Albert Lea, MN
September 9, 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.
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, Acting Council Secretary Allison Pelvit and representatives from KATE Radio, the Albert Lea Tribune, and KAAL-TV.
The City Council recited the Pledge of Allegiance and Councilor Marin recited the Serenity Prayer.
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF AUGUST 26, 2002.
(b) LICENSES APPROVED:
ANNUAL LICENSE
ARCADE
Your Place, 137 E. Clark St., Albert Lea
BILLIARDS/POOL TABLES
Your Place, 137 E. Clark St., Albert Lea
CABARET
Your Place, 137 E. Clark St., Albert Lea
FOOD/BEVERAGE
Cedar Valley Services, Inc., 2205 Meyers Rd., Albert Lea
Your Place, 137 E. Clark St., Albert Lea
TEMPORARY LICENSE
TEMPORARY DANCE
Albert Lea High School, 2000 Tiger Lane, Albert Lea, for Budget Host on September 16
Charles Mangskau, 519 Garfield Ave., Albert Lea, for the Arena on September 28
(c) RESOLUTION 02-187 ADOPTED – CALLING A HEARING ON PROPOSED ASSESSMENTS FOR JOBS 0108, 0111, 0201, 9925, 9705, AND 2001: Resolution 02-187 calls a hearing on proposed street assessments for September 23, 2002.
(See Secretary's Original Resolution
02-187 included with these minutes.)
(d) RESOLUTION 02-188 ADOPTED – CLAIMS: Resolution 02-188 presents the financial claims of the City.
(See Secretary's Original Resolution
02-188 included with these minutes.)
Councilor Brooks moved, Councilor McPherson 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.
2003 BUDGET - PUBLIC HEARING
Mayor Haukoos opened a public hearing on the 2003 budget. The necessary notice for this hearing was published on August 29, 2002.
Mr. Richard Seelye, residing at 914 Jefferson Avenue, pointed out the fact that the City of Albert Lea has no money budgeted for mosquito sprayings in the 2003 budget. Mr. Seelye requested that the City of Albert Lea amend the budget to allow money for mosquito sprayings in 2003 due to potential health hazards.
Mayor Haukoos stated that money from the general fund was used to fund the sprayings for 2002. He also stated that the City sprayed two more times than expected this year.
City Manager Sparks stated that the 2002 sprayings cost $1.60 per capita for six sprayings. He also noted that it is difficult for a rural area to control the mosquito population due to the vast area of land where mosquitoes breed outside the city limits and then travel into the City.
Mayor Haukoos noted that the Council will consider Mr. Seelye’s request.
TRANSFER OF LIQUOR LICENSE FOR TOP SHELF – PUBLIC HEARING
Mayor Haukoos opened a public hearing for the transfer of the Top Shelf on-sale intoxicating liquor license and Sunday on-sale intoxicating liquor license from Dawn Hanna to Sue Miller. The necessary notice for this hearing was published on August 29, 2002. There was no discussion on this matter.
Councilor Kron moved, Councilor Amundson seconded, that the liquor license of the Top Shelf be transferred from Dawn Hanna to Sue Miller. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the public hearing closed.
RESOLUTION 02-189 ADOPTED – ADOPTING THE ASSESSMENT FOR THE PARKING MAINTENANCE DISTRICT (AUGUST 1, 2001 – JULY 31, 2002) – PUBLIC HEARING
Mayor Haukoos opened a public hearing for the adoption of assessments for the Parking Maintenance District. The necessary notice for this hearing was published on August 29, 2002.
Councilor Marin asked if there have been any complaints on this assessment. City Manager Sparks stated there were a few complaints historically but he has not heard as many complaints since the program was reduced a few years ago by stopping enforcement of the program.
Councilor Kron moved, Councilor Brooks seconded, that Resolution 02-189, adopting the downtown parking maintenance district assessments from August 1, 2001 to July 31, 2002, be approved. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the resolution adopted and the public hearing closed.
(See Secretary's Original Resolution
02-189 included with these minutes.)
REQUEST TO USE CITY CENTER PARKING LOT
City Manager Sparks explained that St. Theodore’s Church is requesting to utilize the City Center parking lot on the morning of Sunday, October 6, 2002 for the purpose of loading a semi-truck with goods being sent to areas in need of assistance. The church is aware that the use of the lot would be limited to the time before the library opens and that the firemen use the area immediately adjacent to the wall for parking their personal vehicles.
Councilor Kron moved, Councilor Sorenson seconded, that the request to use the City Center parking lot on the morning of October 6, 2002, be granted. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the request granted.
RESOLUTION 02-190 ADOPTED – GRANTING A VARIANCE TO 2500 SOUTH SHORE DRIVE
City Manager Sparks told the Council that this resolution grants a variance requested by the Board of Appeals to Denis and Ellen Flaherty for property they own at 2500 South Shore Drive, for a 2,386 foot variance of the maximum allowable area for an accessory building and a two foot variance of the maximum permitted height for a garage to permit construction of a 50 foot by 60 foot storage building with an average roof height of 17 feet.
Councilor Brooks moved, Councilor Amundson seconded, that Resolution 02-190, approving the variance to Denis and Ellen Flaherty for property they own at 2500 South Shore Drive, 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
02-190 included with these minutes.)
RESOLUTION 02-191 ADOPTED – APPROVING THE SITE PLAN FOR NORTHERN NATURAL GAS
Councilor McPherson moved, Councilor Sorenson seconded, that Resolution 02-191, approving the site plan for Northern Natural Gas Odor Station located at Airport Road and Milrose Avenue, be approved.
Councilor Marin asked if there have been any complaints regarding the odor at the Bridge and Hammer location. City Manager Sparks stated that complaints have been few and far apart.
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
02-191included with these minutes.)
Mr. Harold Willsee, 13917 – 13th Avenue, Burnsville, Minnesota, Right-of-Way Agent for Northern Natural Gas, asked if they could continue their work on the site due to the adoption of the Resolution 02-191, approving the site plan for Northern Natural Gas. City Manager Sparks stated that they could continue with their project since Resolution 02-191 was adopted by the Council.
ORDINANCE 55, 3d INTRODUCED – REZONING PROPERTY LOCATED AT PELICAN POINTE SUBDIVISION FROM R-1 SINGLE FAMILY RESIDENTIAL TO P.D. PLANNED DEVELOPMENT
City Manager Sparks told the Council that the Planning Commission has recommended approval of the rezoning of property located at Pelican Pointe Subdivision from R-1 to P.D.
Councilor Brooks introduced Ordinance 55, 3d. Ordinance 55, 3d will lay over for a second reading and public hearing pursuant to charter requirements.
(See Secretary’s Original Ordinance
55, 3d included with these minutes.)
RESOLUTION 02-192 ADOPTED – APPROVING THE PRELIMINARY AND FINAL PLAT OF PELICAN POINTE SUBDIVISION
Councilor Brooks moved, Councilor McPherson seconded, that Resolution 02-192, approving the preliminary and final plat of Pelican Pointe Subdivision, 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
02-192 included with these minutes.)
RESOLUTION 02-193 ADOPTED – APPROVING A CONDITIONAL USE PERMIT FOR GOOD SAMARITAN CENTER
City Manager Sparks stated that the approval of this resolution would allow the congregate living center to be further developed with more access to the building.
Councilor McPherson moved, Councilor Marin seconded, that Resolution 02-193, approving a conditional use permit for Good Samaritan Center, 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
02-193 included with these minutes.)
SPECIAL MEETING CALLED FOR CITY COUNCIL – CANVASS OF ELECTION
City Manager Sparks noted that the City Clerk has requested the Council call a special meeting for 9:30 a.m. on Wednesday, September 11, 2002 in order to certify the results of the Primary Election held on September 10, 2002.
Councilor Sorenson moved, Councilor Marin seconded, that the City Council conduct a special meeting on Wednesday, September 11, 2002, at 9:30 a.m. for the canvass of election. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried and the special meeting called.
RESOLUTION 02-194 ADOPTED – ESTABLISHING THE PROPOSED TAX LEVY FOR 2003
City Manager Sparks recommended a tax levy for the 2003 budget of $1,607,310, which is the levy limit that the City is allowed to levy according to state law. He reported that he anticipates state budget problems that will be passed on to the City of Albert Lea. He stated that he expects the local government aid that the city receives from the State will be reduced in 2003 due to the State’s efforts to balance the budget.
Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-194, establishing the proposed tax levy for 2003, 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
02-194 included with these minutes.)
RESOLUTION 02-195 ADOPTED – AUTHORIZING REPAIR OF SIDEWALK AND ASSESSMENT OF COSTS TO PROPERTY
City Manager Sparks requested City Council authorization to repair the hazardous sidewalk in front of 316 Vine Avenue. The owner of the property has not been able to make the repairs.
Councilor McPherson moved, Councilor Marin seconded, that Resolution 02-195, authorizing repair of sidewalk and assessing the cost to the property owner of 316 Vine Avenue, 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
02-195 included with these minutes.)
RESOLUTION 02-196 ADOPTED – APPROVING A CONTRACT FOR PROFESSIONAL SERVICES
City Manager Sparks stated that Bolton & Menk, Inc., Mankato, Minnesota, has submitted a proposal for a contract to provide professional engineering services for a new traffic signal system at the intersection of CSAH 46 and Blake Avenue. He stated that he wanted to obtain the plans for the traffic system in order to keep the process moving for the Wal-Mart store. He also stated that he doesn’t want to bid the construction out until the Wal-Mart decision is final in order to prevent a traffic signal where there is not sufficient traffic to warrant one.
Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-196, approving a contract for professional engineering services, 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
02-196 included with these minutes.)
FARMLAND DEMOLITION
City Manager Sparks reported that Childress & Zdeb, Ltd., attorneys for Farmland Foods, contacted the City Attorney and himself regarding a proposed agreement for the demolition of the Farmland Foods plant to proceed sooner than the court order would allow the City to carry out the demolition.
City Manager Sparks commented on the status of the building and noted that the building needs to be demolished due to flooding of the sanitary system. The proposal would accelerate the demolition process.
The proposal would allow the City of Albert Lea to use insurance funds in escrow to pay for the demolition. Childress & Zdeb has a firm bid from a contractor for the demolition of the site, which is $2,498,475.56. The attorneys also allow the escrowed funds to be increased to a total of $3 million, which would account for 120% coverage of the costs. Farmland would receive the difference between the $3 million and the actual cost, if the cost is below $3 million. This proposal would also allow the City of Albert Lea to take title of the property when the demolition is complete. The City of Albert Lea would then obtain money from State and Federal grants and proceeds from insurance claims to aid in the environmental clean up of the site.
City Manager Sparks added that the bankruptcy court and the creditor’s committees must give their approval before the proposal would be adopted.
After Council discussion, Councilor Marin moved, Councilor Sorenson seconded, that the proposal from Childress & Zdeb, Ltd., be approved. On roll call vote, all councilors voted in favor of said motion. Mayor Haukoos declared the motion carried.
WARD ITEMS
First Ward, Councilor Amundson:
(a) Asked when the Council would review next year’s proposal. City Manager Sparks suggested that the air show directors make it’s request directly to the City Council for the 2003 show.
Second Ward, Councilor McPherson:
(a) Asked what chemical is being used for mosquito spraying. City Manager Sparks said the chemical is Anvil and that it lasts approximately 48 hours in the environment and then becomes inert.
Fourth Ward, Councilor Sorenson:
(a) Requested a report for Council review regarding the possibility of installing a left turn signal at the intersection of Bridge and Marshall. City Engineer Dave Olson responded by stating that SRF is looking at the Fountain and Bridge intersection and the intersection of Bridge and Marshall. He also stated that the project is on hold until MNDOT opens up West Main and the traffic patterns are back to normal.
(b) Requests from citizens regarding overhanging of trees on the West side of Garfield from Main Street to Sheridan. Councilor Sorenson requested that the Park Department take a look at the trees and possibly do something about them.
Fifth Ward, Councilor Kron:
(a) Councilor Kron has received a request for two more handicapped stalls in front of the Moose Lodge. The Lodge currently has two stalls but they are both being utilized by handicapped employees of the Lodge and they have several patrons of the Lodge that need a handicapped stall. City Manager Sparks stated that the staff would investigate the request and get back to her.
(b) The family of Marv Wangen discussed the situation regarding renaming Wedgewood Park to Wangen Park and decided that it would be fine if the Council changed the name of a different park. Councilor Kron moved to rescind the motion to rename Wedgewood Park to Wangen Park and to rename Fountain Lake Park as Marvin Wangen Park. Councilor Amundson seconded the motion.
Councilor Sorenson gave the history of both Wedgewood Park and Fountain Lake Park. The deed to Wedgewood Park was given to the City of Albert Lea on September 12, 1961. After a tornado, the area was used for placement of demolition materials. The park was named Wedgewood Park due to the fact that it was located in Wedgewood Addition along Wedgewood Avenue. The City of Albert Lea acquired Fountain Lake Park and part of the lake area on December 2, 1933 at a purchase price of $6,345.84.
Councilor McPherson moved, Councilor Sorenson seconded, that the motion to rescind the motion to rename Wedgewood Park and that Fountain Lake Park be renamed Marvin Wangen Park, be tabled.
On roll call vote, all Councilors voted in favor of said motion, with the exception of Councilor Brooks who voted “Nay”.
Sixth Ward, Councilor Brooks:
(a) New Hills Condominium street project was started one and a half weeks ago but there has not been any work done since then. City Engineer Olson stated that the project manager stated the company was planning on doing the blacktopping next week.
(b) Councilor Brooks requested that City Engineer Olson ask Mr. Jahnke to hold a neighborhood meeting with the citizens of Dawn Acres the week of October 21, 2002, regarding the street project in that area.
Mayor Haukoos
(a) Stated that the meeting with the County for September 18, 2002 at 7:00 p.m. must be post-poned. No date was set.
ADJOURNMENT – 8:45 P.M.
Councilor Marin 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, September 23, 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 September 10, 2002.
_______________________________ ________________________________
Acting Secretary of the Council Mayor