[Home][Police][Fire/Inspection][Public
Works] [Community
Development] [Planning]
[Library][Park
& Recreation][City
Code] [City Officials]
[Previous City Council Minutes]
Albert
Lea, MN May 13, 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.
The
City Council recited the Pledge of Allegiance and Councilor Marin recited the
Serenity Prayer.
(a)
APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF APRIL 22, 2002.
(b) LICENSES APPROVED:
ANNUAL
LICENSE
FOOD/BEVERAGE
Brandi Sartain d/b/a Talk About the Weather, 115 S. Broadway
Brian Johannsen d/b/a Andy’s Roadhouse, 2301 E. Main Street
Dawn Hanna d/b/a Top Shelf, 137 E. Clark
CIGARETTE
Brian Johannsen d/b/a Andy’s Roadhouse, 2301 E. Main Street
Dawn Hanna d/b/a Top Shelf, 137 E. Clark
CABARET
Brian Johannsen d/b/a Andy’s Roadhouse, 2301 E. Main Street
BILLIARDS
Brian Johannsen d/b/a Andy’s Roadhouse, 2301 E. Main Street
FIREWORKS
Kurt Allan Peterson d/b/a K & C Fireworks, 2149 Highland Avenue
TEMPORARY LICENSE
FOOD/BEVERAGE
Albert Lea Campus Foundation, 2200 Riverland Drive, for the Gala April 27
Low Bucks Car Club for the Freeborn County Fairgrounds June 15 and 16
Destination Albert Lea for the N. Broadway Parking Lot May 15th
and 18th
PUBLIC DANCE
Albert Lea Campus Foundation, 2200 Riverland Drive, for the Gala April 27
Low Bucks Car Club for the Freeborn County Fairgrounds June 15
(c)
RESOLUTION
02-96 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:
Resolution
02-96 approves a Minnesota Gambling Control Board Premises Permit Renewal
Application for Mower Council for the Handicapped at the Nites Out Lounge, 2306
East Main Street.
(See
Secretary's Original Resolution
(d)
RESOLUTION
02-97 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution
02-97 approves a Minnesota Lawful Gambling Application to Conduct Excluded Bingo
from the Albert Lea Lions Club
at the
Freeborn County Fair July 30, 2002 through August 4, 2002.
(See
Secretary's Original Resolution
(e)
RESOLUTION
02-98 ADOPTED - CLAIMS:
Resolution 02-98 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 for Job 0209, bituminous overlay of streets in
the New Hills Condominium Park. The
necessary notice for this hearing was published on April 15, 2002.
Larry
Ness, 1204 Gene Avenue, appeared on behalf of the residents of the New Hills
Condominium Park. He asked why the
assessments couldn’t be assessed to each owner.
City Manager Sparks explained that this subdivision operates as a
condominium and that common areas of the park would remain unassessed. The area would
be billed as the water bill is done, one bill to the association with charges
divided between properties.
Mr.
Ness asked whether the overlay would stop flooding.
City Engineer Olson told Mr. Ness that the area in question would be
raised to alleviate the flooding. Mr.
Ness then asked about newly installed driveways in the park and Mr. Olson told
him that the plan included milling to even up the driveways with the roadways.
Mr.
Ness then asked about a guarantee. Mr.
Olson replied that a 1 ½” overlay is planned and that this is merely a
band-aid approach, a guarantee would require complete rebuilding of the streets.
City Manager Sparks added that a total reconstruction would cost a lot
more than an overlay. Additional
questions included when the work would be done, plans for 19th
Street, ability to pay a portion of the assessment before certification and the
possibility of having driveways done at the same time as the overlay.
Councilor
Brooks questioned whether the project is still favorable after the
association’s recent meeting and Mr. Ness responded that it was.
Robert
Christopherson, 2311 Forest Avenue, asked how long the overlay would last.
Mr. Sparks responded that it usually lasts between 10 to 15 years but
that there is no guarantee. Mr.
Christopherson also questioned whether any state or city assistance was
available to which Mr. Sparks
responded that none was available.
After
Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Job
0209, the bituminous overlay of the New Hills Condominium Park, 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
TRANSFER
OF ANDY’S ROADHOUSE LIQUOR LICENSES – PUBLIC HEARING
City
Manager Sparks explained that this is the transfer of the on-sale intoxicating
liquor licenses for Andy’s Roadhouse Bar & Grill from Andy’s Roadhouse
Bar & Grill, Inc. to Brian Johannsen. The
necessary notice for this hearing was published on April 29, 2002.
Councilor
Kron moved, Councilor Amundson seconded, that the transfer of Andy’s Roadhouse
Liquor Licenses be approved. On
roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the transfer approved.
RESOLUTION
02-100 ADOPTED – RESERVE LIQUOR LICENSE
City
Manager Sparks explained that Rachel Christensen has requested that one of the
three available on-sale liquor licenses be set aside for use in the development
of a restaurant in the East Main area. The
restaurant would be located in the East Main Tax Increment District and Ms.
Christensen is negotiating with a company requiring assurance that a liquor
license would be available.
After
Council discussion, Councilor Kron moved, Councilor Amundson seconded, that an
on-sale intoxicating liquor license be reserved for the East Main Tax Increment
District for a six-month period. 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
TAKE
A KID FISHING CONTEST APPROVED
City
Manager Sparks explained that the Fountain Lake Sportsmen’s Club has requested
permission to conduct its annual “Take A Kid Fishing” contest on June 8 at
New Denmark Park and Katherine Island.
Councilor
Marin moved, Council Brooks seconded, that the request of the Sportsmen’s Club
for the fishing contest, be approved. On
roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried.
REQUEST FOR CAR CRUISE
City Manager Sparks told the Council that the Low
Bucks Car Club has requested permission to conduct its annual car cruise in
conjunction with Eddie Cochran Weekend. The Club is working with the Police
Department, the Engineering Department and the Minnesota Department of
Transportation on the route.
After Council discussion, Councilor Amundson moved,
Councilor McPherson seconded, that the request of the Low Bucks Car Club for its
annual car cruise be approved. On
roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the request granted.
City
Manager Sparks informed the Council that the Albert Lea Lake Cleanup Committee
has requested the City provide yellow marking paint and a stencil for use on
storm sewer signage. The group
wants to stencil “Next Stop The Lake” on storm sewers around the City the
week of May 20 through May 26, 2002.
Council
discussion centered around a desire to stencil a universal symbol at the storm
sewer sites rather than a written message.
Tony
Trow, 522 Park Avenue, told the Council that the group has not analyzed the
casting on the storm sewers but wants to assure that people understand the
message that anything placed in a storm sewer goes into the lake eventually.
They are willing to discuss details with the City staff.
After
Council discussion, Councilor Marin moved, Councilor Brooks seconded, that the
request be approved based on the committee members working with the City
Engineer to come up with a plan. Councilor
Sorenson told Mr. Trow that he would hope the group would take aesthetics into
consideration. It was a consensus
of the Council that the group use a universal symbol only. 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
RESOLUTION 02-102 ADOPTED – AUTHORIZING NEGOTIATION WITH MIDWEST
WIRELESS
City
Manager Sparks explained that Midwest Wireless has requested that the City
consider allowing them to place cellular antennas on the downtown water tower.
They have offered to pay $900 per month for the privilege and are asking
for permission to place eighteen antennas and coax on the tower with a 12-foot
by 20-foot equipment shelter at the base of the tower.
The company is proposing a contract which would potentially run for a
total of 25 years. Mr. Sparks is
requesting permission to negotiate this agreement with Midwest Wireless
including the renewal options, percentages and possible franchise options.
Andy
Bobrytzke, Construction Specialist with the Mankato Midwest Wireless Office,
appeared before the Council. The Council questioned the terms requested.
Mr. Bobrytzke informed the Council that the numbers are arbitrary, that
the company would need a specific time period to pay for its investment.
They are interested in staying in the community.
After
Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that
Resolution 02-102, approving the concept proposed by the company and authorizing
the City Manager to continue negotiation
and investigation. 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 informed the Council that this resolution would identify a property, identified as Parcel B, Block 24, Morin’s Subdivision, as a legal non-conforming use and authorizing a division/consolidation for property owned by Kraus Foods at First Avenue South and West Main Street. He told the Council that Kraus is selling a portion of this property and that there has been confusion in the past as to which side of the building is the front. This resolution will clarify that question and alleviate confusion by identifying the front of the building as that part on First Avenue South.
(See
Secretary’s Original Resolution
RESOLUTION
02-104 ADOPTED – GRANTING A DIVISION/CONSOLIDATION OF LOTS OF RECORD
City
Manager Sparks explained that this resolution approves a lot split and
consolidation of Lots 6 and 7, Block 1, Garden Villa Subdivision.
Councilor
Marin moved, Councilor McPherson seconded, that Resolution 02-104, granting a
division and consolidation of lots of record, 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
02-105 ADOPTED – APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR SOUTH
MINNESOTA OIL FOOD AND FUEL
City
Manager Sparks told the Council that this resolution approves an amendment to a
Conditional Use Permit for South Minnesota Oil Food and Fuel at 201 East Front
Street. The amendment will permit
the owner to realign the pumps in a manner more conducive to current design of
convenience stores.
Councilor
Kron moved, Councilor Brooks seconded, that Resolution 02-105, approving an
amendment to a Conditional Use Permit for South Minnesota Oil Food and Fuel, 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
CALLING
A HEARING FOR THE ISSUANCE OF A TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE
FOR THE FREEBORN COUNTY AG SOCIETY
City
Manager Sparks told the Council that staff had received an application for the
issuance of a temporary four-day
on-sale intoxicating liquor license for the Freeborn County Agricultural Society
for use at the Freeborn County Fair from August 1 through 4, 2002 and requested
that the Council set a public hearing date for this license.
Councilor McPherson moved, Councilor Sorenson seconded, that a public
hearing for the issuance of a temporary on-sale intoxicating liquor license for
the Freeborn County Ag Society beer garden be called for May 28, 2002.
On roll call vote, all councilors voted in favor of the motion.
Mayor Haukoos declared the motion carried and the hearing called.
RESOLUTION
02-106 ADOPTED – SETTING ASSESSMENT RATE AT SIX PERCENT
City
Manager Sparks explained that this resolution establishes the interest rate
charged for assessments at six percent, which is one percent over the City’s
last borrowing costs and protects the City with sufficient interest income to
meet our debt service.
Councilor
McPherson moved, Councilor Brooks seconded, that Resolution 02-106, setting the
City’s assessment rate at six percent, 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
02-107 ADOPTED – AUTHORIZING PURCHASE OF REAL ESTATE
City
Manager Sparks reported that he has received an offer to purchase the Hansen
Building and adjacent parking lot at a purchase price of $200,000, with the
Bjornnes family making a $50,000 donation to the City, the City paying $10,000
cash at closing and financing by the family of $140,000 at seven percent for a
20-year period with a five-year balloon payment.
The offer acknowledges our plan to demolish the building and
redevelopment of the area. The City
will provide the family with indemnification from any liability regarding
environmental hazards or relocation of existing tenants.
The City would agree to pay all back taxes, assessments and interest.
Mr. Sparks noted that this acquisition would enable the City to begin the
redevelopment process on the entire area east of Broadway in the downtown tax
increment finance district. The
property is a critical piece of the redevelopment area.
The Bjornnes family has a first right of refusal obligation to a third
party which will have to expire before our purchase can be finalized.
Timothy
Miller, the manager of the property, told the Council that he was told by Will
Bjornnes that the property is not for sale, that the offer for sale came from
Pat Carr, the Freeborn Holding Company’s broker.
He asked whether the City would demolish the building and what would
happen to the residents. Mr. Sparks told Mr. Miller that the City intends to demolish
the building and that the residents would be relocated according to law.
Mr. Miller said that he has 14 apartments, with 11 rented, and three
rented office spaces and that the building is still functional.
Mr. Sparks informed Mr. Miller that there is currently over $7000 in back
taxes, interest and penalties due and when the City relocates the residents that
they will be fully informed and compensated for the relocation.
Council
discussion centered around a need to acquire the property for the tax increment
district, the services provided to the residents and the fact that the property
may not be available in the near future.
After
Council discussion, Councilor Kron moved, Councilor Marin seconded, that the
purchase of the real estate be authorized.
On
roll call vote, all Councilors voted in favor of said motion with the exception
of Councilor McPherson who voted nay. Mayor
Haukoos declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution
RESOLUTION
02-108 ADOPTED – ACCEPTING BIDS
City
Manager Sparks told the Council that the City had accepted bids for
hydrofluosilicic acid, liquor chlorine, phosphate inhibitor, gasoline and diesel
fuel and bituminous materials on April 24, 2002 and that he is recommending
award to the low bidder in all cases.
Councilor
Sorenson moved, Councilor McPherson seconded, that the low bids submitted for
the chemicals, gasoline, and bituminous materials be accepted.
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
ORDINANCE
53, 3D INTRODUCED – AMENDING CITY CODE SECTION 38-61 RELATING TO FIREWORKS
City
Manager Sparks explained that with the permitted sale of fireworks recently
approved by the State Legislature that it is necessary to amend the City Code to
comply. The ordinance includes a
provision for a license and insurance.
After
Council discussion, Councilor Amundson introduced Ordinance 53, 3d, amending
City Code Section 38-61 relating to fireworks.
Ordinance 53, 3d will lay over for a second reading and public hearing
pursuant to Charter requirements.
(See
Secretary’s Original Ordinance
RESOLUTION 02-109 ADOPTED – RECONFIRMING WARD BOUNDARIES
City
Manager Sparks told the City Council that State law requires that the Council
confirm the ward boundaries as they now exist as a part of the required
redistricting. He explained that
the ward populations did not deviate more than 10 percent from the average and
that based upon that amount of difference it would be difficult to redraw
cleaner lines to comply with the balancing requirements. He, therefore, recommended that the ward boundaries remain as
is.
After
Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that the
existing ward boundaries be reconfirmed. 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 02-110 ADOPTED – AUTHORIZING
LOAN TO VASCO, INC.
City
Manager Sparks explained that this resolution approves an Economic Development
loan to Vasco, Inc. to allow expansion of its existing northside building.
The loan is in the amount of $125,000 and would be added to an existing
loan from the Revolving Fund with a balance of $61,096.81.
The loan would be subordinate to a primary mortgage and would be a
15-year amortization at four percent interest with a seven-year balloon.
The expansion would include an 8000 square foot addition which would
permit additional employees to be hired with wage rates between $10 and $12 per
hour. The approval of this loan
would be subject to final review of financial information and loan documents.
Discussion
centered around the fact that this financing is probably gap financing, that a
bank loan may also be included, the number of jobs included, employment
requirements and a desire for final review prior to loan closing.
After
Council discussion, Councilor Brooks moved, Councilor Sorenson seconded, that a
loan to Vasco be authorized. 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
02-111 ADOPTED – AUTHORING LOAN TO KLEENTEC
City
Manager Sparks informed the Council that this resolution approves an Economic
Development loan to KleenTec in the amount of $150,000 to permit the company to
expand the existing building. The
City would receive a second mortgage at four percent interest amortized over 15
years with a seven-year balloon. KleenTec anticipates hiring ten additional employees and wage
scales have yet to be determined. This
loan approval would be subject to final review of financial information and loan
documents.
After
Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that a
loan to KleenTec be authorized. On
roll call vote, all Councilors voted
in favor of said
(See Secretary's Original Resolution
NEXT
COUNCIL MEETING
City
Manager Sparks reminded the Council that the next regular meeting falls on a
holiday necessitating a date change to May 28, 2002.
Councilor McPherson moved, Councilor Amundson seconded, that the next
meeting of the Albert Lea City Council be held on May 28, 2002.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the date set.
BOARD
OF REVIEW
City
Manager Sparks reminded the Council that they will sit as the Board of Review on
Thursday, May 16, 2002 at 7 p.m. and that a quorum is required.
GAZEBO
FEE WAIVED
City
Manager Sparks explained that Jim Pilgrim
had called on behalf of the Festival of Bands committee.
They have gotten a commitment from the Army Reserve Band that they will
perform in the festival and have also agreed to perform in the gazebo after the
parade on the 16th of June. They
are requesting that the fee for renting the gazebo be waived due to a limited
Festival of Bands budget.
Councilor
McPherson moved, Councilor Marin seconded, that the fee for gazebo rental as
requested be waived. On roll call vote, all Councilors voted in favor of said
motion. Mayor Haukoos declared the
motion carried and the fee waived.
Second
Ward, Councilor McPherson:
(a)
Noted that certain
areas of his ward are a mess but expressed his appreciation to
the
Engineering Department
for efforts in keeping on
top of the construction
project.
Third
Ward, Councilor Marin:
(a)
Thanked the City Engineer for attempting to take care of a problem with a
driveway on Front Street and for follow up.
(b)
Requested that the Engineering Department hold a neighborhood meeting
with residents on Regency Lane to describe options for repairs included in the
feasibility study.
Fourth
Ward, Councilor Sorenson:
(a)
Requested a study of left turn lanes on Bridge and Marshall, especially
for north/south traffic.
Sixth
Ward, Councilor Brooks:
(a)
Asked for an update on the
Dawn Acres feasibility report, the Frank Avenue project and the James Avenue
project. City Engineer Olson told
Councilor Brooks that they haven’t had time to work on the Dawn Acres
feasibility study, that the final lift of blacktop on Frank will be done next
week and that trees have been taken down on James, Alliant has been scheduled
and a pre-construction conference has been scheduled.
(b)
Asked whether any studies
have been performed for the flood area in the Union Center area.
City Manager Sparks told Councilor Brooks that this would be a FEMA
project, the properties would be purchased and demolished.
The problem would be coming up with the local share.
(c)
Asked for an update on
Memorial Park improvements. City
Manager Sparks explained that the improvement is on the schedule for the next
couple of weeks weather permitting.
PUBLIC ITEMS
Tony
Trow, 522 Park Avenue, questioned whether it is too late to consider
alternatives to lighting plans for the new bridge construction.
City Engineer Olson told Mr. Trow that he could talk with MN DOT but that
the contract for the lighting has already been let. City Manager Sparks told Mr. Trow that any changes to
lighting at this point would require the City pay for those changes.
ADJOURNMENT – 8:53 P.M.
Councilor
Brooks moved, Councilor Kron 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 28, 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 May 14, 2002.
________________________ _____________________________
Secretary
of the Council
Mayor