Albert Lea, MN                                                                                 June 26, 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 JUNE 12, 2000.

(b) LICENSES AND BONDS APPROVED:

Donn Slette d/b/a Slette Stump Grinding, Wells

American Legion Post 56, 142 N. Broadway for July 4^th

Albert Lea Shrine Club, N. Broadway, for July 2 at the Airport

Albert Lea Girls Basketball Boosters for July 8-9 at the Northbridge Mall

Jacob Zamora dba Casa Zamora for the Armory June 24^th

Rachel Talamantes, 1714 Eberhart St., for the Armory June 24^th

Mike Ryan, 1521 Elm Street, for the Elks July 8^th

Larry Trampel, 1501 Edina Ave., for the Elks July 15^th

Mark Anderson, 632 E. Park Ave., for the Elks August 5^th

Larry Fosness, P.O. Box 402, Kiester, for the Elks August 12^th

Freeborn County Agricultural Society for Freeborn County Fair August 3-6

(c) RESOLUTION 00-109 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 00-109 approves a Lawful Gambling Application for

Authorization for an Exemption from Lawful Gambling License for the Southern Gateway Chapter of the Minnesota Deer Hunters Association for a raffle on September 9, 2000, and for a raffle on September 12, 2000, at 139 N. Broadway.

(See Secretary’s Original Resolution

00- 109 included with these minutes.)

(d) RESOLUTION 00-110 ADOPTED - CLAIMS: Resolution 00-110 presents the financial claims of the City.

(See Secretary's Original Resolution

00-110 included with these minutes.)

Councilor Brooks moved, Councilor Mathison 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.

JOB 2010 DENIED – PUBLIC HEARING

Mayor Wangen opened a public hearing on the proposed assessment for Job 2010, the extension of the north/south alley between St. Thomas and Columbus Avenue starting at East Main and continuing south to Eberhart Street at an estimated total cost of $15,000.00. The necessary notice for this hearing was published on June 1, 2000.

John Butler, 610 Krikava, an owner of property adjacent to this alley, appeared in favor of the alley improvement for added access to his property.

Marlys Webber, Rt. 3, Albert Lea, appeared before the City Council on behalf of her mother, Sylvia Lindahl, an owner of property affected by the improvement. She read a letter from her mother indicating her opposition to the improvement.

Mike Draayer, 2393 Wildwood Circle, owner of M & S Outdoor Equipment, spoke in opposition to the project.

Darwin Haroldson, 2016 Southeast Marshall, owner of Harold’s Bar, stated that the business to the west of him has semis delivering to the business and needs the alleyway for that purpose. He also noted that there are water problems behind his business and wondered if the Engineer had looked at this problem. The City Engineer stated that if the alley improvement proceeds the City would re-grade and subgrade removing material from the area prior to the improvement. The City Manager stated that a problem with private property and piles of dirt would be a private issue and would require a lawsuit be filed against the individual owning the property. Mr. Haroldson stated that he is in favor of the improvement.

Councilor Kron stated the business next to Harold’s is TEC Industrial and that she had received a letter from that business opposed to the project.

Kevin Worke, 1405 Cheryl, owns six properties affected by the assessment and has been bringing in piles of dirt to bring the lots up to grade. He stated that the piles of dirt are his and that he opposes the alley improvement.

Linda Christian, 606 Pilot, stated that two of the lots are owned by her husband and that they are opposed to the project.

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

Councilor Kron stated that she has noted fourteen affected properties opposed to the project and six properties in favor. Councilor McPherson questioned whether the entire project would be assessed and the City Manager responded that it would.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Job 2010, the improvement of the north/south alley between St. Thomas and Columbus starting at East Main and continuing south to Eberhart, be denied. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the project denied.

Mayor Wangen stated that the City of Conger has requested permission to use the City of Albert Lea’s Wastewater Treatment Plant as an alternative in its planning process for sewage waste disposal.

Cheryl Burgess, Mayor of Conger, appeared before the City Council. She noted that they are in the beginning stages of looking into City sewer for the City of Conger and that one option would be to bring the sewage to Albert Lea’s Wastewater Treatment facility if the Council approves that option.

City Manager Sparks stated that the conditions for the use of the City’s Wastewater Treatment Plant would be at the same rate as others outside the City using that facility and that the City of Conger would need to maintain its own line.

Additional discussion centered around access for properties along the proposed sewage line, the possibility of negotiating a contract with the City of Conger, the possibility of increased line size for industrial development and a need to discuss how much the City is willing to accept from outside sources.

City Manager Sparks stated that the access questions, line size and the possibility of tapping are issues that could be negotiated at the time of design. He noted that Conger is simply looking at costs and alternatives for the sewer system.

Councilor Sorenson stated that he understands that they are looking at planning alternatives only at this time and that it is necessary that the Council make it clear that conditions will be placed on the usage of the City’s facility.

After additional Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that Resolution 00-111, granting the City of Conger permission to consider the possibility of using the City of Albert Lea’s Wastewater Treatment Plant as one alternative in its planning process for sewage waste disposal with a notation that the permission does not authorize a contract at this time. On roll call vote, all Councilors voted in favor of motion.

Mayor Wangen declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

00- 111 included with these minutes.)

ART IN THE PARK AUTHORIZED

Mayor Wangen stated that the Albert Lea Art Center has requested City approval to conduct its annual "Art in the Park" event for the public and that they are requesting permission to use Lincoln Park on Sunday, August 13, 2000.

Councilor Mathison moved, Councilor Brooks seconded, that the request of the Albert Lea Art Center for permission to conduct its annual "Art in the Park" event in Lincoln Park on August 13, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the permission granted.

REQUEST FOR USE OF PARKING STALLS BY AMERICAN LEGION APPROVED

Mayor Wangen stated that he had been contacted by Leo Carey Post 56 for permission to use four parking stalls directly in front of the American Legion Club at 142 N. Broadway. He noted that this is an annual request and that they would be using the stalls for the entire day on July 4 for the purpose of selling miscellaneous food items from the sidewalk in front of the Legion.

Councilor Kron moved, Councilor McPherson seconded, that the request of the American Legion to use the four parking stalls on July 4th, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and permission granted.

ORDINANCE 43, 3d ENACTED – AMENDING CITY CODE CHAPTER 74 – PUBLIC HEARING

Mayor Wangen opened a public hearing on Ordinance 43, 3d which amends City Code Chapter 74 to permit not to exceed three square feet in area identification signs on the front face of a movable or fixed awning or canopy in the B-3 central business district. The front face being that part facing the street in the case of a rectangular or square canopy or awing or the center one-third facing the street in the case of a semi circular awning or canopy. The signs may not be lighted. The necessary notice for this hearing was published on June 15, 2000.

There was no public discussion. On roll call vote, all Councilors voted in favor of Ordinance 43, 3d. Mayor Wangen declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original

Ordinance 43, 3d included with these minutes.)

Councilor McPherson moved, Councilor Amundson seconded, that Resolution 00-112, approving the preliminary plat of the Country Vista Second Subdivision with conditions recommended by the Albert Lea Advisory Planning Commission, 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

00-112 included with these minutes.)

ORDINANCE 44, 3d INTRODUCED – GRANTING A NATURAL GAS DISTRIBUTION FRANCHISE TO FREEBORN-MOWER COOPERATIVE SERVICES

City Manager Sparks explained that the City’s Charter doesn’t permit exclusive franchises with any one provider of similar type services. Therefore, it is necessary for the City to follow the practice of being open to new franchise agreements if they are reasonable. This ordinance grants Freeborn-Mower Cooperative Services a gas distribution franchise within the City. He noted that the franchise includes restrictions with the primary restriction limiting gas lines to newly developing areas in the City.

After Council discussion, Councilor Mathison introduced Ordinance 44, 3d. The ordinance will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original

Ordinance 44, 3d included with these minutes.)

City Manager Sparks recommended the purchase of new bleachers to replace existing units that do not meet State requirements. He noted that the estimated total cost would be approximately $48,000.00 and that it would be necessary for the City to obtain comparative quotes. He also noted that the funds would be provided by the Building Maintenance Fund.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-113, authorizing the City Manager to pursue the purchase of new bleachers for Snyder Field and Hayek Field, 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

00-113 included with these minutes.)

City Manager Sparks explained that this resolution calls a hearing for the year 2000 overlay and drainage improvement program. He informed the Council that the City is interested in beginning an annual overlay street repair process to extend the life of streets constructed approximately 40 years ago which are showing signs of deterioration and need repair. He is also asking for Council input as to whether the installation of drain tile in front of the curb should be permitted to allow household sump pump lines to connect underground. He noted that in some neighborhoods several houses have sump pumps and that the sump pump water is currently being pumped into the street which freezes and helps undermine the life of the street surface. He noted that the drain tile would connect to the storm sewer which would extend the life of the street and be a service to the home owner in getting the sump pump water underground and away from the surface of the house. The installation of drain tile would significantly increase the amount of the assessment. An overlay would cost approximately $13.00 per foot and the cost of an overlay with drainage tile and stubs would be approximately $30.00 per front foot.

Council discussion centered around the need for the drainage tile in all areas of the City and a desire to include two prices, one with drain tile and one without on the letters to the property owners. Councilor Sorenson also requested that a letter of explanation and diagram accompany these proposed assessment letters and that the hearing be held on July 24.

After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that Resolution 00-114, calling a hearing for Job 2016 which includes Crestview Road, Briarwood Drive, Fairlane Terrace, Levison Street, Kent Avenue and Columbus Avenue with two costs and the letter of explanation for July 24, 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 hearing called.

(See Secretary’s Original Resolution

00-114 included with these minutes.)

City Manager Sparks explained that this resolution calls a hearing on the overlay of Clark Street between Bridge Avenue and East Main Street. He noted that the concrete street has begun to deteriorate with rideability in serious question. Other improvements are being discussed for the same area which would change the layout of Clark Street and as a consequence he recommends only an overlay at this time until a decision has been made about the reconstruction of the intersections on Clark at Bridge and Fountain.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-115, calling a hearing for overlay of Clark Street between Bridge Avenue and East Main Street for July 10, 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

00-115 included with these minutes.)

City Manager Sparks explained that this resolution accepts the low bid of Freeborn Construction in the amount of $30,079.45 for the installation of storm sewer in the alley on the east side of Hayek Field.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 00-116, accepting the bid of Freeborn Construction in the amount of $30,079.45 for Job 9716, 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

00-116 included with these minutes.)

UNLISTED ITEMS

WARD ITEMS

Third Ward, Councilor Mathison:

a) Noted that bridge work is being done on the Wedge/Jones Building at Broadway and Main and that there is no fencing or barricades. City Manager Sparks told Councilor Mathison that the City would notify the contractor.

Fourth Ward, Councilor Sorenson:

a) Stated that the installation of signaling was begun at the Bridge and Hawthorne intersection and that there was no traffic control. He suggested that the City staff keep an eye on this intersection with the heavy traffic currently using Bridge Avenue.

PUBLIC ITEMS

Glen McDaniel, 701 Garfield, noted that the sidewalk at the northeast corner of Third Street and Madison Avenue has mud and standing water on it.

Patrick Corrigan, 814 Frank Hall Drive, noted that there is a dead tree in the park across from his driveway which looks bad and commended the Park and Recreation Department and Council for the work being done in Frank Hall Park.

ADJOURNMENT – 8:23 P.M.

Councilor Mathison moved, Councilor McPherson 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 10, 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 27, 2000.

________________________                                                     _____________________________

Secretary of the Council                                                                     Mayor