Albert Lea, MN                                                             October 23, 2000

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 Marvin Wangen.

ROLL CALL

Present were Councilors Warren Amundson, David McPherson, Donald Mathison, Ron Sorenson, Mary Kron, Al Brooks and Mayor Marvin Wangen. Also present were City Manager Paul Sparks, Public Works Director David Olson, City Attorney Steven Schwab, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF OCTOBER 9, 2000.

(b) LICENSES AND BONDS APPROVED:

Albert Lea Tattoo Co., 1034 South Broadway

James E. Finseth, Box 182, Route 1, Hollandale

Maitha Hazeibi d/b/a Albert Lea Tobacco, 1701 West Main Street

Andy’s Roadhouse Bar & Grill, 2301 East Main Street

Andy’s Roadhouse Bar & Grill, 2301 East Main Street

Andy’s Roadhouse Bar & Grill, 2301 East Main Street

Andy’s Roadhouse Bar & Grill, 2301 East Main Street

Andy’s Road House Bar & Grill, 137 East Clark Street, at the Armory on October 7, 2000

Aragon Bar, 130 West College, at the Armory on October 28, 2000

Riverland Community College, 2200 Tech Drive, at the Elks on December 7, 2000

(c) CALLS A PUBLIC HEARING FOR THE TRANSFER OF THE PALACE BAR OF ALBERT LEA LIQUOR LICENSES TO THE ZOO OF ALBERT LEA, INC. FOR NOVEMBER 13, 2000.

(d) RESOLUTION 00-199 ADOPTED – CALLING A HEARING ON MISCELLANEOUS ASSESSMENTS: Resolution 00-199 calls a public hearing for Miscellaneous Assessments Roll 27 for November 27, 2000.

(See Secretary’s Original Resolution

00- 199 included with these minutes.)

(e) RESOLUTION 00-200 ADOPTED - CLAIMS: Resolution 00-200 presents the financial claims of the City.

(See Secretary's Original Resolution

00-200 included with these minutes.)

Councilor Mathison moved, Councilor Brooks seconded, that the consent agenda items be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the consent agenda items adopted.

LIQUOR LICENSE TRANSFERS – ANDY’S ROADHOUSE – PUBLIC HEARING

Mayor Wangen opened a public hearing on the transfer of the On-Sale and Sunday On-Sale Intoxicating Liquor Licenses for Andy’s Roadhouse Bar & Grill from 137 E. Clark Street to 2301 E. Main Street. There was no public discussion.

Councilor Kron moved, Councilor Amundson seconded, that the transfer of the Sunday On-Sale and On-Sale Intoxicating Liquor Licenses for Andy’s Roadhouse from 137 E. Clark to 2301 E. Main Street, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the license transferred.

AUTHORIZATION FOR CO-APPLICATION FOR ALBERT LEA LAKE AERATOR APPROVED

Mayor Wangen stated that the City had received a request from the Fountain Lake Sportsman’s Club and Albert Lea Lake Improvement Committee for a City application for a permit to install an aerator unit in the Albert Lea Lake channel between the Front Street bridge and the first railroad trestle.

Bruce Haugsdal, 2117 Kenneth Drive, appeared before the City Council on behalf of the request. He explained that the group currently has six hundred names on a petition in support of this aerator. He explained that the group intends to start small with the one aerator this winter and that they have been informed that DNR funds may be available for this project. Mr. Haugsdal explained the committee’s preference for a cascading type aerator but that a bubbler would work. He noted that the oxygen levels were dangerous low last winter and that we almost experienced a fish kill. The group is interested in avoiding a fish kill. He explained that the group will also be petitioning the County Board for permits in other areas of Albert Lea Lake.

Discussion centered around the liability issues, the group’s interest in the City applying for the permit as opposed to the County application and the length of time required for permit approval prior to installation. City Manager Sparks explained that the County will need to agree to the application and perhaps even the State Park officials. Councilor Sorenson questioned whether the City would be skirting the County Watershed Committee and suggested that the permit applications should be coordinated by the County Group. Mr. Haugsdal noted that the City owns the surrounding land and has electricity available, everything needed to begin the aeration at that site. The group also intends to go to the County for support. Additional discussion included the fact that the aerator could not be installed without County support, cascade versus bubbler aeration and a need for signage at all access points.

Rodger Nelson, a member of the group requesting the aerator installation, noted that he had contacted the Lanesboro Department of Fisheries and that they are interested in the aerator. He noted that the group would do whatever is required by the DNR and that the Department of Fisheries has found companies that could provide the systems. Additional Council discussion centered around the fact that the Council did not wish to undermine the County authority and a need to initiate some action if the project is to be completed this fall. Councilor Amundson moved that the Council allow itself to be a co-applicant subject to County agreement for the aerator in the Albert Lea Lake channel between the Front Street bridge and the first railroad trestle. Councilor Brooks seconded that motion.

On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Sorenson who voted nay. Mayor Wangen declared the motion carried.

REQUEST FOR USE OF PARKING STALLS APPROVED

Mayor Wangen stated that Tone Music, 114 South Broadway, has requested permission to block five stalls in front of the store on October 25 for a special music event. After Council discussion, Councilor McPherson moved, Councilor Kron seconded, that the request of Tone Music to block five stalls in front of its store at 114 South Broadway on October 25 for a special music event, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the event authorized.

REQUEST FOR SKATE PARK LIMITATIONS TABLED TO NEXT MEETING

Mayor Wangen stated that he had received a letter from Richard Ackland and Rod Farr, the developers of the project adjacent to the proposed Skate Park location, requesting the Council limit the park to a Tier-I park with hours no later than 10 P.M. and minimum lighting usage. The Mayor explained that the Tier-I Park is similar to Austin’s with jumps no higher than three feet. He noted that the Council needs to contact the organization to learn of its desires with regards to the park. City Manager Sparks explained that a Tier-II park requires insurance, supervision and fencing where a Tier-I park requires no insurance, no supervision and no fencing. He noted that a Tier-I park is a low cost passive facility. He further explained that the City could do the concrete work at less cost. City Engineer Olson stated that the staff would install a gravel base and let the base sit through the winter with concrete poured next spring. The Council indicated an interest in a fencing provision regardless of whether the park is a Tier-I or Tier-II and noted that the previous action required supervision of the park. Councilor Sorenson noted that he had intended with his previous motion to include a requirement that any work be done after the agreement with the Skate Park Association was complete. He noted that the area could be utilized for picnicking and many other purposes.

After Council discussion, Councilor Mathison moved, Councilor Sorenson seconded, that the request for limitations be tabled to the next meeting to permit a chance for the association’s input. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the item tabled to the Council’s next regular meeting on November 13.

PARK AND REC BOARD ACTION UPHELD

Mayor Wangen stated that the City’s Park and Recreation Board had discussed the issue of renaming Park Avenue Park for Bette Berg. He noted that the Board is recommending that the park not be renamed and that they are discussing development of a policy which would be recommended to the Council including a provision that no park be named after an individual or family because of possible complications resulting from that policy.

After Council discussion, Councilor Sorenson moved, Councilor Mathison seconded, that the Council concur with the Park and Rec Board’s recommendation and that the request for the renaming be declined. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who voted nay. Mayor Wangen declared the motion carried.

Councilor McPherson stated that he understood that a petition had been circulated in the area and that he had not seen it.

RESOLUTION 00-201 ADOPTED – RELATING TO THE SALE OF G.O. PIR FUND BONDS

City Manager Sparks explained that this resolution authorizes the sale of $2,315,000 in General Obligation Permanent Improvement Revolving Fund Bonds. He noted that a portion of the bonds will be used for City construction projects and that $570,000 will be used to refund an existing bond issue to obtain the cheaper interest rate. Myron Knutson, Evenson-Dodge, appeared before the City Council to explain the bidding process. He noted that the firm had accepted proposals from three bidders with the lowest and best bid from the group including Salomon Smith Barney, Morgan Stanley Dean Witter, Payne Webber, Inc., Oppenhiemer Funds and Cronin at 4.97 percent. He explained that the package includes a call feature in 2009 which provides an opportunity to refinance this issue if interest rates are lower at that time. He noted that the City had received a very positive rating from Moody’s of A-1 which explains the lower interest rates received.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-201, awarding the sale of $2,315,000 General Obligation Permanent Improvement Revolving Fund Bonds Series 2000, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-201 included with these minutes.)

City Manager Sparks explained that this resolution approves the low bid of Magney Construction of Excelsior in the amount of $539,700.00 for the west primary digester cover replacement at the Wastewater Treatment Plant (Job 2029). He noted that this was the cover that was severely damaged this year and that the Engineering Department is recommending the Council also accept alternate number 3 in the amount of $129,000 which guarantees the purchase price on a second digester cover which will be used in 2002 to replace the east digester cover.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that Resolution 00-202, accepting the bid of Magney Construction, Inc., of Excelsior in the amount of $539,700.00 for the west primary digester cover replacement at the Wastewater Treatment Plant and approval of a purchase option agreement with Parsons Engineered Products to insure that the east primary digester tan cover is similar to the first cover and to lock in the competitive pricing obtained through the bidding process at the time of replacement in 2002, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-202 included with these minutes.)

City Manager Sparks explained that this resolution accepts the streets and utilities installed by the developer in the Sundance Subdivision. He noted that the Developer’s Agreement provides that when the work is accepted that the City will accept ownership of the public improvements and future maintenance on the streets and utilities. The Engineering Department has reviewed the construction and feels that it has been completed according to the City specifications and is appropriate for City acceptance.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-203, accepting the site work relating to Job 9909 in the Sundance Subdivision and future maintenance of the public streets and utilities, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-203 included with these minutes.)

City Manager Sparks explained that this resolution accepts the site work relating to Job 9815 in Fountain Lake Pointe Subdivision. He suggested that the Council accept the site work and future maintenance of the public streets and utilities and reserve acceptance of maintenance on the north/south street until completed with a cul-de-sac as platted.

After Council discussion, Councilor Mathison moved, Councilor Sorenson seconded, that Resolution 00-204, accepting the site work outlined in the Fountain Lake Pointe Subdivision Development Agreement for future maintenance of the public streets and utilities assumed by the City with a reservation for acceptance of maintenance on the north/south street until completed with a cul-de-sac as platted, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-204 included with these minutes.)

UNLISTED ITEMS

Mayor Wangen stated that the Human Rights Commission is currently short one member and is recommending Council confirmation of his appointment of Yolanda Martinez to replace Joyce Johnson on the Human Rights Commission. Councilor Kron moved, Councilor Brooks seconded, that the appointment of Yolanda Martinez to the Human Rights Commission, be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the appointment confirmed.

WARD ITEMS

Second Ward, Councilor McPherson:

a) Stated that he had received a letter from Inspection regarding the house on Water Street and thanked them for this response.

Third Ward, Councilor Mathison:

a) Questioned whether the City would be installing the concrete slab for the Skate Park yet this fall. City Engineer Olson explained that it would probably be too late to pour the concrete this year but that the City could prep the site and pour next year which would be more favorable from an engineering standpoint.

ADJOURNMENT – 8:38 P.M.

Councilor Amundson moved, Councilor McPherson 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, November 13, 2000. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the meeting adjourned.

Filed and attested October 24, 2000.

________________________                                             _____________________________

Secretary of the Council                                                         Mayor