Albert Lea, MN
November 12, 2002
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 T. Sparks, City Attorney Steven Schwab, Public Works Director David
R. Olson, Council Secretary Sandi Behrens and representatives from KATE Radio
and the Albert Lea Tribune.
The City Council recited the Pledge of Allegiance and Councilor Marin recited
the Serenity Prayer.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF OCTOBER 28, 2002.
(b) LICENSES APPROVED:
ANNUAL LICENSE
FOOD/BEVERAGE
Albert Lea Produce, 22482 810th Avenue, Hayward, MN
(c) RESOLUTION 02-233 ADOPTED - APPROVING A LOT SPLIT/COMBINATION IN SECOND
AND THIRD HOME ADDITION: Resolution 02-233 approves an administrative survey
for Lots 12 and 13, Block 26, and adjacent vacated alley and Outlot 4, Second
and Third Home Addition for Advance Auto Parts.
(See Secretary's Original Resolution 02-233 included with these minutes.)
(d) Calls a public hearing for the issuance of an on-sale and Sunday on-sale
intoxicating liquor license for Village Chateau Motor Inn (Fred Cobb), at the
Budget Host Albert Lea Inn, 2301 East Main Street, for November 25, 2002.
(e) Calls a public hearing for the transfer of the on-sale and Sunday on-sale
intoxicating liquor license for Brian Johannsen d/b/a Andy's Road House Bar and
Grill from 2301 East Main Street to 326 South Broadway for November 25, 2002.
(f) RESOLUTION 02-234 ADOPTED - CLAIMS: Resolution 02-234 presents the
financial claims of the City.
(See Secretary's Original Resolution 02-234 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.
LEAF BURNING BAN - PUBLIC HEARING
Mayor Haukoos opened a public hearing to discuss the possibility of a leaf
burning ban. The necessary notice for this hearing was published on November 5,
2002.
Sandra Chapman, 1438 Frank Hall Drive, appeared in favor of the ban noting that
many people suffer from upper respiratory illnesses and these increase during
the leaf burning period of the year.
Jim Bronson, 819 Freeborn, questioned what residents are to do with leaves if a
ban is put in place.
John Hibbard, 401 Meredith Road, stated that the limitations placed on leaf
burning are too concentrated causing much more smoke and odors. He feels that
the leaf burning period should be expanded during the three-week period which
would cause less concentration.
Pat Corrigan, 814 Frank Hall Drive, told the Council that the smoke and odors
are getting worse every year and that many people are burning more than leaves.
He is in favor of a ban.
Nancy Vanderwaerdt, 1434 Martin Road, told the Council that she recently visited
Sioux Falls and that they have drop off points for leaves. The City hauls the
leaves to the compost site after the leaves have been dropped off.
Lyle Boelter, 1918 Wilby Road, suggested the Council consider permitting longer
hours on burn days.
Mark Rofshus, 1505 Seath Drive, is in favor of the burning ban. The City could
provide other options for leaf disposal for those who cannot get leaves to
landfill.
Mark Jones, 216 ½ Fountain, appeared in favor of burning as currently permitted
noting that there are only nine afternoons per year that burning is permitted.
Keith Register, Clarks Grove, noted that his son has 15 acres and would have no
other way to dispose of leaves. He is opposed to a burning ban.
Vern Ogren, 1604 West Richway Drive, appeared in favor of a ban and suggested
using a collection program.
Glen McDaniel, 701 Garfield Avenue, told the Council that he mulches his leaves.
Sarah Aeikens, 319 Vine Avenue, supports the ban noting that residents have
other alternatives for leaf disposal.
Gerald Skaar, 109 Lake Avenue, appeared in favor of a ban.
Mayor Haukoos noted that he has received many calls and that the City has
received letters in favor of a burning ban.
City Manager Sparks explained that Owatonna and Austin prohibit burning and have
compost sites for leaf disposal. He noted that alternatives to this are
expensive.
John Hibbard, 401 Meredith Road, suggested the City assess a fee to residents,
similar to recycling fee, which would encourage people to use the supported leaf
removal option.
Jim Bronson, 819 Freeborn, asked whether controlled burning would be banned.
Councilor Marin suggested extended hours at the compost site.
Julie Lokken, 2129 North Bridge, a City employee at the transfer station,
informed the Council that the drop off days are very busy and that she is in
favor of extending the hours to better serve the community.
City Manager Sparks told the Council that he could prepare a budget for
extending hours at the compost site and alternatives to burning.
Councilor Brooks moved, Councilor Marin seconded, that the City Manager prepare
a report to the Council listing alternatives to leaf burning. After Council
discussion, it was the consensus of the majority that the item be brought back
to the Council at the first meeting in January. On roll call vote, all
Councilors voted in favor of said motion with the exception of Councilor
McPherson and Mayor Haukoos who voted nay. Mayor Haukoos declared the motion
carried and the public hearing closed.
EAGLES CANCER FUND-RAISING PROJECT APPROVED
City Manager Sparks explained that the Eagles Cancer Committee has requested
approval for special use of the alley behind the Eagles Building and four to six
parking stalls in the parking lot near the handicap entrance on Saturday,
January 11, 2003 from 8 a.m. to 4 p.m. The group is also requesting permission
to post placards advertising the project and a proclamation by the Mayor
renaming the alley to Eagle Lane for the day.
After Council discussion, Councilor McPherson moved, Councilor Kron seconded,
that the request of the Eagles Cancer Committee be approved. On roll call vote,
all Councilors voted in favor of said motion. Mayor
Haukoos declared the motion carried and the request approved.
RESOLUTION 02-235 ADOPTED - APPROVING AN AGREEMENT FOR LIFT STATION MAINTENANCE
City Manager Sparks explained that this resolution approves an agreement with
Freeborn County to provide lift station maintenance to the County's only lift
station serving the Exol plant. The County does not have personnel on staff to
carry out the function and it will pay the City $6100 for the maintenance
activity.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that
Resolution 02-235, approving an agreement with Freeborn County for lift station
maintenance, be adopted. 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 02-235 included with these minutes.)
RESOLUTION 02-236 ADOPTED - APPROVING SALE OF LOT 1, BLOCK 3, LAKEVIEW TERRACE
City Manager Sparks told the Council that this resolution authorizes the sale of
Lot 1, Block 3, Lakeview Terrace to Mary Ditlevson at a purchase price of
$10,000.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded,
that Resolution 02-236 approving the sale of Lot 1, Block 3, Lakeview Terrace to
Mary Ditlevson for $10,000, 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 02-236 included with these minutes.)
RESOLUTION 02-237 ADOPTED - APPROVING SALE OF LOT 3, BLOCK 2, DAWN ACRES
SUBDIVISION
City Manager Sparks explained that this resolution authorizes the sale of Lot 3,
Block 2, Dawn Acres Subdivision to Sarah Lee at a purchase price of $10,000.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that
Resolution 02-237 approving the sale of Lot 3, Block 2, Dawn Acres Subdivision
to Sarah Lee for $10,000, 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 02-237 included with these minutes.)
RESOLUTION 02-238 ADOPTED - APPROVING AUDIT CONTRACT FOR 2002
City Manager Sparks reported that this resolution approves an audit agreement
for 2002 with Larson, Allen, Weishair & Co., LLP at a fee between $16,000 and
$20,000.
After Council discussion, Councilor Brooks moved, Councilor McPherson seconded,
that Resolution 02-238, approving an audit contract with Larson, Alley, Weishair
for the 2002 year, 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 02-238 included with these minutes.)
RESOLUTION 02-239 ADOPTED - CALLING A HEARING FOR A WATER AND SEWER RATE
INCREASE
City Manager Sparks suggested that the City Council set a public hearing date
for the discussion of water and sewer rate increases on December 9, 2002. He
explained that the need for the increases comes from the loss
of the Farmland plant, the City's largest utility system customer. He is
suggesting a rate increase between 15 and 20 percent on both sewer and water.
He will provide a specific recommendation as soon as a study of the utilities
financial needs is complete. He noted that the staff is suggesting a change
from quarterly billing to monthly billing at the same time to help residents
manage the increase.
Jay Hibbard, Albert Lea ElectroPlating, asked where the lost revenue occurred.
City Manager Sparks told him that it was as a result of the Farmland plant
closing.
John Hibbard, Albert Lea Plating, asked what the amount of loss from Farmland
was. City Manager Sparks told Mr. Hibbard that it is approximately $600,000 for
sewer and $125,000 for water. The adjustment will occur across the spectrum.
After Council discussion, Councilor Marin moved, Councilor Kron seconded, that
Resolution 02-239, calling a public hearing for a water and sewer rate increase
for December 9, 2002, 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 02-239 included with these minutes.)
RESOLUTION 02-240 ADOPTED - APPROVING IMPROVEMENT AGREEMENT WITH WAL-MART
City Manager Sparks noted that this resolution approves the tentative agreement
with Wal-Mart for the development of a new store. He explained that one
provision that is not in the contract that is still being discussed is how the
City would be reimbursed for its out-of-pocket expenses if Wal-Mart decides not
to build a store. The City has told Wal-Mart that it will enter into a contract
if Wal-Mart agrees to reimburse the City for our expenses incurred prior to the
beginning of construction. The City will incur expenses for engineering design
and Wal-Mart will be required to reimburse the City if they choose not to build
a store. Mr. Sparks also noted that timelines and penalties need to be
determined.
After Council discussion, Councilor Sorenson moved, Councilor Kron seconded,
that Resolution 02-240, approving an improvement agreement with Wal-Mart, 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 02-240 included with these minutes.)
RESOLUTON 02-241 ADOPTED - APPROVING AN ENGINEERING CONTRACT
City Manager Sparks reported that the City has discovered molybdenum in its
sludge from the Waste Water Treatment Plant. He noted that the levels are
currently below restricted limits but that this could be a serious problem if
they rise and exceed federal standards. The contract is with Fox Engineering in
the amount of $16,250 and the company will explore other allowable metals and
limits for the City sludge and for our pretreatment regulations. Mr. Sparks
told the Council that the City needs to have an evaluation so that we have
accurate data to aid us in identifying where the problem is coming from, what
kinds of restrictions need to be put in place and what has to happen if we have
future problems that are more serious than they are now.
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that
Resolution 02-241, approving an engineering contract with Fox Engineering in the
amount of $16,250 for evaluating the molybdenum problem, 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 02-241 included with these minutes.)
RESOLUTION 02-242 ADOPTED - APPROVING BID FOR JOB 0223
City Manager Sparks explained that the City accepted bids for Job 0223, sanitary
sewer lining on Pearl Street between Broadway Avenue and Newton Avenue. He
noted that the engineer's estimate for this project was
$183,000 and that the low bid was submitted by Insituform Technologies USA,
Inc., Chesterfield, MO, in the amount of $159,361.00. He recommended approval
of this bid.
After Council discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-242, approving the bid of Insituform Technologies USA in the
amount of $159,361.00 for Job 0223, sanitary sewer lining on Pearl Street
between Broadway Avenue and Newton Avenue. 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 02-242 included with these minutes.)
RESOLUTION 02-243 ADOPTED - APPROVING BID FOR JOB 0215
City Manager Sparks reported that the City accepted bids for Job 0215, the 2002
Stormwater Detention Pond Contract No. 2, the construction of a stormwater
detention pond in the triangle of Lake Chapeau Drive and Sunset Street designed
to filter out solids and contaminates from approximately 90 acres. The
engineer's estimated was $56,476.00. Mr. Sparks recommended award to Freeborn
Construction, Albert Lea, for Job 0215 in the amount of $39,195.00.
Councilor Marin moved, Councilor Brooks seconded, that Resolution 02-243,
approving the bid of Freeborn Construction, Albert Lea, for Job 0215 in the
amount of $39,195.00, 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 02-243 included with these minutes.)
RESOLUTION 02-244 ADOPTED - APPROVING A CONTRACT FOR ACCEPTING THE FARMLAND
SITE, DEMOLITION OF BUILDINGS AND ENVIRONMENTAL CLEANUP
City Manager Sparks told the Council that this resolution approves a contract
with Farmland Industries, Seaboard Corporation and Seaboard Farms of Minnesota
accepting the Farmland Foods site, providing the payment for the demolition of
the buildings and the City's acceptance of the environmental cleanup after the
City takes title to the real estate. He noted that the City Attorney would need
to review the final document.
After Council discussion, Councilor Kron moved, Councilor Sorenson seconded,
that Resolution 02-244, approving a contract for accepting the Farmland site,
demolition of buildings and environmental cleanup, 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 02-244 included with these minutes.)
RESOLUTION 02-245 ADOPTED - APPROVING POLICE AND FIRE UNION CONTRACTS
City Manager Sparks explained that the Police and Fire unions have reached an
agreement with the City for a three year contract which is very similar to that
approved by the Public Works union.
After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded,
that Resolution 02-245, approving a three-year contract with Teamsters Local 320
Law Enforcement union and International Association of Fire Fighters Local 1041,
be approved. On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the contracts approved.
(See Secretary's Original Resolution 02-245 included with these minutes.)
RESOLUTION 02-246 ADOPTED - AUTHORIZING JAIBG FUND TRANSFER
City Manager Sparks explained that the Minnesota Department of Economic Security
disperses block grants to local governmental agencies based upon the incidence
of juvenile problems within the local agency's jurisdiction. The Police
Department does not fit into any of the categories and cannot spend the money
and the Freeborn County Attorney's Office fits into several of the expenditure
categories and can utilize
the funds and the State of Minnesota allows the City to join a
multi-jurisdictional partnership with the County Attorney's Office and combine
the City's block grant with the County's grant. The Police Department has
requested that the City Council authorize a multi-jurisdictional partnership
with the County Attorney's Office to allow the expenditure of the City's share
of the block grants for the 2003 calendar year of $5405 to offset the cost of a
full-time juvenile prosecutor with no cost to the City as has occurred each year
since 1998.
After Council discussion, Councilor McPherson moved, Councilor Brooks seconded,
that a multi-jurisdictional partnership with the County Attorney's Office to
allow for the expenditure of the City's share of the Juvenile Accountability
Incentive Block Grant (JAIBG) Funds as outlined above, 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 02-246 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Third Ward, Councilor Marin:
(a) Requested the City Council reconsider assisting the County with
payment for construction work related to the Pearl Street sanitary sewer pipe
lining project and that this item be included on the Council's next regular
meeting agenda.
ADJOURNMENT - 8:45 P.M.
Councilor Brooks 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, November 25, 2002. 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 November 13, 2002.
_______________________________
________________________________
Secretary of the Council
Mayor