Albert Lea, MN                                                                                                                             April 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 MARCH 13, 2000.

(b) LICENSES AND BONDS APPROVED:

Sally Fadden, 602 Kirkava, dba Bagels & Beans, 152 Bridge Avenue

James Nelson, Faribault, dba Texaco Food Mart, 122 Bridge

Eugene Thompson on behalf of the Cloverleaf Lions for the Airport June 11

James Nelson, Faribault, dba Texaco Food Mart, 122 Bridge

Anthony and Kimberly Boncimino, Denver, CO, dba Motel 65, 1611 SE Broadway

Chad Meyer, dba Meyer Construction, Inc., 507 5^th Ave. NW, Austin

Jeff Fjelstad dba Aragon Bar for the Armory March 25, April 11 and April 15

Albert Lea Campus Foundation for the Armory March 25

Mira Davila, 1027 Abbott St., for the Arena April 22

Albert Lea Campus Foundation for the Armory March 25

(c) RESOLUTION 00-57 ADOPTED – APPROVING CONTRACT FOR ICE RENTAL: Resolution 00-57 approves a contract for ice rental with Roy Nystrom and Joe Dragich of Albert Lea Hockey Schools from July 15 to July 27, 2000, at a cost of $4900.00.

(See Secretary’s Original Resolution

00- 57 included with these minutes.)

(d) RESOLUTION 00-58 ADOPTED – AUTHORIZING EXECUTION OF GRANT AGREEMENTS: Resolution 00-58 authorizes the execution of grant agreements with the Minnesota Department of Natural Resources for the 1999-2001 Minnesota Relief Community Tree Planting Grant #A05913 in the amount of $2500.00 for shoreline plantings at Edgewater Park and Grant #A05912 in the amount of $1500.00 for tree planting at Hawthorne School.

(See Secretary’s Original Resolution

00- 58 included with these minutes.)

(e) RESOLUTION 00-59 ADOPTING – AFFIRMING CLAIMS PAYMENT: Resolution 00-59 affirms the payment of claims from the March 27, 2000, Council meeting which was cancelled due to lack of a quorum. It was necessary to pay these claims and the staff requested Council affirmation of that payment.

(See Secretary’s Original Resolution

00- 59 included with these minutes.)

(f) RESOLUTION 00-60 ADOPTED - CLAIMS: Resolution 00-60 presents the financial claims of the City.

(See Secretary's Original Resolution

00-60 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.

Mayor Wangen opened a public hearing for the approval of Tax Increment Financing District 5-11 and the use of tax increment financing for the planned North Industrial speculative building. The necessary notice for this hearing was published on March 27, 2000.

There was no public discussion. After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-61, approving Tax Increment Financing District 5-11 and the use of tax increment financing. 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

00-61 included with these minutes.)

PUBLIC HEARING FOR RECONSTRUCTION OF CIRCLE DRIVE

Mayor Wangen opened a public hearing for the reconstruction of Circle Drive (Job. 2004). The necessary notice for this hearing was published on March 19, 2000.

Merrill Mielke, 1402 Circle Drive, informed the Council that he hosted a neighborhood informational meeting attended by 13 of the 17 affected properties and that all were in favor of the project with 12 wanting to replace the sidewalk and one wanting to remove it. He stated that a number of the residents had replaced the sidewalk on their properties and questioned whether some consideration would be given to those individuals. He stated that he feels there is some inequity in the assessment spread.

Jim Schlichting, 1301 Circle Avenue, stated that his assessment is $3700.00 and feels that there is some inequity in the assessment spread. He noted that his garage exits on Wedge and he therefore does not use Circle Avenue or Circle Drive. He has talked with realtors who stated that they do not believe that benefits are received for improvements at the time of sale.

City Manager Sparks questioned whether Mr. Schlichting had a number or different method in mind. Mr. Schlichting stated that this is a unique circumstance in that the streets are on a peninsula and feels that the assessments should be split evenly among the property owners involved.

City Manager Sparks explained that a new hearing would need to be called if the Council intended to increase the assessment on the properties. He further stated that the assessment policy is a longstanding policy and feels that the properties are benefited. He noted that a 35 percent credit to the long side assessment for corner properties is extended. Mr. Schlichting stated that he would be willing to split the assessment equally.

Lloyd Schumaker, 1426 Circle Drive, stated that three people have driveways on Circle Drive with the remainder of the driveways entering from the backside of the property. He feels that this assessment is fair.

Councilor McPherson stated that he felt a "good faith" repair should be acknowledged and introduced a resolution using option one to include the sidewalk replacement with a 25 percent credit of the assessment for sidewalk for the four properties having installed new sidewalks. Councilor Amundson seconded the motion.

Council discussion centered around the meaning of the change as moved by Councilor McPherson and determined that a $2400.00 loss would occur with the credit for the sidewalks which were recently replaced.

City Manager Sparks stated that the Council could choose to apply the normal policy. If a sidewalk is ten years old or less the property could receive a 100 percent credit on the sidewalk replacement.

After additional Council discussion regarding the reductions and the assessment split options that the motion should be tabled for further consideration. Councilor Sorenson moved, Councilor Kron seconded, that the motion to approve the work using option one with street reconstruction, curb and sidewalk with the 25 percent reduction for replaced sidewalks, be tabled. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors McPherson and Brooks. Mayor Wangen declared the motion to table approved.

Mr. Mielke suggested that perhaps he could have another neighborhood meeting to come up with suggestions for the Council’s consideration.

Mike Moore, 1433 Circle Drive, stated his feeling that this is a necessary and worthwhile project and that his assessment is $1700.00 and he does not object to the increase, however, he did feel that if the Council decided to evenly assess the properties and at such time as the road behind these assessed properties was improved that they receive the same considerations.

After addition Council discussion, it was determined that the neighborhood would meet and discuss the issues and would report back to Councilor McPherson with their findings.

FAIR BOARD LOGO USE APPROVED

Mayor Wangen stated that the Freeborn County Fair Board has requested permission to use the City’s logo on its printed material.

Councilor Sorenson moved, Councilor Kron seconded, that permission to use the City’s logo for the Freeborn County Fair Board printed information, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the permission granted.

Mayor Wangen stated that as a part of the Fair Board’s request it is requesting a contribution of $3500 for financial assistance for the Freeborn County Fair.

Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-62, allocating $2500.00 to the Freeborn County Fair Board for advertising purposes, be approved.

Mike Woitas, 1617 Elm Street, stated that the Fair Board’s request for funds is in response to the money given to the Big Island Rendezvous and the Freeborn County Historical Museum. He noted that that donation opens the "flood gates" and suggested that if the Fair Board’s request is not granted that the Council establish criteria for spending the $10,000.00 available.

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

(See Secretary’s Original Resolution

00-62 included with these minutes.)

Mayor Wangen informed the Council that the City had received a request from the Festival of Bands Committee for a contribution of $1,000.00 towards support of its first annual Festival of Bands. The money would be used to defray the cost of advertising.

Councilor McPherson reminded the Fair Board and the Festival of Bands Committee that this is a one-time donation.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-63, allocating $1,000.00 to the Festival of Bands for financial support, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Mayor Wangen who voted nay. Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00-63 included with these minutes.)

REQUEST FOR YIELD SIGNS APPROVED

Mayor Wangen stated that the City had received a request from neighbors in the Sixth Street and Frank Avenue area that yield signs be placed at that intersection due to accidents that have occurred from failure to yield at that location.

Georges Denzene, 509 E. Sixth Street, appeared before the Council on behalf of Mary Oman, the individual who initiated the petition for the yield signs. He noted that the request has arisen due to the recent accident at that location on March 10^th. He noted that he has lived in this neighborhood for 44 years and that a number of accidents have occurred at that intersection. He stated that there is a hill at that intersection and a blind spot and that no yield signs are currently in place.

Council discussion centered around the fact that when the Frank Avenue construction occurs the City is looking at this street as a collector street and that it will be changing stop signs all the way up and down Frank Avenue.

After additional Council discussion, Councilor Brooks moved, Councilor Kron seconded, that the request for yield signs on Sixth Street at Frank Avenue, 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 FOR ANNEXATION DISCUSSED

City Manager Sparks explained that the City had received a request for annexation from Darv Habben for property he owns on the west end of Fountain Lake adjacent to Edgewater Bay. He is requesting annexation for the extension of utilities to that location.

City Manager Sparks suggested that the annexation run along Highway 13 to include all of the houses facing Edgewater Drive and the one house that faces Highway 13 at the corner of Edgewater Drive. He suggested that the Council may wish to authorize talks with the township in regard to this request.

After Council discussion, Councilor Amundson moved, Councilor Mathison seconded, that the City staff be authorized to begin discussions with the Albert Lea Township for the annexation of the Habben property and the properties on the north side of Edgewater Drive. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the talks authorized.

BOARD OF REVIEW MEETING SET FOR MAY 18

Mayor Wangen stated that the Freeborn County Assessor is suggesting that the Board of Review convene on Thursday, May 18, at 7:00 P.M. for the purpose of reviewing and correcting the assessments of City residents for 2000.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that the Board of Review meeting be scheduled for Thursday, May 18, 2000, at 7:00 P.M., in the City Center Council Chambers. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the Board of Review meeting set.

ORDINANCE 40, 3d INTRODUCED – AMENDING INTERSTATE DEVELOPMENT DISTRICT

Mayor Wangen stated that this Ordinance would amend the Interstate Development District zoning requirements relating to housing. Councilor McPherson introduced Ordinance 40, 3d. Ordinance 40, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 40, 3d included with these minutes.)

Mayor Wangen stated that this resolution approves the Preliminary Plat of Habben First Addition as reviewed and recommended by the Albert Lea Advisory Planning Commission. He noted that two conditions have been attached to this plat including a requirement that electrical, cable and telephone service line providers place facilities underground and that the dedication of parkland or payment of a fee in lieu of parkland may be waived.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-64, approving the Preliminary Plat of Habben First Addition, 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

00-64 included with these minutes.)

City Manager Sparks explained that this resolution accepts the low bid of Freeborn Contruction in the amount of $57,197.05 for 2000 Bituminous Paving Contract No. 1 (Job 9924 – Frank Hall Channel Area Project). He noted that this bid is well below the Engineer’s estimate and that he is recommending approval.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that Resolution 00-65, accepting the bid of Freeborn Construction in the amount of $57,197.05 for 2000 Bituminous Contract No. 1 (Job 9924), 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

00-65 included with these minutes.)

City Manager Sparks explained that this resolution approves the low bidder for the Wastewater Pump Station Improvements (Job 9902), Moorhead Construction of Moorhead, Minnesota. The Moorhead bid is in the amount of $321,700.00 and Moorhead failed to acknowledge an Addendum when they submitted their bid. We have requested and received an engineer’s estimate of value of the work that was covered by Addendum No. 3 and the estimate is $2,430.00. Under general bidding rules lack of acknowledgement of an Addendum does not mean that the low bidder can raise their bid. Generally the owner should assume that if the Addendum is not acknowledged that the bidder was not aware of it. The second low bidder has raised an objection to award to the low bidder because of this oversight. The City believes that this is an immaterial mistake and does not have any significance in the pricing of the total contract. Mr. Sparks therefore then recommended award of this bid to Moorhead Construction. He reminded the Council that it has ten days before the bids go stale and recommended that the Council waive the failure to acknowledge Addendum.

After Council discussion, Councilor Amundson moved, Councilor Sorenson seconded, that Resolution 00-66, accepting the bid of Moorhead Construction in the amount of $321,700.00 for Wastewater Pump Station Improvements (Job 9902) and waiving the bidder's failure to acknowledge the Addendum. 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

00-66 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the execution of a Minnesota Department of Transportation Grant Agreement for the removal of obstructions, trees and poles at the Albert Lea Municipal Airport. The estimated cost for removing the obstructions which includes cutting trees and burying power lines is $242,000.00 of which the City’s share would be $96,800.00. Under this agreement the State will pay the balance. He noted that the work is required to keep the Airport safe and free from hazards.

After Council discussion, Councilor Amundson moved, Councilor Mathison seconded, that Resolution 00-67, authorizing execution of Minnesota Department of Transportation Grant Agreement for Airport Improvement, 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

00-67 included with these minutes.)

City Manager Sparks explained that the City has received a request from Bruce Hagen to permit connection of his property at Lot 2, Block 1, Samaritan Subdivision on Hoeger Lane. Mr. Sparks informed the Council that the City should look at annexing the entire area and providing both sewer and water service to the subdivision. He noted that there are additional lots being planned as well as a church in that area and that from a utility planning standpoint that it makes no sense to try to serve a few properties when the cost of infrastructure should be spread throughout the subdivision. He noted that the residents along Hoeger Lane are opposed to annexation and that there are several properties in that area currently receiving water service. He also noted that if other requests for water are extended that the City would soon need to install a lift station. He noted that the Council has three options with regards to this area being as follows:

Option One: A large lift station and deep sewer to serve the church, the subdivision and the area south of the subdivision;

Option Two: Service to the church only with a small lift station; and

Option Three: Service to the church and subdivision with a small lift station.

Bruce Hagen, 1832 Bayview Drive, informed the Council that he currently owns both Lots 1 and 2 in Block 1 of Samaritan Subdivision and that he is currently building a home on Lot 2. He is only interested in extending water to this lot at this time.

Council discussion centered around the need for an annexation agreement with Mr. Hagen and he responded that there is no problem with signing an agreement for annexation. The Council also talked about a need to do a rational development in this area rather than going about the development in a piece meal fashion. The Council also expressed an interest in talking with the township about annexation.

Councilor Sorenson moved, Councilor Amundson seconded, that the City staff be given the direction to proceed with discussions for annexation with the township. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the discussions authorized.

After additional discussion, Councilor Amundson moved, Councilor Sorenson seconded, that Resolution 00-68, authorizing conditional extension of water service to the Bruce Hagen property at Lot 2, Block 1, Samaritan Subdivision, be authorized contingent upon an agreement for annexation. 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

00-68 included with these minutes.)

REQUEST FOR PAVING ON VIKING AVENUE DISCUSSED

City Manager Sparks explained that the City has received another request for paving on Viking Avenue. He noted that the problem encountered is that the project is expensive and will benefit very few properties. Only one property owner appears to be in support of this project with the majority opposed.

Councilor Brooks stated that he has talked with several property owners along Viking Avenue and that he has found the majority opposed. He did not get to talk with all of the residents and requested that this item be held over to permit that opportunity.

City Manager Sparks explained that this resolution approves a contract with the State of Minnesota Department of Transportation for the City share of construction cost for the East Main Street bridge replacement. He noted that the City’s share would be a total of $171,837.00 of which $115,588.00 would be paid for with State Aids. He further explained that the local share from the City would principally go towards the replacement of water lines that will be excavated during construction. This permits us to upgrade some of our water system which we try to do whenever there is construction in a given area.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-69, authorizing an agreement for City share of East Main Street bridge replacement including the use of City streets as an official detour during the construction, 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

00-69 included with these minutes.)

City Manager Sparks explained that the City has received correspondence relating to the gift and dedication of certain property intended for use as a public street from the owners of property abutting the proposed Campus Road.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-70, accepting the dedication of Campus Road, 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

00-70 included with these minutes.)

LOW BUCKS CAR CLUB REQUEST FOR CRUISE ROUTE APPROVAL REFERRED TO POLICE CHIEF

City Manager Sparks explained that the City had received a request from the Low Bucks Car Club for Council approval of the route for its car cruise during Eddie Cochran Weekend.

Cheryl Howard, Hollandale, appeared before the Council on behalf of the Low Bucks Car Club. She noted that she had talked with Chief Menning regarding this request and that he had indicated he would prefer the route turn onto Front Street rather than Main and had requested time to consider the request.

After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that the request be referred to the Police Chief with authorization to act. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the item referred.

UNLISTED ITEMS

Mayor Wangen recognized the Boy Scout troop in the audience and encouraged them to continue an interest in local government.

WARD ITEMS

Second Ward, Councilor McPherson:

a) Asked whether the staff had any response to his request for a bike rack in front of The Rock. City Manager Sparks stated that the City had tried a bike rack at this location in the past and that the numerous bikes blocked the sidewalk. Councilor McPherson stated that the bikes are currently piled on the sidewalk and that The Rock participants would prefer to view the bikes from the window inside the facility. Mr. Sparks noted that there may be a liability issue but that if The Rock agrees to monitor the bike rack that that may be an option. Councilor McPherson stated that he would talk with The Rock management.

ADJOURNMENT – 9:10 P.M.

Councilor Amundson moved, Councilor Sorenson 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, April 24, 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 April 11, 2000.

________________________                                            _____________________________

Secretary of the Council                                                         Mayor