Albert
Lea, MN
April 8, 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, Ron Sorenson, Mary
Kron, Al Brooks and Mayor Bob Haukoos. Also
present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Public
Works Director David R. Olson, Council Secretary Sandi Behrens and
representatives the Albert Lea Tribune.
Councilor
Marin recited the Serenity Prayer and the City Council recited the Pledge of
Allegiance.
CONSENT AGENDA
(a)
APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF
MARCH 25, 2002.
(b) LICENSES APPROVED:
TEMPORARY
LICENSE
FOOD/BEVERAGE
Eugene
Thompson for Cloverleaf Lions flight breakfast at the Albert Lea Airport on June
9, 2002
ANNUAL LICENSE
PLUMBER
Craig
Sulentic d/b/a Egan Mechanical Contractors, Inc., 7100 Medicine Lake Road,
Minneapolis, MN
(c)
RESOLUTION
02-74 ADOPTED - CLAIMS:
Resolution 02-74 presents the
financial
claims of the City.
(See Secretary's Original Resolution
02-74
included with these minutes.)
Councilor Brooks
moved, Councilor Amundson
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.
JOB 0123 – ALLEY IMPROVEMENT – PUBLIC
HEARING
Mayor
Haukoos opened a public hearing to consider the surfacing of an alley between
Minnesota and Freeborn Avenues and Sheridan and Johnson Streets (Job 0123).
The necessary notice for this hearing was published on March 15, 2002.
Councilor
Sorenson told the Council that he and the Engineering staff had met with the
neighborhood last week and that the consensus of the group had been to do
nothing. He moved to cancel the
project. Councilor McPherson
seconded the motion. On roll call
vote, all Councilors voted in favor of canceling the project. Mayor Haukoos declared the motion carried, the project
canceled and the public hearing closed.
RESOLUTION 02-75 ADOPTED – ORDERING JOB
0202 – PUBLIC HEARING
Mayor
Haukoos opened a public hearing for Job 0202, street reconstruction on James
Avenue between Second Street and Seventh Street. The necessary notice for this hearing was published on March
15, 2002.
There
was no public discussion. Councilor
Sorenson complimented the Engineering Department for the neighborhood meetings.
He noted that the staff explains the proposed project to the group,
answers questions and responds to requests. Councilor Kron moved, Councilor
Brooks seconded, that Resolution 02-75, ordering Job 0202, be approved.
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 closed.
(See
Secretary’s Original Resolution
02-75
included with these minutes.)
RESOLUTION 02-76 ADOPTED – EXPRESSING INTENT TO VACATE EAST PEARL
STREET
City Manager Sparks explained that the County has
requested that the City vacate East Pearl Street to permit the construction of a
new Justice Center over Pearl Street. The
County is in the process of acquiring the property at the southwest corner of
East Pearl Street and South Newton Avenue to complete ownership of both sides of
that block of East Pearl. The City
will need an easement for utilities in Pearl and also needs to work out an
agreement with the County where they can build over the top of our utility
easement. He is therefore
recommending that the Council express its intent to vacate East Pearl Street
after the agreement for the construction over the City utility easement and
property acquisition is complete.
Ron Gabrielsen, County Administrator, asked for
closure of the block of East Pearl to permit demolition of the vacated Western
Grocery building. He explained that
the County will accept bids for demolition on April 17 and expect work to begin
on May 10.
Councilor Kron moved, Councilor Amundson seconded,
that Resolution 02-76, expressing the Council’s intent to vacate East Pearl
Street between South Newton and South Broadway after property acquisition is
complete and the utility easement and agreement are complete, 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
02-76
included with these minutes.)
RESOLUTION 02-77 ADOPTED – SKATE PARK EMPLOYEE HIRING ASSISTANCE
Paul Evenson, 1205 Foothills Circle, appeared on behalf of the Skate Park Association to request City assistance in the hiring of two employees to staff the skate park during June, July and August, with all expenses reimbursed by the Association.
After Council discussion, Councilor
Brooks moved, Councilor Marin seconded, that the City Council authorize City
staff to assist the Skate Park Association in the hiring of two paid staff for
the months of June, July and August with the Skate Park Association reimbursing
the City for any expenses incurred in the hiring of the employees upon the
billing by the City to the Association on a pay period basis.
On roll call vote, all Councilors voted in favor of the motion with the
exception of Councilor McPherson who voted nay.
Mayor Haukoos declared the motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-77
included with these minutes.)
RESOLUTION 02-78 ADOPTED – APPROVING AN AMENDMENT TO THE CHAPEAU
SHORES ADDITION CONDITIONAL USE PERMIT
City Manager Sparks told the Council that this resolution approves an
amendment to the conditional use permit for Lots 1-3, Block 1, Chapeau Shores
Addition to permit the construction of a single family home on two existing
lots.
Councilor Marin stated that he had
been contacted by two residents who were concerned with the front lawn setback.
City Manager Sparks told the Council that the shape of the lots is a
classic example of what could be approved for variance, that it is impossible to
get a level setback.
Council discussion centered around
the fact that the proposal meets all setback requirements.
Ron Holtan, 217 South Lane,
appeared on behalf of the applicant. He
explained that the construction would meet all setback requirements and that he
had spoken with two residents who had requested that the sideyard setback be
expanded from eight feet to 15 feet. The
sideyard setback is now at 25 feet, as far south as possible.
He noted that the amendment is to allow a single family home rather than
a duplex.
After
additional Council discussion, Councilor Marin moved, Councilor McPherson
seconded, that Resolution 02-78, approving an amendment to the Chapeau Shores
Addition Conditional Use Permit with conditions noted by the Planning
Commission, be approved. On roll
call vote, all Councilors voted in
favor of said motion. Mayor
Haukoos declared the
(See
Secretary’s Original Resolution
02-78
included with these minutes.)
RESOLUTION 02-79 ADOPTED – APPROVING PRELIMINARY PLAT OF WATER TOWER
PLACE FIRST ADDITION
City Manager Sparks explained
that this resolution approves the
preliminary plat for the area around the City’s new water tower site.
He noted that the owner intends to develop the property surrounding the
site.
After
Council discussion, Councilor Sorenson moved, Councilor McPherson seconded, that
Resolution 02-79, approving the preliminary plat of Water Tower Place First
Addition, 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
02-79
included with these minutes.)
RESOLUTION 02-80 ADOPTED – ACCEPTING PLANNING
COMMISSION’S AMENDMENT TO THE DEVELOPMENT DISTRICT 5 PLAN
City Manager Sparks said that
this resolution amends Development District #5 to expand the boundary to include
the new area comprising the Habben Business Park.
The new area will be added to the Development District which will allow
for a redevelopment project in conjunction with the demolition of the Farmland
Foods plant.
After Council discussion, Councilor McPherson moved, Councilor Amundson
seconded, that Resolution 02-80, accepting the Planning Commission’s amendment
to the Development District #5 plan, be approved. On roll call vote, all councilors voted in favor of the
motion. Mayor Haukoos declared the
motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-80
included with these minutes.)
HUMAN RIGHTS COMMISSION APPOINTMENT
Mayor Haukoos told the Council that he is recommending the appointment of
Tina Martinez to the Human Rights Commission to replace Lupe
Gasca. Councilor Marin moved,
Councilor McPherson seconded, that the appointment of Tina Martinez to the
Planning Commission be confirmed. On
roll call vote, all Councilors voted in favor of the motion. Mayor Haukoos declared the motion carried and the appointment
confirmed.
RESOLUTION 02-81 ADOPTED – FUND TRANSFER
City Manager Sparks explained
that he is recommending the Council transfer $100,000 from the General Fund
Unappropriated Fund Balance to the Solid Waste Management Fund.
He noted that the Solid Waste Management Fund has been steadily losing
money and that income from services provided
does not meet the expenses.
Most counties are responsible for this service.
He suggested that the Council may want to discuss this issue with the
County Board at a workshop meeting.
After Council discussion, Councilor Sorenson moved, Councilor Brooks
seconded, that Resolution 02-81 approving the transfer of $100,000 from the
General Fund Unappropriated Fund Balance to the Solid Waste Management Fund, be
approved. On roll call vote, all
councilors voted in favor of the motion. Mayor
Haukoos declared the motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-81
included with these minutes.)
RESOLUTION 02-82 ADOPTED – CORRECTING PROJECT LIST FOR JOB 0201
City Manager Sparks told the Council that staff had discovered that
sidewalk replacement for 112 Second Avenue South at an estimated cost of $1380
had been inadvertently left off of the project list. The owner of the property has indicated that he will make the
repairs himself which is satisfactory to the City. To make sure that the project is completed by either our
contractor or the property owner, Mr. Sparks is recommending that the Council
correct the project list to include this item.
Councilor McPherson moved,
Councilor Sorenson seconded, that Resolution 02-82, correcting the project list
for Job 0201 to include the sidewalk replacement at 112 Second Avenue South, be
approved. On roll call vote, all
councilors voted in favor of the motion. Mayor
Haukoos declared the motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-82
included with these minutes.)
FEASIBILITY REPORT ACCEPTED AND PLACED ON FILE
City Manager Sparks noted that a feasibility report for Job 0109, Regency
Lane paving, is complete. He
explained that several alternatives were included in this report.
There are a number of problems having to do with drainage that need to be
addressed making this a very expensive project.
He commented that the City had looked at this project a number of times
in the past and each time it was concluded that it is too expect to proceed.
Councilor Marin informed the
Council that he had talked with residents along Regency Lane and that patching
the street was preferred by the majority of property owners.
Councilor Marin moved that the feasibility study be accepted and placed
on file, that the Engineering Department conduct a neighborhood meeting with the
residents and that the City proceed with patching as quickly as possible.
Councilor Brooks seconded the motion.
City Engineer Olson told the Council that he preferred to wait for hot
mix, which should be available around May 15.
On roll call vote, all Councilors voted in favor of the motion.
Mayor Haukoos declared the motion carried.
RESOLUTION 02-83 ADOPTED – APPROVING CONTRACT WITH TERRACON
City Manager Sparks told the Council that a number of years ago the City
discovered a barrel underneath the
Fountain Street parking lot at City
Center that apparently contained
The Minnesota Pollution Control
Agency was informed and samples were taken.
Ultimately the MPCA told the City to monitor the situation to see if
anything else would need to be done. MPCA
recently notified the City that we need to install three wells to monitor the
groundwater in the area to see if the solvents were migrating.
The Agency is particularly concerned that the solvents are migrating into
the City well to the west of the City Center building under the water tower.
The Engineering Department has
obtained a proposal from Terracon of White Bear Lake to perform the monitoring
well installation as well as the preparation of a report for the Minnesota
Pollution Control Agency at a cost of $12,875.
After Council discussion, Councilor
Amundson moved, Councilor Marin seconded, that Resolution 02-83, approving a
contract with Terracon, be approved. On roll call vote, all Councilors voted in favor of the
motion. Mayor Haukoos declared the
motion carried and the resolution adopted.
(See
Secretary’s Original Resolution
02-83
included with these minutes.)
RESOLUTION 02-84 ADOPTED – ADOPTING PLAN TO MOVE HRA TO SEPARATE
ADMINISTRATIVE BOARD
City Manager Sparks explained that this resolution indicates the
Council’s intent to accept a transition plan for the Housing and Redevelopment
Authority to a separate administrative board.
It has been determined that there is a greater need for administrative
and policy review of the authority and its future role in housing management and
development. More staff and board
time will be required in the future as the system ages and the rules require
changes in our operation. The HRA
Board/City Council has concluded that a separate board would have more time to
spend on developing policies to deal with the problems.
Additionally, a full-time director would be able to give the HRA the
administrative attention necessary to resolve some of the present difficulties
in maintenance of the housing units and rule development for the tenants.
A schedule of steps required (the plan) has been provided to the Council
and should be referenced in the resolution as the plan being adopted by the City
Council.
Council discussion centered around
the problems that the HRA Board has been struggling with, a need to add
additional staff, a concern for the current employees and the Manager’s
meeting with the employees. City
Manager Sparks explained that the Mayor and Council would be responsible for the
appointment of the HRA Board.
After Council discussion, Councilor
Sorenson moved, Councilor Amundson seconded, that Resolution 02-84, adopting the
plan to move the HRA to a separate administrative board, be approved. On
roll call vote, all Councilors voted in favor of
the motion. Mayor Haukoos
(See
Secretary’s Original Resolution
02-84
included with these minutes.)
RESOLUTION 02-85 ADOPTED – APPROVING A LAWFUL GAMBLING APPLICATION
Councilor Sorenson moved, Councilor
Kron seconded, that Resolution 02-85, approving the Gambling Permit Renewal
Application for the Albert Lea Union Center for operations at 404 East Main
Street, be approved. On roll call
vote, all Councilors voted in favor of the motion. Mayor Haukoos declared the motion carried and the resolution
adopted.
(See
Secretary’s Original Resolution
02-85
included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
First Ward, Councilor Amundson:
(a) The
Council recently approved no parking on Quisley and the signs have been
installed. He questioned whether
these signs are temporary or permanent. City
Engineer Olson stated that the signs are permanent.
Councilor Amundson noted
that the signs are tipping over.
Third Ward, Councilor Marin:
(a) Informed the Council that he and Councilor
Sorenson had attended the recent Court hearing and reported that the City
Attorney had done an impressive job representing the City.
Sixth Ward, Councilor Brooks:
(a) Asked for the status on the
Dawn Acres overlay.
(b) Asked if the staff had
determined the method for assessment for overlay in the New Hills Condominium
Park.
City Manager Sparks told Councilor
Brooks that the City would assess the Condo Association and that the Association
would then apportion the assessment to each lot.
If the City does individual assessments, it may end up owning lots in the
park and it would be better to assess the association and let them collect from
individual owners.
Councilor Brooks moved that
Resolution 02-86, calling for a public hearing for the New Hills Condominium
Park improvements be held at the Council’s regular meeting on Monday, May 13,
2002. Councilor Sorenson seconded
the motion. On roll call vote, all
Councilors voted in favor of the motion. Mayor Haukoos declared the
motion carried
and the resolution
(See
Secretary’s Original Resolution
02-86
included with these minutes.)
City Engineer Olson told Councilor Brooks that the staff had not yet been
able to work on the Dawn Acres project as the employees had been very busy with
work already on the calendar.
ADJOURNMENT – 8:33 P.M.
Councilor McPherson moved,
Councilor Sorenson 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, April 22, 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 April 9, 2002.
________________________
_____________________________
Secretary of the Council
Mayor