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April 23, 2007 The April 23, 2007 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 CALLPresent were Mayor Randy Erdman, Councilors Vern Rasmussen, 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. Pledge of Allegiance was recited. Mayor Erdman and City Council recognized Mr. Lowell Olson for the beautiful wooden plaque which he presented to the City Council in honor of the Sesquicentennial. Mr. Olson stated that he is very impressed with everything that is going on in this community. Mr. Olson is also a member of the HRA Board. Mayor Erdman thanked the students of St. Theodore’s School, Grade 6, for picking up the garbage along the Fountain Lake shoreline. 2. CONSENT AGENDA *a. APPROVAL OF THE MINUTES FROM THE JOINT INFORMATIONAL ANNEXATION MEETING AND REGULAR COUNCIL MEETING OF APRIL 9th, 2007. *b. RESOLUTION 07-60 - APPROVING CLAIMS: Resolution 07-60 represents the financial claims of the City. (See Secretary's Original Resolution 07-60 included with these minutes.) *c. APPROVAL OF LICENSES AND PERMITS: *d. RESOLUTION 07-61 - APPROVING LAWFUL GAMBLING APPLICATION FOR UNION CENTER (See Secretary's Original Resolution 07-61 included with these minutes.) *e. APPROVAL TO CHANGE SIGNAGE – PARK AVENUE. *g. RESOLUTION 07-62 – DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERT LEA TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (See Secretary's Original Resolution 07-62 included with these minutes.) *h. ACCEPT PETITION AND REFER PUBLIC EASEMENT AND VACATION TO THE PLANNING COMMISSION - VACATION OF NORTHEASTERLY – SOUTHWESTERLY ALLEY BETWEEN SHELL ROCK AND KATHERINE STREETS IN BRIDGE ADDITION – CITY OF ALBERT LEA, STATE OF MINNESOTA Councilor Marin moved that the consent agenda items be adopted as presented, and 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. 3. PETITIONS-REQUESTS-COMMUNICATIONS a. REQUEST FROM CHAMBER OF COMMERCE FOR APPROVAL OF JULY 3rd & JULY 4TH ACTIVITIES City Manager Simonsen explained that the City Council had received a request from the Chamber of Commerce for approval of events associated with July 3rd & July 4th activities in our community. The Chamber is requesting a parade permit be granted for Tuesday, July 3rd on or about 6:00 p.m. for a route assembling at the Freeborn County Fairgrounds proceeding south on Bridge Avenue to Fountain Street, west on Fountain Street to St. Mary’s, south on St. Mary’s to Central Park. The Chamber is further requesting approval for a fireworks display on the evening of July 4th and any city staff associated with these activities that will assist in public safety. City staff has reviewed the request and are supportive of the activities. MOTION: Move to grant the request from the Chamber of Commerce for the July 3rd & 4th activities. Motion was introduced by Councilor Marin, seconded by Councilor Brooks. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. b. REQUEST FOR DOWNTOWN CLEANUP ACTIVITIES – DESTINATION ALBERT LEA, MAY 19, 2007 City Manager Simonsen explained that the Destination Albert Lea is requesting the assistance from the City on hosting a downtown cleanup day on Saturday, May 19th from approximately 8:00 a.m. until 1:00 p.m. The group will be coordinating volunteers to conduct cleanup activities and would like to request the closing of the south side of Williams Street for staging of materials, use of the Freeborn Bank building main floor for hosting a luncheon and placement of picnic tables. City staff has reviewed the request and is supportive of the activities. MOTION: Move to grant this request from Destination Albert Lea for downtown cleanup activities on May 19, 2007. Motion was introduced by Councilor Severtson, seconded by Councilor Rasmussen. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. (ITEM MOVED FROM 5c.) Mr. Ryan Nolander, Business Development Director of the Albert Lea Economic Development Agency explained that this resolution would authorize a Job Opportunity Building Zone boundary modification for acreage that was not among those requested in the Positively Southern Minnesota Corridor JOBZ application. The modification would be accomplished via an acreage swap of 13.56 acres from Sub-Zone 9-E and 66.629 acres from Sub-Zone 9-G to be transferred to a parcel of land known as the Hartman property (and now owned by ALEDA) consisting of 80.26± acres to be identified as Sub‑Zone 9-U. The area is designated as an Interstate Development District and has full municipal services, public street access and gas and electric utilities adjacent to the property. The property is intended for industrial use. Resolution 07-64 was introduced by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-64 included with these minutes) c. REQUEST FOR APPROVAL OF MEMORIAL DAY PARADE ROUTE – VFW POST #447 City Manager Simonsen explained that the VFW Post #447 requested permission to have a parade on Memorial Day, May 28, 2007. The parade would start at 10:00 a.m. at the parking lot on St. Mary’s Avenue and travel east on Fountain to Broadway, turning south on Broadway to Clark Street, moving west on Clark Street to West Avenue, north on West Avenue to Water Street and east back to the parking lot. City staff has reviewed the parade request and is in support of the event. MOTION: Move to grant this request for the parade on Memorial Day. Motion was introduced by Councilor Severtson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. d. REQUEST FOR DEFERMENT OF SPECIAL ASSESSMENT – 12339 – 775th AVENUE City Manager Simonsen explained that the City has received an application for deferment of special assessments from Nancy J. Schwarz, 12339 – 775th Avenue, for assessments related to Job 9905. Ms. Schwarz was assessed $12,400 for the water and sewer extension to Government Acres. She has now received her property tax bill from the County and states that she cannot afford the assessment. According to the city’s assessment policy, property owners have 30 days from the date of adoption of the assessments. The assessments were adopted on August 14, 2006 to request the deferral. Ms. Schwarz indicates that she is over 65 years of age, disabled and unable to pay the assessment. She has completed an application for deferment of the special assessment. The application has been provided to the City Council. The City’s assessment policy outlines that the assessment plus interest will become due upon the occurrence of any of the following events:
MOTION: Move to approve this request for the deferment of this special assessment per the conditions with the interest would being due and payable by October 15th of each year. Motion was introduced by Councilor Severtson, seconded by Councilor Marin. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. e. REQUEST FROM KIWANIS FOR BASKETBALL COURTS City Manager Simonsen explained that the Albert Lea Noon Kiwanis, in conjunction with other Kiwanis clubs, is asking for City Council permission to begin fundraising to pay for the conversion of three of the six tennis courts located near the aquatic center in to basketball courts. At the April 16th, 2007 Park & Recreation Board meeting, the board voted unanimously to recommend that this project be allowed to proceed. Staff has reviewed the request and agrees with moving forward with this project. MOTION: Move to approve this request as stated above. Motion was introduced by Councilor Olson, seconded by Councilor Severtson. After some discussion, the motion and second were withdrawn. Mr. David Karge, 702 Frank Avenue, stated that he is opposed to changing these courts over to basketball courts. He stated that he has lived in this area since 1979 and there were only three courts there and the lines of kids and adults that had to wait for the courts. He counted 29 basketball hoops in town at 16 different locations. This is the only set of courts owned by the City of Albert Lea. Discussion from the Council included items such as when there are projects such as this can we get input from the residents prior to this being placed on the agenda. Was this in our long range plan for park & recreation program? Are there some other projects that we should be looking at? Questions were asked whether the public is aware that they can use the courts at the high school. Miss Naomi Holt, 421 Ridge Road, and Miss Kirsten Staloch, 71767 154th Street, stated that they are in favor of the lighted tennis courts. The high school courts are not lighted at this time. MOTION: Move to table this matter until the next meeting on May 14, 2007. Motion was introduced by Councilor Olson, seconded by Councilor Baker. On roll call vote the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. 4. UNFINISHED BUSINESS a. FOLLOWUP TO 117 W. COLLEGE STREET – JUDY MCKINNON City Manager Simonsen explained that at the April 9, 2007 City Council meeting, the City Council tabled the discussion regarding the demolition of the building located at 117 W. College Street. The owner of the building, Ms. Judy McKinnon, requested an extension due to a third party having interest in purchasing and restoring the building. However, no plan has been submitted to salvage the building. City Attorney Steve Schwab explained the four options of this property:
Mayor Erdman was contacted by Mr. Greg Raines, who was somewhat interested in proposing a plan for this building and he was unable to attend this meeting. Mr. Roger Bok, 1012 Cato Drive, asked if this building would come under the Historic District and should this be discussed with the preservation group first? City Manager Victoria Simonsen stated that she did address this issue with the Historic Society and they indicated that if this building is an eminent danger that we could forego their process. Since the building has been shored, we may have to notify them again. The City Council did authorize the staff to have the building shored and assess it to the property. Ms. Judy McKinnon, owner of the building, 520 Grace Street, stated that she wishes that she had some warning of this. She stated that she took out a permit in 1996 and had the building inspected at that time. She stated that she did not think that she should be held responsible since she had to take it back. Ms. McKinnon stated that she has been working with Mr. Greg Raines and she thought that he would have a plan in place by tonight. She requested another meeting to discuss her options. Chief Paul Stieler came forward and explained that the building has had a placard since December, 2006, but there have been orders against this building for several years. Mr. Manuel Cantu Jr., 113 McArthur Drive, stated that the city should be fair into which buildings we are saving through the historic sites. The owner should be given a chance to correct this situation. MOTION: Move to reject the authorization order that Ms. McKinnon signed and authorize the City Attorney to draft an Order for Removal for next council agenda and that order will provide for collection of demolition. (Option 4) Motion was introduced by Councilor Brooks, seconded by Councilor Rasmussen. On roll call the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. 5. NEW BUSINESS a. RESOLUTION 07-64 – PUBLIC HEARING AND RESOLUTION AUTHORIZING MODIFICATION OF TIF DISTRICT 5-15 City Manager Simonsen explained that the City is proposing to modify the original budget for TIF 5-15 Broadway Ridge Redevelopment District. At the time the plan was originally prepared, specific projects were not identified. Since that time, the Lofts at Lea Center, Freeborn Bank, and Jacobson building renovations have taken place. There is also a proposed redevelopment project for the building located at 404 Broadway Avenue South. Minnesota Statute requires that a public hearing be held on the proposed modification as well as adoption of a new budget and redevelopment plan. City Manager Simonsen reviewed the proposed modifications of the tax increment district and discussed the tax increment financing plan. Public Hearing for this project was opened by Mayor Erdman. Mayor Erdman called three times for public input and no one came forward and spoke to this issue. Mayor Erdman closed the public hearing. Resolution 07-65 was introduced by Councilor Brooks, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-65 included with these minutes) b. RESOLUTION 07-65 – APPROVING TIF DISTRICT 5-15 DEVELOPMENT AGREEMENT – E. FAMILY C., LLC City Manager Simonsen explained that this resolution would authorize entering into a development agreement with E. Family C., LLC with ownership of property at 404 Broadway Avenue South, part of TIF District 5-15. In order to achieve the objectives of the redevelopment project the City would assist the financing of redevelopment costs on the property as set forth within the agreement. The owners are proposing to renovate approximately 10,806 sq. ft. of the building located at 404 South Broadway. The project will result in property redevelopment and the preservation of the City’s tax base. The developer has represented that without the City’s assistance, it would not proceed with the project. The project is anticipated to generate nearly $98,000 of tax increment over the next 15 years, to be paid back annually to the corporation. City staff has reviewed the redevelopment project in conjunction with the City’s consultant and support the use of tax increment financing for this project. Resolution 07-66 was introduced by Councilor Rasmussen, seconded by Councilor Severtson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-66 included with these minutes) d. RESOLUTION 07-66 – APPROVING AMENDMENT TO FIRE TRUCK AGREEMENT WITH TOWNSHIP City Manager Simonsen explained that in 1994 the City Council authorized an agreement with the Albert Lea Township for the joint purchase of a fire pumper truck. The agreement included the purchase arrangement and a ten-year term for the contract which is about to expire. City staff is proposing an addendum to the agreement for a second ten-year term with a revised payment schedule. Resolution 07-67 was introduced by Councilor Severtson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-67 included with these minutes) e. RESOLUTION 07-67 – APPROVING REGISTERED LAND SURVEY NO. 13 – RED CROSS PROPERTY, 1608 FOUNTAIN STREET City Manager Simonsen explained that a legal description and survey was prepared by Jones, Haugh & Smith in March 2007 identifying the boundaries of the current Red Cross property located at 1608 Fountain Street from the tract of land owned by the Albert Lea Medical Center. This resolution would approve Registered Land Survey No. 13 which would divide Tract A of Registered Land Survey No. 9 into two parcels designated as Tract A & Tract B. Resolution 07-68 was introduced by Councilor Brooks, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-68 included with these minutes) f. RESOLUTION 07-68 – APPROVING ADMINISTRATIVE SURVEY OF LOTS OF RECORD – ROBERT & JOLENE ADAMS City Manager Simonsen explained that this resolution would approve the legal description and survey as prepared by Anderson Land Surveying, Cambridge, MN for Robert & Jolene Adams. The administrative survey of Lots of Record are located on East Main Street, within the B-2 Community Business District. The purpose of the survey is to combine three parcels owned by the Adams into Tract 1 & Tract 2. Both tracts have vacant buildings on them. The proposed use for Tract 1 is to remove the existing building and construct a new building for a business expanding in Albert Lea. Resolution 07-69 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, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-69 included with these minutes)
g. RESOLUTION 07-69 – DECLARING EXCESS AND ABANDONED PROPERTY AND AUTHORIZING CITY AUCTION City Manager Simonsen explained that this resolution would declare the items listed within the resolution as excess and/or abandoned. The resolution would authorize the sale of this property at a public auction to be held on May 30th, 2007 at 5:30 p.m. at the south end of Frank Hall Park. Resolution 07-70 was introduced by Councilor Marin, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-70 included with these minutes) h. RESOLUTION 07-70 – RENAMING OF MILROSE TO HI TEC AVENUE City Manager Simonsen explained that in 1994, Milrose Avenue from Airport Road to Sykes Street was renamed Hi Tec Avenue. Milrose from Airport Road south to Pilot Street was not renamed at the time because it was not yet constructed. City staff is recommending renaming Milrose Avenue as Hi Tec Avenue. There is currently a Milrose Circle near the City Arena and renaming the streets may prevent confusing these two roadways. Resolution 07-71 was introduced by Councilor Rasmussen, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-71 included with these minutes) i. RESOLUTION 07-71 – ACCEPTING FEASIBILITY REPORT – JOB 0313 PEARL STREET & ELIZABETH City Manager Simonsen explained that this resolution would accept the feasibility report for Job 0313 involving the sanitary sewer lift station, watermain replacement and street reconstruction of Pearl Street and Elizabeth Avenue. The project involves the relocation and replacement of the Pearl Street lift station to with a submersible pump type lift station. The project also involves replacement of the watermain, curb and gutter and bituminous pavement on Elizabeth Avenue and Pearl Street. The estimated cost of the project is $313,606.96 with 10.6% assessable, 47.9% being city cost and 41.5% being covered by state bonding funds awarded in 2005. A public improvement hearing shall be held on May 29th, 2007 in the City Council Chambers at 7:00 p.m. Resolution 07-72 was introduced by Councilor Severtson, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-72 included with these minutes) MOTION: Move to authorize the City Manager to move forward with discussions to vacate Pearl Street with Alliant Energy. Motion was introduced by Councilor Severtson, seconded by Councilor Marin. On roll call the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed j. RESOLUTION 07-72 - AMENDING FEASIBILITY REPORT – JOB 0630 AMELIA PLACE, AMELIA AVENUE, HOFFMAN AVENUE, OREGON STREET AND HERSHEY STREET City Manager Simonsen explained that this resolution would amend the feasibility report for Job 0630 regarding the reconstruction of Amelia Avenue, Amelia Place, Hoffman Avenue, Oregon Street and Hershey Street from YH Hanson to the east end. At the April 9th City Council meeting the City Council held a public hearing regarding the reconstruction of these roadways. Since that time a neighborhood meeting was held to discuss the project with property owners. The total estimated cost of the project was $389,436 with 85% of the project being assessable to property owners. The individual assessments for the properties were inordinately high due to the need to install storm water improvements that currently did not exist. City staff are requesting that the expense associated with the storm water improvements be treated as existing facilities, and, therefore, become the city’s cost. Furthermore, residents of Hoffman Avenue and Oregon Street chose to take a less costly option in regard to replacement of sidewalk and improving drainage. Therefore, the total estimated cost of the project is reduced to $309,150 with the assessable portion being 76% and the city cost being allocated as 24% of the total project. City staff is requesting the amended feasibility report be adopted by City Council with a public improvement hearing being held on May 14th, 2007 at 7:00 p.m. in City Council Chambers. Resolution 07-73 was introduced by Councilor Marin, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-73 included with these minutes) k. RESOLUTION 07-73 – APPROVING CONCESSION AND FUELING ON FOUNTAIN LAKE City Manager Simonsen explained that this resolution would authorize the Mayor and City Manager to enter into an agreement with Ramona Anderson and Steven Selleck, individually and d/b/a Gem Coast, to provide concession and boat fueling services on city-owned property. The City advertised for proposals to provide the service from April 15th through October 15th, 2007. Concessions will be offered city beach facility with fueling operations at the public dock. Gem Coast may rent non-motorized equipment from the site as well. The concessionaire must maintain $1 million insurance for damage to property and/or personal injury or death. Resolution 07-74 was introduced by Councilor Rasmussen, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said resolution: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the resolution passed. (See Secretary’s Original Resolution 07-74 included with these minutes) 6. MAYOR AND COUNCIL ITEMS H.U.G.S USE OF MORIN PARK Mayor Erdman explained that H.U.G.S. had requested the use of Morin Park for May 5, 2007, but this date needs to be changed to May 19, 2007 as this group will be in Georgia to help with the tornado victims. MOTION: I will move to grant the request for Morin Park by H.U.G.S. for May 19, 2007 instead of May 5, 2007. Motion was introduced by Councilor Olson, seconded by Councilor Marin. On roll call the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed. a. WARD AND COMMITTEE ITEMS First Ward, Councilor Rasmussen:
Second Ward, Councilor Baker:
Third Ward, Councilor Marin
MOTION: Move to authorize staff to draft an agreement for the Sunset Street issue. Motion was introduced by Councilor Marin, seconded by Councilor Rasmussen. On roll call the following councilors voted in favor of said motion: Councilor Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman. Mayor Erdman declared the motion passed.
Fourth Ward, Councilor Olson:
Fifth Ward, Councilor Severtson:
MOTION: Move to have the City Manager contact the contractor to have the inside of this building cleaned up.
Sixth Ward, Councilor Brooks:
Mayor Erdman:
b. CITY MANAGER’S RESPONSE TO PUBLIC ITEMS City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
7. PUBLIC ITEMS: Mr. Roger Bok, 1012 Cato Drive, stated the following:
Manuel Cantu Jr, 113 McArthur Drive:
8. ADJOURNMENT – 9:00 p.m. Councilor Brooks moved and Councilor Olson seconded, that there being no further business, the council meeting be adjourned at 9:00 p.m. until the next regular meeting of the Albert Lea City Council on Monday, May 14th, 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 April 24, 2007. /s/ Shirley Slater-Schulte /s/ Randall Erdman |
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