Albert Lea, MN                                                                                         October 22, 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 City Manager Paul Sparks, Public Works Director David Olson, City Attorney Steven Schwab, Acting Council Secretary Pat Johnson and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.

CONSENT AGENDA

(a)            APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF OCTOBER 8, 2001.

  (b)            LICENSES AND BONDS APPROVED:

  TEMPORARY LICENSE

  PUBLIC DANCE

Dennis Hill, Box 245, Kiester, for the National Guard Armory on October 20

(c)   RESOLUTION 01-235 ADOPTED – CALLING A HEARING FOR MISCELLANEOUS ASSESSMENTS:  Resolution 01-235  calls a public hearing for Miscellaneous Assessments Roll 34 for November 26, 2001.

(See Secretary’s Original Resolution

 01-235 included with these minutes.)

 (d)  CALLS A PUBLIC HEARING FOR NOVEMBER 12, 2001, FOR TRANSFER OF THE FOUNTAIN WAREHOUSE LIQUOR OFF-SALE LIQUOR LICENSE FROM FOUNTAIN WAREHOUSE LIQUOR INC. TO FREEMAN FAMILY OF ALBERT LEA INC.

(e)     RESOLUTION 01-236 ADOPTED - CLAIMS:  Resolution 01-236 presents the financial claims of the City.

                                                        (See Secretary's Original Resolution

                                                        01-236 included with these minutes.)

Councilor Brooks moved, Councilor Amundson 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.

RESOLUTION 01-237 ADOPTED – CALLING A PUBLIC HEARING REGARDING PROPOSED SALES TAX

  Destination Albert Lea, Inc. appeared before the Council requesting legislation establishing a one percent sales tax for a period of twenty years to fund projects for lake restoration as well as historic preservation of the downtown area.

Dan Hopper, 715 W. Park Avenue, appeared stating he had gotten involved through his daughter who is doing her thesis in college on the historic value and restoration of downtown Albert Lea.  He stated these projects will take a commitment of time and resources by the whole community.

Mary Ellen Johnson, 331 Willamor Circle, reported the group formed in July and had researched the Public Library and found numerous publications listing the historic value of Albert Lea including the National Register of Historic Places, Quie Consulting, Vision 2010, Business Extension … and First Impressions.  She stated that in 1980 grants were made available from the State of Minnesota for cities establishing a heritage committee.  Plans for the committee and a model ordinance are available through the National League of Cities.

Eloise Adams, 1322 Fountain Street, reported she had recently been involved in the Rendezvous and found that it informs the children about their heritage.  She stated we need to maintain and preserve the community for our children and grandchildren.  We want to encourage our children to return to this community.  She also noted that the burden of this project will not only be paid by local residents but also by anyone visiting the community through the sales tax.

Anthony Trow, 522 Park Avenue, stated there are four lakes in and around the City of Albert Lea.  The lakes are filling with silt from run off.  East Main Street floods regularly during heavy rains.   He stated that this is not a project, but the beginning of a long process to improve our community.

Ken Nelson, Rt. 3 – Box 57, Albert Lea, appeared stating he is a lifelong resident of Albert Lea.  He referred the council to the pie chart provided indicating sales tax money would come 32 percent from visitors to the city, 24 percent from local businesses and 44 percent from local residents.  He asked the council to lay the groundwork for restoring our beautiful lakes.  He wants our children to be proud of where they live.

Randall Erdman, 210 2nd Avenue, appeared, stating the first step necessary to qualify for State grants is a resolution from the City in support of the sales tax which would then be sent to the Legislature for its approval.  It would then come back to the City and the public for a referendum vote.  Mr. Erdman listed many Minnesota and Iowa cities having special sales taxes and listed the various projects for which the monies were used.   Mr. Erdman reported that local government and automobiles would be exempt.  He stated it would cost the average family 13 cents per day.   He reported that the split would probably be 65 percent towards lake restoration and 35 percent towards historic preservation of the downtown area.

Councilor Marin questioned whether any comments, pro or con, had been received from local businesses.

Mary Ellen Johnson stated she is a local business owner and everyone she has spoken to would be in favor of the project.  She stated a consultant could be hired to come in and recommend a plan and that the City could be given easements on the facades of the buildings.

City Manager Sparks stated we already have a plan and questioned how much money private business owners would be willing to put into the project.

Council Brooks asked if a one-half percent sales tax would be more acceptable to the community.

Mrs. Johnson stated that improving the lakes is a big project and she did not believe it would make a big difference to the public if the tax was one-half or one percent.  She stated that as she understood it, if the project gets completed, then the sales tax would be gone.   She hopes to revive a night life in the downtown area.  Ms. Johnson was asked whether the Chamber of Commerce had been approached on the sales tax issue.

Alvin Pelvit, 1422 Sunset, stated the Chamber of Commerce had not heard a formal presentation from the committee.

Karen Smed, 622 E. Park, stated she had been working on this project for six years.   She reported that establishing a preservation or review board would qualify the group for enormous grant monies.  She noted that many of the downtown buildings have glass blocks which have been covered over through the years with aluminum awnings and she would like to see them restored to their original beauty.  She also stated it may be necessary to form a tax increment financing district in the downtown area and that the ultimate goal would be to make Albert Lea a destination point drawing in business and that according to the State Preservation Board, Albert Lea has the most intact historic buildings in the state.  She noted the city has great potential to draw in business with its beautiful lakes but that this has to be a “we plan”, we all have to want it.

When questioned about who would control the money, Randall Erdman stated that the money would be controlled by the City Council.

Karen Dooley, 106 Ridge Road, stated she had lived in the community for a year and has seen a deterioration in the community during that time.  There are many homes for sale.  Good paying jobs are going unfilled and we are losing students in the School District.  Restoring the downtown and cleaning the lakes would be a great asset for the community and sometimes you have to spend money to make money.

Patrick L. Corrigan, 814 Frank Hall Drive, appeared stating he is a lifelong resident and supports the project however he suggests the rate be reduced to one-half percent and that this also be extended out into the county.

Anthony Trow, stated Albert Lea is a trade center and we should do what we think we can accomplish.

Brad Arends, 503 Park Avenue, stated his business has grown from 20 employees to 70 with the help of the City.  He is an advocate for what they are attempting to do and feels we need to improve the quality of life in Albert Lea to attract outsiders.

Mayor Haukoos stated he owns property in the downtown area and would feel uncomfortable voting on this project and would therefore abstain.

City Manager Sparks said he is aware of the difficulties in assessing to the watershed and felt that a sales tax would be a better way to obtain the funds for cleaning up the lakes.

Further discussion center around the procedure involved in establishing the sales tax and that approval at this meeting merely would send it to the Legislature for its deliberations.   If it were approved at the State level, it would be returned to the Council and then to the public for a referendum vote.

Mr. Erdman stated that if a resolution was not received at the State level by December the project would have to wait two more years.

Councilors Sorenson and Brooks expressed concern that this was an initial meeting and they were uncomfortable voting on the issue at this time.  They would like to receive more input from other residents in the community.  Councilor Brooks moved that the matter be tabled until the next regular council meeting.  Councilor Marin seconded the motion.  

After additional discussion, Councilors Brooks and Marin withdrew their motion to table the sales tax issue.  Councilor Brooks moved, Councilor Marin seconded, that Resolution 01-237, calling a public hearing for November 12th to take public input regarding a one percent sales tax, be approved.   On roll call vote, all councilors voted in favor of said motion with the exception of Mayor Haukoos who abstained.  Mayor Haukoos declared the motion carried and the public hearing called.

 

(See Secretary’s Original Resolution

01-237 included with these minutes.)

REQUEST FOR ALLEY VACATION DENIED

City Manager Sparks stated the City had received a request from Clifford Kwapick to close the alley between two parcels of land he owns east of Lake Avenue between Clark Street and William Street in Block 10, Original Plat.

Grace Skaar, Rt. 3 Hayward, appeared in opposition to the alley closing stating they own the property adjacent to Mr. Kwapick and if the alley were closed it would make it impossible for them to use their garage.

City Manager Sparks stated that if an adjacent property owner objects to the vacation, the alley cannot be closed.  He also reported there are various utilities in the alley and access would need to be preserved.

Councilor Kron moved, Councilor Marin seconded, that the request of Clifford Kwapick for vacation of the alleyway in Block 10, Original Plat as outlined, be denied.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the request denied.

ALLEY VACATION REFERRED TO CITY CLERK

City Manager Sparks reported that the City had received a request from MHS Leasing, Inc. to vacate the north/south alley between Fountain Street and Water Street in Block 2, Original Plat.  MHS Leasing, Inc. owns all the property included in that block.  The alley has been paved over and there is no egress onto Fountain Street.  Mr. Sparks stated it would be necessary for the City to reserve an easement for existing utilities in the alleyway.

  Gerald Skaar, Rt. 3, Hayward, questioned whether this alley vacation had anything to do with the previous alley closure requested.

City Manager Sparks stated this was a different area, this involved property previously used for the East Clinic.

Councilor McPherson moved, Councilor Kron seconded, that the matter be referred to the City Clerk to commence vacation proceedings for the north/south alley between Fountain Street and Water Street in Block 2, Original Plat, reserving an easement for existing utilities.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and matter referred.

APPOINTMENTS TO BIKE TRAIL JOINT POWERS BOARD

Mayor Haukoos stated it was necessary to appoint members to the Austin/Albert Lea Joint Powers Board for the bike trail and asked for volunteers or nominations.  No nominations or volunteers being heard, Mayor Haukoos appointed Councilors McPherson, Brooks and Kron.   Councilor Marin moved, Councilor Amundson seconded, that the appoints of Councilors McPherson, Brooks and Kron to the Joint Powers Board for the bike trial, be approved.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the appointments made.

RESOLUTION 01-238 ADOPTED – RESTRICTING PARKING ON HARRIET LANE

Councilor McPherson stated the residents along Harriet Lane are asking for a change in the no parking designation along the north side of Harriet Lane to allow for snow removal during the winter months.

Councilor McPherson moved, Councilor Marin seconded, that Resolution 01-238, restricting the parking on the north side of Harriet Lane from 7:00 A.M. to 2 P.M., every day commencing December 1st and ending March 31st to allow for the removal of snow, 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

01-238 included with these minutes.)

RESOLUTION 01- 239 ADOPTED – APPROVING A CONTRACT WITH MN/DOT

City Manager Sparks stated this resolution approves a contract with the Minnesota Department of Transportation for the City’s portion of costs estimated at $41,259.24 for the relocation of waterline and utility services along West Main Street required by the replacement of the viaduct.

Councilor Kron moved, Councilor Amundson seconded, that Resolution 01-239, approving a contract with the Minnesota Department of Transportation in the amount of $41,259.24 for waterline and utility service relocation along the viaduct on West Main, 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

01-239 included with these minutes.)

RESOLUTION 01-240 ADOPTED – SETTING GROSS RECEIPTS TAX FOR 2002

Councilor Amundson moved, Councilor McPherson seconded, that Resolution 01-240, establishing the gross receipts tax for calendar year 2002 at five percent, 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

01-240 included with these minutes.)  

RESOLUTION 01-241 ADOPTED – APPROVING A CONTRACT FOR AIRPORT IMPROVEMENTS

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 01-241, approving a contract with the Minnesota Department of Transportation, Office of Aeronautics, for airport improvements at a cost of $24,778.00, 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

01-241 included with these minutes.)

RESOLUTION 01-242 ADOPTED – APPROVING A CONTRACT WITH SHORT-ELLIOTT-HENDRICKSON INC.

City Manager Sparks stated that this resolution approves a contract with Short-Elliott-Hendrickson Inc. for professional services involved in investigating the environmental issues related to the Farmland site.

After council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 01-242, approving a contract with Short-Elliott-Hendrickson Inc. for a Phase II environmental Site Assessment at the Farmland Foods plant site at a not to exceed cost of $100,000.00, 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

01-242 included with these minutes.)

RESOLUTION 01-243 ADOPTED – RELATING TO THE PROPOSED TURN BACK OF T.H.16

City Manager Sparks stated the Minnesota Department of Transportation is proposing to make certain improvements to a portion of Trunk Highway 16 located by the Trails Truck Stop.  They are also proposing to turn back that portion of the Highway to the City because it is becoming more urban in character.  If the turn back occurred, it would take effect in the fall of 2002.

Councilor Kron moved, Councilor Amundson seconded, that Resolution 01-243, requesting MN/DOT to continue working with the City on improvements to T.H.16 in the area of the Trails Travel Center and accepting that area as a setback in the fall of 2002 including full maintenance responsibilities, 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

01-243 included with these minutes.)

  PARKING RESTRICTION APPROVED

City Manager Sparks stated the City had received a request from Our Savior’s Lutheran Church for additional yellow curbing in front of the church.  The City Engineer had reviewed the request and determined it was feasible.

After council discussion, Councilor Kron moved, Councilor Marin seconded, that the request for additional yellow curbing in front of Our Savior’s Lutheran Church as outlined by the City Engineer, be approved.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the request granted.

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor McPherson:

a)  Stated there are two 15-minute parking stalls on the northwest corner of the intersection of Clark Street and N. Washington Avenue.  He is requesting that one of those stalls be moved west of the north/south alley on Clark Street.

PUBLIC ITEMS

Mike Murtaugh, 515 Harriet Lane, thanked the council for again reviewing the parking issues along Harriet Lane.  He also thanked Mayor Haukoos, Councilor McPherson and City Engineer Olson for meeting with the neighborhood.

Dennie Galagan, 406 Giles Place, appeared on behalf of local fishermen requesting permission to park their vehicles in the City Beach parking lot while ice fishing on the north shore.   He also asked if the City would plow the snow in the lot. 

City Engineer Olson stated that it would be possible to plow the lot on the second day of snow removal.

Roger Bok, 1012 Cato Drive, appeared before the Council with the following concerns:

a)  Stated at the last meeting he had requested copies of the Minutes outlining that it is not necessary to read all items included on the Consent Agenda.  Questioned whether those Minutes were available for his review and stated he would give $500 to any individual providing those Minutes before the next Council meeting.

City Manager Sparks explained that it is not in the Minutes.  That it was done through discussion with the Mayor, the presiding officer at the time.

b)  Complained he was barred from talking at the Council meetings for many years.  Complained that the City Council was carrying out business behind closed doors.

Mayor Haukoos responded the Council was not carrying on business behind closed doors and warned Mr. Bok he would be barred from speaking at these meetings if he continued attacking the Council.

c)   Stated statute required the agenda must be posted on a public board in the hall.

City Manager Sparks stated the agenda is available on the seats in the Council Chambers and the full agenda is available for the public as required by law.

Mr. Bok stated the law requires the full agenda be posted in a public place for a minimum of 24 hours and a maximum of 72 hours before the meeting.

d)  Complained that he is only allowed to speak for five minutes while the Destination Albert Lea group was allowed to go on for an hour.

Mayor Haukoos stated each individual of that group was allowed to speak just five minutes. 

e)  Stated that items were not to be added to the agenda after the agenda was posted.

Mayor Haukoos told Mr. Bok he would not be allowed to speak at future council meetings until he apologized to each council member for accusing them of conducting business behind his back.

ADJOURNMENT – 9:26 P.M.

Councilor Brooks moved, Councilor Amundson 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, November 12, 2001.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declar

 

ed the motion carried and the meeting adjourned.

Filed and attested October 23, 2001.

 

________________________                                     _____________________________

Acting Secretary of the Council                                          Mayor