Albert Lea, MN                                                                                                                     September 11, 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 David McPherson, Donald Mathison, Ron Sorenson, Mary Kron, Al Brooks and Mayor Marvin Wangen. Absent was Councilor Warren Amundson. Also present were City Manager Paul Sparks, Public Works Director David Olson, City Attorney Steven Schwab, Acting Council Secretary Pat Johnson and representatives from KATE Radio and the Albert Lea Tribune.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF AUGUST 28, 2000.

(b) RESOLUTION 00-162 APPROVED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 00-162 approves a Minnesota Lawful Gambling Premises Permit Application for the Albert Lea Amateur Hockey Association to conduct operations at Budget Host Hotel/Andy’s Roadhouse, 2301 E. Main Street.

(See Secretary’s Original Resolution

00- 162 included with these minutes.)

(c) LICENSES AND BONDS APPROVED:

Linda Adams, 2403 Ethel, for Fountain Lake Park on September 15

Mary and Annie Aldaco, 110 Lake Avenue, for Fountain Lake Park on September 15

(d) RESOLUTION 00-163 APPROVED – CALLING A HEARING FOR WEDGEWOOD ASSESSMENT: Resolution 00-163 calls a public hearing for September 25, 2000, at 7:30 P.M., for the improvement of Wedgewood Road from West Main Street to T.H.13 by bituminous overlay at a total assessable cost of $15,172.42.

(See Secretary’s Original Resolution

00- 163 included with these minutes.)

(e) RESOLUTION 00-164 ADOPTED - CLAIMS: Resolution 00-164 presents the financial claims of the City.

(See Secretary's Original Resolution

00-164 included with these minutes.)

Councilor Mathison 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.

PUBLIC INPUT HEARING FOR YEAR 2001 BUDGET

Mayor Wangen opened a public hearing on the proposed 2001 Budget. The necessary notice for this hearing was published on August 29, 2000.

Mayor Wangen explained the purpose of this hearing is to take public input with regard to the City’s 2001 Budget. The total budget increased by three percent, the general fund by 2.4 percent and the utility funds by a slightly higher percentage due to repair and replacement of capital structure.

With no one appearing to be heard, Mayor Wangen closed the public hearing.

Mayor Wangen opened a public hearing on the improvement of Rowe Lane between Hills Lane and Pilot Street (Job 2022) at an estimated cost of $35,500.00. The necessary notice for this hearing was published on August 21, 2000. There was no public appearance.

Councilor Sorenson moved, Councilor Mathison seconded, that Resolution 00-165 ordering the improvement and preparation of plans for Job 2022, construction of concrete curb and gutter and bituminous surfacing on Rowe Lane between Hills Lane and Pilot Street, at an estimated cost of $35,500.00, 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

00-165 included with these minutes.)

TRANSFER OF LIQUOR DEPOT OFF-SALE INTOXICATING LIQUOR LICENSE – PUBLIC HEARING

Mayor Wangen opened a public hearing on the application for the transfer of the Off-Sale Intoxicating Liquor License for the Liquor Depot at 606 S. Broadway, from G & M Enterprises, Inc. to D & M Evans Enterprises, LLC. The necessary notice for this hearing was published on August 29, 2000.

There was no public discussion. Councilor Kron moved, Councilor Brooks seconded, that the transfer of the off-sale intoxicating liquor license for the Liquor Depot, 606 S. Broadway, from G & M Enterprises, Inc. to D & M Evans, Enterprises, LLC, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried, the transfer authorized and the public hearing closed.

PRIMARY ELECTION CANVASS SET FOR SEPTEMBER 13

Mayor Wangen stated that it is necessary for the City Council to convene for the purpose of canvassing the 2000 primary election. Mayor Wangen is suggesting Wednesday, September 13, 2000, at 9:30 A.M. for the canvass.

After council discussion, Councilor McPherson moved, Councilor Brooks seconded, that the City Council meet to canvass the primary election on September 13, 2000, at 9:30 A.M. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the date established.

CONDITIONAL USE PERMIT DENIED

Mayor Wangen stated the City had received a request from Jesus Christ Latter Day Saints for a conditional use permit to construct a church at Bay Oaks Drive and Sundance Lane. The Planning Commission and is recommending that the request be denied at this time. The City is under a 60-day time limit to approve or deny the request and at this time the Planning Commission feels there are certain issues which remain unresolved. Mayor Wangen stated this does not mean that a permit could not be approved at later date.

Councilor McPherson reported he had attending the Planning Commission meeting and the concerns raised included no specific plan for the landscaping or green space and also neighborhood concerns regarding the north driveway onto Bay Oaks Drive.

Ken Moen, Rochester, counsel for the Church of Latter Day Saints, appeared before the Council stating there were several individuals in the audience representing the Church who would like to address the Council regarding concerns raised by the Planning Commission.

David Kane, Rochester, architect for the project appeared before the Council displaying a number of drawings of the proposed site. Discussion included storm water management, traffic circulation, proposed exits on Sundance and Bay Oaks Drive, green space, screening, opacity, signage, lighting, distance to surrounding residences and construction materials to be used. Mr. Kane stated the church is willing to work with the City regarding landscaping and ingress and egress concerns. He reported the proposed structure is designed using quality materials and will be a well constructed building using neutral, light earth tones. He reported the building will be constructed in two phases, the first phase will face T.H.13 and the addition in the second phase will face the east. Mr. Kane reported the proposed building does meet all City requirements regarding parking criteria, height and setbacks limitations.

Mayor Wangen expresses his belief that the main objection is the second exit onto Bay Oaks Drive and the fact that there is no specific plan available at this time for the Council to approve.

Steve Kurth, Albert Lea, President of the Church of Latter Day Saints, stated he is a local realtor and related that in his experience new church construction does not devalue surrounding properties.

Steve Walbruck, Rochester, facility manager, reported he manages 30 facilities and they do not have problems with loitering in the parking lot or "cruising" issues. They discourage this behavior because it is a safety issue and a liability for the property owners.

Ken Moen stated his belief that the City is seeking a formal site plan which is not required by City ordinance for approval of a conditional use permit. He presented the Council with a list of eight criteria normally required for CUP approval and expressed his belief that they have met those requirements. (A copy of this document is on file in the City Clerk’s Office.) He reported they had visited six other churches in Albert Lea located in residential areas and five of those six churches have access from two different streets.

After additional discussion, Councilor Mathison moved, Councilor Kron seconded, that the application for a conditional use permit for construction of a church for the Latter Day Saints off Sundance Road, be denied. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Brooks who voted nay. Mayor Wangen declared the motion carried and the request denied.

DELEGATE TO NLC CONFERENCE NAMED

Mayor Wangen announced that Councilor Mathison has agreed to attend the National League of Cities’ Annual Business Meeting as the City delegate in Boston, Massachusetts, December 5-9, 2000.

Councilor Sorenson moved, Councilor McPherson seconded, that Councilor Mathison be named the City’s delegate to the National League of Cities Congress of Cities in Boston December 5-9, 2000. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Mathison who abstained. Mayor Wangen declared the motion carried and the delegate appointed.

City Manager Sparks stated the City has received a request from the Albert Lea Skate Park Association for formal acknowledgement and commitment of the Beach tennis courts for a Skate Park. Mr. Sparks stated if the Council approves this request, he is recommending repairs to the surface of the courts and installation of fencing around the parameter to secure the area. In checking insurance costs, there appears to be two types of Skate Parks. A Tier-I Park is limited to three-foot high jumps and does not require additional insurance or supervision. A Tier-II Park does require supervision, fencing and additional insurance. Mr. Sparks stated the only skate park standards that exist at this time are those provided by the companies manufacturing the jumps which carry product liability insurance.

Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 00-166, authorizing City staff to enter into a one-year agreement with the Albert Lea Skate Park Association wherein the City will provide the Beach tennis courts, will provide a smooth surfacing and will erect fencing to secure the area and the Skate Park Association will provide supervision, insurance and will purchase only commercially manufactured jumps.

Rod Farr, 216 E. Main, appeared before the Council stating he owns property adjacent to the parking lot by the Beach tennis courts and he objected to the Skate Park at this location. He is in the process of construction townhouses on his property and feels this activity would devalue the neighborhood.

Patrick Corrigan, 814 Frank Hall Drive, expressed his support for the Skate Park at that location.

Stan Sevaldson, 333 2^nd Street, on behalf of the Albert Lea Skate Park Association, appeared requesting approval and stated they had researched skate parks and equipment and indicated their intention to purchase jumps made by Tru-Ride Ramps which are made of good quality exterior materials.

Keith Porter, Jr., 608 5^th Street, appeared in support of the Skate Park stating if residents of the new townhouses wanted to be secluded from activities at the Beach they should not have cut down the trees buffering them from the Beach.

After additional discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who abstained. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

00-166 included with these minutes.)

City Manager Sparks stated this resolution sets the date for the sale of revolving fund bonds to replenish the Revolving Fund Construction Account. Mr. Sparks is recommending a total bond issue of $2,315,000.00 which would also refinance an older bond in the amount of $575,000.00 saving the City $29,600.00 in interest.

Councilor Kron moved, Councilor Brooks seconded, that Resolution 00-167, establishing October 23, 2000, as the date for the sale of revolving fund bonds in the amount of $2,315,000.00 to replenish the Revolving Fund Construction Account including the refinancing of a $575,000.00 older bond, 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

00-167 included with these minutes.)

City Manager Sparks stated he is recommending the Council establish the maximum tax levy for 2001 at $2,104,150.00. This figure can be decreased at a later date but cannot be increased.

Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-168, establishing the proposed tax levy for 2001 at $2,104,150.00, 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

00-168 included with these minutes.)

City Manager Sparks stated he is recommending the establishment of three dates for Truth-in-Taxation hearings for the City’s 2001 Annual Budget. Those dates are as follows: Initial Hearing December 4^th at 7:00 P.M.; Continuation Hearing, if required, December 11^th at 7:00 P.M. and the Hearing Subsequent December 11^th at 7:30 P.M.

Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-169, setting the Truth-In-Taxation hearing dates 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

00-169 included with these minutes.)

City Manager Sparks reported the City had accepted bids for 2000 Watermain Contract No. 1 (Job 2021), watermain repair from Myers Road to 17^th Street. Mr. Sparks is recommending the low bidder, Freeborn Construction, in the amount of $11,264.70.

Councilor Brooks moved, Councilor Kron seconded, that the bid of Freeborn Construction in the amount of $11,264.70 for 2000 Watermain Contract No. 1 (Job 2021), 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

00-170 included with these minutes.)

City Manager Sparks stated this resolution approves payment of the assessment for paving the alley in the Northside Redevelopment District. This alley will serve a number of properties in the area and he is recommending payment of the assessment from TIF proceeds in the amount of $10,350.00.

Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-171, approving the payment of the alley assessment for the Northside Redevelopment District in the amount of $10,350.00 from TIF proceeds, 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

00-171 included with these minutes.)

City Manager Sparks stated there are funds available to do further improvements to the Northside Redevelopment Area. He is recommending the installation of decorative lighting similar to that used in New Denmark Park. This resolution would authorize City staff to develop a lighting plan for the Northside Redevelopment Area.

Councilor McPherson requested that the Wilson Street area along the Channel be included in the redevelopment plan.

Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-172, authorizing the development of a lighting plan for the Northside Redevelopment Area including the Channel along Wilson Street, 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

00-172 included with these minutes.)

City Manager Sparks stated this resolution approves a contract with Zenk, Read, Trygstad & Associates with a not-to-exceed fee of $29,000.00, for engineering services for a water tower in the northeast area of the City.

Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-173, approving a contract with Zenk, Read, Trygstad & Associates with a not-to-exceed fee of $29,000.00 for engineer services for a water tower to be located in the northeast area of the City, 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

00-173 included with these minutes.)

City Manager Sparks reported the City had accepted bids for the reconstruction of the north water plant subterranean filter system on September 6, 2000. Mr. Sparks is recommending the low bidder, Moorhead Construction, Inc., in the amount of $75,176.00.

After additional discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-174, accepting the bid of Moorhead Construction, Inc., in the amount of $75,176.00, for reconstruction of the north water plant subterranean filter system, 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

00-174 included with these minutes.)

City Manager Sparks stated that the City had received a communication from the Robert J. Lickteig estate indicating their willingness to sell Albert Lea Airport Hangar No. 7 to the City for the total purchase price of $10,000.00. Mr. Sparks is recommending approval of the purchase.

Councilor Mathison moved, Councilor Sorenson seconded, that Resolution 00-175, authorizing the purchase of the Albert Lea Airport Hangar No. 7 from the Lichteig Estate for the total sum of $10,000.00, 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

00-175 included with these minutes.)

UNLISTED ITEMS

Mayor Wangen:

a) Expressed his gratitude to the public for the well wishes he received during his recent hospitalization and thanked the Albert Lea and Rochester Medical Centers for the excellent care he received.

b) Reminded the public of the local Mexican Independence Day Celebration to be held September 15^th from 11:00 A.M. to 7:00 P.M. at Fountain Lake Park.

WARD ITEMS

Ward II, Councilor McPherson:

a) Stated he was glad to have the Mayor back.

Ward VI, Councilor Brooks:

a) Reported he had been contacted by a resident on Viking Avenue who requested bituminous surfacing of Viking Avenue. Councilor Brooks made a motion for hard surfacing of Viking Avenue. The motion died for lack of a second.

ADJOURNMENT – 9:04 P.M.

Councilor Mathison 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, September 25, 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 September 12, 2000.

________________________                                                            _____________________________

Acting Secretary of the Council                                                              Mayor