Councilor Brooks and seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(f)  RESOLUTION 06-322 - SETTING GROSS RECEIPTS TAX FOR 2007

City Manager Victoria Simonsen explained that this resolution sets the gross receipts tax for 2007.  This is an annual requirement in order to be able to collect the tax on natural gas sales, electricity sales and cable franchise services.  City staff is recommending the continuation of a 5% tax rate on natural gas, electricity and cable sales made within the City of Albert Lea for the year 2007.  The City’s 2007 operating budget includes the projection of a 5% tax rate on these services, which translates to 10% of the revenue for the general fund.  City staff would like to recommend that the City Council consider a reduction in the gross receipts tax for the following years until a 2.5% rate is established.  This resolution would authorize the gross receipts tax for the year 2007 only.

(See Secretary's Original Resolution

06-322 included with these minutes.)

Resolution 06-322 was introduced by Councilor Rasmussen and seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(g) RESOLUTION 06-323 -AUTHORIZING SEWER & WATER RATE INCREASE

City Manager Simonsen explained that the City Council and City staff held several budget retreat sessions this fall.  As part of the long range planning for the sewer and water funds, it was determined that an increase in both the sewer and water rates is necessary to keep the funds operating without a loss.  City staff is recommending a 4% increase in water rates and a 3% increase in sewer rates effective January 1, 2007 excluding industrial loading surcharges.  For the average homeowner, this translates into a $.51 increase per month in water rates and a $.77 increase in sewer rates.

(See Secretary's Original Resolution

06-323 included with these minutes.)

Resolution 06-323 was introduced by Councilor Brooks and seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(h) RESOLUTION 06-324 - ACCEPTING BIDS FOR ANNUAL CHEMICAL SUPPLIES

City Manager Simonsen explained that the City of Albert Lea conducted its annual bid for chemicals, fuel and bituminous materials for 2007-2008.  City staff has reviewed the bids and is recommending the low bids as follows:

• ITEM A:  Hydrofluosilicic Acid:

DPC Industries, Inc., Rosemount, MN                        $17.89/CWT

• ITEM B:  Liquid Chlorine:

DPC Industries, Inc., Rosemount, MN                        $39.60/CWT

• ITEM C:  Phosphate Inhibitor:

DPC Industries, Inc., Rosemount, MN                           $0.5335/lb.

• ITEM D:  Gasoline & Diesel Fuel

Freeborn County Co-Op Oil, Albert Lea, MN

                                                      Garage                                 WWTP

Unleaded Gas                               $1.991/Gallon                       $1.901/Gallon

Low Sulfur Diesel No. 2                                                             $2.071/Gallon

Low Sulfur Diesel D-Grade           $2.097/Gallon                       $2.197/Gallon

Low Sulfur Diesel Arctic               $2.221/Gallon                       $2.321/Gallon

• ITEM E:  Bituminous Materials:

Flint Hills Resources, Savage, MN

CRS-2                      40,000 Gallons                           $355.50/Ton

CRS-2P                   40,000 Gallons                           $285.60/Ton

Plus $17.80/Ton Delivery Charge

(See Secretary's Original Resolution

06-324 included with these minutes.)

Resolution 06-324 was introduced by Councilor Rasmussen and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(i)   RESOLUTION 06-325 - AWARDING BID FOR CONTROL REPLACEMENT – VIRGINIA PLACE LIFT STATION

City Manager Simonsen explained that this project involves the replacement of the starters, wiring and purchase of a new sump pump for the Virginia Place storm lift station.  Four bids were received on the project ranging between $19,645 and $24,300.  The City’s electrical consultant, Bruce Palmer, Engineering, had estimated the project at $40,000.  City staff is recommending accepting the low bid from Jensen Electric, Albert Lea, MN at $19,645.

(See Secretary's Original Resolution

06-325 included with these minutes.)

Resolution 06-325 was introduced by Councilor Marin and seconded by Councilor Erdman.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(j)   RESOLUTION 06-326 - AUTHORIZING LETTER OF SUPPORT – AIRPORT IMPROVEMENTS

City Manager Victoria Simonsen explained that the Airport Advisory Committee is requesting the opportunity to inform newly elected U.S. Representative Tim Walz and U.S. Senator Amy Klobuchar about the airport improvements scheduled for the City of Albert Lea.  The letter would request their assistance in moving the timeline for improvements back to the original schedule instead of being pushed back to 2011.  The representatives will be invited to visit our community to familiarize themselves with the project.

(See Secretary's Original Resolution

06-326 included with these minutes.)

Resolution 06-326 was introduced by Councilor Severtson and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(k)  RESOLUTION 06-327 - AUTHORIZING THE SEALING OF FRONT STREET WELL

City Manager Victoria Simonsen explained that quotes were recently submitted to perform the work that is necessary to seal and abandon the Front Street well.  The work involves extracting a pipe section in the bottom of the well, removing the sediment to the well’s original bottom, video investigating the well and sealing the well according to Minnesota Department of Health Standards.  Four quotes were received on the project ranging in price from $35,355 to $75,820.  It is the recommendation of staff that Peterson Well Drilling, Sleepy Eye, MN perform the work on the Front Street well according to the quote provided of $35,355.

(See Secretary's Original Resolution

06-327 included with these minutes.)

Resolution 06-327 was introduced by Councilor Severtson and seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(l)   RESOLUTION 06-328 - ACCEPTING BID FOR AIRPORT PROPERTY FARM LAND

City Manager Simonsen explained that sealed bids were accepted by the City for the rental of approximately 100 acres of farm land adjacent to the Municipal Airport.  Two bids were received for rental of the land.  Mr. Bill Wilke, Hollandale, MN, bid $92.00/acre and Mr. Luke Neilson, Albert Lea, MN, bid $105.01/acre.  Staff is recommending accepting the highest and best bid received from Mr. Luke Neilson to rent the property for the 2007-2008 growing season.

(See Secretary's Original Resolution

06-328 included with these minutes.)

Resolution 06-328 was introduced by Councilor Fjelstad and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(m)    RESOLUTION 06-329 - AUTHORIZING TRANSFER FROM TAX INCREMENT FUNDS

City Manager Victoria Simonsen explained that this resolution would authorize the transfer of funds from various tax increment funds as outlined within the resolution.  This action is necessary to balance each of the funds and repay any advance or interest due to the account.

(See Secretary's Original Resolution

06-329 included with these minutes.)

Resolution 06-329 was introduced by Councilor Marin and seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(n)    RESOLUTION 06- 330 - AUTHORIZING BUDGET TRANSFERS

City Manager Simonsen explained that this resolution would authorize budget adjustments to balance individual department budgets within the general fund.  City staff is recommending budget transfers be made as outlined within the resolution.

 (See Secretary's Original Resolution

06-330 included with these minutes.)

Resolution 06-330 was introduced by Councilor Brooks and seconded by Councilor Marin.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

(o)    RESOLUTION 06-331 – AUTHORIZING MnDOT CONTRACT – DCP AGREEMENT

City Manager Victoria Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement that allows the Minnesota Department of Transportation to accept federal funds on the City’s behalf for the construction of transportation projects.  MnDot would then distribute the funds as pay requests are made by the City.  The agreement is general in nature and can be used for any project receiving federal funds.  The City is planning to receive federal funds for the Margaretha Avenue Reconstruction Project scheduled for 2007.

(See Secretary's Original Resolution

06-331 included with these minutes.)

Resolution 06-331 was introduced by Councilor Brooks and seconded by Councilor Severtson.  On roll call vote, the following councilors voted in favor of said resolution: Rasmussen, Erdman, Marin, Fjelstad, Severtson, Brooks and Mayor Summers.  Mayor Summers declared the motion passed.

6.         MAYOR AND COUNCIL ITEMS:

(6a)      WARD ITEMS

First Ward, Councilor Rasmussen:

• Requested staff to check into doing something about the noise created by the geese.

• Thank you to Councilor Fjelstad and Mayor Summer.

• Welcomed the new councilors aboard.

• Wished everyone a Happy New Year.

Second Ward, Councilor Erdman:

• Thank you to Mayor Summers.

• Thank you to Councilor Fjelstad.

• Congratulations to Mr. Larry Baker and Mr. Reid Olson and knows that they will do a fine job.

• Thanked staff for the orientation that was given to the newly elected officials.

• He stated that he believes that our city is becoming something special.

Third Ward, Councilor Marin:

• 310 Broadway – Wood Grains buildings – to be sold – would like a public hearing to be held to discuss the forgiveness of special assessments and back taxes.

MOTION:  Move to set a public hearing to consider waiving the special assessments and back taxes on this property for the next meeting.

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

MOTION:  I will move to set a public hearing to consider the proposed noise ordinance at the next meeting.

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

• Thanked City Staff for all of their great work. 

• Thanked Victoria for coming to Albert Lea.

• Thanked the Mayor for this honesty and integrity and for serving this city well for the past years and for his previous term as Mayor.

• Thanked Councilor Fjelstad and said that he would miss working with him.

• Welcomed the new councilors.

• Wished everyone a Happy New Year.

Fourth Ward, Councilor Fjelstad:

• Requested that the new councilor use logic in all of their decision.

• Important to always follow up with your constituents.

• He believes that City is on the right track and try and keep it that way. Keep Council meetings under 4 hours.

• He will be watching with a lot of interest and may come back to haunt them in a couple of years.

• Said “Good-bye”.

Fifth Ward, Councilor Severtson:

·         Thanked Mayor Summer’s for serving both terms.

·         Acknowledged the good times he had serving with Councilor Fjelstad.

·         Welcomed Mr. Baker and Mr. Olson.

Sixth Ward, Councilor Brooks: 

• Questions regarding a lot size at East 8^th Street, lot 906 & 910.

• Thanked Mayor Summers and Councilor Fjelstad.

• Welcomed Mr. Baker and Mr. Olson.

Mayor Summers:

• Letter from the Tobacco–Free Youth Recreation thanking the City of Albert Lea for adopting a tobacco-free policy for the park property and stated that they would provide metal tobacco-free signs for our park facilities.

• Letter from the Bayside Skiers, thanking the local leaders that helped make a dream come true for the local ski team.  Thanked the engineering department, parks department, park board, city council, DNR, fire department, Alliance Pipeline, Hy-Vee, Don Sorenson and many others that helped in any way.

• Thanked the Council for appointing him as Mayor.  Thanked all of city staff for their help during the past two years.  Thanked the public who have been so faithful in showing their support over the past years of service.

• Thanked his granddaughter, Ashley, and Grandson Mark, and his entire family for all of their understanding and support.

(1)  RECOGNITION OF SESQUICENTENNIAL CO-CHAIRS

Mayor Summers presented plaques and recognized Kelly Schultz & Carol Wolter for all of their dedication, support and hard work at making the Sesquicentennial such a success.  Thanked them for all of their help.

Mr. Keith A. Fligge, 1011 Martin Road, gave recognition and praise  to Kelly Schultz and Carol Wolter for their hard work during this Sesquicentennial Year.

(2)  APPOINTMENT TO ALBERT LEA PORT AUTHORITY BOARD

MOTION:  Move to submit the name of Mr. Tim Thompson to the Albert Lea Port Authority Board.

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

(6b)     COMMITTEE UPDATES:

Councilor Brooks – Nothing.

Councilor Severtson – HRA – End of year items.

Councilor Fjelstad – Nothing.

Councilor Marin – CVB – changing the by-laws.  Recognized his nephew from San Diego, CA.

Councilor Erdman – Planning Commission – Meets on Thursday, December 28. Working on several items and  Wedgewood Cove Preliminary Plat.  Planning Commission will be changing the by-laws to change the meeting time to 5:30 p.m. on the second and fourth Tuesdays.

Councilor Rasmussen - Nothing.

(6c)   FOLLOW-UP TO PUBLIC CONCERNS

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

·         Dead end signs at Government Acres have been replaced.

·         Concerns regarding a house on the northeast corner of 8^th & Frank, - a building permit had been issued last year and the work has not been completed.  An inspector has gone out to this site, took pictures and did place a placard on the property.  A letter was sent to the owner for follow up.

·         Request regarding the number of accidents that have occurred between I-35 and Blake.  In the past four years, there have been no accidents along this stretch.  They have all occurred within the intersection of Blake Avenue and Main Street and they average four per year for the past four years.

7.      PUBLIC ITEMS:

Mr. Art Anderson, 2217 Margaretha,

·         Questions regarding the increase of fees for the Senior Center.

·         Senior citizens are upset over this increase.

Mr. Harold Kamrath, 326 Glenn Road,

·         Concerned about the Senior Center and thinks that we should re-negotiate that $55,000.00 rent.

·         Questions regarding the $52,500.00 in discretionary funds.  He would like to see a breakdown.

·         Public comments about the budget--should have it displayed so citizens could see it.

Mr. Manuel Cantu Jr., 113 McArthur Drive,

·         Congratulated and thanked Mr. Brooks for his past and present service to the city.

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RECOGNITION OF OUTGOING COUNCIL MEMBERS:

Mayor Aaron Summers

Randy Erdman, 2^nd Ward Councilmember

Jeff Fjelstad, 4^th Ward Councilmember

SWEARING IN CEREMONY OF NEW COUNCIL MEMBERS:

Mayor Randall Erdman

Larry Baker, 2^nd Ward Councilmember

Reid Olson, 4^th Ward Councilmember

Al “Minnow” Brooks, 6^th Ward Councilmember

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8.      ADJOURNMENT

Councilor Severtson moved and Councilor Fjelstad seconded, that there being no further business, the council meeting be adjourned at 8:40 p.m., until the next regular meeting of the Albert Lea City Council on Monday, January 8, 2007.  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 December 27, 2006.

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