Albert
Lea, MN
August 13, 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 JULY 23, 2001.
(b)
LICENSES AND BONDS APPROVED:
Subway, 1701 W. Main
Subway, 718 E. Main Street
Domino’s Pizza, 707 E. Main
New Mech Companies, Inc., 1633 Eustis St., St.
Paul
J-Berd Mechanical Contractors, Inc., 3360
Southway Dr., St. Cloud
Jolene Dillemuth d/b/a Guest House Inn, for
the Armory August 11
Nancy Jones (Albert Lea Jaycee’s) for the
Freeborn County Fairgrounds July 31 through August 5
Living Word Christian Church for the YMCA on
September 23
Mary Peterson, Rt. 1, Clarks Grove, for the Armory August 18
Linda Crom d/b/a A Touch of Class, 137 E. Clark St., for a
street dance August 18
(c)
RESOLUTION 01-174 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 01-174
approves a
Lawful Gambling Application
for Exempt Permit for the Freeborn County Pheasant and Habitat to conduct a
raffle at the Union Center, 404 E. Main, on October 6, 2001.
(See Secretary's Original Resolution
01-174
included
with these minutes.)
(d)
RESOLUTION 01-175 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 01-175 approves a Lawful Gambling Application for Exempt
Permit for the Freeborn County Ducks Unlimited to conduct a raffle at the
American Legion, 142 N. Broadway, on October 13, 2001.
(See Secretary's Original Resolution
01-175
included
with these minutes.)
(e)
RESOLUTION 01-176 ADOPTED – APPROVING ELECTRIC SUBSTATION AGREEMENT:
Resolution 01-176 approves an electric substation maintenance
agreement with Interstate Power Company for monthly patrol inspections and
annual testing for the City substation at the Wastewater Treatment Plant at an
annual cost of $7,875.00 per year.
(See Secretary's Original Resolution
01-176
included
with these minutes.)
(f)
RESOLUTION 01-177 ADOPTED – CALLING A HEARING FOR PARKING
MAINTENANCE DISTRICT ASSESSMENTS: Resolution
01-177 calls a public hearing for the adoption of Parking Maintenance District
assessments for August 27, 2001.
(See Secretary's Original Resolution
01-177
included
with these minutes.)
(g)
RESOLUTION 01-178 ADOPTED – CALLING A HEARING FOR JOB 9925:
Resolution 01-178 calls a public hearing for street milling and
bituminous overlay of downtown streets at an estimated cost of $920,170 for
September 10, 2001.
(See Secretary's Original Resolution
01-178
included
with these minutes.)
(h)
RESOLUTION 01-179 ADOPTED – DESIGNATING DOT COMMISSIONER AS CITY’S
AGENT FOR AERONAUTICS GRANTS: Resolution
01-179 appoints and designates the Commissioner of Transportation as the
City’s agent for the purpose of carrying out the Update Airport Master Plan
Study and Construction Snow Removal Equipment Building project at the Albert Lea
Municipal Airport.
(See Secretary's Original Resolution
01-179
included
with these minutes.)
(i)
RESOLUTION 01-180
ADOPTED - CLAIMS: Resolution 01-180
presents
the financial claims of the City.
(See Secretary's Original Resolution
01-180
included with these minutes.)
After Council discussion, 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.
City
Manager Sparks explained that this resolution approves a Conditional Use Permit
amendment to James Gustafson to allow an addition onto an existing townhouse
subject to conditions recommended by the Albert Lea Advisory Planning
Commission.
After Council discussion, Councilor
Amundson moved, Councilor Brooks seconded, that Resolution 01-181, approving a
Conditional Use Permit amendment for Pelican Bay Third 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
01-181
included with these minutes.)
RESOLUTION
01-182 ADOPTED – GRANTING A DIVISION AND CONSOLIDATION OF LOTS OF RECORD
City
Manager Sparks explained that this resolution approves a division and
consolidation of lots of record for the James Gustafson property to permit the
addition approved under the Conditional Use Permit as approved by the Planning
Commission.
After Council discussion, Councilor
Amundson moved, Councilor Sorenson seconded, that Resolution 01-182, granting a
division and consolidation of lots of record for Lots 4 and 9, Block 1, Pelican
Bay Third Subdivision for James Gustafson, 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
01-182
included with these minutes.)
RESOLUTION
01-183 ADOPTED – GRANTING A CONDITIONAL USE PERMIT FOR “FOR SALE” DUPLEXES
City
Manager Sparks explained that Resolution 01-183 approves a Conditional Use
Permit for “For Sale” duplexes to Doug Lembke for property identified as
Lots 4-6 and 13-15, Block 2, South Broadway Addition.
After Council discussion, Councilor
Kron moved, Councilor McPherson seconded, that Resolution 01-183, approving a
Conditional Use Permit for “For Sale” duplexes to Doug Lembke for the
property identified in South Broadway Addition as recommended by the Albert Lea
Planning Commission, 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
01-183
included with these minutes.)
City Manager Sparks explained that this resolution grants a division and
consolidation of lots of record for Lots 4-6 and 13-15, Block 2, South Broadway
Addition to Doug Lembke to permit the construction of “For Sale” townhouses.
After Council discussion, Councilor
Kron moved, Councilor Amundson seconded, that Resolution 01-184, granting a
division and consolidation of lots of record in the South Broadway 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
01-184
included with these minutes.)
RESOLUTION 01-185 ADOPTED – AUTHORIZING A WATERMAIN LEAK DETECTION
SERVICE AGREEMENT
City Manager Sparks explained that this resolution authorizes a five-year
agreement with Westrum Leak Detection of Stratford, Iowa, at a cost of $5,000.00
per year for an annual City watermain leak detection survey.
After Council discussion, Councilor
Brooks moved, Councilor Kron seconded, that Resolution 01-185, authorizing a
watermain leak detection service agreement with Westrum Leak Detection, 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
01-185
included with these minutes.)
RESOLUTION 01-186 ADOPTED – RECEIVING REPORT AND ORDERING JOB 0122
City Manager Sparks explained that this resolution accepts the Director
of Public Works feasibility report and authorizes the improvement of Lakewood
Avenue, Green Lea Lane, Michael Place, Bancroft Drive and Greenwood Drive by a
two-inch bituminous overlay, milling along gutter edges and subsurface drain
tile at an estimated cost of $256,760.00. He
is recommending that the cost for this project be charged to the Capital
Projects Fund and told the Council that the City has encountered paving failure
in the these streets due to a very high water table resulting in frost boils and
deteriorated paving. He noted that
the City has a guarantee on projects that are City built and that the failure of
the streets in this subdivision fall within the guarantee period and prohibit
assessments for repairs.
After Council discussion, Councilor
Amundson moved, Councilor Brooks seconded, that Resolution 01-186,
ordering Job 0122
with cost
charged to the Capital Projects Fund, 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
01-186
included with these minutes.)
RESOLUTION 01-187
ADOPTED – RELEASING UNCOLLECTABLE ASSESSMENTS
City Manager Sparks explained that the City currently carries three
deferred assessments for properties which are uncollectable at this time as the
properties are either wet and unbuildable or are used as a golf course.
He is recommending the assessment to the Kyle and Rosemary Olson property
at 202 W. Richway Drive be released as uncollectable due to the fact that the
property is wet and unbuildable, the assessment to Elseth Enterprises at 101
Richway Drive due to the fact that the assessment is uncollectable as prohibited
by State law, and the assessment to Leland Dress Realty for property owned in
Garden Villa Subdivision due to the fact that the property is wet and
unbuildable.
After Council discussion, Councilor
Brooks moved, Councilor Marin seconded, that Resolution 01-187, releasing the
uncollectable assessments identified 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
01-187
included with these minutes.)
City Manager Sparks explained that this resolution expresses the City’s
intent to reimburse itself for expenditures made in anticipation of the sale of
tax exempt bonds. This resolution
is a requirement of the Department of the Treasury and establishes a policy that
the City will make expenditures with the idea of borrowing money from the bond
market and not reimbursing itself for usual and customary expenditures from
bonded debt. He explained
that the reason for the regulation is to prevent a City from arbitraging tax
exempt debt, the practice of investing tax exempt bond proceeds at a higher
interest rate than the interest rate paid on the bonds.
After Council discussion, Councilor
Sorenson moved, Councilor Marin seconded, that Resolution 01-188, declaring the
official intent of the City to reimburse certain expenditures from the proceeds
of bonds to be issued by the City, 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
01-188
included with these minutes.)
City
Manager Sparks explained that the City received bids for the replacement of the
City Garage roof with the low bidder being Larson Contracting of Lake Mills,
Iowa, in the amount of $193,939.00. He
told the Council that the City Engineer is also recommending an additional
$20,000.00 for contingency to cover replacement of deteriorated roof joists
found during the actual replacement project.
After Council discussion, Councilor
Kron moved, Councilor Amundson seconded, that Resolution 01-189, accepting the
low bid of Larson Contracting for City Garage roof replacement (Job 2023) in the
amount of $193,939.00 with an additional $20,000.00 contingency budgeted for
additional repairs as needed, 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
01-189
included with these minutes.)
RESOLUTION
01-190 ADOPTED – DIRECTING THE ATTORNEY TO PROCEED WITH CONDEMNATION
City
Manager Sparks explained that the City has received an appraisal on the
properties needed to construct a new water tower on the northeast side of the
City. He noted that there are three
property owners and that the total estimated value of the property as determined
by the independent appraisal is $38,358.00.
He is recommending that the City Attorney be authorized to proceed with
acquiring the property through condemnation if the City is unable to negotiate a
purchase agreement with the property owners.
After Council discussion, Councilor
Kron moved, Councilor McPherson seconded, that Resolution 01-190, directing the
City Attorney to proceed with condemnation proceedings for parcels necessary to
construct a new water tower on the northeast side of the City, 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
01-190
included with these minutes.)
RESOLUTION
01-191 ADOPTED – APPROVING A SUPPLEMENTAL AGREEMENT WITH CRANE CREEK
CONSTRUCTION
City
Manager Sparks explained that this resolution approves a supplemental agreement
to the 2000 Grading, Sewer, Water, Curb & Gutter, Bituminous Contract No. 9
(Job 2027) with Crane Creek Construction of Owatonna, Minnesota, in the amount
of $25,555.90 for additional tree removal work and repairs to the boulevard not
included in the original contract.
After Council discussion, Councilor
Marin moved, Councilor Brooks seconded, that Resolution 01-191,
approving a supplemental agreement with Crane Creek Construction as
outlined 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
01-191
included with these minutes.)
APPLICATION
FOR FLOOD CONTROL GRANTS DISCUSSED
City
Manager Sparks explained that the City had received requests from property
owners in the floodable area along Main Street that the City consider a grant
application for flood control and clearance.
Mr. Sparks stated that the City Planner has explored the City’s
alternatives and feels that there are grant programs with both the Department of
Natural Resources and the Federal Emergency Management Agency which would
provide us with monies to acquire buildings and clear them if they are in a
flood plain.
Councilor
Brooks introduced a motion to proceed with the application for flood control
grants.
Council
discussion centered around the fact that the DNR grant would require that the
property remain open space, a desire to know the total cost of the project as
well as the City’s potential cost, relief for the floodable parcels in the
area and a need for preliminary studies prior to a decision for the proposal for
a grant application.
Councilor
Brooks withdrew his motion to proceed with the flood control grant applications
and it was the consensus of the City Council that the City staff proceed with
the preliminary study for this project.
NO
CHANGE TO QUARTERLY UTILITY BILLING
City
Manager Sparks requested Council discussion for the possibility of converting
from quarterly utility bills to monthly billing.
He noted that City staff has determined that if the City went to monthly
billing with part of the work being performed outside and part inside it would
cost approximately $35,000.00 a year more.
He explained that the advantage to going to a monthly bill would be that
our utility bills would be easier for customers to budget and that they would be
significantly smaller. He told the
Council that the City would not increase the meter readings but would bill three
bills forward based on quarterly meter readings.
Also the City has a number of rate adjustments and additions to the bill
that may make it advantageous to have a monthly bill.
Council
discussion centered around the fact that the individual councilors have received
no complaints from constituents, a suggestion for a public hearing for the
change and the fact that the City already makes concessions for the homeowners
needing assistance.
After
Council discussion, Councilor Brooks moved, Councilor Kron seconded, that no
change be made to the utility billing procedures.
On roll call vote, all councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the billing procedure
unchanged.
RESOLUTION
01-192 ADOPTED – AUTHORIZING OFFER TO PURCHASE LAND
City
Manager Sparks explained that it is necessary for the City to obtain land owned
by Albert Lea Electric at the intersection of County 46 and Blake Road to be
used for the realignment of the intersection to create a safer situation for the
driving public and to make it easier for customers to turn onto Blake Road for
access to new retail facilities. He
informed the council that the City has had an independent appraiser review this
purchase and the appraiser has recommended an offer of $57,000.00 for the
property. He noted that he has
talked with representatives of the company and that they have indicated that the
amount to be offered is insufficient. He
is requesting that the Council grant the attorney the authority to negotiate the
acquisition with the intent to proceed to condemnation if an agreement cannot be
reached.
Councilor Kron moved, Councilor
Marin seconded, that Resolution 01-192, authorizing the City Attorney to
negotiate the acquisition of land owned by Albert Lea Electric at the
intersection of County 46 and Blake Road and to proceed to condemnation if an
agreement cannot be reached, 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
01-192
included with these minutes.)
RESOLUTION
01-193 ADOPTED – ACCEPTING QUOTE FOR JOB 0118
The
City accepted quotes for 2001 Bituminous Contract No. 6, Jet Storage Hangar
Apron (Job 0118) until 3:00 P.M. on August 8, 2001.
The low quote was received from Ulland Bros. Inc. of Albert Lea in the
amount of $33,120.00 and the City Manager is recommending approval of this
quotation.
After Council discussion, Councilor
Brooks moved, Councilor Amundson seconded, that Resolution 01-193, accepting the
quote of Ulland Bros. for Job 0118, 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
01-193
included with these minutes.)
RESOLUTION
01-194 ADOPTED – AUTHORIZING LIMITED DEER HUNTING ON CITY LAND
City
Manager Sparks explained that due to the increase in the deer population the
City has granted permits for limited hunting with bow and arrow each year since
1997 in an effort to move the deer out of the Bancroft Bay Park, former Landfill
location and Airport property. The
staff has recommended another hunt for 2001 and is requesting Council approval.
After Council discussion, Councilor
Amundson moved, Councilor McPherson seconded, that Resolution 01-194,
authorizing limited deer hunting on City owned property, 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
01-194
included with these minutes.)
WARD
ITEMS
Second
Ward, Councilor McPherson:
a)
Noted that there has been a number of vandalisms to boat dock sites along
Fountain Lake and requested more police patrol.
b)
Has received complaints of speeding on Vine.
Third
Ward, Councilor Marin:
a)
Stated that he has received a request for dust control on Plainview Lane
and has provided the residents with the appropriate petition.
b)
Is requesting a feasibility report for paving the end of Plainview Lane.
c)
Noted that he had received a letter from a ten year old girl with
reference to the Wedgewood Park requesting any plans for park equipment
installation or improvements to the Park. He
noted that the young lady is collecting aluminum cans and intends to donate the
proceeds to the City for the Park improvement.
City
Manager Sparks stated that park equipment in the various parks is costing
anywhere from $25,000 to $50,000 and that we have attempted to replace or
upgrade park equipment at the rate of one park per year.
d)
Requested a meeting with the City Manager and City Engineer to speak with
residents in the Fourth Avenue South and Plainview Lane area regarding the water
problems in that area.
e)
Stated that he participated in the Freeborn County Ministerial
Association’s ecumenical service last Sunday and appreciated the assistance
provided by the City Garage and Police Department employees.
f)
Thanked the City Manager for the response to his eight year old son’s
questions relating to the water tower. The
City Manager told Councilor Marin that the thank you should go to the City
Engineer as he prepared the responses.
Fourth
Ward, Councilor Sorenson:
a)
Reported speeding on Valley Avenue between Sheridan and
Hawthorne.
Fifth
Ward, Councilor Kron:
a)
Reported speeding on South Newton between Fourth and Fifth Streets.
b)
Reported speeding along Charlotte and a request from residents for
“Children at Play” signs.
c)
Received a complaint from a resident along Southeast Marshall complaining
about the numbers of semis parking on the street.
The City Engineer will respond to these complaints.
Sixth
Ward, Councilor Brooks:
a)
Received a call from a resident concerned with Memorial Park questioning
whether the City intends to convert this Park to a soccer field.
The City Manager will check with Park and Rec.
b)
Requested a feasibility study on paving the roads in the Dawn Acres area
at a previous meeting and reminded the staff of this request.
c)
Questioned whether the City could put some teeth in its noise ordinance
enforcement, specifically the use of semi air brakes on the South Broadway area.
Mayor
Haukoos:
a)
Noted that individuals are leaving their garbage cans at the roadside
continuously and requested staff review.
PUBLIC
ITEMS
Paul
Schmidt, 1203 S. Newton, requested a change in parking on the last block of
Newton Avenue. He explained that he is having problems seeing oncoming
traffic as he exits his driveway.
Glen
McDaniel, 701 Garfield, asked why it is taking so long to finish the sidewalk at
the Frank Avenue intersections.
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 27, 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 August 14, 2001.
________________________
_____________________________
Secretary of the Council Mayor