Albert Lea, MN

June 23, 2003

Pastor Doug Smither, Calvary Baptist 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.

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, the Albert Lea Tribune and KAAL-TV.

TEMPORARY LICENSE

FOOD/BEVERAGE

Albert Lea Shrine Club for a pancake breakfast on July 6, 2003 at the Airport

American Legion Post 56 for July 4, 2003

Linda Adams, 2403 Ethel Avenue, for July 4, 2003 at the corner of Broadway and Fountain

PUBLIC DANCE

Lucas Renaux, 1009 Janson Street, for a wedding dance at the Freeborn County Fairgrounds on July 19, 2003

(c)  RESOLUTION 03-120 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-120 approves a Minnesota Lawful Gambling Application to Conduct Excluded Bingo from the VFW Post 447 for operations at the Freeborn County Fair, July 29 through August 3, 2003.

(See Secretary’s Original Resolution 03-120 included with these minutes.)

(d)  RESOLUTION 03-121 ADOPTED – APPROVING ADMINISTRATIVE SURVEY:  Resolution 03-121 approves a division of Lot 5 in A.B. Webber's Subdivision for Rosemary Wulff.  

(See Secretary’s Original Resolution 03-121 included with these minutes.)

(See Secretary's Original Resolution 03-122 included with these minutes.)

Councilor Brooks moved, Councilor Kron seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.

Mayor Jean Eaton announced a public hearing for the transfer of the on-sale intoxicating liquor license for 137 East Clark Street from Sue Miller d/b/a Your Place to Bueno Management, Inc. d/b/a Nite Moves. The necessary notice for this hearing was published on June 13, 2003.

There was no public discussion. Councilor Erdman moved, Councilor Kron seconded, that the transfer of the on-sale intoxicating liquor license at 137 East Clark Street from Sue Miller to Bueno Management, Inc. be approved. On roll call vote, all Councilors voted in favor of said motion, with the exception of Councilors Fjelstad and Brooks voting nay. Mayor Eaton declared the motion carried and the transfer approved.

City Manager Sparks explained that he had received a letter from the Freeborn County Kennel Club requesting that its rental space in the City Arena be continued. He noted that the City wishes to maximize revenue of the space, including a look at increasing the Kennel Club’s rent and the ability to offer the facility to other people. The Kennel Club currently has exclusive use of the space.

Roberta Jarel, 23807 865^th Avenue, introduced the Kennel Club members present at the meeting. She explained that they rent an upstairs room at the Arena and that the Kennel Club provides an important service to the community.

Terry Nelson, 1126 Belmont Street, told the Council that she is the president of the club and that they are aware that an increase in rent is necessary but that they are requesting one that is workable for the club. The club currently pays $1800 a year and they are willing to pay an additional $1200 per year. She said that they use the room four to five times per week on average and that they are requesting exclusive use of the room. They use 500 pound mats for training and the mats are very difficult to move or roll up. In the 12 years they have rented the space, they have continued to care for the space and require only that staff open and close the room.

Councilor Fjelstad moved, Councilor Brooks seconded, that the exclusive use of the space by the Freeborn County Kennel Club be continued at the $3000 annual rent.

City Manager Sparks explained that the staff is trying to move away from exclusive use. He noted that the Albert Lea Hockey Association is interested in renting the space for use three times per week at $300 a month. He also noted that the staff is willing to open up a storage room on the main floor for use by the Kennel Club.

Ms. Nelson noted that the room offered would not permit the club to provide training to the public.

Ms. Jarel asked what the hockey club intended to use the room for. Councilor Brooks responded that the hockey association intends to use the room for dry floor training.

After additional discussion and on roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the exclusive use authorized.

Mary Ellen Johnson, 331 Willamor Circle, President of the Downtown Association, explained that the merchants are planning Crazy Days for July 24 through 26, 2003. The group is interested in closing Broadway Avenue between Clark Street and Main Street for July 24 from 8 a.m. to 7 p.m. They are inviting the farmers market, food vendors, churches, booster clubs, service clubs and non-profit organizations to set up booths on that day to add to the festivities.

Councilor Erdman moved, Councilor Amundson seconded, that the request to close Broadway between Clark and Main Streets on July 24 from 8 a.m. to 7 p.m. for Crazy Days be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the closing of Broadway authorized.

Mayor Eaton introduced Sandy Sorenson and her fourth grade class from Lakeview School. The group presented a power point presentation for an indoor recreational facility in Albert Lea.

City Manager Sparks informed the Council that the demolition of the property at 1520 Hawthorne was carried forward at the previous meeting at the request of Councilor Fjelstad and that he has provided additional information for Council review including a letter to the original owner when the property was condemned in 1998, a follow-up letter to the current owner in February 2002 describing what the Inspection Department felt were insurmountable problems and a lack of progress on rehabilitating the property, a memo that Inspection prepared explaining the procedure followed for condemnation of unsound properties and a chronology of the City’s involvement in the property.

Councilor Kron moved, Councilor Amundson seconded, that the property demolition of the house at 1520 Hawthorne be authorized.

Paul Livgard, the attorney for Mark Moonier and Jane Klang, appeared before the City Council reciting his version of the history of the property. He noted that Moonier has worked steadily on the property and has invested $75,000 in the repair of the property. He has recently hired another individual to assist him in the work. He agreed that the property has not been in good shape for a number of years but that Mr. Moonier has made improvements since he purchased the property. He questioned why the City is rushing into demolition indicating that litigation as a result of the Council’s authorization for demolition could be an issue.

Mayor Eaton asked when the owners intend to have the property completed and Mr. Livgard responded in two years.

Additional conversation included a timeline for completion of certain elements of construction, a desire to settle this dispute out of court, the reasons for issuing a building permit, the length of time between the issuance of the permit and today with no roof repairs having been made.

Scott Knutson, 18521 750^th Avenue, told the Council that he owns the property next door to the Moonier/Klang property and that he had at one time looked at the property for purchase and repair and decided against it feeling that the property was beyond repair. He noted that he works a full-time job, has restored many buildings in Albert Lea and he feels that this is the worst property in Albert Lea. He feels that the property needs to be demolished. He cited the fact that there is black mold all over the inside of the structure and that you can never get rid of the smell. He also noted that there is no confusion over the length of time the work must be completed under a building permit. He has never encountered problems with any of the staff.

Jane Klang, 111 The Fairway, told Knutson that he was one of the first to congratulate them on the purchase of the property and told the Council that they needed to allow a little time for the property to be completed.

Scott Knutson told the Council that he owns 40 units in Albert Lea and that the building will not cash flow with the amount of money invested. To make all of the necessary improvements would cost approximately $200,000 in a neighborhood of $30,000 to $40,000 homes.

Additional discussion, included a question of what happens after a year and a half and the property is nowhere near complete, the possibility for bad weather affecting the construction, the fact that the City would never permit any other property to continue to sit as this one has. Councilor Brooks asked if there have been any improvements to the property since the building permit was taken out on April 24, 2000. Paul Stieler, a representative of the Inspection Division, told the Council that the property is still in the demolition stage and that they have never been called to inspect the property for construction.

After additional discussion and on roll call vote, all Councilors voted in favor of Resolution 03-123 with the exception of Councilors Fjelstad and Brooks who voted nay. Mayor Eaton declared the motion carried and the resolution approved.

(See Secretary’s Original Resolution 03-123 included with these minutes.)

City Manager Sparks told the Council that the Celebrate Albert Lea committee has requested Council approval of planned events for the celebration and is requesting a contribution of $4000 in support. The planned events include a dance at the Fairgrounds, a family/fun run, Farmers Market, fishing contest, kids’ events, water ski club performance, cemetery walkers re-enactment, magician, mariachi band, a boat parade and other activities.

After Council discussion, Councilor Fjelstad moved, Councilor Kron seconded, that Resolution 03-124, approving the Celebrate Albert Lea events and authorizing $4000 in general support, 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 03-124 included with these minutes.)

City Manager Sparks reported that this resolution approves the Youth First Sports Agreement between the City, the School District and Community Education and provides sports programs for 7^th and 8^th graders.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-125, approving the Youth First Sports Agreement, 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 03-125 included with these minutes.)

City Manager Sparks explained that Strong Insurance Agency has been the City’s agent of record for approximately 20 years and that this resolution would name them to represent the City on insurance policies for the coming year. He noted that Strong receives a fixed commission for handling the City policies in the amount of $12,500 per year.

Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-126, naming Strong Insurance Agency the City’s agent of record, 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 03-126 included with these minutes.)

City Manager Sparks reported that this resolution supports a consolidated application for designation as a Job Opportunity Building Zone (JOBZ) under a new law adopted by the State of Minnesota. The City will join with a number of other counties along I-90 to submit the application. It improves the City’s opportunity to be approved by being with other counties and we will receive adequate land to more than absorb our anticipated development over the next ten years.

After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 03-127, in support of the Job Opportunity Building Zone application 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 03-126 included with these minutes.)

City Manager Sparks stated that this is the annual list of tax-forfeited properties received from the County for possible acquisition by the City on behalf of the Port Authority, as it has commercial development potential. He is requesting Council authorization to purchase a parcel of land consisting of approximately 19 acres lying south of Sykes Road, north of Hershey and east of the Northbridge Mall. The property has a substantial amount of delinquent sewer, water and road assessments against it and the price for purchasing the property will come back to the City. Mr. Sparks is also requesting the Council ask the County to reinstate assessments for three additional properties.

After Council discussion, Councilor Fjelstad moved, Councilor Amundson seconded, that Resolution 03-128, authorizing the purchase of a tax forfeited property and requesting reinstatement of assessments for three tax forfeited properties, 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 03-128 included with these minutes.)

City Manager Sparks noted that the City has accepted bids for traffic signals at Blake Avenue, TH 65 and Sorensen Road (Job 0238) and the low bidder was Mankato Electric at a cost of $213,200 and at East Main and Blake Avenue (Job 0232) and the low bidder was Mankato Electric at a cost of $214,900.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that the bids of Mankato Electric for Job 0232 at a total cost of $214,900 and for Job 0238 at a total cost of $213,200, 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 03-129 included with these minutes.)

City Manager Sparks told the Council that the City Engineer has identified a need to replace old undersized storm sewer piping in the area of the Bridge Avenue and Fountain Street intersection and that the Street Department has observed a gradual sinking of a large area on Bridge Avenue near Fountain Street. He noted that St. Theodore’s is preparing to develop its parking lot which will require installation of a new storm sewer pipe across Fountain Street to Fountain Lake which provides the City an opportunity to make necessary changes to the storm sewer system and the City Engineer is recommending replacement of the City storm sewer piping and reconstruction of the Bridge Avenue/Fountain Street intersection street surfacing in conjunction with the work being done at St. Theodore’s Church at an estimated City cost of $95,475.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that the storm sewer improvement at an estimated City cost of $95,475 with funds provided by the Capital Projects Fund to pay for the replacement of the City storm sewer piping and reconstruction of the Bridge Avenue/Fountain Street intersection street surfacing, 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 03-130 included with these minutes.)

City Manager Sparks reported that as a part of the City Council’s overall budget evaluation, he is recommending that the City look into the possibility of developing a street light utility. This resolution authorizes a contract with Bolton & Menk for the purpose of preparing such a study. The result of the study would be how an overall street light utility system might be charged out to benefiting property owners.

After Council discussion, Councilor Amundson moved, Councilor Fjelstad seconded, that Resolution 03-131, authorizing a contract with Bolton & Menk for preparation of a street light utility at a not to exceed fee of $15,000, 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 03-131 included with these minutes.)

Mayor Eaton requested the City Manager update the Council and residents on Premium Pork.

City Manager Sparks noted that the column in the newspaper was incorrect and that the City has offered property owned in the Habben Business Park as a part of the package. The City has also negotiated additional acreage if necessary. The Company has encountered some problems which have set the timetable back. The Company has performed engineering studies to compare costs of the different sites and that the Company has told the City that we are still being actively considered for the plant.

Mayor Eaton commented that the package the staff has put together is excellent.

City Manager Sparks reported that Trails Travel Center is contemplating a new building and parking area on Lots 5 and 6, Block 2, Trails Subdivision and to facilitate this construction, it is necessary to vacate a portion of the platted County State Aid Highway 46 right-of-way and re-grade the existing road ditch which is unmaintained and a safety issue.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-132, authorizing vacation of right-of-way for Trails Travel Center, 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 03-132 included with these minutes.)

First Ward, Councilor Amundson:

(a)  Thanked the City Manager for the Premium Pork update.

(b)  Reported that he has received several calls from bar owners interested in the 2 a.m. closing permitted by the State Legislature in the last session. He introduced an ordinance to permit the 2 a.m. closing.

(See Secretary’s Original Ordinance 66,3d included with these minutes.)

Second Ward, Councilor Erdman:

(a)  Suggested the City look into a research and marketing person to conduct a survey among the City’s residents to determine interest in the one-half cent sales tax for lake cleanup. Councilor Erdman moved, Councilor Fjelstad seconded, that the City staff check into a person or group to conduct this survey. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the survey authorized.

(b)  Received a letter from Northern Lights Amusements indicating an interest in coming to Albert Lea for the 4^th of July festivities. Dana Guildner appeared on behalf of the carnival and told the Council that the owner will be in Albert Lea on Tuesday to discuss this and to locate a site. Due to the lateness of the request, Councilor Erdman moved to authorize the carnival and that the staff shall negotiate the terms and conditions with the company. Councilor Amundson seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the event authorized.

(c)  Expressed his appreciation for the mosquito spraying and requested that this be included in the 2004 budget.

(d)  Thanked Bob Graham and Wendy Flugum for putting together the Planning Commission tour.

(e)  Requested City Engineer Olson comment on Grace Street. He noted that there is a full sidewalk on the south side of the street and a half sidewalk on the north side. City Engineer Olson stated that the Engineering staff is preparing a feasibility study on the total reconstruction of Grace Street and that the study will probably include moving the sidewalk from the south side of the street to the north side and replacement of the utilities in the street.

(f)  Announced that he is still doing research on Hillside Avenue.

Fourth Ward, Councilor Fjelstad:

(a)  Commented that the previous mosquito spraying did a good job.

(b)  Requested that the sound system be repaired.

(c)  Commented on the Tony Trow article in the newspaper. He objected to the inference that the Council, Mayor and Manager don’t know anything and announced that he has always known where the proposed pork plant would be located. It was a misprint in the newspaper that the plant site is in the southwest part of town and he suggested Mr. Trow do more research.

Sixth Ward, Councilor Brooks:

(a)  Asked who is responsible for the grass mowing along Highway 65 between Todd Avenue and the Elks Club. City Engineer Olson stated that the City takes care of the right-of-way to Margaretha and that he would check into responsibility for the school property.

Glen McDaniel, 701 Garfield Avenue, complained about the trains whistling at night from one end of town to the other.

Councilor Amundson moved, Councilor Kron 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, July 14, 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 June 24, 2003.

_/S/ Sandi Behrens_________________________      _/S/ Jean Eaton____________________________

Secretary of the Council                                                       Mayor