Albert Lea, MN January 12, 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 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 and the Albert Lea Tribune.
The Pledge of Allegiance was recited.
2003 OVERVIEW
Mayor Eaton commented on her first year as Mayor and enumerated the various accomplishments of the City Council during the past year.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF DECEMBER 22, 2003.
(b) APPROVAL OF A SIGN HANGER LICENSE FOR M & M SIGNS, MANKATO, MINNESOTA.
(c) RESOLUTION 04-1 ADOPTED – LAWFUL GAMBLING APPLICATION:
Resolution 04-1 approves a Minnesota Lawful Gambling Application for Exempt
Permit for raffle operations for the United Way of Freeborn County.
(See Secretary’s Original Resolution 04-1 included with these minutes.)
(d) RESOLUTION 04-2 ADOPTED – DIVIDING ASSESSMENTS IN STACY SUBDIVISION: Resolution 04-2 approves the division of assessments for Lots, B, C, D & E in Stacy Subdivision.
(See Secretary’s Original Resolution 04-2 included with these minutes.)
(e) RESOLUTION 04-3 ADOPTED – AUTHORIZING 2004 BOND PAYMENTS: Resolution 04-3 authorizes bond payments for 2004.
(See Secretary’s Original Resolution 04-3 included with these minutes.)
(f) ESTABLISHES THE VALUE OF ONE ACRE OF VACANT LAND AT $5000.
(g) RESOLUTION 04-4 ADOPTED – AUTHORIZES A CONTRACT WITH THE STATE OF MINNESOTA: Resolution 04-4 authorizes a contract with the State of Minnesota for building inspection services.
(See Secretary’s Original Resolution 04-4 included with these minutes.)
(h) RESOLUTION 04-5 ADOPTED – CALLING A HEARING FOR AIRPORT ENVIRONMENTAL ASSESSMENT: Resolution 04-5 calls for a public hearing for February 9, 2004 to discuss the environmental impact of planned airport improvements.
(See Secretary’s Original Resolution 04-5 included with these minutes.)
(i) RESOLUTION 04-6 ADOPTED - CLAIMS: Resolution 03-250 presents the financial claims of the City.
(See Secretary's Original Resolution 250 included with these minutes.)
Councilor Amundson moved, Councilor Brooks seconded, 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 04-7 ADOPTED – ALLOCATING POLICE & FIRE PENSION INTEREST EARNINGS– PUBLIC HEARING
Mayor Eaton opened a public hearing for the allocation of police and fire pension interest earnings. The necessary notice for this hearing was published on December 30, 2003. No one appeared to be heard.
City Manager Sparks explained that he is recommending the Council authorize the transfer of the interest earnings to the City’s General Fund to pay expenses of the Police and Fire Departments. The money that is then released by that action can be used for other general fund purposes. He suggested the 2003 earnings be allocated to the downtown redevelopment effort and the 2004 earnings for other purposes such as the Police Department’s request for a data radio system or the City’s share of the new Law Enforcement Center.
After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that Resolution 04-7, allocating the 2003 police and fire pension interest earnings to the City’s General Fund Police and Fire Departments, 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 04-7 included with these minutes.)
2004 POLICE & FIRE PENSION INTEREST EARNINGS TABLED
Councilor Amundson moved, Councilor Kron seconded, that the 2004 police and fire pension interest earnings allotment be tabled. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the allotment of the 2004 police and fire pension interest earnings tabled.
RESOLUTION 04-8 ADOPTED – RELATING TO A RIGHT-OF-WAY PERMIT – PUBLIC HEARING
Mayor Eaton opened a public hearing to accept public input regarding a berm constructed on public right-of-way adjacent to 1917 South Shore Drive. The necessary notice for this hearing was published on December 15, 2003.
City Manager Sparks reported that Freeborn County has requested the Council take action relating to the request of Doug Lembke for permission to use the public right-of-way adjacent to his property at 1917 South Shore Drive. Mr. Lembke has constructed a berm in the right-of-way and the County has said that it will not abandon or vacate the right-of-way without the City’s consent.
Loran Schroeder, 2017 Kevin Drive, told the Council that he owns a property that requires access to the service road and that he hopes to develop the lot at some point. He also noted that the berm has already been installed without permission from either the City or County. The berm is changing the direction of the water flow across two adjacent properties. He asked the Council to deny the permit.
Marvin Lenze, 2021 Kevin Drive, told the Council that the neighborhood objects to the berm and wants it removed and the blacktop replaced.
Mary Severtson, 1905 South Shore Drive, told the Council that the City permitted her neighbor to remove a culvert and that now the water floods her land. She asked the Council to deny the request.
City Manager Sparks noted that the City received a letter from David and Donna Olson, owners of the property at 1913 South Shore Drive, and read the issues raised by the Olson’s. He reminded the City Council that this is County right-of-way not City right-of-way but that the County is seeking the City’s opinion.
Mary Severtson, 1905 South Shore Drive, told the Council that when she built an addition to her home that she was told that the service drive belongs to the City. Mr. Sparks explained that the right-of-way belongs to the County and that he felt it would be very difficult to sell the property without a clear title.
Councilor Brooks commented that he had spent a lot of time on this issue and had spoken with the neighborhood and moved to refuse to sign the permit. Councilor Amundson seconded the motion. 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 04-8 included with these minutes.)
LOW BUCKS CAR CLUB USE OF NORTH BROADWAY LOT APPROVED
Mike Woitas of the Low Bucks Car Club requested permission to use the North Broadway parking lot on Saturday, June 12, 2004 between 8 p.m. and midnight for a free dance as a part of the Eddie Cochran Weekend. He noted that moving the dance from the fairgrounds would fit into the new route for the car cruise and would perhaps increase attendance at the dance. The group is also requesting permission to barricade streets surrounding the block. The Albert Lea Medical Center has granted permission to use its parking lot adjacent to the block. He has talked with the Legion Club and they have no objection to the dance. Mr. Woitas has also spoken with the Police Chief regarding this request.
After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that permission to use the North Broadway parking lot on June 12 for the dance be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and permission granted.
RESOLUTION 04-9 ADOPTED – ADOPTING COUNCIL PROCEDURES FOR 2004
City Manager Sparks explained that this resolution is adopted annually and sets procedures for conduct of City Council meetings and other Council business.
Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-9, adopting Council procedures for 2004, 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 04-9 included with these minutes.)
RESOLUTION 04-10 ADOPTED – NAMING THE OFFICIAL NEWSPAPER
City Manager Sparks noted that this resolution names the Albert Lea Tribune as the official newspaper of the city for legal advertising.
Councilor Amundson moved, Councilor Kron seconded, that Resolution 04-10, naming the Albert Lea Tribune the official newspaper for 2004, 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 04-10 included with these minutes.)
ORDINANCE 72, 3D INTRODUCED – VACATING KATHERINE STREET
City Manager Sparks commented that this ordinance permits the vacation of a small piece of Katherine Street south of East Main Street.
Councilor Kron introduced Ordinance 72, 3d. Ordinance 72, 3d will lay over for a second reading and public hearing in accordance with Charter requirements.
(See Secretary’s Original Ordinance 72, 3d included with these minutes.)
MAYOR’S APPOINTMENTS CONFIRMED
Mayor Eaton presented the following list of appointments for Council confirmation:
LIBRARY BOARD
Jane Saunders Reappointed – term 12/31/2006
Grace Haukoos Reappointed – term 12/31/2006
Gail Batt Reappointed – term 12/31/2006
BOARD OF ZONING APPEALS
Dick Polley Reappointed – term 12/31/2008
HUMAN RIGHTS COMMISSION
Nancy Hockenberry Reappointed – term 12/31/2006
Patti Hareid Reappointed – term 12/31/2006
Linda Ibarra, 1606 SE Marshall, 373-1133 New Appointment – term 12/31/2006
Tina Martinez Retired (unable to contact)
PARK & RECREATION BOARD
Kevin Dulitz Reappointed – term 12/31/2006
Davis Gilbertson Reappointed – term 12/31/2006
Jan Mattson Reappointed – term 12/31/2006
PLANNING COMMISSION
Janet Birkhofer Retiring from Board
Anthony (Tony) Samudio Jr. Retired (unable to contact)
John Sorlie, 1910 Keystone New Appointment – term 12/31/2006
AIRPORT BOARD
Jerry Morstad Reappointed – term 12/31/2006
Carroll Sorenson Reappointed – term 12/31/2006
Russ Anderson Reappointed – term 12/31/2006
HOUSING & REDEVELOPMENT AUTHORITY
Henry Savelkoul Retiring from Board
Mary Keating Retiring from Board
Bob Haukoos, 111 Fairview Dr. New Appointment – term 8/1/02 to 7/31/07
Maureen Williams-Zelenak, 715 West Park Ave. New Appointment – term 8/1/02 to 7/31/05
Councilor Amundson moved, Councilor Brooks seconded, that the Mayor’s appointments be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointments confirmed.
ORDINANCE 73, 3D INTRODUCED – ACCEPTING MINNESOTA OFFICE OF STRATEGIC AND LONG RANGE PLANNING ANNEXATION ORDER
City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the Freeborn-Mower Cooperative Services property along C.S.A.H. 46 (the former Starlight Drive-In Theatre property).
Councilor Kron introduced Ordinance 73, 3d. Ordinance 73, 3d will lay over for a second reading and public hearing in accordance with Charter requirements.
(See Secretary’s Original Ordinance 73, 3d included with these minutes.)
City Manager Sparks commented that Albert Lea Township has asked the City to proceed with annexation of the Government Acres area. The township took a vote of the residents and annexation was approved.
RESOLUTION 04-11 ADOPTED - AUTHORIZING A CONTRACT WITH HEISE ROISE FOR HISTORIC PRESERVATION ORDINANCE SERVICES
City Manager Sparks told the Council that Heise Roise, Minneapolis, has agreed to perform services for the City relating to establishment of a historic preservation ordinance on a step-by-step basis and has submitted a contract for services to the City for Step 1, the establishment of the Albert Lea Certified Local Government Program, at an estimated cost of $10,490.
After Council discussion, Councilor Erdman moved, Councilor Fjelstad seconded that Resolution 04-11, authorizing a contract for Step 1 of the historic preservation ordinance services with Heise Roise at an estimated cost of $10,490, 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 04-11 included with these minutes.)
RESOLUTION 04-12 ADOPTED – DESIGNATING DEPOSITORIES AND SIGNATORIES AND AUTHORIZING INVESTMENT OF FUNDS AND COLLATERAL SECURING DEPOSITS FOR 2004
City Manager Sparks explained that this resolution approves depositories for City funds and signatures required for the withdrawal of those funds and establishing our investment policy. He noted that the City’s investment policy is a reflection of state law which requires a fairly conservative approach to financial investment to protect the City’s assets.
Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-12, designating depositories of City funds and signatories for withdrawal of funds and authorizing investment of municipal funds and collateral securing deposits for 2004, 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 04-12 included with these minutes.)
RESOLUTION 04-13 ADOPTED – AUTHORIZING AGREEMENT FOR STAFF SERVICES WITH THE ALBERT LEA PORT AUTHORITY
City Manager Sparks requested approval of a more detailed agreement with the Albert Lea Port Authority for staff services to be exchanged between the two organizations. As a part of the agreement, the Port Authority staff may provide Job Zone approval services, loan portfolio management for the revolving loan fund and economic development services as requested by the City. The Port Authority will also provide interim City management services. The City, in turn, will provide accounting and accounts payable/receivable services, payroll and maintenance and construction advice as requested by the Port Authority.
Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-13, authorizing an agreement for staff services with the Albert Lea Port Authority, 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 04-13 included with these minutes.)
RESOLUTION 04-14 ADOPTED – A RESOLUTION ACCEPTING BID FOR JOB 0327
City Manager Sparks explained that the City accepted sealed bids for replacement of the West Secondary Digester Cover at the Wastewater Treatment Plant (Job 0327) on January 7 and that bids were accepted from PKG Contracting, Gridor Construction, Magney Construction, American Plumbing Co., Quad Construction and Abhe & Svoboda. He noted that the engineer’s estimate for the project was $593,317 and PKG Contracting was the low bidder in the amount of $506,900. He recommended approval of this bid.
After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that Resolution 04-14, accepting the bid of PKG Contracting, Inc. for replacement of the West Secondary Digester Cover at the Wastewater Treatment Plant (Job 0327) at a total cost of $506,900, 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 04-14 included with these minutes.)
INSTALLATION OF VIDEO EQUIPMENT IN COUNCIL CHAMBERS DISCUSSED
City Manager Sparks informed the Council that the City has an estimated cost of $30,000 for video equipment for the Council Chambers and noted that there is money available in the Building Maintenance Fund which could be used for this purpose.
Council discussion centered around the cost of airtime, the system recommended, costs for expendables, maintenance costs, cost of removal of asbestos from the Chambers ceiling and a study done by the County Administrator.
The Council asked County Administrator Ron Gabrielson to comment on the survey and any value gained by switching from audio to video. Mr. Gabrielson noted that Stearns County probably has the most extensive system, costing approximately $88,000, and that only one person has asked to check out a video. They have found that a full time person is required to maintain the system and the library. Many times there are hidden costs involved that do not surface until the system has been activated. He also explained that the County will be installing conduit in the ceiling of the Commissioners room in the new courthouse but that they aren’t intending to buy equipment at this time. Due to state cutbacks, the County doesn’t feel it wants to spend $40-50,000 on this project.
Councilor Erdman commented that both Austin and Mason City video tape meetings and feel it is beneficial. The video taping can also be used for commission meetings, special programs and community information.
After additional discussion, Councilor Fjelstad moved, Councilor Erdman seconded, that the City Manager be directed to find a more exact cost for all aspects discussed. On roll call vote, all Councilors voted in favor of said motion, with the exception of Councilor Kron who voted nay. Mayor Eaton declared the motion carried.
RESOLUTION 04-15 ADOPTED – AUTHORIZING APPLICATION FOR FUNDING FROM THE MINNESOTA HOUSING FINANCE AGENCY 2004 MINNESOTA CITY PARTICIPATION PROGRAM
City Manager Sparks explained that the City staff wishes to apply for funding from the Minnesota Housing Finance Agency for the 2004 Minnesota City Participation Program and that the application is due by January 15.
After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 04-15, authorizing application for funding from the MHFA for the 2004 Minnesota City Participation Program, 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 04-15 included with these minutes.)
MAYOR’S ITEMS
Mayor Eaton thanked the Utility Departments for extra efforts with regard to recent watermain breaks, thanked the Fire Department for extra efforts at recent fires, congratulated the Eagles Club for a successful Cancer Benefit event this past weekend and congratulated Commissioner Mathiason and Springborg for assuming the duties of Chair and Vice Chair of the Freeborn County Board of Commissioners.
UNLISTED ITEMS
WARD ITEMS
Fourth Ward, Councilor Fjelstad:
(1) Congratulated Commissioner Behrends on completion of his term as Chair of the Freeborn County Board.
Sixth Ward, Councilor Brooks:
(1) Asked that yellow lines be painted on Frank Avenue. City Manager Sparks noted that this may need to wait for warmer weather.
(2) Requested an additional garbage can at the Channel for the fishermen.
PUBLIC ITEMS
Mary Ellen Johnson, 331 Willamor Circle, appeared before the City Council on behalf of Destination Albert Lea and the Downtown Association to thank the City for the Christmas decorations in the downtown. She especially thanked members of the Park Department for efforts in stringing the lighting and putting up other decorations. She also acknowledged Randy Kerr and Paul Field for replacing the burned out lights on the buildings and read a list of contributors donating money for the decorations.
Grace Haukoos, 111 Fairview Drive, told the Council that Mr. Kerr and Mr. Field purchased $800 worth of light bulbs and requested anyone wishing to donate to this effort could do so with checks made payable to the Chamber Foundation.
Mary Severtson, 1905 South Shore Drive, asked when the City will be repairing or replacing the warning sirens. The siren in her area is not working. City Manager Sparks told Ms. Severtson that he would check into this.
Roger Bok, 1012 Cato Drive, told the Council that he was the individual who told the man to shut up and noted that the man apologized to the Mayor. He also suggested that residents take their Christmas trees to the transfer station rather than dumping them in the old wastewater treatment plant area. He noted that the residents could also deliver their trash to the transfer station rather than paying for a clean-up day.
ADJOURNMENT – 8:58 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, January 26, 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 January 13, 2004.
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