Albert Lea, MN                                                                                            November 13, 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, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

 

CONSENT AGENDA

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF OCTOBER 22, 2001.

(b)  LICENSES AND BONDS APPROVED:

ANNUAL LICENSE

SIGN HANGER

Jones Sign Co., 711 Hinkle Street, Green Bay, WI 

TEMPORARY LICENSE

FOOD/BEVERAGE

Stephen D. Gardner, National Guard Explorers, for the Armory October 21

OFF-PREMISES LIQUOR

Jeff Fjelstad d/b/a Aragon Bar for the Armory November 23 and December 8

 

(c)  RESOLUTION 01-244 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-244 approves a lawful gambling application for the Albert Lea Amateur Hockey Association at Eddie’s Bar, 719 Marshall.

(See Secretary’s Original Resolution

01-244 included with these minutes.)

 

(d)  RESOLUTION 01-245 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-245 approves a lawful gambling application for the Albert Lea Amateur Hockey Association at Nasty Habit, 134 West William.

(See Secretary’s Original Resolution

01-245 included with these minutes.)

 

(e)  RESOLUTION 01-246 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-246 approves a lawful gambling application for the Albert Lea Amateur Hockey Association at Andy’s Roadhouse Bar & Grill, 2301 East Main Street.

(See Secretary’s Original Resolution

01-246 included with these minutes.)

 

(f)  RESOLUTION 01-247 ADOPTED - CLAIMS:  Resolution 01-247 presents the

financial claims of the City.

                                                    (See Secretary's Original Resolution

                                                    01-247 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.

FOUNTAIN WAREHOUSE LIQUOR LICENSE TRANSFER APPROVED – PUBLIC HEARING

Mayor Haukoos opened a public hearing for the transfer of the Fountain Warehouse Liquor license from Fountain Warehouse Liquor, Inc. to Freeman Family of Albert Lea, Inc. The necessary notice for this hearing was published on November 2, 2001.  There was no public discussion.

Councilor Kron moved, Councilor Amundson seconded, that the transfer of the Fountain Warehouse Liquor license be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried, the public hearing closed and the transfer approved.

 

RESOLUTION 01-248 ADOPTED - IN SUPPORT OF A LOCAL SALES TAX – PUBLIC HEARING

Mayor Haukoos opened a public hearing to discuss a proposal for a sales tax for Downtown Improvement and Lake System Improvements.  The necessary notice for this hearing was published on November 2, 2001.

Patrick Corrigan, 814 Frank Hall Drive, spoke in favor of a one-half percent 10-year sales tax.

Randall Erdman, 210 North Second Avenue, explained the purpose of Destination Albert Lea’s request for Council support.  He read a breakdown of specific projects as included in the Council’s agenda.  Minnesota Statutes require the City formally request sales tax authority from the Minnesota Legislature.  The group is proposing the money collected be used for Lake Improvement and Downtown Improvement.  The money raised from the sales tax is expected to be $15 million over a ten-year period, with $500,000 to be used for administrative purposes.  If after the improvements are complete, any remaining funds collected from the proposed sales taxes raised will be placed in the City’s general fund.

Dr. Niles Shoff, 2814 Campus Drive, commented that during his term as Albert Lea’s Mayor he fought for lake improvement and the City did purchase and dredge Fountain Lake during his tenure.  This is the first time he has seen a plan that can achieve this goal.  He encouraged the Council to support the sales tax.

Don Sorensen, Route 2, Albert Lea, appeared as chair of the Lake Restoration Committee.  He noted that there are many ways to fund lake improvement.  He encouraged the City and County to work together on the lake improvement project.  He said that even if the Legislature denies this request that there are many places to obtain money for the improvement.  The committee would consider applying for grants but in many cases matching funds are needed to obtain the grants.   He noted that the current volunteers need the support of the community.

Mike Kelly, 208 South Broadway, read a prepared statement relating to his reservations about the implementation of a sales tax.  There is currently no plan in place for lake clean-up.  The interested groups can’t decide whether to draw down the lake or dredge it.

  Amy Belden, 123 Adams, appeared in favor of the sales tax.

Melody Gerhardt, 209 Giles Place, told the Council that she is a student at Albert Lea High School and she is in favor of requesting permission for a local sales tax.  She feels that the Council should let the community vote on this issue.

  Tom Tubbs, 2734 Campus Lane, Chair of the Lake Chapeau Habitat Committee, explained his hope that perhaps some of the funding could be used for Lake Chapeau.  He is in favor of allowing the citizens to vote on the issue.  He doesn’t feel that the one-half percent sales tax would hurt Albert Lea businesses.

  Neil Lang, 1007 West Clark Street, noted that this is one of the most progressive things to happen to the Albert Lea community in many years.

  Karen Meyerson, 106 Ridge Road, appeared in favor of the sales tax and the projects.  She feels that there are numerous safeguards in place including the fact that the community would be able to vote to approve the tax.

  Paul Moore, 1923 South Broadway, questioned what the figure is for people who would be paying the tax.  Randall Erdman explained that the amount paid is based on family income.  Mr. Moore asked the Council to think about instituting a regressive tax; it would be better to implement a City income tax and let the wealthier residents pay for the projects.

  Dale Ehlers, 1620 Canary Drive, noted that he had been involved in lake clean-up for many years.  He suggested that residents should become more involved in lakeshore clean-up.

  Dave Mullenbach, 322 Lloyd Place, thanked the volunteer groups for carrying this forward.  He voiced full support for the sales tax.

  Jim Munyer, 1101 Foothills Circle, feels that the residents should be able to vote on this issue.  He recited a comment from Franklin Roosevelt indicating that the people that get involved deserve the credit.   Those who sit back and do nothing should not fault those who actively support potential solutions to problems.  It is important to do something.

George Ehrhardt, Route 2, Albert Lea, doesn’t have a problem with the sales tax but he doesn’t like the breakdowns of spending up front.  He hopes that the Council will follow the County committee’s recommendations for necessary improvements.  He also asked whether the Destination Albert Lea group will be permitted to decide how the money will be spent.  City Manager Sparks responded that the list of proposed improvements is just a suggestion for the Legislature.  It is not a hard and fast rule.  He further explained that the money spent by the Council is restricted to lakes and downtown improvements.  The Council would consult the County’s Lake Improvement Committee prior to committing to a specific plan. Mayor Haukoos noted that the resolution will include the requirements stated in State Statutes but that the projects will not be split or include specifics.

Randall Erdman noted that the resolution must contain the request for permission to implement a one-half percent sales tax for a ten-year period for specific projects, i.e. lake improvement and downtown improvement, collecting a specific amount of money.  He reminded those in attendance that there is no tax on food or clothing and that the sales tax would cost residents 50 cents for each $100 purchase.

City Manager Sparks noted that after the Legislature approves the local sales tax the City Council can voluntarily bind itself to specific projects within the scope of the Lake Improvement and Downtown Improvement projects.  This must be decided prior to the vote.

Councilor McPherson asked whether the Destination Albert Lea group had a “Plan B” if the legislature doesn’t approve the sales tax and whether the group had considered other sources of financing.

Randall Erdman told the Council that the group has no Plan B, but they have no intent to give up on the proposal.

Don Sorensen stated that the Lakes Committee has looked at other areas of funding, i.e. levies, taxes, etc.  He reminded the Council that visitors to Albert Lea will be paying this tax.  We need to decide how to make it work.

Councilor Brooks reminded the Council that he asked for the hearing and noted that he feels good about the projects and moved to approve the resolution.  Councilor Marin seconded the motion.

Councilor McPherson reminded the other Councilors that if the Council approves this resolution that it needs to support it.

Councilor Marin told the Council that he is proud of the community and reminded those in attendance that this vote is not for or against a sales tax but is merely bring it back to the people for the final decision.  He encouraged support of the tax.

On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution

01-248 included with these minutes.)

HANDICAPPED PARKING STALL AT THE POST OFFICE AUTHORIZED

  City Manager Sparks reported that he had received a request for a handicapped parking stall in front of the Post Office building.  He noted that this appears to be an oversight on the City’s part and suggested that a space should be provided at that location.  He recommended Council approval of a handicapped parking stall on the street in front of the Post Office.

  Councilor Kron moved, Councilor Brooks seconded, that a handicapped parking stall be provided in front of the Post Office building.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the stall authorized.

 

EAGLES CLUB GRANTED USE OF ALLEY AND PARKING STALLS FOR CANCER FUNDRAISER

City Manager Sparks reported that the Eagles Cancer Committee has submitted a request for the use of four to six parking stalls in the parking lot near the Eagles handicapped entrance and use of the alley for its annual fundraising project on January 5, 2002 between 8 a.m. and 4 p.m.

Councilor McPherson moved, Councilor Kron seconded, that the request of the Eagles Cancel Committee be granted.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and permission granted.

 

RESOLUTION 01-249 ADOPTED – APPROVING CHAPEAU SHORES 7TH ADDITION PRELIMINARY PLAT

City Manager Sparks reported that this resolution approves the preliminary plat of Chapeau Shores 7th Addition with the following conditions:

-          Outlots A shall be dedicated to the City except for a portion of Outlot A lying

Northeasterly of the wetland that shall be designated as Outlot B.

-          The watermain system shall be looped during the development of Phase II to

eliminate the dead-end watermain of more than 500 feet of Meadow Lane.

-          A development agreement shall be entered into between the developer and the

City.

-          A 10-foot utility easement should be along the front of the lot lines.

 

After Council discussion, Councilor Marin moved, Councilor McPherson seconded, that Resolution 01-249, approving Chapeau Shores 7th Addition preliminary plat, be approved.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-249 included with these minutes.)

 

SECOND MEETING IN DECEMBER CHANGED TO DECEMBER 20, 2001

City Manager Sparks explained that the Council’s second meeting in December falls on December 24.  He suggested that the Council change this meeting to either 5:30 p.m. on Thursday, December 20 or to a Friday, December 21, morning meeting. 

  After Council discussion, Councilor Amundson moved, Councilor Marin seconded, that the second meeting in December be held at 5:30 p.m. on Thursday, December 20, 2001.

RESOLUTION 01-250 ADOPTED – APPROVING SUPPLEMENTAL BUDGET APPROPRIATIONS

City Manager Sparks explained that he is recommending supplemental budget appropriations to several General Fund accounts from the Unappropriated Fund Balance.  He noted that a number of issues caused the budgets to run over including miscellaneous expense for outside agencies and repair of the sound system for the City Council account, repair  of the lift station for the  Storm Sewer account,  unusual expenses at the City Garage due to cleaning, the heavy snow problems experienced last winter for the Snow and Ice Removal account, increased swimming pool activity which resulted in greater personnel expense for the Swimming Pool account and more revenue received by the Convention and Visitors Bureau tax than anticipated.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that Resolution 01-250, approving supplemental budget appropriations as outlined by the City Manager 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

01-250 included with these minutes.)

 

RESOLUTION 01-251 ADOPTED – APPROVING HOCKEY ASSOCIATION ICE TIME AGREEMENT

City Manager Sparks explained that this resolution approves an agreement with the Albert Lea Hockey Association for ice time at the City Arena.  The group will pay $100 per hour for price ice time and $70 per hour for non-prime time.  This agreement also covers the concession stand.

  Councilor Brooks moved, Councilor Marin seconded, that the Albert Lea Hockey Association ice time agreement, be approved.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-251 included with these minutes.)

RESOLUTION 01-252 ADOPTED – APPROVING FARMLAND ASBESTOS EVALUATION AGREEMENT

City Manager Sparks told the Council that this resolution approves an agreement with Short-Elliott-Hendrickson, Inc. for the study of the necessary asbestos removal at the Farmland plant at a cost of $80,000.  If the Council decides not to proceed with the project, the City will not be obligated to spend any more money than what we authorized for the initial study as the federal and state governments will participate in all of the environmental analyses being done at Farmland.

After Council discussion, Councilor Amundson moved, Councilor Sorenson seconded, that an agreement with Short-Elliott-Hendrickson, Inc. for a Farmland Asbestos Evaluation be approved.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-252 included with these minutes.)

 

RESOLUTION 01-253 ADOPTED – APPROVING DISTRICT 241 ICE TIME AGREEMENT

City Manager Sparks noted that this resolution approves an agreement with School District 241 for ice time at the City Arena at a cost of $50,000 for the 2001-2002 season.

Councilor Brooks moved, Councilor Amundson seconded, that the ice time agreement with School District 241 be approved.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-253 included with these minutes.)

RESTRICTIONS ON REMAINING LIQUOR LICENSE RELEASED

City Manager Sparks reported that the City has restricted the remaining liquor license for the past two years for use by the East Main Street redevelopment project.  There appears to be no active interest in this license and the City Manager is recommending that this license restriction be released to permit a formal application from another interested party.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that the remaining liquor license restricted for use by the East Main Street redevelopment project be released.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the license released.

 

RESOLUTION 01-254 ADOPTED - CLARIFYING OFFER TO FARMLAND FOODS

City Manager Sparks explained that in a letter to Farmland Foods from Mayor Haukoos dated October 8, 2001, a contingency clause was included whereby the City would agree to accept the existing plant site after the completion of a Phase II Environmental Survey by the City. The City’s consultant, Short-Elliott-Hendrickson, has notified the City that in an initial environmental study of results completed at the site, that there is pollution in the areas anticipated of the type expected but nothing out of the ordinary has been found and the City Manager is recommending that the contingency clause be removed from the proposal permitting Farmland to make a decision on the City’s offer.

After Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that the contingency clause included in the offer to Farmland Foods requiring completion of a Phase II Environmental Survey by the City be eliminated thereby clarifying the offer to Farmland. On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-254 included with these minutes.)

 

2002 STREET AND UTILITY CONSTRUCTION PROGRAM PRESENTED

City Manager Sparks told the Council that the proposed Public Works construction program for 2002 is included in the agenda.  He noted that this is a very aggressive package and the City may not be able to accomplish everything included in the proposal.  He suggested that the Council review the projects and indicate whether there are any to be deleted or added.  This would provide the City adequate time to do some preliminary planning and come back to the Council with costs before the construction season program is formalized.

After Council discussion, it was the consensus of the City Council to review the projects and discuss them at a later date.

UNLISTED ITEMS

WARD ITEMS

First Ward, Councilor Amundson:

a)      Noted that he has received telephone calls opposed to leaf burning.  He suggested that the Council revisit this issue and consider an ordinance banning burning of leaves.

Council discussion included a need for revised and expanded hours at the City’s transfer station and a need for better alternatives.

Patrick Corrigan told the Council that residents are burning more than leaves.

Second Ward, Councilor McPherson:

a)      Has also received telephone calls about leaf burning.

b)      Has had a request for a handicapped parking stall in the 200 block of South Broadway, specifically from Innovision Eye Care.

Third Ward, Councilor Marin:

a)      Has received many calls about leaf burning and requested that the Council revisit this ordinance.

b)      Noted that the Councilors are assigned to various committees and commissions and suggested that perhaps it would be a good idea for each Councilor to report on activities of those committees and commissions at specific Council meetings.

c)      Had an opportunity to tour Crossroads Farms and found it to be very clean though small with noticeably happy employees.

Fifth Ward, Councilor Kron:

a)       A waterline was installed in the North Broadway/Fountain Street area recently and the residents of the condo have requested that the identification sign for the condo be put up again.  They are also asking that the grassy areas be resodded.

b)       Vehicles are having difficulty crossing Newton at College.  Requested City staff review and report alternatives.

Sixth Ward, Councilor Brooks:  

a)      Noted that he will be meeting with residents of the New Hills Condominium area relative to the street project they are requesting.  He will report back at the next Council meeting.

 

RESOLUTION 01-255 ADOPTED – AUTHORIZING PURCHASE OF WARNING SIRENS

City Manager Sparks reported that the City has annexed several areas which are not currently being served by emergency warning sirens.  The Fire Chief has received a quotation from Federal Signal Corporation for five additional sirens at a total cost of $90,391 and has requested permission to purchase these units.

After Council discussion, Councilor Marin moved, Councilor Sorenson seconded, that the purchase of five additional warning sirens from Federal Signal Corporation at a total cost of $90,391 is hereby authorized with funds to be provided by the General Fund Fire Department Budget.

 

(See Secretary’s Original Resolution

01-255 included with these minutes.)

 

PUBLIC ITEMS

Patrick Corrigan, 814 Frank Hall Drive, stated that a handicapped parking stall is needed on the north side of College between Broadway and Washington.

 

ADJOURNMENT – 9:08 p.m.

 

Councilor Amundson moved, Councilor Brooks seconded, that there being no further business, the Council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, November 26, 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 November 14, 2001.

 

________________________                                     _____________________________

Secretary of the Council                                          Mayor