Albert Lea, MN                                                                                                      April 22, 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.

Councilor Marin recited the Serenity Prayer and the City Council recited the Pledge of Allegiance.

CONSENT AGENDA

(a)               APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 8, 2002.

(b)      LICENSES APPROVED:

            TEMPORARY LICENSE

             OFF-PREMISES LIQUOR

             Aragon Bar (Jeff Fjelstad) at the Armory on April 20 and 27, 2002

 (c)  RESOLUTION 02-87 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 02-87 approves a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Southern Gateway Chapter Minnesota Deer Hunters Association at the Eagles Club, 205 West William, on September 17, 2002.

(See Secretary's Original Resolution

02-87 included with these minutes.)

(d)  RESOLUTION 02-88 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 02-88 approves a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Southern Gateway Chapter Minnesota Deer Hunters Association at Leo Carey American Legion Post #56, 142 North Broadway Avenue, on September 14, 2002.

(See Secretary's Original Resolution

02-88 included with these minutes.)

     (e)      RESOLUTION 02-89 ADOPTED – CALLING A HEARING FOR MISCELLANEOUS ASSESSMENTS ROLL 36:  Resolution 02-89 calls a public hearing for Miscellaneous Assessment Roll 36 for May 28, 2002.

(See Secretary's Original Resolution

02-89 included with these minutes.)

     (f)        RESOLUTION 02-90 ADOPTED - CLAIMS:   Resolution 02-90 presents the

      financial claims of the City.

  (See Secretary's Original Resolution

02-90 included with these minutes.)

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.

TAX INCREMENT FINANCING DISTRICT 5-13 – PUBLIC HEARING

Mayor Haukoos opened a public hearing for Tax Increment Financing District 5-13 (Farmland Project).  The necessary notice for this hearing was published on April 12, 2002.

Ed Tschida, Advance Resources, the City’s tax increment consultant, told the Council that this hearing was scheduled at the Council’s March 25 meeting and that, as yet, legislative approval has not yet been passed.  Mr. Tschida consulted the City’s tax increment attorney, Kennedy-Graven,  regarding  legal  requirements  with  regard  to  this  hearing.    Daniel Greensweig, Kennedy-Graven, responded that his recommendation would be to open the hearing, take testimony and recess the hearing to an unspecified date subsequent to action by the legislature.

  Mr. Tschida explained that the hearing includes the modification of Development District 5 and the approval of Tax Increment Finance District 5-13 for the Farmland project.  The modification to the Development District brings the industrial park into the District.  The Planning Commission has approved the modification as required by law.  The legislation permits a Tax Increment Finance project on two separate non-contiguous properties and continues for 25 years.  Mr. Tschida told the Council that Farmland would be required to sign a deficiency agreement whereby if taxes are insufficient to pay-off the district that the agreement would provide that Farmland would guarantee any deficiency.

No public comment was received.

Discussion centered around how the project affects both parcels, the size of the property, the basis for the increment and particulars included for subsequent action following legislative approval.

After Council discussion, Councilor Sorenson moved that the public hearing for Tax Increment District 5-13 be recessed to an unspecified date subsequent to legislative action.  Councilor Marin seconded the motion.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the public hearing recessed to an unspecified date subsequent to legislative action.

RESOLUTION 02-91 ADOPTED – AUTHORIZING CONTRIBUTION TO FESTIVAL OF BANDS

City Manager Sparks explained that the Festival of Bands has requested that the Council provide them with $1000 in general support.

After Council discussion, Councilor McPherson moved that a $1000 contribution to the Festival of Bands be provided in general support with funds provided by the City Council budget.  Councilor Marin 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

02-91 included with these minutes.)

REQUEST FOR PORTABLE STOP SIGN DENIED

City Manager Sparks explained that Lou-Rich is planning an open house to celebrate 30 years of business on May 18, 2002.  The Company would like permission to place a roll-out stop sign in the Front Street between 7 a.m. and 12 noon to permit attendees to cross the street safely.  He told the Council that the staff had contacted the Minnesota Department of Transportation regarding this request and had been informed that the DOT would not permit placement of the sign.  He noted that because Front Street is a designated detour for Highway  16  that  the  roadway  is  entirely  under  the  State’s  jurisdiction.   Mr.  Sparks suggested that the Council may wish to authorize a police officer be assigned to the site to assist in the safety of persons attending the open house. 

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that the Police Department be permitted to assign an officer at that site between 7 a.m. and 12 p.m. on May 18, 2002, to assist with the safety of pedestrians crossing the street to attend the Lou-Rich open house.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried.

2001 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACCEPTED AND PLACED ON FILE

Councilor Sorenson moved, Council McPherson seconded, that the 2001 Comprehensive Annual Financial Report be accepted and placed on file.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried.

RESOLUTION 02-92 ADOPTED – ACCEPTING BID FOR JOB 0202

City Manager Sparks explained that the City had accepted three bids for Job 0202, the reconstruction of James Avenue, and that the low bidder was Freeborn Construction. He recommended award to the low bidder. 

Councilor Kron moved, Councilor Brooks seconded, that Resolution 02-92, accepting the bid of Freeborn Construction in the amount of $639,500.22 for Job 0202, 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

02-92 included with these minutes.)

RESOLUTION 02-93 ADOPTED – AUTHORIZING SALE OF PROPERTY IN CHANNELVIEW AREA

City Manager Sparks told the Council that the Salvation Army has offered to purchase Parcel B of Lot 1, Block 1, Channelview Urban Renewal Area for $30,000 for the construction of a thrift store.  He noted that the group has also requested permission to acquire an additional 20 feet of Lot 2, Block 1, if necessary, and suggested that the additional property could be sold at the same rate per foot as the sale of Parcel B.  Additionally, if the group takes a part of Lot 2 a lot split would be required.

After Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that the sale of Parcel B of Lot 1, Block 1, Channelview Urban Renewal Area at a purchase price of $30,000 and permission to sell an additional 20 feet of Lot 2, Block 1, if necessary, 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

02-93 included with these minutes.)  

RESOLUTION 02-94 ADOPTED – TRANSFERRING FUNDS

City Manager Sparks explained that he is recommending the transfer of $2,000,000 from the Revolving Fund Debt Service Account to the Revolving Fund Construction Account to permit its use for additional construction.  He told the Council that the City cannot earn as much interest as it pays on bonds by investing the funds and the best way to use the money is to put it into assessments where we do receive an interest rate adequate to meet our debt service obligations. 

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 02-94, authorizing the transfer of $2,000,000 from the Revolving Fund Debt Service Account to the Revolving Fund Construction Account, 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

02-94 included with these minutes.)

RESOLUTION 02-95 ADOPTED – AUTHORIZING SALE OF PROPERTY IN MORNINGSIDE ADDITION

City Manager Sparks informed the Council that Rodney and Vicky Schewe had submitted an offer to purchase Lot 5, Block 1, Morningside Addition.  He noted that the City had acquired the property in 1976 on tax forfeiture and that the Schewes have maintained the property over the years and would like to add it to their property. 

After Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-95, authorizing the sale of Lot 5, Block 1, Morningside Addition to Rodney and Vicky Schewe for $2000, 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

02-95 included with these minutes.)

CALLING A HEARING FOR THE TRANSFER OF ANDY’S ROADHOUSE LIQUOR LICENSES

City Manager Sparks told the Council that staff had received an application for transfer of the Andy’s Roadhouse liquor licenses from Andy’s Roadhouse Bar & Grill, Inc. to Brian Johannsen and requested that the Council set a public hearing date for this transfer. 

Councilor Brooks moved, Councilor Amundson seconded, that a public hearing for the transfer of the Andy’s Roadhouse intoxicating liquor licenses be called for May 13, 2002.  On roll call vote, all councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the hearing called.

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor McPherson:

(a)        Has received complaints regarding parking on William Street west of Euclid and requested enforcement of the no parking restriction.

Third Ward, Councilor Marin:

(a)    Asked when the improvements to Wedgewood Park would begin. City Manager Sparks told Councilor Marin that he would check and report back to him.

 ADJOURNMENT – 8:09 P.M. 

Councilor Amundson moved, Councilor Sorenson 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, May 13, 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 April 23, 2002.

________________________                                     _____________________________

Secretary of the Council                                          Mayor