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January 22, 2007
The regular meeting of the Albert Lea City Council was called to order at 7:00 p.m. in the City Center Council Chambers by Mayor Randy Erdman.
1. CALL TO ORDER AND ROLL CALL
Present were Mayor Randy Erdman, Councilors Vern Rasmussen Jr., Larry Baker, George Marin, Reid Olson, John Severtson and Al Brooks. Also present were City Manager Victoria Simonsen, City Attorney Steve Schwab, City Engineer Steven Jahnke, Council Secretary Shirley Slater-Schulte and representatives from the Albert Lea Tribune, and KATE Radio.
(a.) The Pledge of Allegiance was recited.
Swearing in ceremony: Police Lieutenant James Carlson was given the Oath of Office by City Clerk Slater‑Schulte.
2. CONSENT AGENDA
(*a) APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF JANUARY 08, 2006.
(*b) RESOLUTION 07-12 – APPROVING CLAIMS: Resolution 07-12 represents the financial claims of the City.
(See Secretary's Original Resolution 07-12 included with these minutes.)
(*c) APPROVAL OF LICENSES AND PERMITS:
Councilor Marin moved that the consent agenda items be adopted as presented, and seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed and the consent agenda items adopted.
3. PETITIONS-REQUESTS-COMMUNICATIONS
(a.) REQUEST FOR TIF ASSISTANCE – 301 S. BROADWAY, EHRHARDT BUILDING
City Manager Simonsen explained that the city received a request for consideration of Tax Increment Financing for property located at 400-412 Broadway, owned by E. Family C LLC, the Ehrhardt family. The Ehrhardt’s are planning to rehabilitate the building, which is currently located within TIF District 5. This motion would authorize the Ehrhardts to contract with Ed Tschida, Advance Resources, Inc., to conduct a feasibility study on this site at their expense.
Councilor Severtson moved to grant the request for the Ehrhardt Family to work with Mr. Ed Tschida, Advance Resources, Inc., to conduct a feasibility study for TIF on their site at their expense. This motion was seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
(b.) PRESENTATION OF ALBERT LEA PORT AUTHORITY ANNUAL REPORT
City Manager Simonsen explained that city code identifies that at least once annually the Port Authority shall be a principle item of business at a regularly scheduled council meeting, at which time members of the public may request information and make comments regarding the operations of the Authority. Mr. Paul Sparks, Executive Director, presented the annual report which is attached to these minutes. He stated that as of November 30, 2006, Greater Jobs, Inc. had a profit of $160,301. The Albert Lea Port Authority had a profit of $1,377,047. The JOBZ projects approved in Albert Lea surrounding area have created 492 jobs.
Mr. Roger Bok, 1012 Cato Drive, requested a copy of this report and stated that the report should be available for the public in attendance. Mr. Bok had questions of Mr. Sparks regarding the Port Authority, the budget, Larson Manufacturing’s site selection, and other items, which Mr. Sparks explained.
Mr. Theodore Paulson, 616 James Avenue, stated he thought the 492 jobs were great, and inquired about the process when a business such as JOBZ fails their business subsidy agreement? Mr. Sparks stated that the Port Authority reports these failures to the State of Minnesota. It is the responsibility of the State to terminate these contracts.
Councilor Severtson moved to accept the Annual Report for the Albert Lea Port Authority as presented by Mr. Paul Sparks. This motion was seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
(c.) PRESENTATION BY FREEBORN COUNTY FAMILY SERVICES COLLABORATIVE – 2006 ANNUAL REPORT
City Manager Simonsen explained that Ms. Alice Englin, Facilitator, Freeborn County Family Services Collaborative, requested the opportunity to present a brief summary and update to the City Council.
There was no one present from the Freeborn County Family Services Collaborative.
4. UNFINISHED BUSINESS
(a.) ORDINANCE 110, 3d - STORM WATER POLLUTION CONTROL (Second Reading)
City Manager Simonsen explained that this was the second reading of an Ordinance regarding storm water pollution control as mandated by the Minnesota Pollution Control Agency. The ordinance is necessary to meet the requirements of implementing a Storm Water Pollution Prevention Program (SWPPP) by February 15, 2007. As part of the Best Management Practices, an ordinance regarding construction site erosion and sediment control is required to be adopted by the municipality.
This ordinance outlines the responsibilities for erosion and sediment control within construction sites. Differing standards are required for sites less than one acre and greater than one acre. The ordinance also outlines the permitting process, as well as the enforcement of the ordinance by the city’s inspection department. The fine for violating the ordinance would be considered a misdemeanor with a maximum fine of $1,000 for each offense and may include an assessment to the property if the City is required to correct the violation.
Mayor Erdman asked for public comment and there was no one that spoke to this issue.
Proposed Ordinance 110,3d was introduced by Councilor Brooks, seconded by Councilor Severtson. On roll call vote, the following councilors voted in favor of said Ordinance: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared Ordinance 110,3d passed.
This was the second reading of the ordinance.
(See Secretary's Original Ordinance 110,3d included with these minutes.)
(b.) ORDINANCE 111, 3d – NOISE ORDINANCE (Second Reading)
City Manager Simonsen explained that this was the second reading of an ordinance amending Chapter 38 of the City Code. This amendment would prohibit more than 15 seconds of interrupted or continual sounding of any device on a motor vehicle except as a danger warning. The ordinance identifies that amplified sound from a motor vehicle that is audible from a distance of 50 feet or five motor vehicle lengths is in violation of the noise ordinance. The driver of the vehicle, the owner, or another person assisting can be held responsible for violation of the ordinance. Violations may result in a petty misdemeanor.
Mayor Erdman asked for public comment and the following spoke to this issue:
A resident from Alden, MN asked questions regarding this proposed noise ordinance as to motorcycles, whether a decibel meter would be used by the officers.
Mr. John Lamphier, 681 Meadow Lane, inquired about the cost of the fine.
City Attorney Steve Schwab explained that this could be charged as a petty misdemeanor and the fine could be $72.00 to $300.00. He also explained that it was intended to control loud music.
Ordinance 111,3d was introduced by Councilor Marin, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said Ordinance: Councilors Rasmussen, Baker, Marin, Olson, Severtson, and Mayor Erdman. Councilor Brooks voted nay. Mayor Erdman declared Ordinance 111, 3d passed.
This was the second reading of the ordinance.
(See Secretary's Original Ordinance 111,3d included with these minutes.)
(c.) DEVELOPERS REQUEST FOR FINANCING – WEDGEWOOD COVE SUBDIVISION
City Manager Simonsen explained that at the December 26, 2006 Council meeting, the City Council voted to lay this matter over for two weeks until the City Council and City Staff had time to review the request for financing assistance for Wedgewood Cove Development. Since that time, staff has met with developers and has identified a phased plan for the development costs. The developers are now requesting $1,536,257 of construction costs be financed through the city’s bonding capacity. The amount would be assessed to the properties over a 10‑year period. Improvements to the existing portion of West 9th Street total $183,386 and would be financed by the City and assessed to adjacent property owners. The installation of the trunk sewer and watermain to west of the subdivision totals $187,157 which the City is asked to finance through its capital improvement fund. The cost of street improvements, curb, gutter and sidewalks would occur in Phase II, with the financing outlined within a development agreement. Future bonding may or may not be requested.
Councilor Marin moved to deny this request, seconded by Councilor Severtson.
Councilor Brooks stated that he has met with the developers several times and he stated that he thought their plan was good and he would not be voting no on this proposal. He suggested that the developers be willing to pay for a risk analysis on this proposal.
Councilor Severtson stated that he had received several telephone calls and none were in favor of the city financing this proposal.
Councilor Marin stated that he also had received several telephone calls and after explaining the proposal, none were in favor of the city financing this proposal.
Councilor Baker stated that he feels this is a good project and good for the City of Albert Lea. He stated that he does not feel the timing is right and he has received a lot of calls regarding this proposal, some for and some not. He suggested that a risk analysis should be completed.
Councilor Rasmussen stated that we would be using public funds and recommends that a risk analysis study be completed.
Mayor Erdman gave a five minute time allotment for the developers to comment on the concerns stated above.
Mr. Hugh O’Bryne and Mr. Clayton Peterson, the developers for this proposed project, addressed the risk issue and gave reasons why this would be good for the City of Albert Lea. Mr. O’Bryne stated that a feasibility study has been completed by the Golf Association and has been available for the members to review. They reviewed the number of lots available within the city and stated that this project should go forward. Mr. Peterson stated that the risk for the city would be approximately $10,000.00 per lot.
On roll call vote, the following councilors voted in favor of said motion: Councilor Marin and Severtson. The following Councilors voted nay: Rasmussen, Baker, Olson, Brooks and Mayor Erdman. Mayor Erdman declared the motion failed.
Councilor Brooks move to request the developers to complete a risk analysis on this project, seconded by Councilor Rasmussen. On roll call vote the following voted aye: Councilors Olson, Severtson, Brooks and Mayor Erdman. Those voting nay were as follows: Councilors Rasmussen, Baker and Marin. Mayor Erdman declared the motion passed.
5. NEW BUSINESS
(a.) PUBLIC HEARING – RESOLUTION 07-13 - AUTHORIZING A SMALL CITIES DEVELOPMENT PROGRAM APPLICATION – HRA
City Manager Victoria Simonsen explained that the Albert Lea Housing Redevelopment Authority requested the City Council to conduct a public hearing to receive input regarding the submission of an application to the Department of Employment and Economic Development.
Mr. Jon Ford, Executive Director, HRA of Albert Lea and Mr. Wayne Stenberg, Community Development Director of Semcac gave a brief presentation regarding the partnership of both agencies in applying for a Small Cities Grant for owner occupied rehabilitation loan program for single family households at or below 80% of Area Median Income for Albert Lea/Freeborn County.
Mayor Erdman opened the public hearing and asked for public input. No one came forward. Mayor Erdman closed the public hearing.
Resolution 07-13 was introduced by Councilor Severtson, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-13 included with these minutes)
(b.) RESOLUTION 07-14 - APPROVING 8TH AVENUE STORM SEWER PUMP STATION UPGRADE AND FORCEMAIN (JOB 0519)
City Manager Simonsen explained that in January 2006, Zenk, Read, Trygstad & Associates, Inc. was selected as the consultant to perform a study of the 8th Avenue storm sewer drainage area. The findings of that study have been completed and submitted to the City for review and recommendation. ZRT has determined that the existing lift station (in general) handles three, five and ten year, one hour storm events without major ponding or flooding within the drainage area. They concluded that the existing lift station is approximately 50 years old and has served the City well.
They recommend that the 8th Avenue pumping station be replaced with a new pumping station and force main. The pumps should be enlarged to accommodate the current capacity of the storm sewer pipes. A short 8 inch line should be replaced with a 15 inch line in the backyard area between 6th Avenue and north 7th Avenue. Sewer line sizing should be considered as reconstruction of areas occur. The City should continue to work on inflow and infiltration issues to remove sources of clean water from entering the sanitary sewer system. The 18 inch storm line which handles flow from Pickerel Creek should either have a manual valve or be removed. Existing pond areas within the drainage area need to be retained and maintained in order to minimize flooding in other areas of the system, and lastly, the City must continue to routinely inspect and clean the storm sewer and sanitary sewer systems.
Zenk, Read, Trygstad have estimated the cost of constructing a new lift station and force main to be $592,500 and the engineering and construction over site to be approximately $32,000. The City received bonding funds in 2006 to pay for 50% of the cost of the work needed to address this issue.
This resolution would authorize ZRT to move forward with the above recommendations and to prepare the plans and specifications and limited construction over site services for this project to move forward as soon as possible. The construction of the new pump station would occur in the summer and fall of 2007.
Resolution 07-14 was introduced by Councilor Baker, seconded by Councilor Severtson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-14 included with these minutes)
(c.) RESOLUTION 07-15 – APPROVING PRELIMINARY ENGINEERING SERVICES CONSUL STREET (JOB 0606)
City Manager Simonsen explained that this resolution would authorize the approval of preliminary engineering services to be obtained from Jones, Haugh & Smith, Inc. for the design and oversight for the construction of turn lanes on East Main Street and Consul Street from Main Street to the existing Consul Street. The project would not be awarded until Flying J formally indicates they are moving forward with their project in Albert Lea. They are requesting that Jones, Haugh & Smith perform the design of the roadway system and incorporate all of the work under one contract. Jones, Haugh & Smith has provided a cost of $105,000 to prepare the plans and specifications and to provide construction oversight. The project is estimated at approximately $2 million. The design and construction oversight represent approximately 5% of project costs. The majority of the cost will be assessed back to the adjacent landowners as outlined in the developer’s agreement.
Resolution 07-15 was introduced by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-15 included with these minutes)
(d.) RESOLUTION 07-16 - AMENDING CONVENTION & VISITORS BUREAU AGREEMENT
City Manager Simonsen explained that the City of Albert Lea and the Convention & Visitors Bureau entered into an agreement on October 26, 2004 for services funded by the lodging tax. Due to an increase in lodging tax collected in 2006, the agreement should be modified to increase the monthly payment to the Convention & Visitors Bureau from $12,000 per month to $13,000 per month. If excess revenue is collected by the City, it will be held for future deficits or special projects. The CVB will submit a written request for any excess funds they may require. The City does retain 5% of lodging tax revenue to administer the tax.
Resolution 07-16 was introduced by Councilor Marin, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-16 included with these minutes)
(e.) RESOLUTION 07-17 - AMENDING CONDITIONAL USE PERMIT – CROSSROADS CHURCH
City Manager Simonsen explained that on January 16, 2007, the Planning Commission held a public hearing to consider a request from Crossroads Church to amend its conditional use permit to allow for expansion of the church. The Planning Commission did recommend approval of the request to allow the addition in a Phase II building expansion subject to the following conditions:
Resolution 07-17 was introduced by Councilor Marin, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-17 included with these minutes)
(f.) RESOLUTION 07-18 - AUTHORIZING PARTICIPATION IN REGIONAL PROJECT - KSMQ
City Manager Simonsen explained that this resolution would authorize the City of Albert Lea to be involved in a Regional Project with KSMQ for programming called “Cities on the Move: Albert Lea in Focus”. The programming involves twelve, thirty minute programs focusing on Albert Lea people, places and events. Stephanie Passingham has been hired to produce the series. An advisory team will be formed of local citizens to give input and keep the programming focused on matters important to the area. The City’s cost for participation in this one-year regional project is $25,000.
Resolution 07-18 was introduced by Councilor Severtson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-18 included with these minutes)
(g.) RESOLUTION 07-19 - AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH DIMA CORPORATION
City Manager Simonsen explained that the City received notice of a lawsuit being filed in Federal Court by DiMa Corporation regarding the City’s temporary sign ordinance. In November 2006, a ticket was issued by the inspection department for the large temporary sign that was used for advertising on Main Street. Because the City has not been consistent in our enforcement of the usage of temporary signs in the City, we are asking the lawsuit to be settled. The payment to resolve this matter is attorney fees and not for actual damages. In Federal Court, a party may recover attorney fees. City staff feels it is prudent to settle this lawsuit for a relatively small amount rather than litigate the matter and be subject to larger attorney fee awards. The temporary sign issue is one that needs to be addressed by the City Council at the upcoming retreat to determine whether the City wants to license and regulate signs or if the ordinance should be deleted. No further tickets will be issued until a course of action can be determined.
Resolution 07-19 was introduced by Councilor Marin, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-19 included with these minutes)
(h.) RESOLUTION 07-20 - AUTHORIZING ORDER FOR REMOVAL – 115 E. FOURTH STREET
City Manager Simonsen explained that this resolution would authorize the Order for Removal of the dilapidated structure at 115 E. Fourth Street. The property is owned by Jeffrey Jax and Lauri Lindschmidt. The property was placarded in 1999 and has had continual issues since that time. A building permit was issued in November of 2005 for the replacement of siding, windows and roof of the single family dwelling. However, the project has not been completed and hazards continue to exist. This order would authorize that all personal property and/or fixtures be removed and the building razed and removed within 45 days of the service of this order.
Mr. Jeffrey Jax, owner of the home was present and requested that the City Council grant an extension of 45-60 days to complete the siding and repair of the home. He stated that he had completed putting on a new roof and had started siding the outside of the home. According to Mr. Jax, the roof was inspected and passed that inspection about 90 days ago and the structure is very sound.
Fire Chief Stieler came forward and gave information on the building permit, when the house was first placarded in 1999, and confirmed that the ceiling on the first floor has mold. He stated that the project is moving along very slow and there is a lot of work to do on this residence. He confirmed that the house was unhabitable.
Resolution 07-20 was introduced by Councilor Marin, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07-20 included with these minutes)
(i.) RESOLUTION 07-21 - LIMITING PARKING – MASSEE STREET
City Manager Simonsen explained that residents of Massee Street have been requesting no parking signs to be installed on one side of the street from Oakhurst Road to the west end. This section of roadway is very narrow and ranges from 14 feet to 16 feet in width. This width is too narrow for two vehicles to park across from one another and still have a vehicle able to pass. The narrow roadway width does present a potential hazard if there were an emergency and police, fire or ambulance needed to get to the west end of this block. City engineering is recommending placing no parking signs on the north side of Massee Street from Oakhurst Road to the west end.
Resolution 07-21 was introduced by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed.
(See Secretary’s Original Resolution 07- 21 included with these minutes)
6. MAYOR AND COUNCIL ITEMS
(a.) MAYOR APPOINTMENTS TO BOARDS & COMMISSIONS
Mayor Erdman made the following appointments:
Park & Recreation Advisory Board: Tim Engstrom, 1210 W. Fountain St, Albert Lea, MN, term expiring on 12/31/09.
Human Rights Advisory Board: Pat Corrigan, 814 Frank Hall Dr., Albert Lea, MN, term expiring on 12/31/09.
Councilor Marin moved to approve the Mayor’s appointments to the Park & Recreation Advisory Board and Human Rights Advisory Board, seconded by Councilor Severtson. On roll call vote, the following councilors voted in favor of said motion: Councilors Rasmussen, Baker, Marin, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
(b.) MAYOR’S APPOINTMENT TO COMPREHENSIVE PLAN STEERING COMMITTEE - (Removed from Agenda)
(c.) MAYOR/WARD AND COMMITTEE UPDATES
First Ward, Councilor Rasmussen:
Second Ward, Councilor Baker:
Third Ward, Councilor Marin:
Fourth Ward, Councilor Olson:
Fifth Ward, Councilor Severtson:
Sixth Ward, Councilor Brooks: · No ward items. Mayor Erdman:
(d.) CITY MANAGER’S RESPONSE TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
PUBLIC ITEMS:
Mr. Roger Bok, 1012 Cato Drive, stated the following:
Ms. Susan Crane, Representing the Albert Lea Art Center, stated the following: · Excited about the focus of the city on downtown revitalization. She stated that they believe the time is right for that, does not know if the Golf Course idea fits in with that, but it has been very informative tonight. · The Historic District has a rich history and the businesses in this economy need a lot of help to make this thing come together. Hoping that there will be other avenues besides the loan program, maybe matching funds, etc. · Arts and Art Center Building, in particular, because of its position and because of it being built in 1916 for a famous opera singer and just for all of the wonderful things that it has done for the community should maybe be a part of the whole downtown revitalization. Is committed to putting her efforts and resources behind this project.
Mr. Manuel Cantu Jr., 113 McArthur Drive, stated the following:
8. ADJOURNMENT – 9:18 p.m.
Councilor Brooks moved and Councilor Marin seconded, that there being no further business, the council meeting be adjourned at 9:18 p.m., until the next regular meeting of the Albert Lea City Council on Monday, February 12, 2007. On roll call vote, all councilors voted in favor of said motion. Mayor Erdman declared the motion passed and the meeting adjourned.
Filed and attested January, 23, 2007.
/s/ /s/ Secretary of the Council Mayor Randy Erdman |
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