Reverend Kip Jentoft, Our Father’s House, offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

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

The Pledge of Allegiance was recited.

(See Secretary's Original Resolution 04-229 included with these minutes.)

Councilor Brooks moved, Councilor Kron 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 Simonsen addressed questions and concerns expressed at the previous meeting as follows:

With regard to the request for signage at the Claussen/Giles intersection, Ms. Simonsen explained that the traffic at the intersection doesn’t warrant a stop sign and that the Engineering Department is not recommending any signage.

The staff has looked at the confusion on Blake Avenue from Wal-Mart south and will extend the white line to clarify the traffic pattern.

The Engineering staff is evaluating the request for a sidewalk on Fourth Avenue South and will prepare a feasibility report for Council review.

The engineering staff has looked at the intersection of Sixth Street and St. Joseph and has recommended no signage. Also, the staff looked at the intersection of Fifth Street and Virginia Place and finds that a traffic control device is not warranted.

With regard to the closing of Olson Drive, the City entered into an agreement with the Minnesota Department of Transportation and agreed to close Olson Drive. Barricades have been put up to prevent use as a through street.

Roger Bok, 1012 Cato Drive, noted that Ms. Simonsen had stated that the lean-to on the property next to his will remain. Mr. Bok provided photos showing that the lean-to had been constructed in the past year. Ms. Simonsen told Mr. Bok that the Inspection Department had looked at the lean-to and didn’t see any reason to have it removed. Mr. Bok told Ms. Simonsen that no permit for the construction was obtained and asked that it be removed. Mr. Bok told the Council that striping needs to be done on South Broadway near the railroad tracks. City Engineer Jahnke will look at this location. Mr. Bok also noted that other crosswalks also need to be painted. Mr. Bok told the Council that the barricade on Olson Drive can’t be put where it is and that the road doesn’t have to be closed. Ms. Simonsen said that staff could review this again. Mr. Bok asked when this barricade was discussed at a Council meeting. Mr. Bok noted that the cats are now gone from his neighborhood but that the dogs remain. He also referred to alley plowing after street plowing and commented that the alley parallel to Green is in an older neighborhood and the garages are all in the alley. The residents need the alley plowed so they can get their cars out.

Glen McDaniel, 701 Garfield, asked why the City doesn’t use the street sweeper to clean leaves from the streets. He noted that the new equipment doesn’t do an effective job. Mr. Jahnke told Mr. McDaniel that the sweepers are out.

Mayor Eaton presented Certificates of Appreciation to the high school students who served as student election judges at the recent General Election.

Mayor Eaton opened a public hearing for the renewal of the Wal-Mart Stores currency exchange license required by Minnesota Statutes. The necessary notice for this hearing was published on October 29, 2004. No one appeared to be heard.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-230, approving Wal-Mart Stores currency exchange license renewal, be approved. 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 closed.

(See Secretary's Original Resolution04-230 included with these minutes.)

Mayor Eaton opened a public hearing for the transfer of Cheers off-sale intoxicating liquor license from Cheers Liquor LLC to CAS Enterprise-Venture VII, LLC. The necessary notice for this hearing was published on October 29, 2004. No one appeared to be heard.

Councilor Kron moved, Councilor Brooks seconded, that the transfer of the Cheers liquor license be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing closed.

City Manager Simonsen explained that although this ordinance was scheduled for a second reading, staff is recommending some revisions to the original ordinance and that the ordinance will be brought back to the City Council for re-introduction.

Mayor Eaton opened a public hearing for Ordinance 85, 3d, authorizing implementation of the Automated Pawn System®. The necessary notice for this hearing was published on October 29, 2004.

Peter Reinert, owner of KC Pawn and Gun Shop, presented a written comment to the City Council for consideration in the drafting of the ordinance. He estimated that the cost of the requirements to his business will be between $10,600 and $27,900.

After Council discussion, the ordinance was tabled to another meeting for reintroduction.

City Manager Simonsen told the City Council that the Board of Appeals considered the request of Richard Boelke for his property at 2009 Bridge Avenue for a one foot 10 inch variance of the required six foot side yard setback to permit the construction of a three season porch. The Board of Appeals has recommended that the Council grant the variance for only a three season porch.

Councilor Fjelstad moved, Councilor Marin seconded, that Resolution 04-231, granting a variance to 2009 Bridge Avenue as recommended by the Board of Appeals, 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 04-231 included with these minutes.)

City Manager Simonsen stated that the Planning Commission held a public hearing for the application of Ascension Lutheran Church for an amendment of its conditional use permit to allow construction of a two-car garage for storage of outdoor maintenance equipment.

Councilor Erdman moved, Councilor Marin seconded, that the Ascension Lutheran Church Conditional Use Permit amendment with conditions as recommended by the Planning Commission, 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 04-232 included with these minutes.)

City Manager Simonsen told the Council that the Planning Commission has reviewed the preliminary and final plat of Larryland Subdivision and has recommended approving the plats subject to two conditions:

1. An agreement shall be made with the owner to place the wetland and other non-subdivided area into permanent open space or dedicate it to the City in lieu of payment for parkland.

2. The owner shall enter into a development agreement with the City defining the responsibilities for development, payment of trunk system fees and permanent open space.

Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 04-233, approving the preliminary and final plat of Larryland Subdivision, be approved with conditions identified by Ms. Simonsen.

Larry Petersen, 1340 Crestview Road, owner of the subdivision, answered questions about access to the subdivision.

On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-233 included with these minutes.)

City Manager Simonsen noted that the City has received a request from Freeborn County for a representative of the City Council to serve on the Bridge Avenue Corridor Study Committee which will be completed in 2005.

Mayor Eaton told the Council that Councilor Fjelstad has volunteered to serve on this committee.

Councilor Marin moved, Councilor Kron seconded, that Councilor Fjelstad be appointed to serve on the Bridge Avenue Corridor Study Committee. On roll call vote all Councilors voted in favor of said motion with the exception of County Fjelstad who abstained. Mayor Eaton declared the motion carried and the appointment confirmed.

City Manager Simonsen explained that this resolution outlines the proposed fee structure for 2005.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-234, approving 2005 fees, 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 04-234 included with these minutes.)

City Manager Simonsen reported that this resolution authorizes a development agreement with the developer of the property for Chapeau Shores 9^th Addition for improvements including bituminous street, curb and gutter, storm sewer, watermain and sanitary sewer (Job 0417). She noted that the total project cost is $148,261.77 assessed equally to the thirteen (13) parcels included in the addition. Additionally, the assessments will include the sum of $8649.30 for the watermain distribution system.

Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-235, authorizing the Chapeau Shores 9^th Addition development agreement, 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 04-235 included with these minutes.)

City Manager Simonsen commented that the City had taken bids for the Chapeau Shores 9^th Addition improvements and she recommended award to the low bidder, Niles-Wiese Construction Co., Inc., Medford, MN, with a base bid of $148,261.77.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-236, accepting the bid of Niles-Wiese Construction Co., 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 04-236 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes a contract with District 241 for ice time rental at the City Arena for the 2004-2005 hockey season. She noted that there are no changes from last year’s contract.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-237, authorizing a contract with School District 241 for ice time rental, be approved. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-237 included with these minutes.)

Ms. Simonsen reported that this resolution authorizes a contract with the Albert Lea Hockey Association for rental of ice time and lease/operation of the concession stand at the City Arena for the 2004-2005 hockey season. This contract is also the same as last year’s contract.

Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-238, authorizing a contract with the Albert Lea Hockey Association for ice time rental, 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 04-238 included with these minutes.)

City Manager Simonsen explained that the Planning Commission heard a rezoning request from Love’s Country Stores for nine acres in Government Acres from R-1 Single Family to PD – Planned Development for construction of a convenience store and fueling station. The motion to recommend the change died for lack of a second and the item was submitted to the City Council without recommendation. She noted that a rezoning request must have an action taken within 60 days or the request is granted.

Councilor Kron introduced Ordinance 86, 3d. Ordinance 86, 3d will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 86, 3d included with these minutes.)

City Manager Simonsen reported that this resolution authorizes a settlement agreement with Traveler’s Indemnity Company of Illinois for physical damage to the southwest primary digester at the Waste Water Treatment Plant on or about March 13, 2000. The City was also identified as a covered party under a covenant of insurance issued by the League of Minnesota Cities Insurance Trust. The City submitted a formal claim to Traveler’s seeking coverage for the costs to repair or replace the damage to the digester. Traveler’s denied the claim in April 2000. The City commenced action in State District Court against Traveler’s and LMCIT in October 2002. Both defendants denied coverage and filed summary judgment motions seeking dismissal of the claim on the grounds that they were time barred by a two-year suit limitation provision. The City and LMCIT have reached a settlement agreement of $297,000.

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 04-239, authorizing a settlement agreement with Traveler’s Insurance, 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 04-239 included with these minutes.)

City Manager Simonsen explained that Marvel Dockwell, 2509 South Shore Drive, has requested deferment of hook-up to City water and sewer services based on financial hardship. City staff is recommending that the deferral be granted if Ms. Dockwell agrees to enter into an agreement indicating that the sale of her home would be contingent on the installation of City sewer and water.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-240, authorizing deferral of hook-up to City water and sewer for 2509 South Shore Drive contingent on installation at the time of sale, 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 04-240 included with these minutes.)

City Manager Simonsen commented that FEMA recommends identifying a final date for City responsibility for removing flood damaged items from damaged residences. She recommends that all damage be reported to the Red Cross and items placed at curb side by 4 p.m. on Wednesday, November 10 to be considered for removal at no expense to the homeowner.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-241, setting forth the dates for removal of flood damaged items at no expense to the homeowner, 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 04-241 included with these minutes.)

City Manager Simonsen told the Council that the Albert Lea Police Department is requesting curb painting beyond what the current ordinance allows. The curb is located on the west side of Newton Avenue, south of College, from the intersection to the entrance/exit of the underground parking garage at the Law Enforcement Center. She noted that when vehicles are parked along the curb, visibility is greatly compromised for people coming out of the garage.

Councilor Kron moved, Councilor Erdman seconded, that the request of the Albert Lea Police Department for curb painting as outlined above, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the curb painting authorized.

City Manager Simonsen explained that an application for transfer of the Aragon Bar on-sale intoxicating liquor license has been received and she requested the Council call for a public hearing at the next regular Council meeting on November 22.

Councilor Brooks moved, Councilor Erdman seconded, that a public hearing for the transfer of the Aragon Bar on-sale intoxicating liquor license be called for November 22, 2004 at 7 p.m. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained. Mayor Eaton declared the motion carried and the public hearing called.

Second Ward, Councilor Erdman:

Third Ward, Councilor Marin:

Fourth Ward, Councilor Fjelstad:

Sixth Ward, Councilor Brooks:

Councilor Marin 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, November 22, 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 November 9, 2004.

Secretary of the Council Mayor