Albert Lea, MN

May 24, 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, George Marin, Jeff Fjelstad, Al Brooks, and Mayor Jean Eaton. Absent was Councilor Mary Kron. Also present were City Manager Victoria Simonsen, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Acting Council Secretary Allison Folie, 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 MAY 10, 2004.

(b) LICENSES APPROVED:

ANNUAL LICENSES

BILLIARDS/POOL TABLES

Jaxx Pub & Grub, 137 East Clark Street, Albert Lea

 

CIGARETTE

Jaxx Pub & Grub, 137 East Clark Street, Albert Lea

 

FOOD/BEVERAGE

Albert Lea Figure Skating Club, P.O. Box 368, Albert Lea (for concessions at

     the City pool)

Jaxx Pub & Grub, 137 East Clark Street, Albert Lea

 

MECHANICAL AMUSEMENT DEVICES

Jaxx Pub & Grub, 137 East Clark Street, Albert Lea

TEMPORARY LICENSES

FOOD/BEVERAGE

Hollandale Christian School, 203 Central Avenue South, Hollandale, for a

     booth at the Freeborn County Fair August 2^nd through August 8^th, 2004

 

PUBLIC DANCE

David Kenneth Nelson, 707 West Front Street, Albert Lea, for a wedding

     dance on June 19, 2004 at the Freeborn County Fairgrounds

Megan Marie Olson, 73882 - 275th Street, Clarks Grove, for a wedding

     dance on August 21, 2004 at the Freeborn County Fairgrounds

(c) RESOLUTION 04-118 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 04-118 approves the Minnesota Lawful Gambling Application for Exempt Permit of the Freeborn County 4-H Club Organization, 411 South Broadway, for a raffle at the Freeborn County Fairgrounds, 1031 Bridge Avenue, on August 7, 2004.

(See Secretary's Original Resolution 04-118 included with these minutes.)

(d) RESOLUTION 04-119 ADOPTED – CLAIMS: Resolution 04-119 presents the financial claims of the City.

(See Secretary's Original Resolution 04-119 included with these minutes.)

Councilor Marin 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.

Mayor Eaton opened a public hearing to consider the adoption of Miscellaneous Assessments Roll 46. The necessary notice for this hearing was published on May 13, 2004.

City Manager Victoria Simonsen explained that this resolution would provide for the adoption of the proposed assessment roll for unpaid utility bills, refuse removal, and miscellaneous charges that will be payable in a single installment at an interest rate of six (6) percent. She acknowledged that all parties have been notified of their assessments and that they will have until October 10, 2004 to pay their assessments in full or they will be placed on their taxes.

There was no public discussion. Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-120, adopting Miscellaneous Assessments Roll 46, 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 closed.

(See Secretary’s Original Resolution 04-120 included with these minutes.)

Mark Anderson, Administrator of the Albert Lea Good Samaritan Center, 75507 – 240^th Street, appeared before the Council and spoke in regards to the issuance of bonds to finance a project the organization will undertake to add a 24-unit assisted living complex on the campus. He explained that the structure will be built just west of the current structure of Bancroft Creek Estates. He further explained that this addition would complete a continuum of care at the facility and that the project fits in with Good Samaritan Center’s strategic and long-range plans. He stated that the Albert Lea Good Samaritan Center is owned and operated by the Evangelical Lutheran Good Samaritan Society of Sioux Falls, SD. He stated that the Society is currently operating in 25 states with approximately 240 facilities. He advised that the Society is working with a state authority in Colorado on a multi-state financing plan for 43 society projects in 12 states. He explained that doing the financing as one large issuance of bonds saves the time of the various governmental units which would otherwise be involved, saves time for the Society, and also saves on issuance costs. He stated that no governmental unit is obligated to make any payments on the bonds.

Mayor Eaton thanked Mr. Anderson for his work at the Good Samaritan Center.

Councilor Brooks moved, Councilor Marin seconded, that Resolution 04-121, consenting to the issuance of revenue bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society, be approved. After Council discussion and 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 closed.

(See Secretary's Original Resolution 04-121 included with these minutes.)

City Manager Simonsen told the Council that Carl Blizzard, Transportation Coordinator of the Albert Lea Transit, 2205 Myers Road, requested permission to make a brief presentation to the City Council to solicit sponsorship for a proposed youth transportation program called Youth Pass Program.

Carl Blizzard, 314 Lakeview Boulevard, appeared before the Council to present the proposal. Mr. Blizzard stated that their organization has a vision to provide area youth with transportation to programs provided by the Park and Recreation Department. The organization requested $500 a month for operations in June, July, and August of this year. He stated that the proposed ‘youth pass’ would be available for $25 a month on a route including destinations appealing to young people such as the city pool, the YMCA, The Rock, the Albert Lea Public Library, and Wendy’s/McDonald’s restaurants.

When asked by Councilor Marin what the organization plans to do it they are denied funding by the City of Albert Lea Mr. Blizzard stated that the organization would not be able to start the program in 2004. It was determined that the City of Albert Lea is the only organization from which Albert Transit is requesting funds from at this time.

Garry Hart, General Manager of Cedar Valley Services, 2205 Myers Road, addressed the Council regarding the organization’s decision not to solicit funds from other programs or businesses for the proposed program. He responded by stating this is a pilot project that they would like to implement successfully before they solicit funds from other organizations, which they plan to do in the future. He also stated that they have not had the opportunity to venture out and solicit funds for the program due to the time constraints of implementing the program in the very near future.

Councilor Fjelstad inquired about the destinations on the route and pointed out that only two (2) of the stops listed on the proposed route are city entities. He asked about the legality of favoring some private enterprises listed as destinations over others. Mr. Blizzard stated that the organization is simply providing a stop for the youth to be able to move around town and that they are not forcing the youth to patronize these businesses. He confirmed that the route would also be open to the public in general and that the youth pass would provide unlimited rides during the hours of operation.

Councilor Fjelstad brought up the idea of ‘Buy a Kid a Pass’ funding. Mr. Blizzard stated that this type of funding has not worked in the past. He advised that the organization would like the City to be involved in the program to show their support of area youth.

City Manager Simonsen stated that the Council’s funds have been tapped out for the remainder of 2004 but further stated that it would be possible to use contingency funds instead to support the program.

Councilor Erdman inquired about the reason why Senior Resources got out of the transportation business and Mayor Eaton responded by stating the organization was under more time constraints than they were able to take at that point. She stated that Carl Blizzard ran a successful transit system in Atlanta, Georgia and that the Albert Lea transit system has already increased in usage since he became the Transportation Coordinator.

The idea of starting the program in 2005 was brought up by Councilor Erdman. Mr. Blizzard stated that this idea would be accepted by Albert Lea Transit as it would give them more time to market the program effectively.

Councilor Marin suggested giving the stops more general names such as the downtown stop, lakeside stop, southern stop, etc. to eliminate any bias toward specific businesses.

Mayor Eaton stated that she sees this program as an opportunity to help the families of deployed soldiers.

City Manager Simonsen suggested implementing the program in July and August and using the month of June to get the program up and running in order to ensure success.

The issue of where the funds would come from was raised and City Manager Simonsen stated that they may come out of the General Fund. She advised that it will most likely be taken from the contingency fund or recreation since it will benefit those programs.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that Resolution 04-122, approving sponsorship of Albert Lea Transit’s youth transportation program for July and August of 2004, be approved. On roll call vote, all Councilors voted in favor of the motion with the exception of Councilor Amundson and Councilor Fjelstad who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution 04-122 included with these minutes.)

City Manager Simonsen advised that the Albert Lea Art Center has requested the use of New Denmark Park to hold Art in the Park on August 28, 2004 in conjunction with Celebrate Albert Lea. She stated that they have requested to have electrical hook-ups for their vendors and also to have the ‘No Parking’ signs along Ruble and Albert Lea Street covered. She advised that Police Chief Tom Menning has no issue with covering the ‘No Parking’ signs during that time period.

Councilor Fjelstad moved, Councilor Brooks seconded, that use of New Denmark Park by the Albert Lea Art Center for Art in the Park, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen introduced Mr. Paul More with More’s Ag Center, Inc. She explained that in the past the City of Albert Lea has responded to mosquito outbreaks solely through pesticide application. She stated that Mr. More designed a new three-part program to effectively combat mosquitoes which he would like present to the Council.

Mr. More began by stating that a three-tiered program can be more effective than those based solely on fogging. First, he talked about the biology of mosquitoes and their natural habitat. He explained some of the measures that people may take to help avoid mosquito outbreaks. He stated that public education is the first part of the mosquito control program.

Mr. More stated that the Public Health Department has recommended treating catch basins in cities to help keep the mosquito numbers down. He explained that this portion of the program involves larviciding, which helps control the mosquito population at their developmental, or larval, stages. This application would be done twice in 2004.

The last stage of the program consists of adultaciding, which is broadcast fogging as Albert Lea has done in the past. This fogging would be done four times in 2004.

City Manager Simonsen went through the cost of the program. She stated that the total cost per household would be $2.78 for the summer. Although this is a reasonable cost and it could be assessed to each household, City Manager Simonsen stated that the Finance Department recommends the money come from the General Fund contingency instead. The reason for this recommendation, she explained, is because it would cost more to process the assessments than to simply pay for the program. City Manager Simonsen explained that unless the cost per household exceeds $5, the administrative costs are not worth expending. The total cost of the program for the 2004 season will be $21,840.

Mr. More explained that the product used in the adultaciding is very safe to humans and pets. He stated that there is a concern about fish coming into contact with the pesticide so there is a set-back of one city block from any lakes if the winds are prevailing towards the lake.

City Manager Simonsen stated that the Material Safety Data Sheets are available to anyone in the public who has a concern about the type of chemical that will be used. She stated that Mr. More simply recommends closing your windows to your home while spraying is being done if you have a concern about inhaling the product.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-123, approving the mosquito control program for the 2004 season, be approved. 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 04-123 included with these minutes.)

Councilor Marin introduced Ordinance 76, 3d, accepting the annexation order for the Evangelical Lutheran Good Samaritan Society property. This ordinance will lay over for a second reading and a public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 76, 3d included with these minutes.)

City Manager Simonsen explained that Floyd Nelson has requested a variance for the property he owns at 1321 Frank Hall Drive to provide for a 25 foot variance from the required 75 foot set-back from the lake. She explained that Mr. Nelson is requesting this variance to permit the construction of a house which will be 50 feet from the lake on the northeast corner and 75 feet from the lake on the southeast corner. City Manager Simonsen stated that the Board of Appeals has reviewed this variance request and recommends approval by the City Council.

Councilor Brooks clarified that they are applying the least variance to make it possible to build at that location.

Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 04-124, granting a variance to 1321 Frank Hall Drive, 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 04-124 included with these minutes.)

City Manager Simonsen told the Council she has received a request from Mr. Ron Holtan to take the fountain that was previously in Fountain Lake and install it in the stormwater retention pond near Lake Chapeau. She explained that Mr. Holtan wishes the fountain to be placed in the pond as part of an area beautification project as well as to assist with the water from becoming stagnant over the summer. She stated that Mr. Holtan is willing to donate the fountain to the City of Albert Lea so that it becomes public property. He will also pay for the installation of the fountain in exchange for the City of Albert Lea’s willingness to pay for the monthly electrical bill to run the fountain, which is currently estimated to be $50 per month. She also stated Mr. Holtan requested city staff install and remove the fountain every spring and fall.

Councilor Fjelstad clarified that Friends for Fountains is the true owner of the fountain and that the organization is willing to donate the fountain to the City of Albert Lea for the above-mentioned purpose.

City Manager Simonsen also stated she received an inquiry about taking the down the fence that is currently around the retention pond for the esthetic appeal of that area. Public Works Director Steve Jahnke spoke on the issue and stated that the Lake Chapeau group and two (2) of the Councilors specifically asked for the fence when they built the pond. Because a fence was requested, the retention pond was designed with a steep grade on the edges without safety banks.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 04-125, approving the fountain agreement for the stormwater retention pond, 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 04-125 included with these minutes.)

City Manager Simonsen explained that a resolution is needed to call a public hearing for the JOBZ tax exemptions for the application by Quality Pork Processors, Inc. She stated that the public hearing will be scheduled for June 14, 2004 at 7:00 p.m.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-126, calling a public hearing on the proposal to grant business subsidies to Quality Pork Processors, 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 04-126 included with these minutes.)

City Manager Simonsen explained that a resolution is needed to call a public hearing to review the application to the Minnesota Department of Employment and Economic Development for a $250,000 fund grant to Hormel Foods/Quality Pork Processors, Inc. for assistance with their building project. She stated that the public hearing will be scheduled for June 14, 2004 at 7:00 p.m.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-127, calling a public hearing on the proposal to submit a Minnesota Department of Employment and Economic Development, Minnesota Investment Fund Grant, 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 04-127 included with these minutes.)

City Manager Simonsen explained that the 1,000 feet of Lakeview Boulevard from 50 feet south of Wedge Street to 100 feet north of The Fairway is currently a Municipal State Aid location. She stated that Albert Lea’s reconstruction standards do not meet the design speed for State operations. She indicated that the area is currently a 30 mile per hour zone and the curves in the reconstruction plan only meet the 25 mph design standards. She explained that this resolution would accept a variance to the design standards for the State Aid project on Lakeview Boulevard. When asked what would happen if the variance were not approved Public Director Jahnke stated that Albert Lea would lose the state aid for that portion of the project.

Councilor Erdman moved, Councilor Amundson seconded, that Resolution 04-128, approving a variance from State Aid Standards S.A.P. 101-111-09 on Lakeview Boulevard, 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 04-128 included with these minutes.)

Mayor Eaton:

(1) Clarified that the following items were discussed at the Pre-Agenda meeting held on May 20, 2004:

i. Moving the location of the Pre-Agenda meeting to City Council Chambers;

ii. The public being allowed to speak at Pre-Agenda;

iii. Moving public input to the beginning of the City Council meetings;

iv. Changing the meeting day of Pre-Agenda from Thursday to Tuesday; and

v. Considering elimination or consolidation of some advisory groups.

(2) Congratulated Friends for Fountains for the three (3) new fountains in Fountain Lake.

(3) Thanked the Albert Lea Beautification Committee for the hanging flower baskets. She also stated that Albert Lea flags will be put up after Memorial Day with the help of the Fire Department.

(4) Congratulated Mr. Bizjak’s class at Southwest Junior High who distributed clean water door knockers promoting lake clean-up throughout Albert Lea residences.

(5) Congratulated Minnesota Freezer Warehouse for being awarded their OSHA MN Sharp Award for safety. She explained that Minnesota Freezer Warehouse is one of only 12 companies in the state of Minnesota that are able to qualify for that award.

(6) Announced that Minnesota Public Radio will be featuring Albert Lea in June or July at Lakeside Café.

First Ward, Councilor Amundson:

(1) Clarified that there is no voting and there is nothing that the City Council can take any action on whatsoever at Pre-Agenda meetings. He explained that local government is trying to do the best they can to get information out to the general public and that he would appreciate the cooperation of all media to get the information correct.

Third Ward, Councilor Marin:

(1) Inquired about mowing or taking down the tall weeds at the park on Belmont.

(2) Stated that the vacant lot across from Kwik Trip on Front Street has a trailer with a shed on it that looks terrible and also that there is junk piled up on the back on the lot.

(3) Requested that the Inspection Department check on the alley behind the houses mentioned in number two above.

Sixth Ward, Councilor Brooks:

(1) Stated that the property at 1117 South Shore Drive has had problems with their ditches and standing water. Councilor Brooks requested that Public Works Director Steve Jahnke have someone stop out at the residence to check out the situation.

(2) Requested that Fire Chief Sydnes comment about the defective emergency siren on South Shore Drive.

Fire Chief Sydnes stated that the siren has been sounding once or twice every two to three hours for the last couple weeks. He explained that the technical person was out of state for the weekend so he had make the choice to either shut the siren off or continue to let it go off the way it was. He stated that he decided to leave the siren on because the weather looked unfavorable. He explained that the transistor in now out of the siren making the siren inoperable for the time being as they sent it to Telcom to be fixed. Chief Sydnes stated that the Council may need to look into replacing the siren as parts are hard to find for an older unit such as this.

City Manager Simonsen inquired about the contingency plan in the case of severe weather for this area. Chief Sydnes stated that a new siren in the Habben area and a siren located by the Elks Club overlap the affected area.

(3) Stated that there is some concern as to the replacement of the blacktop on the easement affected by the berm that has been removed on South Shore Drive.

Public Works Director Steve Jahnke stated that the Engineering and Street Departments have concerns regarding snow removal and manhole access on said frontage road. He stated that the City would like the pavement replaced from where the road currently ends to just past the Lembke driveway, which is approximately 100 feet of roadway.

Loran Schroeder, 2017 Kevin Drive, stated that he owns a vacant lot at the end of the frontage road off of South Shore Drive. He inquired about who will pay for the blacktop when he decides to develop his property. He stated that he feels he should not have to pay for blacktop that was taken out illegally. Mr. Schroeder alleged that Mr. Lembke forged a permit and illegally removed the blacktop to put the berm in. He also alleged that Mr. Lembke illegally removed trees from the shoreline of the lake.

Public Works Director Steve Jahnke stated that he believes any improvements made to the property in front of the Lembke property would be assessed to Mr. Lembke and the remainder would be assessed to Mr. Schroeder. He further stated that the project is actually a County decision. Mr. Schroeder stated that he received a letter from the County stating that the project was to be handled by the City.

Doug Lembke, 1917 South Shore Drive, appeared and addressed the Council stating that all permits were in place for both the tree removal and all set-backs. He stated that he would supply the Council with all permits required if so desired.

(4) Requested an update on the Farmland site.

City Attorney Schwab addressed the issue by stating that Veit and Farmland are still in dispute over approximately $200,000 of the cost of demolition. He stated that the City of Albert Lea is still involved somewhat because we are holding approximately $300,000. He stated that Veit has hired a law firm from the Twin Cities who will probably take Farmland to court over the cost of demolition. He stated that the City of Albert Lea will not be directly involved in the law suit. He further stated that Farmland is willing to waive the requirement of tying the release of funds to the conveyance of property. He is currently drafting a revised Settlement Agreement and title may be transferred within a matter of days.

Lanier Pratt, 807 North Shore Avenue, inquired about any health concerns regarding the pesticides used in the adopted mosquito control program. The issue was explained to him by City Manager Simonsen as Mr. Pratt was absent during the mosquito control presentation by Mr. More.

Mr. Pratt stated that he is a co-chair for the Albert Lea Beautification Committee. He presented the flag design that the committee has put together for flags which will be hung around town after Memorial Day. He explained that the flags will be on sale for to the public for $30. He further stated that every penny earned will be reinvested in the banners they plan to purchase within the next few weeks.

Roger Bok, 1012 Cato Drive, stated that he read the article in the Albert Lea Tribune regarding the City Council Pre-Agenda meetings. He inquired about the reason why the Public Items section of the Council meetings was moved from the beginning to the end of meetings. He expressed his belief that someone makes these decisions "in the back room". City Manager Simonsen stated that it is a procedural issue that does not require voting.

Mayor Eaton recessed the meeting for a short period because she felt Mr. Bok was speaking disrespectfully to the Council. Mayor Eaton then resumed the meeting telling Mr. Bok he has three (3) more minutes to speak if he can address the Council respectfully.

Mr. Bok demanded to know why City Manager Simonsen has not been sworn into office yet. Mayor Eaton stated that she will look into the matter and asked him to continue with his next point.

Mr. Bok inquired about why the City condemned a house in which someone is living referring to Mike Spurr’s house, 309 Court Street. Both City Manager Simonsen and Mayor Eaton stated that Mr. Spurr is not living there and has not been living there for the past year.

Mr. Bok then asked why the house located at 1520 East Hawthorne Street is still standing. City Attorney Schwab stated that the house on Hawthorne Street will be coming down shortly as the owners have recently entered into a Settlement Agreement in which they would demolish house themselves.

Mr. Bok then explained that there were two (2) orange tagged vehicles on Ulstad in which the owners simply removed the tags without moving their vehicles. He demanded to know how long the vehicles are going to be parked there before action is taken. City Manager Simonsen stated they would follow-up on the issue.

Mr. Bok requested that Fire Chief Sydnes look into the railway issue in the City Center hallway. City Manager Simonsen stated that she has already addressed the issue. Mr. Bok then demanded that the Fire Chief "read the rest of it because there is a lot more to it and all he did was just read the first part". Mayor Eaton stated she believed the issue was finished because City Manager Simonsen already looked into the issue. Mr. Bok then became argumentative.

Mayor Eaton declared Mr. Bok out of order stating he was speaking disrespectfully and asked him to have a seat because his five (5) minutes were up. Mr. Bok then demanded that the Council answer his question. Mayor Eaton explained to him that this time was for public comment and that the Council does not have an obligation to answer his questions.

Councilor Amundson moved, Councilor Marin seconded, that Roger Bok be removed from the Council meeting. Two (2) officers of the Albert Lea Police Department then walked Mr. Bok out of City Council Chambers.

Lanier Pratt, 807 North Shore Avenue, approached the Council and apologized "on behalf of the citizens of Albert Lea" that the Council had to deal with that situation. He expressed his appreciation for all the work that the Council and staff does behind the scenes. He also stated that he does not think that everyone belives they are liars.

Former Mayor Bob Haukoos, 111 Fairview Drive, stated that he thought he should address the situation since his name was brought into the matter. He stated that the Public Items section of the Agenda was not moved to the end of meetings while he was in office as Mr. Bok alleged but prior to his term. He stated that he was attempting to bring the section back up to the beginning of the meeting and was told that the City Manager felt that anyone who wanted to speak on an issue could request to be placed on the Agenda. He stated that some citizens would take up so much time at the beginning of the meeting that many people would get disgusted and would not stay through meetings.

Glen Mc Daniel, 701 Garfield, inquired about why vehicles on College and Euclid are allowed to be parked there continuously without being moved. Mayor Eaton told him that she would have someone check into the issue.

Councilor Brooks moved, Councilor Marin 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 14, 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 May 25, 2004.

 /S/ Allison Folie                                                                 /S/ Jean Eaton                                                         

Acting Secretary of the Council                                        Mayor