Albert Lea, Minnesota September 22, Pastor Mark Boorsma, Ascension Lutheran Church, offered a prayer.

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1 Pastor Mark Boorsma, Ascension Lutheran Church, offered a prayer. On Monday, September 22, 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 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. *b. APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF SEPTEMBER 8, 2008, MINUTES OF SEPTEMBER 11, 2008 CANVASS BOARD MEETING, AND MINUTES OF SPECIAL MEETING HELD ON SEPTEMBER 11, RESOLUTION APPROVING CLAIMS: Resolution represents the financial claims of the City. (See Secretary's Original Resolution included with these minutes.) *c. *d. LICENSES AND PERMITS: ANNUAL LICENSE(S) On-Sale Intoxicating Liquor David A. Reisewitz d/b/a The Cubby Hole, 721 Marshall Street, Albert Lea, MN Dealer in Secondhand Gold, Silver & Jewelry Brian Marmes d/b/a The Gold Exchange, Geneva, MN to be held at Northbridge Mall, 2510 Bridge Avenue, Albert Lea, MN on October 4, TEMPORARY LICENSES Off-Premises Liquor Green Mill Restaurant, 2218 E. Main St., Albert Lea, MN for a Wedding Reception at the National Guard Armory, Albert Lea, MN on September 20, Nasty Habit Bar & Grill, 134 W. William, Albert Lea, MN for a Wedding Dance at the National Guard Armory, Albert Lea, MN on September 27, RESOLUTION CALLING A PUBLIC HEARING FOR PROPOSED ASSESSMENTS FOR JOB 0242 MARGARETHA AVENUE, OCTOBER 13, 2008 AT 7:00 P.M. (See Secretary's Original Resolution included with these minutes.)

2 *e. RESOLUTION CALLING A PUBLIC HEARING FOR PROPOSED ASSESSMENTS FOR JOB 0801 NEIGHBORHOOD IMPROVEMENT PROJECT, OCTOBER 13, 2008 AT 7: 00 P.M. (See Secretary's Original Resolution included with these minutes.) *f. RESOLUTION CALLING A PUBLIC HEARING FOR PROPOSED ASSESSMENTS FOR JOB 0802 STATE AID STREETS, OCTOBER 13, 2008 AT 7:00 P.M. (See Secretary's Original Resolution included with these minutes.) *g. CALLING A PUBLIC HEARING FOR PROPOSED ASSESSMENTS FOR PARKING MAINTENANCE DISTRICT, OCTOBER 13, 2008 AT 7:00 P.M. MOTION: Move to adopt the consent agenda as presented. Councilor Brooks moved that the consent agenda items be adopted as presented, 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. 3. PETITIONS-REQUESTS-COMMUNICATIONS a. REQUEST FROM HRA FOR FUNDS TOWARD HOUSING STUDY JON FORD Mr. Jon Ford, Executive Director, Albert Lea Housing & Redevelopment Authority, presented to the Council the need to update the current housing study and plan. The City Council received information regarding the objectives as defined in the original plan and progress toward completion. Mr. Jon Ford, Executive Director of the Albert Lea HRA, requested funding in the amount of $5, from the City of Albert Lea to fund an update to the current housing study and plan. He stated that Freeborn County has committed $5, to this project. MOTION: Move to grant this request for the $5, for the housing study and plan. Councilor Baker moved this motion, seconded by Councilor Brooks. 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 EXTEND SEWER LINE 1426 SOUTH SHORE DRIVE City Manager Simonsen explained that the City received a request from Mr. Tony Bertelson, 1426 So. Shore Drive, to connect to the city s sanitary sewer and watermain.

3 When the services were installed along South Shore Drive, his property was considered a cabin and was not required to hook up. He is now living in the house full time and would like to install a grinder pump and force main to service his sanitary sewer. The estimated cost of the project is $25,200. Mr. Bertelson is asking that the cost be assessed to his property and paid back over a 15-year period at 5.25% interest. MOTION: Move to grant this request and assess this property for the project cost, plus 5.25% interest for a 15-year period. Councilor Brooks moved this motion, 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. c. REQUEST TO INSTALL CHILDREN AT PLAY SIGN PARK AVENUE City Manager Simonsen explained that the City has received a request from residents in the Park Avenue neighborhood for a Children at Play sign be installed near the park. The engineering staff have reviewed the situation and consulted the Minnesota Manual on Uniform Traffic Control Devices (MUTCD), which discourages the use of such signs. The manual gives six reasons why Children at Play signs should not be installed. The reasons are: 1. The Children at Play sign is unclear and unnecessary. 2. It gives the parents and children a false sense of security. 3. One Children at Play sign leads to a proliferation of signs throughout the town. 4. To erect Children at Play signs in response to one request usually generates similar requests, thereby basing sign placement on political rather than on sound engineering judgment. 5. Because they are confusing and do not meet specific criteria for good signing, placing Children at Play signs opens the municipality to tort liability. 6. Since all signs need to be maintained to be effective, the proliferation of unnecessary signs places an undue burden on maintenance crews. Purchasing, erecting, and keeping these signs in good order is expensive. The City has placed many Children at Play signs in the past and this request is consistent with past city practices. The Council has been provided with a map showing the park and potential sign locations. Mrs. Karen Trow, 522 Park Avenue, stated that she is in favor of this type of signage in this area. Mr. Harold Kamrath, 326 Glenn Road, requested a cost estimate on these signs and suggested that the neighborhood pay for it. MOTION: Move to grant this request. 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,

4 Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. d. REQUEST FROM EAST FORK BIODIESEL, LLC FOR EXTENSION OF AGREEMENT City Manager Simonsen explained that the City has received a request from East Fork Biodiesel, LLC, Algona, Iowa to extend their Wastewater Disposal Agreement with the City of Albert Lea for another year. The arrangement was made to transport processed wastewater from their facility until their on-site treatment facility becomes operational. The conditions and requirements of the permit have been provided to the City Council. MOTION: Move to grant this request and extend the agreement. Councilor Rasmussen 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. 4. UNFINISHED BUSINESS a. CALL PUBLIC HEARING FOR PROPOSED ORDINANCE 115, 3d - RENTAL HOUSING (1 st READING) City Manager Simonsen explained that on March 24, 2008 the City Council introduced a Rental Housing Licensing Ordinance. At the second reading the ordinance was tabled indefinitely pending the formation of a task force to give input on structuring the ordinance to benefit the overall community. Members of the task force included landlords, tenants, property managers and realtors. The task force met a total of six times over the past months with a final vote to recommend the re-introduction of Ordinance 115, 3d, with amendments, and to call a public hearing for October 13, 2008 at or around 7:00 p.m. The ordinance is designed to protect the public health, safety and general welfare of the citizens of Albert Lea who rent housing. The intent of the ordinance is to establish a permanent mode of protecting and regulating the living conditions of renters and to provide a means for imposing license fees to help defray the costs necessary for inspection and enforcement of the ordinance. Councilors Baker and Brooks have been closely involved with the committee and ensuring that the issues brought forth by the task force members have been addressed. A copy of the entire ordinance is available in the City s Inspection Department, City Manager s office or the City s website. MOTION: Move to call a public hearing for October 13, 2008 at or about 7:00 p.m. for the proposed Rental Housing Ordinance 115, 3d. Councilor Brooks 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.

5 5. NEW BUSINESS a. PUBLIC HEARING AND RESOLUTION AMENDING THE SEWER RATE STRUCTURE City Manager Simonsen explained that on September 11, 2008 the City Council held a special meeting to discuss the City s sewer rate structure. At that time a public hearing was called to discuss and receive input regarding that rate structure. The City adopted the current water and sewer rate structure in February of Finance Director Rhonda Moen gave a power point presentation regarding the current sewer rate structure and examples of the sewer fund, etc. She stated that the city considers several items such as rates that other communities are charging, equity/fairness among our customer base, future revenue and disbursements, etc. Mayor Erdman opened the public hearing. Mr. Harold Kamrath, 326 Glen Road, inquired as to where all of this money is being spent and stated that the public has the right to know where the money is spent. He requested a copy of the city budget. Mr. Dan Dorman, th Avenue, Executive Director of ALEDA, had questions regarding the sewer rates. He requested that the sewer rates become competitive with other communities. Mr. Mike Murtaugh, 313 Willlamor Rd, inquired as to when the last professional rate study was completed by an outside agency. City Manager Victoria Simonsen stated that she had heard from three members of the public that were unable to be in attendance and all three indicated that they would want the council to support whatever is necessary to retain and bring business to this area. Mayor Erdman called three times and closed the public hearing. MOTION: Move that we amend the sewer rate for Industrial customers by 25% effective as soon as possible. Motion and Resolution was introduced by Councilor Marin, 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 b. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR JOB STREET, SEWER & WATER CONTRACT #1 City Manager Simonsen explained that bids were opened on Wednesday, September 17, 2008 for the 2008 Street, Sewer & Water Contract #1 involving the removal and

6 replacement of curb & gutter, concrete surface, aggregate base, storm sewer, sanitary sewer, sidewalk and watermain on William Street (from St. Mary Avenue to Washington Avenue) and St. Mary Avenue (from West Main Street to William Street). The City received a total of five bids on the project ranging from $363,110 to $592,407. Bids were received from Heselton Construction, LLC, Faribault, MN, Niles-Weise Construction Co., Inc., Medford, MN, GM Contracting, Inc., Lake Crystal, MN, Freeborn Construction, Inc., Albert Lea, MN, Sorenson Bros., Inc., Albert Lea, MN. Bidders were given two options for construction of the project. The base bid involving completion of all work except for the final lift of bituminous to be completed in 2008 and another option was to complete the work in City staff recommended the low bid of $363, as submitted by Heselton Construction, LLC, of Faribault, MN. The engineer s estimate on this project was $413, Resolution 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 c. RESOLUTION APPROVING FINAL PLAT OF PRO TRUCKING ADDITION City Manager Simonsen explained that the Planning Commission has reviewed the preliminary plat of Pro Trucking Addition and found it to be in accordance with Chapter 54 of the City Code. This resolution would approve the final plat of Pro Trucking Addition as prepared by Jones, Haugh & Smith dated September 2008 with the following condition: 1. That payment in lieu of parkland dedication and payment of the system development fees shall be made prior to signing the final plat. Resolution 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 d. RESOLUTION APPROVING ELECTION JUDGES FOR GENERAL ELECTION

7 City Manager Simonsen explained that this resolution would appoint election judges for the November 4, 2008 General Election. Minnesota Statute states that election judges in municipalities shall be appointed by the governing body upon being furnished a list of appropriate names by the City Clerk from each major political party and subject to eligibility requirements established by Sec. 204.b of Minnesota Statutes. The resolution lists ninety-four individuals to be appointed as election and health care election judges for the upcoming election. The compensation shall be $8.00/hr. for election judges, $9.00/hr. for assistant chief judges and $10.00/hr. for chief judges. Compensation shall also be paid for mandatory training sessions and mileage as outlined. Resolution 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 e. CALLING A PUBLIC HEARING AND RESOLUTION APPROVING PROPOSAL FOR THE FORMATION OF TAX INCREMENT DISTRICT 5-20 City Manager Simonsen explained that the City of Albert Lea has received a request to establish a Tax Increment Financing District for S.A.R., Inc. as they have an existing manufacturing operation at 401 Airport Road. They are requesting that the city provide tax increment financing assistance in conjunction with a proposed 9,600 sq. ft.building expansion. S.A.R., Inc. is a custom machining and metal fabrication operation. It began its operation in 1990 with additions being constructed in 1994 and Mr. Ed Tschida, Advance Resources for Development, Inc., has determined that the project would qualify as an economic development district. This resolution would accept the proposal to form Tax Increment Financing District No and adopt the TIF plan and call for a public hearing on October 13, 2008 at 7:00 p.m. in the City Council Chambers. The estimated annual tax increment resulting from this expansion is $5,073 per year. The district would be established as a pay as you go TIF project that requires the company to pay 100% of the cost with the city providing semi-annual reimbursement of the increment in an amount not-to-exceed $45,660. Resolution 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 MAYOR AND COUNCIL ITEMS a. Mayor/Ward and Committee Updates

8 First Ward, Councilor Rasmussen reported: No Committee Updates. Staff to notify the Industrial customers of the rate reduction and contact businesses individually notifying them of 25% reduction. Also to call a meeting. Encourage everyone to attend Rendezvous. Second Ward, Councilor Baker reported: Committee Updates. Thanked staff and city for the use of the picnic tables at the Oakwood Circle Neighborhood Picnic. Third Ward, Councilor Marin reported: No Committee Updates. Requested an update on Sunset. Requested a meeting for the Bay Oaks and 4 th Street Neighborhood Projects. Thanked the councilors and staff for their hard work on the rate reduction. Fourth Ward, Councilor Olson reported: No Committee Updates. Road construction issues reported to the City Engineer. Encouraged everyone to use caution in the crosswalk area near Thornecrest. Albert Lea Thunder to play this weekend. Fifth Ward, Councilor Severtson reported: No Committee Updates. No ward items. Sixth Ward, Councilor Brooks: No committee updates. No ward items. Mayor Randall Erdman acknowledged: Thank you to Councilors Brooks and Baker and Fire Chief Stieler for all of their hard work on the rental housing ordinance. Thank you to all of city staff and council on the rate reduction. Pep rally scheduled for 8:00 a.m., September 23 rd at Crossroads Church for the Extreme Home Makeover Thank you to everyone involved in Autumn in the Village. b. City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows: All public items were taken care of. 7. PUBLIC FORUM Mr. Roger Bok, 1012 Cato Drive stated: Concerns regarding fixing of the speaker system within Council Chambers. Concerns about missing minutes and information not included that should be. Reported several weeks ago, that hand rails and sidewalk repair needed at the Albert Lea Tribune. Tribune Article regarding Garden Villa Park and the chain that was placed across an alley by the councilor of that ward. Apology needed.

9 Questions regarding the parking of a trailer without a permit from the City in the Broadway Parking Lot. Questions regarding how the value of land was determined for Mr. George Dress property. Mr. Dave Frank, 113 Eastgate, stated Concern for safety of children playing in the parks, requested fencing to be placed along roadway at all parks, especially Eastgate Park. Councilor Olson to take this issue to the Park & Recreation Board. Mr. Tony Trow, 522 Park Avenue, stated: Concerns regarding the mean spirited article regarding the city and the sewer rates. We need to provide a united front on economic development. Mr. Bruce Manwarren, 410 Elizabeth, stated: Concerns regarding the dirt and rocks that are left on his property following the repair of the lift station on Pearl Street. Mr. Mike Murtaugh, 313 Willamor Road, stated: Concerns regarding the 2009 Tax Levy, requested a zero budget increase. Reviewed information from the LMC tax locator, stating that in 2002 Albert Lea had the lowest taxes and 2008 the highest taxes for surrounding communities. Mr. Jon Forman, 2404 Island View Dr., stated: Concerns regarding the snowplowing of West 9 th Street. Stated this is served by the Township but they do not plow any snow until later in the day and he has over 100 employees and needs this street plowed early in the morning. Mr. Harold Kamrath, 326 Glenn Road, stated: Requested that the pre-agenda meetings be televised. Questions regarding the detailed information on the control register within the budget. 8. ADJOURNMENT 8:50 P.M. Councilor Marin moved and Councilor Olson seconded that there being no further business, the council meeting be adjourned at 8:50 p.m., until the next regular meeting of the Albert Lea City Council at 7:00 p.m. on Monday, October 13, 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 22, Secretary of the Council Mayor Randall Erdman