Albert Lea, MN                                                                                                         August 14, 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 Donald Mathison, Ron Sorenson, Mary Kron, Al Brooks and Mayor Marvin Wangen. Absent were Councilors Warren Amundson and David McPherson. 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 JULY 24, 2000.

(b) LICENSES AND BONDS APPROVED:

Precision Plumbing, 703 Marshall

Country Inn & Suites, 2214 E. Main

Taco Bell, 122 Bridge Ave.

Country Inn & Suites, 2214 E. Main

County Inn & Suites, 2214 E. Main

Marie Anderson, 314 Summer Avenue, for the Arena on September 9

Vicki Zook, 57657 270 St., Austin, for the Armory on July 19

Julie Knezevick, 602 E. 7^th Street, for Art in the Park on August 13

Tom Jones (Albert Lea Jaycees), 1518 Oakwood Drive, for the Freeborn County Fair August 1-6

Jacob Zamora d/b/a Casa Zamora, 2006 E. Main, for the Armory August 26

(c) RESOLUTION 00-140 ADOPTED – CALLING HEARING ON PARKING MAINTENANCE DISTRICT ASSESSMENTS: Resolution 00-140 calls a public hearing for the adoption of Parking Maintenance District Assessments on August 28, 2000.

(See Secretary's Original Resolution

00-140 included with these minutes.)

(d) RESOLUTION 00-141 ADOPTED – CALLING A HEARING ON JOB 9903: Resolution 00-141 calls a public hearing on proposed assessments for Job 9903, Curb and Bituminous Surfacing on Sunset Street from Lake Chapeau Drive to Trollwood Drive, for August 28, 2000.

(See Secretary's Original Resolution

00-141 included with these minutes.)

(e) REQUEST FOR PRIVATE DRIVE NAME REFERRED TO PLANNING COMMISSION

A request from Lloyd Bottelson to name the private driveway serving the new townhouses on Bancroft Bay as Wilby Circle referred to the Albert Lea Advisory Planning Commission for consideration.

(f) RESOLUTION 00-142 ADOPTED – APPROVING 2000 DEER MANAGEMENT HUNT: Resolution 00-142 approves the Deer Management Hunt for the coming season.

(See Secretary's Original Resolution

00-142 included with these minutes.)

(g) RESOLUTION 00-143 ADOPTED - CLAIMS: Resolution 00-143 presents the finan-cial claims of the City.

(See Secretary's Original Resolution

00-143 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.

OAKWOOD NEIGHBORHOOD PETITION RECEIVED

Mayor Wangen stated that the City had received a petition from the residents in the Oakwood neighborhood requesting demolition of the property at 1413 Circle Drive. He noted that at this point the house is considered evidence in a felony prosecution and that it would not be possible or appropriate for the City to demolish the structure at this time. The City Manager stated that the City would be unable to obtain a Court Order authorizing demolition as long as the property remains evidence. He noted that the City Attorney is working to get permission as quickly as possible but it is very difficult to set a specific date. The City Attorney noted that the defense desires a review by an expert and that discussions between the County Attorney and the Public Defender’s Office have resulted in a decision to share costs for this defense expert.

No action was taken on this petition.

REQUEST FOR CONSIDERATION OF ASSESSMENT COMPROMISE DENIED

Jim Schlichting, 1301 Circle Avenue, appeared before the City Council. He noted that the Millers and Mielkes were unable to attend the meeting. Mr. Schlichting noted that Millers had paid an assessment for the alley on the third side and that Mielkes had also paid the assessment and stated that the City Manager has indicated that the City does not assess a third side. He also noted that the City Manager had stated that if the project is appealed the City will not do the project for at least 1-2 years. The City Manager stated that the City would wait and assess the project closer to 100 percent at a later date. Mr. Schlichting also questioned why the City is paying a portion on Frank Avenue and noted that the City needs to assess based on value to property. He noted the unique characteristics of the Oakwood neighborhood. He asked consideration for the adjustment.

Mayor Wangen stated that the Frank Avenue project is infrastructure replacement. City Manager Sparks reported that the street is used by other traffic and that Oakwood sees very little outside traffic with no through traffic.

Council discussion centered around the fact that a change on this project would require a change to the City’s assessment policy and that the City would need to absorb any additional costs. City Manager Sparks noted that if the Council chooses to assess the neighborhood that it would be necessary to re-bill and that the City is currently paying 50-60 percent of the bill and if we reassess and do the project at a later date that he is recommending the City Council set the amount for City payment at a maximum of 25 percent of the project. He noted that the neighborhood park causes the City to pick up the portion sided by it and that the small neighborhood parks are becoming too expensive for the City.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that the request for consideration of the assessment compromise, be denied. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the request denied.

Mayor Wangen explained that the Board of Appeals has considered a request from Mark Peterson for permission to sell used cars at 319 W. Main Street. The Board of Appeals has recommended approval of this variance from the B-3 Central Business Districts principal permitted use included in City Code Section 74-532.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-144, granting a variance to 319 W. Main 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

00-144 included with these minutes.)

Mayor Wangen stated that this resolution appoints election judges for the 2000 primary and general elections.

After Council discussion, Councilor Mathison moved, Councilor Kron seconded, that Resolution 00-145, appointing election judges, 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

00-145 included with these minutes.)

Mayor Wangen stated that this resolution fixes election details for the 2000 elections including the election judge compensation and the designation of polling places in the City’s six wards.

After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 00-146, setting election details for 2000 elections, 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

00-146 included with these minutes.)

LINCOLN PARK RENAMED "NEW DENMARK PARK"

Mayor Wangen stated that the Albert Lea Park and Recreation Advisory Board has recommended approval of the renaming of Lincoln Park to "New Denmark Park".

Councilor Sorenson moved, Councilor Kron seconded, that the Lincoln Park be renamed "New Denmark Park" as recommended by the City’s Park and Recreation Board. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the park renamed.

City Manager Sparks explained that this resolution authorizes the Public Works Department to proceed with the replacement of the roof on the City Garage to be charged against the Building Maintenance Fund. The estimated cost for the replacement is $60,000. He also noted that if the work is not done in the next year that the City would be required to do $6,000-$8,000 in repairs to keep the roof from deteriorating further. He suggested that rather than spending money for repairs it would be in the City’s best interest to proceed with roof replacement.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-147, authorizing the City Garage roof replacement at an estimated cost of $60,000 with funds provided by the Building Maintenance Fund, 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

00-147 included with these minutes.)

City Manager Sparks explained that this resolution indicates approval for the engineering staff to proceed with steps necessary to accept bids for the design of a new water tower in the northeast section of the City. He is recommending that the City follow Option B, locating the tower south of the Minnesota Department of Transportation truck station on property owned by Byron Bjerke at an estimated cost of $741,000 plus property purchased. He also noted that the Council may want to explore alternate designs for the tower to take advantage of the strategic location near Interstate 35. In addition, the resolution should authorize negotiations with Mr. Bjerke to purchase the property for the construction.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that Resolution 00-148, authorizing the Northeast Water Tower Project at an estimated cost of $741,000 located on the Byron Bjerke property, authorizing the initiation of negotiations with Mr. Bjerke to purchase the property for the construction and authorizes City staff to explore alternative designs for the tower to take advantage of the location near Interstate 35. 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

00-148 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the staff to proceed with design for reconstructing the South Water Treatment Plant. This is a water treatment facility for drinking water that would be renovated from its existing design. He is recommending construction of a new water plant above ground rather than reconstructing the old water plant below ground which would be subject to flooding. The estimated cost for the new construction is approximately $1.8 million and Mr. Sparks recommends that the City sell bonds to finance this project.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-149, authorizing the City staff to proceed with the design for the reconstruction of the South Water Treatment Plant at an estimated cost of $1.8 million to be funded through a 20-year bond issue, 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

00-149 included with these minutes.)

RESOLUTION 00-150 ADOPTED – AUTHORIZING FUND TRANSFERS

City Manager Sparks stated that the City has received the first half of property taxes and that the City Council needs to authorize fund transfers to repay Tax Increment Finance advances and to pay bond debt service. He recommends the following transfers:

$ 4,000 from TIF District 5-1 to the General Fund to repay advances

18,000 from TIF District 5-8 to the General Fund to repay advances

25,500 from TIF District 3-1 to the General Fund to repay advances

11,300 from TIF District 5-3 to the Bond Fund to pay debt service

17,500 from TIF District 5-4 to the Bond Fund to pay debt service

19,800 from TIF District 5-5 to the Bond Fund to pay debt service

60,500 from TIF District 5-6 to the Bond Fund to pay debt service.

Councilor Sorenson moved, Councilor Kron seconded, that Resolution 00-150, authorizing the fund transfers identified 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

00-150 included with these minutes.)

City Manager Sparks stated that the staff has recently determined that the Katherine Island Bridge has some structural deterioration that needs repair and that a structural engineer has given the City an estimate for repair of $24,000 and for replacement of $80,000. Mr. Sparks is recommending renovation of the bridge using City forces wherever possible to reduce the cost with funds provided by the Contingency Fund.

After Council discussion, Councilor Sorenson moved, Councilor Mathison seconded, that Resolution 00-151, authorizing repairs to the Katherine Island bridge at an estimated cost of $24,000, 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

00-151 included with these minutes.)

City Manager Sparks noted that due to State law changes dealing with bleacher safety, it is necessary that the City replace five sets of bleachers at Snyder Field and two sets of bleachers at Hajek Field. He noted that the staff has obtained quotations for the purchase of bleachers and he is recommending award to the low bidder, Seating and Athletic Facility Enterprises of Ellendale, MN.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 00-152, authorizing a contract with Seating and Athletic Facility Enterprises of Ellendale, MN in the amount of $48,882 to replace five set of bleachers at Snyder Field and two sets of bleachers at Hajek 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

00-152 included with these minutes.)

The City has a Development Agreement with Darvin Habben for Trunk Sanitary Sewer (Job 9820) and Watermain Distribution System Benefit (Job 9821) and a part of the Assessment Agreement includes assessments on the developable square footage at $0.105/ft. or $353,934.53. This resolution accepts the assessments for the parcels involved in the project area.

After Council discussion, Councilor Mathison moved, Councilor Brooks seconded, that Resolution 00-153, authorizing assessments for Jobs 9820 and 9821, 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

00-153 included with these minutes.)

City Manager Sparks stated that the City Engineer has prepared a feasibility report for the construction of concrete curb and gutter and bituminous surfacing on Rowe Lane between Hills Lane and Pilot Street (Job 2022) at an estimated cost of $35,500. This resolution would call a public hearing on the proposed improvement for September 11.

After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 00-154, receiving the Engineer’s report and calling a public hearing for Job 2022 on September 11, 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

00-154 included with these minutes.)

LAKE AVENUE CLOSURE AUTHORIZED

City Manager Sparks stated that the City had received a request from KCPI-FM and Premiere Video to close Lake Avenue on the west side of Premiere Video on August 25, 2000, between the hours of 4-7 P.M.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that the request to close Lake Avenue on August 25 between 4 P.M. and 7 P.M., be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the request granted.

15-MINUTE PARKING STALLS APPROVED

City Manager Sparks reported that the City had received a request from the Allstate Insurance Agent at 206 W. Clark Street for two 15-minute parking stalls in that area. She is experiencing problems with people parking all day and feels that this may aid in parking turnover at that location.

After Council discussion, Councilor Kron moved, Councilor Mathison seconded, that two 15-minute parking stalls in the area of 206 W. Clark Street to be determined by the City Engineer, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Sorenson who voted nay. Mayor Wangen declared the motion carried and the restricted parking authorized.

UNLISTED ITEMS

WARD ITEMS

Fifth Ward, Councilor Kron:

a) Stated that the property owner of the Old Aragon Bar site on South Broadway needs to mow the weeds.

ADJOURNMENT – 8:18 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, August 28, 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 August 15, 2000.

________________________                                             _____________________________   

Secretary of the Council                                                         Mayor