Albert Lea, MN

January 26, 2004

Reverend Curt Zieske, Trinity Lutheran Church, offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:30 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The Pledge of Allegiance was recited.

(b) LICENSES APPROVED:

ANNUAL LICENSES

FOOD AND BEVERAGE

Ayanah's, 2510 Bridge Avenue, Section B-4, Albert Lea

TREE TRIMMER

Lumberjack Tree Service, Inc., 11779 565th Avenue, Wells, MN

TEMPORARY LICENSE

FOOD AND BEVERAGE

Freeborn County Port Producers for the Minnesota Spring Barrow Show on February 6 and 7, 2004 at the Freeborn County Fairgrounds

(c) RESOLUTION 04-16 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-16 approves a Minnesota Lawful Gambling Application for Exempt Permit for raffle operations on April 17, 2004 for St. Theodore’s Catholic Church at the Fairlane Building at the Freeborn County Fairgrounds.

(See Secretary’s Original Resolution 04-16 included with these minutes.)

(d) RESOLUTION 04-17 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-17 approves a Minnesota Lawful Gambling Application for Exempt Permit for raffle operations on April 23, 2004 for the Evangelical Lutheran Good Samaritan Society at the Good Samaritan Center, 75507 240^th Street.

(See Secretary’s Original Resolution 04-17 included with these minutes.)

(e) RESOLUTION 04-18 ADOPTED – LAWFUL GAMBLING APPLICATIONS: Resolution 04-18 approves Minnesota Lawful Gambling Application for Exempt ermits for raffle operations for Freeborn County Ducks Unlimited at the National Guard Armory, 410 Prospect Avenue, on April 3, 204, at the Freeborn County Fairgrounds, 1029 Bridge Avenue, on August 21, 2004, at the Elks Lodge, 1811 S.E. Broadway, on September 9, 2004 and at the American Legion Club, 142 North Broadway, on October 9, 2004.

(See Secretary’s Original Resolution 04-18 included with these minutes.)

(f) RESOLUTION 04-19 ADOPTED – APPROVING A CONTRACT WITH SAFE ASSURE: Resolution 04-19 approves a contract with Safe Assure Consultants for OSHA training services for 2004 at a cost of $7845.

(See Secretary’s Original Resolution 04-19 included with these minutes.)

(g) RESOLUTION 04-20 ADOPTED – APPROVING A CONTRACT WITH ALBERT LEA HOCKEY SCHOOLS: Resolution 04-20 approves a contract with Albert Lea Hockey Schools for rental of ice time at the City Arena from July 20, 2004 through July 30, 2004, at a cost of $5200.

(See Secretary’s Original Resolution 04-20 included with these minutes.)

(h) RESOLUTION 04-21 ADOPTED – CALLING A PUBLIC HEARING ON MISCELLANEOUS ASSESSMENTS: Resolution 04-21 calls a public hearing for the adoption of miscellaneous assessments roll 45 for February 23, 2004.

(See Secretary’s Original Resolution 04-21 included with these minutes.)

(i) RESOLUTION 04-22 ADOPTED – CLAIMS: Resolution 04-22 presents the financial claims of the City.

(See Secretary’s Original Resolution 04-22 included with these minutes.)

Councilor Amundson moved, Councilor Marin seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.

City Manager Sparks explained that the Freeborn County Historical Museum is requesting additional funding for 2004 in the amount of $3000.

Bev Jackson, Executive Director of the Freeborn County Historical Museum, thanked the Council for hearing the request for additional funding. She explained that funds are needed for operating expenses including increased insurance costs, a new copier and carpeting.

Councilor Marin moved, Councilor Fjelstad seconded, that the request for additional funding be denied.

Council discussion included the fact that the museum was granted additional funding in 2003 with the understanding that no additional funding would be available in 2004, unappropriated funds in the Council budget for unforeseen requests for funding and funding provided to other organizations through the CVB budget.

After Council discussion, Councilor Marin requested consent of the second to rescind his motion to deny the request and Councilor Fjelstad consented. Councilor Kron moved, Councilor Erdman seconded, that Resolution 04-23, allocating additional funding in the amount of $3000 to the Freeborn County Historical Museum for operating expenses. On roll call vote, all councilors voted in favor of said motion with the exception of Mayor Eaton who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-23 included with these minutes.)

City Manager Sparks noted that the Albert Lea Art Center has requested permission to hold its Annual Art Fair in New Denmark Park on September 11, 2004 between 8 a.m. and 5 p.m. with set-up the night before.

Councilor Fjelstad moved, Councilor Brooks seconded, that the request of the Albert Lea Art Center to use New Denmark Park for its Annual Art Fair on September 11 be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and permission granted.

Mayor Eaton opened a public hearing for the vacation of a portion of Katherine Street. The necessary notice for this hearing was published on January 19, 2004. City Manager Sparks stated that this ordinance vacates a portion of Katherine Street adjacent to 702 East Main Street to clear a title cloud.

There was no public discussion. On roll call vote, all Councilors voted in favor of Ordinance 72, 3d. Mayor Eaton declared the motion carried, the public hearing closed and the ordinance enacted.

(See Secretary’s Original Ordinance 72, 3d included with these minutes.)

Mayor Eaton opened a public hearing for the acceptance of the Minnesota Office of Strategic and Long Range Planning annexation order for property owned by Freeborn-Mower Cooperative Services in Sections 1 and 12-T102N-R21W (the former Starlight Drive-In Theatre property). The necessary notice for this hearing was published on January 19, 2004.

There was no public discussion. On roll call vote, all Councilors voted in favor of Ordinance 73, 3d. Mayor Eaton declared the motion carried, the public hearing closed and the ordinance enacted.

(See Secretary’s Original Ordinance 73, 3d included with these minutes.)

City Manager Sparks reported that this ordinance vacates Lakeview Circle in Section 8-T102N-R21W on petition of the owners of adjacent property. He noted that we will retain easements for existing utilities in the street.

Councilor Erdman introduced Ordinance 74, 3d. Ordinance 74, 3d will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 74, 3d included with these minutes.)

City Manager Sparks commented that Albert Lea Township has conducted an informal polling of residents in Government Acres Subdivision which lies north of C.S.A.H. 46 and east of I-35. The result of the polling is that the residents wish to be annexed. He noted that the owners of property in Lots 1 and 2 have requested their property be zoned Planned Development with the remaining properties zoned residential. Mr. Sparks suggested that the City Council move and second approval of the orderly annexation and that the resolution then be held over for a public hearing at the next Council meeting. This will permit the staff to notify property owners of the opportunity to speak to the zoning issue.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 04-24, approving orderly annexation of Government Acres, be approved. The resolution will lay over for a public hearing and vote at the next regular City Council meeting on February 9, 2004.

(See Secretary’s Original Resolution 04-24 included with these minutes.)

City Manager Sparks explained that he is recommending level payments of $11,500 per month for 2004 based upon 2003 receipts.

After Council discussion, Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 04-25, authorizing level payments to the Convention and Visitors Bureau in the amount of $11,500 per month for 2004, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-25 included with these minutes.)

City Manager Sparks reported that this resolution authorizes a contract with Short-Elliott-Hendrickson to perform the Phase II Remedial Investigation of the Farmland site at an estimated cost of $127, 097. He noted that this is a necessary step in the evaluation of the subterranean pollution and will be required by the Minnesota Pollution Control Agency. Once this study is complete, the City will have a better idea of exactly what needs to be done in the actual cleanup. This will also be a necessary work item to have in place if the City is to pursue grants for the cleanup. He recommended that the City Council authorize staff to apply for grant funds.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-26, authorizing a Phase II Remedial Investigation contract with Short Elliott Hendrickson for the Farmland site at an estimated cost of $127,097, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointments confirmed.

(See Secretary’s Original Resolution 04-26 included with these minutes.)

City Manager Sparks told the Council that he is recommending the following tax increment finance fund transfers:

$ 3,250 from TIF 5-1 to the General Fund to repay advances

11,200 from TIF 5-4 to the TIF Bond Fund

25,200 from TIF 5-5 to the TIF Bond Fund

45,900 from TIF 5-6 to the TIF Bond Fund

18,600 from TIF 5-7 to the General Fund to repay advances

6,000 from TIF 5-8 to the General Fund to repay advances

2,700 from TIF 5-12 to the General Fund to repay advances

3,900 from TIF 6-1 to the General Fund to repay advances

$ 7,300 from TIF 5-10 to B & S Wright Leasing (pay as you go)

600 from TIF 5-10 to the General Fund to repay advances

3,700 from TIF 7-1 to the Albert Lea Continuum of Care

600 from TIF 7-1 to the Albert Lea Port Authority (pay as you go)

9,500 from TIF 5-11 to the General Fund to repay advances

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 04-27, authorizing tax increment finance fund transfers, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 04-27 included with these minutes.)

Mayor Eaton explained that the field of applicants for the City Manager position has been narrowed to five candidates and that these individuals will be coming to Albert Lea on February 6 and 7 for interviews. The list of candidates to be interviewed includes:

Ed Geick, Marshalltown, IA

Clinton Gridley, Cedarburg, WI

David Haugland, Nevada, IA

Jeff Pederson, Vermillion, SD

Victoria Simonsen, Fort Morgan, CO

Mayor Eaton also noted that the last Albert Lea Listens listening session will be held at the Kiwanis Club meeting on Monday, February 2, the expanded Albert Lea Commercial Historic District has been entered into the National Register of Historic Places and thanked and congratulated Bill Schmitt, the Assistant City Manager, on his retirement after 38 years will the City.

Second Ward, Councilor Erdman:

(1) Commended the City Councilors, the Mayor, the City Manager and the City Attorney for the extra effort they put into the five hour workshop meeting last Thursday.

Third Ward, Councilor Marin:

(1) Requested staff check the railroad crossing at Wedgewood Road noting that it is in bad condition.

Sixth Ward, Councilor Brooks:

(1) Asked Steve Jahnke and Parks and Recreation to coordinate with the Rotary Club in cleaning up the trail on the peninsula near Frank Hall Park next spring. City Manager Sparks noted that that area is designated as a natural habitat and clean up will probably not be permitted. Park benches may be permitted on a limited basis.

Truman Thrond, 205 South Lane, explained that he owns rental property on the north side of the City. The City shut off the water in one of his units and he wasn’t notified that the water was about to be turned off. He requested that the staff turn on the water without a fee and that the City look at the policy to include a notice to the property owner. Mr. Sparks reminded Mr. Thrond that he can change the bill to his name and collect from his tenant thereby avoiding this penalty.

Roger Bok, 1012 Cato Drive, asked why the Historical Museum doesn’t go to the County to request funding which could be assessed to each property owner. He complained that he had requested a transcript of portions of the last Council meeting and had been charged $10.75 which he felt was unfair. City Manager Sparks told Mr. Bok that he received a transcript not minutes which requires that a person transcribe the portions requested. He noted that State Statutes require minutes be available within two days of the meeting. Mr. Sparks asked which statute requires this.

Mayor Eaton declared Mr. Bok out of order and recessed the meeting.

Mayor Eaton then reconvened the meeting and called for adjournment.

Councilor Amundson moved, Councilor Brooks seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, February 9, 2004. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested January 27, 2004.

 /S/ Sandi Behrens                                                              /S/ Jean Eaton                                                         

Secretary of the Council                                                    Mayor