MINUTES_ REGULAR MEETING by mifei

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									                    MINUTES, REGULAR MEETING
           CITY COUNCIL, CITY OF LA CRESCENT, MINNESOTA
                            JUNE 25, 2007
                               5:30 PM

Pursuant to due call and notice thereof, the second regular meeting of the City
Council of the City of La Crescent, Minnesota, for the month of June was called
to order by Mayor Mike Poellinger at 5:30 PM in the La Crescent City Hall,
La Crescent Minnesota, on Monday, June 25, 2007, followed by the Pledge of
Allegiance. Upon a roll call taken and tallied by the Deputy Clerk, the following
Members were present: Members Greg Husmann, Joy Rockwell, Ben Rudert,
Dale Williams and Mayor Mike Poellinger. Members absent: None. Also
present were City Administrator Bill Waller, Deputy Clerk Phyllis Feiock and
City Attorney William Von Arx.

Mayor Poellinger asked if anyone wished to take action to change the agenda as
presented. There were no changes made.

ITEM # 1 - CONSENT AGENDA

At this time, the Mayor read the following items to be considered as part of the
Consent Agenda for this regular meeting:

1.1 - MINUTES – JUNE 11, 2007
1.2 – MINUTES – JUNE 18, 2007
1.3 - BILLS PAYABLE THROUGH JUNE 21, 2007

At the conclusion of the reading of the Consent Agenda, Mayor Poellinger asked
if the Council or anyone in the audience wished to have any of the items
removed from the Consent Agenda for further discussion. Member Williams
made a motion, seconded by Member Rockwell, as follows:

A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED

Upon a roll call vote taken and tallied by the Deputy Clerk, all Members voted in
favor thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

                                      11134
and none voted against the same. The motion was declared duly carried.

ITEM #3.1 – REQUEST TO WAIVE SUBDIVISION REQUIREMENTS

Bill Waller, City Administrator, advised Council that Thomas W. and Mary J.
Poellinger, 766 Shore Acres Road, have requested approval to waive the
subdivision requirements of the Zoning Ordinance that would allow them to
subdivide their lot. City Administrator Bill Waller informed the Council that the
request meets all the requirements of the City Subdivision Ordinance. Following
discussion, Member Husmann introduced the following resolution and moved
its passage and adoption:

                          RESOLUTION NO. 06-07-06

A RESOLUTION APPROVING A REQUEST TO WAIVE THE SUBDIVISION
   REQUIREMENTS OF THE ZONING ORDINANCE FOR PROPERTY
        OWNED BY THOMAS W. AND MARY J. POELLINGER

      WHEREAS, the City Council has received a request from Thomas W. and
Mary J. Poellinger to waive the subdivision requirements of the Zoning
Ordinance for property owned by them at 766 Shore Acres Road in the City of La
Crescent, further described as Plat #25.1829 and

     WHEREAS, the City Council has been advised that the proposed lots
would meet the minimum requirements of the Zoning Ordinance.

       NOW THEREFORE BE IT RESOLVED that the City Council hereby
waives the subdivision requirements of the Zoning Ordinance for property
located at 755 Shore Acres Road and owned by Thomas W. and Mary J.
Poellinger, in the City of La Crescent.

      FURTHER RESOLVED, that a certified copy of this resolution shall be
recorded in the Office of the Recorder in and for Houston County, Minnesota to
evidence this Waiver of Subdivision Regulation.

      ADOPTED this 25th day of June 2007.

                                        SIGNED:


                                        __________________________
                                        Mayor

                                     11135
ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Rudert and upon a roll call
vote taken and tallied by the Deputy Clerk, all Members voted in favor thereof,
viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.2 – BID RESULTS – SANITARY LIFT STATION AND FORCE
MAIN

Don Borcherding reviewed the bid results for the sanitary lift station and force
main for the wastewater treatment improvement project. Following discussion,
Member Rudert introduced the following resolution and moved its passage and
adoption:

                         RESOLUTION NO. 06-07-07

 A RESOLUTION TO ACCEPT THE BID FROM MCHUGH EXCAVATING
       FOR THE LIFT STATION AND FORCE MAIN PROJECT

       WHEREAS, the City Council of the City of La Crescent, Houston County,
Minnesota, had directed plans and specifications be drawn up for the 2007
sanitary lift station and force main project, and

       WHEREAS, the City Engineer did so present these plans and
specifications and the City Council approved them and ordered receipt of bids
for the proposed project, and

      WHEREAS, the following bidders presented bids for the project:


                                     11136
               BIDDER                                       TOTAL BID
               McHugh Excavating                            $422,781.25
               Winona Mechanical                            $425,400.80
                                                            Alt. Deduct
                                                            ($21,500.00)
               Engineering & Construction Innovations       $615.225.00
and,

      WHEREAS, the City Engineer has reviewed these bids and recommends
the award of the contract to McHugh Excavating in the amount of $422,781.25,
and

        WHEREAS, in making his recommendation, the City Engineer referenced
the alternate bid provided by Winona Mechanical, which included a deduct price
that would make them the low bidder. However, after reviewing the alternate
bid, it was determined that the pumps and controls do not meet the
specifications required to make the system function as designed, and

      WHEREAS, the City Council has reviewed and discussed the
recommendation and deems it in the best interest of the City to award the
contract to the apparent low bidder and order the project in.

       NOW THEREFORE BE IT RESOLVED that the project is ordered in and
the contract for the 2007 sanitary lift station and force main project in the amount
of $422,781.25 be awarded to McHugh Excavating.

       BE IT FURTHER RESOLVED that the Mayor and the City Administrator
are hereby authorized and directed to enter into the contract on behalf of the City
of La Crescent.

       ADOPTED this 25th day of June 2007.

                                          SIGNED:



                                          __________________________
                                          Mayor




                                       11137
ATTEST:

______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Rockwell and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.3 - WASTEWATER TREATMENT PROJECT FINANCING

Council reviewed the wastewater treatment project financing for the wastewater
treatment improvement project. Following discussion, Member Husmann
introduced the following resolution and moved its passage and adoption:

                          RESOLUTION NO. 06-07-08

  RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,945,000
 GENERAL OBLIGATION SEWER REVENUE BONDS SERIES 2007A AND
                 SETTING BOND SALE DATE

     WHEREAS, the Council has ordered improvements designated as
Wastewater Treatment Project in the amount of $1,945,000 and

       WHEREAS, to finance the improvements it is hereby determined to be in
the best interests of the City to issue General Obligation Sewer Revenue Bonds
Series 2007A in the amount of $1,945,000.

       NOW THEREFORE BE IT RESOLVED that Northland Securities, Inc. is
hereby authorized to solicit bids for the bonds on behalf of the City on a
negotiated basis and to authorize receipts of bids on the bond issue on July 23,
2007, at 11:00 A.M. Central time.


                                      11138
       ADOPTED this 25th day of June 2007.

                                          SIGNED:


                                          __________________________
                                          Mayor
ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Rudert and upon a roll call
vote taken and tallied by the Deputy Clerk, all Members voted in favor thereof,
viz;

       Greg Husmann         Yes
       Joy Rockwell         Yes
       Ben Rudert           Yes
       Dale Williams        Yes
       Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

Council reviewed the financial advisory service agreement with Northland
Securities regarding professional services for the upcoming bond sale for the
wastewater treatment improvement project following which Member Husmann
introduced the following resolution and moved its passage and adoption:

                           RESOLUTION NO. 06-07-09

   RESOLUTION ENTERING INTO A FINANCIAL ADVISORY SERVICE
   AGREEMENT WITH NORTHLAND SECURITIES TO SERVE AS THE
       FINANCIAL ADVISOR FOR THE CITY OF LA CRESCENT

      WHEREAS, the City of La Crescent desires to use the services of
Northland Securities, Inc., relating to the issuance of City bonds for the
upcoming bond sale for the wastewater treatment project, and

       WHEREAS, Northland Securities desires to furnish services to the City of

                                       11139
La Crescent.

       NOW THEREFORE BE IT RESOLVED that Northland Securities, Inc. and
the City Of La Crescent enter into an agreement for financial advisory service for
the sale of bonds for the City’s wastewater treatment project.

       FURTHER BE IT RESOLVED, that the City Administrator and Mayor are
directed to sign said agreement on behalf of the City of La Crescent.

      ADOPTED this 25th day of June 2007.

                                         SIGNED:


                                         __________________________
                                         Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Rudert and upon a roll call
vote taken and tallied by the Deputy Clerk, all Members voted in favor thereof,
viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.4 – HOUSING ORDINANCE

City Attorney William Von Arx and City Police Chief Todd Nelson reviewed a
proposed housing ordinance, which would assist the City in dealing with
disorderly properties and nuisance events. Following discussion, Member
Husmann introduced the following ordinance and moved its passage and

                                      11140
adoption:

                             ORDINANCE NO. 434

    AN ORDINANCE OF THE CITY OF LA CRESCENT DEFINING
DISORDERLY PROPERTY, NUISANCE EVENTS AND REGULATIONS TO
      PREVENT REPEATATIVE NUISANCES AND TO RECOUP
EXTRAORDINARY COSTS, PROVIDING PENALITIES FOR VIOLATIONS
                        THEREOF

  The City Council of the City of La Crescent, Houston County, Minnesota,
hereby ordains:


SECTION. I. PURPOSE.

The purpose of these regulations is to enhance the public health, safety and
welfare by prohibiting continued or repeated nuisance events at properties in the
City of La Crescent and to recoup extraordinary costs incurred in policing such
events.

SECTION II. DEFINITIONS.

For purposes of these regulations the following terms shall have the meaning as
given below:

      A. Disorderly Property. Shall mean a building, dwelling, establishment,
      premises or place where nuisance events occur. If the building, dwelling,
      establishment, premises or place is a multi unit dwelling or residence,
      hotel or motel, or commercial or office building, this definition only
      includes the specific areas or units in which the nuisance events occur.

      B. Nuisance Event. An event not having specific prior city council
      approval, requiring special police services in order to protect the public
      peace, health, safety and welfare. A nuisance event includes, but is not
      limited to, the following:

              1. Unlawful sale, possession, storage, delivering, giving,
             manufacture, cultivation or use of a controlled substance or
             paraphernalia for use of a controlled substances;

              2. Prostitution or prostitution related activity;


                                      11141
        3. Illegal gambling or gambling related activity;

       4. Unlicensed sale of alcohol beverages or unlawful sales or gifts
      of alcoholic beverages by an unlicensed person or unlawful
      consumption of alcoholic beverages;

       5. Loud and boisterous conduct, noises, and activities that disturb
      the peace or arouse angry or resentment in others; and events,
      incidents, violation of Ordinance 93 of the City of La Crescent.

       6. Events between 10:00 p.m. and 8:00 a.m., official time, which
      disturb the peace and tranquility of the neighborhood;

        7. Congregating in a tumultuous, noisy or rowdy crowd;

        8. Fighting or use of obscene or inflammatory language;

        9. Loud music constituting a nuisance or disturbing the peace;

      10. Activities causing excessive pedestrian or vehicular traffic and
      parking problems and congestion;

      11. Indecent exposure or lewd conduct.

C. Owner. The person or persons shown on the official property records
of the County to be the record owner of the real property.

D. Responsible Person. The person who owns and/or is in charge of a
disorderly property and/or the person who organized and hosted a
nuisance event. If a responsible person is a minor, the responsible person’s
parents shall also be considered responsible persons for purposes of
recouping City costs associated with extraordinary police measures.

E. Extraordinary police measures. Police officers, equipment and services
required for policing a subsequent nuisance event at a disorderly property
after the responsible person or persons have received the notice required
under this section.

F. Last known address. The address shown on the official property
records of the County or a more recent address of which the Police have
actual knowledge. In the event no address is listed or known to the police,

                               11142
      the address shall be that obtained by the police after a reasonable search.

      G. Notice of Disorderly Property. A notice stating that a nuisance event
      has occurred on the property and that the property may be charged the
      costs of providing extraordinary police measures in the event of a future
      nuisance event within 60 days of the date of the initial noticed event. The
      notice shall be served upon the responsible person or persons after the
      initial nuisance event at a property.

      H. Service of Notice. The notice required by these regulations may be
      served by personal service or by mailing the notice first class with the
      United States Postal Service addressed to the responsible person at their
      last known address.

SECTION III. Prohibited conduct.

      A. No person shall own, operate, manage, maintain or conduct a
      disorderly property, or invite or attempt to invite others to visit or remain
      in such disorderly property.

      B. No person shall visit or remain in a disorderly property for the
      purpose of aiding, abetting, or engaging in prohibited conduct occurring
      in such disorderly property.

      C. No person shall visit or remain in a disorderly property knowing, or
      having reason to that prohibited conduct in violation of these regulations
      is then occurring.

      D. No person shall, as owner or agent, let a building or portion thereof
      knowing it is intended to be used for any purpose prohibited by these
      regulations, nor permit a building or portion thereof to be used for any
      such prohibited purpose.

      E. No person shall fail or refuse to pay fees properly assessed for
      extraordinary police services under this ordinance.

SECTION IV. Police response and services.

      A. Initial response to nuisance event. After any police officer responds to
      any nuisance event and determines that there is a threat to the public
      peace, health, safety or general welfare, the police officer may serve a
      written notice of disorderly property to the responsible person or persons.

                                      11143
B. Response to subsequent nuisance event. If, after a written notice of
disorderly property is served/given pursuant to this section, a subsequent
nuisance event at the property within 90 days of the original event shall be
construed as requiring extraordinary police measures, the responsible
person or persons shall be jointly and severally liable for the costs
incurred in providing the extraordinary police measures up to $500.00 per
nuisance event. The imposition of the charges pursuant to this ordinance
shall not constitute an election of remedies thus disenabling the institution
of criminal charges arising from the same incident should the event
provide the necessary elements and basis therefor, nor shall the making of
criminal charges prohibit the imposition of civil charges by reason of the
need for extraordinary police and other municipal services. The charges
made by City pursuant to these regulations shall be deemed due and
owing upon service of notice as provided herein and if not paid within 30
days shall be subject to a ten percent (10%) of the amount due, late
penalty. The City reserves the right to seek reimbursement for costs
exceeding $500.00 through other legal remedies or procedures. The city
council may, from time to time, by resolution duly enacted amend the
amount of the charges prescribed above.

In the event the fees/charges and penalties, if any, prescribed by these
regulations are not paid as provided for herein, any such unpaid amounts
may be certified by City to the County Auditor for payment by the owner
of the property as in the case of special assessments levied upon the owner
of the property whereat the calls deemed extraordinary were rendered.

C. Costs; collection. The Chief of Police or his Designee, Public Safety
Director shall notify the City Finance Officer in writing concerning the
imposition of charges for extraordinary police measures, including of the
provision of extraordinary police measures, and shall include in such
notification the name and address of the responsible person or persons,
the date and time of the nuisance event giving rise to the measures, and a
description of the police measures provided, complete with a detailed
breakdown of the costs for such measures. The Finance Officer Director
shall make the appropriate billings and take all steps necessary and
available to effect collection thereof upon them.

D. Administrative Appeal. An administrative appeal of the fee or charges
for extraordinary police measures may be made to the City Council.
Request for an appeal hearing shall be submitted to the City Finance
Officer Director within 10 days of receipt of the billing. The request for an

                                11144
      appeal shall state with specificity the grounds for appealing the charges,
      and shall state the exact relief requested. The Council may modify or
      excuse the charges upon a finding that the appellant made a good faith
      effort to prevent or remedy the situation that led to the fee, or that the
      required notice was not served upon the responsible person.

SECTION V. Violations.

        Violation of any provision of these regulations is a misdemeanor but the
city official responsible for the enforcement of these regulations may, in his
discretion, charge the violation a petty misdemeanor. Whether misdemeanor or
petty misdemeanor, the punishment in the event of conviction shall be in
accordance with and pursuant to the laws of the State of Minnesota.

SECTION VI. Effective date.

      These regulations are in full force and effect upon due passage and
enactment of this ordinance and publication according to law.

      ADOPTED this 25th day of June 2007.

                                        SIGNED:


                                        __________________________
                                        Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Williams and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

                                      11145
and none voted against the same. The motion was declared duly carried and the
ordinance duly passed and adopted.

Member Husmann then made a motion, seconded by Member Williams, as
follows:

A MOTION THAT A PRECIS FORMAT OF SAID ORDINANCE 434 BE
PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE CITY AND WITH
“OFFICIAL COPY” SO MARKED BE KEPT ON FILE IN THE OFFICE OF
THE CITY ADMINISTRATOR

Upon a roll call vote taken and tallied by the Deputy Clerk, all Members voted in
favor thereof, viz;

       Greg Husmann         Yes
       Joy Rockwell         Yes
       Ben Rudert           Yes
       Dale Williams        Yes
       Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried.

Police Chief Todd Nelson was directed to send all landlords with property in the
City of La Crescent a full copy of the adopted ordinance and to set up a seminar
for the landlords to review the ordinance and assist them on doing background
checks and owners/tenants rights.

ITEM #3.5 – SCHOOL CROSSING GUARD AGREEMENT

Police Chief Todd Nelson reviewed a proposed agreement between the City of
La Crescent and Independent School District No. 300 for two adult crossing
guards. It was felt that with the reconstruction of South 3rd Street into a four-lane
highway, it would be in the best interest of the residents of the City to ensure
safe passage to and from school. Following discussion, Member Rudert
introduced the following resolution and moved its passage and adoption:

                           RESOLUTION NO. 06-07-10

   RESOLUTION APPROVING AN AGREEMENT WITH INDEPENDENT
   SCHOOL DISTRICT NO. 300 TO PAY 50% OF THE WAGES FOR TWO
  ADULT CROSSING GUARDS ON SOUTH 3RD AND ELM STREETS FOR
                 THE SCHOOL YEAR 2007-2008

                                       11146
       WHEREAS, the City of La Crescent and Independent School District No.
300 have a mutual interest in ensuring the safety of children as they cross South
3rd and Elm Street traveling to and from school, and

     WHEREAS, the crossing guards shall be Independent School District
employees.

       NOW THEREFORE BE IT RESOLVED that the City of La Crescent
approves the agreement to pay for 50% ($2,121.00) of wages for up to and
including two crossing guards at current, hourly rates established by
Independent School District, including employer’s share of Social Security and
Medicare within thirty (30) days of the invoice date with the expenditure being
taken from the unexpended funds in the bus purchase account.

      FURTHER BE RESOLVED that City Finance Director is authorized to
make the appropriate budget adjustment to the unexpended funds in the bus
purchase account.

      ADOPTED this 25th day of June 2007.

                                         SIGNED:


                                         __________________________
                                         Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Williams and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes


                                      11147
and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.6 – MAINTENANCE FACILITY BUILDING EXPANSION

Council discussed the possible construction of a 16’ x 60’ lean-to addition to the
cold storage building at the maintenance facility. Currently the site being used
by La Crescent Animal Rescue at the maintenance facility will no longer be
available and Animal Rescue would use the lean-to facility until a new animal
shelter facility is constructed. Following vacation of the addition by La Crescent
Animal Rescue, the City’s maintenance department would use the structure for
the storage of equipment. The City Administrator reviewed the two proposals
received for the addition and following discussion Member Rudert introduced
the following resolution and moved its passage and adoption:

                          RESOLUTION NO. 06-07-11

    RESOLUTION ACCEPTING THE PROPOSAL FROM VOSS & SONS
       CONSTRUCTION IN THE AMOUNT OF $16,150.00 FOR THE
   CONSTRUCTION OF A 16’ X 60’ LEAN-TO ADDITION TO THE COLD
    STORAGE BUILDING AT THE CITY’S MAINTENANCE FACILITY

      WHEREAS, construction at the City’s maintenance shop will result in the
elimination of the area currently used as an animal shelter by La Crescent
Animal Rescue, and

      WHEREAS, the cold storage building at the City’s maintenance facility
was designed to allow for the addition of a lean-to, and

       WHEREAS, the City Council feels it would be in the best interest of the
citizens to construct a lean-to, which would temporarily house stray animals
until La Crescent Animal Rescue is able to construct their own containment site,
and

      WHEREAS, the lean-to would eventually be used by the City maintenance
department for the storing of equipment, and

      WHEREAS, the City advertised and received two proposals as follows:

                   COMPANY                       PROPOSAL
         Voss and Sons Construction           $16,150.00
         Wieser Brothers Construction         $22,943.00

                                      11148
      NOW THEREFORE BE IT RESOLVED, that the City approves the
proposal from Voss and Sons Construction in the amount of $16,150.00, which
funds will be taken from the Sewer Department reserve.

       FURTHER BE IT RESOLVED that the City Finance Director is authorized
to make the appropriate budget adjustments to the 2007 sewer department
reserves budget.

       ADOPTED this 25th day of June 2007.

                                          SIGNED:

                                          __________________________
                                          Mayor

ATTEST:

______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Rockwell and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

       Greg Husmann         Yes
       Joy Rockwell         Yes
       Ben Rudert           Yes
       Dale Williams        Yes
       Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.7 – MNDOT PROJECT

Council reviewed a letter of denial from the MNDOT District Engineer regarding
the City’s request to install a left turn lane at Main Street for southbound traffic
to access the business/commercial areas located east of the highway as part of
the bridge project. They also considered a letter from Yaggy Colby regarding the
median on T. H. 61 and the turn lane geometrics at the intersection with
Sycamore Street and Hillview Boulevard. Following discussion, Member

                                       11149
Williams made a motion, seconded by Member Rockwell, as follows:

MOTION AUTHORIZING THE CITY ADMINISTRATOR TO FORWARD
THE CORRESPONDENCE FROM YAGGY COLBY REGARDING THE
TURNING MOVEMENTS AND THE LEFT TURN LANE AT SYCAMORE
(HEREBY ATTACHED AND MARKED #3.7) TO DETERMINE IF THIS CAN
BE INCORPORATED INTO THE BRIDGE RECONSTRUCTION PROJECT

Upon a roll call vote taken and tallied by the Deputy Clerk, all Members voted in
favor thereof, viz;

             Greg Husmann                Yes
             Joy Rockwell                Yes
             Ben Rudert                  Yes
             Dale Williams               Yes
             Mike Poellinger             Yes

and none voted against the same. The motion was declared duly carried.

Following further discussion, Member Williams made a motion, seconded by
Member Rockwell, as follows:

MOTION AUTHORIZING YAGGY COLBY TO EVALUATE A LEFT TURN
AT MAIN STREET FOR SOUTHBOUND TRAFFIC TO ACCESS THE
BUSINESS/COMMERCIAL AREA LOCATED EAST OF THE HIGHWAY AS
PART OF THE BRIDGE PROJECT

Upon a roll call vote taken and tallied by the Deputy Clerk, the following
Members voted in favor thereof, viz;

             Joy Rockwell                Yes
             Ben Rudert                  Yes
             Dale Williams               Yes
             Mike Poellinger             Yes

and Member Husmann abstained. The motion was declared duly carried.

ITEM #3.8 – CALL FOR PUBLIC HEARING TO REPLACE WATER SERVICE

City Administrator Bill Waller informed the Council that the water service to a
property at 326 North 1st street had developed a leak in the paved section of the
street between the water main and the curb box, which by City policy is the

                                      11150
responsibility of the property owner to fix. As the existing water service in that
location is old galvanized pipe and future problems can be expected and the
property owner did not fix the leak, it was felt that it would be in the best
interest of the City to replace the existing water service. City Administrator Bill
Waller informed the Council that quotations had been obtained for this work,
but as the costs would be assessed back to the abutting property owner, a public
hearing must be called for to consider the public improvement. Following
discussion, Member Rudert introduced the following resolution and moved its
passage and adoption:

                           RESOLUTION NO. 06-07-12

A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER THE
               PUBLIC IMPROVEMENT IN 2007

       WHEREAS, Council has considered a recommendation to consider the
replacement of a water service between the water main and the curb stop on a
property located at 326 North 1st Street, and

      WHEREAS, by City policy, the responsibility to repair the water service is
the homeowners, and

        WHEREAS, the homeowner did not fix the leak in the water service and
as the water service is old galvanized pipe, problems will continue if the service
is not replaced, and

       WHEREAS, no petition has been received for the replacement of the water
service located at 326 North 1st, and

        WHEREAS, it is considered desirable by the City Council to proceed with
the necessary steps to correct this leak in a water service located at 326 North 1st
Street.

      FURTHER BE IT RESOLVED, that the City Council directs a public
hearing be held on July 23, 2007, at 6:00 p.m. for the purpose of hearing
comments on proposed public improvements located at 326 N. 1st Street.

       BE IT ALSO RESOLVED, that the City Administrator is hereby authorized
and directed to send the required and necessary notice of public hearing to the
affected property owner and to cause said notice of public hearing to be
published in the official newspaper for the City and to cause said notices to be
posted in the City as required by law.

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      ADOPTED this 25th day of June 2007.

                                         SIGNED:


                                         __________________________
                                         Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Williams and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.9 – REMOVE OLD TENNIS COURTS AT FJK MEMORIAL PARK

City Administrator Bill Waller recommended to the Council that the old tennis
courts at the Frank J. Kistler Memorial Park, which have not been used since 2003
when the City’s insurance carrier advised that the City close the court, be
removed and seeded with grass. This would be done with City labor and
equipment and bear no direct costs for the project. Presently, the construction of
two new tennis courts had been included in the Outdoor Recreation Grant
application that the City had submitted in the past and would hope to be able to
submit in the future. Following discussion, Member Rockwell made a motion,
seconded by Member Rudert, as follows:

MOTION TO APPROVE THE REMOVAL OF THE TENNIS COURTS
LOCATED AT THE FRANK J. KISTLER MEMORIAL PARK WITH CITY

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EQUIPMENT AND MAINTENANCE PERSONNEL

Upon a roll call vote taken and tallied by the Deputy Clerk, all Members voted in
favor thereof, viz;

             Greg Husmann               Yes
             Joy Rockwell               Yes
             Ben Rudert                 Yes
             Dale Williams              Yes
             Mike Poellinger            Yes

and none voted against the same. The motion was declared duly carried.

ITEM #3.10 – PURCHASE NEW FLAGPOLES AT VETERAN’S PARK

Council reviewed proposals for three new flagpoles at Veteran’s Park that would
replace an existing 40’ pole and add two new 35’ flagpoles on each side of the
higher poles. Following discussion, Member Husmann introduced the
following resolution and moved its passage and adoption:

                          RESOLUTION NO. 06-07-13

RESOLUTION ACCEPTING THE PROPOSAL FROM LA CROSSE COUNTY
 FLAG AND POLE FOR THE PURCHASE OF ONE 40’ POLE AND TWO 35’
           POLES TO BE PLACED IN VETERAN’S PARK

       WHEREAS, the City of La Crescent is desirous to replace the existing 40’
flagpole at Veteran’s Park and add two new 35’ flagpoles on each side of the 40’
pole, and

      WHEREAS, the City has received the following proposals :

            COMPANY                                       PROPOSAL
            LA CROSSE COUNTY FLAG AND POLE                $5,401.60
            LA CROSSE SIGN                                $6,530.00

        NOW THEREFORE BE IT RESOLVED, that the City of La Crescent
approves the proposal from La Crosse County Flag and Pole in the amount of
$5,401.60 to replace the existing 40’ flagpole at Veteran’s Park and add two new
35’ flagpoles on each side of the higher pole.

      FURTHER, as part of the project, electricity will be extended so that the

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flagpoles can be lit at night and the monument that is attached to the old flagpole
will be moved.

       FURTHER BE IT RESOLVED that this expenditure will be expended from
the 2007 Capital Improvement Fund and the City Finance Director is authorized
to make the appropriate budget adjustments to the 2007 Capital Improvement
Fund.

      ADOPTED this 25th day of June 2007.

                                         SIGNED:


                                         __________________________
                                         Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Williams and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.11 – DONATION - AMERICAN LEGION TO CHAMBER OF
COMMERCE

Council reviewed a donation from American Legion Post #595 to the La Crescent
Chamber of Commerce for their annual Slice of Life 5K Run/Walk following
which Member Rudert introduced the following resolution and moved its
passage and adoption:

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                           RESOLUTION #06-07-14

RESOLUTION ACCEPTING DONATION FROM THE AMERICAN LEGION
POST 595 FOR THE LA CRESCENT CHAMBER OF COMMERCE ANNUAL
                  SLICE OF LIFE 5K RUN/WALK

       WHEREAS, monies have been donated by American Legion Post 595 to
the La Crescent Chamber of Commerce Slice for their annual Life 5K Run/Walk,
and

       WHEREAS, the City Council feels that the donation will benefit all
citizens of the area,

      NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

      1. That the City Council of the City of La Crescent formally accepts the
donation to the La Crescent Chamber of Commerce for their annual Slice of Life
5K Run/Walk in the amount of $100.00 from the American Legion Post 595.

       2. That the City Finance Director is authorized and directed to make the
appropriate revenue and expenditure budget adjustments as needed to reflect
this donation use.

      ADOPTED this 25th day of June 2007.

                                        SIGNED:


                                        __________________________
                                        Mayor

ATTEST:


______________________
Deputy Clerk

The foregoing motion was duly seconded by Member Williams and upon a roll
call vote taken and tallied by the Deputy Clerk, all Members voted in favor
thereof, viz;


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      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried and the
resolution duly passed and adopted.

ITEM #3.12 – BLOCK PARTY REQUEST

Council discussed a request to block off Juniper Street from 12th Street to 14th
Street for a block party to be held on July 7, 2007. Following discussion Member
Williams made a motion, seconded by Member Rudert, as follows:

A MOTION TO ALLOW A BLOCK PARTY ON JUNIPER STREET ON JULY
7, 2007

Upon a roll call vote taken and tallied by the Deputy Clerk, all Members voted in
favor thereof, viz;

      Greg Husmann         Yes
      Joy Rockwell         Yes
      Ben Rudert           Yes
      Dale Williams        Yes
      Mike Poellinger      Yes

and none voted against the same. The motion was declared duly carried.

Various items of correspondence were then presented to the Council. There
being no specific action taken on any of the items as presented, they were
ordered placed on file.

It being 6:23, Council convened in closed session to discuss pending litigation in
the matter of La Crescent T-1, LLC, a Minnesota Limited Liability Corporation v.
City of La Crescent, pursuant to Section 13D.05 Subd. 3(b), Minnesota General
Statutes.

It being 6:50, Mayor Poellinger reconvened the regular City Council meeting.
Member Rudert then made a motion, seconded by Member Williams, to adjourn
the meeting. Upon a roll call vote taken and tallied by the Deputy Clerk, all
Members present voted in favor thereof, viz;

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      Greg Husmann       Yes
      Joy Rockwell       Yes
      Ben Rudert         Yes
      Dale Williams      Yes
      Mike Poellinger    Yes

and none voted against the same. The motion was declared duly carried and the
meeting duly adjourned at 6:51 PM.

            APPROVAL DATE:        July 9, 2007.

                                       SIGNED:


                                       __________________________
                                       Mayor

ATTEST:


_________________________
Deputy Clerk




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