Albert Lea, MN
February 23, 2004
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 Jean Eaton.
ROLL CALL
Present were Councilors Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Absent was Councilor Warren Amundson. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Public Works Director Steve Jahnke, Council Secretary Sandi Behrens and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.
The Pledge of Allegiance was recited.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF FEBRUARY 9, 2004.
(b) RESOLUTION 04-39 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-39 approves the Minnesota Lawful Gambling Permit Application of the Albert Lea Wrestling Boosters for operations at the Aragon Bar, 130 West College Street.
(See Secretary’s Original Resolution 04-39 included with these minutes.)
(c) SETTING DATE FOR BOARD OF REVIEW MEETING FOR MAY 13, 2004 AT 7 P.M. IN THE CITY CENTER COUNCIL CHAMBERS.
(d) RESOLUTION 04-40 ADOPTED – CLAIMS: Resolution 04-40 presents the financial claims of the City.
(See Secretary’s Original Resolution 04-40 included with these minutes.)
Councilor Marin moved, Councilor Brooks seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained. Mayor Eaton declared the motion carried and the consent agenda items adopted.
RESOLUTION 04-41 ADOPTED – AUTHORIZING SALE OF REAL ESTATE TO I-35 DEVELOPMENT COMPANY – PUBLIC HEARING
Mayor Eaton opened a public hearing for the sale of real estate to I-35 Development Company. The necessary notice for this hearing was published on February 13, 2004.
City Manager Sparks explained that this resolution authorizes the sale of real estate in Pointe A. L. Subdivision to I-35 Development Company at a purchase price of $71,577.25. The buyers have agreed to pay assessments on the property not to exceed $70,767 and agreed to convey a strip of land to the City for needed improvements. Mr. Sparks also provided the Council with a copy of a letter to Tom Leland and Al Larson of I-35 Development Company outlining the terms of the agreement and requested that the City Council include approval of this letter with any authorization to sell the real estate.
After Council discussion, Councilor Kron moved, Councilor Marin seconded, that Resolution 04-41, authorizing the sale of real estate to I-35 Development Company as outlined by the City Manager in his letter dated February 23, 2004, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.
(See Secretary’s Original Resolution 04-41 included with these minutes.)
RESOLUTION 04-42 ADOPTED – ADOPTING MISCELLANEOUS ASSESSMENTS ROLL 45 – PUBLIC HEARING
Mayor Eaton opened a public hearing to consider the adoption of Miscellaneous Assessments Roll 45. The necessary notice for this hearing was published on February 12, 2004.
There was no public discussion. Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-42, adopting Miscellaneous Assessments Roll 45, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.
(See Secretary’s Original Resolution 04-42 included with these minutes.)
RESOLUTION 04-43 ADOPTED – AUTHORIZING $2500 TO BIG ISLAND RENDEZVOUS
Scott Roemhildt of the Big Island Rendezvous & Festival Board of Directors appeared before the City Council to request $2500 for Education Days for scholarships and presenters and permission to shoot live round cannon by the New Ulm Battery.
After Council discussion, Councilor Fjelstad moved, Councilor Kron seconded, that Resolution 04-43, authorizing $2500 donation to the Big Island Rendezvous and permission to shoot live round cannon, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 04-43 included with these minutes.)
RESOLUTION 04-44 ADOPTED – ESTABLISHING A LAND USE PLAN FOR BAY OAKS 2ND ADDITION PLANNED DEVELOPMENT
City Manager Sparks reported that this resolution establishes the land use plan for Bay Oaks 2nd Addition Planned Development District to include single family homes on Lots 3-10, a choice of duplex or single family homes on Lots 1 and 2 with a maximum number of 10 dwellings within the subdivision.
Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-44, establishing the land use plan for Bay Oaks 2nd Addition, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-44 included with these minutes.)
RESOLUTION 04-45 ADOPTED – APPROVING PRELIMINARY AND FINAL PLAT OF BAY OAKS 2ND ADDITION
City Manager Sparks explained that this resolution approves the preliminary and final plat of Bay Oaks 2nd Addition with conditions identified by the Planning Commission.
Councilor Marin moved, Councilor Erdman seconded, that Resolution 04-45, approving the preliminary and final plat of Bay Oaks 2nd Addition, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution04-45 included with these minutes.)
REGULAR MEETING TIME CHANGED TO 7 P.M.
Councilor Erdman moved to change the time of the regular Council meetings from 7:30 p.m. to 7 p.m. Councilor Marin seconded the motion.
Mayor Eaton noted her preference that the motion be held over to the next meeting to permit public input. After Council discussion and on roll call vote, all Councilors voted in favor of the motion with the exception of Mayor Eaton who voted nay. Mayor Eaton declared the motion carried and the meeting time changed.
RESOLUTION 04-46 ADOPTED – AUTHORIZING PAYMENT TO RK CLEANING CORPORATION
City Manager Sparks commented that this resolution authorizes the payment of $10,000 to RK Cleaning Corporation for relocation expenses and a release of all claims. He noted that this payment was the negotiated figure arrived at with the tenant.
After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-46, authorizing payment of $10,000 to RK Cleaning Corporation for relocation expenses, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 04-46 included with these minutes.)
RESOLUTION 04-47 ADOPTED – FOR ORDERLY ANNEXATION OF GOOD SAMARITAN SOCIETY PARCEL
City Manager Sparks noted that the City had received a request for annexation of a 12 acre parcel of property adjacent to the existing Good Samaritan Center property in Bancroft Township. The Society intends to construct a 24 unit assisted living facility on that site this summer and wants to use City sewer and water.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-47, for orderly annexation of a 12 acre parcel of land owned by the Good Samaritan Society with Bancroft Township, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution04-47 included with these minutes.)
RESOLUTION 04-48 ADOPTED – AUTHORIZING REASSESSMENT OF LOT IN ALBERT LEA INDUSTRIAL PARK NORTH
City Manager Sparks explained that the City has received a request for reassessment of special assessments from the County Auditor’s Office for Lot 3, Block 3, Albert Lea Industrial Park North for property owned by Allan C. Larson. A portion of this lot has been sold necessitating the assessment division.
After Council discussion, Councilor Erdman moved, Councilor Fjelstad seconded, that Resolution 04-48, authorizing reassessment of Lot 3, Block 3, Albert Lea Industrial Park North, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 04-48 included with these minutes.)
RESOLUTION 04-49 ADOPTED – CLOSING TAX INCREMENT FINANCE DISTRICT 5-14
City Manager Sparks informed the Council that this resolution authorizes the closing of Tax Increment Finance District 5-14 for inactivity in the district. He reminded the Council that this was the property on Sykes Street provided for a potential industrial facility.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-49, closing Tax Increment Finance District 5-14, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-49 included with these minutes.)
RESOLUTION 04-50 ADOPTED – TERMINATING TAX INCREMENT COLLECTIONS FROM TAX INCREMENT FINANCE DISTRICT 5-4
City Manager Sparks noted that T.I.F. District 5-4 was created by the City Council in April 1993 and that all project costs have been paid from increments collected from taxes payable from 1995 through 2003 which permits the Council to cause decertification of the district.
After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-50, terminating collection of tax increments from Tax Increment Financing District 5-4, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 04-50 included with these minutes.)
RESOLUTION 04-51 ADOPTED – FOR CONTINUED PARTICIPATION IN THE SOUTH CENTRAL DRUG TASK FORCE JOINT POWERS AGREEMENT
City Manager Sparks explained that the City has participated in the South Central Drug Task Force since 1994 and can now authorize participation in the Joint Powers Agreement for an indefinite term.
After Council discussion, Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 04-51, authorizing participation in the South Central Drug Task Force Joint Powers Agreement, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary's Original Resolution 04-51 included with these minutes.)
UNLISTED ITEMS
MAYOR’S ITEMS
Mayor Eaton congratulated the Wastewater Treatment Plant employees for the award for outstanding operation maintenance.
Mayor Eaton thanked the Inspection Division for the successful 10th annual residential contractors’ seminar. She noted that they had over 130 attendees from Southern Minnesota.
Mayor Eaton congratulated the youth athletic participants and speech contestants noting that the youth in Albert Lea are doing so well.
WARD ITEMS
Second Ward, Councilor Erdman:
(1) Received a complaint about parking in the hospital area. Requested that a two-hour parking sign be installed near the handicap sign in 400 block of Park Avenue.
Third Ward, Councilor Marin:
(1) Asked when the house on Fourth Avenue South will be demolished. Rich Sydnes, Chief of Fire and Inspection, explained that the house was scheduled for demolition on February 19 but the contractor failed to turn in his EPA report in time. The demolition should occur either the end of this week or the beginning of next week.
Fourth Ward, Councilor Fjelstad:
(1) Asked what the rule is for parking near intersections. City Engineer Jahnke told Councilor Fjelstad that there is no rule that it is done on a case by case basis. Councilor Fjelstad asked that Mr. Jahnke look at the south side of Johnson at Bridge.
(2) Noted that he didn’t know what will go on the Farmland site but that the Council should consider some form of quality entertainment explaining that he had observed all of the people on the bridge watching the carp.
Fifth Ward, Councilor Kron:
(1) Noted that she had received a call from a resident at the North Broadway condos that the street lights are out on the west side of Broadway (far north end) and on the east side of Broadway (second from Fountain).
Sixth Ward, Councilor Brooks:
(1) Commented that there is still concern about the traffic signals on Southeast Broadway at Margaretha. City Engineer Jahnke explained that the Minnesota Department of Transportation is looking into it.
PUBLIC ITEMS
Don Sorensen, Secretary of the Shell Rock River Watershed Board, appeared before the City Council with regard to the recent fish kill in Albert Lea Lake. Mr. Sorensen read a request that the City participate in a Joint Powers Agreement with the Watershed Board and the County and in the cost of an engineer’s visit to Albert Lea. He explained that he has studied the methods to deter the carp population in Albert Lea Lake and has determined that a preliminary feasibility study for the installation of an electric weir is necessary. He has talked with Smith-Root Inc. of Vancouver, Washington regarding the recent fish kill in Albert Lea Lake and the company is suggesting a site visit by one of their experts to check out potential sites for an electric weir, do a preliminary feasibility study and provide a firm estimate of costs.
City Manager Sparks noted that the City would have to comply with State Statutes by advertising 21 days before a purchase of equipment. Mr. Sorensen told the Council that the company would be willing to do a lease-to-buy contract.
Ray Hangge, South Shore Drive, reported on the approach to reduce carp numbers in the lake and urged the Council to approve the cost sharing visit by Smith-Root.
Ken Nelson, 20681 794th Avenue, told the Council that he has watched the carp run in Jugland Dam and noted the capabilities of carp to get from the Shellrock River into Albert Lea Lake is astounding. Mr. Nelson stated that the electric weir sounds like it will work to limit carp in the lake but also asked the Council to consider what will be done with the carp once they have been stopped from entering the lake.
Paul Overgaard, 1728 Bay Oaks Drive, told the Council that the electric weir would stop the carp and benefit the lake but that it is important to take action soon.
After additional discussion, Councilor Fjelstad moved, Councilor Marin seconded, that Resolution 04-52, authorizing shared expenses upon agreement by the Watershed Board and the County to pay one-third of the cost ($1000) for the engineer’s visit estimated at $3000 with funds provided by the General Fund Lake Improvement Account.
(See Secretary's Original Resolution 04-52 included with these minutes.)
ADJOURNMENT – 8:50 P.M.
Councilor Marin 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, March 8, 2004. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.
Filed and attested February 24, 2004.
/S/ Sandi Behrens /S/ Jean Eaton
Secretary of the Council Mayor
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