Albert Lea, MN
February 9, 2004
Captain Bob Miles of the Salvation Army offered a prayer.
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 Warren Amundson, Randy Erdman, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Absent was Councilor George Marin. 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 JANUARY 26, 2004.
(b) RESOLUTION 04-28 ADOPTED – LAWFUL GAMBLING APPLICATION: Resolution 04-28 approves the Minnesota Lawful Gambling Permit Renewal Application for operations at the Union Center, 404 East Main Street.
(See Secretary’s Original Resolution 04-28 included with these minutes.)
(c) RESOLUTION 04-29 ADOPTED – APPROVING ADMINISTRATIVE SURVEY IN BOHL’S SUBDIVISION: Resolution 04-29 approves an administrative survey of Lots 1 and 2 in Bohl’s Subdivision.
(See Secretary’s Original Resolution04-29 included with these minutes.)
(d) RESOLUTION 04-30 ADOPTED – RELEASING STORM SEWER EASEMENT FOR FORMER WEST CLINIC PROPERTY: Resolution 04-30 authorizes the release of a storm sewer easement across the former West Clinic Property and accepts a new storm sewer easement from the Albert Lea Medical Center.
(See Secretary’s Original Resolution 04-30 included with these minutes.)
(e) RESOLUTION 04-31 ADOPTED - CLAIMS: Resolution 04-31 presents the financial claims of the City.
(See Secretary’s Original Resolutionn04-31 included with these minutes.)
Councilor Brooks moved, Councilor Amundsonseconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.
RESOLUTION 04-24 ADOPTED – ANNEXATION OF GOVERNMENT ACRES – PUBLIC HEARING
Mayor Eaton opened a public hearing for the annexation of Government Acres to determine zoning. The necessary notice for this hearing was published on February 2, 2004.
City Manager Sparks explained that three property owners in the Government Acres Addition have requested their properties in as planned development. Another individual has requested his property be zone planned development which raised questions as to how far the commercial zoning should be permitted to penetrate the residential neighborhood.
Dan Kenison, 21234 775th Avenue, requested a study be done for long term development of the area.
Gerd Eckhoff, 21317 775th Avenue, indicated his agreement with Mr. Kenison.
City Manager Sparks recommended the Council annex the area as residential and allow the rezoning application process to proceed through the Planning Commission. He explained that the Council doesn’t want to hold up the annexation which would delay the sewer and water project and that the owners of the property requesting planned development may make application for rezoning.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that the zoning for the Government Acres Subdivision be established as R-1. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.
(See Secretary’s Original Resolution 04-24 included with these minutes.)
AIRPORT ENVIRONMENTAL ASSESSMENT PRESENTATION – PUBLIC HEARING
Representatives of Mead & Hunt, the firm hired to do an environmental assessment of the Albert Lea Airport, presented its findings to the City Council on the environmental impacts for altering the airport runway location. The firm looked at construction of a new 5000 foot runway to permit larger aircraft to land at the airport. Plaza Street would need to be moved further north to permit the construction. The existing runway will become a taxiway. The impact to wetlands will be minor but mitigation will be required. Noise impacts will be reduced by runway relocation. Impacts reviewed to date are within federal and state requirements.
Mayor Eaton opened a public hearing to discuss the findings of Mead & Hunt.
Dan Kenison, 21234 775th Avenue, told the Council that Government Acres has an area that may qualify for wetland compensation. A Mead & Hunt representative asked Mr. Kenison to provide the information to the Public Works Director. It was noted that the comment period for the project would end on March 1 and that comment forms are available at City Hall for anyone wanting to make comment.
Ron Gabrielson, 2007 Wilby Circle, questioned the criteria for the expansion and daily landing features expected. A company representative responded that the criteria included the fact that insurance requirements prohibit corporate aircraft landings on the shorter runway and that the company studied aircraft performance charts and estimate 680 corporate aircraft landings per year with the new runway. Mr. Gabrielson then questioned the cost of the project and whether the Shellrock Watershed District had been contacted. The representatives noted that no permit application has been made and that the district would probably be contacted during the design/engineering phase. It was also noted that no one in county government had been contacted about this project.
With no further comment, Mayor Eaton closed the public hearing. No action was required on this presentation.
ORDINANCE 74, 3D ENACTED – VACATING LAKEVIEW CIRCLE – PUBLIC HEARING
Mayor Eaton opened a public hearing on Ordinance 74, 3d, the vacation of Lakeview Circle.
The necessary notice for this hearing was published on February 2, 2004. No one appeared to be heard.
On roll call vote, all Councilors voted in favor of Ordinance 74, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance 74, 3d included with these minutes.)
RESOLUTION 04-32 ADOPTED – APPROVING THE POINTE A.L. SUBDIVISION TWO PRELIMINARY AND FINAL PLAT
City Manager Sparks reported that part of the process of creating Pointe A. L. Subdivision Two is to vacate the easement along the current highway right-of-way so the portion of the right-of-way being transferred from the Minnesota Department of Transportation to the City can be combined with Lot 1, Block 2, Pointe A. L. Subdivision.
Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-32, approving the Pointe A. L. Subdivision Two preliminary and final plats, 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 04-32 included with these minutes.)
RESOLUTION 04-33 ADOPTED – AMENDING THE FIRST LUTHERAN CHURCH CONDITIONAL USE PERMIT
City Manager Sparks explained that this resolution amends the First Lutheran Church Conditional Use Permit to allow modification of the existing sign located at 301 West Clark Street.
Councilor Erdman moved, Councilor Kron seconded, that Resolution 04-33, amending the First Lutheran Church conditional use permit, 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 04-33 included with these minutes.)
RESOLUTION 04-34 ADOPTED – APPROVING PURCHASE OF A BACKHOE
City Manager Sparks commented that this resolution authorizes the Utilities Department to proceed with the purchase of a John Deere 410G from RDO Equipment Company under the State contract at a cost of $51,704.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 04-34, approving the purchase of a backhoe as outlined above, 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 04-34 included with these minutes.)
RESOLUTION 04-35 ADOPTED – AUTHORIZING FUND TRANSFER
City Manager Sparks requested the transfer of $30,000 from the General Fund Unappropriated Fund Balance to the Tax Increment Finance Bond Fund. He noted that the bond fund has insufficient funds to make the February payment and the transfer is necessary to bring the fund back to a positive balance.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-35, authorizing the transfer of $30,000 from the General Fund to the Tax Increment Finance Bond Fund, 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 04-35 included with these minutes.)
RESOLUTION 04-36 ADOPTED – APPROVING ALBERT LEA BUSINESS SUBSIDY PLAN
City Manager Sparks explained that this resolution approves the plan that defines how Albert Lea will provide business subsidies and what its requirements will be for those subsidies. The plan is being amended so that the City can handle the Jobs Opportunity Building Zone approvals. The intent is that the Port Authority will provide the administrative services for this purpose and make recommendations to the city Council for approval of JOBZ applications. He noted that Freeborn County has also approved the Port Authority for the same work at the County level.
After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that Resolution 04-36, approving the Albert Lea Business Subsidy Plan outlined by the City Manager, 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 04-36 included with these minutes.)
RESOLUTION 04-37 ADOPTED – AUTHORIZING THE ALBERT LEA PORT AUTHORITY TO ADMINISTER THE CITY ECONOMIC DEVELOPMENT REVOLVING FUND
City Manager Sparks informed the Council that this resolution authorizes the Port Authority to act on the City’s behalf in administering the Economic Development Revolving Fund. He noted that the approvals for the revolving fund would be handled by the Port Authority with recommendations to the City Council for approval. The assets will remain the property of the City and any administrative charges incurred by the Port Authority would require City Council approval.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-37, authorizing the Albert Lea Port Authority to administer the City’s Economic Development Revolving Fund, 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 04-37 included with these minutes.)
CODE ENFORCEMENT ON OLD HIGH SCHOOL PROPERTY DISCUSSED
City Manager Sparks explained that the City staff is requesting direction from the City Council with regard to the old high school property. A number of citizens have requested that the City look at stricter code enforcement on that property. Vandalism has become a problem.
Councilor Erdman noted that this building is a community problem and that the City must take steps to proceed with code enforcement under existing codes. This is the fourth year that the building has been empty and he has received many calls relating to this property.
City Attorney Schwab told the Council that State Statutes deal with dilapidated property and that this City has used these statutes on abandoned residential properties in addition to the Farmland property. We may be able to use these statutes on the old high school. Inspectors have been in the property in the past couple of weeks and found vandalism, mold, broken glass and a non-working sprinkler system. The City could take an order for removal to the courts for action. City Manager sparks noted that the school district may have residual responsibility for the property and that there may be others with some liability. Attorney Schwab requested Council direction whether a detailed inspection should be performed with the intent to use it in litigation.
After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that the City staff proceed with a detailed inspection of the old high school with the intent to litigate removal. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the inspection authorized.
RESOLUTION 04-38 ADOPTED – CALLING A HEARING ON ASSESSMENTS FOR JOB 0401
City Manager Sparks explained that the City Engineer has requested the Council call a public hearing to consider proposed assessments for Job 0401, Richway Drive reconstruction, Lakewood Avenue to Country Club Road. He noted that this project is a shared project with Freeborn County and that the County staff has completed the design work, cost estimating and specifications and will be advertising for bids, letting bids, administrating and inspecting the project. The total project cost is estimated at $133,687.50 with the City share estimated at $48,683.93 (36.4 percent) of the project costs.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-38, calling a hearing on assessments for Job 0401 for March 8, 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 called.
(See Secretary's Original Resolution 04-38 included with these minutes.)
ACCEPTING TERMS FOR CONTRACT WITH NEW CITY MANAGER
Mayor Eaton announced that the City Council has negotiated terms for a contract for employment with Victoria Simonsen. She explained that the City Council has met with the five candidates on Friday and Saturday of last week and that Ms. Simonsen had received unanimous support as the Council’s choice for the new city manager.
City Attorney Schwab noted that he had received the terms for the contract from our consultant, Jim Brimeyer, and that he was in the process of preparing a contract for Council approval.
Mayor Eaton read a communication from Councilor Marin in support of the contract with Ms. Simonsen and thanking the Mayor, Council and candidates for efforts put forth in this process.
Mayor Eaton announced that if the contract is accepted by the Council and Ms. Simonsen that she would begin her duties on April 5.
MAYOR’S ITEMS
Mayor Eaton reported that Albert Lea Remembers workshops will be conducted March 2 and 9 at 2 p.m.
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor Erdman:
(1) Requested staff look into an ordinance for an impact parking district.
(2) Noted that he is proud of the staff and citizens for the welcome provided to the candidates.
(3) He thanked Mike Woitas and his staff at the Country Inn and Suites for their hospitality to the candidates and congratulated them for the Outstanding Contribution to Minnesota Lodging Industry Award from the Minnesota Association of Innkeepers for the 2003 property of the year for hotels between 36 and 100 rooms.
PUBLIC ITEMS
Barb Beseman, 1607 Academy, as whether the Government Acres property was annexed as residential. City Manager Sparks replied it was. Ms. Beseman told the Council that residents were under the assumption that it would remain residential.
Bob Haukoos, 111 Fairview Drive, congratulated the City street crews on a tremendous job of snow removal from the last snowstorm.
Roger Bok, 1012 Cato Drive, told the Council that the snow is being pushed into the right-of-way on Main Street between William Street and past Dave Syverson Ford, that the crews pushed snow in the right-of-way on Hawthorne from Ulstad to the railroad tracks and has removed most of it but more needs to be removed and asked if the new city manager would be subject to the drug and alcohol testing policy.
ADJOURNMENT – 8:53 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, February 23, 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 10, 2004.
/S/ Sandi Behrens /S/ Jean Eaton
Secretary of the Council Mayor
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