Albert Lea, MN                                                                                                 October 9, 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 SEPTEMBER 25, 2000.

(b) RESOLUTION 00-187 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-187 approves a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Freeborn County Ladies Ducks Unlimited to conduct a raffle at the Elks Club, 1811 SE Broadway, on October 14, 2000.

(See Secretary’s Original Resolution

00- 187 included with these minutes.)

(c) CALLS A PUBLIC HEARING FOR THE TRANSFER OF THE ON-SALE INTOXICATING LIQUOR LICENSE AND SUNDAY ON-SALE INTOXICATING LIQUOR LICENSE FOR ANDY’S ROADHOUSE BAR AND GRILL, INC. FROM 137 EAST CLARK STREET TO 2301 EAST MAIN STREET FOR MONDAY, OCTOBER 23, 2000.

(d) RESOLUTION 00-188 ADOPTED – APPROVING TAX INCREMENT AGREEMENT: Resolution 00-188 approves a Tax Increment Agreement with the Albert Lea Port Authority for tax increment proceeds for the Port Authority’s new building.

(See Secretary’s Original Resolution

00- 188 included with these minutes.)

(e) RESOLUTION 00-189 ADOPTED – APPOINTING DATA PRACTICES COMPLIANCE OFFICIAL: Resolution 00-189 appoints the City Manager as the City’s Data Practices compliance official to receive questions and concerns regarding problems in obtaining access to data or other data practices problems in the City of Albert Lea.

(See Secretary’s Original Resolution

00- 189 included with these minutes.)

(f) RESOLUTION 00-190 ADOPTED - CLAIMS: Resolution 00-190 presents the financial claims of the City.

(See Secretary's Original Resolution

00-190 included with these minutes.)

Councilor Amundson moved, Councilor Mathison 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.

Mayor Wangen opened a public hearing required for compliance with a state statute regarding property tax increases. He noted that the hearing is an opportunity to comment about the proposed tax rate increase for the 2001 Budget and that it would be necessary for the City Council to adopt a resolution stating that it intends to increase the tax rate.

There was no public discussion. City Manager Sparks explained that the increase would be from 24.218 percent to 25.437 percent for year 2001. After Council discussion, Councilor Mathison moved, Councilor Sorenson seconded, that Resolution 00-191, indicating the Council’s intent to increase the tax rate for year 2001, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution

00- 191 included with these minutes.)

RESOLUTION 00-192 ADOPTED – WAIVING INTEREST ON DEFERRED ASSESSMENT

Mayor Wangen explained that this resolution waives interest on a deferred assessment for property owned by Gladys Roberts on West 11^th Street and also South Broadway. He noted that the property has been used as a pasture and is quite low and floodable. He also stated that by waiving the accumulated interest on the properties that Ms. Roberts may be able to sell the property.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 00-192, waiving interest on the deferred assessment for Jobs 8014, 8015 and 8302, 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

00-192 included with these minutes.)

Mayor Wangen stated that this resolution would waive the assessments and prior taxes on Mitch’s Gas Station at 726 Fountain Street. He noted that this location was sold at auction by the County for tax forfeited property. The new owners are requesting that the City waive its rights to any unpaid taxes or assessments.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-193, waiving the City’s right to any unpaid taxes, assessments and interest to date on the property at 726 Fountain Street, 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

00-193 included with these minutes.)

Mayor Wangen stated that the Planning Commission had considered the preliminary plat of the Brandt Addition and is recommending approval of the preliminary and final plat of Brandt Addition to the City Council.

Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-194, approving the preliminary and final plat of Brandt Addition with conditions specified by the Planning Commission, 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

00-194 included with these minutes.)

City Manager Sparks explained that this resolution approves quotes for the Clark Street overlay.

Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-195, accepting the quote of Ulland Bros. at a cost of $8,595.00, 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

00-195 included with these minutes.)

City Manager Sparks explained that this resolution approves bids for the replacement of the West Main watermain. He noted that the City had significant problems with the watermain breaking and eventually shut it down. The City is currently relying on a by-pass through other neighborhoods creating a poor situation and he recommends Council approval to replace the watermain.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that Resolution 00-196, accepting the bid of Sorenson Bros., Inc. in the amount of $83,120.50 for the replacement of 450 feet of watermain at the intersection of TH 69, TH 13 and CSAH 46 (Job 2008), 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

00-196 included with these minutes.)

City Manager Sparks explained that until the City’s bond issue is sold at the end of the month, it is necessary to transfer funds within the Revolving Fund. The transfer is from the Revolving Fund Debt Service, Fund 30, to the Revolving Fund Construction Account, Fund 50. The transfer would be in the amount of $180,000.00 to cover costs that the City has incurred for current construction. Mr. Sparks noted that the money will be repaid when the bond issue is sold and we have closing.

After Council discussion, Councilor Brooks moved, Councilor Mathison seconded, that Resolution 00-197, approving the fund transfer outlined by the City Manager, 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

00-197 included with these minutes.)

City Manager Sparks explained that it is necessary for the City to make two salary adjustments to stay in compliance under comparable worth. He is recommending the Young Adult Librarian position be increased $58.00 per month and the Children’s Librarian position be increased by $38.00 per month. The increases would be effective October 1 and would assure compliance with comparable worth.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-198, approving the salary adjustments for comparable worth described by the City Manager, 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

00-198 included with these minutes.)

REQUEST FOR VACATION REFERRED TO STAFF

City Manager Sparks explained that the City had received a request to vacate a portion of an alley between Lots 8 and 9, Block 14, in Railroad Addition. He is recommending the Council refer this request to staff for review and recommendation.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that the request for vacation in Block 14 of Railroad Addition be referred to staff. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the vacation referred.

UNLISTED ITEMS

Mayor Wangen stated that Councilor McPherson has served on the Family Services Collaborative Board and has agreed to a reappointment to that seat. He is requesting Council confirmation of that reappointment.

Councilor Mathison moved, Councilor Sorenson seconded, that Councilor McPherson be reappointed to the Family Services Collaborative Board. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who abstained. Mayor Wangen declared the reappointment confirmed.

WARD ITEMS

Second Ward, Councilor McPherson:

a) Stated that he had received a complaint about the structure at 518 Water Street. He noted that the residence is uninhabitable and questioned whether the property could be brought up to minimum housing standards or whether demolition proceedings should occur.

Third Ward, Councilor Mathison:

a) Questioned what happened with the Gazebo in Fountain Lake Park.

City Manager Sparks explained that the concrete work done by the contractor was inferior and that the City had rejected the work. It is therefore necessary that the slab be removed and repoured.

Fourth Ward, Councilor Sorenson:

a) Noted that there are cars parked in the front yard at 917 Bridge Avenue.

b) Stated that he has received comments about the street lights on Lakeview Boulevard being too bright and questioned what action could be taken.

City Engineer Olson stated that the City would have to replace the ballast and lamp and that there would be some cost involved.

City Manager Sparks recommended that the City wait to see if the natural dimming takes care of the problem.

Fifth Ward, Councilor Kron:

a) Stated that she had received a request from the Barber Shop at 218 W. Clark Street for a 30-minute parking stall at that location. She noted that employees of the County Human Services Office are parking in front of the businesses in this area and that there is little parking for customers.

Sixth Ward, Councilor Brooks:

a) Noted that he has received questions from business owners in the downtown area regarding the upstairs apartment tenants using the parking stalls on Broadway.

b) Received a comment from an resident on Kenneth Drive in appreciation of the Public Works Department.

PUBLIC ITEMS

Barbara Jensen, 412 Elizabeth, appeared before the City Council on her son’s behalf. She noted that her son had appeared before the Council at the previous meeting and had requested a street named after his Grandmother, Bette Berg. He then revised his request to a renaming of the Park on West Park Boulevard to "Bette Berg Park". Ms. Jensen presented a petition collected by her son from residents in the immediate area for the proposed name change.

After Council discussion, Councilor McPherson moved, Councilor Mathison seconded, that this petition and request be referred to the Albert Lea Advisory Park and Recreation Board for consideration and recommendation. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the item referred.

ADJOURNMENT – 7:58 P.M.

Councilor Mathison 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, October 23, 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 10, 2000.

_______________________                             _____________________________

Secretary of the Council                                         Mayor