Albert Lea, MN

April 26, 2004

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, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Absent was Councilor George Marin. Also present were City Manager Victoria Simonsen, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The Pledge of Allegiance was recited.

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 12, 2004.

(b) LICENSES APPROVED:

ANNUAL LICENSE

CIGARETTE

Nielsen’s Conoco, 701 South Broadway

FIREWORKS

Phantom Fireworks, 121 North 9^th Avenue East, Duluth, at Nelson’s County Market, 1619 West Main Street

FOOD/BEVERAGE

Nielsen’s Conoco, 701 South Broadway

(c) RESOLUTION 04-95 ADOPTED – CLAIMS: Resolution 04-95 presents the financial claims of the City.

(See Secretary's Original Resolution 04-95 included with these minutes.)

Councilor Brooks moved, Councilor Kron 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 the continued public hearing for Job 0113, the extension of sewer and water on C.S.A.H. 46. The necessary notice for this hearing was published on April 23, 2004.

City Manager Victoria Simonsen explained that this project is a three-part project, one being the extension of sewer and water from Trail’s to C.S.A.H. 38, which she is recommending be tabled indefinitely, the second being the extension of sewer and water to Government Acres Subdivision and the third is the repair of the sewer in front of Trail’s Travel Plaza.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Job 0113, including the extension of sewer and water to the Government Acres Subdivision and the repair of the sewer in front of Trail’s Travel Plaza, be authorized. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary's Original Resolution 04-96 included with these minutes.)

Mayor Eaton opened a public hearing for the issuance of a temporary on-sale liquor license to the Freeborn County Agricultural Society for the Freeborn County Fair Beer Garden from August 5 through 8, 2004. The necessary notice for this hearing was published on April 23, 2004.

Councilor Amundson moved, Councilor Brooks seconded, that the temporary on-sale liquor license for the Freeborn County Agricultural Society for the Freeborn County Fair Beer Garden from August 5 through 8, 2004, be approved. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the public hearing closed.

Mayor Eaton opened a public hearing for Job 0314, the reconstruction of Lakeview Boulevard from Wedge Street to just north of The Fairway including replacement of Hatch Bridge. The necessary notice for this hearing was published on April 23, 2004.

City Manager Simonsen explained that this is also a three-part project, the first being the reconstruction of Lakeview Boulevard, the second being the reconstruction of Hatch Bridge and the third being a petition for the reconstruction of Wedge Street. She explained that it is necessary for the Council to decide whether the bridge replacement should include a box culvert design or slab-span bridge design. She also noted that the slab-span bridge is approximately $200,000 more expensive but the project would be eligible for municipal state aid funding.

Roger Bok, 1012 Cato Drive, asked whether a wooden bridge had been considered. City Engineer Steve Jahnke told Mr. Bok that a wooden bridge was not considered as the State is providing a majority of the money for the replacement and that they would not accept a wooden bridge.

Alice Hanson, 612 East Park Avenue, spoke in favor of the slab-span bridge.

Tony Trow, 522 Park Avenue, spoke in favor of the slab-span bridge.

After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Job 0314, the reconstruction of Lakeview Boulevard, Hatch Bridge with a slab-span bridge design and Wedge Street, 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 04-97 included with these minutes.)

Mayor Eaton opened a public hearing for the 2004-2008 Capital Improvements Plan. The necessary notice for this hearing was published on March 30, 2004.

City Manager Simonsen commented that this plan is used as a tool to identify, prioritize and address community needs through long-range planning and balanced public investment, in supporting the physical infrastructure of the community. She noted that this document has been available in the Public Library for public review.

After Council discussion, Councilor Fjelstad moved, Councilor Kron seconded, that the 2004-2008 Capital Improvements Plan as presented, be accepted. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the plan approved.

Mayor Eaton opened a public hearing for Ordinance 75, 3d, accepting the Minnesota Office of Strategic and Long Range Planning Annexation Order for Government Acres. The necessary notice for this hearing was published on April 23, 2004.

On roll call vote, all Councilors voted in favor of Ordinance 75, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 75, 3d included with these minutes.)

City Manager Simonsen reported that representatives of the Downtown Association and the City will host a public workshop on May 4 at 5:30 p.m. in the multi-purpose room of City Hall to discuss downtown parking issues and alternatives for improvement.

Councilor Erdman moved, Councilor Brooks seconded, that the workshop session be scheduled. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the workshop scheduled.

City Manager Simonsen explained that this item was carried over from the last Council meeting. The association is requesting that the City provide staff to supervise the park due to its tier 2 status. She commented that the staff is recommending that the equipment within the park be converted to a tier 1 status allowing open use of the park without staff supervision.

Councilor Kron moved, Councilor Fjelstad seconded, that the City assume responsibility for the skate park and that the tier 2 equipment be converted to a tier 1 status.

Paul Evenson, 1205 Foothills Circle, asked who would pay for the cost of the change. Ms. Simonsen explained that the money the association intended for the insurance payment could be used for that purpose with the City paying the remaining cost. Mr. Evenson then suggested that the park be closed and locked at night.

After Council discussion and 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 04-98 included with these minutes.)

Quincy Borland of One Stop Wireless appeared before the City Council to request permission to use Morin Park for a basketball tournament on May 28, 30 and 31, 2004. He is also requesting permission to sell beer and have bands play nightly from 8 p.m. to midnight. Furthermore, he has requested that the City supply power needed to host this event as well as City staff paint the basketball hoops and court.

City Manager Simonsen explained that the City does not permit alcohol consumption in City parks. Councilor Fjelstad suggested Mr. Borland use NorthBridge Mall for the tournament and the fairgrounds for the dance. He also noted that alcohol is permitted at the fairgrounds.

Jim Jirele, 2225 Milo Avenue, told the Council that he had been involved in various youth activities in the Twin Cities and that alcohol and youth don’t mix. Mr. Borland responded that he would have security. Mr. Jirele said that he has seen events in parks turn into brawls.

After discussion, Councilor Brooks moved, Councilor Kron seconded, that the request for the basketball tournament at Morin Park without alcohol and one night permitted for bands, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the event as modified be approved.

City Manager Simonsen told the Council that Jill Koehler, director of the CVB, has requested permission to tie yellow ribbons on trees throughout the community, specifically on boulevards, in remembrance of our military troops in Iraq and the Middle East.

After Council discussion, Councilor Fjelstad moved, Councilor Kron seconded, that the request for the yellow ribbon campaign, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

PLANNING COMMISSION APPOINTMENT

City Manager Simonsen noted that Mayor Eaton has submitted the appointment of Tom Tubbs, 2734 Campus Lane, to the Albert Lea Advisory Planning Commission for a term expiring December 31, 2006.

Councilor Erdman moved, Councilor Brooks seconded, that the Mayor’s appointment of Tom Tubbs to the Planning Commission be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointment confirmed.

Darwin Vikers, Larson-Allen, presented the Comprehensive Annual Financial Report for the year ending December 31, 2003 at the City Council’s pre-agenda meeting. The document is now before the City Council for formal acceptance.

Councilor Amundson moved, Councilor Brooks seconded, that the Annual Financial Report be received and placed on file. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the report received.

Councilor Brooks thanked the Finance Department staff for the excellent job.

This resolution allows the signature of the new City Manager to replace that of the former City Manager on City Funds that require such signature.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-99, amending Resolution 04-12 relating to signatories, 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 04-99 included with these minutes.)

City Manager Simonsen explained that this resolution calls for a public hearing at 7 p.m. on May 24, 2004 to consider proposed special assessments of a miscellaneous nature, including water and sewer service charges.

Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-100, calling a public hearing for Miscellaneous Assessments Roll 46 for May 24, 2004, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing called.

(See Secretary's Original Resolution 04-100 included with these minutes.)

City Manager Simonsen told the Council that this resolution dedicates Giles Place from Valley Avenue east as a public highway to clear title on properties adjacent to the street.

Councilor Fjelstad moved, Councilor Amundson seconded, that Resolution 04-101, dedicating Giles Place to the public, 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 04-101 included with these minutes.)

City Manager Simonsen explained that this resolution authorizes the hazardous building at 309 Court Street be removed and dispensed with according to the City Charter. It orders the owners to raze and remove the hazardous buildings within 45 days of receipt of the order.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-102, authorizing an Order for Removal for the structure at 309 Court Street, be approved.

Mike Spurr, 309 Court Street, told the Council that he had lived in the home for ten years and was recently disabled due to an accident. He explained that he intends to size the house and then work on the interior. He expects to have the house up to code requirements by July 26, 2004 and is requesting a three-month extension.

Richard Sydnes, Chief of Fire and Inspection, told the Council that Mr. Spurr had told the inspectors he was going to have some work completed during the week of April 12 through 16. The work was not done. He then promised further work to be done the week of April 19 through 23 and nothing was done. He requested that he be given letters from contractors as to when work would be done on the property. Ms. Simonsen read a list of reasons included in the Order which deem the house to be hazardous.

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

(See Secretary's Original Resolution 04-102 included with these minutes.)

City Manager Simonsen reported that this resolution approving the preliminary and final plats of Pointe A.L. Subdivision No. 3 with conditions recommended by the Planning Commission.

Councilor Kron moved, Councilor Erdman seconded, that Resolution 04-103, approving the preliminary and final plats of Pointe A.L. Subdivision No. 3, 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 04-103 included with these minutes.)

City Manager Simonsen commented that this resolution authorizes the annexation of property owned by the Albert Lea Port Authority located west of Margaretha Avenue and south of 11^th Street adjacent to the existing industrial park.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-104, authorizing annexation of the Albert Lea Port Authority property, 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 04-104 included with these minutes.)

City Manager Simonsen explained that the Albert Lea Economic Development Agency has requested use of some of the Class 7 re-cycle materials currently stored on the Farmland site for controlled fill for the parking area they are planning in the South Industrial Park. She is recommending this request be tabled until a specific volume can be identified.

Councilor Kron moved, Councilor Amundson seconded, that the request for use of the re-cycle materials be tabled for identification of the specific volume required for the parking area can be determined. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request tabled.

The Albert Lea Economic Development Agency has requested that the City authorize a contract with Advance Resources, Inc. for the preparation and submission of the Department of Employment and Economic Development federal loan/grant application to assist Hormel Foods Corporation and Quality Pork Products in the development of a pork processing facility in Albert Lea. The ALEDA will cover the costs associated with the making of the application.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-105, authorizing a contract with Advance Resources, 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 04-105 included with these minutes.)

City Manager Simonsen told the Council that this resolution schedules a public hearing to review an application and eligibility of ProfitPro for the Job Opportunity Building Zone tax exemptions and credits. The hearing will be held on June 14, 2004.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 040-106, calling for a public hearing on the proposal to grant business subsidies to ProfitPro, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing called.

(See Secretary's Original Resolution 04-106 included with these minutes.)

This resolution authorizes the Mayor and City Manager to enter into a contract with the Albert Lea Community Theatre for purposes of renewing a lease for the facility for the 2004-05 season at the same rate as the prior year.

After Council discussion, Councilor Amundson moved, Councilor Kron seconded, that Resolution 04-107, authorizing a contract with Albert Lea Community Theatre for the 2004-05 season, 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 04-107 included with these minutes.)

As a result of the City Attorney’s legal opinion relating to the funds donated to the Chamber of Commerce for Albert Lea Listens, it is necessary to transfer $35,000 from the City’s General Fund to the Revolving Loan Fund.

After Council discussion, Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 04-108, approving the transfer of $35,000 from the General Fund to the 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 04-108 included with these minutes.)

The City Parks and Recreation Director is requesting the Council approve an amended fee schedule for the aquatic center. The daily admission would remain at $3, with pass packages sold for 30 ($60), 60 ($105) and 90 ($135) coupons.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-109, approving the requested aquatic center fees, 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 04-109 included with these minutes.)

This resolution authorizes the Mayor and City Manager to enter into an independent contractor agreement with the Albert Lea Ice Skating Association to operate the concession stand at the aquatics center from May to September, 2004.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-110, authorizing an agreement for aquatic center concession stand operation with the Albert Lea Ice Skating Association for the 2004 season, 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 04-110 included with these minutes.)

City Manager Simonsen requested approval of the low bids received for the season’s requirements of hydrofluosilicic acid, liquor chlorine, phosphate inhibitor, gasoline and diesel fuel and bituminous materials.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-111, accepting low bids for the season’s requirements of chemicals and materials, 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 04-111 included with these minutes.)

City Manager Simonsen requested the Council select a date for a joint City/County workshop meeting to discuss issues of common interest.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that the City/County workshop meeting be scheduled for Thursday, June 10, from 6 p.m. to 7:30 p.m. with pre-agenda preceding the workshop meeting. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the workshop meeting scheduled.

Chief of Fire and Inspection Richard Sydnes presented the Inspection Report for the Old Albert Lea High School along with CD’s containing over 800 pictures of the facility. He noted there is a lot of interior damage but that the building is structurally sound.

Bill Leland, 205 Lee Place, told the Council that he is working with the owner of the building and that some of the issues identified in the report are being addressed. He noted that the School District has no ties to the building and that if anyone has questions, they can contact him.

Mayor Eaton:

(1) Announced that the Mayor, Council, Police Department and Fire Department are invited to participate in the Union Pacific Railroad’s Operation Lifesavers Ride for Safety on Wednesday, May 19, from 9-12. The ride group will ride to Owatonna and back.

(2) Invited the public to attend the Historic Preservation Commission information meeting at Riverland Community College on Wednesday, April 28, at 7 p.m.

(3) Invited community to attend the Mayor and Council sponsored Welcome Reception for Victoria Simonsen on Thursday, April 29, from 3:30 to 5 p.m. in the Multi-Purpose Room.

(4) Announced that the City Council will conduct its second annual retreat on May 7 with department heads in attendance and the Library issue will be one of the items discussed.

(5) Congratulated the Jefferson Award winners including Ken Nelson, Mary and Loren Grasdalen, Dr. Toby and Marge Thompson and Dr. Earl and Bev Thompson. Earl and Bev Thompson will represent Southern Minnesota in Washington D.C. in May.

(6) Reminded interested individuals of the downtown parking workshop meeting at 5:30 p.m. on May 4 in the Multi-Purpose Room of City Hall.

(7) Congratulated everyone involved in the JOBZ success.

First Ward, Councilor Amundson:

(1) Requested copies of ordinances relating to recreational vehicles and cars parked on private property.

Second Ward, Councilor Erdman:

(1) Announced the dates and times for Albert Lea Listens presentations:

May 3, 2004 12:00 to 1:30 p.m.

May 4 & 5, 2004 7:30 to 9 a.m.

12 to 1:30 p.m.

7 to 8:30 p.m.

(2) These sessions will be conducted at the Brookside Board Room, 211 West Richway Drive.

(3) Announced the Farmers Market opening for the summer season on May 15, 2004.

(4) Requested the dead end sign on Abbott Street at Winter Avenue be moved to Pleasant Avenue and that the crosswalks around Lakeview School be upgraded.

Fifth Ward, Councilor Kron:

(1) Requested that the alley from Front Street to Third Street between Jefferson and Madison be signed "Slow – Watch for Children".

James Jirele, 2225 Milo Avenue, thanked the City for the Milo Avenue sign, requested more handicap parking stalls along Broadway, suggested the Council adopt a noise abatement ordinance and requested more children at play signs around town.

Bill Stieler, 1819 Waldorf Road, requested the City remove the cement domes from the old wastewater treatment plant and turn this area into a park area.

Pat Corrigan, 814 Frank Hall Drive, noted that the domes were sealed up and suggested that they be painted and commented that people with handicap signs or plates can park in any stall in the City.

James Jirele, 2225 Milo Avenue, responded to Corrigan’s comment about handicap stalls that frequently no stalls are available and one stall in each block should be marked for handicap parking.

Roger Bok, 1012 Cato Drive, told the Council that the domes are sealed and any overflow goes into these domes, asked who obtained permit to burn down the log home at the airport. Fire Chief Sydnes responded that South Central Technical College from Mankato got the permit. It was used for a 1403 class, basic firefighting class. Bok commented the City Council passed a motion that no one can touch the building so how could a permit for burning be gotten. Bok told the Council that a semi went off the road by Johnson Floral and that he understood that the engineers were supposed to sign that road for no trucks and put in a culvert. Bok commented that the ditches on the south side of Stevens Street are full of water and suggested putting in a pipe and filling those ditches. He suggested the City Engineer check for a pipe on the west side of the driveway. He asked if the Fair liquor license was one of the City liquor licenses and was told it is not. Bok also comments that the City needs to obtain easements on County 46, asked why the City is putting trees on the west side of Fountain Lake and asked when Lakeshore Drive would be cleaned up.

James Jirele, 2225 Milo Avenue, asked why it is so hard to get signs put in and suggested stop signs on Frank Avenue to slow the speeders. He also suggested signs on James, St. John, Margaretha and Southeast Marshall.

Roger Bok, 1012 Cato Drive, comments that the intersection at First Avenue and West Main needs striping, suggested curve signs on Garfield at Front and asked when the downtown parking workshop would be held. Mayor Eaton responded that the workshop would be held on May 4 at 5:30 p.m. at the Multi-Purpose Room.

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 10, 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 April 27, 2004.

 /S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor