Albert Lea, Minnesota December 8, Pastor John Bromeland, United Methodist Church, offered a prayer.

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1 Pastor John Bromeland, United Methodist Church, offered a prayer. On Monday, December 8, 2008 the 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 Engineer Steven Jahnke, City Attorney Lee Bjorndal, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune. a. The Pledge of Allegiance was recited. *2. CONSENT AGENDA *a. *b. APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF NOVEMBER 24, RESOLUTION APPROVING CLAIMS: Resolution represents the financial claims of the City. (See Secretary's Original Resolution included with these minutes.) *c. *d. *e. *f. *g. *h. LICENSES AND PERMITS: ANNUAL LICENSE(S) Dance Hall License Efren Bernal d/b/a Tequila s Bar, 137 E. Clark St., Albert Lea, MN Sign Hanger Tim Winkels d/b/a Winkels Electric, Inc., st St., S.E., Rochester, MN CALLING PUBLIC HEARING FOR ALLOCATION OF POLICE & FIRE PENSION INTEREST EARNINGS ON DECEMBER 22, 2008 AT 7:00 P.M. CALLING PUBLIC HEARING FOR WATER & SEWER RATES ON DECEMBER 22, 2008 AT 7:00 P.M. TRANSFER OF LIQUOR LICENSES FROM THE CUBBY HOLE TO LEGENDS BAR, 721 MARSHALL STREET. CALLING PUBLIC HEARING FOR NOTICE OF LICENSE REVOCATION BLUE DRAGON PROPERTIES, LLC ON DECEMBER 22, 2008 AT 7:00 P.M. CALLING PUBLIC HEARING FOR APPROVAL OF THE SMALL CITIES DEVELOPMENT PROGRAM (SCDP) OWNER OCCUPIED REHABILITATION LOAN APPLICATION FOR THE CITY FOR 2009 AND A COOPERATIVE AGREEMENT ON DECEMBER 22, 2008 AT 7:00 P.M.

2 MOTION: Move to approve the consent agenda. Councilor Baker moved that the consent agenda items be adopted as presented, and seconded by Councilor Severtson. 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 OF IACP AWARD TO CITY COUNCIL POLICE CHIEF DWAINE WINKELS Police Chief Dwaine Winkels presented an award from the International Association of Chiefs of Police (IACP) for our local Community Policing efforts. Over 100 nominations were received from the United States and several international countries. The department was honored recently at the IACP Annual Conference in San Diego, California. Lieutenant Jeff Strom and Officer Taylor-Sage presented the plaque to Mayor Randall Erdman. Mayor Erdman congratulated and thanked the Albert Lea Police Department for earning this award and presenting it to the City of Albert Lea. b. REQUEST ANNEXATION AND CITY SERVICES, 770 TH AVENUE RESIDENTS City Manager Simonsen explained that a petition was received from fifteen of twenty-five residents along CSAH 45 (770 th Avenue) between the MnDot maintenance shop and Interstate 90 requesting that the City consider extending sewer and water to this area and annexing the properties into the city limits. City Manager Simonsen and City Engineer Jahnke met with Bancroft Township officials in October to discuss the petition and options for these residents. Currently, there are twenty-five homes along this stretch of Hwy 45 that have private wells and septic systems. Due to the size of many of the lots, replacement of individual septic systems is difficult or impossible. There are four houses located on the east side of Hwy 45 (south of the MnDot facility) that are not currently hooked up to the city system. These homes are not included in the report because they are serviceable from an existing sanitary sewer and watermain. City staff recommends that the installation of a gravity sanitary sewer and watermain be installed, with pumps for the four lots that are lower than the gravity line could serve. The average cost for this option is $17,864 per residence plus $1,800 for connection fees and assessments held for future. Residents would be responsible for connecting the services from the right-of-way to their homes. The next steps would involve meeting with the Township and residents affected by this project, and if the preliminary report is favorable, a formal feasibility report would be

3 prepared. Plans and specifications could be completed over the winter months with construction to begin in MOTION: Move to authorize staff to set up a meeting with Bancroft Township and the residents affected by this project to conduct a feasibility study. 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, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. c. REQUEST FOR FOLLOWUP TO PARKING SITUATION 1010 RAMSEY PARKING City Manager Simonsen explained that on January 10, 2008 Mr. Scott Knutson, Ramsey Group Holding Co., was notified that his property was in violation of Albert Lea City Code Sec regarding the sale and storage of automobiles and other vehicles in an unpaved area. On February 11, 2008 the City Council made an exception for Action Auto to park on their upper lot if they agreed to put down a gravel lot and have a defined parking area following the winter thaw. On November 20, 2008 the City Building Inspector notified Mr. Knutson that he still had not met the requirements of the city code, nor the City Council action that gave him time to meet the requirements. City staff is requesting followup to the situation in order to improve the appearance of this area and to meet city code. Mr. Scott Knutson, th Avenue, Albert Lea, stated that he was working on completing the project, has brought in several loads of fill and would like to continue with this project. He requested an extension until August 1, MOTION: Move to authorize Mr. Knutson to work with city staff and grant the request for an extension until August 1, Councilor Olson moved this motion, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said motion: Councilors Marin, Olson, Severtson, Brooks. Nays: Councilor Rasmussen, Baker and Mayor Erdman. Mayor Erdman declared the motion passed. d. PRESENTATION TO OUTGOING MAYOR/CITY COUNCIL COMMUNITY DEVELOPMENT DIRECTOR, BOB GRAHAM Community Development Director, Bob Graham expressed appreciation for the excellent leadership, service and teamwork over the past years to the outgoing Mayor Randall Erdman and City Councilors Severtson and Marin. Several staff members were present and the outgoing members of the Council were presented with plaques and a photograph of Mayor Erdman and Governor Pawlenty was presented to Mayor Erdman. Mr. Graham expressed appreciation and commitment to the continuing Council members and to the newly elected Councilors and Mayor.

4 4. UNFINISHED BUSINESS a. PUBLIC HEARING (2 nd Reading) OF ORDINANCE 120,3D SOCIAL HOST City Manager Simonsen explained that this is the 2 nd reading and public hearing of Ordinance 120, 3d Social Host Ordinance. On November 10th the City Council conducted the 1 st reading of an ordinance that would prohibit and establish penalties for any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons less than 21 years of age. The intent of the ordinance is to discourage underage possession and consumption of alcohol and to hold persons criminally responsible who host events or gatherings, whether or not the person hosting has supplied the alcohol. The City Council has received letters of support for the proposed ordinance from the Freeborn County Partners in Prevention, the Freeborn County Chemical Dependency Center, Wendy Torkelson-Lawry, Independent School District #241 and Albert Lea Vineyard Church. Mayor Erdman opened the public hearing. Officer J.D. Carlson gave a power point presentation on the proposed Social Host Ordinance. Sgt. Rob Stock, Chaska Police Department, was present and explained that Chaska was one of the first cities to adopt this ordinance in Minnesota, and it has made a real difference in Chaska. Steve Bowron, 1005 Eastgate, stated that he was in support of the Council adopting this proposed ordinance. Jill Marin, 1311 South 4 th Avenue, stated that she was in support of the Council adopting this proposed ordinance. Alice Englin, 203 W. Clark Street, Freeborn Family Partners in Prevention, stated that she was in support of the Council adopting this proposed ordinance. Bob Donovan, 1305 Abbott Street, opposed the Council adopting this proposed ordinance stating several reasons, such as undermining parents and individual rights, making ordinary citizens criminals, etc. Sheila Schultz, 1917 South Shore Drive, opposed the Council adopting this proposed ordinance stating that parents will be held responsible when they have no knowledge. Mike Murtaugh, 313 Willamor, stated that he had questions about Sec.3 as to where does the burden of proof lie? Mayor Erdman called three times and then closed the public hearing. Several comments were made by Councilors as to why or why not this ordinance should be adopted.

5 MOTION: Move to adopt Ordinance 120, 3d as proposed. Councilor Marin moved this motion, seconded by Councilor Rasmussen. On roll call vote, the following Councilors voted in favor of said motion: Councilors Rasmussen, Marin, Baker and Mayor Erdman. Nays: Councilor Olson, Severtson and Brooks. Mayor Erdman declared the motion passed. Mayor Erdman declared a five minute recess. 5. NEW BUSINESS a. RESOLUTION RESOLUTION AUTHORIZING FUNDS TRANSFER City Manager Simonsen explained that this resolution would authorize the transfer of funds from the General Fund to Capital Projects and from Unreserved Fund Balance of the General Fund to Capital Projects for expenditures associated with the airport runway expansion, Sunset Street extension, Job 0625, and Public Safety related Capital Projects. Resolution 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 b. RESOLUTION ESTABLISHING THE TAX LEVY FOR 2009 City Manager Simonsen explained that this resolution would authorize the tax levy for Truth in Taxation law requires the city to hold a public hearing to present the proposed tax levy and city budget for the following year, and to provide an opportunity for the public to make comment and recommendations. The city held a public hearing on Monday, December 1, 2008, to present the proposed tax levy and budget for Public comment was received at the meeting. The information was also televised on the Government Access Channel. This resolution would authorize the tax levy for 2009 as follows: General Fund $4,520,000 PIR Bonds Debt Service $146,200 Capital Improvement Bonds Debt Service $88,350 This is a $278,850 increase in the General Fund tax levy from The proposed increase is below the state mandated levy limit of 3%. The city s share of tax on a home valued at $100,000 would be $345 annually, an increase of $9.00 from The City s overall tax capacity has increased by approximately $500,000 for The 2009 tax rate is %, up from % in 2008 and % in 2007.

6 In 2009, 27% of a homeowner s tax dollars will go toward city services. The remaining dollars are spread between the County 36%, School District 36% and the Watershed District 1%. A detailed presentation is available from the Finance Director s office. Resolution was introduced by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman. Nays: Councilor Brooks. Mayor Erdman declared the resolution passed. (See Secretary s Original Resolution c. RESOLUTION ADOPTING THE ANNUAL BUDGET FOR 2009 City Manager Simonsen explained that over the past several months, the City Council and staff have reviewed and discussed the 2009 budget. The 2009 General Fund budget shows an increase of 2.8% from The most significant changes to spending include a 2% wage increase, state mandated PERA increases, increased cost for fuel and utilities, as well as the city s share of Airport runway expansion costs. The General Fund appropriation totals $14,750,100 with 37% of the budget being funded by local government aid and 31% funded through local property tax. The remainder of revenue for the General Fund will be collected through licenses and permits, charges for services and other miscellaneous income. The Water Fund is budgeted to spend $1,742,020 and the Sewage Disposal Fund is anticipated to spend $4,094,110. Solid Waste Management, the Parking Fund, PIR Bond Debt Service and Capital Improvement Debt Service total $453,530. Details of each of these funds, the appropriation expense and the means of financing are available in detail within the resolution. Resolution was introduced by Councilor Rasmussen, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman. Nays: Councilor Brooks. Mayor Erdman declared the resolution passed. (See Secretary s Original Resolution d. RESOLUTION APPROPRIATING FUNDS FOR FISCAL YEAR 2009 City Manager Simonsen explained that this resolution would authorize the appropriation of funds for 2009, as previously outlined, to allow the City to begin its monetary transactions for Resolution was introduced by Councilor Brooks, 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

7 e. RESOLUTION SETTING GROSS RECEIPTS TAX 2009 City Manager Simonsen explained that this resolution sets the Gross Receipts Tax for It is an annual requirement in order to be able to collect the tax on natural gas sales and electricity sales, as well as cable franchise services. City staff is recommending the rate be set at 4.5% for the year The municipal gross receipts tax is applied on natural gas sales and electricity sales made by Alliant Interstate Power, Freeborn-Mower Cooperative Services and Charter Communications. Resolution was introduced by Councilor Severtson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary s Original Resolution f. RESOLUTION ACCEPTING 2009 AGREEMENT WITH I.A.F.F., LOCAL 1041 City Manager Simonsen explained that this resolution would accept the tentative agreement reached with the International Association of Firefighters, Local 1041, representing Albert Lea Firefighters. The City and Local agree to a one-year contract for 2009 with the changes focusing on wages and health insurance. The agreement outlines a 2% cost of living adjustment effective January 1, 2009 with employees being brought into the new salary schedule and grades as agreed upon. In regard to health care insurance, the comprehensive major medical plan being offered is a $500/$1000 deductible plan with single employees paying a share of the cost. A high deductible health plan with a health savings account will also be offered with a $2,300/$4,600 deductible with the employee, sharing in the cost. It was also agreed between the parties that employees assigned to special duties as 2nd in Charge be re-titled to Lieutenants receiving a $1.00/hour approve the regular rate of firefighter pay. The training per diem would also be increased to $90/day. Resolution 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 g. RESOLUTION ACCEPTING 2009 AGREEMENT WITH A.F.S.C.M.E., LOCAL 1018 City Manager Simonsen explained that this resolution would accept the terms agreed to in the tentative agreement with the AFSCME, Local 1018 representing Public Works, Parks & Recreation, Custodians, and Community Service Officers employed by the City.

8 The parties settled on a one-year contract effective January 1, 2009 with a 2% cost of living adjustment. Changes to the health care insurance are the same as those negotiated with the other unions, with the exception that AFSCME will receive a lower employer contribution under the high deductible health plan so that a single employee s share remains at zero. Other amendments to the contract include moving all AFSCME employees to the new salary schedule that was developed after the compensation and classification study, the addition of two custodians into the unit, as well as clean up language regarding promotions and holiday pay. Resolution was introduced by Councilor Severtson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary s Original Resolution h. RESOLUTION APPROVING NON-UNION EMPLOYEE SALARIES FOR 2009 City Manager Simonsen explained that this resolution would authorize a 2% cost of living adjustment to the compensation rates of all non-union classifications effective the first pay period of January A 2% increase is the same amount negotiated with four bargaining units for the 2009 payroll. Resolution was introduced by Councilor Marin, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors: Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary s Original Resolution i. RESOLUTION AUTHORIZING TASK ORDER NO. 9 AND NO. 10 AIRPORT, JOB 0713 City Manager Simonsen explained that this resolution would authorize an amendment to the Professional Services Agreement with Mead & Hunt for work to be performed in conjunction with the airport runway expansion project. Task Order #9 involves designing an air field electrical vault. The existing structure is located in an office area and cannot be expanded to accommodate the future equipment upgrades. Task Order #9 is on a lump sum basis not to exceed $28,920. Ninety-five percent of the cost will be paid with federal funds and 5% by local funds. Task Order #10 includes planning and surveying associated with the proposed new runway. The planning is needed to upgrade to precision instrument approach capabilities and is a requirement that came out of meetings with MnDot and FAA. Task Order #10 is on a lump sum basis not to exceed $46,861. The project will be paid with federal funds covering 95% of the cost and 5% being local funds. The work is scheduled to be completed within the next six months.

9 Resolution was introduced by Councilor Severtson, 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 j. RESOLUTION AUTHORIZING AGREEMENT WITH UNION PACIFIC RAILROAD FOR CROSSING UPGRADES NEWTON AVENUE, JOB 0859 City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with the Union Pacific Railroad to upgrade the signals and install crossbars at Newton Avenue just north of Front Street. The project has been included in the State Transportation Improvement Program for several years and is tentatively scheduled for construction in The estimated cost of the project is $361,368. The agreement requires the City to pay 10% of the project costs. The City has the option to use municipal state aid funds for the crossing if we so chose. The contract and construction oversight would be administered by MnDot, Union Pacific Railroad will perform the construction, and the City is responsible for providing traffic control and signage. Resolution was introduced by Councilor Brooks, 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 k. RESOLUTION APPROVING 2009 CONTRACT FOR BIG ISLAND RENDEZVOUS AND FESTIVAL, INC. City Manager Simonsen explained that this resolution would allow the Mayor and City Manager to enter into an agreement with representatives of the Big Island Rendezvous and Festival, Inc. to conduct a historical festival at Bancroft Bay from September 21 st through October 9 th, The agreement outlines the requirements to host concessions at this location, including the need to obtain general liability insurance. No alcoholic beverages will be sold or permitted in the park during the event. Muzzle loaders insurance will be necessary for such activities. City staff has reviewed the agreement and can support the event as it has for many years. Resolution was introduced by Councilor Olson, 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

10 6. MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates First Ward, Councilor Rasmussen reported: Committee update Port Authority of December 3 rd. Discussed building a new spec building in ALEDA Industrial Park. Port gave $5,000 to HRA. Problems with all stop lights on Bridge Avenue. Report requested on hotel not paying lodging tax. Community should be proud of the Extreme Home Makeover event. Second Ward, Councilor Baker reported: No Committee updates. No Ward items. Third Ward, Councilor Marin reported: No Committee updates. Stated that his Father had passed away and gave honor to him. Fourth Ward, Councilor Olson reported: Committee updates. Problem with all stop lights on Bridge Avenue. Fifth Ward, Councilor Severtson: Committee updates. Comments regarding the airport article in the Tribune. Freeborn County War Memorial is featured in the American Legion calendar. Six Ward, Councilor Brooks: Committee updates. House on Frank & 8 th needs time table. Mayor Randall Erdman reported: Committee updates Thanked staff for all of their efforts. b. City Manager s Response to Public Items Street Light has been scheduled for repair by Alliant at Garfield & Johnson. 7. PUBLIC FORUM Mr. Bob Graham, City Planner, stated: Public Hearing for proposed/revised Comprehensive Plan on Tuesday, December 16, 2008 before the Planning Commission and then a Public Hearing before the City Council on December 22, 2008.

11 8. ADJOURNMENT 9:34 P.M. Councilor Marin moved, Councilor Severtson seconded that there being no further business, the council meeting be adjourned at 9:34 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, December 22, On roll call vote, all councilors voted in favor of said motion. Mayor Erdman declared the motion passed and the meeting adjourned. Filed and attested December 9, Secretary of the Council Mayor Randall Erdman