Albert Lea, MN
August 26, 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
Assistant City Manager William L. Schmitt, City Attorney Steven Schwab, Public
Works Director David R. Olson, Council Secretary Sandi Behrens and
representatives from KATE Radio and the Albert Lea Tribune and KAAL-TV.
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 AUGUST 12, 2002.
(b) LICENSES APPROVED:
ANNUAL LICENSE
CIGARETTE
Budget Mart, 2611 North Bridge Avenue
FOOD/BEVERAGE
Budget Mart, 2611 North Bridge Avenue
TEMPORARY LICENSE
OFF-PREMISES LIQUOR
Aragon Bar, 130 West College, at the Armory on September 21, 2002
(c) RESOLUTION 02-177 ADOPTED - APPROVING LAWFUL GAMBLING APPLICATION:
Resolution 02-177 approves the Freeborn County Ducks Unlimited Application for
Exempt Permit for a raffle at the American
Legion Club, 142 North Broadway, on October 12, 2002.
(See Secretary's Original Resolution 02-177 included with these minutes.)
(d) RESOLUTION 02-178 ADOPTED - CALLING A HEARING ON PARKING MAINTENANCE
DISTRICT ASSESSMENTS: Resolution 02-178 calls for a public hearing on Parking
Maintenance District Assessments for 2001-2002 on September 9, 2002.
(See Secretary's Original Resolution 02-178 included with these minutes.)
(e) RESOLUTION 02-179 ADOPTED - AUTHORIZING A LIMITED USE PERMIT FOR
WELCOME SIGN: Resolution 02-179 authorizes a limited use permit with the
Minnesota Commissioner of Transportation for placement of a welcome sign/planter
north of the McDonald's Restaurant site on North Bridge Avenue.
(See Secretary's Original Resolution 02-179 included with these minutes.)
(f) RESOLUTION 02-180 ADOPTED - CLAIMS: Resolution 02-180 presents the
financial claims of the City.
(See Secretary's Original Resolution 02-180 included with these minutes.)
Councilor Sorenson 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.
TOP SHELF INTOXICATING LIQUOR LICENSE APPLICATION WITHDRAWN AND CALLING
A PUBLIC HEARING FOR YOUR PLACE INTOXICATING LIQUOR LICENSE APPLICATIONS
- PUBLIC HEARING
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. The original notice for this hearing was published
on July 26, 2002. Mayor Haukoos announced that the property has been sold and
that the new owner was requesting a public hearing be called for her
application.
Sue Miller, 30609 872nd Avenue, appeared before the Council to request that the
City Council call a public hearing for the transfer of the on-sale and Sunday
on-sale intoxicating liquor licenses from Dawn Hanna to her for the next Council
meeting. She explained that the purchase agreement for the building and the
lease arrangement with the new owner had been signed that afternoon and she is
anxious to get the bar/restaurant reopened.
After Council discussion, Councilor Kron moved, Councilor Sorenson seconded,
that a public hearing for the transfer of the liquor licenses from Dawn Hanna
d/b/a Top Shelf, 137 East Clark Street, to Sue Miller d/b/a Your Place, 137 East
Clark Street, be called for September 9, 2002. On roll call vote, all
Councilors voted in favor of said motion. Mayor Haukoos declared the motion
carried and the public hearing called.
BUDGET HOST ALBERT LEA INN APPLICATION AND FEES TO BE RETURNED TO APPLICANT -
PUBLIC HEARING
Mayor Haukoos announced that this is a continued hearing for the Budget Host
Albert Lea Inn liquor license applications. He noted that the dispute between
the owner and the tenant, Andy's Roadhouse, is on-going and therefore staff is
recommending that the application and fees be returned to the applicant.
Steve Erickson, 336 South Broadway, attorney for the applicant, told the Council
that a lease is required for renewals and that Andy's Roadhouse had no lease.
Fred Cobb, owner of the Budget Host Albert Lea Inn, asked that the City keep his
application and fees until such time as he has regained control of the premises.
After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded,
that the application and fees of the Budget Host Albert Lea Inn for an on-sale
intoxicating and Sunday intoxicating liquor license be returned to the owner.
At such time as the owner has regained control of the premises another
application may be submitted. On roll call vote, all Councilors voted in favor
of said motion. Mayor Haukoos declared the motion carried.
RESOLUTION 02-181 ADOPTED - ADOPTING MISCELLANEOUS ASSESSMENTS ROLL 37 -
PUBLIC HEARING
Mayor Haukoos opened a public hearing for the adoption of Miscellaneous
Assessments Roll 37. The necessary notice for this hearing was published on
August 11, 2002.
No one appeared to be heard. Councilor McPherson moved, Councilor Marin
seconded, that Miscellaneous Assessments Roll 37 be adopted. 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.
(See Secretary's Original Resolution 02-181 included with these minutes.)
RESOLUTION 02-182 ADOPTED - AUTHORIZING FUNDS FOR STORM INLET MARKERS
Mayor Haukoos announced that the Lake Restoration Commission had requested
permission to address the City Council.
Paul Ehlers, 1620 Canary, told the Council that it is necessary to get things
moving on lake restoration and requested the Council provide matching funds with
the County of Freeborn for a project to place 1000 2½ inch by 8 inch markers on
storm sewer inlets around the City. The committee will provide the labor. The
cost for the markers would be $4500 and the City's share would be $2250. Mr.
Ehlers showed a sample of the proposed marker and explained that the committee
hoped to educate citizens with the markers. The markers would say "No Dumping -
Drains to Your Lakes".
Don Sorensen, 72823 220th Street, requested Council approval of the expenditure
noting that farmers are doing a very good job of limiting pollution into the
lakes. After discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-182 authorizing $2250 for storm inlet markers, 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 02-182 included with these minutes.)
VARIANCE FOR 2102 WEDGEWOOD NOT APPROVED
Mayor Haukoos announced that the variance which had been denied by the Board of
Appeals was continued to this meeting to permit the applicant time to prepare
his request.
Jamie Kyllo, 202 West Clark, the attorney for Kenneth Robinson, appeared before
the Council. He noted that this variance is unique and that the original shed
located on the site in question was constructed some 20
years earlier. When Mr. Robinson acquired the property, he demolished the old
shed, laid a concrete slab and placed a new shed on the slab. He explained that
the new building would be three feet from the property
line and the adjacent property is a City-owned driveway into Garden Villa Park.
The entry is 30 feet wide and has limited use. He also commented that the
neighbors are more concerned with the chain across the entry.
Council discussion centered around the need for a second variance in conjunction
with the request, the fact that the structure is improperly placed on the lot,
the purpose for the chain and the fact that the variance would not affect any
other properties in the area.
Councilor Marin moved, Council McPherson seconded, that the variance for 2102
Wedgewood be approved.
Additional Council discussion centered around the fact that other residents in
the area had been turned down for a variance and the fact that the Board of
Appeals had found no hardship as an 18-foot by 20-foot garage already exists on
the site.
On roll call vote, Councilors McPherson, Marin and Brooks voted in favor of the
motion. Councilors Amundson, Sorenson, Kron and Mayor Haukoos voted nay. Mayor
Haukoos declared the motion defeated and the variance denied.
DELEGATE TO CONGRESS OF CITIES
Mayor Haukoos told the Council that it is necessary to name a delegate to the
Congress of Cities meeting which will be held in Salt Lake City in December. No
action was taken on this issue.
WEDGEWOOD PARK RENAMED WANGEN PARK
Mayor Haukoos announced that the Park and Recreation Advisory Board received a
request to rename Wedgewood Park Wangen Park in honor of the late Mayor Marvin
Wangen. At the board's July 24 meeting, the members voted unanimously to
recommend the Council rename the park.
Council discussion centered around the fact that renaming the park Wangen Park
is appropriate and recognizes Marv's dedication and commitment to the City and
its residents.
Councilor Kron commented that she had received a telephone call from Mark Jones
reminding her that the parkland had been donated by his grandfather, Dr. Don
Wedge, and that it had originally been named in Wedge's memory. She noted that
Mr. Jones was not opposed to the renaming.
Council discussion centered around the fact that Wedgewood Park was
appropriately named, that Wangen had lived near the park for 40 years and
encouraged development of it and the possibility of including the Wedge name on
the sign.
Don Sorensen, 72823 220th Street, told the Council that he knows the Wedge's
contribution to the community and felt that it would be a mistake to rename the
park.
Larry Harmdierks, 1420 Edgewater Drive, commented that this would open the way
for renaming of other parks, such as Shoff Park, and felt that this is
inappropriate. Parks named in memory of someone should remain in that name.
Councilor McPherson noted that there were several places in Albert Lea named
after the Wedges including streets.
Councilor Sorenson moved, Councilor Marin seconded, that Wedgewood Park be
renamed Wangen Park. On roll call vote, all Councilors voted in favor of said
motion with the exception of Mayor Haukoos who voted nay.
Mayor Haukoos declared the motion carried and the park renamed.
COMMUNITY NEEDS SURVEY REMINDER
Mayor Haukoos reminded the Council and residents of the community that they need
to complete and return those surveys as soon as possible.
YEAR 2003 BUDGET PRESENTED AND PUBLIC HEARING CALLED
Assistant City Manager Schmitt explained that this is the formal presentation of
the City Manager's recommended 2003 budget. He noted that it is necessary for
the Council to call a public hearing on the
budget for September 9 to permit public input concerning the recommended
appropriations and spending levels as well as the recommended revenues.
Councilor Sorenson moved, Councilor Kron seconded, that a public hearing on the
year 2003 budget be called for September 9, 2002. On roll call vote, all
Councilors voted in favor of said motion. Mayor Haukoos
declared the motion carried and the budget hearing called.
RESOLUTION 02-183 ADOPTED - SETTING TRUTH-IN-TAXATION HEARING DATES
Assistant City Manager Schmitt told the Council that it is necessary to
establish dates for the state-required Truth-in-Taxation hearings for the 2003
annual budget and recommended the initial hearing be held on
December 2 at 7 p.m. with the continuation hearing to be held on December 9 at 7
p.m. and the hearing subsequent scheduled for December 9 at 7:30 p.m.
After Council discussion, Councilor Sorenson moved, Councilor Kron seconded,
that Resolution 02-183, setting the truth-in-taxation hearing dates, 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 02-183 included with these minutes.)
RESOLUTION 02-184 ADOPTED - AUTHORIZING DEMOLITION OF BUILDING
Assistant City Manager Schmitt told the Council that this resolution authorizes
the demolition of 1207 South Newton and that the City Attorney has the consent
of the owner. The estimated cost to demolish the property is $3,000 and the
cost will be assessed to the property.
Councilor Brooks moved, Councilor Marin seconded, that Resolution 02-184,
authorizing the demolition of 1207 South Newton with costs assessed to the
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 02-184 included with these minutes.)
STAFF REVIEW FOR W.L.W. PROCESSING REVOLVING FUND LOAN ORDERED
Assistant City Manager Schmitt explained that a request has been received from
W.L.W. Processing for a loan from the City's Revolving Loan Fund between
$125,000 and $150,000. The City would have a second position mortgage on the
real estate and a security interest in the inventory. He suggested that the
Council authorize staff review and when the information is complete it will be
returned to the City Council for formal approval.
Mike Walker, 17549 840th Avenue, plant manager for W.L.W. Processing appeared
before the City Council to respond to any questions of the Council.
After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded,
that staff be authorized to review the request of W.L.W. Processing for a
Revolving Fund Loan, be approved. On roll call vote, all Councilors voted in
favor of said motion. Mayor Haukoos declared the motion carried and the staff
review authorized.
RESOLUTION 02-185 ADOPTED - A RESOLUTION APPROVING A PERFORMANCE
AGREEMENT
Assistant City Manager Schmitt noted the Continental Ballet Company has provided
the City with a performance agreement for a performance of Cinderella on
November 9, 2002 at the Civic Theatre at a cost of $3500.
After discussion, Councilor McPherson moved, Councilor Marin seconded, that
Resolution 02-185, approving a performance agreement with the Continental Ballet
Company for a performance of Cinderella on November 9, 2002, 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 02-185 included with these minutes.)
RESOLUTION 02-186 ADOPTED - A RESOLUTION DECLINING ACQUISITION AND
REQUESTING REINSTATEMENT OF ASSESSMENTS FOR TAX FORFEITED PROPERTIES
Assistant City Manager Schmitt informed the Council that the City has been
informed that four properties are included in the Auditor's classification
listing on non-conservation land in the City forfeited to the State of Minnesota
for non-payment of property taxes and one of the four properties have unpaid
assessments against it which will be cancelled if not reinstated by Council
resolution.
After Council discussion, Councilor Sorenson moved, Councilor Kron seconded,
that Resolution 02-186, declining acquisition and requesting reinstatement of
assessments for tax forfeited properties, 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 02-186 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Third Ward, Councilor Marin:
(a) Asked for a written report from the Park and Recreation Department as to why
the chain is in place on
Garden Villa Park.
Fourth Ward, Councilor Sorenson:
(a) Informed the staff that the property at 820 Freeborn needs mowing and debris
removal.
(b) Has received complaints about the bad job of striping crosswalks in the
Morin Park area. City Engineer
Olson will look at this. Assistant City Manager
Schmitt said that if the crosswalks are treated with a
reflective material that it looks bad when
first applied but that it will improve when dry.
PUBLIC ITEMS
Larry Harmdierks, 1420 Edgewater Drive, told the Council that he is the person
asking about tree planting on right-of-way along Edgewater Drive. The trees are
blocking his view of the lake. He has heard nothing from
the Park and Recreation Department and demands a response.
Gary Morrison, 722 Cedar Avenue, suggested that with all of the construction
occurring on West Main Street and the detour on Front Street that the City
should consider no parking designations along Front Street.
City Engineer Olson noted that the City has talked with the Minnesota Department
of Transportation regarding this posting and that the street is posted further
east of the school but that we have not received a request for no parking from
the school district to-date.
ADJOURNMENT - 8:35 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, September 9, 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 26, 2002.
Secretary of the Council
Mayor
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