Albert
Lea, MN
May 14, 2001
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 Sparks, Public Works Director David Olson, City
Attorney Steven Schwab, 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 APRIL 23, 2001.
(b)
LICENSES AND BONDS APPROVED:
Robert Tewes d/b/a Crescendo, 118 S. Broadway
Avenue
Scott Jones d/b/a Farmland Tree Service, 311
Delana St., Sherburn, MN
TEMPORARY LICENSE
Jackie Abrego, 1122 E. Richway Drive, for the
Fountain Lake Park June 15th
Arnold Mulso, Daybreakers Kiwanis of Albert
Lea, for May 12, 25, 26, 27 and 28th at Trails Travel Center
(c)
CHANGES THE DATE OF THE NEXT REGULAR CITY COUNCIL MEETING FROM MONDAY,
MAY 28 TO TUESDAY, MAY 29 DUE TO THE MEMORIAL DAY HOLIDAY.
(d)
RESOLUTION 01-196
ADOPTED - CLAIMS: Resolution 01-196
presents the financial claims of the City.
(See Secretary's Original Resolution
01-196 included with these minutes.)
The Mayor asked for deletions or additions to the agenda.
Councilor Brooks requested that the Museum be added and Councilor Marin
requested that the Skate Park be added.
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.
RESOLUTION
01-97 ADOPTED – APPROVING TAX INCREMENT FINANCE DISTRICT 8-1
City
Manager Sparks explained that this item was continued from the last Council
meeting to provide an opportunity for the Council to review the financial
scenarios for the length of the Tax Increment Finance District.
The developer has indicated that the District would need to be 15 years
or longer in order for the project to proceed and the staff’s initial
recommendation was that it should not exceed 10 years.
Mr. Sparks indicated that he would not recommend the District be longer
than 15 years.
Mike
Swenson, the developer of the project, stated that the group would need a
minimum of 15 years to make the project financially feasible.
He indicated that the group would be starting the project in mid-October
and would be finished in 9-10 months. He
reminded the Council that plans are to provide 10 units for low-income residents
and would be marketing the remainder of the complex to the elderly.
After Council discussion, Councilor
Sorenson moved, Councilor McPherson seconded, that Resolution 01-97, approving
Tax Increment Finance District 8-1 with a 10-year district, 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
01-97
included with these minutes.)
City Manager Sparks told the Council that the Planning Commission had
reviewed the plan to determine conformity and had found it to be in conformance
to City plans for development of the locality as a whole.
After Council discussion, Councilor Sorenson moved, Councilor McPherson
seconded, that Resolution 01-98, approving Development District 8, 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
01-98
included with these minutes.)
RESOLUTION
01-99 ADOPTED – SUPPORTING LOAN APPLICATION FOR MRS. GERRY’S
City
Manager Sparks explained that the Southeast Minnesota Initiative Fund is
considering a loan to Mrs.
Gerry’s Kitchen to assist in
their planned expansion and as a part of the loan application the City Council
must pass a resolution in support of the project including a statement that the
project is consistent with the City’s overall plan for development.
After Council discussion, Councilor
Amundson moved, Councilor Brooks seconded, that Resolution 01-99, supporting the
loan application for Mrs. Gerry’s Kitchens, 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
01-99
included with these minutes.)
Mayor Haukoos stated that the City
had received a request from the Festival of Bands Parade Operations Chair for
permission to use electricity provided by the City in the downtown area for
concession vendors providing refreshments along the parade route on Sunday, June
17th. He noted that the
Engineering staff is assisting the parade group with logistics.
The group is also requesting that the City reserve the first row of
parking stalls on the east side of the municipal parking lot located across the
street from the American Legion from 1:30 to 5 P.M. to provide parking for
people who attend the Legion’s weekly bingo events on Sunday afternoons.
After Council discussion, Councilor McPherson moved, Councilor Kron
seconded, that the request of the Festival of Bands Parade Operations Chair, be
approved. On roll call vote, all
Councilors voted in favor of said motion. Mayor
Haukoos declared the motion carried and the requests granted.
ORDINANCE 49, 3d INTRODUCED – REZONING PROPERTY ADJACENT TO COUNTY ROAD
46 AND TOWNSHIP ROAD 105
City Manager Sparks explained that this rezoning is for the Home Depot
property south of County Road 46 and east of Township Road 105 from B-2
Community Business District to PD Planned Development District and R-1 Single
Family Residential.
Dennis Klos, Wayzata, the
subdivision developer, appeared before the City Council to respond to any
questions. He explained that the
company hoped to be under construction in late July or early August and that
this business is a win-win situation for both the company and the City noting
that the City would see additional growth as a result of the Home Depot
location. He thanked the City for
its assistance in the preparation work and noted that it has benefited the
progress of this construction project.
Council discussion centered around
the fact that this is a good project for Albert Lea and a discussion of other
particulars surrounding the construction.
After Council discussion, Councilor
Sorenson introduced Ordinance 49, 3d for the rezoning of the Home Depot
property. Ordinance 49, 3d will lay
over for a second reading and public hearing pursuant to Charter requirements.
(See
Secretary’s Original Ordinance 49, 3d
included
with these minutes.)
Mayor Haukoos stated that the
Library Director has requested the appointment of Roger Lonning as the SELCO
Advisory Board member to fill the position vacated by the resignation of Barb
Cliff.
Councilor Kron moved, Councilor Marin seconded, that the appointment of
Roger Lonning to fill the vacancy created by the resignation of Barb Cliff as
the SELCO Advisory Board member, be approved.
On roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion and the appointment confirmed.
PROPOSALS FOR ADDITIONAL FUNDS FOR
THE FREEBORN COUNTY HISTORICAL MUSEUM DENIED
Councilor Brooks requested that the Museum be added to the agenda to
discuss an additional donation to the Museum for its alarm-security system.
He explained that the Museum group has done some fund raising, has
received a grant and donations from the City and the County and is still
approximately $10,000 short. He
moved to authorize a $10,000 contribution to the Museum for the alarm security
system from the Council budget. Councilor
Marin seconded his motion. After
Council discussion and on roll call vote, Councils Marin, Brooks and Mayor
Haukoos voted in favor of the donation with Councilors Amundson, McPherson,
Sorenson and Kron voting nay. The
motion was defeated.
After additional discussion, Councilor Marin moved, Councilor Brooks
seconded, that $5,000 be provided by the Council budget and $5,000 be provided
by the Unappropriated Fund Balance for donation to the Museum.
On roll call vote, Councilors Marin, Brooks and Mayor Haukoos voted in
favor of said motion with Councilors Amundson, McPherson, Sorenson and Kron
voting nay. Mayor Haukoos declared
the motion defeated.
MAYOR’S APPOINTMENTS DISCUSSED
Mayor Haukoos told the Council that
at a previous meeting he had requested several Council appointments to various
boards and commissions and that he had erred in the appointment to the Housing
and Redevelopment Authority in that that is a five-member board and he had
appointed all Councilors. He is
therefore requesting that the Housing and Redevelopment Authority appointments
stand with Ron Sorenson appointed to a term expiring 12-31-01, David McPherson
with a term expiring 12-31-02, Warren Amundson with a term expiring 12-31-03, Al
Brooks with a term expiring 12-31-04, Mary Kron, Marilyn Tomczak and Clarence
Olson with terms expiring 12-31-05.
Councilor Marin moved, Councilor Sorenson seconded, that the Mayor’s
correction to appointments, be approved. On
roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the appointments confirmed.
City Manager Sparks explained that
the City had accepted bids for seasons requirements of various chemicals on May
6th. He is recommending
the following awards:
DPC, Rosemount, for
hydrofluosilicic acid, $10.40/cwt;
DPC, Rosemount, for liquid
chlorine, $30.90/cwt;
DPC, Rosemount, for phosphate
inhibitor, $49.40/cwt;
South Minnesota Oil, Albert Lea,
for gasoline at $1.46/gallon; D-grade at $1.16805/gallon and Arctic Diesel
$1.18805/gallon; and
Koch Asphalt, St. Paul, for
bituminous materials, $0.9069/gallon for MC 70, $1.0069/gallon for RC 800,
$0.7569/gallon for CRS-2 and $.9569/gallon for CRS-2P.
Councilor McPherson moved,
Councilor Brooks seconded, that Resolution 01-100, approving bids as recommended
by the 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
01-100
included with these minutes.)
City Manager Sparks explained that in the latter part of April the City
staff issued purchase orders for four pickup trucks to replace equipment in the
Utility and Engineering Departments. These
trucks were purchased at a State bid price of $14,601 each from the State
vendor, Olivia Dodge, Olivia, MN. He
explained that the staff issued the purchase orders inasmuch as the closing date
in which to order these vehicles was the end of April.
In order to get the new trucks this season the City must proceed with the
order with the thought of getting later affirmation from the Council on the
purchase.
After Council discussion, Councilor Brooks moved, Councilor Sorenson
seconded, that Resolution 01-101, affirming the purchase of the four trucks at
$14,601 each from Olivia Dodge, 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
01-101
included with these minutes.)
City Manager Sparks explained that
this is a renewal of a contract with Waste Management Services for the coming
year for the operation of the transfer station. Waste Systems is the primary disposal company that we use for
mixed municipal waste accepted at the transfer station.
This resolution will continue the contract with Waste Management.
After Council discussion, Councilor
Kron moved, Councilor Marin seconded, that Resolution 01-102, authorizing a
contract renewal with Waste Management Services, 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
01-102
included with these minutes.)
City Manager Sparks explained that the Engineering Department is making a
recommendation on the selection of an airport design consultant for development
of a seven year plan for the airport. He noted that this is a very extensive capital improvement
project with significant State and Federal participation.
Staff is recommending approval to retain the firm of Mead and Hunt of
Minneapolis. It is important to
retain a firm specializing in airport design so that the airport will be
properly prepared and received and the actual budget for capital improvements
would still be subject to project by project approval by the City Council.
After Council discussion, Councilor
Brooks moved, Councilor Amundson seconded, that Resolution 01-103, authorizing
the City Engineer to enter into negotiations with Mead and Hunt Consultants of
Minneapolis for services connected with the update of the Albert Lea Airport
Layout Plan, Airport Master Plan and construction of a snow removal equipment
storage building over a seven year period as outlined in the memo from the
Engineer provided to the City Council. 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
01-103
included with these minutes.)
RESOLUTION 01-104 ADOPTED – AUTHORIZING BIDS FOR THE SOUTH WATER PLANT
REPLACEMENT
The City has obtained the Engineer’s estimate for the cost of replacing
the South Water Plant and is requesting Council authorization to proceed with
advertising and acceptance of bids for the construction.
City Manager Sparks told the Council that the water system improvement
needs to proceed and that once the City opens bids we will determine how much
money needs to be borrowed and authorize a bond issue to support the
construction.
After Council discussion, Councilor
Sorenson moved, Councilor Amundson seconded, that Resolution 01-104, authorizing
advertising and acceptance of bids for the replacement of the South Water Plant,
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
01-104
included with these minutes.)
RESOLUTION 01-105 ADOPTED – WAIVING CITY TAXES AND ASSESSMENTS AND
REQUESTING WAIVER BY FREEBORN COUNTY AND I.S.D. 241
City Manager Sparks explained that there are currently close to $15,000
in outstanding taxes and assessments on the Freeborn Bank Building and the
Jacobson Apartment Building which were recently purchased by the City.
The recommendation is to waive the City’s portion of the taxes and
assessments and request that Freeborn County and Independent School District 241
do likewise. He noted that the
justification for waiving the taxes would be that the property was approaching a
derelict status and that in all likelihood the taxes would have gone unpaid and
the property eventually sold at tax forfeiture.
The City, by
stepping in
and purchasing
the property and
preparing it
for redevelopment, avoided the tax forfeiture process.
Other buildings in the Downtown that have gone forfeit have been a
problem for the County and required them to sell the property at very low prices
not recovering any outstanding delinquent taxes.
Since this property would have gone the same path it is reasonable to
consider waiving the taxes to assist the City in the redevelopment process.
The City will make no profit on the project and it will require a great
deal of public financial input to make a successful project.
It is in the public interest of the political jurisdictions to not have
this property become derelict and affect the other properties in the Downtown.
After Council discussion, Councilor
Sorenson moved, Councilor Kron seconded, that Resolution 01-105, waiving the
City’s taxes and assessments on 201-211 South Broadway and requesting waiver
by Freeborn County and Independent School District 241, 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
01-105
included with these minutes.)
RESOLUTION 01-106 ADOPTED – DIRECTING THE CITY ATTORNEY TO TAKE
ACTION SEEKING REPAYMENT OF NAFCO LOAN
Both the City and the Port Authority have agreements with Tony Bower of
NAFCO that are in default and action needs to be taken.
The City has a loan agreement dating from December 1998 in the amount of
$60,000 at five percent interest over 60 months.
Payments on the loan are in arrears and the current principal due is
$54,334.52. The staff is requesting that the City Attorney be directed to
take action to seek repayment of the full amount in arrears in accordance with
the loan agreement. The Port
Authority also has a lease agreement with NAFCO which is currently in arrears in
an amount of $50,969.14 and the Port Authority should concurrently direct the
City Attorney to seek repayment of that amount in arrears on the lease and to
begin an eviction proceeding on the property.
City Attorney Schwab noted that Mr.
Bower has proposed a payment schedule amounting to repayment of approximately
$800 per month.
After Council discussion, Councilor
Sorenson moved, Councilor Marin seconded, that Resolution 01-106, directing the
City Attorney to seek repayment of the full amount in arrears in accordance with
the loan agreement with Tony Bower of NAFCO and begin an eviction proceeding on
the property. 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
01-106
included with these minutes.)
RESOLUTION 01-107 ADOPTED – RELATING TO A PROPOSAL TO FORM TAX
INCREMENT FINANCE DISTRICT 5-12 AND CALLING A PUBLIC HEARING
City Manager Sparks explained that this resolution proposes to form Tax
Increment Finance District 5-12 within Development District 5 and adopt a tax
increment financing plan, call for consultation with other
affected jurisdictions and calling for a public hearing. He noted that this district would provide assistance to Mrs.
Gerry’s Kitchen and that the public hearing will be held on June 11, 2001.
After Council discussion, Councilor
Amundson moved, Councilor Marin seconded, that Resolution 01-107, proposing the
formation of Tax Increment Finance District 5-12 and calling for a public
hearing on June 11, 2001, 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
01-107
included with these minutes.)
RESOLUTION 01-108 ADOPTED – DECLARING EXCESS AND ABANDONED PROPERTY
AND AUTHORIZING CITY AUCTION
City Manager Sparks explained that this resolution declares certain
property excess and abandoned for sale at public auction on May 24, 2001.
After Council discussion, Councilor
McPherson moved, Councilor Kron seconded, that Resolution 01-108, declaring
excess and abandoned property and authorizing a City auction on May 24, 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
01-108
included with these minutes.)
City Manager Sparks explained that this resolution adopts the final
assessment for Job 0104, the Fisher’s Jewelers sidewalk vault backfilling in
the amount of $6,135.77 in accordance with Resolution 01-56.
After Council discussion, Councilor
McPherson moved, Councilor Brooks seconded, that Resolution 01-109, authorizing
assessments for Job 0104, 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
01-109
included with these minutes.)
SKATE PARK DISCUSSED
Councilor Marin indicated that he was interested in discussing the matter
of the Skate Park location. He
questioned whether the Engineering staff had prepared the proposed cost estimate
for the location of the Skate Park in Frank Hall Park.
City Manager Sparks stated that the costs for the installation of the
Skate Park at the Beach had been prepared and were included in the Council’s
Friday Letter.
City Engineer Olson stated that the complete 100 x 120 foot location
available at the Beach would not be
available at Frank
Hall Park
due to the size of the park and problems with
grade. He noted that if the park is
placed in Frank Hall Park that it would be limited to 80 x 100 feet and a bare
bones estimate would be $20,000 without the fence cost.
If the Council decided to go with a larger park a retaining wall would be
necessary with a fence around the wall for safety.
The City Engineer recommended locating the Skate Park at the Beach.
Council discussion centered around the fact that the slab at the Beach is
good, that bituminous could be placed on the concrete slab prior to the May 24
deadline. There are no lights
available at either location, and interest in seeing a spectator area in the
Beach location and perhaps a walkway around the park. Councilor Marin moved to locate the Skate Park at the
Municipal Beach site and keep the additional 20 feet for a spectator section.
Councilor Kron seconded that motion.
Councilor Sorenson indicated that the City should proceed with any
changes through the Park and Recreation Board.
He noted that this Board should review possible projects and provide
input into these issues.
Pat Corrigan, 814 Frank Hall Drive, told the Council that they had
approved the Beach location last year and questioned why they were discussing
this matter.
Councilor Marin indicated that he had talked to the Chair of the Park and
Rec Advisory Board and that they would prefer the Beach location.
He also noted that he had talked with the Skate Board Association and
that they would not object to the Beach location.
Jay Doppelhammer, 805 Fourth Avenue South, a member of the Park and Rec
Advisory Board, told the Council that the Board agrees that the Beach area is
the best location.
Additional Council discussion centered around the fact that the Council
has already determined a location, that the equipment must be removed from the
Channel View site by August 1 to permit an overlay and painting prior to the
September 15 date for Fall tennis, the fact that the Y has nothing firm
established at this point, a need to make a decision with the equipment to be
delivered soon and a desire to go with the plan as it stands with any changes
referred to the Park and Rec Board for review and recommendation.
Stan Sevaldson, 333 E. Second Street, appeared before the Board and
requested that the Council stop discussing the issue and start preparing for the
Skate Park.
After additional discussion and on roll call vote, Councilors Marin, Kron
and Brooks voted in favor of said motion with Councilors Amundson, McPherson,
Sorenson and Mayor Haukoos voting nay. Mayor Haukoos declared the motion defeated.
RESOLUTION 01-110 ADOPTED – PERMITTING ENCROACHMENT ON STEVENS STREET
RIGHT-OF-WAY
City Manager Sparks explained that the City had received a request from
Steve Anderson, the owner of Andy’s Roadhouse Bar and Grill, for permission to
install a volleyball area adjacent to his business at 2301 E. Main Street.
The property to be used for the proposed volleyball area encroaches onto
a 100 foot right-of-way for Stevens Street which was formerly a highway and is
currently a dead end street. Due to
the fact that the City has a culvert, drainage swale and sanitary sewer in this
right-of-way any permanent improvements would not be permitted.
Mr. Anderson is aware that if the City needs to access this area for
repairs that he is responsible for removal at his own expense.
Steve Anderson, 119 Second Avenue
North, appeared before the City Council to respond to any questions that the
Council may have.
After Council discussion, Councilor
Marin moved, Councilor Kron seconded, that Resolution 01-110, permitting the
encroachment on Stevens Street right-of-way, be approved.
On roll call vote, all Councilors voted in favor of said motion with the
exception of Councilor Sorenson who voted nay.
Mayor Haukoos declared the motion carried, the resolution adopted and the
encroachment permitted.
(See
Secretary’s Original Resolution
01-110
included with these minutes.)
UNLISTED ITEMS
PUBLIC ITEMS
Patrick Corrigan, 814 Frank Hall Drive, brought up the following issues:
a)
Questioned whether cars would be towed and ticketed if found parking in
the areas restricted for the Festival of Bands.
b)
Noted that a sign needs to be placed on Frank Avenue indicating that the
street is open to residents only.
WARD ITEMS
Fourth Ward, Councilor Sorenson:
a)
Has received comments about and requests for the possibility of a
streetlight at the Eastgate Park area. He
noted that this is becoming a major thoroughfare and there are several children
crossing the street to the park area.
Sixth Ward, Councilor Brooks:
a)
Questioned whether the Engineering staff has received any feedback from
Frank Avenue residents now that the work in the area is in progress.
City Engineer Olson stated that Jamie Mehle has been working in that area
and responding to residents comments and complaints.
b)
Questioned why there is a barricade in the 1400 block of Academy Avenue
and asked how long it would remain there. The
City Engineer will investigate.
c)
Asked for “Children at Play” signs on Kenneth Drive.
He noted that people are coming off South Shore Drive and the speed is
picking up along Kenneth Drive.
Mayor Haukoos commented that seniors attempting to cross at the crosswalk
of Maplehill and Front Street are afraid to do so because of the traffic at that
intersection. He noted that it is
currently a State law that cars must stop for pedestrians in crosswalks and that
some education is necessary.
Councilor Sorenson commented that signs are going up in the metro area
reminding people that they are supposed to stop for pedestrians in crosswalks.
ADJOURNMENT – 9:05 P.M.
Councilor Amundson 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
Tuesday, May 29, 2001. 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 15, 2001.
________________________
_____________________________
Secretary of the Council
Mayor