Albert Lea, Minnesota

July 14, 2003

Pastor Glen Stevens, Crossroads Evangelical Free 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, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. 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 and the Albert Lea Tribune.

Nath Companies Incorporated d/b/a Burger King, Albert Lea

TEMPORARY LICENSES

FOOD/BEVERAGE

Albert Lea Jaycees for the Freeborn County Fair from July 28 through August 2, 2003

Dana Guildner, P. O. Box 159, Hollandale, for Fourth of July celebration on July 3 and 4, 2003

Destination Albert Lea, 522 Park Avenue, for Family Night at Farmers Market on July 16, 2003

Hollandale Christian School, 203 Central Avenue South, Hollandale, for the Freeborn County Fair from July 28 through August 2, 2003

Nick’s Meats & Grocery, Hayward, for the Freeborn County Fair from July 29 through August 3, 2003

Aragon Bar, 130 West College, for the Lea College Reunion Dance at the City Arena on July 12, 2003

Aragon Bar, 130 West College, for a wedding dance at the Freeborn County Fairgrounds on July 19, 2003

(c)  RESOLUTION 03-133 ADOPTED – REQUESTING MN DOT SPEED STUDY: Resolution 03-133 requests a MN DOT speed limit study on West Ninth Street from T.H. 69 to South Broadway.

(See Secretary’s Original Resolution 03-133 included with these minutes.)

(See Secretary's Original Resolution 03-134 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.

City Manager Sparks explained that the Festival of Bands coordinators have contacted the City for permission to conduct the fifth annual High School Marching Band Festival on Sunday, June 20, 2004 at 2 p.m. in downtown Albert Lea. He noted that the Minnesota Department of Transportation had already approved the closing of streets for the event.

Councilor Kron moved, Councilor Marin seconded, that the request to hold the 2004 Festival of Bands event in Albert Lea, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the event authorized.

City Manager Sparks reported that he had received a letter from the Eagles Club requesting permission to use the City parking lot west of the clubroom on July 26 for a Make A Wish event called Cruising for Kids.

Councilor Erdman moved, Councilor Amundson seconded, that the request of the Eagles Club to use the City parking lot on July 26 be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the use authorized.

City Manager Sparks informed the Council that the Community Mentor Connection has requested permission to conduct its lake cleanup service project again this year. They are requesting permission to go ahead with garbage collection and upon completion deposit the collected garbage at the Transfer Station. The cleanup will occur on Wednesday, July 16, between 4 p.m. and 6 p.m.

Councilor Marin moved, Councilor Brooks seconded, that the request of the Community Mentor Connection for a lake cleanup project be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the project authorized.

City Manager Sparks noted that he has met with three local individuals who are interested in the renovation of the Freeborn Bank Building. The individuals have requested that the City enter into a Letter of Intent. The authorization for a Letter of Intent will permit staff to negotiate terms of any formal proposal to be presented to the City Council.

Discussion included a need to bring the formal proposal back to the City Council for final approval and a question regarding the term of the Letter of Intent. City Manager Sparks responded that the final approval would come back to the Council and that the Letter of Intent would be for a four month period between August and November, 2003.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that a Letter of Intent with Scott Knutson, Tom Throlson and Greg Jensen for the Freeborn Bank Building Redevelopment be authorized. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the letter authorized.

City Manager Sparks explained that this is a public hearing for Ordinance 66, 3d, which authorizes the 2 a.m. bar closing license and the brew pub off-sale malt liquor license recently approved by the State of Minnesota. The applications will be made directly to the State and any fees connected with the license application will go directly to the State.

Rachel Christensen, 1126 Shore Acres Drive, appeared on behalf of the Green Mill Restaurant and Brew Pub. She explained that six different beers are being created and that the beers will be offered for off sale under terms of this law. She is asking that this ordinance be enacted.

On roll call vote, all Councilors voted in favor of Ordinance 66, 3d, with the exception of Councilor Marin who voted nay. Mayor Eaton declared the motion carried and the ordinance enacted.

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

City Manager Sparks requested that no action be taken on this ordinance to permit further study and discussion. He explained that this ordinance is for the purpose of allowing diversified uses in the B-2 zone. He has concerns about providing for mixed uses in a B-2 zone and whether or not it will be compatible with adjoining properties.

No action was taken on this proposed ordinance.

City Manager Sparks reported that this Councilor Erdman had requested that this item be placed back on the agenda. Councilor Erdman was a member of the voting majority declining to proceed with the study and therefore has the procedural capability of asking for it to be reconsidered. He also noted that the cost of the study is anticipated to be $25,000 and that the item is included in the 2003 budget.

Councilor Erdman explained that he voted against the study because it was to be based on one location. He wants the consultant to look at four sites. He noted that the workshop meeting with the Library Advisory Board was very informative.

Councilor Erdman moved, Councilor Kron seconded, that Resolution 03-135, authorizing the library feasibility study with a provision that the consultant look at four sites, be approved.

Councilor Marin requested that the motion be amended to include four specific sites. He also noted that he has received numerous comments from his constituents in opposition to this study at this time. He believes the timing is wrong and suggested that the Council reconsider this study in the next budget year. He also feels that incomes are declining and taxes are increasing.

Lyle Hinz, 614 West Richway Drive, told the Council that he believes a library is essential to a community but that adequate parking must be a part of the plan.

Councilor Brooks also commented that the workshop was very informative and that the community needs to move forward but that he believes the Council should hold off on the study until after January 1, 2004.

Councilor Fjelstad explained that the City probably needs a new library but he believes there are more important items needing the Council’s attention before it tackles the library issue. He feels that if the new library is five to six years away that doing the study at this time will do no good.

Roger Lonning, Albert Lea, commented that the resolution authorizes a feasibility study with four sites and does not include construction. City Manager Sparks responded that it is necessary to determine special features for each space, adequate size, adjacencies and anticipated collection capacities in the predesign phase.

Harlan Bang, 417 Ridge Road, thanked the Council for its effort and the time spent on this issue. He has heard that the time is not right but reminded the Council that time doesn’t ripen but peoples’ ideas do.

Katherine Ubl, 1610 Keystone Drive, commented that the library is very important to the community and that she is interested in seeing this study approved.

After additional discussion and on roll call vote, Councilors Amundson, Erdman, Kron and Mayor Eaton voted in favor of said motion. Councilors Marin, Fjelstad and Brooks voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-135 included with these minutes.)

City Manager Sparks explained that the City has received complaints of standing water in driveways on Green Lea Lane and noted that the standing water is caused by sump pump drainage. He explained that the Engineering Department is recommending connecting the sump pump drains to the City drain tile at a cost of $600 which would eliminate most of the problem. He also asked whether the Council desired to charge the property owner for the hook up or pay the cost with City funds.

Councilor Amundson commented that the homeowner has followed the law and that the water is settling in the neighbor’s driveway. City Engineer Olson noted that the curb and gutter hasn’t sunk but that the driveway aprons have sunk causing the water to pool in that area.

After additional discussion, Councilor Amundson moved, Councilor Erdman seconded, that Resolution 03-136, authorizing the $600 repair to the sump pump drainage problem at City cost, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Kron who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-136 included with these minutes.)

City Manager Sparks reported that this resolution authorizes the acquisition through condemnation of the parking lot adjacent to the Hansen Building. He noted that this is a necessary part of the Freeborn Bank Building redevelopment project.

Timothy Miller, 126 East William, told the Council that he manages the Hansen Building and the parking lot. He currently has 20 stalls with four available. He requested that stalls be made available for the residents of the Hansen Building. City Manager Sparks told Mr. Miller that he would work with him on this issue.

Russell Anderson, 1104 Marie Avenue, thanked the Council for not demolishing the Hansen Building noting that they are paying $4700 this year in real estate taxes.

Robert Diaz, 130 East William, didn’t feel that it is necessary to acquire the parking lot at this time. He feels the Council should wait to see if the bank development occurs.

After Council discussion, Councilor Kron moved, Councilor Fjelstad seconded, that Resolution 03-137, authorizing acquisition by condemnation of the Hansen Building parking lot, 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 03-137 included with these minutes.)

City Manager Sparks stated that this resolution authorizes the creation of a sewer and water replacement access fee in redevelopment projects. This would be the same fee as we have authorized for newly development areas; $0.06 per square foot for sewer and $0.045 per square foot for water. He explained that we are undertaking this to generate funds for the eventual replacement of service systems that may not be directly assessed in redevelopment areas.

After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 03-138, authorizing the creation of sewer and water replacement fees for redevelopment projects, 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 03-138 included with these minutes.)

City Manager Sparks noted that this resolution waives the sewer and water replacement fees for the Lea Center redevelopment project.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-139, waiving sewer and water replacement assessment for the Lea Center project, 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 03-139 included with these minutes.)

City Manager Sparks told the Council that as a part of the Metro Plains application for redevelopment of the Lea Center Building, it is necessary to submit letters of support for the project in keeping with our intent and past support for their efforts.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that Resolution 03-140, authorizing letters of support for the Metro Plains application for the Lea Center Redevelopment Project, 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 03-140 included with these minutes.)

City Manager Sparks reported that the City has received numerous telephone calls as well as a petition in opposition to the changes made by the City Council to the Fountain Street area.

Council discussion centered around the intent of the parking changes and proposed the following changes to the current plan:

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that changes to the Fountain Street parking restrictions as outlined above, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Sparks informed the Council that this resolution authorizes the expenditure of $25,000 for removal of the drawing beds and eliminating the main pumping station storage area by City crews.

After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that Resolution 03-141, authorizing $25,000 from the Council budget for changes to the main pumping station storage area, 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 03-141 included with these minutes.)

City Manager Sparks noted that the City has accepted bids for reproofing projects at the Wastewater Treatment Plant (Job 0233) and the low bidder was Hill Roofing and Sheet Metal Works, Austin, at a cost of $71,990.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that the bid of Hill Roofing for Job 0233 at a total cost of $71,990, 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 03-142 included with these minutes.)

City Manager Sparks reported that the Chamber of Commerce is requesting that the City provide financial support for the Strategic Planning Process to be entered into by the community. He suggested that the project be financed from the Revolving Loan Fund and the $5000 balance of the Wal-Mart grant to the City for economic development. He noted that funding provided for the process would then be given back to the City to reimburse its initial outlay.

Steven Waldoff, 77444 180^th Street, requested Council financial support in the amount of $40,000 to the process.

Tony Trow, 522 Park Avenue, explained that he is excited about this process and believes that the money coming in should not be used to repay the Revolving Fund. Mr. Sparks responded that the City must include a mechanism for repayment of the funds.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 03-143, authorizing financial support for the Strategic Planning Process, be approved. Mayor Eaton added that the process will be called Albert Lea Listens. 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 03-142 included with these minutes.)

City Manager Sparks explained that Councilor Marin has requested use of the North Broadway parking lot for a Christian band concert on August 17 from 7 p.m. to 9 p.m.

Councilor Erdman moved, Councilor Brooks seconded, that the use of the North Broadway parking lot for the concert on August 17 be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the use authorized.

Mayor Eaton:

(a)  Commended Rick Ashling and Steve Jahnke for receiving recognition from the Minnesota Pollution Control Agency for their work on our pre-treatment program.

(b)  Commended the Fire Department for raising more money for MDA than any other City around, including Rochester, during the 4^th of July parade.

(c)  Thanked everyone involved in Safety Day.

(d)  Reminded everyone of the first Celebrate Albert Lea event scheduled for August 29 and 30.

First Ward, Councilor Amundson:

(a)  Reported that there is congestion in the Greenwood Avenue and Richway Drive area when a soccer game is being played at the school field. He requested yellow curbing in the area to provide more visibility at that intersection.

Second Ward, Councilor Erdman:

(a)  Commended the City administration and the former Council for the work done on the demolition at the Farmland site.

(b)  Reported on complaints about the dog at 415 West Clark Street running loose and causing problems in the neighborhood.

Fourth Ward, Councilor Fjelstad:

(a)  Noted that the Moose Club had contacted him regarding the closing of Lake Avenue from Main Court south for a charity auction on Saturday, July 19, 2003. Councilor Fjelstad moved, Councilor Marin seconded, to approve this closure. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the closing authorized.

Fifth Ward, Councilor Kron:

(a)  Asked why no signs have been posted renaming Fountain Lake Park as Marv Wangen Park.

(b)  Noted that people are receiving tickets for overtime parking near the courthouse.

Councilor Amundson 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, July 28, 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 July 15, 2003.

_/S/ Sandi Behrens________________________               _/S/ Jean Eaton_________________________

Secretary of the Council                                                             Mayor