Albert Lea, MN
November 25, 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
NOVEMBER 12, 2002.
(b) LICENSES APPROVED:
ANNUAL LICENSE
CIGARETTE
Albert Lea Tobacco, 1601 West Main Street
SIGN HANGER
M & M Signs, 160 Mohr Drive, Mankato, MN 56002
TEMPORARY LICENSE
Aragon Bar, 130 West College, at the Armory on December 14, 2002
(c) RESOLUTION 02-247 ADOPTED - APPROVING A LAWFUL GAMBLING APPLICATION:
Resolution 02-247 approves the gambling application for St. Theodore's Catholic
Church, 323 East Clark Street, for a raffle on February 1, 2003.
(See Secretary's Original Resolution 02-247 included with these minutes.)
(d) RESOLUTION 02-248 ADOPTED - APPROVING A LAWFUL GAMBLING APPLICATION:
Resolution 02-248 approves the Freeborn Mower Habitat for Humanity premises
permit renewal application for a raffle and bingo at the Fairlane Community
Center, 1029 Bridge Avenue, on February 15, 2003.
(See Secretary's Original Resolution 02-248 included with these minutes.)
(e) RESOLUTION 02-249 ADOPTED - CLAIMS: Resolution 02-249 presents the
financial claims of the City.
(See Secretary's Original Resolution 02-249 included with these minutes.)
After Council discussion, Councilor McPherson moved, Councilor Brooks 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 02-250 - ORDERING JOB 0125 - PUBLIC HEARING
Mayor Haukoos opened a public hearing for the proposed improvement by bituminous
overlay in the Dawn Acres area (Job 0125). The necessary notice for this
hearing was published on November 13, 2002.
Delores Verhey, 2120 Kenneth Drive, spoke in favor of the bituminous overlay.
Councilor Brooks stated that he had spoken with a majority of property owners
and that they were in favor of the bituminous overlay only, not curb and gutter.
Council discussion included the fact that the project does not include a
detention pond and that the residents are aware of the fact that the lack of
curb and gutter will not eliminate the washing problem but that the overlay
should improve it. Councilor Brooks moved, Councilor Marin seconded, that
Resolution 02-250 ordering the bituminous overlay improvement to the Dawn Acres
area and the preparation of plans for the project, be approved. On roll call
vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the
motion carried, Job 0125 ordered and the public hearing closed.
(See Secretary's Original Resolution 02-250 included with these minutes.)
RESOLUTION 02-251 ADOPTED - ADOPTING MISCELLANEOUS ASSESSMENTS ROLL 39 - PUBLIC
HEARING
Mayor Haukoos opened a public hearing to adopt Miscellaneous Assessments Roll
39. The necessary notice for this hearing was published on November 13, 2002.
City Manager sparks told the Council that the owner of 314 Euclid had requested
a review of her assessment. The City Manager will review this.
Councilor Marin moved, Councilor McPherson seconded, that Miscellaneous
Assessments Roll 39 be approved as presented with the exception of that
assessment for 314 Euclid which will be reviewed by the City Manager. On roll
call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared
the motion carried, the resolution adopted and the public hearing closed.
(See Secretary's Original Resolution 02-251 included with these minutes.)
LIQUOR LICENSE ISSUED AND TRANSFER TABLED
City Manager Sparks explained that this is a public hearing for the issuance of
an on-sale and Sunday on-sale intoxicating liquor license to Village Chateau
Motor Inn, Inc. d/b/a Budget Host Albert Lea Inn, 2301 East Main Street, and the
transfer of the on-sale and Sunday on-sale intoxicating liquor license for
Andy's Roadhouse Bar & Grill from 2301 East Main Street to 326 South Broadway.
He noted that the owner of the Budget Host had regained control of the premises
and that Andy's had not yet provided the City with a lease. He, therefore,
recommended that the Budget Host licenses be approved and the Andy's licenses be
tabled to such time as a lease is complete.
After Council discussion, Councilor Sorenson moved, Councilor Kron seconded,
that the Village Chateau Motor Inn, Inc. (Budget Host Albert Lea Inn) licenses
at 2301 East Main Street, be approved and that the Andy's Roadhouse Bar & Grill
license transfers be tabled until the license holder has secured a lease for the
premises with a six-month time limit. On roll call vote, all Councilors voted
in favor of said motion. Mayor Haukoos declared the motion carried.
ORDINANCE 56, 3D TABLED TO NEXT MEETING
City Manager Sparks told the Council that the Fire Chief has expressed some
concerns about this ordinance and has asked to meet with the Council prior to
introduction of this ordinance.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded,
that the introduction of Ordinance 56, 3d be tabled to the next regular City
Council meeting on December 9, 2002 to permit additional time for discussion, be
approved. On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the ordinance tabled.
(See Secretary's Original Ordinance 56, 3d included with these minutes.)
MAYOR'S APPOINTMENT TO FAMILY SERVICES COLLABORATIVE BOARD
Mayor Haukoos has requested confirmation of his reappointment of Bob Graham,
City Planner, to the Family Services Collaborative Board of Directors as the
City's representative.
Councilor McPherson moved, Councilor Marin seconded, that the reappointment of
Bob Grahman to the Family Services Collaborative Board be confirmed. On roll
call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared
the motion carried and the appointment confirmed.
RESOLUTION 02-252 ADOPTED - GRANTING A VARIANCE TO 2510 BRIDGE AVENUE
City Manager Sparks reported that this resolution grants a variance to the
Northbridge Mall, 2510 Bridge Avenue, to permit an additional 135 square feet of
copy area per sign face allowed in City Code Section 74-1000 (d) (4). He noted
that the City Planner has suggested a change to the sign ordinance if the City
Council is interested in permitting similar changes and that an undue hardship
supporting a variance was not identified.
Council discussion centered around whether a conflict would be created by
approving this variance, the need for a change in the sign ordinance and whether
or not approval of this variance would set a precedent.
After Council discussion, Councilor Sorenson moved, Councilor Kron seconded,
that Resolution 02-252, granting a variance to the Northbridge Mall, 2510 Bridge
Avenue, 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 02-252 included with these minutes.)
INSURANCE COVERAGE FOR SEWER BACKUP DECLINED
City Manager Sparks explained that a new form of insurance has been offered to
the City of Albert Lea for no fault insurance coverage for sewer system
backups. The coverage would be provided by the League of Minnesota Cities
Insurance Trust and would provide coverage for homeowners that have sewer
systems that backup. Storm related backups would not be covered by this
insurance. He noted that the City system is fairly well maintained and that
this coverage may be of very limited value to Albert Lea residents
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that
the offer for sewer backup insurance coverage be declined. On roll call vote,
all Councilors voted in favor of said motion. Mayor Haukoos declared the motion
carried and the coverage declined.
RESOLUTION 02-253 ADOPTED - ACCEPTING BIDS FOR JOBS 0132 AND 0239
City Manager Sparks explained that this resolution accepts the bid of Heselton
Construction, LLC, Faribault, for access road and watermain extension to the
future 500,000 gallon water storage tank to be located south of the Home Depot
store (Job 0132) at a cost of $82,840.70 and the bid of Sorensen Bros., Inc.,
Albert Lea, for 2002 Sewer & Water Contract No. 1, Chapeau Shores 7th Addition
(Job 0239) at a cost of $103,965.05.
After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that
Resolution 02-253, accepting bids as recommended 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 02-253 included with these minutes.)
RESOLUTON 02-254 ADOPTED - AUTHORIZING LIMITED USE PERMIT FOR WELCOME SIGN
City Manager Sparks reported that this resolution permits the City to enter into
a limited use permit for the construction and maintenance of a Welcome to Albert
Lea sign/planter to be located that the I-35 off-ramp at T. H. 65
Councilor Sorenson moved, Councilor Marin seconded, that Resolution 02-254,
authorizing a limited use permit for a welcome sign at the City's southern
entrance, 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 02-254 included with these minutes.)
JOB 0301 HELD OVER
City Manager Sparks explained that a feasibility report on the replacement of
curb and gutter, paving, storm sewer, sanitary sewer and waterlines in Virginia
Place between Fourth Street and Seventh Street and Fifth Street between Virginia
Place and James Avenue (Job 0301) has been submitted as feasible. He noted that
the area is in need of reconstruction but that due to the excessive amount of
the project costs which would need to be paid by the City, along with the State
threat of reduced funding and other expensive projects planned, he does not feel
that this project is a priority for the 2003 construction season.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that
Job 0301 be held over for discussion for the 2004 construction season. On roll
call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared
the motion carried and the project held over.
REQUEST TO JOIN CGMC LAWSUIT DECLINED
City Manager Sparks reported that the City had received a memo from the
Coalition of Greater Minnesota Cities asking Albert Lea to contribute to the
CGMC's Environmental Legal Defense Fund for a lawsuit against the Minnesota
Pollution Control Agency regarding its recently adopted Total Maximum Daily Load
Rule. Mr. Sparks explained that the reason the City built the wastewater
treatment plant on the Shellrock River was because we could discharge phosphorus
into a stream with no regulations for its removal. He suspects that with the
request from the MPCA to begin monitoring this discharge that we will eventually
see regulations governing the discharge.
Steve Jahnke, the City Environmental Engineer, told the Council that phosphorus
contributes to algae blooms. He explained that he is aware of the rule and that
the City is currently sampling near the Iowa border.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded,
that the City decline the Coalition of Greater Minnesota Cities request to
participate in its lawsuit against the Minnesota
Pollution Control Agency. On roll call vote, all Councilors voted in favor of
said motion. Mayor Haukoos declared the motion carried and the request
declined.
RESOLUTION 02-255 ADOPTED -FOR COOPERATION ON PEARL STREET SEWER LINING PROJECT
City Manager Sparks explained that the City Council had previously declined
participation in the sewer lining project on Pearl Street requested by the
Freeborn County Board of Commissioners. He noted that the Board has requested
Council reconsideration of this request. He commented that the estimated total
cost of the project is $180,000 and that the City's policy for similar projects
is that the petitioner pays all costs. He also noted that the lining would
extend the life of the line up to 75 years or more and would benefit the City to
assist in the project.
Ron Gabrielson, Freeborn County Administrator, told the Council that it had
always been his understanding that the City would pay the entire cost of this
project to keep the Courthouse in downtown Albert Lea. He explained that the
County Board looked at other locations but were heavily lobbied by various
groups, including the City Council, to stay downtown. He said that this project
must be completed during the winter and that there is some pressure to get this
project underway.
City Manager Sparks told Mr. Gabrielson that the City has already bid the
project noting that the issue here is how much the City will bill the County for
the sewer lining project.
Council discussion centered around a desire to see the Courthouse built in the
downtown area, the fact that the project benefits the City and its residents,
the fact that the project potentially doubles what the project would cost the
City without the County's need to build over the sewer and that with the County
collecting taxes from the City's residents and the City collecting taxes from
City residents, that the City residents will pay 75 percent of the cost with a
50/50 split.
Tony Trow, 522 Park Avenue, told the Council that the Destination Albert Lea
group pushed hard to keep the Courthouse in the downtown area and the City
should be committed to meet the County halfway.
Tom Leland, Route 2 Box 110A, asked whether the sewer handles the western
portion of the City and whether capacity is large enough to provide for future
growth. City Manager Sparks told Mr. Leland that he is correct.
Mr. Sparks also noted that the City will be asked to building parking lots in
the area in addition to other improvements. He reminded the Council that this
is a governmental entity, not a private one, and that the City's residents will
be paying three-fourths of the cost for this project.
Dan Belshan, Glenville, 2nd District County Commission, asked the Council to
reach some compromise in this issue.
Additional Council discussion included the fact that this project is in the best
interests of the community to keep the Courthouse downtown, that the City will
be doing parking lots in the area, will be expected to cooperate in the Law
Enforcement Center and other items and that the City's taxpayers are continually
being asked to contribute to projects.
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that
Resolution 02-255, agreeing to pay 50 percent of the cost of the Pearl Street
sewer lining project, be approved. On roll call vote, all Councilors voted in
favor of said motion with the exception of Councilor Sorenson who voted nay.
Mayor Haukoos declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 02-255 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor McPherson:
(a) Thanked the Street Department for painting curb on Fountain Street.
Third Ward, Councilor Marin:
(a) Thanked Police Office Conn for quick response to vandalism call at Grace
Christian Church.
JOINT BOARD ROOM USE
City Manager Sparks then told the Council that he was reminded of a request from
the County to consider sharing a board room in the new Courthouse.
Dan Belshan, 2nd District Commissioner, asked the City Council to consider
looking into sharing a high tech Board Room with the County Commissioners.
ADJOURNMENT - 8:52 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, December 9, 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 26, 2002.
______________________________
________________________________
Secretary of the Council
Mayor