Albert Lea

Albert Lea, MN September 24, 2001

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 Bob Haukoos.

ROLL CALL

Present were Councilors Warren Amundson, David McPherson, George Marin, Ron Sorenson, Mary Kron, Al Brooks and Mayor Bob Haukoos. Also present were Assistant City Manager William L. Schmitt, Public Works Director David Olson, City Attorney Steven Schwab, Acting Council Secretary Pat Johnson and representatives from KATE Radio, the Albert Lea Tribune and KTTC-TV.

CONSENT AGENDA

(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF SEPTEMBER 10, 2001.

(b) LICENSES AND BONDS APPROVED:

ANNUAL LICENSE

PLUMBER

Larry W. Denison d/b/a Denison Plg., Inc., 2755 George Street, LaCrosse, WI

TEMPORARY LICENSE

PUBLIC DANCE

Cathleen Rebelein, 2133 Highland Avenue, for a dance at the Armory October 6

Councilor Amundson moved, Councilor McPherson seconded, that the consent agenda items be adopted. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the consent agenda items adopted.

(See Secretary’s Original Resolution

01-221 included with these minutes.)

RESOLUTION 01-222 ADOPTED - ADOPTING ASSESSMENTS FOR JOBS 2022, 0101 AND 0102 – PUBLIC HEARING

Mayor Haukoos opened a public hearing on the adoption of assessments for curb and surfacing on Rowe Lane from Hills Lane to Pilot Street (Job 2022), 2001 Bituminous Street Overlay Project (Job 0101) and bituminous street surface replacement of Maplehill Drive from Plainview Lane to Front Street (Job 0102). The necessary notices for these hearings were published on September 13, 2001.

Connie Benson, 507-511 Hills Lane (duplex), appeared before the Council in objection to her assessment for Job 2022. She stated her property would not benefit from the project, that the road was constructed by the City for the benefit of a local developer and she belief that the developer and homeowner should bear the total cost for this improvement.

Dave Olson, City Engineer, explained that all abutting properties were assessed for the project. Discussions included the fact that Mrs. Benson owns two lots, one facing Hills Lane and the other Rowe Lane. That although the duplex faces Hills Lane part of the structure does extend over the lot line onto the lot being assessed on Rowe Lane.

Robert Rascon on behalf of his daughter, Linda Gerber, 511 Pillsbury, appeared questioning the need to assess the property owners for the overlay project (Job 0101).

City Engineer Olson explained benefiting properties are always assessed for overlays and doing the overlay at this time extends the life of the roadway a number of years therefore delaying the necessity of an expensive total reconstruction.

After further discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 01-222, adopting the assessments for Job 2022, Curb and Surfacing on Rowe Lane, Job 0101, 2001 Bituminous Street Overlay Project, and Job 0102, Bituminous Street Surfacing of Maplehill Drive, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution

01-222 included with these minutes.)

REQUEST FOR WATER SERVICE APPROVED

Assistant City Manager Schmitt reported the City had received a letter from Darwin DeRemer asking permission to hook up to City water. Mr. Schmitt stated City policy has required the property owner to consent to annexation before such services would be provided.

Councilor Amundson stated he had spoken with the property owner and he would not object to annexation.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that the request for water service to the DeRemer property located on SE Marshall between Rezin and Prospect Avenues (parcel no. 08-010-0040) be approved contingent upon the property owner consenting to annexation. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried.

REQUEST FOR 15-MINUTE PARKING STALL APPROVED

Assistant City Manager Schmitt stated that the City had received a request for a 15-minute parking stall in front of Albert Lea Business Services at 218 E. Clark Street. Although the area is marked for two-hour parking, individuals are leaving their cars at that location all day and trucks are having difficulty making deliveries to her business.

Councilor Kron moved, Councilor Brooks seconded, that the request for a 15-minute parking stall in front of 218 E. Clark Street, be approved. Additional discussion centered around other parking restrictions already in place in that area. On roll call vote, Councilors Kron, Brooks, Amundson, McPherson and Mayor Haukoos voted in favor of said motion. Councilors Marin and Sorenson voted nay. Mayor Haukoos declared the motion carried and the parking stall permitted.

RESOLUTION 01-223 ADOPTED – RELATING TO THE SALE OF G.O. PIR FUND BONDS

Assistant City Manager Schmitt explained that this resolution authorizes the sale of $2,800,000 in General Obligation Permanent Improvement Revolving Fund Bonds.

Mr. Bob Thistle appeared before the Council on behalf of Springsted. He explained these bonds are being used to fund approximately ten projects within the City. Mr. Thistle reported the City of Albert Lea was reaffirmed at it’s A-1 credit rating and he was pleased with the bids he had received. A handout listing the three groups bidding the project was provided the Council. Mr. Thistle is recommending the low bidder, Morgan Stanley out of New York at 4.22 percent.

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that Resolution 01-223, awarding the sale of $2,800,000 General Obligation Permanent Improvement Revolving Fund Bonds Series 2001 to Morgan Stanley of New York, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-223 included with these minutes.)

RESOLUTION 01-224 ADOPTED – AUTHORIZING AN AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATION

Assistant City Manager Schmitt explained that this resolution authorizes the Mayor and City Manager to execute a grant agreement with the State of Minnesota for airport maintenance and operations.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 01-224, authorizing the Mayor and City Manager to execute Agreement 81802 with the State of Minnesota for airport maintenance and operations, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-224 included with these minutes.)

RESOLUTION 01-225 ADOPTED – ACCEPTING BID FOR JOB 0122

Assistant City Manager Schmitt explained that sealed bids with bonds were accepted by the City on September 19, 2001, for 2001 Bituminous Contract No. 7, Bituminous Overlay and Subgrade Drain Tiling on Greenwood Drive (Job 0122) from Crane Creek Construction, Owatonna, and Ulland Bros., Inc., Albert Lea. He is recommending the low bidder. None of the costs for the project will be assessed against the properties.

Councilor Amundson moved, Councilor Marin seconded, that Resolution 01-225, accepting the bid of Ulland Bros, Inc., Albert Lea, in the amount of $210,298.00 for 2001 Bituminous Contract No. 7, Bituminous Overlay and Subgrade Drain Tiling (Job 0122), be approved.

On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-225 included with these minutes.)

RESOLUTION 01-226 ADOPTED – APPROVING CONTRACT FOR LANDFILL CLEAN UP

Assistant City Manager Schmitt stated the City is receiving pressure from the Minnesota Pollution Control Agency to study the effects of the Edgewater Landfill. Proposals were received by the City from several engineering firms to oversee and direct that work. Terracon, a firm familiar with environmental issues, submitted the best proposal in the amount of $39,289 and the Engineering Department is recommending that firm. The Engineering Department is requesting authorization for an additional $10,000 to cover any follow-up questions the PCA may have after the plan is submitted.

After Council discussion, Councilor Brooks moved, Councilor Sorenson seconded, that Resolution 01-226, approving a contract in the amount of $39,289 with Terracon, White Bear Lake, MN, for landfill site investigation and work plan preparation and authorizing an additional not to exceed amount of $10,000 for any follow up required by the MPCA, be approved. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-226 included with these minutes.)

RESOLUTION 01-227 ADOPTED – APPROVING HABBEN SETTLEMENT AGREEMENT

This resolution approves a settlement agreement between Darv Habben and the City of Albert Lea to settle a pending lawsuit between the parties.

City Attorney Schwab explained this dispute arose over the development and cost involved with the installation of roads in the Habben development. He stated the City had met for mediation on this lawsuit and an agreement has been reached benefiting both parties. This agreement provides for the City to complete construction of the project and assessing costs to the benefiting properties. The City will continue with the purchase of a 30-acre parcel of property outlined in the development agreement and in addition would have a 6-month option to purchase an additional 12.5 acres of land west of that property. The City plans to offer this parcel of land to Farmland officials as a potential site for a new facility. The Habben property would be benefited by the further development in the area.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 01-227, approving a settlement agreement with Darv Habben as outlined by the City Attorney, be approved. Councilor Sorenson complimented the City Manager and City Attorney for negotiating this settlement agreement. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-227 included with these minutes.)

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor McPherson:

a) Reported he had received a request from residents in the area of West Main Street and First and Second Avenue to remove the restriction for one-way traffic on the alley separating the properties. The alley runs north and south between Main Street and William Street. It would be beneficial to adjacent property owners to have access from both directions.

Councilor McPherson moved, Councilor Marin seconded, that the one-way traffic signage in the north/south alley between W. Main Street and William Street, and between First Avenue and Second Avenue, be removed. On roll call vote, all Councilors voted in favor of said motion. Mayor Wangen declared the motion carried and the one-way signage removed.

Third Ward, Councilor Marin:

a) Thanked the Mayor, City Manager and City Engineer for meeting with residents of Fourth Avenue South and Plainview Lane regarding storm sewer drainage.

Fourth Ward, Councilor Sorenson:

a) Requested the Engineering Department review parking along Pillsbury Avenue near the old Sorenson Garage/Transmission Shop. Individuals are parking their vehicles along this narrow street hampering traffic in the area.

b) Stated there is a washout in the alley between Albert Lea Street and Johnson Street west of Green Avenue. He is requesting a feasibility study on a possible solution to this problem.

c) Stated there is an unimproved one-half block alley in the same area running onto Green Avenue which has been improved by a property owner. He is requesting engineering staff review that improvement.

Fifth Ward, Councilor Kron:

a) Reported she had received a request for two more handicap stalls in front of the American Legion.

b) Stated neighbors along West Avenue are complaining that the street is very narrow and it is difficult to back out of their driveways. Requested the Engineering Department review the area for possible parking restrictions.

c) Stated the visibility of the street sign at the intersection of Court Street and Mill Way is hampered by greenery. Also stated the directional sign in the alley at Court Street and Wedgemore Road is difficult to see. She requested greenery be trimmed in those areas.

Sixth Ward, Councilor Brooks:

a) Questioned whether any additional traffic studies had been done on Frank Avenue.

City Engineer Dave Olson stated during the first study some of the anchors in the fresh blacktop had pulled out but they did have traffic statistics from a couple of the days the equipment was operating correctly. He will follow up on the study.

PUBLIC ITEMS

ADJOURNMENT – 8:12 P.M.

Councilor Amundson moved, Councilor Marin 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, October 8, 2001. On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the meeting adjourned.

Filed and attested September 25, 2001.

______________________________ _________________________

Acting Secretary of the Council Mayor