Albert Lea, MN

March 22, 2004

Pastor Jay Dahlvang, Salem Lutheran 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 Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.

The Pledge of Allegiance was recited.

David Wentzel of Alliant Energy presented a plaque to the City Council for its involvement in Alliant’s shared savings program in 2003 for energy efficiency. Mr. Wentzel also announced the ribbon cutting for the four Capstone micro turbines at the Wastewater Treatment Plant on April 30. Invitations will be mailed for this ribbon cutting.

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MARCH 8, 2004.

(b)  LICENSES APPROVED:

ANNUAL LICENSE

SIGN HANGER

Pride Neon, Inc., 3010 West 10^th Street, Sioux Falls, SD

TEMPORARY LICENSES

OFF-PREMISES LIQUOR SALES

Aragon Bar, Inc., 130 West College Street, for the Ducks Unlimited banquet on April 3, 2004 at the National Guard Armory

Aragon Bar, Inc., 130 West College Street, for St. Theodore’s Catholic Church fundraiser on April 17, 2004 at the Freeborn County Fairgrounds

(c)  RESOLUTION 04-72 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-72 approves the Minnesota Lawful Gambling Permit Renewal Application for the Eagles Aerie 2258, 205 West William.

(See Secretary’s Original Resolution 04-72 included with these minutes.)

(d)  RESOLUTION 04-73 ADOPTED – APPROVING CONTRACT WITH KATE/KCPI: Resolution 04-73 approves a contract with KATE/KCPI Radio for use of the City Arena in exchange for $2000 advertising credits.

(See Secretary’s Original Resolution 04-73 included with these minutes.)

(e)  RESOLUTION 04-74 ADOPTED – CALLING A PUBLIC HEARING FOR JOB 0314: Resolution 04-74 calls for a public hearing at 7 p.m. on April 26, 2004 to consider the proposed assessments for Job 0314, reconstruction of Lakeview Boulevard from Wedge Street to 200 feet north of The Fairway.

(See Secretary’s Original Resolution 04-74 included with these minutes.)

(f)  RESOLUTION 04-75 ADOPTED – CLAIMS: Resolution 04-75 presents the financial claims of the City.

(See Secretary’s Original Resolution 04-75 included with these minutes.)

Councilor Marin moved, Councilor Brooks 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 public hearings for Job Opportunity Building Zone Business Subsidy Agreements with Larson Manufacturing, Alamco Wood Leasing, Inc./M. F. Technologies, Inc. and Trail’s Truck Service Center, Inc. The necessary notice for this hearing was published on March 16, 2004. There was no public discussion.

Ed Tschida, Advance, Inc., the City’s consultant on JOBZ projects, appeared before the City Council to explain the projects included in these hearings. He recommended that the public hearings for agreements with Larson Manufacturing and Trail’s Truck Service Center be continued to the Council’s April 12 meeting due to some problems that have surfaced in these projects.

After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that the public hearing for the agreement with Larson Manufacturing be continued to the April 12 Council meeting. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing continued.

After additional discussion, Councilor Marin moved, Councilor Amundson seconded, that Resolution 04-76, authorizing a JOBZ business subsidy agreement with MF Technologies, Inc. and Alamco Wood Leasing, Inc., 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 04-76 included with these minutes.)

Councilor Amundson moved, Councilor Fjelstad seconded, that the public hearing for the agreement with Trail’s Truck Service Center, Inc. be continued to the April 12 Council meeting. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing continued.

City Manager Sparks told the Council that a letter from the Austin Director of Administrative Services requesting the Council waive the formal audit for the Blazing Star Bike Trail Joint Powers Authority for 2003. Only one expenditure was incurred, a bill for $250 for surveying services.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-77, waiving the formal audit for the Blazing Star Bike Trail Joint Powers Authority for 2003. 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 04-77 included with these minutes.)

City Manager Sparks explained that the City Attorney has requested Council authorization to proceed with the demolition of 406 Main Court. He noted that no progress has been made on any improvements to the property since the Council granted a six-month dispensation last September.

Councilor Kron moved, Councilor Fjelstad seconded, that demolition of 406 Main Court be ordered.

Council discussion centered around the fact that the improvements have not been completed during the previous six months, the fact that the owner has begun work on the building, a concern that the Council is setting a precedent by agreeing to additional time and the fact that the Inspection staff doesn’t feel that the building can ever be brought up to code.

David Poole, 1020 Dunham, told the Council that he hasn’t talked with an inspector during the six month period and that he believes he can complete the improvement in 60 days.

After Council discussion and on roll call vote, Councilors Kron, Brooks and Mayor Eaton voted in favor of demolition with Councilors Amundson, Erdman, Marin and Fjelstad voting nay. Mayor Eaton declared the motion defeated.

Councilor Fjelstad moved, Councilor Amundson seconded, that the property owner be given an additional 60-day extension to complete the improvement. On roll call vote, Councilors Amundson, Erdman, Marin and Fjelstad voted in favor of the extension with Councilors Kron, Brooks and Mayor Eaton voting nay. Mayor Eaton declared the motion approved and the 60-day extension granted.

City Manager Sparks reported that this resolution authorizes the Port Authority to allow the Executive Director to participate in an employee funded health savings account and since the ICMA/RC contract is with the City, with the Port Authority as an adjunct agency, the creation of the VantageCare account requires Council approval.

Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 04-78, authorizing Port Authority participation in a VantageCare health savings account for its Executive Director, 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 04-78 included with these minutes.)

City Manager Sparks noted that this resolution authorizes the purchase of a truck box, hydraulics and plow equipment for dump truck #231 under the state contract. The quote is provided by J-Craft of Kimball, Minnesota in the amount of $54,555.69.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-79, authorizing the purchase of a truck box, hydraulics and plow equipment under the state contract from J-Craft of Kimball, Minnesota in the amount of $54,555.69, 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 04-79 included with these minutes.)

City Manager Sparks told the Council that this resolution approves a contract with Bolton & Menk for professional engineering services for the reconstruction of Hatch Bridge and Lakeview Boulevard from Wedge Street to 200 feet north of The Fairway and replacement of underground utilities. He noted that the agreement includes an estimated cost of $172,800 which will be paid using Municipal State Aid Funds.

Roger Bok, 1012 Cato Drive, asked what the width of the pipe would be and the City Engineer responded 14 feet. Mr. Bok then suggested that the opening be wider than the original bridge.

Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-80, approving a professional engineering service agreement with Bolton & Menk at an estimated cost of $172,800, 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 04-80 included with these minutes.)

City Manager Sparks explained that Pioneer Park road has never been declared as a public road. In the public domain there is a roadway that starts from the lot lines along the road and runs south to the lake. This area is City owned. In order to clear up title problems for houses along the road, the City needs to declare that the area between the lot lines and the lake is public right-of-way so that each home has technical access to a public road.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-81, dedicating public right-of-way for Pioneer Park road, 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 04-81 included with these minutes.)

City Manager Sparks explained that the City Planner has prepared a five-year Capital Improvements Plan for the City of Albert Lea and he is requesting the City Council call a public hearing for the adoption of this plan. He noted that this is a very important tool for the City and suggested a hearing be called for April 26 to allow the Council time to study the plan.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-82, calling a public hearing for the Capital Improvement Plan for 7 p.m. on April 26, 2004, 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 04-82 included with these minutes.)

City Manager Sparks announced that this is his last City Council meeting as the City Manager. He thanked the current and previous Councilors and City staff noting that he has enjoyed his almost 26 years with the City.

Mayor Eaton congratulated the Albert Lea Figure Skaters and the Show Choir for their events held over the past weekend, congratulated Bob Graham for 25 years of service and thanked Paul Sparks for his 26 years of service noting that he has kept the City fiscally responsible and done a great job. She announced that the new City Manager Victoria Simonsen will begin her employment with the City on April 5.

Second Ward, Councilor Erdman:

(1)  Noted that he is still getting phone calls regarding parking around the hospital. Councilor Erdman moved to direct the City Attorney to prepare a draft ordinance for residential parking zones. The motion was seconded by Councilor Fjelstad. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton directed the City Attorney to prepare the draft ordinance.

(2)  Congratulated Paul Sparks on his years of service and noted that he has attended approximately 620 Council meetings. He also credited Mr. Sparks for getting the Farmland buildings torn down.

Third Ward, Councilor Marin:

(1)  Congratulated Mr. Sparks on his 26 years of service.

(2)  Requested the City Attorney prepare a written legal opinion regarding the loan provided to the Chamber Foundation at the last meeting. Was this a legal action?

Fourth Ward, Councilor Fjelstad:

(1)  Has received calls about the fact that Victory Sports is not on cable television. He asked if another cable company could set up a system in Albert Lea. City Manager Sparks explained that a franchise agreement would be necessary and told Councilor Fjelstad that the current company would probably challenge this in court unless a new company would do a total overlay of the City.

(2)  Asked that Richway Drive be designated east or west as people on East Richway are receiving mail for those on West Richway.

(3)  Noted that they wanted to give Paul Sparks a key to the City but since he already had one the Council changed the locks and called it good.

Fifth Ward, Councilor Kron:

(1)  Requested yellow curb on the east side of Euclid at College.

(2)  Has a report on a condemned property and is turning it over to the City Attorney for a demolition order.

(3)  Announced that a lady in the audience has a request for park equipment.

LeAnn Jacobson, 206 Charlotte, noted that Eberhart Park has one slide and some swings and requested that additional park equipment be added. Mayor Eaton told Ms. Jacobson that Park and Recreation will look into this request.

(4)  Thanked Paul Sparks noting that he was an excellent City Manager and that he would do a wonderful job at the Port Authority.

Sixth Ward, Councilor Brooks:

(1) Thanked Paul Sparks for his commitment to the City.

Roger Bok, 1012 Cato Drive, commented that snow being placed in the right-of-way is illegal, asked why the address for Garden Villa Park was changed, told the Council that if they changed access to the park a public meeting must be held, asked about the siren on South Shore Drive and commented on the clause in the Consent Agenda.

Councilor Marin 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, April 12, 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 March 23, 2004.

 /S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor