Pastor Matt Huntley, Vineyard Church, offered a prayer.

The Monday, March 10, 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.

a.         The Pledge of Allegiance was recited.

2.         CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF FEBRUARY 25, 2008.

*b.       RESOLUTION 08-49 – APPROVING CLAIMS:  Resolution 08-49 represents the financial claims of the City.

(See Secretary's Original Resolution 08-49 included with these minutes.)

*c.        LICENSES AND PERMITS:

*d.       RESOLUTION 08-50 – APPROVING LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT – FREEBORN COUNTY FANTAILS, 15006 700TH AVENUE, ALBERT LEA, MN

(See Secretary's Original Resolution 08-50 included with these minutes.)

*e.        RESOLUTION 08-51 – APPROVING MINENSOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT – ALBERT LEA BUSINESS & PROFESSIONAL WOMEN, 505 BRIDGE AVENUE, ALBERT LEA, MN

(See Secretary's Original Resolution 08-51 included with these minutes.)

*f.        RESOLUTION 08-52 – APPROVING MINNESOTA LAWFUL GAMBLING APPLICATION – ALBERT LEA WRESTLING BOOSTERS

(See Secretary's Original Resolution 08-52 included with these minutes.)

*g.       RESOLUTION 08-53 – ACCEPTING ADMISSION AND PROPOSED ORDER – ALBERT LEA INN

(See Secretary's Original Resolution 08-53 included with these minutes.)

MOTION:  Move to adopt the consent agenda as presented.

Councilor Marin moved that the consent agenda items be adopted as presented, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the motion passed.

3.         PETITIONS-REQUESTS-COMMUNICATIONS

a.         REQUEST TO WAIVE BUILDING PERMIT FEES FOR SMALL CITIES PROGRAM – HRA

Mr. Jon Ford, HRA Executive Director, requested the City Council waive the building permit fees for the 15 housing units scheduled for rehabilitation through the Small Cities Development Program (SCDP).  The rehabilitation is anticipated to be completed this summer.  Waiving the permit fees will allow more SCDP money to be spent on improvements at each unit.  The waiving of the fees also works as an in-kind match to the program and provides DEED incentive to consider approval of future applications.  It is estimated that the value of this request is approximately $4,200.

MOTION:  Move to approve this request.

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

b.         REQUEST TO WAIVE BUILDING PERMIT FEES FOR HRA CONSTRUCTION

The HRA is also requesting the waiving of building permit fees of approximately $1,000 for a garage unit located on the northwest side of the Shady Oaks property that are used for storage and other residential related work.  The HRA has set aside grant money to complete the construction and landscaping necessary to eliminate snow and rain water runoff which corrodes the side of the building as well as the cost to remove or demolish one garage and construct a new 40 ft. x 60 ft. structure to the south of the remaining garage.  The project will allow more parking spaces for the building.  Waiving the permit fees will allow the HRA to utilize grant funds more efficiently.

MOTION:  Move to approve this request.

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

c.         UPDATE ON DOG PARK – KAREN MEYERSON

Ms. Karen Meyerson, 106 Ridge Rd., reported updates on fundraising and the possible parks that would work well for the dog park.  She submitted a petition with 75 names of people that are supportive of this project.

d.         MOTION TO AUTHORIZE CITY MANAGER TO WAIVE SNOW REMOVAL CHARGES – 2008 SEASON

MOTION:  Move to authorize the City Manager Victoria Simonsen to review and waive snow removal charges for the 2008 season, as deemed appropriate.

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

4.         UNFINISHED BUSINESS (NO ITEMS)

5.         NEW BUSINESS

a.         PUBLIC HEARING AND RESOLUTION 08-54 – NEIGHBORHOOD IMPROVEMENT PROJECT (JOB 0801)

City Manager Simonsen explained that this public hearing is being held to receive input regarding Job 0801 the Mill, Overlay, and Curb Replacement Project of residential streets in the northwest part of the city.  The project is estimated to cost $656,538.00 with 52% of the cost being assessable and 48% of the cost being incurred by the city.  A significant amount of property is abutted by either city-owned property or Fountain Lake.  Following the public hearing a resolution ordering the improvement is necessary for the project to be bid and completed this summer.

Mayor Erdman opened the public hearing.

Ms. Tami Hallum, 206 North Lane, stated concerns about the area street improvements and that she does not feel that North Lane needs fixing at the present time.  There are many other roads that need fixing worse than North Lane.

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

City Engineer Steven Jahnke explained as to why certain streets are designated to be repaired at this time.

Resolution 08-54 was introduced by Councilor Rasmussen, seconded by Councilor Baker.  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 08-54 included with these minutes)

b.         RESOLUTION 08-55 – PROPOSAL TO FORM TAX INCREMENT FINANCING DISTRICT NO 5-18 AND CALL A PUBLIC HEARING

City Manager Simonsen explained that this resolution would call a public hearing on March 24, 2008 at 7:00 p.m. in the City Council Chambers regarding the formation of Tax Increment Financing District 5-18, an economic development district for the Freeborn Lumber Company to be located on Lot 2, Block 1, Albert Lea Port Authority Plat 2 located west of Plaza Landscaping on Plaza Street.  The tax increment generated by development in the district would fund property acquisition for the development.

Mr. John Miller, President, is proposing to develop the property with approximately 20,500 feet of office, display, showroom and heated/cold storage facilities to house his business.  The estimated cost of the project is $1 million.  The tax increment financing would be provided as a “pay as you go” program in which the property owner pays for 100% of the project and is then reimbursed on an annual basis in an amount not-to-exceed an agreed upon percentage of the tax increment collected from the district.  The total tax increment anticipated through 2018 is $102,661.00.  This resolution would call the public hearing to receive input on the proposed TIF 5-18.

Resolution 08-55 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 08-55 included with these minutes)

c.         RESOLUTION 08-56 – APPROVING A DEVELOPMENT AGREEMENT – PORT AUTHORITY

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a development agreement for Port Authority Plat No. 3.  The agreement is to construct certain road and public utility improvements within and adjacent to the property located between Margaretha and South Broadway and between 13th and 14th Street (known as ALEDA Industrial Park).  The total project cost is estimated to be $2,078,452.97.  The Port Authority agrees to prepay $1,953,754.38 of the total project costs with the remaining balance being held for future assessment.

The parkland dedication fee of $54,600 was paid in December of 2007.  The system development fees valued at $244,620 were waived per Resolution 06-210.  Site work on the project is scheduled to be complete by November 30, 2008 subject to unavoidable delays.

Resolution 08-56 was introduced by Councilor Rasmussen, 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 08-56 included with these minutes)

d.         RESOLUTION 08-57 – AUTHORIZING AWARD OF BID – ALEDA INDUSTRIAL PARK (JOB 0632)

City Manager Simonsen explained that the bids for the 2008 ALEDA Industrial Park project between South Broadway and Margaretha Avenue and 13th and 14th Street were opened and tabulated on March 5, 2008.  Twelve bids were submitted for the project with bids ranging from $1,869,502.70 by Kuechle Underground, Inc. Kimball, MN to $2,397,912.76 submitted by H&W Contracting, Sioux Falls, SD.  Zenk, Read & Trygstad, the engineers on the project, find the low bid from Kuechle Underground, Inc. to be the lowest responsible bid and should be accepted for project Job 0632.  This resolution would authorize the Mayor and City Manager to enter into a contract for the construction of improvements.

Resolution 08-57 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-57 included with these minutes)

e.         RESOLUTION 08-58 – AUTHORIZING ACT NAME CHANGE TO “THE MARION ROSS PERFORMING ARTS CENTER”

City Manager Simonsen explained that this resolution would authorize a name change of the Albert Lea Civic Theater to the Marion Ross Performing Arts Center.  The Arts Council, Park & Recreation Board, Albert Lea Community Theater, Chamber of Commerce and Convention & Visitor’s Bureau have all voiced support for the name change as a step in making the Civic Theater an anchor in the redevelopment of downtown Albert Lea.  The goal of the name change is national name recognition as well as defining the building as a multi-functional facility for all members of the community to utilize.  Ms. Ross has been contacted and has given her approval to use her name and image.

Mayor Erdman read a letter from Ms. Marion Ross stating that she was honored to have the theater named after her.

Resolution 08-58 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 08-58 included with these minutes)

f.          RESOLUTION 08-59 – APPROVING ALBERT LEA PUBLIC LIBRARY INCLEMENT WEATHER POLICY

City Manager Simonsen explained that this resolution would approve an Inclement Weather Policy to be included in the policy and procedure manual for the Albert Lea Public Library.  The policy states that when severe weather necessitates the temporary closing of the Public Library, that the City Manager and local law enforcement will be advised and consulted regarding the closure.  If a decision is made to close or postpone opening, the radio stations in the area will be called.  The Albert Lea Library Advisory Board recommends adoption of the policy for the library manual.

Resolution 08-59 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, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 08-59 included with these minutes)

g.         RESOLUTION 08-60 – AUTHORIZING PURCHASE OF TRUCK FOR AERIAL LIFT – PARK DEPARTMENT

City Manager Simonsen stated that at the February 25, 2008 City Council meeting the City Council authorized the purchase of an aerial lift device for the Park Department.  This resolution would authorize the purchase of the truck for the aerial lift as budgeted and planned for.  This resolution would authorize the purchase of a 2008 International truck 4300 SBA 4x2 to be fitted with the aerial lift bucket.  The purchase of the truck is from the state contract through Interstate Motor Trucks of Albert Lea at a purchase price of $55,450 plus tax.  The truck is anticipated to take three months for delivery.

 Resolution 08-60 was introduced by Councilor Olson, 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 08-60 included with these minutes)

h.         RESOLUTION 08-61 – AUTHORIZING AN AGREEMENT WITH KATE‑AM/KCPI‑FM RADIO FOR USE OF CITY ARENA

City Manager Simonsen explained that this resolution would authorize an agreement with KATE/KCPI radio station to lease space at the Albert Lea City Arena for their Home & Garden Show.  The lease would be in effect from 1:00 p.m. March 26, 2008 to 1:00 p.m. March 31, 2008 for use of the main arena, lounge, lobby and skate change area.  Payment of $2,000 would be due upon agreement and $2,000 due on April 4, 2008 as well as giving the city $2,000 worth of credit to be used toward advertising and a free booth space.  The city will provide building supervision and basic janitorial services.  Any damages to the building, equipment, lawn or other special cleaning that may be necessary will be paid by KATE.  The layout of electrical equipment and cords must conform to OSHA and state and local codes and will be the responsibility of KATE radio.

Resolution 08-61 was introduced by Councilor Olson, seconded by Councilor Baker.  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 08-61 included with these minutes)

i.          RESOLUTION 08-62 – APPROVING DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR 2008

City Manager Simonsen explained that the city must have a Disadvantaged Business Enterprise Program (DBE) in place in order to receive federal funds for the airport runway project.  This resolution would approve the DBE, 2008 goal of 4.23%.  In approving this program, the city states that it is the policy of the City of Albert Lea to ensure that DBE’s have an equal opportunity to receive and participate in DOT assisted contracts.

Resolution 08-62 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 08-62 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         Mayor/Ward and Committee Updates

First Ward, Councilor Rasmussen reported:

• Committee meeting updates.
• Street light is out on south end of Grand Avenue.
• Thanked all Tiger sports participants for a great season.

Second Ward, Councilor Baker reported:

• Committee meeting updates.
• Discussed rental housing ordinances.
• Thanked everyone who donated food for the food drive.

Third Ward, Councilor Marin reported:

• No committee updates.
• Thanked all the volunteers within the City of Albert Lea.
• Thanked Diane Haney and the Show Choir Event.
• Stated that our City Engineer received his degree in 1991 and his P.E. in 1996.  Statements made in regards to the City Engineer at the last meeting are false.

Fourth Ward, Councilor Olson reported:

• No ward or committee updates.
• Encouraged everyone to get out and use the parks and trails.

Fifth Ward, Councilor Severtson reported:

• Committee meeting updates.
• Airport – purchased Dress land.
• Thank you to Tiger sport teams.
• Requested the city to work with HRA on financing improvements regarding our rental housing ordinances.
• Stated that he would not be seeking re-election but that he would be running for the 3rd Ward County Commissioner’s seat.

Sixth Ward, Councilor Brooks:

• No committee Items.
• Would like updates on South Broadway during ALEDA construction.

Mayor Erdman:

• Accept resignation of John Abrego from the Planning Commission.

MOTION:  Move to accept the resignation of John Abrego from the Planning Commission.

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

2.   Appointment of Greg Nainani to the Planning Commission.

MOTION:  Move to accept the appointment of Greg Nainani to the Planning Commission.

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

• Recognition of Mike Woitas – 2007 Minnesota Hotelier of the Year.
• Mayor Erdman congratulated Mike Woitas for being named Minnesota Lodging Association Hotelier of the year.  Mayor stated that 93% of hotels in Minnesota belong to this Association.
• Reported update on Edgewater funding is in conference committee.
• HRC Essay Contest, received 24 submittals from 6th grade, winner will be awarded on April 14th
• Congratulated the 7th Grade Boys Basketball Team on their accomplishments.

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

• The Street Department cleaned out the catch basin on Marie & Hawthorne.
• Mr. Diamond has been provided with a form to fill out to make requests for public information, and as of today, he has not returned that form, nor has he been denied this information.
• Tiger Hills Developers have provided a $100,000 line of credit for their 2008 payment.  The unpaid balance of $46,000.00 that was due in 2007 has been added to the outstanding balance of the loan.  This will be due and payable by 2016.

7.         PUBLIC FORUM

Mr. Harold Kinney, 1702 Sunset, stated the following:

• Thanked the Mayor and Councilors for serving our community.
• Stated  he has become furious about one or two self-appointed watchdogs of this community.  They should be calling the departments rather than bothering the elected officials.  Disrespectful behavior is unacceptable.

Mr. Manuel Cantu Jr., 113 McArthur Drive, stated the following:

• Why are some of the flag poles bare?
• How much leachate is running into the lake at Edgewater and is this safe for our community?
• Why would the city not tell the people that we are not going to support a dog park?

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

• Topic was Charter and miscellaneous.  Mayor Erdman requested that he specify a topic.  Mayor Erdman ruled Mr. Bok, out of order and requested that he sit down.  Mayor stated that this was repetitious.

Ms. Vicki Lunning, 75443-283rd St, Clarks Grove, stated the following:

• Thanked the Council for their support in the Albert Lea Leadership program.  She works at Riverland College and does a lot of training in the Leadership Academy Program and is very excited about this program.

Mr. Robert Hoffman, 2153 Harmony, stated the following:

• Thank you to Alliant Energy for sponsoring graduation of Albert Lea Leadership.
• Thanked the council for all of their support.

8.         ADJOURNMENT – 8:30 p.m.

Councilor Severtson moved and Councilor Olson seconded that there being no further business, the council meeting be adjourned at 8:30 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, March 24, 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 March 10, 2008.

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

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