Albert
Lea, MN
March 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, the Albert Lea Tribune and KAAL-TV.
CONSENT AGENDA
(a)
APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF
MARCH 11, 2002.
(b)
RESOLUTION 02-61 ADOPTED – APPROVING LAWFUL GAMBLING
APPLICATION: Resolution
02-61 approves a Minnesota Lawful Gambling Premises Permit Application for the
Knights of Columbus Council #1590 at Leo Carey American Legion Post #56 at 142
North Broadway Avenue.
(See Secretary's Original Resolution
02-61 included with these minutes.)
(c)
RESOLUTION 02-62 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 02-62 approves a Minnesota Lawful Gambling Application to
Conduct Excluded Bingo for the VFW Post 447, 142 North Broadway, for bingo at
the Freeborn County Fair July 30 through August 4, 2002.
(See Secretary’s Original Resolution
02-62 included with these minutes.)
(d)
RESOLUTION 02-63 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 02-63 approves a Premises Permit Renewal Application for the
Elks Lodge 813 at 1811 Southeast Broadway.
(See Secretary’s Original Resolution
02-63 included with these minutes.)
(e)
RESOLUTION
02-64 ADOPTED - CLAIMS:
Resolution 02-64 presents the
financial
claims of the City.
(See Secretary's Original Resolution
02-64 included with these minutes.)
Councilor McPherson
moved,
Councilor Sorenson
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.
RAILROAD CROSSING CLOSURES – PUBLIC
HEARING
Mayor
Haukoos opened a public hearing to consider the closing of railroad crossings at
Washington Avenue, Water Street and Winter Avenue.
The necessary notice for this hearing was published on February 15, 2002.
Mike
Murtaugh, 511 Harriet Lane, appeared in opposition to the proposed closings
citing difficulty for emergency vehicles reaching the areas affected by the
closings and the fact that there are several hills in the Winter Avenue area
which would be difficult to navigate.
Patrick
Corrigan, 814 Frank Hall Drive, appeared in favor of closing Washington Avenue
noting that this is a dangerous crossing.
Dick
Cameron, 411 Winter Avenue, appeared in opposition to closing Winter explaining
that closing Winter would force more traffic near Lakeview School.
Tony
Samudio, 923 Autumn, appeared in opposition to closing Winter noting that this
is the only way out of the neighborhood during the winter months.
Orlan
Frasier, 804 Water Street, appeared in opposition to the closing of the Water
Street crossing.
Paul
Schroeder, 720 Water Street, appeared in opposition to the closing of Water
citing his feeling that the trains will only travel faster at the crossing
making it more dangerous for children in the area.
City
Manager Sparks told the Council that Julie Carr, the MN DOT representative, had
called. She explained that the Washington Avenue crossing has the
most critical need for closing due to train speeds at that crossing.
She also noted that the State would probably not object to leaving Water
and Winter open for traffic.
Mayor
Haukoos stated that he had been contacted by Dick Hagen who explained his
feeling that the closing of Washington would most affect the grocery store. Mr. Hagen had noted that some of his neighbors are also
opposed to the Washington Avenue closing.
Council
discussion included a concern for access to the grocery store, the possibility
of repercussions from not closing the crossings, the fact that no accidents had
occurred at the intersections, a stop sign on the north side of the Washington
Avenue crossing, crossing closings could create additional problems, the danger
of children crossing with no warning and a desire to see the crossings remain
open.
After
Council discussion, Councilor Brooks moved, Councilor Marin seconded, that the
railroad crossings at Washington, Water and Winter remain open.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the public hearing closed.
MARCH
OF DIMES WALK APPROVED
City
Manager Sparks explained that the Council had received a request for permission
to conduct the March of Dimes Walk around Fountain Lake on Sunday, April 21,
2002, starting and ending at Brookside School.
After Council discussion, Councilor Sorenson moved, Councilor Kron
seconded, that the request for the March of Dimes walk on April 21 be approved.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the walk approved.
RESOLUTION 02-65 ADOPTED – AUTHORIZING
JOINT POWERS AGREEMENT AMENDMENT
Marilyn Koprowski, Project Facilitator for the Freeborn County Family
Services Collaborative, appeared before the City Council to present the
group’s annual report. She
proceeded to read the list of accomplishments achieved by the Collaborative.
Ms. Koprowski then requested that the City Council authorize an amendment
to the Joint Powers Agreement extending the sunset clause to June 30, 2003.
After
Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that
Resolution 02-65, authorizing an amendment to the Joint Powers Agreement
extending the sunset clause to June 30, 2003.
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
02-65
included with these minutes.)
RESOLUTION 02-66 ADOPTED – AUTHORIZING PURCHASE OF PLOW TRUCK
City Manager Sparks explained that the City had added
an additional driver to the Street Department to adequately clear additional
streets annexed during the past 15 years. With
the additional driver, another plow truck is necessary.
He is recommending the purchase of a larger plow truck similar to the
equipment used by the State and County Highway Departments.
The purchase would be under the state bid contract.
After
Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that
Resolution 02-66, authorizing the purchase of the plow truck as requested by
City staff, 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
02-66
included with these minutes.)
RESOLUTION 02-67 ADOPTED – INITIATING TAX INCREMENT
FINANCE DISTRICT 5-13 FOR FARMLAND FOODS
City Manager Sparks explained that this resolution calls a public hearing
for the establishment of Tax Increment Finance District 5-13 and sets out other
provisions including the notification to the School District and County Board.
The tax increment process is being initiated now in anticipation of the
adoption of a special bill requested of the State Legislature by the City.
The district would be a combination of new development and redevelopment
which would include the new plant site and the old Farmland site.
This allows the City to capture the gain in taxes from the new
construction to use for the clean-up of the old site.
If Farmland decides not to proceed, the City would terminate the
proceedings.
After
Council discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-67, initiating Tax Increment Finance District 5-13, 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
02-67
included with these minutes.)
RESOLUTION 02-68 ADOPTED – AUTHORIZING EXECUTION OF GRANT AGREEMENT
FOR AIRPORT
City Manager Sparks told the Council that this resolution approves a
grant agreement with the Minnesota Department of Transportation Department of
Aeronautics for replacing the tractor and mower attachment at the Airport.
The State will pay $69,900 (60 percent) and the City will pay $46,600 (40
percent) and the City share is included in the 2002 budget.
After
Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that
Resolution 02-68, authorizing execution of the grant agreement for airport
improvement, be approved. On
roll call vote, all Councilors
voted in favor of said motion.
Mayor Haukoos
(See
Secretary’s Original Resolution
02-68
included with these minutes.)
RESOLUTION 02-69 ADOPTED – AUTHORIZING FUND TRANSFER
City Manager Sparks explained that it is necessary to transfer $12,000
from the General Fund to Tax Increment Finance District #5 Bond Fund as an
advance.
After
Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that
Resolution 02-69, authorizing the transfer of $12,000 from the General Fund to
Tax Increment Finance District #5 Bond Fund, 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
02-69
included with these minutes.)
RESOLUTION 02-70 ADOPTED – ACCEPTING BID FOR
JOB 0213
City Manager Sparks noted that
the City had accepted bids on March 22 for 2002 Watermain Contract No. 1 (Job
0213). Bids were received from
Sorensen Bros., Inc., Albert Lea, Freeborn Construction, Inc., Albert Lea, KTM
Contracting, Faribault, Municipal Contracting Services, Faribault, and Crane
Creek Construction of Owatonna.
After Council discussion, Councilor Brooks moved, Councilor Marin
seconded, that Resolution 02-70 accepting the bid of Sorensen Bros., Inc. for
Job 0213, 2002 Watermain Contract No. 1, at a cost of $99,510.50, 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
02-70
included with these minutes.)
RESOLUTION 02-71 ADOPTED – ACCEPTING BID FOR
JOBS 0127 AND 0201
City Manager Sparks explained
that the City had accepted bids on March 22 for 2002 Bituminous Contract No. 1
(Jobs 0127 and 0201). Bids were
received from Ulland Bros., Inc., Albert Lea, and Crane Creek Construction of
Owatonna.
After Council discussion, Councilor McPherson moved, Councilor Brooks
seconded, that Resolution 02-71 accepting the bid of Ulland Bros., Inc. for Jobs
0201 and 0127, 2002 Bituminous Contract No. 1, at a cost of $602,944.12, 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
02-71
included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Third Ward, Councilor Marin:
(a)
Received a letter from Don Blake requesting the City consider resurfacing
Regency Lane. Marin asked that a
feasibility study be prepared and submitted to the City Manager.
(b)
Restated his previous request that Councilors give brief reports from
committees they serve on to update the public and other Councilors.
(c)
Requested that when organizations or individuals request to be place on
the agenda that the City Manager’s Office give a courtesy call to the person
informing them when the item would appear on the Council’s agenda.
(d)
Requested that letters discussed at Council meetings be read or
summarized, and the individuals identified, especially during a public hearing.
(e) Thanked his constituents for sending him to the National League of
Cities meeting in Washington, D. C. He
feels that he learned a lot during the conference and noted that several cities
are opening meetings with a prayer and the Pledge of Allegiance.
He suggested that the City Council do likewise and moved to include the
reading of the Serenity Prayer and the recitation of the Pledge of Allegiance at
the beginning of each regular Council meeting.
Councilor Brooks seconded the motion.
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
02-72
included with these minutes.)
Mayor Haukoos noted Councilor’s Marin’s request that individuals
writing letters should be identified as well as the opinion summarized during
the meeting and indicated his agreement with this request.
City Manager Sparks told the
Council that there are no Council procedures currently in place requiring such
disclosures and said that a policy may not be a good idea if the letter was
written to an individual Councilor as opposed to the entire Council.
He agreed that letters addressed to the City should be identified.
Councilor Sorenson spoke in
opposition to releasing this information due to the fact that individuals may be
expressing an unpopular opinion or may be fearful of intimidation or
recrimination.
(f)
Requested that the boat dock issue be revisited.
Sixth Ward, Councilor Brooks:
(a) Requested that the City fill potholes in alleys between Todd and Frank Hall, Academy and Lee and Academy and Margaretha as well as those on Kenneth Drive and Eunice Drive.
(b)
Clarified Councilor Marin’s request regarding release of
names. If an individual appears at
a Council meeting, they are required to identify themselves and that if letters
are mentioned that the writers should also be identified.
PUBLIC ITEMS
Anthony Trow, 522 Park Avenue, spoke in favor of a public dock on
Fountain Lake and commented that visitors to the community with boats have no
place to tie up and cannot take advantage of the various activities taking place
around the community. He proposed
separating the Berg rental business from the public dock issue and that
public docks be placed not only at the beach but also on Bridge Street and at
Fountain Lake Park. With regard to
Berg’s request for permission to operate a boat rental business and the
subsequent denial could be handled by Berg taking reservations over the phone
and delivering the boats to a designated site somewhere around the lake.
Council discussion included a
question of whether renting boats from Berg by phone wouldn’t be the same as
renting from his property or the beach and comments in favor of the placement of
a public dock.
City Attorney Schwab said that the
rental by telephone with delivery could be considered an acceptable home
occupation.
After additional Council
discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution
02-73 permitting a seasonal boat dock at the City Beach be approved.
He noted that his motion is for the boat dock only and does not include
the boat rental business. On roll
call vote, Councilors Amundson, Brooks, Marin and Mayor Haukoos voted in favor
of the motion with Councilors McPherson, Sorenson and Kron voting nay.
Mayor Haukoos declared the motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-73
included with these minutes.)
Randall Erdman, 210 North Second Avenue, updated the Council with regard
to the request to the Legislature to permit a local sales tax.
He noted that the issue has been introduced in the Senate and House,
thanked the City Manager and Mayor for testifying at the committee hearing
regarding the issue and suggested that citizens and councilors contact their
legislators requesting support of the legislation.
ADJOURNMENT – 8:44 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, April 8, 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 March 26, 2002.
________________________
_____________________________
Secretary of the Council Mayor