Albert
Lea, MN February 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.
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.
(a)
APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF
FEBRUARY 11, 2002.
(b)
APPROVAL OF A TEMPORARY FOOD/BEVERAGE LICENSE TO
CHERIE SEUSER FOR THE AFTER PROM PARTY AT THE NORTHBRIDGE MALL ON MAY 4, 2002.
(c)
RESOLUTION 02-37 ADOPTED – APPROVING LAWFUL GAMBLING
APPLICATION: Resolution
02-37 approves the Gambling Permit Renewal Application for the Albert Lea Eagles
Aerie 2258 for operations at 205 West William Street.
(See Secretary's Original Resolution
(e)
RESOLUTION
02-38 ADOPTED - CLAIMS:
Resolution 02-38 presents the
financial claims of the City.
(See Secretary's Original Resolution
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.
Mayor
Haukoos opened a public hearing to discuss a boat rental business and City dock
at the City Beach. He noted that a
formal hearing would be held on this issue at the Council’s next regular
meeting on March 11, 2002.
Kenneth
Mulgrew, 509 Clausen Drive, asked why the boat business was moved from Berg’s
residence to the City Beach and why the dock couldn’t be located along City
property on Bridge Avenue. City
Manager Sparks explained that the residence is located in a zone that doesn’t
permit the business and that the public property along Bridge was not conducive
to a public boat dock.
Mr.
Mulgrew then stated that the eight units in the condo had met and are opposed to
the business and dock at the beach. He
suggested that the City put additional picnic tables at the beach.
He also noted that the skate park was an improvement to the beach.
Council
discussion centered around safety of swimmers at the beach with the dock and
boat business in the area and the need for a “no wake” area.
Councilor
Sorenson noted that he had received a telephone call from Ed Christian opposed
to Mr. Berg keeping the boats at his residents and a comment concerning the
availability on a public dock with a lease arrangement.
No
action was taken on this item.
RESOLUTION 02-39 ADOPTED – ADOPTING MISCELLANEOUS ASSESSMENTS ROLL 35
– PUBLIC HEARING
Mayor Haukoos opened a public hearing for the adoption
of Miscellaneous Assessments Roll 35. The
necessary notice for this hearing was published on February 7, 2002.
There was no public discussion.
After Council discussion, Councilor McPherson moved, Councilor Kron
seconded, that Resolution 02-39, adopted Miscellaneous Assessment Roll 35, be
approved. 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
Mayor Haukoos opened a public hearing for the transfer of on-sale
intoxicating liquor licenses. The
necessary notice for this hearing was published on February 15, 2002.
The Mayor informed the Council that the application for the transfer of
the on-sale liquor licenses for Andy’s Road House had been withdrawn.
Councilor Kron moved,
Councilor Brooks seconded, that the transfer of the on-sale intoxicating liquor
licenses from Linda Crom d/b/a A Touch of Class/The Rose to Dawn Hanna d/b/a
Topshelf at 137 East Clark Street 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 licenses transferred.
Mayor Haukoos opened a public
hearing for the improvement of streets in the west central area of the City, Job
0201. The necessary notice for this
hearing was published on February 11, 2002.
There was no public discussion.
Councilor McPherson told the Council that he had toured the area included
in the project and agreed with the engineers that the work is necessary.
He commended the Engineering Department for its informational meeting
last week with residents of the area noting that the presentation was very
informative and well organized. Councilor
McPherson moved, Councilor Amundson seconded, that Resolution 02-40 ordering Job
0201, be approved. 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
FREEBORN COUNTY HUMANE SOCIETY WALK-A-THON APPROVED
City Manager Sparks told the Council that the Freeborn County Humane
Society has requested permission to conduct its annual Walk-A-Thon fundraiser on
September 21, 2002 between Frank Hall Park, around the Blazing Star Trail and
back to Frank Hall Park. The
activities will begin at 10 a.m. and end around 4 p.m.
Councilor Amundson moved, Council Brooks seconded, that the request of
the Freeborn County Humane Society for its annual Walk-A-Thon fundraiser 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 walk authorized.
REQUEST OF SKATE PARK ASSOCIATION FOR CITY PAID SUPERVISION
DENIED
City Manager Sparks explained that the Skate Park Association has
contacted the City requesting that the City consider providing supervision for
the skate park as they are unable to do it on a volunteer basis.
He has estimated that the cost to the City would be approximately $6500
for the 2002 season. He explained that the Association wanted a Tier II skate park
and one of the conditions set by the City was that the group would have to
provide its own supervision. Mr.
Sparks reminded the Council that the City has no money budgeted for this
activity and that the State has expressed its intent to impose cutbacks in local
government aid.
Ken
Mulgrew, 509 Clausen Drive, questioned what would happen if the association
doesn’t have on-site supervision or if they went to a Tier I park if the park
could operate unsupervised.
Mr. Sparks
stated that
the association’s
insurance company
requires
It was the consensus of the City
Council that the association had agreed to provide supervision and they are
opposed to providing paid supervision for the park. After Council discussion, Councilor
Kron moved, Councilor McPherson seconded, that the request for City paid
supervision be denied. On roll call vote, all Councilors voted in favor of
said motion with the exception of Councilor Marin who voted nay.
Mayor Haukoos declared the motion carried and the request denied.
RESOLUTION 02-41 ADOPTED – AUTHORIZING TEMPORARY SIGN
City Manager Sparks explained that both BP/AMOCO and Streater are
requesting that the City Council allow them to place a temporary three-foot wide
by four-foot tall sign at the northeast corner of First Avenue and Front Street
pointing out the direction to the business locations.
After Council discussion, Councilor
Marin moved, Councilor Kron seconded, that Resolution 02-41, authorizing the
placement of a temporary sign for BP/AMOCO and Streater, 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
RESOLUTION 02-42 ADOPTED - AUTHORIZING
USE OF PARKING LOT
The City Manager noted that the Destination Albert Lea
group and the Farmer’s Market Association have requested permission to use the
City Parking Lot at the corner of North Broadway and Fountain Street late
Wednesday afternoons and Saturday mornings each week between mid-May and the end
of October.
Councilor Sorenson moved, Councilor Kron seconded, that
the Farmer’s Market be permitted to use the east parking lot at Water and
Broadway.
Allen Pelvit, Chamber of Commerce, told the Council that
the Farmer’s Market is experiencing space issues at the Skyline Mall parking
lot and he feels that this use of the
parking lot would be advantageous to the downtown area.
Karen Trow, 522
Park Avenue, told the Council that the Farmer’s Market Association would like
to use the parking lot at the southwest corner of the block as this is a larger
lot than the east one adjacent to Broadway and that the association would like
the lot reserved for their use during those periods. City Manager Sparks stated that the City cannot guarantee
that there would be no cars parking in the lot.
Verlys Huntley,
Emmons, told the Council that the market requires 35 15-foot wide spaces and
that the vendors are assigned specific locations, any vehicles parked in the lot
would disrupt the market. She told
the Council that if they couldn’t be guaranteed that the lot would be
reserved for
the market that they
may have to remain at the Wal-Mart lot. She also told the Council that the 30 stalls in the
east lot were not enough to house the current vendors.
Mary Ellen
Johnson, 331 Willamor Circle, told the Council that the west lot usually have
6-10 cars parked in it. She added
that if cones were placed in the lot early on Wednesday and Saturday that that
should keep the lot free of cars. Mr.
Sparks told Mrs. Johnson that the lot would have to be closed early in the
morning on Wednesdays but that that would not guarantee that cars would not be
parked in the lot from the previous evening.
Mrs. Huntley
told the Council that the association is hoping to attract more vendors to
include plants, pumpkins and other items prohibited by Wal-Mart.
Mr. Mulgrew told
the Council that Dubuque, Iowa has a population of 80,000 people and that the
people know that the area is for the market and honor the request for no
parking. The Dubuque market is
blocks long and experiences few difficulties.
Council
discussion centered around a desire to bring the Farmers Market into the
downtown and discussed possible signage and the placement of cones in the lot.
Anthony Trow, 522 Park Avenue,
suggested reserving the east lot with spillover into the west lot and limiting a
certain part of the lot to overnight parking.
Patrick Corrigan, 814 Frank Hall
Drive, suggested that the market contact the Medical Center about the
possibility of using its lot.
Additional Council discussion
centered around ways to identify the lot for use by the Farmers Market and ways
to post the lot for market use. City
Manager Sparks stated that City staff could place cones on Wednesdays but that
the market would have to place cones on Saturday as the City staff is off and
would require the City to pay overtime if they were required to come in.
Councilor Sorenson withdrew his
motion to permit use of the east lot. Councilor
McPherson moved, Councilor Marin seconded, that the Farmer’s Market
Association be authorized to use the north half of the City Parking Lot at the
northeast corner of Water Street and Washington Avenue between mid-May and the
end of October, 2002 each Wednesday from 3 p.m. to 7 p.m. and each Saturday from
8 a.m. to 1 p.m. with the City providing a port-a-potty, trash receptacles,
identification signage and parking cones. 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
City Manager Sparks told the Council that a representative of MN DOT was
present and desired to make a presentation to the Council regarding railroad
crossings in the City and to propose improvements for railroad crossings to make
several crossings safer.
Julie Carr, a representative of the
Minnesota Department of Transportation’s Office of Freight, Railroads and
Waterways, appeared to present a grade crossing safety program and funding
proposal. She noted that the
Office’s primary mission is to save lives at railroad-highway grade crossings.
She proceeded to inform the Council of the typical problems at grade
crossings in general and provided information about grade crossings in Minnesota
and Albert Lea. She noted that
funding is provided for crossing improvements with the Federal government paying
90 percent of the costs and the cities paying 10 percent.
When a crossing is closed, it is funded 100 percent by the Federal
government. She provided a listing of proposed railroad safety
enhancements for the City of Albert Lea which includes the closure of three
intersections including Winter Avenue, Washington Avenue and Water Street.
She told the Council that with the closures the City cost would be –0-
and without the closures the City cost would be $60,000.
She asked that the City review the proposal and that the Office would
like a commitment from the City by resolution no later than mid-March.
No action was taken on this
request.
RESOLUTION 02-43 ADOPTED – RELATING TO HOUSING AND REDEVELOPMENT
AUTHORITY BOARD MEMBERSHIP
City Manager Sparks explained that
this resolution permits commission expiration terms to end with the term of the
council members elected terms.
Councilor McPherson moved,
Councilor Brooks seconded, that Resolution 02-43, relating to HRA board terms,
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
RESOLUTION 02-44 ADOPTED – REQUESTING THREE ADDITIONAL ON-SALE LIQUOR
LICENSES
City Manager Sparks told the Council that this resolution requests
special legislation for three additional liquor licenses for the City of Albert
Lea.
After Council discussion, Councilor
Kron moved, Councilor Amundson seconded, that Resolution 02-44, requesting
special legislation for three additional on-sale liquor licenses, 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
City Manager Sparks stated that the County Assessors office has requested
that the City Council establish May 16, 2002 at 7 p.m. as the official date for
the City Council to site as the Board of Review for tax valuation purposes.
After Council discussion, Councilor
McPherson moved, Councilor Amundson seconded, that May 16, 2002 at 7 p.m. be
established as the official date for the Board of Review meeting.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the date established.
RESOLUTION 02-45 ADOPTED – APPROVING MORIN PEARL ADDITION FINAL PLAT
AMENDMENT
City Manager Sparks explained that this resolution approves an amendment
to the final plat for the dedication of Mill Street at 10 feet in width
permitting the preparation of the final documents and the eventual sale of the
properties.
After Council discussion, Councilor
Kron moved, Councilor Marin seconded, that Resolution 02-45, approving an
amendment to the Morin Pearl Addition Final Plat, 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
City Manager Sparks requested council authorization for the following tax
increment finance fund transfers:
$8022.52 from Farmstead Foods TIF District to TIF 5 Bond Fund
800.00 from TIF District 7-1 to General Fund to repay advances
6000.00 General Fund Advance
to the TIF 5 Bond Fund
After Council discussion, Councilor
Sorenson moved, Councilor Brooks seconded, that Resolution 02-46, authorizing
TIF transfers, 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
City Manager Sparks explained that this resolution cancels assessments on
the parcel of property we acquired from Seaboard/Farmland which is currently
being used as a snowmelt pit. These
assessments have been paid for a number of years and relate to the construction
of a sewer line between the packing house and our main lift station.
When the City acquired the property, staff discovered that the assessment
was continuing in place and that payments had been made.
He is now recommending canceling the remaining assessments.
After
Council discussion, Councilor Kron moved, Councilor Brooks seconded, that
Resolution 02-47, canceling
assessments, be approved. On
roll call vote, all
Councilors
(See
Secretary’s Original Resolution
RESOLUTION 02-48 ADOPTED – ACCEPTING PAYMENT ON ASSESSMENTS AS PAYMENT
IN FULL
City Manager Sparks explained that Darvin Habben had made a payment on
his assessments for sanitary sewer Job 9820 for Lot 1, Block 5, Habben First
Addition, in anticipation of going to closing and the transfer of the property
to the Port Authority. The payment
made was payment in full less $18,000, which is the contractual amount that the
City agreed to provide Mr. Habben as an indirect option fee for additional
property that we may be interested in acquiring.
At closing on the property, which should occur soon, the City will make a
transfer from the Port Authority to the City to pay the remaining $18,000 as
part of the closing.
After Council discussion, Councilor
Brooks moved, Councilor Amundson seconded, that Resolution 02-48, accepting
payment on assessments as payment in full, 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
RESOLUTION 02-49 ADOPTED – AMENDING CONTRACT WITH MN DOT FOR WATER LINE
REPLACEMENT
City Manager Sparks informed the Council that this resolution approves an
amendment to the contract on the West Main Street bridge replacement and road
work for the replacement of the water line. The original estimate for replacement was $41,259.24 and the
revised estimate is $68,788.87. The increase in cost requires Council approval.
Even though the cost is significantly higher, Mr. Sparks is recommending
approval because the work needs to be done and the State has provided for it in
their contract.
After Council discussion, Councilor Kron moved, Councilor Brooks
seconded, that Resolution 02-49, amending the contract with MN DOT for water
line replacement, 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
RESOLUTION 02-50 ADOPTED – AUTHORIZING SALE OF LOT AT 722 SOUTH
WASHINGTON
City Manager Sparks explained that
the City had received an offer to purchase the lot at 722 South Washington for
$6500 from Jason and Fayette Dybedahl to permit a private drive and garage
construction adjacent to their property at 720 South Washington.
Albert
Lea, MN February 25, 2002
After Council discussion, Councilor
Kron moved, Councilor Marin seconded, that Resolution 02-50, authorizing the
sale of the lot at 722 South Washington, 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
WARD ITEMS
First Ward, Councilor Amundson:
a)
Received a request from Oak Park Place for restricted parking on both
sides of Quisley Street from the west side of its driveway to Bridge Avenue for
easier access for vendors with deliveries into and out of its property.
Councilor Amundson moved, Councilor Marin seconded, that the request for
restricted parking 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
Second Ward, Councilor McPherson:
a)
Has received requests for a four-way stop at First Avenue and Clark
Street on a temporary basis during road construction.
City Manager Sparks stated that he has received requests for four-way
stops at Front Street and Plainview Lane also.
The City Engineer will review and make recommendations.
Third Ward, Councilor Marin:
a)
Stated that it is nice to have four way stop signs at First Avenue and
Front Street.
b)
He questioned why there were no stop signs at Lincoln and Front and Spark
and Front. City Manager Sparks
stated that there may not be enough traffic to warrant them.
The City Engineer will review these intersections.
c)
Questioned whether the parking restrictions on Front Street were
clarified. The City Engineer stated
that Front Street is designated as a State detour and parking must be approved
by MN DOT and the traffic engineer in Rochester.
Fourth Ward, Councilor Sorenson:
a)
Freeborn Avenue residents have requested a feasibility study for alley
paving in
Albert
Lea, MN February 25, 2002
b)
Reported that a car at the intersection of Garfield Avenue and Fairlane
Terrace had skidded on the icy pavement and hit a stop sign. He noted that the streets have become a shortcut to school
and to the North Bridge Mall. The
City Engineer will review and make recommendations.
Sixth Ward, Councilor Brooks:
a)
Questioned whether the engineering staff had had an opportunity to review
the
b)
Lou-Rich has requested that with the detour on Front Street if perhaps a
police
ADJOURNMENT – 9:25 P.M.
Councilor Amundson moved, Councilor
McPherson 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, March 11, 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 26,
2002.
________________________ _____________________________
Secretary of the Council
Mayor