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, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The Pledge of Allegiance was recited.

ANNUAL LICENSES

FOOD/BEVERAGE

Cup of Faith, 709 Algon Street

Mexico Lindo Restaurant, 804 East Main Street

 

LODGING AND BOARDING HOUSE

Fountain Centers Board and Lodge, 408 Fountain Street

OFF-PREMISES LIQUOR

Aragon Bar, 130 West College, for a Christmas party on December 6,     

     2003 at the Freeborn County Fairgrounds

Aragon Bar, 130 West College, for a Christmas party on December 13,      

     2003 at the Freeborn County Fairgrounds

(c) RESOLUTION 03-222 ADOPTED – APPROVES LAWFUL GAMBLING APPLICATION: Resolution 03-222 approves the Minnesota Lawful Gambling Permit renewal for the Moose Lodge, 328 East Main Street.

(See Secretary's Original Resolution 03-222 included with these minutes.)

(d) RESOLUTION 03-223 ADOPTED – APPROVES LAWFUL GAMBLING APPLICATION: Resolution 03-223 approves the Minnesota Lawful Gambling Lease for Lawful Gambling Activity Application for the Albert Lea Amateur Hockey Association for operations at Mexico Lindo Restaurant, 804 East Main Street.

(See Secretary’s Original Resolution 03-223 included with these minutes.)

(e) RESOLUTION 03-224 ADOPTED – APPROVING A COMBINATION OF LOTS OF RECORD: Resolution 03-224 approves an administrative survey of lots of record in Hills Addition and the NE ¼ SW ¼ of Section 33 for Randy Giebel.

(See Secretary’s Original Resolution 03-224 included with these minutes.)

(f) RESOLUTION 03-225 ADOPTED – AUTHORIZING QUIT CLAIM DEED TO SHARON ASTRUP-SCOTT: Resolution 03-225 authorizes a quit claim deed to Sharon Astrup-Scott for the dead end section of Court Street.

(See Secretary’s Original Resolution 03-225 included with these minutes.)

(g) RESOLUTION 03-226 ADOPTED – AUTHORIZING VACATION OF UNUSED UTILITY EASEMENTS: Resolution 03-226 authorizes vacation of utility easements in the Trails Subdivision to permit further development of the property.

(See Secretary’s Original Resolution 03-226 included with these minutes.)

(h) RESOLUTION 03-227 ADOPTED - CLAIMS: Resolution 03-227 presents the financial claims of the City.

(See Secretary's Original Resolution 03-227 included with these minutes.)

Councilor Marin moved, Councilor Brooks 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.

Mayor Eaton opened a public hearing to consider the adoption of Miscellaneous Assessments Roll 44. The necessary notice for this hearing was published on November 12, 2003. No one appeared to be heard.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-228, adopting Miscellaneous Assessments Roll 44, be approved. On roll call vote, all Councilors voted in favor of Resolution 03-228. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-228 included with these minutes.)

City Manager Sparks reported that Kraus Foods has requested an amendment to its Planned Unit Development for the store at 1311 West Front Street to permit the construction of a three-stall self-serve car wash at that location.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that the request of Kraus Foods for an amendment to its P.U.D. be referred to the Advisory Planning Commission for consideration and recommendation. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request referred.

Jim Brimeyer of the Brimeyer Group presented the draft profile for the City Manager Search to the City Council. He explained the method used to collect the data included in the profile and requested any changes be made at the meeting to permit publication of the job on December 1.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that the Brimeyer profile be approved with changes indicated. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the profile approved.

Mayor Eaton nominated Roger Lonning to the Library Advisory Board to replace Richard Vanderwaerdt. Councilor Kron moved, Councilor Erdman seconded, that the appointment be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointment confirmed.

The City Engineer has made the final payment and final project costs have been compiled for Job 0232, traffic signal at Blake Avenue and East Main Street at a total project cost of $239,464.20 with an assessable cost of $239,464.20, and Job 0328, street lighting on Blake Avenue (East Main Street to T.H. 65), Hendrickson Road and Leland Drive at a total project cost of $44,736.36, with a City cost of $17,165.04 and an assessable cost of $27,571.32. The City Manager is recommending the Council call for a public hearing for the adoption of assessments.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-229, calling for a public hearing for the adoption of assessments for Jobs 0232 and 0328 on December 22, 2003, be approved. On roll call vote, all Councilors voted in favor of Resolution 03-229. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-229 included with these minutes.)

City Manager Sparks told the Council that changes in the state property tax law by the State Legislature dramatically reduced taxes collected under the TIF districts. The result was that the City fell short of sufficient money to pay off its tax increment finance bonds issued to support the projects included in Tax Increment Finance Districts 5-4, 5-5 and 5-6. The state is permitting the extension of the termination date for districts adversely affected by the changes. Mr. Sparks is recommending that the City Council conduct a public hearing for this purpose.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 03-230, calling a public hearing for the extension of Tax Increment Finance Districts 5-4, 5-5 and 5-6 be called for December 22, 2003. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing called.

(See Secretary’s Original Resolution 03-230 included with these minutes.)

City Manager Sparks explained that the City Council authorized the purchase of right-of-way from the Minnesota Department of Transportation with the intent to sell the property to Al Larson at a cost of $70,300, the purchase price of the property, an appraisal and a survey. Mr. Sparks is also recommending retaining several small strips of the property for expansion of existing right-of-way and requiring the purchaser to provide us with additional right-of-way to permit an expansion of the width of the road if necessary.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 03-231 authorizing the sale of land to Al Larson at a cost of $70,300 with the conditions noted above, 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 03-231 included with these minutes.)

City Manager Sparks requested that the City Council authorize the purchase of two pieces of equipment for use by the City Garage. The total estimated cost for the equipment is $85,000 and includes a Bobcat skid loader on tracks with an articulated swing arm and a Vermeer High CFM vacuum excavation system used to dig holes in areas with other utilities in the vicinity. The equipment permits the City to dig trenches faster and not damage fiber optic cable, gas lines and electrical service that may be in the area.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-232, authorizing the purchase of equipment described by the City Manager, 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 03-232 included with these minutes.)

City Manager Sparks reported that a feasibility report had been completed for Job 0323, storm sewer improvements at the intersection of Frank Hall Drive and Eighth Street at an estimated cost of $30,000. The residents are experiencing storm water runoff and washing out part of the shoreline behind the homes.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 03-233, ordering storm sewer improvements at the intersection of Frank Hall Drive and Eighth Street (Job 0323), 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 03-233 included with these minutes.)

City Manager Sparks informed the Council that Kyle and Rosemary Olson, owners of property at 702 East Main Street, are in the process of selling that property and have encountered a title problem. They are requesting vacation of the footprint of the building in Katherine Street and that due to the fact that the vacation process is quite extensive and time consuming, the closing on the sale of the property would be delayed. Mr. Sparks suggested the Council grant permission to the Olson’s and their successors to use the public right-of-way until such time as the vacation process is complete.

After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-234, granting permission to use public right-of-way, 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 03-234 included with these minutes.)

Councilor Kron moved, Councilor Amundson seconded, that the City Clerk be directed to begin the vacation process. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Sparks explained that the Fraternal Order of Eagles has requested permission to use the alley and parking lot and street adjacent to the Eagles Clubrooms for the Eagles Cancer 5^th Annual Drive-By Fund-Raising project on January 10, 2004 between 8 a.m. and 4 p.m.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that the request of the Eagles Club for its 4^th Annual Drive-By Fund-Raising project 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:

(1) Announced that the City has just received a 2002 water fluoridation quality award and thanked Don Eckart and his crew for the work they did on that.

(2) Thanked the Street Department, Paul Jerdee and staff, for setting up for the parade on Friday night.

(3) Thanked the Park and Recreation Department for decorating the downtown trees and the community Christmas tree set-up.

(4) Thanked the Public Library and everyone involved in the first Albert Lea Reads.

(5) Happy Thanksgiving!

First Ward, Councilor Amundson:

(1) Wished everyone a happy and safe Thanksgiving.

Second Ward, Councilor Erdman:

(1) Requested the street sweeper go out to the 900 block of Cedar Avenue

Third Ward, Councilor Marin:

(1) Wished everyone a happy Thanksgiving.

(2) Announced that he would be singing in the parade on Friday night.

(3) Announced that the repairs on the tracks by the trailhead are fantastic.

(4) Noted that in the budget workshops Councilor Amundson suggested that perhaps we shouldn’t have any Council travel during tighter times and he suggested formally that the Council cut down on travel to national conferences to reduce expenses in 2004.

Sixth Ward, Councilor Brooks:

(1) Thanked the Engineering Department for efforts on the storm sewer problem on Frank Hall.

Councilor Amundson 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 Monday, December 8, 2003. 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 November 25, 2003.

_/S/ Sandi Behrens________________                                            _/S/ Jean Eaton____________________

Secretary of the Council                                                                         Mayor