Pastor Kip Jentoft, Our Father’s House, offered a prayer.

The Monday, February 11, 2008 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.         The Pledge of Allegiance was recited.

Mayor Erdman read a statement issued by the National League of Cities on the tragic killings that took place in the City of Kirkwood, Kirkwood, MO and declared a moment of silence.

*2.        CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JANUARY 28, 2008.

*b.       RESOLUTION 08-24 – APPROVING CLAIMS:  Resolution 08-24 represents the financial claims of the City.

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

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-29 - ADOPTED  – ACCEPTING ADMISSION AND PROPOSED ORDER – PLAZA MORENA RESTAURANT

*e.        RESOLUTION 08-30 - ADOPTED  – ACCEPTING ADMISSION AND PROPOSED ORDER – WOK “N” ROLL

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. PRESENTATION BY REPRESENTATIVE ROBIN BROWN

Representative Brown thanked the Mayor and Councilors for inviting her to this meeting.  She gave a brief update on the proposed 2008 bonding bill and the upcoming Legislative Session.  She did report on other bonding projects in our area; one being the Blazing Star Landing and Riverland Community College.  Mayor Erdman thanked her for coming.

b.         RESOLUTION 08-31 - ADOPTED - AUTHORIZING EXTENSION OF ASSESSMENT TERMS – 1610 JOHNSON STREET

City Manager Simonsen explained that on October 23, 2006 the City Council approved Resolution 06-258 adopting assessments for assessment Roll 0601.  The resolution included an assessment for neighborhood improvements in the amount of $6,705.34 for property located at 1610 Johnson Street, owned by Lisa Disher.  The assessment was certified to the Freeborn County Auditor in November 2006 for collection to begin with the 2007 taxes.  The original assessment was spread over a ten-year period at 5.25% interest.  The property owner has requested that the assessment be spread over a fifteen-year period at 5.25% due to a financial hardship it would cause to be paid in only ten years.

This resolution would allow the assessment for this property to be spread over the remaining fourteen-year period at 5.25% interest with a current balance of $5,364.28.

Resolution 08-31 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 08-31 included with these minutes)

c.         REQUEST FROM GRACE CHRISTIAN CHURCH TO USE NORTH BROADWAY PARKING LOT – JULY 27, 2008 FOR AN OUTDOOR CONCERT

City Manager Simonsen explained that Pastor George Marin, Grace Christian Church, is requesting the use of the North Broadway parking lot on Sunday, July 27, 2008 for their annual outdoor concert event.  This event has been held for four consecutive years at this location with no problems noted.  This request includes use of the parking lot for the entire day and evening for setup and takes down before and after the concert.

MOTION:  Move to approve this request.

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

4.         UNFINISHED BUSINESS

a.         ORDINANCE 114, 3D - ENACTED - AMENDING CHAPTER 74 OF THE CITY CODE FLOOD PLAIN ZONE AND AUTHORIZE PUBLICATION OF SUMMARY OF ORDINANCE 114, 3D

City Manager Simonsen explained that City staff has been working with the Department of Natural Resources on amendments to the flood plain ordinance since August of 2005.  The proposed ordinance amendments eliminate the building or filling in of flood plain areas.  The only use of a flood plain section will be for open space, gardens, golf courses and similar unpaved areas.  Buildings constructed on fill above the flood plain will no longer be permitted.  The Planning Commission reviewed the proposed amendments to the flood plain section of the zoning ordinance and recommends the changes to the City Council.  At the February 11, 2008 City Council meeting a public hearing was held to receive input regarding the amendments.  In addition to adopting the amendments to the ordinance, this motion would also authorize publication of a summary of the ordinance due to its length.

Ordinance 114, 3d was introduced by Councilor Baker, 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 Ordinance 114, 3d included with these minutes)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-32 - ADOPTED – AUTHORIZING A STREET NAME CHANGE FROM BETH LANE TO BETHA LARSON LANE

City Manager Simonsen explained that a public hearing is being held to receive input regarding a petition that was received from Larson Manufacturing Company requesting a street name change from Beth Lane to Betha Larson Lane.  The petitioners have agreed to pay for the cost of changing the signage and the original developer has agreed to the name change.  A public hearing is necessary to authorize such a request.

Mayor Erdman opened the public hearing.

Mr. Harold Kamrath, 326 Glenn Road, stated concerns about the extra costs that may be involved with this name change, all costs should be charged back to the petitioners.

Mayor Erdman called three times and then closed the public hearing.

Resolution 08-32 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-32 included with these minutes)

b.         PUBLIC HEARING AND RESOLUTION 08-33 - ADOPTED – ORDERING IMPROVEMENT AND PREPARATION OF PLANS – APPROVING EAST MAIN STREET WATER MAIN LOOP (JOB 0715)

City Manager Simonsen explained that this public hearing is being held to receive input regarding an improvement and preparation of plans to the East Main Street watermain loop, (Job 0715).  The proposed improvement involves the construction of a 12-inch watermain loop from the existing system on S.E. Marshall Street east to State Park Road and north to the existing system at East Main Street.

A public notice was mailed and publication notice of the hearing has been given.

Following the public hearing, the City Council shall determine if a resolution ordering the improvements is necessary, cost effective and feasible.  The total cost of the project is $411,410.78.  Of that amount, 78% is assessable and 22% would be a city cost; 94% of the assessable portion would be held for future assessment because the property is currently outside the city limits.

The watermain loop would improve the reliability of the water system that was installed east of Happy Trail Lanes in 2005 and ensure adequate flow and pressure to this area.  The area is currently on a dead end line.  If any leaks or disruptions in service occur, water will not be available to businesses and residences east of Blake Avenue.

Mayor Erdman opened the public hearing.
Mr. Ken Stencel, 77799-205th Street, concerns about the future assessments, when this property is annexed into the city.  He stated concerns about this water line outside of the city limits.

Mr. Mike Baseman, 20674 780th Avenue, stated concerns about running the watermain down on County Road 38, he does not want to be annexed into the city, no problem with the water main, several dead-end water lines within the city such as to Good Sam’s, etc.  He stated that it would be more important to have water to a nursing home rather than a couple of truck stops.

Mayor Erdman called three times and then closed this public hearing.

Resolution 08-33 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-33 included with these minutes)

c.         RESOLUTION 08-34 - ADOPTED – APPROVING AN AMENDENT TO RESOLUTION 07-94 APPROVING A CONDITIONAL USE PERMIT FOR ACCESSIBLE SPACE, INC. (ASI)

City Manager Simonsen explained that on May 29, 2007 the City Council adopted Resolution 07-94 approving the application of Accessible Space, Inc. to allow a conditional use permit.  Within the resolution there was reference to exhibits and a condition for an entrance canopy.  The developer has submitted revised exhibits based on suggested changes by the Planning Commission.  The exhibits are consistent with the intent of the approved conditional use permit.

This resolution would approve an amendment to Resolution 07-94 allowing the construction of a 23-unit senior housing apartment subject to the conditions outlined within the resolution.

Resolution 08-34 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, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-34 included with these minutes)

d.         RESOLUTION 08-35 - ADOPTED – CORRECTING RESOLUTION 08-17 WATER & SEWER RATES

City Manager Simonsen explained that this resolution would correct verbage on Resolution 08-17 regarding water and sewer rates.  An error was made in the sewer rates for industrial surcharges.  The original resolution stated that users at or below 300 mg/L BOD5, 320 mg/L TSS and 40 mg/L TKN and should read users that exceed limits for BOD TSS and TKN.  This resolution would adopt a new resolution to state the accurate verbage.

Resolution 08-35 was introduced by Councilor Brooks, 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 08-35 included with these minutes)

e.         RESOLUTION 08-36 - ACCEPTING FEASIBILITY REPORT FOR 2008 ALEDA SOUTH INDISTRIAL PARK PROJECT, AND CALL PUBLIC HEARING FOR FEBRUARY 25, 2008 (JOB 0632)

City Manager Simonsen explained that this resolution would adopt the feasibility report involving the construction of the ALEDA South Industrial Park which includes the construction of storm water, watermain, sanitary sewer, and concrete road on 14th Street.  It also involves construction of a storm water line from 14th Street north along South Broadway with an outlet into an existing wetland, as well as the construction of a sanitary sewer lift station to service the industrial park.

The total project cost is $3,242,000 with 100% being assessable to the Port Authority and one other property owner.  This resolution would accept the feasibility report and call a public hearing on the improvements for February 25, 2008 at 7:00 p.m.

The Port Authority is requesting the City bond for the entire cost of the project with the intent of pre-paying a large portion.  The balance plus interest would be paid in full by the Port Authority over the terms of the bond.

Resolution 08-36 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 08-36 included with these minutes)

f.          RESOLUTION 08-37 – ACCEPTING FEASIBILITY REPORT FOR NEIGHBORHOOD IMPROVEMENT, JOB 0801, AND CALL PUBLIC HEARING FOR MARCH 10, 2008 AT 7:00 P.M.

City Manager Simonsen explained that this resolution would accept the feasibility report and call for a public hearing to be held on March 10, 2008 at 7:00 p .m. to hear input regarding Job 0801 involving the bituminous overlay and scattered curb and gutter replacement of residential streets in the northwest part of the city.  The project involves a variety of improvements to sections of sixteen streets and is outlined within the feasibility report.  Specific improvements planned for each roadway section will be shared at the neighborhood meeting scheduled on Tuesday, February 19, 2008 at 7:00 p.m. in the City Council Chambers.

The total cost of the project is estimated to be $656,538.56 with 52% assessable and 48% being city costs.  The cost to the city is significantly higher than most projects due to the amount of property abutted either by city owned property or Fountain Lake.

Resolution 08-37 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 08-37 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

1. APPOINTMENT OF LARRY BAKER AS EX-OFFICIO TO HERITAGE PRESERVATION COMMISSION

MOTION:  Move to appoint Larry Baker to the Heritage Preservation Commission.

Motion was offered by Councilor Marin, seconded by Councilor Rasmussen.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Marin, Olson, Severtson, Brooks and Mayor Erdman. Councilor Baker abstained. Mayor Erdman declared the motion passed.

2. UPDATE ON BLAZING STAR TRAIL

City Manager Victoria Simonsen stated that she has requested Councilor Rasmussen and Councilor Brooks, who serve on the Blazing Star Trail Committee, to give updates on this item.

First Ward, Councilor Rasmussen reported:

• Joint Powers Committee update on Blazing Star Trail.
• Port Authority Update.
• Update on the MEP Presentation.
• Invited interested persons to sign up for the Citizens Academy.
• ALTV should list the Property Tax Hotline number and website.
• Tuesday, February 12, 2008, ABC’s of Organics will be presented in the Council Chambers.
• Thanked the Library Foundation for their fundraising of over $200,000 which was donated to our library.
• Will be attending the Legislative Day at the State Capital on February 20, 2008.

Second Ward, Councilor Baker reported:

• Planning Commission Workshop – Comprehensive Plan review/updates.

Third Ward, Councilor Marin reported:

• Updates on CVB
• Appreciated the Lincoln Avenue clean-up.
• Contested the 913 West Front Street for the snow/ice removal charged to this resident.  Would encourage staff to take a digital photo with date and time of the incident.

MOTION:  Move to refund $80.00 to the resident at 913 West Front Street.

Motion was offered by Councilor Marin, no second was received.  Mayor Erdman declared the motion failed due to lack of a second.

• Requested an update on Sunset Street extension.
• Stated his concern and disappointment with the public forum comments made by a resident at the last council meeting.
• Stated that he has served the city for eight years.  This has been an honor, but that he will not be seeking re-election in the fall of 2008.  Encouraged others to get involved.

Fourth Ward, Councilor Olson reported:

• ACTION AUTO PARKING LOT

MOTION:  Move to make an exception for Action Auto to park on their upper lot and in doing so they have agreed to put down a gravel lot and have a defined parking area and the city would give them a reasonable time to do so following winter thaw.

Motion was offered by Councilor Olson, seconded by Councilor Brooks.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Marin, Olson, Severtson and Brooks.  Mayor Erdman and Councilor Baker voted nay. Mayor Erdman declared the motion passed.

Fifth Ward, Councilor Severtson reported:

• No Committee updates.
• Received telephone calls and e-mails from residents in his ward stating that the public forum comments at the last council meeting were inappropriate.

Sixth Ward, Councilor Brooks:

• Requested that city staff meet with resident on 9th street regarding the placement of the signs.
• Questions regarding a proposed ordinance on charitable gambling and what percentage of dollars should/could remain in Freeborn County.
• Encouraged ward residents to contact him with any items that they would like to have discussed at Capital Days.
• Also, concerned about the snow removal charges.

Mayor Randall Erdman reported:

• Received a letter from the Albert Lea Library Foundation and they are requesting that the city accept all items donated in the amount of $205,502.16.

MOTION:  Move to accept all items donated by the Albert Lea Library Foundation and add this property to the city inventory.

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

• Reported that Building Restoration Corporation received the “Award of Excellence” for the building restoration of the Freeborn Bank Building.  A plaque was presented to the city and will be on display at city hall.  There had been 109 projects nominated for this award and this was number one.
• Members are still needed on the Human Rights Commission.
• Working on essay contest with School District #241.
• Attended a “Town Hall Meeting” with Representative Robin Brown and Senator Sparks.

b. City Manager’s Response to Public Items:

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

• Update on Blazing Star Trail was given by Councilor Rasmussen.
• Ward 6 – shrubs that were trimmed at 908 E. 9th Street were not trimmed by the city.
• City Engineer Steve Jahnke provided an update on the Inflow & Infiltration project: 758 inspections have been completed, 23 have failed, and an additional 14 need more televising to verify any problems.  Approximately 3-5% have a tile connected to the sewer line

7.         PUBLIC FORUM:

Mayor Erdman stated that review of the rules regarding the open forum was necessary due to certain conduct and comments at the last meeting.  Mayor stated that the time limit is two minutes, and limited to one topic.  The City Charter itself is not one topic.  Unless, you intend to address a specific provision of the Charter, you cannot indicate that the topic is the Charter and then discuss multiple issues.  This will not be permitted, and if you continue to do this, you will be ruled out of order.  You shall not engage in disruptive arguments, insults or attacks, against any person, in his or her professional capacity.  Such conduct will not be tolerated or permitted.  If you violate any of these rules, you will be given a verbal warning.  If you receive such a warning, and continue to violate the rules, you will be barred from speaking at that particular meeting and may also be requested to be removed from the council chambers.  You certainly have the right to express comments, and ask questions during the public forum section of the meeting.  However, you must abide by the rules as adopted by the council.  Again, if you fail to abide by these rules, you will be asked to sit down and you may ultimately be asked to leave the council chambers.  I have had several calls from community members stating that they are appalled at the behavior at the open forum.  If you persist in the bad behavior, you will be sitting down often.

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

• Mayor should start telling the truth all of the time by the City Charter.
• Read the charter.

Mayor Erdman gave Mr. Bok the first warning and then ruled Mr. Bok out of order and had him sit down.

Mr. Joe Attig, 17542 750th Avenue, stated:

• Concerns regarding the slope on the road and ditch in the South Industrial Park.
• Weeds are growing six feet high in the summer months.
• Slope was not seeded; dirt is washing onto his property killing the grass on his property.  Should be leveled out for mowing purposes.

Mr. Harold Kamrath, 326 Glenn Road,

• Concerned about energy usage, utility bills, etc.
• Encouraged the city to become a “Green” City.

Jo Lowe, 1906 E. Johnson Street,

• Thanked the City Council for all of their support and for making a difference with the ARC Park Program, which this program provides services to people with disabilities of all ages.

Mr. Dan Dorman, 19263 767th Avenue,

• Stated that the Port Authority is working with ZRT on the road issue (this did not get finished last year due to the weather) that was brought up by Mr. Attig and that this item will be taken care of in the spring.
• Thanked the City Council for all of their support and for their hard work.
• Stated concerns about the bashing of public officials during open forum and stating his opposition against that type of behavior.

8.         ADJOURNMENT – 8:35 p.m.

Councilor Olson moved and Councilor Rasmussen seconded that there being no further business, the council meeting be adjourned at 8:35 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Tuesday, February 25, 2008.  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 February 12, 2008

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

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