Albert Lea, MN                                                                                                               May 29, 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 and the Albert Lea Tribune.

CONSENT AGENDA

(a)            APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MAY 14, 2001 AND THE BOARD OF REVIEW MEETING OF MAY 17, 2001.

(b)  LICENSES AND BONDS APPROVED:

Geneva Ausen, 218 E. Clark St., for Hawthorne School on May 23^rd

Pam Jerdee, 1613 Massee, for Fountain Lake Park on June 15^th

Jeff Fjelstad d/b/a Aragon Bar for the Arena on June 2^nd

Jeff Fjelstad d/b/a Aragon Bar for the Armory on June 2^nd

Jacob Zamora d/b/a Casa Zamora for the Armory on May 26^th

Juan Sanchez, 211 Riverside, Owatonna, for the Armory on May 26^th

(c) RESOLUTION 01-111 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-111 approves an Application for Authorization to Conduct Excluded Bingo for the American Legion Club, 142 N. Broadway, on June 27, 2001.

(d)  RESOLUTION 01-112 ADOPTED – DEFERRING ASSESSMENT FOR 923 FRANK AVENUE – Resolution 01-112 approves the deferment of a $4471.70 street reconstruction assessment and a miscellaneous tree removal assessment of $675.61 for 923 Frank Avenue.

(e)     RESOLUTION 01-113 ADOPTED - CLAIMS:  Resolution 01-113 presents the financial claims of the City.

Councilor Brooks moved, Councilor Marin 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 01-114 ADOPTED – ADOPTING MISCELLANEOUS ASSESSMENTS ROLL 29 - PUBLIC HEARING

              Mayor Haukoos opened a public hearing for the adoption of Miscellaneous Assessments Roll 29.  The necessary notice for this hearing was published on May 6, 2001.

After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that Resolution 01-114, adopting Miscellaneous Assessments Roll 29, 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.

ORDINANCE 49, 3d ENACTED - REZONING PROPERTY LOCATED SOUTH OF COUNTY ROAD 46 AND EAST OF TOWNSHIP ROAD 105 – PUBLIC HEARING

Mayor Haukoos opened a public hearing on Ordinance 49, 3d, the rezoning of property located south of County Road 46 and East of Township Road 105.  The necessary notice for this hearing was published on  May 18, 2001.

After Council discussion and on roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried, the ordinance enacted and the public hearing closed.

RESOLUTION 01-115 ADOPTED – APPROVING THE PRELIMINARY AND FINAL PLAT OF CHADWICK MARKETPLACE

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that Resolution 01-115, approving the preliminary and final plat of Chadwick Marketplace, be approved.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

RESOLUTION 01-116 ADOPTED – APPROVING A CONDITIONAL USE PERMIT FOR HOME DEPOT

City Manager Sparks recited the conditions included in the resolution.

Councilor Amundson asked for the intended square footage for the facility.

Jennifer Maxwell, Greenberg Farrow Architecture, Chicago, a member of the architectural and development firm for Home Depot, informed the Council that the seasonal area would be 7000 square feet, the store would be 116,000 square feet and the garden area would be 16,494 square feet.  She also told the Council that ground breaking would occur in July.

John Chadwick, Bloomington, developer for the project, expressed his appreciation to the Council and City staff for assisting in moving the project along.  He told the Council that the project has moved along swiftly and smoothly.  He told the Council that he is very excited about this project.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 01-116, approving the conditional use permit for Home Depot with conditions recited by the City Manager, be approved.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

RESOLUTION 01-117 ADOPTED – CALLING A HEARING FOR THE PROHIBITION OF PARKING ON W. MAIN STREET

City Manager Sparks explained that Main Street is a state-controlled street and that the Minnesota Department of Transportation is requiring that all parking be removed on West Main Street between Euclid Avenue and St. Mary Avenue after the reconstruction of the overpass.  He suggested that the Council may wish to call a public hearing soon to assure that the public is aware and informed of this parking prohibition prior to the completion of the construction.

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that Resolution 01-117, calling for a public hearing for the prohibition of parking on West Main Street for June 11, 2001, 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 called

(See Secretary’s Original Resolution

01-117 included with these minutes.) 

RESOLUTION 01-118 ADOPTED – AUTHORIZING APPRAISAL OF WATER TOWER SITE

City Manager Sparks told the Council that he anticipates the City may be required to proceed with condemnation for the water tower site north of Hammer Road and East of County 45.  He is, therefore, recommending the City obtain appraisals on the property involved.  Some of the property owners are reluctant to provide the City with a road easement.  After the appraisals are in, the Council may make a decision as to whether or not it chooses to proceed with condemnation.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 01-118, authorizing appraisals for the north water tower site, 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

01-118 included with these minutes.)

RESOLUTION 01-119 ADOPTED – AUTHORIZING APPRAISAL AND EASEMENT FOR PROPERTY ACQUISITION

City Manager Sparks explained that the City has an opportunity to purchase a 10-acre parcel of land northwest of the City Garage for $25,000.  The property lies across the railroad tracks from the garage and staff feels that it would be of value for future stormwater retention.

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 01-119, authorizing an appraisal of the property and acquisition of an easement across the abandoned trackage, 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

01-119 included with these minutes.)

RESOLUTION 01-120 ADOPTED – APPROVING 2001-2002 LEASE WITH ALBERT LEA COMMUNITY THEATRE

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that Resolution 01-120, approving the renewal of the City’s annual lease with Albert Lea Community Theatre for 2001-2001, 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

01-120 included with these minutes.)

RESOLUTION 01-121 ADOPTED – RECEIVING REPORT AND CALLING A HEARING FOR WATER AND SEWER EXTENSION

City Manager Sparks explained that this resolution calls a public hearing on Job 0108, the public improvements for the Home Depot project, and Job 0111, sanitary sewer for the two properties at 2012 and 2014 Southeast Marshall for June 11, 2001.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 01-121, calling a public hearing for Jobs 0108 and 0111 for June 11, 2001, 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 called.

(See Secretary’s Original Resolution

01-121 included with these minutes.)

CALLING A PUBLIC HEARING FOR A TEMPORARY WINE LICENSE FOR THE FREEBORN COUNTY FAIR

City Manager Sparks told the Council that we received an application for a temporary wine license from the Freeborn County Agricultural Society for the Freeborn County Fair beer garden.  They are requesting that this hearing be called as soon as possible to permit them to order product for the fair. 

Councilor Sorenson moved, Councilor Amundson seconded, that a public hearing be called for June 11, 2001 to consider the issuance of a temporary wine license to the Freeborn County Agricultural Society for the Freeborn County Fair.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing called.

RESOLUTION 01-122 ADOPTED – AUTHORIZING A CONTRACT WITH SRF CONSULTING

City Manager Sparks informed the Council that the City staff has received a proposal from SRF Consulting Group, Inc., Minneapolis, for professional engineering services in connection with the Bridge Avenue/Fountain Street/Clark Street reconstruction feasibility study at an estimated cost not-to-exceed $22,000.

The tasks associated with the scope of services includes a requirement that new traffic counts be taken at key intersections, including intersections at Fountain Street and West Avenue and intersections on Clark Street.   The reconstruction of Fountain Street from Park Avenue to St. Mary Avenue is scheduled to begin in early July and will have an impact on traffic patterns on Fountain Street and Clark Street during the construction.  Traffic counts would be more representative of the normal patterns if the counts were taken prior to early July.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that Resolution 01-122, authorizing a contract with SRF Consulting at a not-to-exceed cost of $22,000 with funds provided by Unappropriated Fund Balance for professional engineering services in connection with the Bridge Avenue/Fountain Street/Clark Street reconstruction feasibility study, 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

01-122 included with these minutes.)

RESOLUTION 01-123 ADOPTED – AUTHORIZING AN AGREEMENT WITH WASTE MANAGEMENT FOR APPLIANCE RECYCLING SERVICES

City Manager Sparks informed the Council that our previous provider for appliance recycling services, Sorenson Appliance of Geneva, has informed the City that they will no longer be providing this service.  Waste Management will be taking over this business and has provided a proposed agreement for Council review.  He explained that the fees are $4.50 to $6.50 higher than Sorenson’s price, which would necessitate an increase in the City’s fee from $10 to $18 per appliance.

After Council discussion, Councilor Brooks moved, Councilor McPherson seconded, that Resolution 01-123, authorizing an agreement with Waste Management for appliance recycling services and increasing the City’s fee to $18.00, 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

01-123 included with these minutes.)

RESOLUTION 01-124 ADOPTED – AUTHORIZING A CONTRACT WITH ERSTAD & RIEMER

City Manager Sparks explained that the City’s insurance company for the boiler system at the Waste Water Treatment Plant, Travelers Insurance Company, has informed the City that it has denied our claim of $500,000 for damages to the digester cover.  He informed the Council that he has spoken with the law firm of Erstad & Riemer to represent the City in a lawsuit against Travelers.

City Attorney Schwab told the Council that he has been in contact with the League of Minnesota Cities Insurance Trust with regard to this suit.  If the City loses the lawsuit, the LMCIT would ultimately be responsible for payment of the claim.  Mr. Schwab feels that the LMCIT may be willing to join the City in the lawsuit or may pay for the legal fees incurred.

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 01-124, authorizing a contract with Erstad & Riemer at an hourly fee of $125.00 to represent the City in a lawsuit against Travelers Insurance Company, be approved.  On roll call vote, all Councilor voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

01-124 included with these minutes.) 

UNLISTED ITEMS

WARD ITEMS

First Ward, Councilor Amundson: 

a)      Requested that the staff review the intersection of Garden Road and Willamor Road.  Residents are asking for a four-way stop at that intersection.

Second Ward, Councilor McPherson: 

a)      Asked about the Board of Review meeting scheduled for May 31.  City Manager Sparks told Mr. McPherson that the Freeborn County Assessor’s Office was able to satisfy the complaints received and therefore no visitation is necessary.

Third Ward, Councilor Marin: 

a)      Asked about the possibility of a four-way stop at Front Street and South First Avenue.  Staff will review and report back.

b)      Asked if a Council workshop with the Convention and Visitors Bureau had been scheduled.  Mr. Sparks informed Mr. Marin that the CVB has not requested this workshop meeting to-date.

c)      Asked whether a joint HRA/Shady Oaks meeting has been set.  Councilor Sorenson is the chair of the HRA Board.  He informed Mr. Marin that this meeting has not yet been scheduled, that staff has met with the residents and that the Board will continue a discussion of this meeting at its next Board meeting.

Fourth Ward, Councilor Sorenson: 

a)      Noted that he was contacted by a member of the Community Band for permission to perform a short concert in New Denmark Park on July 3 following the parade.  They will be setting up chairs in the park to perform a short 30-45 minute concert.  After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that approval to use New Denmark Park on July 3 be granted subject to no conflict from previously approved uses.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the request granted.

Sixth Ward, Councilor Brooks: 

a)      Requested that City staff repair potholes in the Frank Avenue/Seventh Street area.

Mayor Haukoos: 

a)      Thanked Commissioner Mullenbach for presence at the Council meeting.

b)      Thanked the engineers for handling complaints so quickly.

PUBLIC ITEMS

Mary Ann Dixon, 1428 Martin Road, requested Council approval of funds to the Freeborn County Historical Society and Museum in the amount of $8000.

Bev Jackson, 1206 West Richway Drive, stated that they have received approximately $29,500 of the total $38,747 amount required for the alarm system.

Council discussion centered around fundraising efforts, when installation of the system will be complete, how long the FCHS will be given to pay the bill and a desire to see the system fully funded.

Sue Blenka, 111 4^th Avenue North, stated that the skate park vacating the tennis courts on August 1 will cut into the tennis season.  The tennis association is willing to compromise with the skate park association by giving up two weeks if they will give us two weeks.

Council discussion centered around a need to provide the courts to the tennis groups and a desire to move the skate park to the beach area.  Mayor Haukoos told the Council that it could call a hearing to discuss locating the skate park at the beach. 

Councilor Amundson told Ms. Blenka that even if the Council decides to locate the skate park at the beach that it may not mean that the tennis association could get into the Channelview courts any earlier.  City Manager Sparks pointed out that the skate park equipment would probably have to be moved by professionals as the City would be subject to certain liability issues if it moves the equipment.

Councilor Sorenson moved, Councilor Kron seconded, that a public hearing be called for the June 11 meeting to consider locating the skate park at the City beach.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing called.

ADJOURNMENT – 8:50 P.M.

Councilor Brooks moved, Councilor Amundson 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, June 11, 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 30, 2001.

________________________                                     _____________________________

Secretary of the Council                                          Mayor