Albert Lea, MN                                                                                                         February 28, 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, Ron Sorenson, Mary Kron, Al Brooks and Mayor Marvin Wangen. Absent was Councilor Don Mathison. 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 FEBRUARY 14, 2000.

(b) RESOLUTION 00-41 ADOPTED - CLAIMS: Resolution 00-41 presents the financial claims of the City.

(See Secretary's Original Resolution

00-41 included with these minutes.)

Councilor Amundson moved, Councilor McPherson 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 for the adoption of Miscellaneous Assessments Roll 24. The necessary notice for this hearing was published on February 4, 2000.

Mark Jacobs, 2505 South Shore Drive, appeared before the City Council regarding a bill he had received for mowing at property he owns at 1722 Eberhart. He noted that the total bill for the two mowing jobs was $533.89. City Manager Sparks responded that the City does charge a processing charge for mowing because it does not want to be in the mowing business. Mr. Jacobs questioned whether the property adjacent to his owned by the State of Minnesota was included in the billing. Mr. Sparks responded that the City would investigate this question and informed Mr. Jacobs that the bills are intentionally high to keep the City out of the mowing business. Mr. Jacobs indicated that he had received the property in late June and wasn’t informed of the need for mowing prior to the City’s work.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-42, adopting Miscellaneous Assessment Roll 24 excepting the property at 1722 Eberhart to permit further investigation into this assessment. 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

00-42 included with these minutes.)

Mayor Wangen opened a public hearing on the final assessments for Job 9613, Surface Reconditioning of Richway Drive from Lakewood Avenue to Bridge Avenue and Job 9724, Reconstruction of Richway Drive from Bridge Avenue to Garfield Avenue. The necessary notice for this hearing was published on February 4, 2000.

There was no public discussion. Councilor Sorenson moved, Councilor Amundson seconded, that the final assessments for Jobs 9613 and 9724, 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

00-43 included with these minutes.)

ORDINANCE 36, 3d ENACTED - ESTABLISHING LOCATIONS FOR SEXUALLY ORIENTED BUSINESSES - PUBLIC HEARING

Mayor Wangen announced that this is a public hearing for an ordinance which establishes the locations for sexually oriented businesses. He noted that it is quite explicit and the Planning Commission has held public hearings and discussed this issue on numerous occasions. The necessary notice for this hearing was published on February 18, 2000. There was no public discussion.

On roll call vote, all Councilors voted in favor of Ordinance 36, 3d. Mayor Wangen declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original

Ordinance 36, 3d included with these minutes.)

ORDINANCE 37, 3d ENACTED - ESTABLISHING LICENSING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES - PUBLIC HEARING

Mayor Wangen announced that this is a public hearing for an ordinance which establishes the licensing requirements for sexually oriented businesses. The necessary notice for this hearing was published on February 18, 2000. There was no public discussion. On roll call vote, all Councilors voted in favor of Ordinance 37, 3d. Mayor Wangen declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original

Ordinance 37, 3d included with these minutes.)

HABBEN ANNEXATION ACKNOWLEDGED

City Manager Sparks explained that the Habben annexation is complete and that the State Planning Office has forwarded approval of the annexation ordinances effective February 11, 2000.

Councilor Brooks moved, Councilor Amundson seconded, that the Habben annexations be acknowledged. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the annexations acknowledged.

City Manager Sparks explained that this resolution approves the final plat for Fountain Lake Pointe Subdivision. This area was replatted to accommodate the change in use that is proposed. The conditions included in the original Resolution 99- 273 continue to apply.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-44, approving Fountain Lake Pointe Second Addition final plat, 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

00-44 included with these minutes.)

ORDINANCE 38, 3d INTRODUCED - REZONING THE NORTH SIDE OF FOUNTAIN STREET EAST OF THE HOSPITAL FROM R- 3 TO R- O

Mayor Wangen informed the Council that this ordinance rezones the area on the north side of Fountain Street east of the Hospital to the east line of Fountain Lake Park from R- 3 to R- O. The R- O District allows offices to be built within the district. The park is included to maintain continuity of zoning.

After Council discussion, Councilor McPherson introduced Ordinance 38, 3d. Ordinance 38, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 38, 3d included with these minutes.)

City Manager Sparks explained the City Engineer has prepared a feasibility report for Circle Drive and Circle Avenue reconstruction pursuant to Council request. The Engineer has proposed two options for this project, one being reconstruction of the concrete curb and gutter, bituminous street surfacing and sidewalk replacement on Circle Drive and the reconstruction of concrete curb and gutter and bituminous street surfacing on Circle Avenue. The second option would include curb, gutter and street surfacing but the existing sidewalk would be removed and not replaced. Option two is less expensive but may not be the option of choice by the residents.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-45, calling a hearing for Job 2004 with billing option one for April 10, 2000, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

City Manager Sparks noted that the City would bill the most expensive option and notice the property owners of the second option.

(See Secretary’s Original Resolution

00-45 included with these minutes.)

City Manager Sparks explained that this resolution declares an emergency for the approval of purchase of valves for installation at the main lift station arising from the need to get the valves ordered prior to the actual bids for installation. He noted that there is a long lead time, approximately eight weeks, for delivery of the valves necessary for the creation of safety and redundancy features at the lift station to avoid a bypass. He noted that the staff is recommending the purchase of the Pratt/Keystone 36" M.J.P.V. valve at a cost of $20,277.00 with Mega- Lugs from Plant and Flanged Equipment Company and the purchase of the three DeZurik 18" PV valves at a cost of $17,326.50 and one GAC Industries 14" Surge Relief valve at a cost of $13,642.65 from Davco, Inc.

Councilor Sorenson questioned why the staff is not including the four- 18" resilient seated gate valves. City Manager Sparks explained that the Engineer did not include these in his request because only one bid was received. He noted that the delivery for these valves is also eight weeks and that the Council can include these valves in the authorization.

After additional Council discussion, Councilor Amundson moved, Councilor Kron seconded, that Resolution 00-46, declaring an emergency for the purchase of valve replacement and installation at the main lift station and authorizing the purchase of the five recommended valves and the additional four- 18" resilient seated gate valves, 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

00-46 included with these minutes.)

City Manager Sparks reported that he had received a Notice of Hearing from the Freeborn County Environmental Services Department relating to a request from Todd Leach for a change in zoning for property he owns in Section 28 and 33 of Albert Lea Township from agriculture to B- 1. He noted that staff believes that this rezoning change to business induces urban sprawl. He noted that if at such time a request for sewer and water extension is made to this site that it would be extremely expensive.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that Resolution 00-47, opposing the Leach rezoning, 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

00-47 included with these minutes.)

UNLISTED ITEMS

Mayor Wangen:

a) Noted that there has been recent discussion about Albert Lea’s lack of growth. He urged all citizens to complete the census forms expected to arrive in April and return them to assure that all residents in Albert Lea are being counted. He reminded everyone that the numbers reflect on City, County and State representation and on federal aid funds. Response to the census is very important for the City of Albert Lea to maximize the numbers. He fears that snowbirds, renters and new residents are getting missed in the count..

b) Announced that after 25 years on the City Council, including ten years as Mayor, he will not seek re- election.

WARD ITEMS

First Ward, Councilor Amundson:

a) Stated that there are several trailers parked on streets in the Jobs Park noting that parking on unpaved areas is causing loaded trucks to sink. He is requesting Council consideration for permitting parking of trailers on one side of the street along Myers Road and 14^th Street. City Manager Sparks pointed out that the City would need to be mindful of driveways on those streets and that businesses are not providing enough off- street parking for these trucks. City Engineer Olson stated that temporary signs could be placed along the streets.

Councilor Amundson moved, Councilor Sorenson seconded, that Resolution 00- 48, authorizing parking of semi trailers on Myers Road and 14^th Street limited to one side of the street at the discretion of the City Engineer and only during road posting season, 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

00-48 included with these minutes.)

Second Ward, Councilor McPherson:

a) Noted that the monument in Central Park is missing. He questioned whether it had gone in for cleaning or repairs. City Manager Sparks will investigate.

Fourth Ward, Councilor Sorenson:

a) Stated that the far north stall on the east side of North Broadway is posted for 15- minute parking. He questioned why this stall is posted. City Manager Sparks reported that it was posted at the request of condo residents adjacent to the area. Councilor Sorenson stated there are five unavailable stalls in that area including two handicap stalls, two 15- minute stalls in front of the Chamber office and one 15- minute stall at the north end. Councilor Sorenson moved to remove the 15- minute stall at the north end of Broadway and one 15- minute stall in front of the Chamber of Commerce Office. The motion died for lack of a second.

Fifth Ward, Councilor Kron:

a) Questioned whether semis are permitted on Broadway and other streets downtown. City Engineer Olson stated that semis are permitted on State Aid streets.

b) Introduced Ordinance 39, 3d to increase Council salaries from $8,500 for the Mayor to $12,000 per year and from $4,800 for the Councilors to $8,000 per year. Ordinance 39, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 39, 3d included with these minutes.)

PUBLIC ITEMS

Patrick Corrigan, 814 Frank Hall Drive, extended his thanks to the Mayor for his years of service and indicated that the Mayor had given the City exceptional performance during his years of service.

ADJOURNMENT – 8:15 P.M.

Councilor Amundson moved, Councilor McPherson 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, March 13, 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 29, 2000.

________________________                                         _____________________________

Secretary of the Council                                                     Mayor