Albert Lea, MN                                                                                                                                      March 10, 2003

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, Jeff Fjelstad, Mary Kron, Al Brooks, and Mayor Jean Eaton. Also present were Acting City Manager Bill Schmitt, City Attorney Steven Schwab, Public Works Director David R. Olson, Acting Council Secretary Allison Pelvit and representatives from KATE Radio and the Albert Lea Tribune.

The City Council recited the Pledge of Allegiance.

Mayor Eaton thanked Father Schneider of St. Theodore’s Catholic Church for leading the prayer prior to the meeting and welcomed Boy Scout Troop #105, who was in attendance to learn about government.

FOOD/BEVERAGE

Albert Lea Cloverleaf Lions Club, for a pancake breakfast to be held at the Albert Lea Airport on June 8, 2003

PUBLIC DANCE

Tony Gerrero, 602 – 10^th Street SW, Willmar, MN 56201, for a dance to be held at the Knights of Columbus on March 22, 2003

(See Secretary's Original Resolution 03-55 included with these minutes.)

(See Secretary's Original Resolution 03-56 included with these minutes.)

Councilor Brooks moved, Councilor Amundson 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 for the demolition of 1520 Hawthorne Street. Councilor Fjelstad stated that he felt the property owner has invested money in the property and currently possesses a building permit in order to make improvements on the property. Councilor Fjelstad continued by saying that he would like to give the property owner a chance to continue improving it and he would continue to monitor the progress. Councilor Kron stated that the house has looked the same today as it did fifteen years ago. Councilor Kron advised that she believes the property owner should be given a time limit of no more than one year to make the necessary improvements. No one from the public appeared to be heard.

Councilor Fjelstad moved, Councilor Erdman seconded, to remove the proposed order for demolition of 1520 Hawthorne Street from the Agenda. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Amundson and Councilor Kron, who voted ‘Nay’. Mayor Eaton declared the motion to remove the proposed order for demolition from the Agenda carried and the public hearing closed.

Mayor Eaton opened a public hearing for the improvement and preparation of plans for Job 0305, the St. Joseph Avenue reconstruction project.

Luverne Jensen, 1110 St. Joseph Avenue, appeared to present a petition signed by 14 people who live in the affected area to the Council. The petition stated that they believe their street is in excellent condition and that it does not need to be replaced. It also stated that if the sewer system needs to be replaced, the City should do it without replacing the street.

Mayor Eaton asked what the cost would be if the sewer was not repaired at the present time. Acting City Manager Schmitt stated that in the event of a failure, the cost would be severe.

City Engineer Dave Olson stated that the city was able to utilize a special camera to look into several sewers in town and one of them was on St. Joseph Avenue between 5^th and 7^th Street. Dave Olson stated that they found areas where the pipe was completely gone from the upper part of the pipe exposing the soils, areas where the joints were cracked, areas of sags, and mineral deposits in that two block area. Dave Olson also explained that this section of sewer is six inches in diameter and the minimum size used now is an eight inch pipe. He stated that the city utilities department had to bypass, or actually pump out of the manhole, twice in 2002 and three times in 2001 due to the small size of the sewer pipe. Dave Olson stated that if the problem was not fixed now, the result could be a backup of sewage into the areas of Albert Lea to both the South and the East of the service area, which could be much more expensive and troublesome than correcting the problem today by proceeding with proposed improvements.

Luverne Jensen stated that the petitioners’ biggest objection to the project is the widening of the street which would cause removal of many trees.

Dave Olson stated that there were three options available for the reconstruction. The first is to slip-line it, which entails putting in a sock with resin that hardens to take the shape of the inside of the pipe helping it structurally and reduces infiltration. He explained that this option would reduce the size of the already too small six inch pipe.

Dave Olson explained that the second option was pipe bursting, which entails putting a piece of equipment inside the pipe to burst the pipe in all directions in order to replace it with a larger pipe. He stated that with this procedure you could only replace the pipe with a pipe that is one size larger than what is currently in place, which would be an eight inch pipe. The city staff calculated the amount of flow entering the intersection at 7^th Street and St. Joseph and feel that the pipe needs to be at least a 10 inch pipe with a better grade.

The third option explained by Dave Olson consists of the actual excavation and replacement of the sewer. He stated that the city felt that this was the best option for the entire area. Dave Olson continued to explain that the city is justified in completely replacing the 72 year old sewer and water that are currently in use. He stated that the water services are lead joints and the street is only 30 feet wide, which is not wide enough according to the City standard of 33 feet. Dave Olson also stated that the City usually replaces the trees removed in reconstruction projects with more trees than were actually taken out.

Janan Gulbrandson, 522 East 5^th Street, stated she was upset about losing their trees. Ms. Gulbrandson continued by stating that her main concern was that the property owners from the South and East of the area weren’t being assessed even though some of the overflow was coming from that area.

Carilee Squires, 602 East 5^th Street, expressed her concern over the cost of the assessment. She stated that she was a single parent with a set income and she also expressed concern that there were numerous elderly residents on the block. She also said that she believes the City should do all four blocks at the same time if it needs to be done.

Dave Olson stated that there are 18 homes on the assessment roll. Dave Olson then went through the payment options.

Bob Gulbrandson, 522 East 5^th Street, stated that his sewer goes on 5^th Street, and not St. Joseph Avenue. He expressed concern that he was being assessed the same as those residents on St. Joseph despite this fact.

Luverne Jensen stated that he had installed a new driveway last year and expressed his concern that the end of the driveway would be torn up, causing him a loss of approximately $1,200.

Councilor Brooks stated that he understands the viewpoints of the residents in the neighborhood. He explained that he does not know how long the existing sanitary sewer system will last and that the problem affects a lot more people than just in the two block radius. Councilor Brooks stated that he feels if the problem is not fixed soon, it could be more of a problem in the future. He stated that he does not feel he is doing an injustice by voting for the improvements because it will benefit the city despite the fact that the majority of the residents to be assessed are against it.

Carilee Squires asked why the residents that would be affected outside of the assessment area aren’t being assessed. Acting City Manager stated that the assessment is only for a portion of the street. He stated that the sanitary sewer, the water main, and the storm sewer are excluded from the assessments.

Councilor Fjelstad asked whether or not this project would be considered a high priority. City Engineer Dave Olson stated that it was in need of immediate repair. Councilor Fjelstad brought up the fact that the City may not be able to pay for any repairs needed in the future if the improvements are passed on now. Dave Olson stated that the City will be paying $278,000 to fund the project while the property assessments total $64,000.

Councilor Amundson asked City Attorney Steve Schwab what the liability ramifications would be if there is a major malfunction of the sewer seeing that the City has already identified the sewer problems in that area. Steve Schwab stated that the City receives claims every year from sewer backups. He explained that most of the time these claims are denied because the City was not aware of the sewer problem. If the City is aware of the problem and does nothing to correct it, however, the City would more likely be held responsible for any damage. City Engineer Olson stated that the area that could be affected is approximately 20 or 30 blocks.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-57, ordering improvement and preparation of plans for Job 0305, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared motion carried, the resolution adopted, and the public hearing closed.

(See Secretary's Original Resolution 03-57 included with these minutes.)

Mayor Eaton opened a public hearing for the transfer of the D & M Evans Enterprises, LLC d/b/a Liquor Depot off-sale liquor license to R & B LLC d/b/a Liquor Depot, at 606 South Broadway. The necessary notice for this hearing was published on February 27, 2003. No one appeared to be heard.

Councilor Kron moved, Councilor Brooks seconded, that the transfer of the off-sale liquor license from D & M Evans Enterprises, LLC d/b/a Liquor Depot off-sale liquor license to R & B LLC d/b/a Liquor Depot, be approved. Mayor Eaton declared motion carried and the public hearing closed.

Acting City Manager Bill Schmitt explained that Ducks Unlimited has requested permission to put a duck nest on pond #2, the large pond down by the Blazing Star Trail. The duck nest is a platform on which ducks can build their nests to keep their eggs away from predators.

Councilor Brooks moved, Councilor Kron seconded, that the request for permission to place a duck nest on pond #2 be granted. Mayor Eaton declared the motion carried.

Acting City Manager Bill Schmitt explained that Verlys Huntley has requested permission to use the parking lot north of the Civic Theater for another year on behalf of the Farmers’ Market.

Councilor Erdman stated that he felt the Farmers’ Market was a very positive thing for the downtown area.

Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-58, authorizing the Farmers’ Market to use the North half of the City Parking Lot at the Northeast corner of Water Street and Washington Avenue between mid-May and the end of October, 2002 each Wednesday from 3 p.m. to 7 p.m. and each Saturday from 8 a.m. to 1 p.m. with the City providing trash receptacles, identification signage and parking cones, 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 03-58 included with these minutes.)

Acting City Manager Bill Schmitt explained that Kimberly Erickson has proposed to donate a vacant lot, further described as Lot 7, Block 5, Belmont Addition, located at 928 First Avenue South to the City of Albert Lea. He continued to say that Ms. Erickson is an out of town owner who no longer wants to pay taxes on the lot or be responsible for it. He stated that Ms. Erickson has tried unsuccessfully to sell the narrow lot to her neighbors so she asked the City if they were interested in owning it.

Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 03-59, accepting donation of the lot to the City, be approved. Mayor Eaton declared motion carried and the resolution adopted.

(See Secretary's Original Resolution 03-59 included with these minutes.)

Andy Henschel, Watershed Technician for Freeborn County Environmental Services, explained to the Council that he has previously developed a management plan for Albert Lea Lake, which included an aeration system and fish stocking. Once they finished the plan for Albert Lea Lake, he had a request to start a management plan for Fountain Lake. Mr. Henschel has asked the board to put together a committee of community members to meet and develop a management plan for Fountain Lake.

Mayor Eaton announced the following appointments to the Fountain Lake Committee:

Councilor Fjelstad moved, Councilor Amundson seconded, that Resolution 03-60, appointing members to the Fountain Lake Committee, 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 03-60 included with these minutes.)

Acting City Manager Schmitt noted that the planning commission submitted this resolution for St. Theodore’s Catholic Church parking lot. Councilor Erdman added that he believes this project will really improve the property and beautify the area.

Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-61, approving a conditional use permit amendment for St. Theodore’s Catholic Church parking lot, 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 03-61 included with these minutes.)

Acting City Manager Schmitt explained that this resolution was submitted by the Planning Commission. He stated that this involves a fairly small area near Edward’s Manufacturing. He noted that there are three conditions included on the resolution.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 03-62, approving the preliminary and final plat of Edwards Addition, 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 03-62 included with these minutes.)

Acting City Manager Bill Schmitt explained that this resolution approves a reduction in the building permit fee by 50% for the County Courthouse project. He further explained that the total fee is $25.2 million construction. The total fee would normally be about $88,000 but the 50% reduction would bring the fee down to $44,000, which would be close to the City’s actual cost.

Ron Gabrielsen, Freeborn County Administrator, spoke to the Council stating that he was concerned about the high cost of the permit so he spoke with City Manager Paul Sparks to see if there was anything that could be done to reduce it. City Manager Sparks told Mr. Gabrielsen that the City’s portion of the fees could be reduced. Mr. Gabrielsen also stated that this is a matter of reciprocity between the City and the County.

Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 03-63, approving a reduction in the building permit fee by 50% for County Courthouse, 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 03-63 included with these minutes.)

Acting City Manager Schmitt noted that this resolution approves a $60,000 loan to the Small Business Development Center for purposes of lease improvements for Crescent Electric at the Center. The loan would be used for offices, bathrooms, and other necessary office amenities. The $60,000 would be a 0% interest rate and would be paid off at the rate of $1,000 per month for 5 years, or 60 months. Mayor Eaton added that Crescent Electric would be an anchor tenant in the Small Business Development Center, which was the key issue to allowing them in.

After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that Resolution 03-64, approving a loan to Small Business Development Center from revolving loan fund, 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 03-64 included with these minutes.)

Acting City Manager Schmitt explained that OSHA has required firefighters to be medically certified to use a self-contained breathing apparatus, which is an essential part of firefighting. Without certification, a person cannot be a firefighter.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that Resolution 03-65, adopting the Fire Department medical examination policy, 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 03-65 included with these minutes.)

Second Ward, Councilor Erdman:

(a) Commended Mayor Eaton for her leadership in planning the Mayor and Council Retreat on Friday, March 14, 2003. He noted that this was the first of its kind and that he believes it will help to make them more effective as a Council by transforming vision into action to accomplish objectives.

Fourth Ward, Councilor Fjelstad:

(a) Stated that he was following up on Mr. Earl Christensen’s question from the February 24, 2003 Council meeting regarding the cost to switch from quarterly to monthly water billing. Councilor Fjelstad stated that the increase per year is $24,000, or $2,000 per month. He stated that the City turned to monthly billing to help people remain current on the water bills.

Sixth Ward, Councilor Brooks:

(a) Noted that he has received some complaints about South Broadway Avenue being bumpy and uneven in the area between 9^th Street and 11^th Street.

(b) Suggested that 11^th Street sign have an ‘E’ and a ‘W’ designation at South Broadway to differentiate East 11^th Street from West 11^th Street. He stated that there was an emergency vehicle dispatched that did not know which direction to go. City Engineer Dave Olson stated that he would check into the situation.

Mayor Eaton:

(a) Stated that she encourages the public to contact our legislatures about our LGA cuts. She added that the proposed cuts could be devastating to Albert Lea. She noted that the cuts would include 46% for 2003 and 155% for 2004, which means a loss of $2.5 million. She listed the following contacts:

(b) Thanked the community and the Boy Scout Troop #105 for attending the Council meeting.

Roger Bok, 1012 Cato Drive, stated that the City needs to fix the speaker system in the Council Chambers. He stated that Minnesota says the people need to hear and see the vote.

Mr. Bok stated that he would like to see the Consent Agenda removed from the Agenda adding that he believes it is wrong. He also stated that he would like to see Public Items placed on the Agenda before the Public Hearings as it was in the past.

Mr. Bok also pointed out that two of the County Commissioners were seated in the audience. He expressed his wish to have them tell the public where the hazardous waste is in Freeborn County. He stated that the people already know what is out at Edgewater.

Councilor Brooks 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, March 24, 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 March 11, 2003.

Acting Secretary of the Council

Mayor