Albert Lea, MN                                                                                                                             April 24, 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 APRIL 10, 2000.

(b) LICENSES AND BONDS APPROVED:

David Adams dba Adams Tree Service, Clarks Grove

Story Lady Doll Museum for the Armory April 30

Nathaniel Ohnstad, Ellendale, for the Elks Club on May 13

Jim Swenson, 1909 Greenwood Drive, for the Elks Club on May 20

Scott Petersen, R.R.2, Alden, for the Elks Club on May 27

(c) RESOLUTION 00-71 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-71 approves a Premise Permit Renewal Application for the Glenville Community Recreation Corporation at the Office Bar II, 1119 S. Broadway Avenue.

(See Secretary’s Original Resolution

00- 71 included with these minutes.)

(d) RESOLUTION 00-72 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-72 approves a Premise Permit Renewal Application for the Eagles Aerie 2258 at 205 W. William.

(See Secretary’s Original Resolution 00- 72 included with these minutes.)

(e) RESOLUTION 00-73 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-73 approves a Premise Permit Renewal Application for the Elks Lodge 813 at 1811 S.E. Broadway.

(See Secretary’s Original Resolution

00- 73 included with these minutes.)

(f) RESOLUTION 00-74 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-74 approves a Premise Permit Renewal Application for the Austin Mower Handicap Council at the Nite Out Lounge, 2306 E. Main Street.

(See Secretary’s Original Resolution

00- 74 included with these minutes.)

(g) RESOLUTION 00-75 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-75 approves a Premise Permit Renewal Application for the Union Center at 404 E. Main Street.

(See Secretary’s Original Resolution

00- 75 included with these minutes.)

(h) RESOLUTION 00-76 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-76 approves a Premise Permit Application for the Glenville Community Recreation Corporation at the Albert Lea Country Club, 1701 Country Club Road.

(See Secretary’s Original Resolution

00- 76 included with these minutes.)

(i) RESOLUTION 00-77 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-77 approves an Application to Conduct Excluded Bingo from the Veterans of Foreign Wars Post 447 at the Freeborn County Fair between August 1 and

August 6, 2000.

(See Secretary’s Original Resolution

00- 77 included with these minutes.)

(j) RESOLUTION 00-78 ADOPTED: Resolution 00-78 calls a public hearing to consider the adoption of proposed Miscellaneous Assessment Roll 25 for May 22, 2000.

(See Secretary’s Original Resolution

00- 78 included with these minutes.)

(k) RESOLUTION 00-79 ADOPTED - CLAIMS: Resolution 00-79 presents the financial claims of the City.

(See Secretary's Original Resolution

00-79 included with these minutes.)

After council discussion, Councilor Sorenson moved, Councilor Amundson 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.

PELICAN BREEZE REQUESTS

Jean Eaton, 515 Park Avenue, appeared before the City Council on behalf of the Pelican Breeze Foundation. She noted that the Foundation Board is requesting assistance this year through provision of the dock, a porta potty and use of the dumpster at the Pool as has been provided in previous years. However, this year the Board is also requesting signage to the site and financial assistance to assist the Foundation with advertising and printed materials, office staff and telephone service and extra maintenance expenses. She noted that the Board is thinking along the lines of $500 to $1500 for financial support.

Discussion included the location of signs for both the Pelican Breeze and the Bike Trail and the fact that this assistance should come from the CVB. Mrs. Eaton noted that they had contacted the CVB and were pointed toward the City Council.

After council discussion, Councilor Kron moved, Councilor Sorenson seconded, that the council approve all amenities requested such as the dock, porta potty, dumpster and signage excluding the financial support. On roll call vote, all councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the request for amenities granted.

Additional discussion included the Foundation’s request for financial support. Councilor Brooks requested that the Pelican Breeze Board submit a written financial request with supporting documentation. City Manager Sparks responded that the council may not legally be permitted to provide this financial assistance. Ms. Eaton stated that the Board wants the money for marketing and insurance. Mayor Wangen requested financial information from the Board be presented to the City Council for further consideration.

REQUEST FROM LOW BUCKS CAR CLUB FOR FINANCIAL ASSISTANCE

Mayor Wangen stated that the Council had received a request from the Low Bucks Car Club for financial assistance in the amount of $1,000. City Manager Sparks suggested that the CVB be approached to pay for an ad.

Council discussion centered around a need to have a workshop meeting to discuss a policy for distribution of these funds, the need to closely scrutinize each request, the amount brought into the City through these promotional activities and the fact that a written request was received from the Low Bucks Car Club.

City Manager Sparks suggested that perhaps the Low Bucks Car Club could provide the Council with a copy of the ad in the Linechaser Newsletter for the Minnesota Street Rod Association which is distributed to 10,000 members.

After additional discussion, Councilor Kron moved, Councilor Sorenson seconded, that the request for financial support from the Low Bucks Car Club, be denied. On roll call vote, all councilors voted in favor of the denial with the exception of Councilors Amundson, McPherson and Brooks who voted nay. Mayor Wangen declared the motion carried and the request denied.

ORDINANCE 40, 3d ENACTED – AMENDING IDD ZONING TEXT – PUBLIC HEARING

Mayor Wangen opened a public hearing for Ordinance 40, 3d which amends Chapter 74 of the City Code relating to the Interstate Development District Zoning text to add sections for Multiple Family Residential, Day Care and Live/Work. The necessary notice for this hearing was published on April 14, 2000.

There was no public discussion. On roll call vote, all councilors voted in favor of Ordinance 40, 3d. Mayor Wangen declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original

Ordinance 40, 3d included with these minutes.)

COMPREHENSIVE ANNUAL FINANCIAL REPORT ACCEPTED

Mayor Wangen stated that the Finance Department has submitted the 1999 Comprehensive Annual Financial Report for council consideration. This is the audited financial statement for the City. He noted that the Council discussed the report with the independent auditing firm at a pre-agenda meeting several weeks ago.

After council discussion, Councilor McPherson moved, Councilor Mathison seconded, that the Comprehensive Annual Financial Report be accepted and placed on file. On roll call vote, all councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the report filed.

REQUEST FOR VARIANCE DENIED

Mayor Wangen stated that the City Council had received a recommendation from the Board of Appeals for denial of the request of Thomas Hayson, 1801 Waldorf Road, to permit a boat house within the lakeshore setback requirement.

Tom Kraus, Waseca, attorney for the Haysons, appeared before the City Council. Mr. Kraus requested careful review of this request noting that all elements exist to demonstrate undue hardship. He explained that the owners have physical disabilities and that this location is the only available spot on the property for placement of the storage shed.

Council discussion centered around the fact that this is a boat house and not a storage shed, that there is a potential for silt with water run-off from the roof, the fact that the structure violates the Shoreland Management Ordinance and the fact that the council has been working for years to rid the shoreline of structures, permanent docks and stairs.

City Manager Sparks explained that certain structures were grandfathered in having been constructed prior to the adoption of the Shoreland Management Ordinance in 1994. He reminded the council that this structure was completed without a permit and after the Inspection Division had issued a notice to cease construction.

Mr. Kraus pointed out that the Shoreland Management Ordinance does permit variances for exceptions. Council discussion centered around the fact that the request does not meet all of the factors included for approval and the fact that the Council could be setting a precedent by allowing this variance.

City Attorney Schwab stated that the owners were not totally honest with the Inspection Division in that they inferred that the building was not permanent and that he was later informed that the structure was permanent. The owner also continued the improvement after receiving orders to stop construction.

After additional discussion, Councilor Sorenson moved, Councilor Mathison seconded, that the Board of Appeals decision to deny the application of Thomas Hayson at 1801 Waldorf Road, be upheld. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Brooks who voted nay. Mayor Wangen declared the motion carried and the denial upheld.

City Manager Sparks explained that this resolution changes the City’s policy and provides that the City may retain up to 25 percent of insurance proceeds from a fire destroyed building for the purpose of removing the building. When the money is retained it provides assurety that the owners or the insurance company will move ahead with demolition and get the fire destroyed building removed. He explained that the City only retains sufficient monies to provide for demolition and removal and that the owner always has the option of proceeding with demolition on their own once the building has been determined to be beyond rehabilitation.

After council discussion, Councilor Mathison moved, Councilor McPherson seconded, that Resolution 00-80 amending Resolution 95-206 relating to escrow account deposits, 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- 80 included with these minutes.)

ORDINANCE 41, 3d INTRODUCED – ADOPTING TOBACCO CONTROL REGULATIONS

City Manager Sparks explained that this ordinance adopts basically the State law on tobacco control. The State statute provides that if we want to regulate or license the sale of tobacco we must pass the tobacco control ordinance. He noted that this is a redundant ordinance and in all likelihood the Police will charge the individuals under the State statute.

Councilor Kron introduced Ordinance 41, 3d. Ordinance 41, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 41, 3d included with these minutes.)

REQUEST FOR "TAKE A KID FISHING DAY"

City Manager Sparks explained that the Fountain Lake Sportsmen’s Club has again requested permission to use Katherine Island and Lincoln Park for its Ninth Annual Take a Kid Fishing Day on June 10 between 9 A.M. and noon.

Councilor McPherson moved, Councilor Mathison seconded, that the request of the Fountain Lake Sportsmen’s Club for permission to use the island and park, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and permission granted.

UNLISTED ITEMS

WARD ITEMS

Fifth Ward, Councilor Kron:

a) Stated that she had received a request from a property owner on Stevens Street that a feasibility report be prepared for improvements to Stevens. City Engineer Olson stated that the City could perhaps overlay the street but reminded the Council that a portion of the street between Wayside and the easterly end is outside of the City limits. Discussion also included the fact that an urban design would require total reconstruction of the street. City Manager Sparks suggested that the feasibility report be provided for a rural design.

Sixth Ward, Councilor Brooks:

a) Residents along Margaretha are concerned with semis coming into the City and turning north instead of south into the industrial park. He suggested more signage directing these semis toward the Jobs Park. City Manager Sparks stated that the City could ask the State for additional signage to the Industrial Park.

Mayor Wangen stated that he had been contacted by residents along Martin Road who are concerned with speeding and exhibition driving. He noted that this occurs primarily on weekends and suggested more police patrol in that area.

PUBLIC ITEMS

Gary Jesse, 642 E. 6^th Street, appeared before the City Council complaining about the property at 635 E. 6^th Street. He noted that there is a large fire pit in the front yard which has now been lined with rock, the property is strewn with chairs, beer cans and other trash. The residents have parties every night with drinking and loud music and have two dogs, one tied and one at large.

Mayor Wangen stated that the leaf burning ordinance applies to leaf burning only due to the smoke created by the leaves and informed Mr. Jesse that the wood burning fire pits are permitted.

Council discussion centered around the fact that several people have fire pits, the possibility of limiting use, a question as to whether the individual is the owner or a renter and the fact that it is difficult to distinquish between an open fire pit and a barbecue pit.

Mayor Wangen noted that the law must be definitive and that the City cannot disallow activities in certain areas and allow it in others.

Mr. Jesse stated that the neighborhood would continue to call Police when the parties become loud and boisterous or when other violations are noted.

Pat Corrigan, 814 Frank Hall Drive, stated that he knows where the house is located and also that he has a recreational fire/grill combination and knows of several others around town. He feels that those should continue to be permitted.

ADJOURNMENT – 8:37 P.M.

Councilor Amundson moved, Councilor Brooks 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, May 8, 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 April 25, 2000.

________________________                                         _____________________________   

Secretary of the Council                                                      Mayor