Albert Lea, MN                                                                                     August 27, 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 AUGUST 13, 2001.

 

(b)            LICENSES AND BONDS APPROVED:

 

ANNUAL LICENSE

 

LODGING/BOARDING

Janet A. McDermott d/b/a The Victoria Rose Inn, 609 W. Fountain St.

 

TEMPORARY LICENSE

 

FOOD/BEVERAGE

Cynthia Anderson, 706 Pillsbury, for the Freeborn County Fairgrounds on August 11and 12

 

OFF-PREMISES LIQUOR

Steve Anderson d/b/a Andy’s Roadhouse, 2301 E. Main, for the Armory on August 18

 

(c)            RESOLUTION 01-195 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-195 approves an Application for Premises Permit Renewal for the Knights of Columbus Council 1590 at 1002 S. Broadway.

 

                                                     (See Secretary's Original Resolution

                                  01-195 included with these minutes.)

 

(d)            RESOLUTION 01-196 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-196 approves an Application for a Premises Permit Renewal for the Knights of Columbus Council 1590 at the Aragon Bar, 130 W. College.

 

                                                    (See Secretary's Original Resolution

                                                     01-196 included with these minutes.)


 

(e)     RESOLUTION 01-197 ADOPTED - CLAIMS:  Resolution 01-197 presents the financial claims of the City.

 

                                                    (See Secretary's Original Resolution

                                                     01-197 included with these minutes.)

 

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.

 

RESOLUTION 01-198 ADOPTED – ADOPTING MISCELLANEOUS ASSESSMENTS ROLLS 30-32 – PUBLIC HEARING

 

Mayor Haukoos opened a public hearing for Miscellaneous Assessments Rolls 30-32.  The necessary notice for this hearing was published on August 9, 2001.

 

There was no public discussion.  Councilor Sorenson moved, Councilor Kron seconded, that Resolution 01-198, adopting Miscellaneous Assessments Rolls 30-32, 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.

 

(See Secretary’s Original Resolution

01-198 included with these minutes.)

 

RESOLUTION 01-199 ADOPTED – ADOPTING PARKING MAINTENANCE DISTRICT ASSESSMENTS – PUBLIC HEARING

 

Mayor Haukoos opened a public hearing for Parking Maintenance District assessments from August 1, 2000, to July 31, 2001.  The necessary notice for this hearing was published on August 16, 2001. 

 

There was no public discussion.  Councilor McPherson moved, Councilor Marin seconded, that Resolution 01-199, adopting Parking Maintenance District assessments, 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.

 

(See Secretary’s Original Resolution

01-199 included with these minutes.)

 

RESOLUTION 01-200 ADOPTED – ORDERING JOB 0108 – PUBLIC HEARING

 

Mayor Haukoos opened a public hearing for Job 0108, road construction, sanitary sewer, watermain and storm sewer on Blake Avenue south of CSAH 46, Southeast Marshall and the intersection of CSAH 46 and Blake Avenue.  The necessary notice for this hearing was published on August 16, 2001.

 

City Manager Sparks explained that the City had received letters from Charles Boerneman and from Hugh O’Byrne stating that the assessment exceeds the value of the property and objecting to the assessment.  He told the Council that the properties consist of poor quality soils requiring expensive improvements  prior to use and suggested that these assessment be deferred until such time as the property is developed and using City water and sewer.  At that time, the property will be assessed at the current costs for installation. 

 

Hugh O’Byrne, Route 2, Albert Lea, objected to deferred assessments and questioned whether the assessments would carry accrued interest payable at the time of sale.  City Manager Sparks explained that these assessments would be held in abeyance and that the assessments would not begin with the final hearing on those properties but would begin when the properties connect to City utilities.

 

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 01-200, ordering Job 0108 and deferring the assessments on Lots 1-5, Block 3, Buschbom 3rd Addition until such time as they are developed, 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

01-200 included with these minutes.)

 

RESOLUTION 01-201 ADOPTED – ORDERING JOB 0111 – PUBLIC HEARING

 

Mayor Haukoos opened a public hearing on Job 0111, sanitary sewer extension on Southeast Marshall.  The necessary notice for this hearing was published on August 16, 2001.

 

City Manager Sparks explained that the two objections received from Charles Boerneman and Hugh O’Byrne also carry over to this project. 

 

After Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that Resolution 01-201, ordering Job 0111 with deferral for the properties owned by Boerneman and O’Byrne identified as Lots 1-5, Block 3, Buschbom 3rd Addition, 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.

 

(See Secretary’s Original Resolution

01-201 included with these minutes.)

 

RESOLUTION 01-202 ADOPTED – ORDERLY ANNEXATION OF DARWIN HAROLDSON PROPERTY

 

City Manager Sparks explained that the City had received a request from Darwin Haroldson, 2016 Southeast Marshall, for annexation of his home into the City.  The property requested for annexation is a parcel 130 feet east of the westerly property line on Southeast Marshall, 200 feet south, 130 feet west and 200 feet north from the center of the street on Southeast Marshall.  Mr. Sparks explained that a resolution would be a formal request to the Albert Lea Township for the orderly annexation of this property.

 

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 01-202, approving the orderly annexation of the Darwin Haroldson property at 2016  Southeast  Marshall, 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

01-202 included with these minutes.)

 

 CVB BUDGET TO BE REVIEWED AT BUDGET WORKSHOPS

 

City Manager Sparks explained that the City had received the Convention and Visitors Bureau proposed budget for 2002.  He suggested that the budget be received and included for discussions with the City’s budget review at workshop sessions to be scheduled.

 

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that the Convention and Visitors Bureau budget for 2002 be accepted for review at Council budget workshops.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the CVB budget accepted.

 

RESOLUTION 01-203 ADOPTED – FUND TRANSFERS

 

City Manager Sparks explained that City staff has requested a Council resolution advancing $15,000 from the General Fund to TIF District 5-9 Downtown Project Fund to cover a check issued to Scott Knutson and an advance of $700,000 from the General Fund to the Revolving Fund to finance construction payments for assessed projects until the $2.8 million bond proceeds are received in September.

 

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 01-203, authorizing the transfer of funds, 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

01-203 included with these minutes.)

 

RESOLUTION 01-204 ADOPTED    PROVIDING  FOR  THE  ISSUANCE  AND  SALE OF

$2.8 MILLION G.O. PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001A

 

This resolution authorizes the Permanent Improvement Revolving Fund Bond sale in the amount of $2.8 million which is required to fund current and upcoming projects. 

 

Bob Thistle, Springsted, Inc., appeared before the Council to answer any questions.  He noted that Springsted would be taking bids on September 24 and that the bids would be ready for the Council’s consideration at its September 24 meeting.

 

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 01-204, providing for the issuance and sale of $2.8 General Obligation Permanent Improvement Revolving Fund Series Bonds, Series 2001A, 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

01-204 included with these minutes.)

 

RESOLUTION 01-205 ADOPTED – AUTHORIZING PURCHASE OF PALMER PROPERTY

 

City Manager Sparks explained that this item dates back from the Council’s May 29 meeting where the Council ordered an appraisal for a ten-acre parcel of land northwest of the City Garage.  The City had received an offer to sell the property for $25,000 and the staff feels that this property is valuable for future storm water retention.  The City has since obtained an appraisal for the property indicating a market value of $78,500 making the offer a desirable one.  He is recommending Council authorization to proceed with the purchase of the Ruth A. Palmer Trust property.

 

After Council discussion, Councilor Amundson moved, Councilor Marin seconded, that Resolution 01-205, authorizing the purchase of the Ruth A. Palmer Trust property at a purchase price of $25,000, 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

01-205 included with these minutes.)

 

ALLIANT ENERGY STREET LIGHTING OFFER TAKEN UNDER CONSIDERATION

 

City Manager Sparks reported that Alliant Energy has proposed an agreement between Alliant and the City to purchase and do maintenance on City owned street lighting.  He noted that if the Council is interested the staff could request additional details for this offer and bring a more specific agreement back for Council consideration. 

 

Council discussion centered around whether the agreement would include decorative poles only or all poles, a proposed rate for the agreement and a desire for more information.  No action was taken on this agreement.

 

RESOLUTION 01-206 ADOPTED – APPROVING A CONTRACT AMENDMENT AND SECOND CONTRACT WITH YAGGY COLBY

 

City Manager Sparks explained that the Council authorized a contract with Yaggy Colby Associates of Rochester for design Phase I of the Downtown Street Improvement Project (Job 9925) at a not to exceed fee of $26,000 in Resolution 01-51 and that the City Engineer is requesting an additional $5,472.35 to the original contract for actual expenses for adding additional streets to the original scope of the project.  He further explained that the Engineer is recommending the City enter into a separate engineering service agreement with Yaggy Colby for final design, plan preparation and project development of the remaining streets in the Downtown area south of Main Street and identified as Phase II at a cost of $18,000.

 

After Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that Resolution 01-206, authorizing a contract amendment with Yaggy Colby for an additional amount of $5,472.35 for additional streets to be included outside the scope of the original contract  and an  engineering  services  agreement  with  Yaggy  Colby  for final design plan preparation and project development of Phase II for Job 9925, the remaining streets in the Downtown area south of Main at a cost of $18,000, 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

01-206 included with these minutes.)

 

RESOLUTION 01-207 ADOPTED – APPROVING SUPPLEMENTAL AGREEMENT WITH SORENSEN BROS.

 

City Manager Sparks explained that certain storm drainage items were inadvertently left out of the contract for Jobs 0108 and 0111 that are necessary to the project.  The cost of the storm drainage items included in the supplemental agreement will not exceed the contingency amounts and have been agreed to by the developer as a part of the assessable costs. 

 

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 01-207, approving a supplemental agreement for 2001 Sewer, Water and Street Contract No. 2 with Sorensen Bros. in the amount of $85,848 for additional storm drainage items, 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

01-207 included with these minutes.)

 

2002 BITUMINOUS OVERLAY PROGRAM ACCEPTED

 

City Manager Sparks explained that the City Engineer is recommending that the 2002 Overlay Project which includes the general area bounded by Main Street on the south, Highway 13 on the west, Lakeview Boulevard on the north and West Avenue on the east. 

 

Council discussion centered around whether tiling in various areas would be included in the project and whether the project would conflict with the West Main Street Project.  City Manager Sparks stated that the City could prepare the assessments to include both with tiling and without.  City Engineer Olson explained that the project would not conflict with the West Main Project inasmuch as the detour route for the West Main Project would again be Front Street.  After additional Council discussion, Councilor McPherson moved, Councilor Marin seconded, that the 2002 Bituminous Overlay Program suggested by the City Engineer, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the project accepted.

 

RESOLUTION 01-208 ADOPTED – REJECTING BID FOR JOB 9925 AND CANCELLING THE PUBLIC HEARING

 

City Manager Sparks stated that the City had accepted bids for the Downtown Street Improvement Project, Job 9925, that afternoon and that only one bid was received in the amount of $616,114.56 from Ulland Bros.  He noted that the Engineer’s estimate was $534,190.00 putting the final cost at more than 15 percent over the Engineer’s estimate.  He told the Council that the Engineer is recommending that the bid be rejected and that the City staff combine Phase I and II of Job 9925 and rebid this project next spring.

 

City Engineer Olson explained that most contractors are very busy at this time of year and that it is even more difficult to find milling contractors with only a 25 day window for completion.  He noted that next year more contractors would probably bid the project and they would be allowed more time for completion.  He noted that this is an unusual project in that they are attempting to limit the inconvenience to the Downtown businesses with the application of blacktop within 24-36 hours after milling is completed.

 

After Council discussion, Councilor McPherson moved, Councilor Sorenson seconded, that Resolution 01-208, rejecting the bid of Ulland Bros. for the Downtown Street Improvement Project (Job 9925) and cancellation of the public hearing scheduled for September 11, 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

01-208 included with these minutes.)

 

YEAR 2002 BUDGET PRESENTED AND PUBLIC HEARING CALLED

 

City Manager Sparks explained that this is the formal presentation of the City Manager’s recommended 2002 Budget.  He noted that it is necessary for the Council to call a public hearing on the budget for September 10 to permit public input concerning the recommended appropriations and spending levels as well as the recommended revenues.  He informed the Council that the City had received a letter from the State indicating that the levy limit is $200,000 higher than what is included in the budget but that he is suggesting that the levy limit indicated remain.

 

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that a public hearing on the year 2002 budget be called for September 10, 2001.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the budget hearing called.

 

UNLISTED ITEMS

 

WARD ITEMS

 

First Ward, Councilor Amundson:

 

a)         Stated that one of his constituents has requested a staff study for a stop sign at Troy and Grand as a result of an injury accident at that location.  City Manager Sparks stated that he would report back to the Council.

 

Fourth Ward, Councilor Sorenson:

 

a)            Reported that the staff should take a look at the hedge in the southeast quadrant of Garfield and Sheridan.


 

Mayor Haukoos thanked Commissioners Mullenbach and Behrends and the new County Administrator Ron Gabrielson for sitting in at the meeting.

 

ADJOURNMENT – 8:20 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 Monday, September 10, 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 28, 2001.

 

 

 

________________________                                     _____________________________

Secretary of the Council                                          Mayor