Albert Lea, MN
August 12, 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, PublicWorks 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.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF JULY 22, 2002.
(b) RESOLUTION 02-164 ADOPTED - APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 02-164 approves
the Freeborn County
Pheasant and Habitat, Inc. Application for Exempt Permit for a raffle at the
Union Center, 404 East Main Street,
on September 14,
2002.
(See Secretary's Original Resolution 02-164 included with these minutes.)
(c) LICENSES APPROVED:
ANNUAL LICENSE
FOOD/BEVERAGE
Ayanah's, 2510 Bridge, Northbridge Mall
Comfort Inn, 810 Happy Trails Lane
HOTEL/MOTEL
Comfort Inn, 810 Happy Trails Lane
SWIMMING POOL
Comfort Inn, 810 Happy Trails Lane
TREE TRIMMER
Farmland Tree Service, 311 Delana Street, Sherburn, MN
(d) RESOLUTION 02-165 ADOPTED - AUTHORIZING LIMITED DEER HUNTING:
Resolution 02-165 authorizes
limited bow and arrow deer hunting on city-owned property between September 15
and December 31, 2002.
(See Secretary's Original Resolution 02-165 included with these minutes.)
(e) RESOLUTION 02-166 ADOPTED - CLAIMS: Resolution 02-166 presents the financial claims of the City.
(See Secretary's Original Resolution 02-166 included with these minutes.)
Councilor McPherson moved,
Councilor Brooks 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.
INTOXICATING LIQUOR LICENSE APPLICATIONS - PUBLIC HEARING CONTINUED
Mayor Haukoos opened a public hearing for the transfer of the Top Shelf on-sale
intoxicating liquor license and Sunday on-sale intoxicating
liquor license from Dawn Hanna to Phil Zahorik and the issuance of an on-sale
intoxicating liquor license and Sunday on-sale intoxicating
liquor license to Village Chateau Motor Inn, Inc. d/b/a Budget Host Albert Lea
Inn. The necessary notice for this hearing was published on
July 26, 2002.
City Manager Sparks explained that both requests have circumstances which may
interfere with the applications and is, therefore,
recommending that the public hearing for both applications be continued to the
next Council meeting to permit adequate time for the problems to
be resolved.
Tom Kraus, Waseca, attorney for Andy's Roadhouse spoke on behalf of his client.
After Council discussion, Councilor Kron moved, Councilor Marin seconded, that
the public hearings on the applications for the
intoxicating liquor licenses be continued to the next regular City Council
meeting on August 26, 2002. On roll call vote, all Councilors
voted in favor of said motion. Mayor Haukoos declared the motion carried and
the public hearing continued.
MOSQUITO CONTROL DISCUSSED
City Manager Sparks announced that Richard Seelye had requested to be put on the
agenda so that he may address the Council concerning mosquito
control.
Richard Seelye, 914 Jefferson Avenue, told the City Council that the residents
of Albert Lea are experiencing a severe mosquito infestation
and suggested that the Council seek solutions to this problem. He explained
that spraying in alleys would be helpful.
Mayor Haukoos told Mr. Seelye that the City has sprayed once and will continue
to spray three more Wednesdays in August.
City Manager Sparks told Mr. Seelye that the City has contracted with More's Ag
Service of Blue Earth for four mosquito sprayings each
Wednesday during the month of August at a cost of $18,357 but that the contract
did not include alleys. He noted that significant rainfall
increases the mosquito population and that the City has been in contact with the
Minnesota Department of Health and they are not alarmed at this
point.
There was no action taken.
REQUEST FOR SIGNS AT CHANNEL VIEW APPROVED
City Manager Sparks explained that the City had received a request from the
manager at the Channel View Apartments for the placement of Deaf
Child Area signs near the complex. He has also requested a crosswalk from the
parking lot to Food-N-Fuel. Mr. Sparks told the Council that
the state would probably authorize the signage but that the approval of the
crosswalk is unlikely. Front Street is a state aid municipal road
and all requests must be reviewed by the engineering department and referred to
the Minnesota Department of Transportation for approval.
City Engineer Olson commented that traffic on that street is fast and heavy. He
fears that people will have the misconception that cars will
stop for pedestrians which is probably not the case. He prefers that the people
use the crosswalk at Newton and Front.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that
the request for placement of Deaf Child Area signs be
approved and that the request for crosswalk be denied. On roll call vote, all
Councilors voted in favor of said motion. Mayor Haukoos
declared the motion carried and the request for signs approved.
RESOLUTION 02-167 ADOPTED - AUTHORIZING RETAINING WALL ON CITY RIGHT-OF-WAY
City Manager Sparks reported that the owner of the property at 210 David Avenue
has requested permission to put up a replacement retaining wall
on City right-of-way. She has, unfortunately, already installed the wall. The
engineering staff sees no significant problems because it is
a replacement of an existing deteriorated wall and enhances the property and the
neighborhood. He recommended approval.
Councilor Kron moved, Councilor Marin seconded, that Resolution 02-167
authorizing a retaining wall on city right-of-way, be approved. On roll
call vote, all Councilors voted in favor the said motion. Mayor Haukoos
declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 02-167 included with these minutes.)
HOT SHOTS REQUEST FOR PARKING
LOT PARTY APPROVED
City Manager Sparks told the Council that Hot Shots Bar and Grill at 1119 South
Broadway has requested permission to hold a parking lot party
in the property adjacent to the bar on August 23 and 24, 2002.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that
the request of Hot Shots Bar and Grill for a parking lot
party in the property adjacent to the bar at 1119 South Broadway be approved
with a requirement that the owner obtain an off-duty police
officer for the dance on Saturday night as outlined in the letter from the bar
owner, Tim Iverson, and presented to the City Council, be
approved. On roll call vote, all Councilors voted in favor of the motion.
Mayor Haukoos declared the motion carried and the request for
the parking lot party on August 23 and 24 approved.
REQUEST FOR VARIANCE CONTINUED TO NEXT COUNCIL MEETING
City Manager Sparks reported that the Board of Appeals had denied a request for
variance of a rear yard setback for 2102 Wedgewood Road as
there does not appear to be a hardship as defined by the ordinance. He noted
that there is neighborhood opposition to the variance.
Councilor Marin informed the Council that the applicant has requested that
action be delayed to the next Council meeting as he needs more time
to present facts.
Council discussion centered around a possible need to delay action, a
possibility for a false impression that the variance may be approved if
delayed and the issue of action required within the 60-day time limit. After
Council discussion, Councilor Marin moved, Councilor McPherson
seconded that action on the requested variance be delayed to the next regular
City Council meeting on August 26, 2002. On roll call vote,
Councilors McPherson, Marin, Brooks and Mayor Haukoos voted in favor of the
motion with Councilors Amundson, Sorenson and Kron opposed. Mayor Haukoos
announced that the motion carried and the action on the requested variance
delayed to the next meeting.
RESOLUTION 02-168 ADOPTED - AUTHORIZING FUND TRANSFERS
City Manager Sparks explained that this resolution authorizes the transfer of
various tax increment finance funds necessary because of
receipts from the County of tax monies paid this past spring.
After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded,
that Resolution 02-168, authorizing fund transfers as
described 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.
(See Secretary's Original Resolution 02-168 included with these minutes.)
RESOLUTION 02-169 ADOPTED -
AUTHORIZING ADVANCE TO TIF 5-13
City Manager Sparks noted that this resolution authorizes an advance of $15,000
from the General Fund to the Farmland Foods Tax Increment
Finance District 5-13 to cover expenses incurred to date. If the district
proceeds, the City will be reimbursed from TIF proceeds.
After Council discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-169, authorizing a $15,000 advance to TIF
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 02-169 included with these minutes.)
RESOLUTION 02-170 ADOPTED -
ACCEPTING CONTRACT WITH MATTHEW W. COCKRELL AND ASSOCIATES
City Manager Sparks explained that as a part of the City's effort to recover
potential funds from the Farmland Foods cleanup, staff is
looking into the possibility of asserting claims against the insurance carriers
for Wilson Foods, Inc. He noted that although Wilson Foods is
bankrupt, the insurance companies that covered the property in the 70's and 80's
still have environmental coverage and responsibility. He
commented that Matthew Cockrell is one of very few attorneys in the nation
specializing in this type of action. Mr. Sparks also explained
that the contract includes a clause where Mr. Cockrell will receive a
contingency fee of 33 percent from judgments, settlements or payments
from the defendants. The City will reimburse Mr. Cockrell for expenses incurred
and that the Council may establish a cap on this reimbursement.
After Council discussion, Councilor McPherson moved, Councilor Amundson
seconded, that Resolution 02-170, accepting a contract with Matthew W. Cockrell
and Associates, Chicago, IL, as outlined by the City Manager with a cap on
expense reimbursement of $20,000, 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 02-170 included with these minutes.)
RESOLUTION 02-171 ADOPTED -
AUTHORIZING DEMOLITION OF BUILDING
City Manager Sparks reported that the owners of the property at 1307 Eberhardt
Street have consented to authorize the demolition of the
dilapidated building at that address and is requesting that staff be permitted
to schedule the demolition of the building. He noted that the
property owner has requested a sufficient period of time to demolish the
structure on his own and the City Attorney has negotiated the demolition
prior to November 1, if the structure is not demolished by that date, the City
shall demolish the structure and assess the cost to the
property.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that
Resolution 02-171, authorizing the demolition of the
building at 1307 Eberhardt Street, 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 02-171 included with these minutes.)
RESOLUTION 02-172 ADOPTED -
GRANTING A CONSOLIDATION OF LOTS IN MORNINGSIDE ADDITION
Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-172,
granting a consolidation of Lots 5 and 6, Block 1, Morningside
Addition, 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 02-172 included with these minutes.)
RESOLUTION 02-173 ADOPTED -
CHANGING TERMS OF D. J. DEVELOPMENT COMPANY LOAN
City Manager Sparks explained that D. J. Development Company, KleenTec, has
requested that the City amend the real estate loan terms for their
expansion including a straight 15 year loan with no balloon payment and a
willingness to reduce the first mortgage on the property from the
existing $375,000 to $260,000.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded,
that Resolution 02-173, authorizing the change in terms for
the D. J. Development Company loan, 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 02-173 included with these minutes.)
RESOLUTION 02-174 ADOPTED -
ACCEPTING BID FOR JOB 0214
City Manager Sparks explained that this resolution accepts the bid of Freeborn
Construction for Job 0214 (2002 Storm Sewer, Detention Pond and
Street Contract #3) at a cost of $107,706.95.
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that
Resolution 02-174, accepting the bid of Freeborn
Construction, Albert Lea, for Job 0214 in the amount of $107,706.95, 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 02-174 included with these minutes.)
DISCUSSION OF DAWN ACRES PROJECT
City Manager Sparks reported that the feasibility report has been prepared for
the Dawn Acres project. He noted that the costs had come
in quite high and recommended a neighborhood meeting to explain the options
available and the costs involved.
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that
a neighborhood meeting be scheduled to discuss the
options for the project with the residents. On roll call vote, all Councilors
voted in favor of said motion. Mayor Haukoos declared the
motion carried.
RESOLUTION 02-175 ADOPTED - ACCEPTING TURN BACK OF A PORTION OF C.S.A.H.46
City Manager Sparks explained that Freeborn County Board of Commissioners has
proposed to transfer a portion of County State Aid
Highway 46 from T. H. 16 termini to the intersection of C.S.A.H. 46 and it is
necessary for the City Council to accept that transfer.
After Council discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-175, accepting turn back of a portion of
C.S.A.H.46, 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 02-175 included with these minutes.)
RESOLUTION 02-176 ADOPTED -
ACCEPTING BID FOR SNOW REMOVAL EQUIPMENT BUILDING
City Manager Sparks explained that this resolution accepts the bid of Schultz
Builders, Utica, MN for a snow removal equipment building at the
Albert Lea Municipal Airport at a cost of $75,000.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded,
that Resolution 02-176, accepting the bid of Schultz Builders,
Utica, MN, for a snow removal equipment building at the airport in the amount of
$75,000, 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 02-176 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
First Ward, Councilor Amundson:
(a) Asked whether staff has responded to the resident on Edgewater Drive
regarding permitted placement of trees on his property.
Fifth Ward, Councilor Kron:
(a) Received a request for a Watch for Children sign in the West College area
because of the many children living in that vicinity.
Sixth Ward, Councilor Brooks:
(a) Asked for speed checks in the Milo Avenue area.
(b) Asked when seed would be planted in Memorial Park.
Third Ward, Councilor Marin:
(a) Thanked City crews for work on Wedgewood Park and commented that the
park is beautiful.
PUBLIC ITEMS
Patrick Corrigan, 814 Frank Hall Drive, thanked Mayor Haukoos for his response
in the Albert Lea Tribune regarding Henry Savelkoul and
commented that contrary to the article in the Albert Lea Tribune, the Big Island
Rendezvous will remain at Bancroft Bay Park.
Glen McDaniel, 701 Garfield Avenue, asked how many cars are allowed in a yard.
A house on the corner of College and Euclid currently has 14 cars on the
property. City Manager Sparks responded that Inspection has continued to be in
contact with the property owner at that location and
that there is no ordinance prohibiting parking on yards.
ADJOURNMENT - 8:45 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, August 26, 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 August 12, 2002.
_______________________________
________________________________
Secretary of the Council
Mayor