Albert
Lea, MN
January 14, 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, Mary Kron, Al Brooks
and Mayor Bob Haukoos. Absent was
Ron Sorenson. 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 DECEMBER
20, 2001.
(b)
APPROVED PLUMBERS LICENSE FOR CARL ANDERSON d/b/a Mechanical
Air Systems, 425 South Federal, Mason City, IA.
(c)
RESOLUTION 02-1 ADOPTED – APPROVING LAWFUL GAMBLING
APPLICATION: Resolution
02-1 approves an Application for Authorization for Exemption from Lawful
Gambling License for the Freeborn County Ducks Unlimited to conduct a raffle at
the National Guard Armory, 410 Prospect Avenue, on April 20, 2002.
(See
Secretary’s Original Resolution
02-1 included
with these minutes.)
(d)
RESOLUTION 02-2 ADOPTED – APPROVING LAWFUL GAMBLING
APPLICATION: Resolution
02-2 approves a Gambling Permit Renewal Application for the Glenville Community
Recreation Corporation at Office II, 1119 South Broadway Avenue.
(See Secretary's Original Resolution
02-2
included with these minutes.)
(e)
RESOLUTION 02-3 ADOPTED –
AUTHORIZING AN AGREEMENT FOR STAFF
SERVICES
FOR THE ALBERT LEA PORT AUTHORITY FOR 2002:
Resolution
02-3 authorizes an agreement for staff services for the Albert Lea Port
Authority for
2002.
(See Secretary's Original Resolution
02-3
included with these minutes.)
(f)
RESOLUTION 02-4 ADOPTED –
AUTHORIZING AN AGREEMENT FOR STAFF SERVICES FOR THE HOUSING AND REDEVELOPMENT
AUTHORITY FOR 2002: Resolution 02-4 authorizes an agreement for staff services for the
Housing and Redevelopment Authority for 2002.
(See Secretary’s Original Resolution
02-4 included with these minutes.)
(g)
RESOLUTION 02-5 ADOPTED –
CALLING A PUBLIC HEARING FOR PORT AUTHORITY ANNUAL REVIEW:
Resolution
02-5 calls for a public hearing for the Port Authority annual review on January
28, 2002.
(See Secretary’s Original Resolution
02-5 included with these minutes.)
(h)
RESOLUTION 02-6
ADOPTED - CLAIMS: Resolution 02-6
presents the financial
claims of the City.
(See Secretary's Original Resolution
02-6
included with these
minutes.)
Councilor Brooks
moved, Councilor Kron
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.
LIQUOR LICENSE APPROVALS – PUBLIC
HEARING
Mayor
Haukoos opened a public hearing for the transfer of the on-sale and Sunday
on-sale intoxicating liquor licenses from Vance Mickelson d/b/a Office II to
Timothy Iverson d/b/a Hot Shots, 1119 South Broadway, and the issuance of an
on-sale intoxicating liquor license to Crescendo Dynamic Downtown Dining, LLC
d/b/a Crescendo, 118 South Broadway Avenue.
The necessary notice for this hearing was published on December 28, 2001.
No one appeared to be heard.
Councilor
McPherson moved, Councilor Kron seconded, that the transfer of the liquor
licenses from Vance Mickelson to Timothy Iverson and the issuance of the liquor
license to Crescendo be approved. On
roll call vote, all Councilors voted in favor of said motion.
Mayor Haukoos declared the motion carried and the public hearing closed.
DEMOLITION
OF STRUCTURE AT 722 SOUTH WASHINGTON AVENUE TABLED TO NEXT REGULAR COUNCIL
MEETING – PUBLIC HEARING
Mayor
Haukoos opened a public hearing for the demolition of the structure at 722 South
Washington Avenue. The necessary
notice for this hearing was published on December 28, 2001.
Robert
Garza, 427 Garfield, appeared with Juan Juarez, the owner of the property at 722
South Washington Avenue. Mr. Garza
explained on Mr. Juarez’s behalf that Mr. Juarez felt that the property has
been improved. He is requesting
additional time to gain employment and continue repairs to the structure.
City
Manager Sparks stated that the property had recently been inspected and that the
City doesn’t feel that the house is habitable. He explained that the order lists the following reasons to
deem the building hazardous:
a.
Rotted fascia
b.
Rotted and missing siding
c.
Improper repair of siding
d.
Rotten exterior wall structure
e.
Caved-in foundation
f.
That the building is beyond the possibility of economic repair.
Richard
Sydnes, Chief of Fire and Inspection, noted that the property was condemned in
1998 and that the property had been sold at auction by Freeborn County for
$1000. The purchaser then sold the
property to Mr. Juarez for $1000. He
obtained a roofing permit in 1999 but didn’t get permits for any other repairs
and the work was not done to comply with building codes.
The pictures that he provided to the City Council were taken
approximately one week ago. He also
noted that Mr. Juarez was told on January 26, 2001 that he needed to come in to
discuss the work with the Inspection Division and didn’t comply with that
request. Mr. Sydnes stated that he
feels it would cost approximately $50,000 minimum to bring the structure up to
code. He feels that the City would
be doing Mr. Juarez a disservice if we permit him to continue with this project.
He noted that there is now a beetle infestation in the structure.
Mr.
Garza asked that someone from the City explain these issues to Mr. Juarez.
After
Council discussion, Councilor Brooks moved, Councilor Marin seconded, that this
order for demolition be tabled to the Council’s next regular meeting to permit
time for the City to explain the issues to Mr. Juarez.
On roll call vote, all Councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the order
tabled to the next regular meeting.
RESOLUTION
02-7 ADOPTED – AUTHORIZING ORDER FOR REMOVAL – PUBLIC HEARING
Mayor
Haukoos opened a public hearing for the purpose of reviewing evidence on whether
or not the structures at the Farmland Foods site should be demolished.
The necessary notice for this hearing was published on December 14, 2001.
City
Manager Sparks explained the City is seeking to have the structures at the
Farmland Foods site demolished citing the following reasons:
a.
A large portion of the plant was directly destroyed by fire;
b.
That much of the plant undamaged directly by fire was damaged by smoke
and water as a result of the fire;
c.
That a portion of the plant is contaminated by bacteria growth from the
smoke and water rendering it unfit for a food processing facility;
d.
That all remaining structures are in need of substantial and cost
prohibitive repair because of numerous fire and building code violations; and
e.
That the entire plant is beyond the possibility of economic repair.
Richard
Sydnes, Chief of Fire and Inspection, stated that because of the problems cited
that the Company would need to bring the property up to code before reuse. There are biological and environmental contamination
including fungus and bacteria at the site.
It is the finding of the Fire and Inspection Department that the
structures are not repairable. There is also little security at the site and a
chance of injury is a real possibility. The
property is a blight on the community. There
was a recent break-in at the site and at one time a runaway had taken up
residence in the old wastewater treatment plant.
Roger
Hallum, 1510 Plainview Lane, appeared before the Council.
He explained that he had worked at the plant since 1972 and asked whether
the company intends to rebuild the plant. City
Manager Sparks told Mr. Hallum that the City speaks to representatives of the
company regularly.
Mr.
Hallum asked what the value of the new site would be.
Mr. Sparks stated that the City would pay approximately $950,000 for the
improvements and property through various grants, insurance money and a tax
increment district. He explained
that if the plant is not built that we can hold 25 percent of the value (to-date
approximately $26 million) to insure demolition.
Mr.
Sparks noted that he would like to enter into an agreement with Farmland that if
they don’t start building in 2002 that they will tear the buildings down.
The company is asking the City to release the lien on the non-structural
portion of the claim to free up those funds which would permit the company to
purchase product and other items. He
also explained that eight of the insurance companies involved in the site
include six companies who are involved in claims from the September 11 disaster.
Mr.
Hallum asked whether other cities or states have expressed an interest in the
company. Mr. Sparks told Mr. Hallum that no other cities or states
could match the offer the City and State are able to provide because of the
available grants to the City. Mr.
Hallum noted that it means a lot to the community to get the plant up and going.
City
Attorney Schwab stated that he had drafted the Order for Removal and had
included the five findings cited by the City Manager.
He asked the Council’s opinion regarding the second paragraph of the
order which includes an order that the buildings be razed or removed within 270
days of service of the order. Mr.
Sparks noted that the City is asking for compliance during the 2002 construction
season. It was the consensus of the
Council that the 270 days listed are sufficient.
Additional
discussion included asbestos removal from dangerous buildings, the need to
remove asbestos before demolition of the remaining structures, cost of disposal
of asbestos materials and the process to be followed after approval of the Order
for Removal.
After
additional discussion, Councilor Kron moved, Councilor Amundson seconded, that
Resolution 02-7, authorizing the Order for Removal of the structure located at
1000 East Main Street, be approved. On
roll call vote, all Councilors voted in favor of
(See
Secretary’s Original Resolution
02-7 included
with these minutes.)
RESOLUTION
02-8 ADOPTED – AUTHORIZING THE CITY MANAGER NEGOTIATE A CONTRACT WITH FARMLAND
City
Manager Sparks requested Council authorization to negotiate a contract with
Farmland where the City agrees to release its interest in non-structural portion
of the claim in exchange for Farmland’s agreement to demolish structures.
After
Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that
Resolution 02-8, authorizing the City Manager to proceed with negotiation for a
contract with Farmland Foods. 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
02-8 included
with these minutes.)
RESOLUTION
02-9 ADOPTED – PERMITTING BOAT RENTAL LOCATION AT 137 BRIDGE AVENUE
City
Manager Sparks explained that the City had received a request from David Berg
for permission to operate a boat rental facility from his residence at 137
Bridge Avenue. He had done this in the past with Council permission and this
would be a seasonal operation. The
zoning ordinance does not allow commercial use of the site.
Mr. Sparks noted that Mr. Berg would provide the City with a commercial
liability insurance policy for the operation.
Council
discussion centered around restrictions to be imposed including no food sales,
no gas sales, no other rentals, no pop machine and limit the equipment to that
listed on Mr. Berg’s request.
After
Council discussion, Councilor Kron moved, Councilor Marin seconded, that
Resolution 02-9, permitting a boat rental location at 137 Bridge Avenue between
May 17 and September 30, 2002 with rental hours between 8:30 a.m. and 8:30 p.m.
including the restrictions listed above, 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
02-9 included
with these minutes.)
ORDINANCE
52, 3d ENACTED – REZONING PROPERTY – PUBLIC HEARING
Mayor
Haukoos opened a public hearing for Ordinance 52, 3d, rezoning property located
at the West End of the Bay Oaks Drive cul-de-sac from PD Planned Development to
R-1 Single Family Residential requested by Robert and Tiffany Syverson.
The necessary notice for this hearing was published December 28, 2001.
There
was no public discussion.
On
roll call vote, all Councilors voted in favor of Ordinance 52, 3d.
Mayor Haukoos declared the Ordinance enacted and the public hearing
closed.
(See
Secretary’s Original Ordinance
52, 3d
included with these minutes.)
MAYOR’S
APPOINTMENTS
Mayor
Haukoos tabled his appointments to the next regular Council meeting.
RESOLUTION
02-10 ADOPTED – ADOPTING COUNCIL PROCEDURES FOR 2002
City
Manager Sparks explained that this resolution establishes Council procedures for
the coming year. The procedures are
those that have been in place for several years with one addition, the provision
for a consent agenda.
After
Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that
Resolution 02-10, adopting Council procedures for 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
02-10 included
with these minutes.)
RESOLUTION
02-11 ADOPTED – NAMING OFFICIAL NEWSPAPER FOR 2002
City
Manager Sparks explained that this resolution names the Albert Lea Tribune as
the City’s official newspaper for 2002 for all legal publications.
Councilor
Marin moved, Councilor Brooks seconded, that Resolution 02-11, naming the Albert
Lea Tribune the City’s official newspaper for 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
02-11 included
with these minutes.)
RESOLUTION
02-12 ADOPTED – AUTHORIZING 2002 BOND PAYMENTS
Councilor
McPherson moved, Councilor Kron seconded, that Resolution 02-12, authorizing
2002 bond payments, 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
02-12 included
with these minutes.)
RESOLUTION
02-13 ADOPTED – DESIGNATING DEPOSITORIES OF CITY FUNDS AND SIGNATORIES FOR
WITHDRAWAL OF FUNDS AND AUTHORIZING INVESTMENT OF MUNICIPAL FUNDS AND COLLATERAL
SECURITY DEPOSITS FOR 2002
Councilor
Brooks moved, Councilor McPherson seconded, that Resolution 02-13, designating
depositories of city funds and signatories for withdrawal of funds and
authorizing investment of municipal funds and collateral security deposits for
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
02-13 included
with these minutes.)
RESOLUTION
02-14 ADOPTED – APPROVING CONTRACT FOR RENDEZVOUS
Councilor
Kron moved, Councilor Brooks seconded, that Resolution 02-14, approving the
contract for the Rendezvous at Bancroft Bay Park for its 2002 event, 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
02-14 included
with these minutes.)
RESOLUTION
02-15 ADOPTED – AUTHORIZING A CONTRACT WITH THE ALBERT LEA FIGURE SKATING CLUB
Councilor
Brooks moved, Councilor Amundson seconded, that Resolution 02-15, authorizing a
contract with the Albert Lea Figure Skating Club for its 2002 season, 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
02-15 included
with these minutes.)
RESOLUTION
02-16 ADOPTED – AUTHORIZING DEMOLITION OF DILAPIDATED BUILDING
City
Manager Sparks explained that this resolution authorizes the demolition of the
dilapidated building at 206 West Third Street as authorized by written consent
of the property owner and lien holder with costs assessed to the benefiting
property.
Councilor
Kron moved, Councilor Marin seconded, that Resolution 02-16, authorizing
demolition of the dilapidated building at 206 West Third Street with costs
assessed to the benefiting 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
02-16 included
with these minutes.)
RESOLUTION
02-17 ADOPTED – CALLING A PUBLIC HEARING FOR JOB 0201
City
Manager Sparks explained that the City Engineer has provided a report for
bituminous overlay of numerous streets in the northwest portion of the City, Job
0201. He is recommending a public
hearing be called to consider making the improvements for this project.
After
Council discussion, Councilor McPherson moved, Councilor Marin seconded, that
Resolution 02-17, calling a public hearing for February 25, 2002 to consider the
improvements proposed in Job 0201. 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 called.
(See
Secretary’s Original Resolution
02-17 included
with these minutes.)
RESOLUTION
02-18 ADOPTED – CALLING A HEARING FOR JOB 9925
City
Manager Sparks explained that the City Engineer had prepared a report for the
proposed improvement of the City’s downtown streets by street milling and
bituminous overlay (Job 9925). He
is recommending a public hearing be called to consider making of the
improvements for this project.
After
Council discussion, Councilor McPherson moved, Councilor Brooks seconded, that
Resolution 02-18, calling a public hearing for March 11, 2002 to consider the
improvements proposed in Job 9925. 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 called.
(See
Secretary’s Original Resolution
02-18 included
with these minutes.)
RESOLUTION
02-19 ADOPTED - AUTHORIZING DEMOLITION OF DILAPIDATED BUILDING
City
Manager Sparks explained that this resolution authorizes the demolition of the
dilapidated building at 106 South Ermina as authorized by written consent of the
property owner with costs assessed to the benefiting property.
Councilor
McPherson moved, Councilor Brooks seconded, that Resolution 02-19, authorizing
demolition of the dilapidated building at 106 South Ermina with costs assessed
to the benefiting 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
02-19 included
with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Third Ward, Councilor
Marin:
a) Thanked the young people for attendance at tonight’s
meeting.
ADJOURNMENT – 8:28 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, January 28, 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 January 15,
2002.
________________________
_____________________________
Secretary of the Council Mayor