Albert Lea, MN                                                                             December 10, 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, the Albert Lea Tribune and KAAL-TV.

CONSENT AGENDA

(a)  APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF NOVEMBER 26, 2001.

(b)  LICENSES APPROVED:

ANNUAL LICENSE

FOOD/BEVERAGE

Comfort Inn, 810 Happy Trails Lane

SWIMMING POOL

Comfort Inn, 810 Happy Trails Lane

HOTEL/MOTEL

Comfort Inn, 810 Happy Trails Lane

(c)  RESOLUTION 01-263 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-263 approves a lawful gambling application for the American Legion Club at 142 North Broadway.

 

(See Secretary’s Original Resolution

01-263 included with these minutes.)

 

(d)  RESOLUTION 01-264 ADOPTED – AMENDING DEFERRED COMPENSATION PLAN:  Resolution 01-264 authorizes an amendment to the Deferred Compensation Plan through ICMA Retirement Corporation required as a result of changes in the internal revenue code.

 

(See Secretary’s Original Resolution

01-264 included with these minutes.)

 

(e)  CALLS A PUBLIC HEARING FOR THE TRANSFER OF THE GUEST HOUSE INN ON-SALE INTOXICATING LIQUOR AND SUNDAY LIQUOR LICENSES FROM DUTTS LLC TO AEL CORPORATION FOR DECEMBER 20, 2001.

 

(f)  RESOLUTION 01-265 ADOPTED – TERMINATING T.I.F. DISTRICT 5-3:  Resolution 01-265 authorizes the termination of collection of tax increments from Tax Increment Financing District No. 5-3.

 

                                                    (See Secretary's Original Resolution

                                                     01-265 included with these minutes.)

 

(g)  RESOLUTION 01-266 ADOPTED – TRANSFERRING T.I.F. FUNDS:  Resolution 01-266 authorizes the transfer of various tax increment funds to repay advances from the General Fund or to provide funds for the T.I.F. bond issue.

 

(See Secretary’s Original Resolution

01-266 included with these minutes.)

 

 (h) RESOLUTION 01-267 ADOPTED – APPROVING MINNESOTA FESTIVAL THEATRE CONTRACT:  Resolution 01-267 approves a contract with Minnesota Festival Theatre for its coming season for three plays.

 

(See Secretary’s Original Resolution

01-267 included with these minutes.)

 

(i) RESOLUTION 01-268 ADOPTED – AUTHORIZING MN DOT AGREEMENT FOR DETOUR ROUTE:  Resolution 01-268 authorizing an agreement with the Minnesota Department of Transportation for use of City streets as a detour route.

 

(See Secretary’s Original Resolution

01-268 included with these minutes.)

 

(j)  RESOLUTION 01-269 ADOPTED – CLAIMS:  Resolution 01-269 presents the financial claims of the City.

 

                                                    (See Secretary's Original Resolution

                                                     01-269 included with these minutes.)

 

After Council discussion, Councilor Brooks moved, Councilor Marin 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 01-270 ADOPTED – APPROVING THE PRELIMINARY AND FINAL PLAT OF CHAPEAU SHORES 8TH ADDITION

 

After Council discussion, Councilor Marin moved, Councilor McPherson seconded, that Resolution 01-270, approving the preliminary and final plat of Chapeau Shores 8th Addition, 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

01-270 included with these minutes.)

 

RESOLUTION 01-271 ADOPTED – CALLING A PUBLIC HEARING FOR CONSIDERATION OF AN ORDER TO DEMOLISH THE STRUCTURES AT THE FARMLAND FOODS SITE

 

City Manager explained that the City staff has communicated with Farmland Foods over the past several years leading up to the fire in July 2001 expressing concern about the condition of buildings on the property and as a result of the fire, the concern has elevated and now constitute hazardous conditions that are of danger to the public safety and the community health as well as constituting a public nuisance.  He noted that the City Council retained the services of Short-Elliott-Hendrickson to conduct an environmental assessment of the area and as a result of this assessment SEH concluded that the City proceed with demolition of the stockyards and rendering area prior to completion of their evaluation.

 

The Minnesota Pollution Control Agency has informed the City that the release of asbestos on the  existing site  as a  result  of the  fire  has  made  that  site  now eligible for the MPCA voluntary investigation and cleanup program and have notified Farmland that it needs to proceed with an investigation to determine the extent of the pollution and to begin the process for cleaning up the site and the City Inspection Division has notified the City Manager that there is a significant problem with deterioration of the buildings on the site and is recommending that either the company be required to begin repairs or demolition at the site.  A problem with bacterial pollution of some of the structures not directly involved with the fire may render these buildings unusable for food processing

The City Manager finds that approximately 75 percent of the buildings located at the site are hazardous, dangerous, dilapidated and environmentally polluted and, based upon the aggregate of information accumulated to-date has recommended that the City Council call a public hearing for the purpose of reviewing evidence on whether or not the site should either be reconstructed or all buildings demolished.

After Council discussion, Councilor Amundson moved, Councilor Kron seconded, that a public hearing shall be called for the January 14, 2002 regular meeting to review evidence on whether or not the Farmland Foods site should be reconstructed or demolished.  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 called.

 

(See Secretary’s Original Resolution

01-271 included with these minutes.)

 

RESOLUTION 01-272 ADOPTED – ACCEPTING THE 2002 ANNUAL BUDGET

City Manager Sparks recommended approval of the 2002 budget as outlined in the resolution presented for Council consideration.  He noted two changes.  Senior Resources requested funding in the amount of $3500 towards a new bus.  The group will save the remaining funds necessary to purchase the new bus.  Due to changes in the funding by the Legislature, the City’s obligation would be reduced by $15,000, which will provide a source for the $3500 requested.  Also, the Convention and Visitors Bureau requested $144,000 as their portion of the three-percent room tax collection and Mr. Sparks commented that, based on revenues received through December, the net tax receipts will be $128,000.  He is recommending that the CVB budget be set at $128,000.

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 01-272, accepting the 2002 Annual Budget with changes noted, 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

01-272 included with these minutes.)

 

RESOLUTION 01-273 ADOPTED – APPROPRIATING FUNDS FOR 2002

 

City Manager Sparks noted that this resolution appropriates funds for 2002 in the total amount of $17,043,051.  This appropriation provides funds to carry out the activities approved in the 2002 budget.

  After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 01-273, appropriating funds for 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

01-273 included with these minutes.)

 

RESOLUTION 01-274 ADOPTED – ESTABLISHING 2002 TAX LEVY

 

City Manager Sparks explained that he is recommending the total 2002 certified levy be established at $1,375,000.

After Council discussion, Councilor Amundson moved, Council Brooks seconded, that Resolution 01-274, establishing the 2002 tax levy at $1,375,000, 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

01-274 included with these minutes.)

 

RESOLUTION 01-275 ADOPTED – APPROVING NON-UNION SALARIES FOR 2002

 

City Manager Sparks explained that he is making recommendation for non-union salaries for 2002.  He noted that most of the salaries were increased by the same rate as in union contracts, 3.25%.

 

Councilor Kron moved, Councilor Amundson seconded, that Resolution 01-275, approving non-union salaries for 2002 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

01-275 included with these minutes.)

 

RESOLUTION 01-276 ADOPTED – AUTHORIZING AN AMENDMENT TO EMPLOYEE RULES RELATING TO SICK LEAVE

 

City Manager Sparks informed the Council that he is recommending an amendment to Section 6, Subsection C (8) of the Employee Rules be changed to increase severance at the time of retirement from 40 percent to 50 percent of unused sick leave, as was previously approved in the public works and fire contracts.

 

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 01-276, authorizing an amendment to Employee Rules relating to sick leave, 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

01-276 included with these minutes.)

RESOLUTION 01-277 ADOPTED – DESIGNATING STREET CONSTRUCTION FUNDS

 

City Manager Sparks recommended that the Council designate $3,000,000 in the Unappropriated Fund Balance of the General Fund for use in street construction during 2002 and 2003, establishing our intent for these funds.

 

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 01-277, designating $3,000,000 for use in street construction during 2002 and 2003, 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

01-277 included with these minutes.)

 

ORDINANCE 50, 3d INTRODUCED – VACATING ALLEY IN BLOCK 2, ORIGINAL PLAT

 

City Manager Sparks explained that this ordinance vacates an alley in the block of the former East Clinic site reserving an easement for underground utilities.

 

Councilor McPherson introduced Ordinance 50, 3d to vacate the alley in Block 2, Original Plat, reserving an easement for underground utilities.  Ordinance 50, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

 

(See Secretary’s Original Ordinance

50, 3d included with these minutes.)

 

ORDINANCE 51, 3d INTRODUCED – ACCEPTING STATE ANNEXATION ORDERS

 

City Manager Sparks explained that this ordinance accepts the annexations orders from the Minnesota Office of Strategic and Long Range Planning for properties in Sections 10 and 11 including the Chadwick properties and the Haroldson property.

 

Councilor Kron introduced Ordinance 51, 3d, accepting the State annexation orders.  Ordinance 51, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

 

(See Secretary’s Original Ordinance

51, 3d included with these minutes.)

 

RESOLUTION 01-278 ADOPTED – ACCEPT PROPOSAL TO UPDATE CITY CENTER HEATING SYSTEM WITH TANDEM BOILER

 

City Manager Sparks informed the Council that the staff has been looking into ways to make the City Center’s heating system more efficient.  We currently have one large boiler which is more than adequate to heat the building at any time during the winter, however, the boiler is quite large and will heat the building when we need a minimal temperature increase or a maximum temperature increase.  In the Honeywell proposal, a small tandem boiler would be installed in the system to operate during minimal heating times requiring far less natural gas consumption during the spring and fall.

 

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 01-278, accepting the proposal of Honeywell at a cost of $61,219 to update the City Center heating system with a tandem boiler.  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

01-278 included with these minutes.)

 

RESOLUTION 01-279 ADOPTED – APPROVING BID FOR SEWER CAMERA AND TRAILER

 

City Manager Sparks explained that the City had accepted bids for a sewer camera and trailer to replace our old sewer camera.  He noted that the low bidder was Cues Equipment of Orlando, Florida in the amount of $64,455.  He explained that the City staff uses the camera to televise sewers to see where we have problems in mains and to perform regularly scheduled inspections.

 

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 01-279, approving the bid of Cues Equipment for a sewer camera and trailer at a cost of $64,455, 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

01-279 included with these minutes.)

 

RESOLUTION 01-280 ADOPTED – APPROVING A CONTRACT FOR OSHA TRAINING

 

City Manager Sparks informed the Council that this resolution approves a contract with SafeAssure Consultants to provide a year of OSHA training for the City’s employees.  Because of stringent and ever-changing rules, it is very difficult to provide training internally and attendance at seminars is costly and time-consuming.  SafeAssure has proposed to provide training for City personnel in Albert Lea for $7956 for 2002.  The training and recordkeeping will assist us in complying with OSHA’s rules.

 

Councilor Sorenson questioned whether other smaller companies could be included in the training program.  City Manager Sparks responded that he would contact SafeAssure to ask about this possibility and the procedure.

 

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 01-280, approving a contract with SafeAssure for OSHA training in 2002 at a cost of $7956, 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

01-280 included with these minutes.)


RESOLUTION 01-281 ADOPTED – APPROVING A CONTRACT FOR STREET LIGHTING

 

City Manager Sparks explained that the City needs to install street lighting in the Home Depot area.  He noted that the staff has discussed this matter with Alliant Energy and have concluded that Alliant does not want to install the lights at its expense.  The lighting is necessary with the development occurring in the area and would also enhance the appearance of the area.  Alliant Energy has agreed to a contract for installation in the amount of $73,450.

Council discussion centered around payment for the street lighting, when the lighting would be installed and the type of equipment to be used.  City Manager Sparks told the Council that they could approve the project and call a public hearing for an assessment for the street lighting at a later date.  City Engineer Olson stated that the lighting would be on fiberglass poles, 27 feet tall, gray in color with 6-foot mast arms, 150-watt high pressure sodium light, similar to that used in the North Bridge Avenue area.  He is recommending that the lighting be staggered so that there would be a street light every 150 feet along the centerline of the street.  He also explained that a couple of the lights would be installed yet this year with the remainder to be installed in the spring.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that Resolution 01-281, approving a contract with Alliant Energy in the amount of $73,450 for the installation of street lighting in the Home Depot area with no public hearing called, 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

01-281 included with these minutes.)

 

RESOLUTION 01-282 ADOPTED – AUTHORIZING AN AGREEMENT WITH MN DOT FOR TRAFFIC SIGNAL AND LIGHTING AT WEST MAIN AND FIRST AVENUE

 

City Manager Sparks explained that this resolution approves a contract with MN DOT for traffic signals and lighting at the intersection of West Main and First Avenue.  The City’s estimated share would be $106,650 which will be provided by Municipal State Aid.

Miles Pechacek, 324 East William, spoke in opposition to the installation.

Patrick Corrigan, 814 Frank Hall Drive, spoke in favor of the installation.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 01-282, authorizing an agreement with MN DOT for traffic signals and lighting, 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

01-282 included with these minutes.)

 

UNLISTED ITEMS

 

WARD ITEMS

 

First Ward, Councilor Amundson:

 

(a)        Asked whether the staff had had an opportunity to check into burning options.  Mr. Sparks stated that the only alternative would be to ban burning.  We already limit the dates and times.  Picking up leaves may be an alternative.  The City Manager stated that he would put together a report.

 

Third Ward, Councilor Marin:

 

(a)     Congratulated Sandi Behrens and Rhonda Krcil for their achievements.

 

Fourth Ward, Councilor Sorenson:

 

(a)        Explained that he had received a report prepared by the City Engineer relating to parking in the alley between the vacated Pillsbury Avenue and Garfield Avenue and his original belief that one side of the alley should be posted for no parking.  Upon review earlier today, he moved to remove parking on the east side of the alley to a point 100 feet north of East Main Street.  Councilor Kron seconded the motion.  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

01-283 included with these minutes.)

 

ADJOURNMENT – 8:27 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 Thursday, December 20, 2001 at 5:30 p.m.  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 December 11, 2001.

 

 

 

_____________________________                          _____________________________

Secretary of the Council                                                      Mayor