Albert Lea, MN                                                                                                 July 10, 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, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF JUNE 26, 2000.

(b) LICENSES APPROVED:

Sameer Ali d/b/a Albert Lea Tobacco, Inc., 1601 W. Main Street

Steven P. Anderson d/b/a Andy’s Roadhouse Bar & Grill, 137 E. Clark St. for July 8 at the Armory

(c) RESOLUTION 00-117 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-117 approves an Application to Conduct Excluded Bingo at the Freeborn County Fair August 1-6, 2000, for the Albert Lea Lions Club.

(See Secretary’s Original Resolution

00- 117 included with these minutes.)

(d) RESOLUTION 00-118 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION: Resolution 00-118 approves a Minnesota Lawful Gambling Application to Conduct Annual Off-Site Gambling for the Albert Lea Township Firefighters Relief Association at the Freeborn County Fairgrounds August 1-6, 2000.

(See Secretary’s Original Resolution

00- 118 included with these minutes.)

(e) RESOLUTION 00-119 ADOPTED – CALLING A HEARING FOR CIRCLE DRIVE PROJECT ASSESSMENT: Resolution 00-119 calls a public hearing for Job 2004, the reconstruction of Circle Drive and Circle Avenue, final assessment for July 24, 2000.

(See Secretary’s Original Resolution

00- 119 included with these minutes.)

(f) RESOLUTION 00-120 ADOPTED – AUTHORIZING ASSIGNMENT OF TIF DISTRICT 5-11 CONTRACT AND BENEFITS TO BRAD AND STEVE WRIGHT: Resolution 00-120 authorizes the assignment of the Tax Increment Finance District 5-11 contract and benefits to Brad and Steve Wright.

(See Secretary’s Original Resolution

00- 120 included with these minutes.)

(g) CALLS A PUBLIC HEARING FOR THE INTOXICATING LIQUOR LICENSE RE-NEWALS FOR JULY 24, 2000.

(h) RESOLUTION 00-121 ADOPTED - CLAIMS: Resolution 00-121 presents the financial claims of the City.

(See Secretary's Original Resolution

00-121 included with these minutes.)

Councilor McPherson moved, Councilor Brooks 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 proposed improvement by bituminous overlay of Clark Street from Bridge Avenue to East Main Street (Job 2017). The necessary notice for this hearing was published on June 27, 2000.

There was no public discussion. After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-122, ordering the improvement and preparation of plans for Job 2017, 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

00-122 included with these minutes.)

REQUEST FOR KIDS SKATE PARK DISCUSSED

Stan Sevaldson, 333 East Second Street, appeared before the City Council to request Council approval of a temporary skate park on the north three tennis courts adjacent to the Aquatic Center for August, September and October. He provided copies of an informational sheet to the Councilors and informed them that living closely to the tennis courts he notices very little activity on the north courts. He noted that this area is ideal for a skate park and provides easy access for all parts of the City, that it is a busy area, enclosed, and provides a visible, safe area for observers. He stated that the group is not looking for money but may require some City lighting.

Mayor Wangen stated that the group needs to form an organization, obtain non-profit status, get insurance and prove that it can maintain adequate supervision.

Additional Council discussion centered around the fact that a waiver proposed by Mr. Sevaldson would not be adequate for the City’s purposes, that the City could still be sued as a result of an accident on the grounds, the fact that the courts are used by the school tennis program, other courts are available for the skaters use and the need for the formal association, non-profit status, insurance and supervision.

Mervin Nasby, 1601 W. Fountain, stated that his grandson is a skater and questioned who handles the insurance for the City’s ice rinks, Arena and other recreational programs.

The City Manager responded that the City can’t insure a skate park operated by an organization. The City must be involved in the design, construction and supervision of the program to obtain insurance.

Patrick Corrigan, 814 Frank Hall Drive, stated that he believes a skateboard park is a good idea and suggested that the group wait until next year to implement its program and spend the next few months preparing and getting the appropriate documentation taken care of before beginning the function.

Sue Blenka, 111 4^th Avenue North, appeared before the Council indicating that she does not oppose a skate park but that she objects as a tennis player to using the City’s courts.

Joshua VandeKamp, Rt. 1 – Box 105A, Hollandale, stated that he is unable to skate anywhere in Albert Lea. That he feels negative vibes from the Police Department and feels let down by the City.

Katie Ubl, 1610 Keystone, stated that the City is a great town but that the 17 to 20 year olds have nothing to do, that the City spends money on children and seniors and makes no attempt to provide for its 17 to 20 year olds.

Shane Golder, 1627 Oakhurst Road, stated that the tennis people could use the Morin Park courts.

Additional discussion included the fact that the City does have programs for all youth including softball, the Aquatic Center, the Arena and the fact that the Council is not opposed to a skate park but is suggesting that the group form a formal association, obtain non-profit status, provide insurance and proof of adequate supervision and the Council will work with the association to provide a location for a skate park.

Kathy Kammerer, 1405 Lakewood Avenue, stated that she is also a tennis player and that she is not opposed to a skate park but she is opposed to using the tennis courts by the Aquatic Center. The School District is not providing tennis courts at its new school and the Y has dismantled its courts leaving only the Southwest and Channelview courts for the tennis players in Albert Lea. She suggested that the Council consider all alternatives when deciding on a location for the skate park.

Mary Knutson, 549 Green Avenue, stated that her son roller blades and that she would like to meet with City staff to obtain information to form an appropriate association. City

Manager Sparks reported that he would be happy to meet with interested persons and that the association would need to have a board and by-laws and file for non-profit status through the State. Mr. Sparks also reported that he received a letter opposed to skate park use of active tennis courts.

Councilor Brooks stated that he does not want people to think the Council has a negative attitude and that he believes a workable solution can be found. He suggested that everyone take the time to put a program together.

Kathy Kammerer stated that she serves on the Y’s program committee and that she is sure the committee would be willing to talk to the group.

There was no formal action on this request.

Mayor Wangen stated that the City had received a request from Daniel Gilpin to waive the interest on assessments for a piece of property his family owns on South Broadway. The property is quite low and is not buildable in its present condition. The assessment was deferred because of the low elevation of the acreage and is currently rented out for crops. It is subject to periodic flooding and the staff feels that it is appropriate to waive the interest to permit the sale of the property.

After Council discussion, Councilor Brooks moved, Councilor Sorenson seconded, that Resolution 00-123, waiving the interest on deferred assessments for parcel 34-075-0260 in the amount of $6,086.27, 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

00-123 included with these minutes.)

REQUEST FOR NON-PROFIT LANDFILL RATE DENIED

Mayor Wangen stated that the City had received a request from the First Lutheran Church to permit them to dispose of demolition waste in the demolition landfill at the non-profit or governmental rate. He noted that the original intent of this special rate was developed and intended for use by government, quasi government and City projects. There was no provision for general non-profit organizations. He suggested that if the Council desires to authorize this use that a policy change would be in order to include other non-profit organizations interested in a similar situation.

Council discussion centered around the fact that other non-profit organizations haven’t asked for the request and the fact that there are hundreds of non-profit organizations that may request similar use.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that the request for non-profit landfill fee, be denied. On roll call vote, Councilors McPherson, Sorenson, Kron, Brooks and Wangen voted in favor of the motion with Councilor Amundson voting nay and Councilor Mathison abstaining. Mayor Wangen declared the motion carried and the request denied.

Mayor Wangen opened a public hearing on Ordinance 44, 3d which grants a natural gas distribution franchise to Freeborn-Mower Cooperative Services. The necessary notice for this hearing was published on June 30, 2000.

There was no public discussion. On roll call vote, all Councilors voted in favor of said Ordinance. Mayor Wangen declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 44, 3d

included with these minutes.)

City Manager Sparks explained that this resolution approves an Administrative Survey for the Combination and Division of Lots 1 and 2, Block 1, Community Development Plat No. 4 in the City’s Office Park. He noted that we are combining two pieces to form one lot which will be sold to Dr. John Enger for an office building.

After Council discussion, Councilor Sorenson moved, Councilor Mathison seconded, that Resolution 00-124, granting a division and consolidation for Lots 1 and 2, Block 1, Community Development Plat No. 4, 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

00-124 included with these minutes.)

City Manager Sparks reported that this resolution approves the bid of BMT Electric, Albert Lea, for electrical service to the three cold storage buildings being built at the City Garage site. He noted that the bid is in the amount of $6500.00 and he recommended award to BMT Electric.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 00-125, accepting the quote of BMT Electric, Albert Lea, in the amount of $6500.00 for electrical services to three cold storage buildings, 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

00-125 included with these minutes.)

RESOLUTION 00-126 ADOPTED – ACCEPTING BIDS

City Manager Sparks reported that the City recently opened bids for Jobs 9907 (the Paving of Wedgewood Road), Job 2004 (the Circle Drive Reconstruction), Job 2009 (Stevens Road

Bituminous Overlay) and Job 2011 (Construction of Three Cold Storage Buildings at the City Garage). He noted that he is recommending approval to the low bidder in each case: Crane Creek Construction, Inc., Owatonna, for Job 9907 in the amount of $61,399; Ulland Bros., Inc., Albert Lea, for Job 2004 in the amount of $85,904.45; Ulland Bros., Inc., Albert Lea, for Job 2009 in the amount of $53,021.90 and Broskoff Structures, Geneva, for Job 2011 in the amount of $124,182.00.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-126, accepting bids as recommended 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

00-126 included with these minutes.)

City Manager Sparks reported that the Engineering Department is seeking authorization to advertise for and accept bids for rebuilding the remaining three iron filters at the North Water Treatment Plant. He noted that this is a restoration of the plant and will bring the plant back to full operation. The Engineer’s estimate is $166,486.00 and the City will accept bids for the work to be prepared.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-127, authorizing the iron filter replacement for the North Water Treatment Plant, 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

00-127 included with these minutes.)

City Manager Sparks reported that this resolution authorizes the Public Works Department to proceed with digester cover replacement at the Wastewater Treatment Plant. This would replace the digester that was damaged this year due to a build up of gas in the system. The cover was so severely damaged that it is no longer useable and must be replaced before cold weather returns to the area. The covers keep the solids from cooling off and the digesting process from stopping. Mr. Sparks is recommending the City follow Option A of the Engineer’s recommendation using the existing gas mixing system at a total estimated cost of $452,000.00.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 00-128, authorizing the digester cover replacement at the Wastewater Treatment Plant, 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

00-128 included with these minutes.)

BAND FESTIVAL USE APPROVED

Mayor Wangen stated that he had received a request from the Chair of the Albert Lea Festival of Bands proposing a second High School Marching Band Festival for Sunday, June 17, 2001, at 2:00 P.M. in the downtown area. He noted that the request would be the same as followed for this year’s festival. The Council commented that some complaints were received regarding parking.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that the request of the Albert Lea Festival of Bands for its second High School Marching Band Festival on Sunday, June 17, 2001, at 2:00 P.M. in downtown Albert Lea, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the request granted.

REQUEST OF FREEBORN COUNTY DISCUSSED

Mayor Wangen stated that he had received a request from the Freeborn County Board of Commissioners in support of the County acting as the entity for the Shell Rock River Watershed District. He reviewed the various points included in the proposed agreement and noted that the agreement must be signed by the Freeborn County Board of Commissioners, the Freeborn County Soil and Water Conservation District Board of Supervisors, the Albert Lea City Council and the Minnesota Board of Water and Soil Resources Executive Director by September 30, 2000.

Council discussion centered around the need to further discuss the watershed and it was suggested that a workshop would be appropriate.

After Council discussion, it was determined that a workshop meeting to discuss the watershed district, the south water plant and the water tower be held on Thursday, July 20, at 5:30 P.M.

UNLISTED ITEMS

WARD ITEMS

Mayor Wangen stated that the Albert Lea Band placed fourth of 47 bands around the world in the Calgary competition and that the color guard took second place.

Fourth Ward, Councilor Sorenson:

a) Stated that there are problems with weeds in the 1800 block of Stevens between Stevens Road and Johnson Street.

Sixth Ward, Councilor Brooks:

a) Questioned whether the City has a noise ordinance. He has received comments from residents regarding loud music in cars.

City Attorney Schwab stated that the Police Department doesn’t have the equipment necessary to measure noise and therefore no noise ordinance is in effect.

PUBLIC ITEMS

Patrick Corrigan, 814 Frank Hall Drive, stated that he listens to his Police scanner in the evenings and that the Police get many calls on loud music. If the music is in a residence the Police Department goes out and talks to the individuals. He noted that the Police Department does well to monitor these noise complaints.

ADJOURNMENT – 9:01 P.M.

Councilor Amundson moved, Councilor Brooks 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 24th, 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 July 11, 2000.

________________________                                                     _____________________________

Secretary of the Council                                                                     Mayor