Albert Lea, MN                                          June 12, 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, Mary Kron, Al Brooks and Mayor Marvin Wangen. Absent was Councilor Ron Sorenson. 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 MAY 22, 2000 AND THE BOARD OF REVIEW MEETING OF MAY 18, 2000.

(b) LICENSES AND BONDS APPROVED:

Richard Boyd, d/b/a The Cooler, R.R.1, Box 28, Oakland, MN

Scott Snare, d/b/a Great West Mechanical, Big Lake, MN

Geneva Ausen, d/b/a Albert Lea Business Service, 218 E. Clark Street, for Hawthorne School on May 24

Dennis Brue, d/b/a B & B Café, 321 Sibley, for downtown on June 11^th and the fairgrounds on

July 27

KATE Radio, 305 S. 1^st Ave., for the north parking lot on June 9^th

Hollandale Christian School for the Freeborn County Fair July 31 to August 5

Mike Severson, 2010 Bayview Drive, for the Elks Club on June 3

Tim Butt, 932 Fountain Street, for the Elks Club on June 10

Ronald Miller, 154 Frost Avenue, Conger, for the Elks Club on June 17

Dennis Morrison, R.R.2, Alden, for the Elks Club on June 24

Mathew C. Erkkila, 411 Giles Place, for the Elks Club on July 1

(c) RESOLUTION 00-97 ADOPTED – CALLING A HEARING FOR TEMPORARY LIQUOR LICENSE: Resolution 00-97 calls a public hearing for the Freeborn County

Albert Lea, MN June 12, 2000

Agricultural Society Application for Temporary Liquor License for the Freeborn County Fair from August 3-6, 2000, for June 26, 2000.

(d) RESOLUTION 00-98 ADOPTED – APPROVING ADMINISTRATIVE SURVEY: Resolution 00-98 approves a combination/division of lots of record at 111 Fourth Avenue South for Allen and Susan Blenka.

(e) RESOLUTION 00-99 ADOPTED - CLAIMS: Resolution 00-99 presents the financial claims of the City.

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 on Job 2009, Street Surface Improvement on Stevens Street between Ulstad Avenue and Prospect Avenue, at an estimated total cost of $66,000.00. The necessary notice for this hearing was published on May 22, 2000.

Luke Trumble, owner of property at 1820 Stevens Street and 1811 East Main Street, stated that he owns 185 feet of frontage and objects to the improvement.

Ken Seeger, a resident on Stevens Street, indicated his objection to the assessment noting that he does not see a problem with the road. Councilor Kron questioned whether Mr. Seeger resides in the City of Albert Lea. He responded that he does not and City Manager Sparks stated that Mr. Seeger would not be assessed for the improvement until such time as he is annexed to the City.

Mayor Wangen then closed the hearing and asked for the Engineer’s comment. Public Works Director Olson explained that the road is not in bad shape but that with the intended improvement the street could last another 20 years.

City Manager Sparks stated that the City had received two additional objections to the project from Bruce Himmerich at 1713 Stevens Road and from Cherie Seuser of Southern Minnesota Landscaping at 1801 E. Main Street.

After additional discussion centering around the need for the project, the need for milling along the shoulders and the fact that the minimal work will extend the life of the street for several years, Councilor Kron moved, Councilor Brooks seconded, that Resolution 00-100, ordering Job 2009, the improvement of Stevens Street between Ulstad Avenue and

Prospect Avenue by street surfacing, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the job ordered.

HABBEN WITHDRAWAL OF ANNEXATION REQUEST

Mayor Wangen stated that Darvin Habben has requested that his petition for annexation of a parcel of land lying immediately east of Highway 13 be withdrawn. He is planning to go ahead with construction on that site sooner than sewer and water can be extended and does not feel that annexation is necessary at this time.

After Council discussion relating to the fact that the City will eventually annex the property and the fact that Mr. Habben is not expected to connect to the sewer line because it will be installed over 500 feet from his property, that the issue is moot. After Council discussion, Councilor Amundson moved, Councilor Kron seconded, that Darvin Habben’s request to withdraw his annexation petition, be approved. On roll call vote, Councilors Amundson, Kron and Brooks voted in favor of the request with Councilors McPherson, Mathison and Mayor Wangen voting nay. Mayor Wangen declared the motion denied due to a tie vote.

DOWNTOWN CRAZY DAYS APPROVED

Mayor Wangen stated that the Downtown Retail Association has requested permission to conduct crazy days, July 20, 21 and 22 and is again asking to block West William and Broadway from Clark Street to Main Street for this event. The street closures will be the same as in previous years.

After Council discussion, Councilor McPherson moved, Councilor Kron seconded, that the Downtown Retail Association request for Crazy Days, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the request granted.

ORDINANCE 42, 3d WITHDRAWN

Mayor Wangen stated that the initial introducer of Ordinance 42, 3d, Councilor Sorenson, has requested the withdrawal of this ordinance from consideration. Councilor Sorenson has talked with haulers and they are willing to try to modify their collection schedules to alleviate problems.

(See Secretary’s Original

Ordinance 42, 3d included with these minutes.)

BOARD OF REVIEW REPORT

Mayor Wangen stated that the City Council had received the Board of Review report and noted that objections to the findings can be taken to the County Board of Review on June 19.

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that the Board of Review report, be accepted. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the report accepted.

Mayor Wangen stated that the Albert Lea Advisory Planning Commission has reviewed the preliminary plat of Chapeau Shores 6^th Addition and has recommended Council approval of the preliminary plat. He noted that the owner of the property has also requested annexation of the remaining 17 acres in the parcel.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-101, approving the preliminary plat of Chapeau Shores 6^th 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.

CHAPEAU SHORES 6^TH ADDITION ANNEXATION PETITION ACCEPTED

Councilor Amundson moved, Councilor Mathison seconded, that the petition for annexation of the 17 acres of Chapeau Shores 6^th Addition outside the City of Albert Lea be accepted and that the City Manager proceed with annexation negotiations with the township. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the petition accepted.

ORDINANCE 43, 3d INTRODUCED – CANOPY SIGNS

Councilor McPherson introduced Ordinance 43, 3d which amends the zoning ordinance to permit unlighted signs on the front face of canopies in the B-3 Central Business District. This proposed amendment allows name plate signs only with no advertising messages. Ordinance 43, 3d will lay over for a second reading and public hearing pursuant to charter requirements.

Mayor Wangen explained that the Albert Lea Advisory Planning Commission took action at its meeting on May 25 to approve a request of Alliant Energy for a conditional use permit to fill land in the F-2 Flood Fringe District on the east side of Bridge Avenue south of Troy Avenue and the apartment buildings to prepare land for the construction of an electrical substation at that site.

Mayor Wangen stated that the City had accepted bids for a wide-area mower and two small utility tractors with trade-ins on June 7, 2000, and recommendation for award is made to low bidders, Erlandson’s of Albert Lea on the tractor with wide-area mower at $35,677.50 and Simonsen’s Farm Systems, Albert Lea, on the two small utility tractors at $56,737.88.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-103, accepting bids for the wide-area mower and two utility tractors with trade-ins, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

City Manager Sparks stated that this resolution approves an agreement for the Youth First Program providing seventh and eighth grade students with supervised sports. He noted that the program is sponsored by Community Education, District 241, and the City of Albert Lea. The City’s obligation for 2000-2001 is not to exceed $12,000.00.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-104, approving the Youth First Agreement, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

City Manager Sparks stated that the City’s purchasing agent has recommended the purchase of a skid loader with planer attachment to be used in making repairs to City streets and has found that the City can purchase the equipment under the State contract at a cost of $50,000.00. The providing company would be Melroe Company of Fargo, North Dakota and the equipment will be owned by the Central Garage Fund and paid for from that fund’s monies.

City Manager Sparks stated that the County Auditor-Treasurer has informed the City that four properties are included in the classification listing on non-conservation land in the City forfeited to the State for non-payment of property taxes. He noted that three of the four properties have unpaid assessments against them which will be cancelled if not reinstated by Council resolution.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that Resolution 00-106, declining the offer to acquire four properties in the City identified on the classification listing on non-conservation land forfeited to the State for non-payment of property taxes and also notified the auditor that it desires to reinstate assessments for the three properties forfeited. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

City Manager Sparks explained that annually the City is requested to execute the League of Minnesota Cities Insurance Trust liability coverage waiver form. If the City does not waive the statutory tort limits an individual claimant would be able to recover no more than $300,000.00 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which statutory limits apply would be limited to $1,000,000.00. These limits would apply regardless of whether or not the City purchases excess liability coverage. If the City waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000, 000 on a single occurrence and if the City purchases excess liability coverage a single claimant could potentially recover an amount up to the limit of the coverage purchased. Mr. Sparks noted that the majority of cities in the State elect to not waive the monetary limits on municipal tort liability. City Attorney Schwab stated that this waiver gets our intent on record.

After Council discussion, Councilor Mathison moved, Councilor McPherson seconded, that Resolution 00-107, not waiving monetary limits on tort liability, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the resolution adopted.

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor McPherson:

a) Moved to authorize a bike rack at 116 W. Clark Street. He noted that he had brought this up at a prior Council meeting and has heard no opposition. His motion authorizes the Youth for Christ organization to attach a single sided bicycle rack to its building at 116 W. Clark Street extending over a portion of City sidewalk with the understanding that the management will monitor that all bicycles are parked in the rack. Councilor Brooks seconded the motion.

After Council discussion and on roll call vote, Councilors Amundson, McPherson, Brooks and Mayor Wangen voted in favor of Resolution 00-108 with Councilors Mathison and Kron voting nay. Mayor Wangen declared the motion carried and the resolution adopted.

Third Ward, Councilor Mathison:

a) Stated that people in the Arena area have requested that the City speak to the Railroad requesting the signalization of the crossing on Lake Chapeau Drive. City Manager Sparks stated that the City would discuss the issue with the Railroad but that the City would probably be responsible for installing the signals.

PUBLIC ITEMS

Mike Kelly, 208 S. Broadway, addressed the City Council with regard to the Albert Lea Lake and the Watershed District and proceeded to read a statement opposing the Watershed District. He also requested that the City cooperate in public forums and town meetings relating to this issue.

ADJOURNMENT – 8:28 P.M.

Councilor Mathison 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, June 26, 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 June 13, 2000.

________________________ _____________________________

Secretary of the Council Mayor