Albert Lea, MN                                                                                                                 May 8, 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, Albert Lea Tribune and KAAL-TV.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 24, 2000.

(b) LICENSES AND BONDS APPROVED:

Quent Michael Jepson, 521 1^st Ave., Glenville

Linda Adams, 2403 Ethel Ave., for 204 Fountain St. for May 5

(C) RESOLUTION 00-81 ADOPTED - CLAIMS: Resolution 00-81 presents the financial claims of the City.

(See Secretary's Original Resolution

00-81 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 stated that the City had received a request from Philly’s Bar and Grill for permission to place temporary directional signs to the businesses located along East Main Street affected by the Minnesota Department of Transportation bridge project. He noted that the engineer has suggested placement of a temporary six foot by six foot sign on the north side of Front Street to accommodate all affected businesses by the traffic alteration.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 00-82, approving the placement of a temporary six foot by six foot sign on the

north side of Front Street to accommodate businesses affected by the alteration in traffic on East Main Street during the construction period, 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

00-82 included with these minutes.)

ORDINANCE 41, 3d ENACTED – TOBACCO CONTROL – PUBLIC HEARING

Mayor Wangen opened a public hearing on Ordinance 41, 3d enacting a new City Code Article II relating to tobacco control regulations. The necessary notice for this hearing was published on April 28, 2000.

There was no public discussion. 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 Ordinance 41, 3d

included with these minutes.)

CABLE RATE INCREASE NOTIFICATION RECEIVED

Mayor Wangen stated that the City had received a notification of a cable rate increase by Charter Communications. The company is adding a number of stations to its system and the rate increase will go into effect on June 5, 2000. He further stated that the cable company intends to offer high speed internet connection as a separate service with a separate charge which is not regulated by local, state or federal law. The high speed internet access will be a dramatic improvement in the speed and quality of internet service that will be available to Albert Lea residents. The new price for basis service will change from $11.95 to $13.00 per month and the new price for the variety package plus expanded basis service will change from $15.90 to $18.98 per month.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that the Charter Communications channels additions, system update and price increase notification be accepted and filed. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the notification acknowledged.

City Manager Sparks explained that the Engineering Department is recommending the removal of parking on Front Street during the Minnesota Department of Transportation’s construction project on East Main. He noted the additional traffic that will be diverted to Garfield and Front Street will be such that on street parking will create hazards. He recommended parking be removed from South Broadway to East Main.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-83, removing parking on Garfield Avenue and Front Street from South Broadway to East Main Street and that a two stall length of curb along the west side of Newton Avenue in the southwest corner of the intersection of Newton and Front be

designated as "no parking", 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

00-83 included with these minutes.)

City Manager Sparks explained that the Engineering Department has provided the City Council with an engineering report on the feasibility of doing repairs on Stevens Street.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-84, calling a hearing for Stevens Street Surface Improvement (Job 2009) at an estimated cost of $66,000, be called for June 12, 2000. 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

00-84 included with these minutes.)

City Manager Sparks explained that this resolution authorizes a contract with Minnesota Festival Theatre for the rental of the Civic Theatre for its 2000 season between May 31 and July 31, 2000 at a cost of $3400.

Councilor Sorenson moved, Councilor McPherson seconded, that Resolution 00-85, authorizing a contract with Minnesota Festival Theatre as outlined 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

00-85 included with these minutes.)

City Manager Sparks explained that when Bridgeport Third Subdivision was platted an easement was dedicated to the City for utilities. The City has no intention of installing utilities in the easement area and staff is recommending Council approval of the vacation of the utility easement between Lots 5 and 6, Block 2, Bridgeport Third Subdivision for the Hi-Tec Metal Group, Inc. Mr. Sparks further explained that a driveway existed to a farm house formerly located in the area and now owned by the City of Albert Lea. He is suggesting that the Council eliminate the driveway running through what is now Lots 1 and 3 of Block 2, Bridgeport Third Subdivision. He explained that this driveway elimination could be authorized by the execution of a Quit Claim Deed.

After Council discussion, Councilor Mathison moved, Councilor Amundson seconded, that Resolution 00-86, vacating a utility easement between Lots 5 and 6, Block 2, Bridgeport Third Subdivision and authorizing the Mayor and City Manager to sign a Quit Claim Deed for Lots 1 and 3, Block 2, Bridgeport Third Subdivision, 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

00-86 included with these minutes.)

CVB REQUESTS GRANTED

Mayor Wangen stated that the City Council had received a request from the Albert Lea Convention and Visitor’s Bureau for permission to hold its second annual Doc Evans Jazz Festival at the Fountain Lake Park on North Broadway on July 1, 2000, from 11 A.M. to 5 P.M. He noted that the CVB is also seeking permission to close off West Avenue between Clark and Water Streets to host an ice cream social in Central Park on August 12. He also noted that the CVB is requesting permission to hold the Doc Evans Jazz Festival concert every first Saturday in July starting in 2001. The communication from the CVB also indicates that the CVB will be hosting a community picnic at Bancroft Bay Park on August 13.

After Council discussion, Councilor McPherson moved, Councilor Kron seconded, that the Albert Lea CVB be granted permission to hold its second annual Doc Evans Jazz Festival at Fountain Lake Park on July 1 from 11:00 A.M. to 5 P.M. and permission to close West Avenue from Clark Street to Water Street on August 12, for an all class reunion ice cream social in Central Park. After additional discussion relating to the CVB’s request for continuous permission to hold future Jazz Festivals every first Saturday in July and the Council's desire to require an annual request, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the events authorized.

UNLISTED ITEMS

WARD ITEMS

Fifth Ward, Councilor Kron:

a) Noted that the property on Stevens Road still has a pile of pallets and a flatbed truck parked on it.

b) Stated that the owners of property adjacent to an alley between St. Thomas and Columbus be opened to Eberhart. She noted that the individuals are hoping to enter their property from Eberhart. City Manager Sparks stated that the City would have to check for a vacation of that alley. Councilor Kron questioned whether the City would assess for the improvement and Mr. Sparks responded that we would assess the properties for any improvement.

Sixth Ward, Councilor Brooks:

a) Stated that he has received calls from residents on Margaretha concerned with the looks of the Trailer Park. Some trailers are being moved off the site and leaving debris behind, windows are broken out. City Manager Sparks will speak with the Inspection Department and report back.

b) Stated that he had received requests from residents that Memorial Park Playground equipment be replaced noting that the equipment is getting old and unsafe. Mr. Sparks stated that staff would take a look at the equipment.

PUBLIC ITEMS

Mike Moore, 1433 Circle Drive, requested an update on the street project for Circle Drive.

Mr. Sparks stated that the staff has not heard results from the meeting held after the April 10 Council meeting. Mr. Moore stated that the neighbors met and discussed an evenly split assessment for the properties. There was no interest in this split but the residents were all in favor of the improvement with the exception of the corner property owners due to the high assessments. He noted that the repairs are necessary because the area is becoming an eye sore and stated that there is no reason for any delay. Cars are experiencing popped tires from sharp curbing.

Mr. Moore also questioned whether there would always be access into the area during the project. City Engineer Olson stated that the City always attempts to keep the area open at least partially for the local residents. Mr. Moore questioned the time table for the project from start to finish and Mr. Olson responded that the project would take about one and one-half months.

Councilor Sorenson moved, Councilor Kron seconded, that the previous motion from the April 10 meeting be removed from the Council table. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried.

City Manager Sparks informed the Council that he expected appeals would be forthcoming with the final adoption of assessments but that the Council does have a mechanism of dealing with the possibility of appeals. He stated that the City could advertise for bids, set a bid date with a clause that the City requires 60 days before contract award (signing). We could then notice the residents of the exact amount based on the contract and hold the final hearing before the contract is signed. This would provide for the 30 day appeal process to lapse. If the Council receives no appeals it can authorize the signing of the contract. If they do receive appeals the contract could remain unsigned and the project cancelled. This is the only legal way of dealing with the potential for appeals. It gives the Council the option of dropping the project if there are significant appeals.

Council discussion centered around the possibility of appeals and the process to deal with appeals if we follow the normal process of assessing following completion of the project. The Council also discussed the fact that the City would be responsible for the cost of the appraisals per appellant which could probably be greater than the assessment on some of the properties involved in the project. The Council also considered the fact that the bids could come in higher knowing that the project may not proceed and that it would probably need to occur next year.

Mr. Moore then appeared before the City Council stating that one or two people are holding the neighborhood hostage and that rather than not have the project done at all he would prefer the Council wait until next year. The Council then moved to vote on the previous motion from the April 10 meeting which authorized approval of the work using Option No. 1 with street reconstruction, curb and sidewalk with the 25 percent reduction for replaced sidewalks. Councilors McPherson and Mathison voted in favor of the project with Councilors Amundson, Sorenson, Kron, Brooks and Mayor Wangen voting nay. Mayor Wangen announced that the motion failed.

After additional discussion, Councilor McPherson moved, Councilor Sorenson seconded, that the bid process proceed with the mechanism previously explained by the Manager where the bid documents would include a clause for a 60-day wait period for contract award. 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

00-87 included with these minutes.)

Janet Hunt, 1337 Margaretha, appeared before the City Council to request replacement of the playground equipment for Memorial Park. City Manager Sparks responded that the Council would need to budget that item and that it could be considered for 2001.

Glenn McDaniel, 701 Garfield, stated that parked cars at the southwest corner of Newton and Front block vision for people entering that intersection.

ADJOURNMENT – 8:30 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, May 22, 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 May 9, 2000.

________________________                                                         _____________________________   

Secretary of the Council                                                                     Mayor