Albert Lea, MN                                                                                             September 10, 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, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune and KAAL-TV.

CONSENT AGENDA

(a)            APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF AUGUST 27, 2001.

(b)            LICENSES AND BONDS APPROVED:

ANNUAL LICENSE

Jamie Evenson d/b/a Jamie’s Java Express, R.R.2 – Box 232

Applebee’s Neighborhood Grill & Bar, 2740 Bridge Ave.

TEMPORARY LICENSE

Gary Goette, Freeborn County Snowmobile Trail Association, for the Fairgrounds September 16

(c)            RESOLUTION 01-209 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION:  Resolution 01-209 approves the Gambling Permit Renewal Application for the Multiple Sclerosis Society Minnesota Chapter for operations at Harold’s Bar, 1318 E. Main Street.

                            (See Secretary's Original Resolution

                             01-209 included with these minutes.)

(d)            RESOLUTION 01-210 ADOPTED – ACCEPTING LOAN FUNDING CONTRACT:  Resolution 01-210 accepts a loan funding contract from the Minnesota Housing Finance Agency for the MHFA Rehabilitation Loan Program for a contract period from August 20, 2001, through June 1, 2003.

                        (See Secretary's Original Resolution

                         01-210 included with these minutes.)

(e)      RESOLUTION 01-211 ADOPTED - CLAIMS:  Resolution 01-211 presents the financial claims of the City.

                        (See Secretary's Original Resolution

                         01-211 included with these minutes.)

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.

2002 PROPOSED BUDGET – PUBLIC HEARING

Mayor Haukoos opened a public hearing for the proposed 2002 Budget.  The necessary notice for this hearing was published on August 30, 2001.

City Manager Sparks announced that this is a public hearing for the purpose of taking public comment on the proposed 2002 Budget.

Bev Jackson, Freeborn County Museum and Historical Village Executive Director, told the Council that she had sent packets to various Council members regarding their request.  They are requesting the funding of $10,000.00, an increase of $3,500.00 more than previous years.

Randy Kerr appeared before the City Council on behalf of the Albert Lea Art Center Board of Directors.  He noted that the Art Center is requesting an increase from $3,500.00 to $9,000.00. 

Mr. Sparks informed the Council that the City has also received a request from the American Federation of Musicians Local No. 567 for funding in the amount of $2,500.00 which is the same as previous years and is already included in the 2002 Proposed Budget.  He told the Council that he has also had a request from the City Attorney regarding partial funding for a Crime Victim’s Services Advocate.  The City Attorney is proposing that no General Fund monies be used for this position but rather as a result of a change in the forfeiture statute effective August 1^st, thirty percent of the vehicle forfeiture money be used for prosecutorial purposes by the prosecuting attorney.  The City Attorney is proposing that his thirty percent of the money be used for the Crime Victim’s Services Advocate position.

After Council discussion, Councilor Sorenson moved, Councilor Brooks seconded, that the public hearing for the 2002 Budget be closed.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing closed.

NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES VOTING DELEGATE APPOINTED

Mayor Haukoos explained the Council needs to appoint a voting delegate to the National League of Cities Congress of Cities to be held December 4^th through the 8^th in Atlanta, Georgia. 

Councilor McPherson indicated his intent to attend this conference.

Councilor Marin moved, Councilor Sorenson seconded, that Councilor Dave McPherson be appointed the City’s voting delegate to the National League of Cities Congress of Cities Conference.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who abstained.  Mayor Haukoos declared the motion carried and Councilor McPherson appointed.

RESOLUTION 01-212 ADOPTED – CALLING A HEARING ON PROPOSED ASSESSMENTS FOR JOBS 2022, 0101 AND 0102

City Manager Sparks explained that this is resolution calling for a public hearing for final assessments for Job 2022, the paving of Rowe Lane, Job 0101, Bituminous Overlay Program in the northeast quadrant of the City, and Job 0102, the Maplehill Drive Bituminous Surface Replacement.  He is proposing that this hearing be called for the Council’s next meeting on September 24, 2001.

After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 01-212, calling a public hearing on proposed assessments for Jobs 2022, 0101 and 0102, be called for September 24, 2001.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the public hearing called.

                            (See Secretary’s Original Resolution

RESOLUTION 01-213 ADOPTEED – ESTABLISHING 2002 TAX LEVY

City Manager Sparks stated that this is a resolution which approves the proposed tax levy for 2002.   The  budget  included a recommended  $1,295,000.00 and the  Finance  Director has added a five percent contingency for non-collections.  He noted that the Council also has approximately $110,000.00 in additional levy available to work with.  He reminded the Council that the amount set at this time becomes the maximum that may be levied for 2002 and that it cannot be increased but it may be decreased from subsequent action of the Council. 

After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that the proposed levy remain at $1,374,150.00.  After Council discussion and on roll call vote, Councilors Amundson, Marin and Sorenson voted in favor of the motion with Councilors McPherson, Kron, Brooks and Mayor Haukoos opposed.  Mayor Haukoos declared the motion denied.

After additional Council discussion, Councilor McPherson moved, Councilor Kron seconded, that the tax levy for 2002 be established at the maximum allowed, $1,484,150.  On roll call vote, Councilors McPherson, Kron and Brooks voted in favor of said motion with Councilors Amundson, Marin, Sorenson and Mayor Haukoos voting no.  The Mayor declared the motion denied.

After additional discussion, Councilor Amundson moved, Councilor Sorenson seconded, that Resolution 01-213, establishing the proposed tax levy for 2002 at $1,375,000.00, be approved.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors McPherson and Brooks who voted nay.  Mayor Haukoos declared the motion carried and the resolution adopted.

RESOLUTION 01-214 ADOPTED – TRANSFERING FUNDS

City Manager Sparks explained that due to all of the construction activity during the Summer months the City has incurred additional personnel costs within the Engineering Department.  The costs come from making a part-time engineering technician into a full-time position which will run through the Fall.  The person assuming the full-time position will replace Don Larson when he retires at the end of the year.  The Council would need to transfer $20,000.00 from the Contingency Fund to the Engineering Fund to cover the increased costs.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 01-214, authorizing the transfer of $20,000.00 from the General Fund Contingency Account to the General Fund Engineering Account to cover the increased costs incurred, 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 01-215 ADOPTED – APPROVING PURCHASE OF STREET DEPARTMENT EQUIPMENT

City Manager Sparks told the Council that there are a number of pieces of heavy equipment that are approaching the end of their useful life and that the staff is recommending the purchase of replacement equipment under the State bid contract.  He noted that the prices under the State contract are quite attractive since they represent a very broad purchase by the State which is passed on to local government.  The total of the purchases proposed is $477,967.00 and includes a Caterpillar crawler, a snowblower, a Vibromax roller, a Caterpillar loader and an Elgin street sweeper.  He told the Council that there is adequate funding in the Equipment Service Fund to pay for this purchase.

After Council discussion, Councilor Sorenson moved, Councilor Amundson seconded, that Resolution 01-215, approving the purchase of Street Department equipment at a cost of $477,967.00, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

RESOLUTION 01-216 ADOPTED – AUTHORIZING A CONTRACT FOR TELEPHONE SERVICES

City Manager Sparks explained that staff is recommending award of a 36-month contract to USLink for telephone services.  USLink provided the best overall bid package for the City’s telephone services at a significant cost savings over a 12-month period estimated at approximately $18,000.00.  He noted that the anticipated savings comes from two different sources, one is the long distance service which offers the greatest opportunity for savings, approximately $9,000.00 cheaper than our current prices.  The second area of savings is on the lines the City rents with an anticipated reduction of $500.00 per month. 

After Council discussion, Councilor Kron moved, Councilor McPherson seconded, that Resolution 01-216, authorizing a 36-month contract with USLink for local and long distance telephone services, be authorized.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

RESOLUTION 01-217 ADOPTED – AUTHORIZING JOINT POWERS AGREEMENT

City Manger Sparks stated that the City of Austin has proposed a Joint Powers Agreement for work on a bike trail connecting Albert Lea and Austin.  The City Attorney has reviewed the proposed agreement and recommends approval.  Mr. Sparks noted that either City has the opportunity to withdraw from the program in the event that it becomes dissatisfied with the progress or the outcome.  There is no financial commitment contained within the agreement.  The presumption is that all of the money would come from the State and the agreement  would  allow us to proceed with  application for additional money from the State.

After Council discussion, Councilor McPherson moved, Councilor Marin seconded, that Resolution 01-217, authorizing a Joint Powers Agreement with the City of Austin for the bike trail, 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 01-218 ADOPTED – REQUESTING REPLAT PROPOSALS

City Manager Sparks stated that the City had received a request from the attorney for the Habitat from Humanity group requesting that the City sell the former Allis Hotel property and adjacent lots to the Habitat for Humanity for the sum of $1.00.  The property runs from Washington Street on the east to Pearl Street on the west and Mill on the south.  Mr. Sparks suggested that the property would require replatting and that the group be given one lot at a time.

Don Johnson, attorney for the Habitat for Humanity, explained to the Council that the group is currently constructing one to two homes per year maximum with volunteer help and that the group would be comfortable with whatever the Council chooses to donate.  He suggested that the City Attorney look at any potential title problems at the same time that the replat proposals are being drafted. 

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 01-218, requesting that the City Planner review the property, provide proposals for replatting of the former Allis Hotel property and adjacent lots for possible sale of one of the lots to Habitat for Humanity and bring back the replatting proposals to the City Council for a final decision and that the City Attorney be asked to review the above-described property for possible title problems.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

UNLISTED ITEMS

WARD ITEMS

Fourth Ward, Councilor Sorenson:

a)  Stated that with a public hearing being called on the overlay project in the northeast quadrant of the City that there is some cracking of streets in that area and questioned whether the contractor had looked at those sites.

City Engineer Olson stated that the City had looked at the cracking and that it was a bit unusual but that he does not believe it is the result of the contractor’s work.  He noted that there is a short section of cracking and that the City will take care of this problem yet this Fall.

b)  Asked whether staff had the opportunity to review the problem with the alley off of Albert Lea Street.  City Engineer Olson stated that he has looked at the property and that the owner has constructed a decorative wall adjacent to his property and that the alley would need regrading.  He noted that a dish would need to be created in the alley as a permanent fix to the problems created.  The engineering staff will study and review options and submit proposals to the City Manager in the near future.

Fifth Ward, Councilor Kron:

a)  Introduced a resolution to commence condemnation proceedings against the properties at 722 Washington and 206 W. Third Street.  Councilor Sorenson seconded her motion.  On roll call vote, all Councilors voted in favor of Resolution 01-219. Mayor Haukoos declared the motion carried and the resolution adopted.

Sixth Ward, Councilor Brooks:

a)  Commented that the Frank Avenue project looks good and that he is receiving calls regarding speeding along that street.  Mr. Sparks responded that he had received a memo from the City Engineer stating that a speed study has been done on Frank Avenue and that the average speeds are in the mid-20 mph range and that it appears from the data that the speeding problem is more of a perceived concern than an actual speeding problem.  He suggested that the staff request additional Police enforcement of that area and that the area would be monitored for the balance of the Summer.

b)  Councilor Brooks moved to authorize a donation of $1,000.00 to the Freeborn County Museum and Historical Village toward the recently installed heat/smoke/burglar sensor system with funds provided by the City Council account.  Councilor Kron seconded the motion.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor McPherson who voted nay.  Mayor Haukoos declared the motion carried and the resolution adopted.

PUBLIC ITEMS

Glen McDaniel, 701 Garfield, suggested that the Council install signs at the crosswalk between the Security Bank and Northpark as vehicles do not stop for pedestrians at that crosswalk.  City Manager Sparks told Mr. McDaniel that perhaps he should use the signaled crossing noting that it is a violation of State law to not stop for pedestrians in a crosswalk but that a signaled crossing is much safer to the pedestrians.

Mayor Haukoos thanked County Commissioner Mullenbach for his attendance at the Council meeting.

ADJOURNMENT – 8:42 P.M.

Councilor Amundson moved, Councilor Marin 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 24, 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 September 11, 2001.

________________________                                     _____________________________

Secretary of the Council                                          Mayor