Albert Lea, MN  

May 23, 2005

Don Malinsky, United Methodist 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 Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, Al Brooks, and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, Public Works Director Steve Jahnke, Acting Council Secretary Allison Folie and representatives from the Albert Lea Tribune, KAAL TV, and KATE Radio.

The Pledge of Allegiance was recited.

(a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF May 9, 2005.

 

(b) LICENSES APPROVED:

         

          ANNUAL LICENSES

 

               Tattoo Artist

               Everlasting Cosmetics, LLC, 58333 - 190th Street, Wells, MN

               56097 for 424 Bridge Avenue, Albert Lea

             

               Tattoo Establishment

               Everlasting Cosmetics, LLC, 58333 - 190th Street, Wells, MN

               56097 for 424 Bridge Avenue, Albert Lea

                              TEMPORARY LICENSE

                                   Off-Premises Liquor Sales

                                   Tienda Mexico, 2201 East Main Street, Albert Lea, for a baptism to be 

                                   held at the Freeborn County Fairgrounds on June 18, 2005

(c) RESOLUTION 05-94 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-94 approves the Albert Lea Amateur Hockey Association application to conduct operations at Chasers IV, LLC, 1119 South Broadway.

(See Secretary's Original Resolution

05-94 included with these minutes.)

(d) RESOLUTION 05-95 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-95 approves the Southern Gateway Chapter of the Minnesota Deer Hunters Association application to conduct raffle operations at the American Legion, 142 North Broadway, on September 10, 2005 and at the Eagles Club, 205 West William Street, on September 13, 2005.

(See Secretary's Original Resolution

05-95 included with these minutes.)

(e) RESOLUTION 05-96 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 05-96 approves the Veterans of Foreign Wars Post 447 application to conduct excluded bingo at the Freeborn County Fairgrounds between August 2, 2005 and August 7, 2005.

(See Secretary's Original Resolution

05-96 included with these minutes.)

(f) RESOLUTION 05-97 ADOPTED – CLAIMS: Resolution 05-97 presents the financial claims of the City.

(See Secretary's Original Resolution

05-97 included with these minutes.)

Councilor Brooks moved, Councilor Severtson 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.

City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

• Advised that the scrap iron issue will be discussed under ‘Mayor and Council Items’.

• Informed the public that a letter has been sent by City Attorney Steve Schwab to property owners at 109 and 111 Lake Avenue relating to a property dispute.

• Regarding the request to have crosswalks painted at the intersections of Garfield and Main and Washington and Main, City Manager Simonsen stated that the Street Department informed her that they will do that a little later in June so that they are fresh for the 3^rd of July parade and other events occurring at that time.

• Stated that a telephone line was set up to receive public input regarding the leaf burning issue. She advised that the results of the phone line comments will be shared under the leaf burning agenda item later in the evening.

• Advised that City Engineer Steve Jahnke has been looking into the problem of water running over 19^th Street and onto property located at the corner of Doral and Gene Street in the New Hills Condominiums during heavy rains. City Manager Simonsen stated that the source of this problem has been due to a blocked drainage way on Myers Road. She further explained that the drainage way has been checked and was clean. A preliminary engineering report for Myers Road is scheduled to be presented to City Council at the next Pre-Agenda meeting on June 9, 2005 and there will be more details on the project at that time.

• Stated that a plan will be developed to prevent the ditch from washing out during heavy rains at 206 East 11^th Street.

Mayor Eaton read the rules for addressing the City Council.

Roger Bok, 1012 Cato Drive, stated that stenciling on Highway 65 from the east all the way down to South Broadway should be done by the City while the striping is done by the State. Inquired as to why Councilor Marin was absent at the last meeting. He stated that a five – seven vote means that five people have to vote for an item and five out of seven members must be in attendance. He stated that he believes a five – seven vote is not possible when you are missing one person. He advised that City Manager Simonsen has not been sworn in yet. He requested that the Council address the sludge issue. He also stated that there are three houses on the end of Hawthorne that have so much water behind them that the people can’t even mow their lawns. He believes the water is caused by the tile that was cut when the City put the sewer line in down there. He also inquired about how a person can raise chickens and goats in the City limits. He requested information on the limitation on ownership of cats and dogs.

Councilor Marin requested that City Attorney Steve Schwab state the guidelines for attendance at Council meetings. Councilor Marin further added that he was attending a funeral and wedding in California during the last meeting of the City Council. City Attorney Schwab responded by stating that a vacancy can be declared if an individual is not in attendance for 90 consecutive days.

Roger Bok, 1012 Cato Drive, suggested the City Attorney look into the Charter. The 90 day rule is if you miss completely. A Councilor can be compelled to attend the meeting. If you want to miss a meeting, you can ask for approval at an earlier meeting.

Tom Tubbs, 2734 Campus Lane, asked if the City is still planning to annex the Goose Lake area that is not already agreed upon by the Albert Lea Township Board, including the Waterfowl Production Area (WPA). City Manager Simonsen explained that the City is not pursuing that at this time. She explained that this situation is fairly new to the Fish & Wildlife as well as to the City as it will be setting a precedence of a WPA entering city limits. She advised that the Fish & Wildlife Service did issue a press release since the last Council meeting. Mr. Tubbs presented the Council with an article in Outdoor News, a Minnesota publication, on the situation. Mr. Tubbs requested that the City consider having the developer of the property install a fence 500 feet from all structures and buildings by way of a series of permanent signs declaring no hunting. He stated that DNR laws state that you cannot shoot a shotgun within 500 feet of a building and the fence would notify hunters of said line. He is also concerned with possible runoff and pollution of the lake even with the installation of the proposed ponds.

John Reid, 808 Ulstad Avenue, approached the Council on the mosquito spraying discussion. Ms. Simonsen suggested Mr. Reid wait until the item comes up for discussion.

Mayor Eaton opened a public hearing to adopt Miscellaneous Assessments Roll 50. The necessary notice for this hearing was published on May 4, 2005.

No one appeared to be heard. Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-98, adopting Miscellaneous Assessments Roll 50, 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

05-98 included with these minutes.)

The City Clerk has received and verified a petition for local improvement from the property owners in the Lake Chapeau and City Arena area requesting Sunset Street to be extended to allow a secondary access to and from the area. The petition states "that in the past year trains have blocked this area for as long as 2-1/2 hours which would limit emergency service to this area in an emergency". Sixty-eight owners of the 79 properties have signed the petition.

City Manager Simonsen advised that this issue has come up numerous times over the last year. The last discussion was on October 11, 2004, at which time the Council directed the City Manager to begin negotiations with the current property owner, George Dress. At that time, the amount Mr. Dress was requesting for the property was $1 million. Discussion has included obtaining just enough right-of-way to construct a road and the City Council indicated at that time that this was a priority for them. Acquisition of the property through other means would include eminent domain which can take as long as one to three years to accomplish.

Kenny Petersen, president of the Lake Chapeau Condo Association, 808 Lake Chapeau Drive, noted that there are currently 23 members in the association and that a petition was presented to the City Council five years ago. With the number of units under construction approaching 100 units in that area with only one access, this is becoming a critical point. They have several elderly people in the condo which have required ambulance service over the years and the Arena has had several ambulance calls. A year ago a train blocked the access to the neighborhood for over 2 ½ hours due to a breakdown. Just last week a train blocked the road for over a half hour.

Ms. Simonsen advised that she attempted to get in contact with George Dress but he was out of the country for a short time.

Councilor Severtson asked how much land is involved. Ms. Simonsen stated that we would need to acquire approximately five acres to do an 80-foot right-of-way through there but the entire parcel is approximately 200 acres.

Councilor Erdman asked if there was a way to use the public safety money to do this extension. Ms. Simonsen stated that she asked the police and fire departments if they felt this was a safety concern that would be appropriate use of that money. Both chiefs felt that use of that money for this purpose could be justified.

Councilor Marin asked if there is no other way to access that area. Ms. Simonsen replied that the only other way is extending Fountain Street but that would include mitigation of numerous wetland areas. Councilor Marin noted that he was informed of an abandoned track that residents are using as a walking trail and asked if that couldn’t be used in an emergency.

City Engineer Jahnke stated that George Dress owns the abandoned track. He has driven on this track. There is no way to turn around. In an emergency, the City could get a bulldozer in there and clear it for a truck but it would not be accessible by a fire truck.

Councilor Marin stated that he believes it is a top priority. Ms. Simonsen advised that she will continue to pursue discussions with Mr. Dress and hopes to respond to the Council within the next couple of weeks. She could then move forward with a recommendation on how to fund the project as well. The Council needs to decide on whether they will spend the money to do the project or find another way.

Councilor Brooks asked if the property is worth the cost. City Engineer Jahnke noted that a large part of the 200 acres is wetland and not developable. City Manager Simonsen explained that Jones, Haugh, & Smith did some surveying in 1997 and looked at two possible road extensions. She noted that it is a matter of obtaining the property and funding.

City Manager Simonsen reported that the City Council held a public hearing on May 9 to consider an ordinance repealing Ordinance 65, 3d which banned leaf and brush burning in the City as of April 28, 2003. She advised that the telephone survey line was open for a few days and it received over 400 phone calls. Of the 413 phone calls, they are split almost 50 – 50, 207 against leaf burning and 206 for leaf burning. Health hazards were identified by those against leaf burning. The largest issue for leaf burning is that people did not have the means to load up their leaves and get them out to the Transfer Station. She noted that the Council has received copies of letters received relating to this issue.

Sandra Chapman, 1438 Frank Hall Drive, advised that she is confused as to why the Council wants to bring the issue up again. She questioned why 206 people are not concerned about the health issue. She stated that she is a respiratory therapist for 35 years. She noted that studies have found that the levels of pollutants produced by leaf burning causes respiratory issues. One person coming in with "asthma episodes" costs $100,000 to treat that one person. PNH compounds are known carcinogens. She identified the amount of pollutants from leaf burning. She reported that there is a man in the community with lung disease who has experienced increased lung capacity as a result of the leaf burning ban.

Kenny Peterson, 808 Lake Chapeau Drive, stated that perhaps a permit could be issued for burning in certain instances. He reported that the condo association has 420 feet of shoreline and the hillside has been burned off in the past. Since the leaf burning ban and with the steep hillside, they can’t get the leaves off.

Marge Kirchner, 2731 Campus Lane, noted that her husband is the person with the lung disease and that the smoke of leaf burning in their neighborhood would cause her husband distress.

Councilor Severtson asked if Mr. Kirchner is affected by pollen and Mrs. Kirchner replied that he is not. He asked the Interim Fire Chief Stieler about leaf burning. Stieler stated that he has a lot of leaves and hauls them out. The Fire Department is receiving fewer calls as a result of the leaf burning ban.

Councilor Erdman asked Stieler for the Fire Department’s opinion. Stieler stated that from a Fire Department perspective, burning is not a good idea.

Councilor Brooks commented that it is his belief that the majority of his ward would like to burn. When the issue came up in 2003, the Council intended to address the options available. He noted that from Frank Hall Drive to the sewage plant there are so many trees and there needs to be a solution for those with many trees.

Councilor Severtson added that the annexation of the Government Acres area and properties along Stevens Street, areas where there are lots of trees, these people will not be allowed to burn under the current ban.

Councilor Fjelstad noted that he had received a lot of calls from constituents who wanted to burn leaves. He believes that if people "burned smart" it would not be such a big issue. People were burning wet leaves which caused a great deal of smoke. He noted that the previous fire chief stated that if you took off the limitation on the days you could burn it would eliminate people burning wet leaves on wet days.

Councilor Marin stated that he had never seen leaf burning until he moved to the Midwest. He noted that it may be inconvenient but he believes it is more important to save or prolong lives. He encouraged Councilors to vote down this ordinance.

Councilor Erdman commented that the reason for banning burning was because there were two falls with an inversion in the City in which the smoke just hung. He stated that last fall would have been too wet. The fall before was so dry that there was a burning ban in this county anyway. At some point, maybe the citizens could rake them into the street and the City could pick them up. Certain City Code provisions required that people are not supposed to burn on City streets, lakeshores, etc. and he believes these provisions were being violated. He noted that the Council needs to look at what’s best for the entire neighborhood. He commented that the City is cleaner due to the leaf burning ban.

Councilor Brooks stated that his vote for leaf burning is a reflection of his belief that the Council needs to continue to search for a compromise. He represents the people in his ward that don’t have the ability to get the leaves to the Transfer Station.

Councilor Severtson inquired about a ‘permit only’ situation.

On roll call vote, Councilors Fjelstad, Severtson and Brooks voted in favor of leaf burning and Councilors Rasmussen, Erdman, Marin and Mayor Eaton voted nay. Mayor Eaton declared the ordinance defeated.

City Manager Simonsen reported that the staff will come up with alternatives for people.

Councilor Marin requested estimates of what it would cost to have people rake the leaves into the street and the City vacuum come by to pick them up. Ms. Simonsen noted that the issue would be leaves going into the storm sewer thus causing problems with the water quality. It would be necessary to have the truck go by immediately and the City has 120 miles of roads.

Councilor Rasmussen suggested getting the Sentence to Serve people involved.

(See Secretary’s Original Ordinance

92, 3d included with these minutes.)

Councilor Rasmussen reported that he and Councilor Severtson have been looking into the matter. It is their opinion that staff is handling the situation and they would like to defer any Council action at this time and let the process take its course.

City Manager Simonsen reported that Mr. Darwin Viker and his team from Larson, Allen, Weishair audited the City’s financial statements for the year ending December 31, 2004 and presented the results of the audit to the City Council on May 19 as well as an overview of the City’s Comprehensive Financial Report. Both reports are available at the Public Library and the financial report is available on-line.

Councilor Erdman moved, Councilor Severtson seconded, that the Annual Financial Report be accepted.

Councilor Marin asked when the three areas of concern will be addressed. Ms. Simonsen stated that the firm would not have signed off on the audit if they did not feel the items would be handled immediately. As the firm stated, they feel we have a very strong financial team. They did have some suggestions for the City Council regarding the enterprise fund, the water and sewer fund. This fund is showing a loss for the third year. They suggested the City continue to keep an eye on this fund and if necessary take action to increase rates or cut expenses. An enterprise business fund should not be showing a loss.

On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the report accepted.

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

City Manager Simonsen explained that this resolution authorizes the City Manager to submit an application for flood damage reduction funds through the Minnesota Department of Natural Resources for the acquisition of properties within the East Main Street flood area. The Minnesota Department of Natural Resources (DNR) will be supplying matching funds to the Department of Employment and Economic Development (DEED) for acquisition of properties identified and qualifying for acquisition.

Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-99, authorizing an application to the DNR, 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

05-99 included with these minutes.)

City Manager Simonsen reported that the City opened bids for Jobs 9905 and 0113 for the extension of utilities on East Main Street. There were a total of three bids submitted. Bids were received from S. J. Lewis Construction, Waite Park, MN, Heselton Construction, Faribault, MN, and Ellingson Companies, West Concord, MN. She noted that City staff is recommending acceptance of the low bid from S. J. Lewis Construction of Waite Park, MN for a bid of $883,587.49. The engineering estimate for the job was $1,063,840.20.

Councilor Marin moved, Councilor Erdman seconded, that Resolution 05-100, accepting the bid of S. J. Lewis Construction in the amount of $883,587.49 for Jobs 9905 and 0113, be accepted.

Councilor Brooks asked whether the staff has figured out a way for emergency vehicles to gain access to the Government Acres area. City Engineer Jahnke replied that they have discussed this issue with S. J. Lewis and they are planning to have the road back in place so residents will be able to go home each night. They are hoping to keep one lane open but if it is necessary to close the road for a period of time, they will notify the residents prior to the closing.

With regards to fire and emergency, a pumper truck would be parked on the other side of the trench so that we will have water out there until the hole could be closed and the fire truck could get access.

Councilor Brooks asked whether the emergency and fire personnel are comfortable with those restrictions. City Engineer Jahnke replied that less than a quarter of a mile is involved and that the hole would be filled in an emergency. A meeting will be held with the contractor and the citizens. He noted that once the contractor has the schedule in place a meeting will be held with the residents, the contractor and the staff.

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

05-100 included with these minutes.)

City Manager Simonsen reported that at the May 9 City Council meeting the City Council approved the installation of pedestrian warning signs near the Law Enforcement Center. Upon use of the warning signs for the past couple of weeks, the County and City staff are in agreement that the warning signs should be in place 24 hours a day instead of 8 to 4 Monday through Friday. Both entities feel that the rubber foundation by itself may present a hazard to motorcycle traffic that is not aware of its installation. Therefore, we are requesting the pedestrian warning signs be in place continually throughout the spring and summer months.

Councilor Rasmussen moved, Councilor Marin seconded, that the guidelines be amended to permit the signs to remain in place.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the guidelines amended.

City Manager Simonsen stated that this resolution calls for a public hearing on June 13, 2005, at 7:00 p.m. to consider a proposal to grant business subsidies to Bridon Cordage, LLC, through the Job Opportunity Building Zone (JOBZ) tax exemptions and tax credits.

Councilor Rasmussen moved, Councilor Erdman seconded, that a public hearing be called for June 13, 2005 at 7 p.m. to consider a proposal to grant business subsidies to Bridon Cordage. 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

05-101 included with these minutes.)

City Manager Simonsen explained that the City Council has received a copy of the appraisal for the Blazing Star Landing. It was conducted by Robinson Appraisal & Associates, Mankato, MN. Because of the size and complexity of the site, the appraiser did not establish a fixed price, but suggested per square foot values depending on the land use for which the site is being sold. The land use also affects the clean up costs (with commercial being the lowest clean up and residential being the highest). Mixed land uses would have a cost somewhere in between.

The value of the land is projected highest for commercial use (up to $5.00 per square foot) and valued at its lowest for residential use ($1.50 per square foot). The appraisal was based on 30 acres of usable land and could therefore vary in value from $1,960,000 to $6,534,000 based upon use.

The City has submitted its draft report from SEH regarding environmental cleanup to the Minnesota Pollution Control Agency and is awaiting their response. Based on the draft report, cleanup of the site could vary from $975,000 for commercial use to $2,855,000 for residential use. If the maximum cleanup costs are used, the cost of residential cleanup could exceed the value of the land. Staff recommends acceptance of the appraisal report, but not affixing a value to the land until a development plan is established and the Minnesota Pollution Control Agency determines the required level of cleanup.

Councilor Severtson moved, Councilor Marin seconded, that the Blazing Star Landing appraisal be accepted.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appraisal accepted.

Every year the City Council is faced with the decision of whether or not to provide mosquito spraying services to the community. For 2005, the City did budget $36,000 for mosquito spraying services, and offset that expense with $36,000 in revenue to be generated from a one-time charge on utility bills during the summer months. City Council once again needs to determine if the benefits of the service outweigh the costs. The City has several options:

1.  Contract with an outside agency to provide city-wide coverage.

2.  Purchase the necessary equipment and chemicals, and certify the staff to perform our own spraying.

3.  Check on other options for mosquito control.

4.  Discontinue the practice of mosquito spraying in its entirety.

Councilor Severtson suggested the City should use the phone line to get input from the public.

Councilor Rasmussen asked if we have any idea on figures for the various options. Ms. Simonsen stated that in 2004, the cost was $36,000 for six applications & larviciding. She suggested going out for a bid to get the amount down. She noted that the staff looked into the City doing it themselves. Units are able to be mounted on pickup trucks. For a City our size, we would need four units to cover the 120 miles of road and would need to devote two staff hours each night to get that accomplished. The cost of each unit ranges from $4,000 - $7,000. The chemical cost is estimated at $12 per mile per application for the insecticide. Each application would be just under $1500. Applying weekly would cost about $17,280 which does not include larviciding. Labor cost will be highest, one person to drive the truck and one on the back of a truck. Overtime cost would be involved. The labor itself could range from $3,000 to $6,000 a summer. Mayor Eaton noted that this would be an investment because the equipment would be used over and over. Costs for spraying only, no larviciding, for the staff, the equipment and the chemicals it would cost about $30,000 and $50,000 for the summer months with applications being each week. Jim Hanson will be contacted for input regarding aerial spraying.

Councilor Fjelstad asked if there were any small towns around Albert Lea that we might contract with.

Councilor Marin asked if it is possible to be up and running this year with this doing the program. Ms. Simonsen stated that it would depend on how soon the units could be obtained. The City still has a unit in storage that was used more than 15 years ago.

John Reid, 808 Ulstad Avenue, presented the Council with some information on mosquito spraying in Blue Earth. It appears that we have attempted to address mosquito spraying in a more orderly fashion. He stated that he is against mosquito spraying as he believes it is a waste of time and money. He believes that the spray goes straight up in the air. He would prefer to take care of his own.

City Manager Simonsen noted that the pesticide that is used is only effective if it touches the actual mosquito. We have just under 8000 households in the City. It would cost about $5 per household per summer.

Mayor Eaton asked if education has been a part of the program. Ms. Simonsen responded that they have urged the public to eliminate standing water.

Councilor Fjelstad noted his agreement with Mr. Reid. He stated that the mosquito spraying last year was ineffective. The only way to address this completely is to obtain a quote for aerial spraying. He believes that aerial spraying will be more effective and we could follow-up with truck spraying. He also asked how much the phone line cost and Ms. Simonsen responded about $5.

Mayor Eaton asked that the City look at how spraying affects the watershed. She noted that there are three recommendations. Look at the cost of aerial spraying, implement the phone line and the effects on the watershed.

Councilor Rasmussen asked if there was any information from a health perspective. Ms. Simonsen will provide that information to the Council.

Ms. Simonsen stated that as the City enters into an agreement with the State for the acquisition of properties affected by recurrent floods, we felt it was appropriate to review and approve the acquisition policies that will guide this process:

1. Each property will be appraised by a professional independent appraiser.

2.  The City will offer the appraised value for the property. The owner will be provided a copy of the appraisal.

3.  Potential seller may conduct an appraisal at his/her own cost. If there is a difference, the City can evaluate and may negotiate an acquisition price.

4.  When agreement is reached on a sale price, city staff will prepare a purchase agreement.

5.  Purchase agreements will be submitted to the closing and/or abstract agency. The City will pay for the title search and closing costs.

6.  City will acquire property and fixed contents. City will not acquire business interests or pay business loss.

7.  This is an acquisition only program, and the City will not pay relocation, new site acquisition, new building construction, or rehabilitation or utility changes or improvements.

8.  City will remove any fixed contents of the building that have value and will offer the contents for sale at the annual city auction. No contents will be sold directly to owners or to the public.

9.  City will pay cost of building demolition and site restoration to floodable open space.

As part of this program with the State government, the land cannot be used for buildable space again. It must remain public open space. In this case, we will hopefully be grading the site so that it will now retain water and keep it off of other areas that have flooded. Ms. Simonsen noted that this is purely acquisition – not relocation. As part of the East Main program, we are working with four businesses and 1 residential unit, Poole Electric (2 buildings), Union Center, the Moose, Collins Auto Repair and a duplex that sits behind Poole Electric. These businesses have met the state standards.

Councilor Severtson moved, Councilor Marin seconded, that the acquisition policies be adopted. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the policies adopted.

Ms. Simonsen noted that the next step is that the appraiser will be visiting those locations during June. Acquisition prices will be looked at, the owners will be looking at other locations and the City’s contribution will be demolition costs, the appraisals and re-construction of the site. Money for the project will be $600,000 from DEED, approximately $500,000 from DNR, & possibly a $100,000 from FEMA. If no funds are received from FEMA, the DNR is planning on picking up the additional $100,000.

Mayor Eaton:

• On behalf of Lt. Jeff Strom and the Albert Lea Police Department and their safe and sober month, she announced the buckle up, click it or ticket promotion from May 23 to June 5.

• Congratulated the volunteers and participants in the Land Between the Lakes triathlon. Thanked Steve Schwab, Rhonda Krcil, Ethan Berg and Scott Woitas for their participation.

• Thanked Councilors Fjelstad, Severtson and Erdman and the City staff at the Transfer Station for the City Clean-up day.

• Congratulated the A.L. Tribune for their award for the education piece on methamphetamines.

• Congratulated the A.L. High School newspaper for awards.

• Congratulated Carl Schatz and the Boy Scout Troup 7 for their 300 volunteer hours to rehab the Pelican Breeze for his Eagle Scout Award.

First Ward, Councilor Rasmussen:

a. Asked that the outhouse located at the boat landing on Richway Drive be moved back out of sight.

b. If members of the public are interested in acknowledging the library staff, there is a book at the Library where messages of appreciation can be written to the staff. He thanked the Library Staff for all the hard work over the past couple of months without a Librarian.

Second Ward, Councilor Erdman:

a. Thanked the Police Department and the Animal Control Officer for quick action in solving the dog problem on North Fourth Avenue.

b. Asked for policy on signs in the public right-of-way, power poles, etc. Ms. Simonsen stated there shouldn’t be any. Mr. Erdman noted a sign at the intersection of County Road 46 at Highways 69 and 13 advertising a hobby farm for sale and another sign advertising a rummage sale. Liberal with the rummage sale signs. Ms Simonsen stated that a post should be placed on a corner with permission from the property owner and then removed after the sale.

c. Property at 207 North 1^st Avenue has a junk car in the yard, is in tough shape, garbage in the alley and it needs some attention from Inspection.

d. What is the status on the 8^th Avenue storm sewer and lift station? Ms. Simonsen replied that the City had originally requested upgrades as part of the bonding bill. We were under the impression that the lift stations were included in the bonding bill. As the bonding bill was approved the City was made aware that it was approved for the acquisition of the flood properties. Rep. Dorman stated that there are still some funds left in the DNR pot of money and the City has put our name back in for the funds. Hopefully we will be able to get enough to do a little more with that project. If not, the City had planned to upgrade those lift stations through our Capital Improvement Plan but with the design and construction probably would not be in full service until spring 2006.

e. Received calls on illegal parking around the medical center. Parking too close to stop signs/crosswalks, yellow zones and no parking zones. Perhaps we could have some spot enforcement by the Police Department.

f. Noted that the Street Department did a nice job of getting garbage cans in the North Broadway lot.

g. Worth Co. Development Authority recently received from the IA Racing and Gaming Commission a license for the Diamond Joe Worth Casino to be built 15 minutes from Albert Lea. Council should send them a letter of congratulations for this license. We could capitalize on this also as this is close to us. A couple moved to Northwood because of its school district. The couple lobbied the State Legislature and got two laws changed to have this casino license. They will have a $40 million complex built off I-35. We need to look at the Blazing Star Landing site for something that would complement that casino because that casino will draw people to this area. Moved that the Mayor compose a letter of congratulations to the Worth County Development Authority for receiving their license and to Kim and Steve Miller. Councilor Severtson seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and announced that she would be happy to send a letter on behalf of the Council and noted that this will be a real opportunity for Albert Lea and our tourism industry.

Third Ward, Councilor Marin:

a. Thanked staff for getting the speed sign up on Highway 13 so quickly.

Fourth Ward, Councilor Fjelstad:

a. Asked who puts up the dog poop collection bags on the Blazing Star Trail and can we put them at Bancroft Bay Park. Ms. Simonsen noted that the City does and that we can put them in Bancroft Bay Park also.

b. Asked if it is illegal to drive golf carts on City streets. The Police Department advised a citizen to call his City Councilor regarding this issue. He wondered if a permit to drive a golf cart on the street would be possible.

c. Could the timers on the fountains be set so that they run from 7 a.m. to 11 p.m. on weekdays and until midnight on weekends?

Fifth Ward, Councilor Severtson:

a. The resident at 713 Stevens Street is complaining about the utility charges on their property because of their zoning. Ms. Simonsen advised him to notify the resident and ask them to call either the Finance Director or her.

b. He attended the Triathlon and commended Mr. Schwab on his outfit and noted that Ethan Berg came out of the water five minutes after the leader, ahead of Scott Woitas, but that Woitas passed Schwab on the way in.

c. Expressed sympathy to Councilor Marin and his family on the loss of a family member. He noted that Mr. Bok never commented on Marin’s absence.

Sixth Ward, Councilor Brooks:

a. Asked that Inspection look at the properties at 611 and 501 8^th Street and 621 East Seventh Street. He noted that there is long grass and garbage in the driveway. Ms. Simonsen noted that an updated list will be included in the Friday Letter.

b. Asked if the City had checked the stop sign at Seventh and St. Joseph. It can be pulled out of the ground.

c. Received calls on the soccer issue. He noted that a game was held in the park last week and the residents asked if that is going to be a weekly event. Ms. Simonsen stated that it is her understanding that one of the leagues has contracted with the school to use Brookside. If there was a group at Memorial Park last weekend, it might have been a group not sanctioned by the Park Department. She reminded him that Memorial Park is a public park and open to use on weekends.

d. Thanked the people in the six to seven block area with the inconvenience experienced by removal of sidewalks. He noted that the crews are doing a good job.

Councilor Marin moved, Councilor Rasmussen 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 13, 2005. 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 June 3, 2005.

 /S/ Allison Folie                                                                               /S/ Jean Eaton                                                      

Acting Secretary of the Council                                                    Mayor 

Old City Council Minutes

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