Albert Lea, MN                                                                                                                         May 22, 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, Acting Council Secretary Pat Johnson and representatives from KATE Radio and the Albert Lea Tribune.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MAY 8, 2000.

(b) LICENSES AND BONDS APPROVED:

Steve Barcel d/b/a Topline Advertising, Inc., Osseo

Scott and Sandy Nelson d/b/a S & S Concessions, Mazeppa, for July 3-4

(c) RESOLUTION 00-88 ADOPTED – APPROVING EASEMENT AGREEMENT – PINE RIDGE SUBDIVISION: Resolution 00-88 approves an Easement Agreement with Greg Steil allowing the extension of utilities across his property in Pine Ridge Subdivision in exchange for deferral of assessments until the property is developed for sale.

(See Secretary's Original Resolution

00-88 included with these minutes.)

(d) RESOLUTION 00-89 ADOPTED - CLAIMS: Resolution 00-89 presents the financial claims of the City.

(See Secretary's Original Resolution

00-89 included with these minutes.)

Councilor Mathison 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.

Mayor Wangen opened a public hearing for the adoption of Miscellaneous Assessments Roll 25. The necessary notice for this hearing was published on April 28, 2000. There was no public discussion.

Councilor Mathison moved, Councilor McPherson seconded, that Resolution 00-90, adopting Miscellaneous Assessment Roll 25, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary's Original Resolution

00-90 included with these minutes.)

REQUEST TO RENAME LINCOLN PARK

Mayor Wangen stated the City had received a request from members of the Danish Brotherhood to rename Lincoln Park situated immediately north of Fountain Lake off Bridge Street the "New Denmark Park" in honor of Danish ancestors who settled the north side of Fountain Lake. This area was initially referred to as "New Denmark".

Councilor Sorenson reported that in checking the history of the park some of the land was purchased and some was donated to the City. There is no record to indicate the reason for initially choosing the "Lincoln Park".

Councilor Sorenson moved, Councilor Brooks seconded, that the request to rename Lincoln Park be referred to the Park and Recreation Advisory Board for their review and recommendation. After additional discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the matter referred.

REQUEST FOR ANNEXATION

Mayor Wangen announced the City had received a petition for annexation and installation of water and sewer services for property owned by George Dress lying north of the Albert Lea Country Club Golf Course and south of Itasca Road.

Councilor Amundson moved, Councilor Kron seconded, that the petition for annexation be referred to the City Manager for discussions with Bancroft Township. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the matter referred.

WATERSHED DISTRICT DISCUSSED

Mayor Wangen stated the City has received a request from the Albert Lea Lake Restoration Committee requesting the City’s support in establishing a Watershed District for the Shellrock River Watershed. He announced the committee is holding a hearing regarding Watershed District on June 5^th and June 6^th at the Albert Lea High School.

Cathy Rofshus, 102 Arrowhead Road, Emmons, appeared on behalf of the Lake Restoration Committee to update the Council on committee progress since appearing before the City Council last November and to explain what will take place at the Watershed District hearings to be held June 5^th and 6^th. She reported the committee held four public meetings in January, has circulated a petition for formation of the Watershed District obtaining almost 800 signatures, has participated in an open house in the DNR and have been involved in round table discussions with other groups interested in the lakes. Recently 50 lakeshore owners met to form the Lakeshore Association. Two of their top concerns were watershed management and forming a Watershed District. Ms. Rofshus asked the Council to attend the June 5^th and 6^th hearings at the Albert Lea High School with the sub-committee from the Minnesota Board of Soil and Water Resources. Public input will be received and written comments may be made for three weeks following the hearings. After all input has been received, the sub-committee will make a recommendation to the full Minnesota Board of Soil and Water Resources on whether to form the Shellrock River Watershed District.

Mayor Wangen pointed out that the City has been and will continue to work on lake improvement addressing siltation problems. He stated City jurisdiction does not extend to the Watershed and most of Albert Lea Lake is outside City jurisdiction. Mayor Wangen expressed his feeling that the Freeborn County Board of Commissioners has a critical part in the decision making process as it will have the power to appoint future members to the Watershed District.

Paul Ehlers, 1620 Canary Drive, appeared in support of the Watershed. He reported he had been a member of the Lake Restoration Committee since 1984. He stated he has followed with interest in his hometown paper quite a number of watershed districts in west central Minnesota and they have been extremely successful in getting State and Federal grant monies. He expressed his feeling that Freeborn County needed to do more to initiate grant applications.

Brad Arends, 503 Park Avenue, stated he has been on the Lake Restoration Committee for the last 3-4 years. He expressed his feeling that the public debates and controversy that have taken place are a positive indication of the legitimate concern by the citizens of this community regarding our lakes. The Lake Restoration Committee is anxious to get something done. The community has talked about this project for the last 50 years. The committee has gone as far as it can, now an entity must carry the project forward. The Watershed is the best entity to get this project done by obtaining State and Federal grant monies.

Harlan Miller, 2502 South Shore Drive, stated he lives on the lake and is the person probably responsible for bringing up the Watershed District to the Lake Restoration Committee. Mr. Miller stated his belief that there are some misconceptions about members appointed to the Watershed Board. The Watershed Board would start with a clean slate and would not be bound by anybody. The Board would have the authority to deal with and seek funds from other governmental bodies. The Lake Restoration Committee has already spoken with the Army Corp of Engineers and discussed the Aquatic Ecological Restoration Program which deals entirely with watershed and lakes. Mr. Miller was told that Albert Lea Lake and Fountain Lake would be considered as two separate projects and each project could receive as much as a $5,000,000 grant.

Bruce Haugsdal, 2117 Kenneth Drive, moved here in 1988 and has been involved in the Lake Improvement Committee ever since. The committee has found there are a lot of different opinions on what should be done with our lakes. Whatever is done, it will take a lot of money and neither the City nor County could do this project alone. The Watershed District would be our community sponsor to obtain funds privately, locally or through State and Federal grants.

No one else appeared before the Council. No action was taken by the Council.

REQUEST TO PAINT HOUSE NUMBERS ON CURBS APPROVED

Mayor Wangen reported the City had received a request from the Leader of Boy Scout Troop 212 for permission to paint house numbers on sidewalk curbs as a fundraiser.

City Manager Sparks stated this has been authorized in the past to local fundraising groups. He stated they would be required to use black paint for this project.

After Council discussion, Councilor Mathison moved, Councilor Sorenson seconded, that the request of Boy Scout Troop 212 to paint house numbers on curbs as a fund raising project, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and permission granted.

REQUEST FOR PARKING RESTRICTION AT 1627 AND 1701 SUNSET STREET

Mayor Wangen stated the City had received a request from the property owners at 1627 and 1701 Sunset Street to have the curb painted yellow between their driveways. The owners have stated there is only one parking space at this location, that it is a very small space and when a vehicle is parked there the residents at that location have difficulty seeing oncoming traffic when pulling out of their driveways.

City Manager Sparks explained that the City normally does not paint yellow curbs in residential areas as there is no organized program for enforcement. He stated there are already ordinances in place regulating parking in front of driveways. It is a violation and the offender can be cited.

Tisha Wangen, 1701 Sunset, appeared before the Council in support of her request stating she has resided at this address for the past six years. Ms. Wangen stated the parking space between the two driveways is so small most cars extend beyond the perimeters anyway and her mailbox is located in the middle of this space. The Post Office has refused on occasion to deliver her mail and is considering requiring she obtain a box at the main Post Office which would cost Ms. Wangen $22 for a six-month period. She has spoken with the Post Office and neighbors in the apartments, has placed notes on cars asking drivers to not park in front of the mailbox, has contacted the Police Department regarding enforcement and feels she has no other alternative besides seeking Council assistance.

Considerable discussion centered around painting the curb yellow, snow covering the yellow curbing during winter, moving the mailbox closer to the driveway, and Police enforcement.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that the curb be painted yellow three feet back from the driveways at 1627 and 1701 Sunset Street. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Sorenson and Kron who voted nay. Mayor Wangen declared the motion carried and the painting authorized.

City Manager Sparks stated this is a request from HDR Engineering, Inc. on behalf of 360 Networks, Inc. to install buried conduit and fiberoptic telecommunications cable across Myers Road and Broadway Avenue South at the railroad tracks. The cable project expands from Rockford, Illinois, to Albert Lea and is following the old Illinois Central Railroad right-of-way. The City Manager is recommending approval of the request with the condition that a bond be posted for any damages that may occur to City streets or utilities.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-91, authorizing HDR Engineering, Inc. on behalf of 360 Networks, Inc. to cross Myers Road and Broadway Avenue South at the railroad tracks with fiberoptic telecommunication cable and requiring a bond for any damages to City streets or utilities, 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

00-91 included with these minutes.)

PARKING ENFORCEMENT PROGRAM SUSPENDED

City Manager Sparks reported the City has not been operating a Parking Enforcement Program for the past several months and parking has not appeared to be a problem. Mr. Sparks is recommending suspension of the program in the downtown area until review of the 2001 Budget, at which time the program may be suspended permanently.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that the Parking Enforcement Program be suspended until after the fall budget reviews for the 2001 Budget at which time it may be suspended permanently. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the Parking Enforcement Program suspended.

City Manager Sparks explained that this resolution authorizes the transfer of $8,000.00 from the General Fund to Tax Increment Finance District 5-11 to cover out of pocket expenses incurred in the formation of the district.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-92, authorizing the transfer of $8,000.00 from the General Fund to TIF District 5-11, 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

00-92 included with these minutes.)

City Manager Sparks stated this resolution authorizes the purchase of the Albert Lea Pre-Cast Loan from the Port Authority for a total purchase price of $101,297.78. The Port Authority will be compensated in the amount of $71,046.78 and will receive property referred to as Tract A, North Industrial Park, valued at $30,251. Funds for this transaction will come from the Economic Development Revolving Fund. In addition to the $71,046.78 paid to the Port Authority, the Economic Development Fund will reimburse the General Fund $30,251 which was advanced for the initial property purchase.

After Council discussion, Councilor Brooks moved, Councilor Mathison seconded, that Resolution 00-93, authorizing the purchase of the Albert Lea Pre-Cast Loan and Tract A, North Industrial Park from the Port Authority and fund transfers as outlined by the City Manager, 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

00-93 included with these minutes.)

City Manager Sparks stated the City received bids for construction of a gazebo in Fountain Lake Park (Job 2003 - Fountain Lake Park Gazebo/Bandshell Project). Mr. Sparks is recommending approval of the low bidder, Northland Construction & Supply Co., Inc., Northwood, IA, in the amount of $89,230.

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that Resolution 00-94, accepting the bid of Northland Construction & Supply Co., Inc., Northwood, IA, in the amount of $89,230.00 for the Fountain Lake Park Gazebo/Bandshell Project (Job 2003), 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

00-94 included with these minutes.)

City Manager Sparks stated the Engineering Department has completed a report on the feasibility of extending the north/south alley between East Main and Eberhart Street and between St. Thomas and Columbus Street. The estimated cost of the project is $15,000 or $14.24 a frontage foot due to extensive subsoil preparations that are filled with construction debris.

Council discussions centered around a concern for access to the east/west alley behind the businesses on East Main and erosion from dirt mounds located on private property near the project area.

After additional Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-95, calling a hearing for Job 2010 (Alley Improvement between E. Main and Eberhart and between St. Thomas and Columbus) for June 26, 2000, 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

00-95 included with these minutes.)

KATE/KCPI RADIO REQUEST TO USE NORTH PARKING LOT GRANTED

City Manager Sparks stated the City had received a request from KATE/KCPI Radio for permission to use the North Broadway Parking Lot for a social event from 6 to 10 p.m. on Friday, June 9^th, as part of the Eddie Cochran Weekend. Tentative plans include a pork barbecue and 50’s and 60’s music.

Councilor McPherson moved, Councilor Amundson seconded, that the request of KATE/KCPI Radio to use the North Broadway Parking Lot for a social event on June 9^th as part of the Eddie Cochran celebration, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and permission granted.

REQUEST FOR PERMISSION TO CLEAN CHANNEL AREA

City Manager Sparks reported the City had received a request from Karen Mehle, Community Mentor Connection, for the adults and youth in the program to clean the Channel area as a service project. They are requesting permission to do the clean up on June 6, from 4-6 p.m. They are also requesting they be allowed to take the debris to the City Landfill at no charge.

After Council discussion, Councilor McPherson moved, Councilor Kron seconded, that the Community Mentor Connection be granted permission to clean the Channel area on June 6^th and be allowed to deposit the debris at the City Landfill at no charge. On roll call vote, all

Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and permission granted.

City Manager Sparks stated the City had received an offer from John Enger to purchase Lot 1, Block 1, and Parcel B, Community Development Plat No. 4, in the amount of $76,000.00.

Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-96, authorizing the sale of Lot 1, Block 1, and Parcel B, Community Development Plat No. 4, to John Enger in the amount of $76,000, be approved. After additional discussion and 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

00-96 included with these minutes.)

UNLISTED ITEMS

WARD ITEMS

Ward I, Councilor Amundson:

a) Reported there are many cars parked in the driveway and on the lawn and various junk and debris in the yard at a residence in the 2100 block of N. Bridge Avenue. Requested staff review.

Ward II, Councilor McPherson:

a) Stated he had received a request to barricade N. Washington Avenue from Fountain Street to Fountain Lake on the evening of July 3^rd. Councilor McPherson moved, Councilor Sorenson seconded, that N. Washington Avenue be barricaded from Fountain Street north on the evening of July 3^rd. Mayor Wangen declared the motion carried and the requested granted.

b) Reported he has received complaints about noise from people congregating in the North Broadway Parking Lot during the evening hours.

Ward III, Councilor Mathison:

a) Requested staff review of traffic flow from the new development in the 100 block of Bridge Avenue. Councilor Mathison stated he has witnessed several dangerous maneuvers in the area.

Council discussion centered around the need for further discussions regarding traffic control and safety in this area as further development is completed.

WARD IV, Councilor Sorenson:

a) Reported the owners of the private parking lot by the Hanson Apartments in the 100 block of East William Street would like to donate the first stall on the northeast corner of the lot for public handicap parking.

b) Stated the west driveway to the City Beach off Johnson Street is in need of repair. He also reported the approach to the driveway directly across from the Beach washed out during recent rains and is a hazard.

c) Requested staff look into the possibility of a stop sign at the intersection of Garfield Avenue and Crestview Road to slow traffic.

d) Stated he had received complaints about noise during the hours of 4:00 A.M. to 5:30 A.M. from garbage collection at Thornecrest North. He suggested an ordinance prohibiting collection before 6:30 A.M. in residential areas. After Council discussion, Councilor Sorenson introduced Ordinance 42, 3d, prohibiting refuse pickup in residential areas prior to 6:30 A.M. Ordinance 42, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 42, 3d included with these minutes.)

PUBLIC ITEMS

Patrick Corrigan, 814 Frank Hall Drive, appeared complaining about the old Seaboard disposal plant along the Front Street/Garfield Avenue extension. Mr. Corrigan complimented the City on its efforts in developing the parks and walkways in this area and requested that something be done with this dilapidated property. He stated many visitors are coming to our City to use the Bike Trail and ride on the Pelican Breeze and the Seaboard property is an eye sore.

City Manager Sparks stated that Seaboard was given a written order months ago to tear down this and other obsolete and abandoned facilities on the site. To date the City has not received a formal response from Seaboard.

After further discussion, the matter was referred to the City Attorney for legal action.

ADJOURNMENT – 8:45 P.M.

Councilor Sorenson 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, June 12, 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 May 23, 2000.

________________________                                             _____________________________

Acting Secretary of the Council                                             Mayor