Albert Lea, MN                                                                                       February 11, 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, 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 JANUARY 28, 2002.

(b)             RESOLUTION 02-29 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 02-29 approves the Application for Authorization for Exemption from Lawful Gambling License from July 30 through August 4, 2002 from the Freeborn County Fantails to permit a raffle during the Freeborn County Fair.

(See Secretary's Original Resolution

02-29 included with these minutes.)

(c)              CALLS A PUBLIC HEARING TO CONSIDER THE TRANSFER OF THE ON-SALE INTOXICATING LIQUOR LICENSES FOR A TOUCH OF CLASS AT 137 EAST CLARK STREET FROM LINDA CROM TO DAWN HANNA FOR FEBRUARY 25, 2002.

     (d)              RESOLUTION 02-30 ADOPTED - CLAIMS:   Resolution 02-30 presents the financial claims of the City.

                                                   (See Secretary's Original Resolution

                                                     02-30 included with these minutes.)

Councilor Brooks moved, Councilor McPherson 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.

AUTHORIZING DISCUSSIONS WITH BANCROFT TOWNSHIP RELATING TO ANNEXATION

City Manager Sparks explained that the Freeborn County Engineer has notified the City of the County’s intent to expand the County Shop at 3300 Bridge Avenue and to alert the City to future needs for sanitary sewer service to that area because of the expansion as well as other planned construction in the area.  He informed the Council that annexation has been discussed earlier and because of opposition to annexation, the matter was dropped.  Now, due to potential development in the area, it may be timely to pursue discussions again. 

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that City staff be authorized to initiate discussions with Bancroft Township relating to annexation and extension of utilities. On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and discussions authorized.

CALLING A HEARING FOR BOAT RENTAL BUSINESS

City Manager Sparks explained that at the last Council meeting, David Berg requested permission to use the City Beach for purposes of a boat rental business.  The City staff has investigated issues raised at that meeting.  Staff is recommending that Mr. Berg be required to provide the City with liability insurance coverage and suggested that perhaps the Council may wish to hold a public hearing to seek public input on the issue.  He noted that the many of the legal issues have been resolved but the Council needs to address the operational issues.

David Berg, Burnsville, told the Council that he intends to have four motorized boats and two non-motorized boats for rent and that he intends to be open between the hours of 8:30 a.m. and 8:00 p.m. each day.  He is requesting permission to store the boats at his residence intending to deliver the boats to the beach when rented.            

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that a public hearing be held to permit adjacent property owners an opportunity to address the proposal including use of the south side of the beach for the rental business and the storage at Mr. Berg’s residence.  Mr. Sorenson requested that individual residents adjacent to the areas in question along Raymond, Johnson and Bridge be notified of the hearing.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing authorized.

RESOLUTION 02-31 ADOPTED – AUTHORIZING PAYMENT FOR BLAZING STAR TRAIL ACTIVITIES

City Manager Sparks told the Council that the City of Austin, the other party in the Joint Powers Committee for the Blazing Star Trail, has suggested that the City of Albert Lea and the City of Austin each put $5000 into an account for miscellaneous purposes including drawings prepared by Jones, Haugh & Smith that can be taken to the State for the purpose of seeking support for the trail.

Councilor McPherson told the other members that at a recent meeting of the Joint Powers Committee that a motion was made to invite Freeborn County and the City of Hayward to membership in the Joint Powers group.

After Council discussion, Councilor McPherson moved, Councilor Amundson seconded, that Resolution 02-31, authorizing payment of $5000 into an account for miscellaneous purposes relating to the Blazing Star Trail, 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

02-31 included with these minutes.)

MAYOR’S APPOINTMENTS CONFIRMED

Mayor Haukoos informed the Council that he has appointed Lois Nelson-Olson as the Resident Member of the Housing and Redevelopment Authority Advisory Board and Al Brooks to fill Ron Sorenson’s unexpired term on the Park and Recreation Advisory Board.

Councilor Sorenson explained that the purpose for his resignation from the Board was due to the fact that a new meeting schedule had been released and that most dates were in conflict with his schedule.

Councilor Marin moved, Councilor Sorenson seconded, that the Mayor’s appointments be confirmed.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Brooks who abstained.  Mayor Haukoos declared the motion carried and the appointments confirmed.

RESOLUTION 02-32 ADOPTED – APPROVING A CONTRACT WITH KAEDING & ASSOCIATES

City Manager Sparks told the Council that Fox Engineering Associates has recommended the City perform several instrumentation and flow measurement upgrades at the Wastewater Treatment Plant as the current instrumentation is outdated and does not provide accurate information and the upgrades would improve monitoring of the plant’s processes to ensure compliance with NPDES permit limitations and that Kaeding & Associates, Minneapolis, Minnesota, has submitted a proposal for a contract to provide professional services for the preparation of plans and specifications for improvements to the plant’s instrumentation and control system in conjunction with Fox Engineering Associates in the amount of $36,000.

After Council discussion, Councilor McPherson moved, Councilor Kron seconded, that Resolution 02-32 approving a contract with Kaeding & Associates for engineering services for the preparation of plans and specifications for improvements to the Wastewater Treatment Plant’s instrumentation and control system in the amount of $36,000, 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

02-32 included with these minutes.)

RESOLUTION 02-33 ADOPTED – ORDERING JOB 0217 

City Manager Sparks explained that this resolution orders Job 0217, the improvement of Todd Avenue from South Shore Drive to Ninth Street by replacement of a six-inch watermain at an estimated City cost of $152,600.   He further explained that the Director of Public Works reports that the watermain is 42 years old and has suffered a number of breaks which suggests replacement of the entire 1400 foot line and that none of the cost would be assessable. 

After Council discussion, Councilor Brooks moved, Council Marin seconded, that Resolution 02-33, ordering Job 0217, 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

02-33 included with these minutes.)

RESOLUTION 02-34 ADOPTED APPROVING LEASES RELATING TO THE BLAZING STAR BIKE TRAIL

I & M Rail Link, LLC has submitted an Indefinite Term Lease No. 50,800,107 covering railroad right-of-way from Milepost 61.6 to 63.1 for the purpose of a non-motorized recreational trail and a Consent to Sublease from the City of Albert Lea to the Minnesota Department of Natural Resources to be used for the Blazing Star Bike Trail extension.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 02-34, approving leases relating to the Blazing Star Bike Trail, be approved.

Matt Benda, 1716 Gateway Drive, appeared before the Council commending the City Manager and Council for its actions with regard to the trail.  

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

02-34 included with these minutes.)

RESOLUTION 02-35 ADOPTED – AUTHORIZING PURCHASE OF BACKHOE

City Manager Sparks explained that this resolution authorizes the purchase of a CAT 420D backhoe with options identified in the Council’s background material.  He noted that the Utility and Park Departments keep the one we now own in constant use and the City is renting equipment more often than is economical. The Purchasing Agent is proposing that the CAT 420D can be purchased from Ziegler Caterpillar under the State contract at a cost of $68,212.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 02-35, authorizing the purchase of the CAT 420D Backhoe from Ziegler Caterpillar at a cost of $68,212, 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

02-35 included with these minutes.)

CALL A HEARING FOR TRANSFER OF ON-SALE LIQUOR LICENSES FOR ANDY’S ROADHOUSE BAR AND GRILL

City Manager Sparks told the Council that the applications for transfer of the Sunday on-sale and on-sale intoxicating liquor licenses for Andy’s Roadhouse Bar and Grill from Andy’s Roadhouse Bar and Grill, Inc. to Marvin Fuller came in too late to be added to the regular agenda.  He is therefore requesting that the City Council call a public hearing for this transfer for the Council’s next regular meeting on February 25, 2002.

Councilor Sorenson moved, Councilor McPherson seconded, that the transfer of the on-sale and Sunday on-sale intoxicating liquor licenses for Andy’s Roadhouse from Andy’s Roadhouse Bar and Grill, Inc. to Marvin Fuller be called to hearing on February 25, 2002.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing called.

UNLISTED ITEMS

WARD ITEMS

Third Ward, Councilor Marin:

(a)               Asked if the parking along Sibley School would be reinstated.  City Manager Sparks informed Councilor Marin that there would be no change in parking until school is let out for the summer and that he was unsure of the fall schedule.  He noted that there is a safety issue at that location with the loading and unloading of children.

MEETING RECESSED AT 8:11 P.M.

City Manager Sparks asked that the meeting be recessed at this time to permit a closed session with the City Council regarding a legal issue.  Councilor Sorenson moved, Councilor McPherson seconded, that the meeting be recessed at this time.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the meeting recessed.

MEETING RECONVENED AT 8:43 P.M.

RESOLUTION 02-36 ADOPTED – AUTHORIZING LEGAL ACTION

City Manager Sparks explained that this resolution permits the City to pursue a request to the District Court for specific performance of the supplemental mediated agreement.

Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-36, authorizing City staff to pursue a request to the District Court for specific performance of the supplemental mediated agreement, 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

 02-36 included with these minutes.)

ADJOURNMENT – 8:45 P.M.

Councilor McPherson 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, February 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 February 12, 2002.

________________________                                     _____________________________

Secretary of the Council                                          Mayor