Albert Lea, MN April 28, 2003

Reverend Curtis Zieske, Trinity Lutheran Church, offered a prayer. 

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.

The Pledge of Allegiance was recited.

ROLL CALL

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 Paul T. Sparks, City Attorney Steven Schwab, Public Works Direction David R. Olson, Council Secretary Sandi Behrens and representatives from KATE Radio, KAAL-TV and the Albert Lea Tribune.

CONSENT AGENDA

(a)     APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 14, 2003.

(b)     APPROVAL OF THE FOLLOWING LICENSES:

                   ANNUAL LICENSES

                        FIREWORKS

                         Fireworks World, Inc., 102 Industrial Drive, Batesville, AR for operations at the                                            Skyline Mall

                        Fireworks World, Inc., 102 Industrial Drive, Batesville, AR for operations at the                                               Northbridge Mall

                        TEMPORARY LICENSES

                        FOOD

                        Low  Bucks  Car  Club  for Eddie Cochran Weekend on  June 13, 2003  at the                                        Country Inn & Suites and on June 14-15, 2003 at the Freeborn County Fairgrounds

                        PUBLIC DANCE

                                          Low Bucks Car Club for Eddie Cochran Weekend on June 14, 2003 at the                                         Freeborn County Fairgrounds

(c)     RESOLUTION 03-89 ADOPTED – GRANTING A DIVISION/CONSOLIDATION OF LOT 15, BLOCK 1, BUSCHBOM ADDITION.

(See Secretary’s Original Resolution 03-89 included with these minutes.)

(d)     RESOLUTION 03-90 ADOPTED – CALLING A HEARING ON PROPOSED MISCELLANEOUS ASSESSMENTS ROLL 42:  Resolution 03-90 calls a public hearing  for May 27, 2003 to consider and pass upon Miscellaneous Assessments Roll 42.

(See Secretary’s Original Resolution 03-90 included with these minutes.)

(e)     RESOLUTION 03-91 ADOPTED - CLAIMS: Resolution 03-91 presents the financial claims of the City.

(See Secretary's Original Resolution 03-91 included with these minutes.)

Councilor Amundson 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.

AUTHORIZING OFF-SALE LIQUOR LICENSE TO MARILYN OSBORNE – PUBLIC HEARING

Mayor Eaton opened a public hearing for the issuance of an off-sale intoxicating liquor license for Marilyn Osborne d/b/a J & S Liquor, 137 East Clark Street.  The necessary notice for this hearing was published on April 22, 2003.

There was no public discussion.  After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that the issuance of an off-sale liquor license for Marilyn Osborne d/b/a J & S Liquor at 137 East Clark Street, be approved.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Eaton declared the motion carried, the public hearing closed and the issuance of the license approved.

GREEN MILL RESTAURANT AND BREW PUB ON-SALE AND SUNDAY ON-SALE INTOXICATING LIQUOR LICENSE APPROVED – PUBLIC HEARING

Mayor Eaton opened a public hearing for the issuance of an on-sale and Sunday on-sale intoxicating liquor license to Shell Rock Food & Beverage LLC for the Green Mill Restaurant and Brew Pub at 2218 East Main Street.  The necessary notice for this hearing was published on April 22, 2003.

There was no public discussion.  Councilor Kron moved, Councilor Amundson seconded, that the issuance of an on-sale and Sunday on-sale intoxicating liquor license to Shell Rock Food & Beverage LLC d/b/a Green Mill Restaurant and Brew Pub, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried, the public hearing closed and the  issuance of the licenses approved.

HANDICAP PARKING REQUEST APPROVED

City Manager Sparks told the American Legion Post #56 has submitted a request for conversion of the two 15-minute parking stalls in front of the vacant Chamber Office to two handicap parking stalls.  

Councilor Kron moved, Councilor Amundson seconded, that the request of the American Legion Post #56 to convert the two 15-minute parking stalls to handicap parking stalls, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the change approved.

TAKE A KID FISHING EVENT APPROVED

City Manager Sparks explained that the City had received a request from the Fountain Lake Sportsmen’s Club for permission to conduct its 12^th annual Take A Kid Fishing contest from 9 a.m. to noon on June 7 at Katherine Island.

Councilor Brooks moved, Councilor Erdman seconded, that the request for use of Katherine Island for the Take A Kid Fishing contest on June 7 be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the event authorized.

FESTIVAL OF BANDS REQUEST TO CLOSE Y.H. HANSON AVENUE APPROVED

City Manager Sparks informed the Council that the Festival of Bands organizers are requesting permission to close Y. H. Hanson Avenue from Hammer Road to Hershey Avenue on June 15 for use as a staging area prior to performance in the parade. 

Councilor Amundson moved, Councilor Brooks seconded, that the request to close Y. H. Hanson Avenue as requested by the Festival of Bands organizers be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the requested approved.

LOW BUCKS CAR CLUB CRUISE APPROVED

City Manager Sparks explained that the Low Bucks Car Club has requested permission to conduct a car cruise in conjunction with the Eddie Cochran Weekend on June 14, 2003.  The City Engineer, Police Chief and MN DOT have been notified of the parade route.

Councilor Amundson moved, Councilor Brooks seconded, that the request of the Low Bucks Car Club for a cruise on Saturday, June 14, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the request approved.

RESOLUTION 03-92 ADOPTED – APPROVING ORDERLY ANNEXATION WITH BANCROFT TOWNSHIP

City Manager Sparks told the Council that the City has received a request for annexation of property located along County Road 22 north of Albert Lea from Crossroads Evangelical Free Church.  Because this property is owned by the church and abuts the City Limits, an orderly annexation is appropriate.  The church is also requesting permission to connect to City water and sewer.

Councilor Erdman moved, Councilor Amundson seconded, that the request of Crossroads Evangelical Free Church for annexation to the City 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 03-92 included with these minutes.)

AB TAXI CAB LICENSE APPROVED

City Manager Sparks reported that the application of AB Taxi for a license in the City was tabled to this Council meeting.  He noted that the City Attorney recommends approval of this license.

Councilor Fjelstad moved, Councilor Amundson seconded, that the application of AB Taxi be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the application approved.

ORDINANCE 65, 3D ENACTED – BANNING LEAF/BRUSH BURNING – PUBLIC HEARING

City Manager Sparks reported that this is a second reading and public hearing for Ordinance 65, 3d, the leaf/brush burning ban.  The necessary notice for this hearing was published on April 22, 2003.

There was no public discussion.  On roll call vote, all Councilors voted in favor of Ordinance 65, 3d with the exception of Councilors Fjelstad and Brooks who voted nay.  Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 65, 3d included with these minutes.)

ANNUAL FINANCIAL REPORT ACCEPTED

City Manager Sparks explained that the City’s auditors, Larson, Allen, Weishair & Co. LLP, had presented the annual financial report to the City Council at the pre-agenda meeting.  He commented that due to the outstanding efforts of the finance department for the implementation of the new government accounting standard’s board regulations, the conversion was much simpler for the auditors and resulted in a $16,000 savings to the City.

Councilor Brooks moved, Councilor Kron seconded, that the Annual Financial Report be accepted 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 accepted.

RESOLUTION 03-93 ADOPTED – ACCEPTING BID FOR JOB 0305

City Manager Sparks noted that the City had accepted bids for Job 0305, the reconstruction of St. Joseph Avenue from 5^th Street to 7^th Street, and the low bidder was Freeborn Construction at a total cost of $245,162.26.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that the bid of Freeborn Construction for Job 0305 at a total cost of $245,162.26, 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 03-93 included with these minutes.)

RESOLUTION 03-94 ADOPTED – NOT WAIVING MONETARY LIMITS ON TORT LIABILITY    

City Manager Sparks explained that this resolution declines to waive monetary limits on municipal tort liability established by Minnesota statute.  By keeping our statutory limits on municipal tort liability, the City is able to keep our insurance costs down.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-94, declaring the City’s intent to maintain the statutory limits on tort liability, 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 03-94 included with these minutes.)

RESOLUTION 03-95 ADOPTED – RELEASING UNCOLLECTABLE ASSESSMENTS

City Manager Sparks reported that this resolution releases assessments against a lot in Hall’s Addition.  The assessments are slightly less than $12,000 and the auditor/treasurer has forfeited the lot for non-payment of taxes.  If he Council chooses the waive the assessment, the lot would have a better chance of being sold.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-95, releasing the miscellaneous assessments on the tax-forfeited parcel, 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 03-95 included with these minutes.)

RESOLUTION 03-96 ADOPTED – APPROVING CONSOLIDATED PERSONNEL RULES UPDATE

City Manager Sparks explained that this resolution approves a consolidated update of the City’s personnel rules.  All changes are being incorporated in the consolidation and the City Council has already approved these changes.

Councilor Erdman moved, Councilor Amundson seconded, that Resolution 03-96, approving the consolidated personnel rules update, 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 03-96 included with these minutes.)

RESOLUTION 03-97 ADOPTED – AUTHORIZING AGREEMENT FOR PREPARATION OF A STORMWATER UTILITY WITH BOLTON & MENK

City Manager Sparks informed the Council that this resolution authorizes a $17,000 contract with Bolton & Menk to assist the City in the development of a storm water utility system.  He noted that the costs for storm water management have risen steadily over the years due to the implementation of federal and state rules as well as a greater emphasis on cleaning up the lake system.  With the increased costs have come increased pressures on the City budget and the City is not allowed to levy additional property tax to cover these expenditures.  He explained that many cities have gone to a storm water utility as a means for providing funds to handle this rapidly growing cost area.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-97, authorizing an agreement with Bolton & Menk for preparation of a storm water utility, 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 03-97 included with these minutes.)

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor Erdman:

(a)   Has received many complaints about parking and cigarette butts around the hospital area.  He is requesting that the City prepare a parking ordinance around the Albert Lea Medical Center.  City Manager Sparks suggested that the City Council call a public hearing and noted that the staff could prepare a proposed map for publication.  Councilor Erdman told the Council that he has discussed this issue with hospital management and they would support regulations. 

Councilor Erdman moved, Councilor Fjelstad seconded, that a resolution calling for      a public hearing at the City Council’s May 27 meeting, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Eaton declared the motion carried and the public hearing called.

(See Secretary's Original Resolution 03-98 included with these minutes.) 

(b)   Suggested the Council consider a marina on Fountain Lake.  

(c)   Introduced a resolution to pursue a one-half percent local sales tax for lake improvement with the 2004 Legislature.  He noted that a ten year tax could raise $15 million dollars and reminded the listeners that this item, once approved by the Legislature, would need to come back to the City for a referendum. 

                  Don Sorensen, 72823 220^th Street, requested the Council pursue the sales tax this year and requested that the Council endorse the Shellrock Watershed District. 

                  Tony Trow, 522 Park Avenue, noted his agreement with Mr. Sorensen’s comments and asked that Councilor Erdman’s motion be amended to include the pursuit of the sales tax this year. 

                  Bob Haukoos, 111 Fairview Drive, told the Council that the deadline for hearing any new bills has passed and that there is no use trying this year. 

                  Councilor Erdman reminded the Council and those present that the issue must come back to the City for a referendum.  He noted other southeastern Minnesota communities are looking at a one-half percent sales tax as well as new legislation in Iowa for a higher sales tax. 

Fourth Ward, Councilor Fjelstad:

         (a)   Asked the City Engineer to look at the first block of Johnson Street east of Bridge Avenue for a one block parking restriction.        

Sixth Ward, Councilor Brooks:

(a)      Thanked the Engineering Department for looking at 11^th Street and the Frank Hall Drive alley so quickly.   

PUBLIC ITEMS

Patrick Corrigan, 814 Frank Hall Drive, reported a trailer parked on the street on Frank Avenue and asked that the owner park the trailer in the driveway.

Roger Bok, 1012 Cato Drive, reported that the property at 1016 Cato Drive has a garbage can sitting out, suggested that the City change its ordinance relating to cleaning up properties, mowing, etc. to April 1 through October 31, requested more street sweeping, reported a tile and septic system at the Habben residence are running into Fountain Lake.  The City Manager told Mr. Bok that the Habben property is not in the City limits.

Mayor Eaton:

(a)   Congratulated the Finance Department on receiving the GFOA Certificate of    Achievement Award for the 19^th year.

(b)   Thanked Joe Grossman and his staff for their efforts on behalf of Arbor Day and for the tree giveaway.

ADJOURNMENT – 8:18 P.M.

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, May 12, 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 April 29, 2003.

_______________________________                      ________________________________

Secretary of the Council                                         Mayor