Pastor Monrad Mandsager, Lutheran Church, offered a prayer.

The September 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.

Mayor Erdman read a letter presented by the Albert Lea Public Library Foundation commending Library Director Peggy Havener for her dedication and extreme hard work in the completion of the library and also to the library staff under the direction of Library Director Peggy Havener for their outstanding contribution to the library improvement.

Mayor Erdman and City Councilmembers thanked Library Director Peggy Havener for all of her efforts and contributions to this library project.  Mayor Erdman also thanked the Library Advisory Board, Harlan Bang, Chairperson, Friends of the Library Board, President Elaine Baer, also the Friends of the Library Foundation, Albert Lea Public Library Foundation, Foundation Board Secretary Grace Haukoos and Foundation Fundraising Chairs Barb & Tom Butler, and everyone else involved for all of their efforts in this project.  Also a special “Thank you” to Chandler Anderson for the painting of the mural in the Children’s Library which took him over 300 hours.

2.         CONSENT AGENDA

*a.        APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF AUGUST 27, 2007.

*b.       RESOLUTION 07-155 – APPROVING CLAIMS:  Resolution 07-155 represents the financial claims of the City.

(See Secretary's Original Resolution 07-155 included with these minutes.)

*c.        APPROVAL OF LICENSES AND PERMITS:

MOTION:  Move to adopt the consent agenda as presented.

Councilor Marin moved that the consent agenda items be adopted as presented, and 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 – NO ITEMS

4.         UNFINISHED BUSINESS – NO ITEMS

5.         NEW BUSINESS

a.         INTRODUCTORY ORDINANCE 113, 3d AMENDING TREE ORDINANCE

City Manager Simonsen explained that Chapter 70 of the City Code currently addresses vegetation in general and shade tree disease control.  This introductory ordinance would amend Chapter 70 to include a section regarding trees including tree planting standards, order to treat or remove trees and the procedure set forth to do so.  The introductory ordinance was reviewed by the Park & Recreation Advisory Board and recommended for approval by the City Council.  A second reading of the ordinance will be held at the September 24, 2007 City Council meeting at or around 7:00 p.m.

MOTION:  Move to introduce the first reading of Ordinance 113, 3d Amending the Tree Ordinance.

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

b.         PRESENTATION OF THE 2008 PROPOSED BUDGET TO COUNCIL

City Manager Simonsen presented highlights from the 2008 Proposed Budget.  The proposed budget will be available in the library.

MOTION:  Move to accept the 2008 proposed budget.

Councilor Severtson moved this motion and 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.

c.         RESOLUTION 07-156 ADOPTED - APPROVING PROPOSED 2008 TAX LEVY

City Manager Simonsen explained that state statute requires municipalities to establish a proposed tax levy for the following year by September 15th of each year.  This resolution would establish the proposed tax levy for 2008 at $4,475,700.  This levy would include expenses to operate the general fund, PIR bond debt service, and capital improvement bonds debt service.  This resolution would set the highest taxable rate that the City may levy.  After conducting Truth-in-Taxation public hearings, the City Council may chose to lower the levy.  The levy is traditionally adopted at the highest rate possible within the proposed budget until the final budget decisions have been made.  The City is anticipating an increase in tax capacity, which would result in a minimal property tax increase for the City’s portion of taxes.

Resolution 07-156 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 07-156 included with these minutes)

d.         RESOLUTION 07-157 ADOPTED - SETTING TRUTH-IN-TAXATION HEARING DATES

City Manager Simonsen stated that this resolution sets the dates for Truth-in-Taxation hearings as required by Minnesota Statute.  The Initial Hearing will be held on December 3, 2007 at 7:00 p.m. in City Council Chambers.  The Continuation Hearing, if necessary, will be held on December 10th, 2007 at 7:00 p.m. with the Subsequent Hearing scheduled immediately following the Continuation Hearing, if needed

Resolution 07-146 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 07-157 included with these minutes)

e.         RESOLUTION 07-158 ADOPTED – AUTHORIZING FUND TRANSFER

City Manager Simonsen explained that this resolution authorizes the transfer of funds as outlined in the resolution including the 8th Avenue Storm Lift project, the Downtown Revolving Loan Fund, City Hall improvements, and TIF transfers.  Details on each of these projects are included in the resolution.

Resolution 07-158 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 07-158 included with these minutes)

f.          RESOLUTION 07-159 ADOPTED – AUTHORIZING ADVANCE FROM GENERAL FUND TO TIF 5-15

City Manager Simonsen stated that this resolution authorizes the advance of $60,000 from the General Fund to TIF 5-15 fund.  The advance will be repaid from future tax increment collected within the district.

Resolution 07-159 was introduced by Councilor Marin, 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 07-159 included with these minutes)

g.         RESOLUTION 07-160 ADOPTED – DIVIDING ASSESSMENTS IN REVISED DESCRIPTION NO. 3072, PT Lot 2, BLK 1, CHADWICK MARKETPLACE ADDITION

City Manager Simonsen explained that the City Council has been requested to reapportion special assessments on property located in the Chadwick Marketplace Addition to allow assessments to be levied appropriately against parcels that were recently subdivided.  City staff finds no reason to believe that the reapportionment will impair collection of special assessments on the parcels

Resolution 07-160 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 07-160 included with these minutes)

h.         RESOLUTION 07-161 ADOPTED – CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR JOBS 0607, 0610, 0611, 0631 FOR SEPTEMBER 24, 2007

City Manager Simonsen explained that this resolution would call a public hearing to be held on September 24, 2007 at 7:00 p.m. in the City Council Chambers to receive input and pass upon proposed assessments for the following projects:  Job 0607, East Main Street Lighting; Job 0610, Concrete Paving of Alley, Raymond Avenue and Alice Avenue; Job 0611, 2006 Sewer & Water Contract No. 1; Job 0631, 2007 Neighborhood Improvement Project.

Resolution 07-161 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 07-161 included with these minutes)

i.          RESOLUTION 07-162 ADOPTED – AUTHORIZING PURCHASE OF REAL ESTATE – DONALD & IRENE JONES PROPERTY

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into a purchase agreement with Donald & Irene Jones for the property located at 313 E. College Street for a purchase price of $20,000.  The City had retained $20,000 from the DEED and DNR flood mitigation funds (Job 0512) for the eventual purchase of this property.  As part of the grant agreement, the City will be responsible for the cost of demolition of the house located on this property.

Resolution 07-162 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 07-162 included with these minutes)

j.          RESOLUTION APPROVING SYVERSON PROPERTY EXTENDING DEFERRED ASSESSMENTS – (REMOVED FROM AGENDA)

k.         RESOLUTION 07-163 ADOPTED – AUTHORIZING PURCHASE OF OIL DISTRIBUTOR TRUCK – STREET DEPARTMENT

City Manager Simonsen stated that this resolution would authorize the Street Department to proceed with the purchase of a new 2008 oil distributor truck.  This would be a replacement of the current oil distributor truck #759 which is a 1988 truck with 82,000 miles and 8,000 hours.  The tank, controls, hydraulics and installation is on the state bid contract from Ruffridge-Johnson Equipment Co., Inc. for $67,169.  The trade-in allowance for Unit #759 is $17,000, resulting in a purchase price of $50,169.  The truck chassis would be purchased from Interstate Motor Trucks through Astleford International at a cost of $55,932.  The grand total of the combined purchases would be $106,101 plus sales tax and licenses.  This item is currently planned for in the 2008 budget at a cost of $115,000. The City would not take delivery of this unit until after January of 2008.  There is no increase in the transportation budget for this request.

Resolution 07-163 was introduced by Councilor Marin, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-163 included with these minutes)

l.          RESOLUTION 07-164 ADOPTED – APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD – RODNEY ANDERSON

City Manager Simonsen explained this resolution would approve an administrative survey combining portions of Lots 10 & 12 of Blk 3, College Addition and dividing to create Tracts A & B as surveyed and prepared by Jones, Haugh & Smith.  The administrative survey is consistent with the City’s zoning ordinance for Lots of Record within the R-1 Single Family Residential District.

Resolution 07-164 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 07-164 included with these minutes)

m.        RESOLUTION 07-165 ADOPTED – APPROVING AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD – COLLINS AUTO REPAIR

City Manager Simonsen explained that Mr. Mark Collins is requesting to combine two lots into one parcel for the purpose of connecting his two auto repair buildings and creating one address.  The administrative survey was prepared by Jones, Haugh & Smith and combines Lots 7, 8 & 9 of the Old Mill Addition into a single parcel.  The Lots of Record are consistent with the requirements of the zoning ordinance for lots within the I-2 Industrial District.

Resolution 07-165 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 07-165 included with these minutes)

n.         RESOLUTION 07-166 ADOPTED – APPROVING ALBERT LEA HOCKEY ASSOCIATION AGREEMENT

City Manager Simonsen stated that this resolution would authorize the Mayor and City Manager to enter into a contract with the Albert Lea Hockey Association for rental of ice time and lease and operation of the concession stand at the City Arena for the 2007‑2008 season.  The City agrees to allow the Hockey Association approximately 700 hours of ice time at a cost of $130.00 per hour.  The City will be responsible to maintain the ice and the facility, including the locker rooms, meeting rooms, etc.  The Hockey Association shall pay additional fees for practice and skill night for the Squirt In‑house Program.  There will be no carryover of unused ice time to a future season.

The Hockey Association shall pay $285.00 each month for the use of the concession area in the arena.  The Association is responsible to obtain a food handler’s license and comply with all applicable health codes and regulations.  The term of the agreement shall be September 1, 2007 through March 31, 2008.

Resolution 07-166 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 07-166 included with these minutes)

o.         RESOLUTION 07-167 ADOPTED – AUTHORIZING SOUTH CENTRAL DRUG INVESTIGATION UNIT (SCDIU) INVOLVEMENT BY ALPD - $5,000

City Manager Simonsen explained that this resolution would authorize the Albert Lea Police Department to participate in the South Central Drug Investigation Unit at a cost of $5,000 for 2008.  The City was previously a member of the unit but withdrew upon the advice of the League of Minnesota Cities.  Since that time, the concerns regarding insurance and joint powers agreements has been resolved.

Resolution 07-167 was introduced by Councilor Marin, seconded by Councilor Baker.  On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman.  Mayor Erdman declared the resolution passed.

(See Secretary’s Original Resolution 07-167 included with these minutes)

p.         RESOLUTION 07-168 ADOPTED - AMENDMENT TO RESOLUTION 07-37 – COUNCIL PROCEDURES

City Manager Simonsen explained that this resolution would amend the Council Procedures – Resolution 07-37, Section 7., Rules For Addressing the Council/Rules of Decorum.  The change would amend the five minute time limit to two minutes and one topic.
Resolution 07-168 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 07-168 included with these minutes)

6.         MAYOR AND COUNCIL ITEMS

a.         MAYOR/WARD AND COMMITTEE ITEMS
First Ward, Councilor Rasmussen:

• Reported on the Port Authority Meeting.  The Authority voted to purchase lots in the Habben Industrial Park, and discussed roofing issues at Ring Can building.
• Comprehensive Plan Public Meeting to be held September 18th, 2007 at the Senior Center and encourage the public to attend.
• Requested an update on the trail plans.

Second Ward, Councilor Baker:

• Neighborhood picnic in the Oakwood Circle scheduled for Sunday, September 23.  They are requesting four more picnic tables.

Third Ward, Councilor Marin

• None

Fourth Ward, Councilor Olson:

• Received lots of compliments on the new trail addition.
• Lights out around the lake.

Fifth Ward, Councilor Severtson:

• HRA Progress Report
• Airport Commission is trying to purchase land from George Dress, and we need another appraisal.

Sixth Ward, Councilor Brooks:

• Met with the New Hills Condo Association and thanked the City Manager for attending that meeting on a Sunday.
• Requested an update on Margaretha.

Mayor Erdman:

• Human Rights Commission continues to work on an “Ethnic Day” at the Farmer’s Market.
• School District #241 collaborative essay contests regarding diversity.
• Attended a City/County management meeting and much was accomplished.
• Daybreaker’s Kiwanis raised $1,500 for the flood relief efforts for the City of Rushford.

PROCLAMATION FOR HISPANIC HERITAGE MONTH

Mayor Erdman read a letter from the Chicano Latino Affairs Council regarding the support to proclaim Hispanic Heritage Month 2007 during the period of September 15 - October 15, 2007.  Mayor Erdman read a “Proclamation for Hispanic Heritage Month” for the period of September 15 – October 15, 2007 in the City of Albert Lea, MN.

b.         CITY MANAGER’S RESPONSE TO PUBLIC ITEMS

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

• Are certified letters sent out for mowing?  Notices to property owners are either sent by certified mail or a handwritten notice is left at the property as specified in the ordinance.  We have received one complaint from an out of town property owner that owns four lots between Virginia and Newton.  The city had to mow the lots the last two years and have mowed it at least three or four times this year.
• Could South 4th Avenue be made to one side parking?  City staff has looked at this street and has not made a decision which side would be the best to make no parking.  There are pro’s and con’s to both sides.  City Staff is requesting another two weeks before a recommendation is made.
• Check lighting on Milrose Circle – Another light installation on Milrose Circle has been requested to Alliant and they will schedule the installation.
• Concern about chlorinated water being discharged into the channel - Staff and Watershed are not aware of any such activity.
• Alley between St. Thomas & Columbus off East Main Street is scheduled to be repaired yet this fall.
• Complaint about the length of grass at the Village Cooperative -  This has been turned into the inspection department.
• Concern about shadows on the new lighting that was installed on East Main Street -The lighting is discrete however, it is above the minimum standards that is allowed for safety.
• Indication of a price change on the East Main lighting of a $50,000 increase in the cost?  The city did chose to purchase eight extra poles to keep as replacement poles and those were around $35,000.   We did purchase the banners in this project.
• Mowing of the median?  It is the responsibility of MnDOT to mow this area.  City staff has looked at what it would cost the city in wages and equipment to mow this area more frequently and we are trying to work that into our 2008 budget.

7.         PUBLIC FORUM

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

• Inquired as to where is the copy for the public on Item 5p? – Amend Resolution 07-37 – Council Procedures, and no copy for the 2008 proposed budget, and this is a complete violation.  Reminder to the Mayor and Council that anything that the council does is subject to the recall power of the people and we will start looking into that fraud which has been going on around here.  Also, violation of a number of councilors talking together in the parking lot after the meetings.

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

• Concerns regarding the safety between Adams and Euclid.  There are large dips in the sidewalk that should be marked with cones.  Questions regarding the placement of cones while people were in church and is staff getting overtime for this?  Had comments about the two minute rule.

8.         ADJOURNMENT – 8:00 p.m.

Councilor Olson moved and Councilor Marin seconded, that there being no further business, the council meeting be adjourned at 8:00 p.m., until the next regular meeting of the Albert Lea City Council on Monday, September 24, 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 September 10, 2007.

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

2007 Archived minutes
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