Albert Lea, MN                                                                                                 February 14, 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, the Albert Lea Tribune and KAAL- TV.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF JANUARY 24, 2000.

(b) LICENSES AND BONDS APPROVED:

Mike Cooper d/b/a Papa Murphy’s, 142 Bridge Street

Mark Landsteiner d/b/a Domino’s Pizza, 707 E. Main Street

Luis Alvarez, 625 Larimore Circle, for Andy’s Roadhouse Bar & Grill on February 5

Luis Alvarez, 625 Larimore Circle, for the Knights of Columbus February 19

Luis Alvarez, 625 Larimore Circle, for the Union Center February 26

(c) RESOLUTION 00- 22 ADOPTED - APPROVING LAWFUL GAMBLING APPLICATION: Resolution 00- 22 approves a Lawful Gambling Permit Renewal Application for the Does Drove 70 Albert Lea for operations at the Elks Lodge 813, 1811 SE Broadway.

(See Secretary’s Original Resolution

00- 22 included with these minutes.)

(d) RESOLUTION 00- 23 ADOPTED - APPROVING LAWFUL GAMBLING APPLICATION: Resolution 00- 23 approves a Lawful Gambling Application for Authorization for Exemption from Lawful Gambling License for the Freeborn County Ducks Unlimited for a raffle at the National Guard Armory, 410 Prospect Avenue, on April 15, 2000.

(See Secretary’s Original Resolution

00- 23 included with these minutes.)

(e) RESOLUTION 00- 24 ADOPTED - APPROVING PRELIMINARY LAYOUT FOR WEST MAIN STREET IMPROVEMENT: Resolution 00- 24 approves the preliminary layout prepared by the Minnesota Department of Transportation for the improvement of a part of Trunk Highway No. 9 renumbered as Trunk Highway No. 13 within the corporate limits of the City of Albert Lea from .24 miles west of Jct. T.H. 65 (Euclid Avenue) to .2 miles east of T.H. 69.

(See Secretary’s Original Resolution

00- 24 included with these minutes.)

(f) RESOLUTION 00- 25 ADOPTED - AUTHORIZING AGREEMENT FOR JOINT POWERS TRANSPORTATION STUDY: Resolution 00- 25 authorizes an agreement with the Minnesota Department of Transportation for a Joint Power Transportation Study to evaluate the roadway configuration needed to serve the study area, evaluate the impacts of a proposed roadway development on I- 35, TH 65, TH 16 and CSAH 46 as it relates to intersection spacing and operations and to prepare geometric layouts showing recommended improvements.

(See Secretary’s Original Resolution

00- 25 included with these minutes.)

(g) RESOLUTION 00- 26 ADOPTED - AUTHORIZING QUIT CLAIM DEED: Resolution 00- 26 authorizes the issuance of a quit claim deed for property owned by Randall Mickelson and Ken Cafourek along Wilson Street permitting acquisition of the property by MN DOT as a part of its bridge replacement project.

(See Secretary’s Original Resolution

00- 26 included with these minutes.)

(h) RESOLUTION 00- 27 ADOPTED - AUTHORIZING AGREEMENT WITH KATE RADIO: Resolution 00- 27 authorizes an agreement with KATE/KCPI for use of the City Arena for its annual Home, Sports and Recreation Show in exchange for advertising spots for City Park and Recreation programs.

(See Secretary’s Original Resolution

00- 27 included with these minutes.)

(i) RESOLUTION 00- 28 ADOPTED - AUTHORIZING MINNESOTA CITY PARTICIPATION PROGRAM: Resolution 00- 28 authorizes application for funding from the Minnesota Housing Finance Agency for the 2000 Minnesota City Participation First Time Home Buyer’s Program.

(See Secretary’s Original Resolution

00- 28 included with these minutes.)

(j) RESOLUTION 00-29 ADOPTED - CLAIMS: Resolution 00-29 presents the financial claims of the City.

(See Secretary's Original Resolution

00-29 included with these minutes.)

Councilor Mathison moved, Councilor Brooks 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 explained that as the school district prepares to open the new High School in the Fall of 2000 that school administration has expressed safety concerns with parking allowed along Y.H. Hanson Avenue and has requested restricted parking on both sides of Y.H. Hanson with no parking on the west side from Hammer to Hershey and no parking during school hours on the east side from Hammer to the north side of Minnesota Corrugated Box’s driveway.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-30, granting the parking restrictions requested by School District 241, 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

00-30 included with these minutes.)

ORDINANCE 36, 3d INTRODUCED - CONTROLLING LOCATIONS OF SEXUALLY ORIENTED BUSINESSES

Mayor Wangen explained that this ordinance restricts the location of sexually oriented businesses to an overlay zone within the City limits. He noted that the Planning Commission has made a recommendation on where sexually oriented businesses should be allowed. The restrictions are fairly tight and keep that type of business away from conflicting uses.

Councilor Kron introduced Ordinance 36, 3d. The ordinance will lay over for a second reading and public hearing at the next regular City Council meeting on February 28, 2000.

(See Secretary’s Original

Ordinance 36, 3d included with these minutes.)

City Manager Sparks explained that this resolution authorizes an additional utility laborer position in the Utilities Department. He noted that workload changes over the past 20 years have increased the pressure on that department and that the City has not added a position to the department in more than 20 years with many duties added over that time. He noted that the City has been able to gain efficiencies in its meter reading program but that we have also picked up responsibility for utility locate calls.

Citing increased construction and recent annexations, Councilor Sorenson introduced Resolution 00- 31 for the addition of a utility laborer position in the Utilities Department. Councilor Brooks seconded the motion. 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

00-31 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the staff to proceed with obtaining specific plans and specifications for a gazebo/bandshell for Fountain Lake Park. He noted that the original bandshell was demolished due to the fact that it was an unsafe structure and noted that a proposed design plan for a new gazebo/bandshell in a slightly different location in the park is recommended.

After Council discussion, Councilor McPherson moved, Councilor Sorenson seconded, that Resolution 00-32, authorizing a gazebo/bandshell project for Fountain Lake Park, 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

00-32 included with these minutes.)

City Manager Sparks explained that the City’s Main Lift Station renovations call for electrical and computer controls to be changed at the Main Lift Station as well as valving improvements. The original contract with Toltz, King, Duvall, Anderson & Associates called for $135,000 for the design and inspection of the construction. He noted that the City is having difficulty obtaining quotes for the system integration and software development and that he is recommending that that portion of the project be moved to TKDA as well. He explained that this will increase the TKDA contract to $195,000 but it will give us better control beginning to end of the computer software and controller side of the project. He noted that this is not an increase in cost but merely a change in provider.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that Resolution 00-33, authorizing the addition to the TKDA contract for the Main Lift Station system integration and software, 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

00-33 included with these minutes.)

City Manager Sparks explained that he is recommending an amendment to the City’s investment policy to allow investment in agency bonds guaranteed by the federal government. He noted that the City’s policy presently restricts investments to certificates of deposit with financial institutions or obligations to the United States government. By allowing agency bonds we will be able to enhance our interest earnings. This would be important for the pension residual accounts that we will be establishing and he indicated his belief that the City should apply this to the Wastewater Treatment Plant replacement reserve as well. He noted that the 4M fund financial advisor has provided comparisons for the Council’s consideration and that although the interest rates are not dramatic improvements they are multiplied over millions of dollars yielding a significant improvement and income. He noted that these are not high risk securities and that the staff will be cautious in what is purchased in order to maximize the City’s income in the restricted account areas.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-34, amending Resolution 00- 8 for the proposed change to the City’s investment policy to allow investment of restricted funds in agency bonds guaranteed by the federal government, 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

00-34 included with these minutes.)

City Manager Sparks explained that this resolution ratifies orders placed for replacement trucks under the State bid. He noted that unfortunately the orders had to be placed prior to this meeting as the cut- off date for orders for 2000 is February 14.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 00-35, ratifying the purchase of eight trucks under the State bid, 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

00-35 included with these minutes.)

RESOLUTION 00- 36 ADOPTED - AUTHORIZING SALE OF REAL ESTATE TO RICHARD ROCKLIN

City Manager Sparks explained that this resolution authorizes the sale of Track A of Lot 6, Block 1, Port Authority Plat #1, for $30,251 to Richard Rocklin. He noted that originally this was to be part of a tax increment district but due to changes in the business’s plans, Mr. Rocklin would prefer to simply purchase the property. The proceeds from the sale would go to Tax Increment Finance District 5- 4 and to repay advances from the General Fund. He noted that the City is selling the property for the same price that it paid for it.

After Council discussion, Councilor Sorenson moved, Councilor Mathison seconded, that Resolution 00-36, authorizing the sale of real estate to Richard Rocklin, 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

00-36 included with these minutes.)

City Manager Sparks stated that this resolution accepts the Freeborn County bid results for signal installations at both the Bridge/Hammer and Bridge/Hawthorne intersections. The low bidder was Mankato Electric in the amount of $293,740 and the City is responsible for payment of approximately one- half of the cost with state aid funds.

After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 00-37, accepting Freeborn County’s bid results for signal installations on Bridge Avenue, 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

00-37 included with these minutes.)

City Manager Sparks explained that the City opened bids for three projects including 2000 Sewer & Water Contract No. 1, Wastewater Treatment Plant Grit Building Renovation and Wastewater Pump Station Improvements. He is recommending the low bidder for each project as follows:

a) The bid of Sorensen Bros., Inc. in the amount of $185,656.58 for 2000 Sewer & Water Contract No. 1 (Job 9922).

b) The bid of Magney Construction, Excelsior, Minnesota, in the amount of $349,900.00 for Wastewater Treatment Plant Grit Building Renovation (Job 9807).

c) The bid of Albert Lea Electric in the amount of $174,625.61 for Wastewater Pump Station Improvements (Job 9902).

After Council discussion, Councilor Amundson moved, Councilor Mathison seconded, that Resolution 00-38, accepting the bids as outlined above, 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

00-38 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the transfer of funds as follows:

a) $900,000 from the Designated General Fund balance for streets to Capital Projects.

b) $100,000 from the General Fund undesignated balance to Capital Projects.

c) $500,000 from the Central Garage Fund to Capital Projects.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-39, authorizing the fund transferred 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

00-39 included with these minutes.)

ORDINANCE 37, 3d INTRODUCED - LICENSING SEXUALLY ORIENTED BUSINESSES

City Manager Sparks explained that this ordinance outlines the licensing procedure for sexually oriented businesses. He noted that this ordinance exempts licensing businesses that have less than ten percent of sales from sexually oriented business and that staff has redefined sexually oriented business to attempt to regulate those areas that are outside of normal human activity and common cultural activity.

After Council discussion, Councilor Kron introduced Ordinance 37, 3d. Ordinance 37, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 37, 3d included with these minutes.)

City Manager Sparks explained that he is recommending the Council notify the County of its intent to terminate the Law Enforcement Center agreement effective April 12, 2001. He is also recommending the initiation of renegotiations immediately. He noted that he believes that the renegotiations should be focused to arrive at a contract that reflects the common practice in southern Minnesota in other joint law enforcement contracts and that Albert Lea is the only city that pays at the level that we are currently paying for joint use of facilities. He noted that while most cities and counties split the cost the City currently pays 2/3rds of the cost. He also explained that he believes there needs to be a more clearly defined list of shared cost personnel. He further explained that the City must give the County one year’s advance notice that it intends to renegotiate the contract and Mr. Sparks noted that the City has no intent to withdraw from the joint facility arrangement.

After Council discussion, Councilor Mathison moved, Councilor Sorenson seconded, that Resolution 00-40, declaring the City’s intent to terminate the Law Enforcement Center contract effective April 12, 2001 and further declares its desire to negotiate a new contract for joint use of the Law Enforcement Center, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who voted nay. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-40 included with these minutes.)

ADJOURNMENT – 8:08 P.M.

Councilor Mathison moved, Councilor Amundson 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, February 28, 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 February 15, 2000.

________________________                                     _____________________________

Secretary of the Council                                                 Mayor