Albert Lea, MN                                                                                                                                                          October 28, 2002

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 Bob Haukoos.

Present were Councilors Warren Amundson, David McPherson, George Marin, Ron Sorenson, Mary Kron, Al Brooks and Mayor Bob Haukoos. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Public Works Director David R. Olson, Acting Council Secretary Allison Pelvit and representatives from KATE Radio and the Albert Lea Tribune.

The City Council recited the Pledge of Allegiance, held a moment of silence for Senator Paul Wellstone’s passing, and Councilor Marin recited the Serenity Prayer.

RESOLUTION 02-222 ADOPTED – CALLING A HEARING ON PROPOSED MISCELLANEOUS ASSESSMENTS (ROLL 39): Resolution 02-222 calls a public hearing on November 25, 2002 for miscellaneous assessments on unpaid water and sewer service charges and other miscellaneous expenses charged to property owners.

(See Secretary's Original Resolution 02-222 included with these minutes.)

RESOLUTION 02-223 ADOPTED – AUTHORIZING EXECUTION OF GRANT AGREEMENT: Resolution 02-223 authorizes the acceptance of the Minnesota Department of Natural Resources Grant in the amount of $3,000 for shoreline restoration near the old wastewater treatment plant on Albert Lea Lake.

(See Secretary's Original Resolution 02-223 included with these minutes.)

RESOLUTION 02-224 ADOPTED – CLAIMS: Resolution 02-224 presents the financial claims of the City.

(See Secretary's Original Resolution 02-224 included with these minutes.)

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

Mayor Haukoos opened a public hearing to consider a consumption and display permit for the Cubby Hole. The necessary notice for this hearing was published on October 17, 2002. There was no public discussion.

Councilor McPherson moved, Councilor Sorenson seconded, that the consumption and display permit for the Cubby Hole, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried, the license approved, and the public hearing closed.

Mayor Haukoos opened a public hearing to consider a grant application for funding from the Minnesota Department of Trade and Economic Development for the Lea Center housing project. The grant application, in the amount of $578,450, will allow the City to participate in the renovation of the Lea Center building into a housing development. The necessary notice for this hearing was published on October 17, 2002. There was no public discussion.

Councilor Kron moved, Councilor Marin seconded, that Resolution 02-225, authorizing the grant application to the Minnesota Department of Trade and Economic Development for the Lea Center housing project, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried, the resolution adopted, and the public hearing closed.

(See Secretary’s Original Resolution 02-225 included with these minutes.)

City Manager Sparks explained that the Lake Restoration Committee has requested that the City of Albert Lea participate with the County for funding $500,000 in fiscal 2003 for restoration of the lake system, primarily focusing on Albert Lea Lake.

Don Sorensen, Chairman of the Lake Restoration Committee and residing at 72823 – 220^th Street, stated that quality lakes are essential to attracting and maintaining quality employees to the area. Mr. Sorensen requested $150,000 in annual funding to clean area lakes. He also suggested that the City participate in a joint city-county task force to assist in the recruiting and coordination of volunteer efforts in order to accomplish the lake restoration project over a period of time.

Councilor Marin moved, Councilor Brooks seconded, that the request for 2003 funding for the Albert Lea Lake Restoration be tabled until after the November 4^th joint meeting with the County Commissioners. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion to table the matter carried.

City Manager Sparks told the Council that the City had received a request from Sharon Astrup-Scott to vacate a portion of Court Street between Adams Avenue and the railroad. The discussion centered on whether or not there were utilities in this section of street, which Dave Olson, City Engineer, indicated there were none.

Councilor Kron moved, Councilor Marin seconded, that the request for a street vacation on Court Street be tabled until the November 12^th Council meeting in order to make a more informed decision. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson, who voted ‘Nay’. Mayor Haukoos declared the motion to table the matter carried.

City Manager Sparks stated that it was necessary for the Council to call a special meeting for November 6, 2002 at 9:30 a.m. to hold a canvass of the General Election on November 5, 2002. City Manager Sparks stated that those members of the Council not up for re-election are the appropriate members to attend the canvass. City Clerk Sandi Behrens had previously suggested that Councilor Amundson, Councilor Marin, Councilor Kron, and Mayor Haukoos be in attendance at the canvass.

Councilor Marin moved, Councilor Amundson seconded, that the motion for the Council to hold a special meeting on November 6, 2002 at 9:30 a.m. for the purpose of canvassing the November 5^th General Election, be carried. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried.

City Manager Sparks explained that this resolution authorizes an orderly annexation of the roadway between Trail’s Truck Stop and County Highway 38. The owner of the Pro Trucking property, Dan DeBoer has requested that his previous petition for annexation of his property be withdrawn but the City is accepting the road from the County and requires annexation.

Councilor Sorenson moved, Councilor Kron seconded, that Resolution 02-226, authorizing orderly annexation of the roadway between Trail’s Truck Stop and County Highway 38, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 02-226 included with these minutes.)

City Manager Sparks explained to the Council that this resolution authorizes a maintenance agreement with the Minnesota Department of Transportation, which will allow payment by the State to the City for the State’s share of the cost of routine maintenance by the City on Trunk Highway 16 from Trunk Highway 65 East to Trunk Highway 35. There was no discussion on the matter.

Councilor Brooks moved, Councilor Kron seconded, that Resolution 02-227 authorizing the maintenance agreement with the Minnesota Department of Transportation, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 02-227 included with these minutes.)

City Manager Sparks stated that the City has reached a tentative agreement with Local 1018 of A.F.S.C.M.E.. He explained that the contract will be a three-year agreement. He also explained the various changes that were made to the present contract and that the union must approve the contract.

Councilor McPherson moved, Councilor Sorenson seconded, that Resolution 02-228 approving the contract with A.F.S.C.M.E. Local 1018, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 02-228 included with these minutes.)

City Manager Sparks told the Council that this resolution authorizes orderly annexation requested by Jack and Susan Kortan for property they own at West Ninth
Street and Highway 69 South. The Kortan’s intend to build a new home on this bare lot. This annexation is in addition to the previous property annexed into the City through Resolution 02-211.

Councilor Brooks moved, Councilor Marin seconded, that Resolution 02-229 authorizing orderly annexation of property at West Ninth Street and Highway 69 South, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 02-229 included with these minutes.)

City Manager Sparks explained that the development agreement for Job 0239 is an agreement between the City and the owner of the proposed Chapeau Shores Seventh Addition, Milron Development, L.L.C. for improvements including bituminous street, curb and gutter, storm sewer, stormwater detention pond, watermain, and sanitary sewer. The total cost of this project is $165,647.15. This agreement provides that the cost for the job would be assessed equally to the 13 parcels included in the development for an amount of $13,598.54 per parcel.

Councilor Marin moved, Councilor Brooks seconded, that Resolution 02-230 authorizing the development agreement for Job 0239, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 02-230 included with these minutes.)

City Manager Sparks told the Council that Daniel Donovan, 1507 Oakwood Drive, requested permission to replace approximately 100 feet of the existing retaining wall on Oakwood Drive facing Fountain Lake. There was no discussion.

Councilor McPherson moved, Councilor Amundson seconded, that Resolution 02-231, authorizing replacement of a retaining wall on City right-of-way, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 02-231 included with these minutes.)

Third Ward, Councilor Marin:

Sixth Ward, Councilor Brooks:

County Commissioner Dave Mullenbach, 322 Lloyd Pl., reminded the Council of the workshop meeting with the County Board to be held on November 4, 2002.

Don Johnson, a representative of Destination Albert Lea, invited the City to a program featuring speaker Michael Koop of the Minnesota Historical Society to be held at the Elk’s Club on October 29, 2002 at 7 P.M.

City Manager Paul Sparks stated that the date for the next regular Council meeting must be changed to Tuesday, November 12, 2002 in order to observe Veteran’s Day on November 11, 2002.

Councilor McPherson moved, Councilor Sorenson seconded, that the next regular meeting be held on November 12, 2002 in order to observe Veteran’s Day on November 11, 2002. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the date changed.

Councilor Brooks moved, Councilor Marin seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Tuesday, November 12, 2002. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the meeting adjourned.

Filed and attested October 29, 2002.

_______________________________                             ________________________________

Acting Secretary of the Council                                                 Mayor