Albert Lea, MN 

December 27, 2004

Pastor Don Malinsky, United Methodist Church, 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, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, KAAL-TV, KTTC-TV, KIMT-TV, KMSP-TV and WCCO-TV.

The Pledge of Allegiance was recited.

(a)  APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF DECEMBER 13, 2004.

 

(b)  RESOLUTION 04-265 ADOPTED – CLAIMS: Resolution 04-265 presents the financial claims of the City.

(See Secretary's Original Resolution

04-265 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 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:

A question was raised about publishing the entire budget. The proposed budget does not have to be published. The document is available in the library and the City publishes a summary budget as required by law.

A citizen requested written calculations for the proposed sewer and water rate increases. A copy is available for that citizen.

Art Anderson expressed concerns over several issues. Mayor Eaton will meet with Mr. Anderson to discuss his concerns.

John Severtson, 214 South Pearl, was excited to be elected as the 5^th Ward Councilor but hasn’t exactly enjoyed the days since December 2. He has been asking himself why the Mayor doesn’t resign. He suggested the Mayor resign, permitting a special election, file for the seat and let the people decide.

George Gillespie, 327 Lloyd Place, listened to the meeting where a vote of no confidence was taken. He has had a poll on albertlea.com with an overwhelming majority voting no confidence in the Mayor and feels the Council didn’t represent the people.

Dawn Egge, 1122 Crestview Road, told the Mayor that she doesn’t support her. She is dragging the City and its people through the mud. Blue collar workers deserve a better chance. She feels the Mayor is taking the City to court with her. She is hoping her children stay in Albert Lea and questioned why any company would be interested in coming here in light of the recent media attention. She requested the Mayor resign and permit a special election or step aside until her problems are resolved.

Roger Bok, 1012 Cato Drive, asked Councilor Fjelstad why he is so upset that the Mayor didn’t call him explaining that he has left several messages for Fjelstad which were never returned. Mr. Bok also asked how the sludge hauling contract was increased from $260,000 to $400,000 and why the City hauled sludge to Lake Mills when the contract was with Owatonna and asked if the Council had approved this change. He asked where the money went. Mr. Jahnke explained that the sludge was hauled to both Steele County and Lake Mills. Originally Steele County gave the City the lowest price but Lake Mills came up with a better price later on.

Mr. Bok then stated that he has a problem with the City Council, people aren’t getting things done, Councilor Brooks is violating the City Charter and he also asked why the crosswalks at the Law Enforcement Center haven’t been painted. Mayor Eaton asked Mr. Bok to stop the personal attacks. Mr. Jahnke explained that Broadway is a state road and that they are responsible for painting the crosswalks. He noted that the City has painted them in the past. The City is waiting for the County to determine where they want the crosswalks. Mr. Bok told Mr. Jahnke that the State says the City will paint the crosswalks and the State will pay the City for the work. Ms. Simonsen noted that the City is working with the County in this matter and the crosswalks will be painted when the appropriate location is identified.

Mr. Bok then asked why Councilor Marin left the meeting before the pre-agenda meeting last Thursday, why the City Clerk’s husband is being paid for setting up elections and why iron is leaving the City Garage and going down to Iowa. Everyone is trying to walk off with things in the City. Mr. Bok asked who took the pictures from the hallway.

Quincy Borland, 504 ½ Bridge Avenue, commented that a lot of people came to this meeting to contest the Mayor’s swearing in and asked why she was sworn in this morning. Mayor Eaton explained that she wanted her family present and they were leaving town and she didn’t want them to be hurt by comments leveled tonight. She told Mr. Borland that she intended to take the oath publicly tonight. Mr. Borland then asked the Mayor if she is guilty or innocent and Mayor Eaton responded that she is not guilty of the charges.

Luverne Bock, 1117 Plainview Lane, commented that the Mayor didn’t want to hurt her family but that she is hurting the citizens of Albert Lea.

Ruth Paczkowski, 504 West William, asked what good the Mayor can do for Albert Lea by staying in office and urged her to resign.

Mike Murtaugh, 313 Willamor Road, commented that he was upset to hear that the Mayor had been sworn privately and now feels that the public isn’t getting the full story.

David Oquist, 1404 Fountain Street, asked why the City is in the real estate business. The City claimed it purchased the Hansen Building for demolition to provide parking for the Lea Center project. He now understands that there will be underground parking for that building. At one point the City purchased three houses on Plaza Street intending to expand the landfill and then closed it. He suggested the City allow real estate professionals to do their jobs.

Dr. Niles Shoff, 2814 Campus Drive, explained that he was Mayor from 1959 to 1969 and that he saw his share of problems but nothing to compare with the problem the City is experiencing today. He noted his disappointment at the no confidence vote suggesting that that vote should have been unanimous. Dr. Shoff also explained that he was the chair of the Charter Commission at the time the Charter was amended. The attorney advising the commission urged the removal of the recall provision because of a Minnesota Supreme Court decision. He asked the Mayor to step down so the City can move on and be proud of our community.

Don Malinsky, 1311 Fairlane Terrace, appeared in support of the Mayor and City Council. He explained his feeling that there is more to this story and urged the people to wait out the rest of the story.

Pat Corrigan, 814 Frank Hall Drive, commented that he has known the Mayor since she came to Albert Lea and that he can’t support her at this time. He urged the Mayor to step aside.

Wendy Bock, 1117 Plainview Lane, told the Mayor that she has been doing research and asked what it takes to remove the Mayor from office. City Manager Simonsen explained that a vacancy in that office can occur by resignation, by not taking the oath of office, by being absent from the office for 90 days or by conviction of a felony. Ms. Bock said that the internet says that a vacancy can occur by other law. Ms. Simonsen noted that that would be by malfeasance or nonfeasance according to the City Attorney. Ms. Bock asked if any of the incidents included in the complaint were committed while the Mayor was on official business. Ms. Simonsen explained that the Mayor submitted reimbursement claims ten times since the investigation began and that one of the ten was for attendance at a League meeting in the city where the alleged crime took place. Ms. Bock told the Mayor that she was acting as Mayor at the time the alleged crime cited occurred and that she was probably paid mileage. She asked the Mayor to resign.

George Marin addressed the Council as a private citizen. He commented that the Mayor cancelled the prayer at the beginning of each meeting which he opposed, he was the only Councilor in support of reorganization of the Port Authority, and he supported his constituents when threatened with apartments in a cul-de-sac. He is once again responding to his constituents desires by requesting that the Mayor decline to be sworn into office tonight. Mr. Marin told the Mayor that she is dragging the citizens through the mud. He commented that he hopes she is found innocent of the charges against her. He has given her his support as long as her efforts are in the best interests of the City but that he cannot support her through this situation. He asked that she do what is honorable for the community.

Mayor Eaton opened a public hearing for the issuance of a consumption and display permit transfer from Willie Nelson to David Reisewitz, Sr. The necessary notice for this hearing was published on December 16, 2004.

There was no public discussion. Councilor Brooks moved, Councilor Erdman seconded, that the transfer of the consumption and display permit from Willie Nelson to David Reisewitz be authorized. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the public hearing closed and the transfer authorized.

Mayor Eaton opened a public hearing for the allocation of police and fire pension fund interest earnings. The necessary notice for this hearing was published on December 16, 2004.

City Manager Simonsen explained that the staff is recommending that a maximum of $250,000 be allocated to the Police Department towards the purchase of software, installation and training for mobile computing units for the squad cars. The remaining $150,000 of interest earnings will be reinvested to be allocated in future years.

Mike Murtaugh, 313 Willamor Road, asked for a breakdown of costs. City Manager Simonsen provided that breakdown.

Councilor Fjelstad moved, Councilor Erdman seconded, that Resolution 04-266, allocating the pension funds as recommended by staff, be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary's Original Resolution

04-266 included with these minutes.)

Mayor Eaton opened a public hearing for an increase in sewer and water rates. The necessary notice for this hearing was published on December 16, 2004.

City Manager Simonsen reported that the City’s sewer and water funds have been operating at a loss for the past several years. City staff is recommending the fees be implemented January 1, 2005. An increase in the sewer fund of 15 percent to cover the operating losses would result in approximately $469,000 additional revenue. An increase in the water fund of five percent would generate an additional $59,000.

Jon Hibbard, 401 Meredith Road, appeared before the City Council representing Albert Lea ElectroPlating. He requested the City Council abolish credits or if necessary grant a new industry credits with a deadline of one or two years. Mr. Hibbard also suggested smaller increases be implemented over shorter periods of time.

Lorraine Quinlivan, 213 Fredrick Drive, told the Council she has never complained about rate increases but that it is difficult for her to go back to her tenants with rental rate increases. She said that as a landlord the City is one of her biggest competitors.

Eric Swan, 213 First Avenue South, said that he called the City for a plugged sewer drain in front of his house. He was told to call the state but the state doesn’t respond. He also feels it is unfair to raise rates on commercial properties and that more lighting should be installed in the darker areas of the City.

Art Anderson, 2217 Margaretha, noted that he is opposed to raising rates for senior citizens. He commented that the senior center raised its rates and other rates are rising but seniors don’t get increases in social security to match the rate increases.

Roger Bok, 1012 Cato Drive, asked why water bills are printed in Des Moines. Ms. Simonsen told Mr. Bok that the City took bids on this printing and the Des Moines company came in with the low bid.

Councilor Fjelstad moved, Councilor Erdman seconded, that Resolution 04-267, approving the increases in sewer and water rates as recommended by staff, be approved.

Council discussion centered around whether the new Quality Pork plant had been considered with the proposed increase, how much the City has lost in the accounts and when the rates were last raised. Ms. Simonsen told the Council that the new plant had been included in the study and explained the losses over the past three years.

Jon Hibbard, 401 Meredith Road, told the Council that the old rate structure included a sliding scale and suggested the Council use a different rate structure. He also commented that the rates were increased in 2002 by 20 percent. Mr. Hibbard also questioned the line item, Other Services and Charges, in operating expenses. Mr. Jahnke reported that the line item included operating costs for the facilities.

Paul Sparks, Albert Lea Port Authority, reported that the rate structure was designed by an engineering firm in 1981. There is a base charge for residential properties and industries producing extra BOD, TKN and Suspended Solids pay a surcharge. The credit for companies who remain below a certain level are given a credit as an incentive. Industries willing to install pretreatment facilities are given credit. Some industries are still producing heavier BOD’s and are still paying surcharges.

After additional Council discussion regarding the fact that a 35 percent increase seems like a lot and the fact that the City can’t afford to continue to lose a million dollars per year and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Brooks who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

04-267 included with these minutes.)

Mayor Eaton opened a public hearing to consider setting rates for the stormwater utility and the public lighting utility. The necessary notice for this hearing was published on December 16, 2004.

City Manager Simonsen explained that the City Council elected to form the two new utilities at an October Council meeting. In regard to the stormwater utility, staff is recommending a residential equivalency factor of $2.95 per residential parcel under one acre and a graduated system for commercial and industrial properties. The staff is also recommending a 75 percent credit to cemeteries and golf courses. With regard to the public lighting, staff is proposing that all properties be charged $3.85 per parcel except for properties zoned B3 Central Business District which will be charged $7.70 per month.

Paul Sparks, Albert Lea Port Authority and Greater Jobs, Inc., told the Council he had submitted two letters indicating his concern about the charge to vacant land. He noted that the Port Authority’s vacant land is mainly cropland and receiving no benefit with no storm sewer or public lighting available. The Port Authority owns 400 acres in the City related to farmland operations. These properties are held for future development. He told the Council that it is their opinion that statute doesn’t permit charges to undeveloped areas. He feels it is unfair to charge 66 acres of vacant land the same as an industrial park. He suggested that the Council use a more equitable method for the utilities. Mr. Sparks noted that the Port Authority’s cost is $26,000 as it is currently structured. He has no objection to developed properties paying the fees. He explained that the land must be annexed, zoned and ready to go at such time as a prospective client is ready to purchase or the properties would be zoned agricultural.

Henry Savelkoul, 1634 Oakhurst Road, distributed a prepared statement to the Council. He commented that he is appearing personally and on behalf of his clients, Jon Syverson, Dave Syverson and Darv Habben. He explained that his clients have property which has been purchased, improved, and available for economic development. His clients have signed development agreements with the City and are paying assessments before they are needed. He suggested that it is bad policy to implement these fees on development property available for businesses who want to provide jobs and grow in this community. His request is that undeveloped properties in excess of two or three acres be excluded from this fee or at least the ordinance should be delayed to study the impact further.

Roselyn Anderson, 2217 Margaretha, told the Council they are not listening to the senior citizens. Insurance went up, prescriptions went up, taxes went up and social security only went up two percent. She questioned where seniors are to get the money to pay for these increases.

Mike Murtaugh, 313 Willamor Road, noted that public hearings were held on these utilities with little or no public input. He commented that these utilities have been established and asked if there is any way to reverse this.

Roger Bok, 1012 Cato Drive, asked who pays for the Engineering Department’s mistakes.

Les Tufte, 1118 East Richway Drive, said that people feel this is a back door tax. Everything is cut and dried before it comes to the Council meeting. He also said that he believes the monthly water billing costs more money and asked what happened to the people who were doing the billing.

Councilor Erdman asked William Douglas of Bolton and Menk to answer some questions. Councilor Erdman noted that the public hearing in September was contentious and that the City has received mandates from the federal government for stormwater improvements. Mr. Douglas explained the federal requirements and that the Environmental Protection Agency has estimated it will cost $10 per capita to get the project started. This does not include what it will cost after it is implemented. The City will be made to promise to continue with the clean water project through a permitting process. Councilor Erdman noted that the Council is stuck with a difficult problem of doing a stormwater utility or increasing taxes. He commented that those with greater runoff have the greater bills keeping the larger amounts from the residential areas. Councilor Erdman asked Mr. Jahnke what projects are included for the utilities. Mr. Jahnke told the Council that the East Main Street lighting would be done along with the Virginia Street and Eighth Avenue storm lifts.

Sharon Hemenway, 912 Jefferson, explained that she owns a property which is over one acre but that a portion of the parcel contains a wooded area. She asked why all parcels aren’t charged the same. Ms. Simonsen explained that most residences are under one acre and anything over one acre will produce more runoff.

Henry Savelkoul responded to Councilor Fjelstad’s question about whether the fee is tax deductible by stating that a for-profit business can deduct the utility charge if it is included in a development agreement.

Paul Sparks questioned the equity. Land in agricultural use does not generate as much storm water as an industrial property. He commented that there is no court decision on the equity issue and that if the Port Authority goes to court, it is to get clarification. He noted that the Authority can’t ignore this additional fee.

Councilor Erdman stated that Mr. Sparks was aware of this utility when he was City Manager. Mr. Sparks stated that he was imagining more of an acceleration model rather than a blanket zoning model. He didn’t know that the Council would elect to use that model.

Keith Register spoke on behalf of his son, Kenn Register, regarding property he owns at 1503 Frank Hall Drive. He asked how this property would be charged noting that it is 15 undeveloped acres with horses and was zoned agricultural when it was purchased. Two years later it was annexed and he wasn’t sure what the current zoning is. He noted that the City has an easement for storm sewer going through the land. Ms. Simonsen told Mr. Register that she would get back to him.

Jim Rorvick, 449 Crescent Drive, expressed concerns with ever increasing fees. He asked that the Council be cost conscious and if this is a tax call it a tax.

Brian Burkard, 2124 West Edgewater Drive, told he Council that he doesn’t think this fee is fair noting that if he doesn’t pay the fee the City will put it on his taxes. People will be required to pay the fee regardless of their income. He noted that his house is in the City but that he doesn’t have City sewer and water. He has vacant lots adjacent to his property for which he pays City taxes of $12 per year and now he will get an additional $81 per year fee on those properties.

John Forman, speaking on behalf of ALAMCO Wood Products, asked whether the fee will be reasonable. The state permit cost was $400 for the installation of new holding ponds on the property. He noted that they have three natural waterways running through the property and that they maintain a greenbelt around the property. They do not feel they will gain any benefit from this fee. The company currently experiences runoff from adjacent properties. He feels there is no equality in this formula. They will be charged for the full 38 acres even though they have installed improvements and golf courses are receiving a 75 percent credit. Mr. Forman also suggested the City Council permit public input at pre-agenda meetings.

Les Tufte, 1118 East Richway Drive, commented that when a new addition is developed, the property owners are permitted to pay the assessments over a 20 year period. Wal-Mart has fancy lights, I-35 has fancy lights and he has one light pole in his block.

Adrian Hestness owns a commercial building at 130 North Broadway. He questioned how the City expects to get downtown development when it keeps adding new taxes. The B3 district will be paying twice as much as other properties.

Councilor Marin moved to table this hearing to the Council’s January 24 meeting. This motion is not debatable.

Mary Tufte, 1118 East Richway Drive, commented that if the City had sent this information in the water bills prior to the establishment of the utilities, perhaps more people would have come to the public hearing.

Mayor Eaton requested confirmation of the following appointments to Boards and Commissions:

Library Board:

Ken Bertelson                                        2215 Rowe Lane

Harlan Bang                                           417 Ridge Road

 

Board of Zoning Appeals:

Corry McDermott                                   609 West Fountain Street

 

Human Rights Commission:

JoAnn Barr                                             531 Park Avenue

Jim Stoen                                               1107 Marie Avenue

Miriam Imperial                                      212 - 2nd Avenue South

Mike Ellis                                                1610 Plainview Lane

Vern Rasmussen, Jr.                             426 Edgewater Drive

Angie Stadheim

 

Park & Recreation Advisory Board:

Brian Paul                                               1506 Academy

Jay Doppelhammer                                805 - 4th Avenue South

Sue Zimmerman                                     610 Hills Lane

 

Planning Advisory Board:

Joyce Erickson - Olson                          1930 Wilby Road

Kyle Olson                                                202 Richway Drive

Tom Staker                               

Mark Rofshus                                          1505 Seath Drive

 

Airport Advisory Board:

Steve Nesse                                           2009 Highland Avenue

Chuck Foster                                          420 Garden Road

John Severtson                                       214 South Pearl Street

 

Charter Commission:

Nancy Vanderwaerdt                              1434 Martin Road

Tom Gaudreau                                        1003 Allan Drive

 

Port Authority:

Jeff Fjelstad                                             1335 Briarwood

Ellen Kehr                                                1712 Plainview Lane

Councilor Erdman moved, Councilor Brooks seconded, that the Mayor’s appointments to the boards and commissions listed be confirmed. On roll call vote, all Councilors voted in favor of said motion with Councilor Fjelstad abstaining. Mayor Eaton declared the motion carried and the appointments confirmed.

City Manager Simonsen reported that the Shellrock River Watershed District Board is requesting the City enter into an agreement with them to authorize a local option sales tax for the City. The purpose of the tax would be to collect funds for the improvement of water quality in the Shell Rock River Watershed District. It further identifies that all projects to be implemented shall be initiated by the District and when appropriate, the District shall seek input from the City Council.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-268, approving an agreement with the Shellrock River Watershed District Board of Commissioners, be approved with the following conditions:

a.  The request for the local option sales tax be set at one-half percent,

 

b.  That a City staff member be appointed to the advisory board,

 

c.  That a bi-annual review of progress toward goals be formally conducted by the City Council,

 

d.  When City funds are requested for a specific project, the City be provided a year’s notice to budget for the project, and

 

e.  That at such time as cablecast is available, the board conducts its meetings at City Hall to be cablecast.

 

Paul Overgaard, 1728 Bay Oaks Drive, expressed the board’s intent to work together with the City. A testing program will begin in the spring seeking to identify where problems are coming from. He also noted that the Board will have a big selling job to the community and that he is excited to be a part of this.

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

04-268 included with these minutes.)

City Manager Simonsen requested Council approval of various budget adjustments to balance individual developmental budgets within the general fund as follows:

City Council                                                           $24,000

City Center                                                            $14,000

Storm Sewers                                                     $100,000

Recreation                                                             $19,000

Lake Improvement                                                $19,000

Note Payments on Alliant Energy Loans            $35,000

Interest Payments on Alliant Energy Loans          $3,000

Convention and Tourism                                         $5,000

Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 04-269, authorizing the budget adjustments outlined 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

04-269 included with these minutes.)

City Manager Simonsen explained that this resolution sets the gross receipts tax for 2005. The resolution identifies a five percent tax rate on natural gas sales and electricity sales by Alliant Energy/Interstate Power, a five percent tax rate on electricity sales made by Freeborn Mower Cooperative Services and a five percent tax on Charter Communications for cable sales.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-270, setting the 2005 gross receipts tax, 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

04-270 included with these minutes.)

City Manager Simonsen announced that this resolution sets the non-union salaries for 2005. Union employees will be in the third year of a three year contract. The proposed salaries include a three percent increase for all hourly positions, the same as is granted to union employees for 2005.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-271, setting non-union salaries for 2005, 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

04-271 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes the transfer of $10,000 from Tax Increment Finance District 5-9 Downtown Redevelopment to Tax Increment Finance District 5-15 Broadway Ridge Redevelopment to cover expenses incurred in 2004 for the cost of the consultant preparing the new district.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-272, authorizing TIF fund transfer, 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

04-272 included with these minutes.)

City Manager Simonsen noted that the City opened bids on Wednesday, December 22 for chemicals, fuel and bituminous materials for 2005. Staff is recommending award of bid to the low bidders:

DPC Industries, Rosemount, for hydrofluosilicic acid and liquid chlorine

Hawkins Chemical, Minneapolis, for phosphate inhibitor

Freeborn County Co-op, Albert Lea, for gasoline and diesel fuel

Koch Asphalt, St. Paul, for bituminous material

After Council discussion, Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 04-273, accepting bids, 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

04-273 included with these minutes.)

City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to sign a sub-grant agreement for federal assistance under the Public Assistance (Infrastructure Program) of the State of Minnesota acting through its Department of Public Safety, Division of Homeland Security and Emergency Management, for damages incurred to public infrastructure during severe storms and flooding between September 14 and September 27, 2004.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-274, accepting sub-grant 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

04-274 included with these minutes.)

City Manager Simonsen reported that this resolution authorizes the payment of $310,000 to Veit and $46,672.55 to Capitalized Reorganized FLI f/k/a Farmland for the final distribution of escrowed funds.

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-275, approving the final distribution of escrowed Farmland funds, 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

04-275 included with these minutes.)

(1) Thanked staff for all the hard work and noted that it was a pleasure to work with everyone. She wished everyone a wonderful new year.

Second Ward, Councilor Erdman:

(1) Said goodbye to Councilor Kron noting that she had always treated him with kindness and respect. It was a pleasure to work with her. He encouraged more women to run for public office.

Third Ward, Councilor Marin:

(1) Asked that the staff look into an ordinance limiting the loudness of car stereos.

(2) Moved to change the name of the pre-agenda meeting to Council work session and to permit public comment at these work sessions. Councilor Erdman seconded the motion. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

(3) Thanked the staff for all their work in 2004 and thanked Victoria for coming to Albert Lea.

(4) Thanked the residents of the Third Ward for re-electing him. He stated that the Mayor had made two public comments and had not yet apologized to the community. In protest of the Mayor’s selfishness, he refuses to be sworn in with her and is requesting his own private ceremony.

Sixth Ward, Councilor Brooks:

(1) Had requests to look at the assessments to the Frank Avenue residents. City Manager Simonsen will bring those to the next City Council meeting.

City Clerk Sandi Behrens gave the oath of office to the incoming First Ward Councilor Vern Rasmussen, Jr. and the Fifth Ward Councilor John Severtson.

Councilor Marin moved, Councilor Erdman 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, January 10, 2005. 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 December 30, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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