Albert Lea, MN January 13, 2003
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.
Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Al Brooks and Mayor Jean Eaton. Absent was Councilor Mary Kron. Also present were City Manager Paul T. Sparks, Public Works Director David R. Olson, City Attorney Steven Schwab, Council Secretary Sandi Behrens 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.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF DECEMBER 23, 2002.
(b) APPROVED ANNUAL FOOD LICENSE FOR NEW HORIZON FOODS, INC., 211 SECOND STREET NW, SAINT MICHAEL, MN.
(c) RESOLUTION 03-1 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-1 approves a lawful gambling application for the American Legion Post No. 56 for operations at 142 North Broadway.
(See Secretary’s Original Resolution 03-1 included with these minutes.)
(d) RESOLUTION 03-2 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-2 approves a lawful gambling application for the Freeborn County Ducks Unlimited for a raffle at the National Guard Armory, 410 Prospect Avenue, on April 12, 2003.
(See Secretary’s Original Resolution 03-2 included with these minutes.)
(e) ESTABLISHED THE VALUE OF ONE ACRE OF UNDEVELOPED LAND AT $5000.
(f) RESOLUTION 03-3 ADOPTED – DESIGNATING DEPOSITORIES FOR CITY FUNDS AND OTHER FINANCE RELATED DETAILS: Resolution 03-3 designates depositories for City funds and signatures for withdrawal of such funds along with the City investment policy and collateral requirements for securing deposits.
(See Secretary’s Original Resolution 03-3 included with these minutes.)
(g) RESOLUTION 03-4 ADOPTED – AUTHORIZING A CONTRACT FOR ALPA STAFF SERVICES: Resolution 03-4 authorizes a contract for staff services for the Albert Lea Port authority for 2003.
(See Secretary’s Original Resolution 03-4 included with these minutes.)
(h) RESOLUTION 03-5 ADOPTED – CALLING A HEARING FOR PORT AUTHORITY ANNUAL REVIEW: Resolution 03-5 calls for a public hearing for the purpose of taking public comment regarding the Albert Lea Port Authority for January 27, 2003.
(See Secretary’s Original Resolution 03-5 included with these minutes.)
(i) RESOLUTION 03-6 ADOPTED – AUTHORIZING 2003 BOND PAYMENTS: Resolution 03-6 authorizes the necessary bond payments coming due in 2003.
(See Secretary’s Original Resolution 03-6 included with these minutes.)
(j) RESOLUTION 03-7 ADOPTED - CLAIMS: Resolution 03-7 presents the financial claims of the City.
(See Secretary's Original Resolution 03-7 included with these minutes.)
Councilor Brooks moved, Councilor Fjelstad 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.
ART CENTER USE OF DANE PARK
City Manager Sparks explained that the Albert Lea Art Center has requested permission to use Dane Park on August 17, 2003 for the annual Art In The Park Festival. He noted that they are also requesting use of electricity for the vendors and artists and set up on Saturday night.
Councilor Marin moved, Councilor Amundson seconded, that the request of the Albert Lea Art Center for permission to use Dane Park as requested be approved. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and use of Dane Park be approved.
MAYOR PRO-TEMPORE NAMED
Councilor Brooks moved, Councilor Marin seconded, that Councilor Warren Amundson be named Mayor Pro-Tempore. On roll call vote, all councilors voted in favor of said motion with the exception of Councilor Amundson who abstained. Mayor Eaton declared the motion carried and Amundson named.
RESOLUTION 03-8 ADOPTED – ADOPTING COUNCIL PROCEDURES
City Manager Sparks explained that this resolution adopts procedures under which the City Council will operate during the coming year.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-8, adopting Council procedures for 2003, 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 03-8 included with these minutes.)
RESOLUTION 03-9 ADOPTED – NAMING OFFICIAL NEWSPAPER
City Manager Sparks commented that this resolution names the Albert Lea Tribune as the official newspaper for publication of legal advertising published during the year noting that the Tribune is the only newspaper of general circulation in the City.
Councilor Marin moved, Councilor Erdman seconded, that Resolution 03-9, naming the Albert Lea Tribune as the official newspaper for City legal advertising in 2003. 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 03-9 included with these minutes.)
RESOLUTION 03-10 ADOPTED – APPROVING HUMAN RIGHTS COMMISSION BY-LAWS
City Manager Sparks explained that the Human Rights Commission has reviewed and recommended proposed by-laws for the commission.
After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 03-10, approving the Human Rights Commission by-laws, 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 03-10 included with these minutes.)
ORDINANCE 57, 3D INTRODUCED – AMENDING CITY CODE CHAPTER 2 RELATING TO THE HUMAN RIGHTS COMMISSION
City Manager Sparks explained that this ordinance amends City Code Chapter 2 relating to the Human Rights Commission.
Councilor Amundson introduced Ordinance 57, 3d. Ordinance 57, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.
(See Secretary’s Original Ordinance 57, 3d included with these minutes.)
RESOLUTION 03-11 ADOPTED – APPROVING ST. JOHN’S LUTHERAN HOME CONDITIONAL USE PERMIT AMENDMENT
City Manager Sparks commented that the Planning Commission had met on January 9 and recommended Council approval of an amendment to the Condition Use Permit for St. John’s Lutheran Home to permit the construction of a garage.
Councilor Erdman moved, Councilor Brooks seconded, that Resolution 03-11, approve St. John’s Lutheran Home Conditional Use Permit amendment, be approved. On roll call vote, all Councilor voted in favor of Resolution 03-11. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 03-11 included with these minutes.)
MAYOR’S ASSIGNMENTS
Mayor Eaton presented the following list of Council ex-officio assignments to various City boards and commissions:
Human Rights Commission Councilors Kron and Marin
Planning Commission Councilor Erdman
Planning and Zoning Board Councilor Fjelstad
Library Board Councilor Amundson
Airport Commission Councilor Brooks
Park & Recreation Advisory Board Councilor Brooks
Convention and Visitors Board Councilor Marin
Councilor Marin moved, Councilor Amundson seconded, that the above-listed Council ex-officio assignments be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the assignments confirmed.
RESOLUTION 03-12 ADOPTED – APPROVING ADDITIONAL FCHS SUPPORT
City Manager Sparks explained that at the end of 2002, the Council held discussions with the Freeborn County Historical Society about its allocation for 2003 and an unresolved issue of additional support to the Society in the amount of $2500.
Bev Jackson, Director of the Freeborn County Historical Society, told the Council that a portion of these funds will be used for payment of an insurance increase. When questioned about the planned addition at the facility, she explained that the plans have been put on hold until the board is able to stabilize its operating expenses.
After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that the additional support to the Freeborn County Historical Society in the amount of $2500 be approved with the understanding that this is a one time increase. 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 03-12 included with these minutes.)
RESOLUTION 03-13 ADOPTED – APPROVING 2003 HRA AGENCY PLAN
City Manager Sparks reported that this resolution approves the agency plan for the Housing and Redevelopment Authority for 2003. He recommended the City Council retain the Small Cities Grants and may want to consider retaining the Tax Credits also.
After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 03-13, approving the 2003 HRA agency plan, excluding the Tax Credits authority and the Small Cities grants, 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 03-13 included with these minutes.)
RESOLUTION 03-14 ADOPTED – AUTHORIZING PAY EQUITY PLAN SUBMISSION
City Manager Sparks reported that this resolution authorizes submission of the Pay Equity Implementation Report and Plan to the Minnesota Department of Employee Relations.
After Council discussion, Councilor Amundson moved, Councilor Fjelstad seconded, that Resolution 03-14, authorizing pay equity plan submission, 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 03-14 included with these minutes.)
RESOLUTION 03-15 ADOPTED – AUTHORIZING PURCHASE OF G.I.S. SURVEY EQUIPMENT
City Manager Sparks told the Council that this resolution authorizes the purchase of G.I.S. survey equipment which was budgeted in the 2003 budget. He noted that this is a joint effort with Freeborn County and would cause problems for both engineering departments if not approved.
After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 03-15, authorizing the purchase of the G.I.S. survey equipment at a City cost of $30,035.45, 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 03-15 included with these minutes.)
RESOLUTION 03-16 ADOPTED – APPROVING PERSONNEL RULES SEVERANCE PAY PROVISION AMENDMENT
City Manager Sparks explained that this resolution amends the severance pay provision in the Personnel Rules to provide that when an employee is eligible to receive a retirement benefit under P.E.R.A., SSI or disability, regardless of age, that their severance would be paid into a post-retirement health care fund.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-16, approving an amendment to the personnel rules severance pay provision, 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 03-16 included with these minutes.)
RESOLUTION 03-17 ADOPTED – APPROVING CONTRACT WITH BARR ENGINEERING
City Manager Sparks stated that this resolution approves a contract in the amount of $4000 with Barr Engineering for a wellhead protection plan for the City’s water systems as required by State and Federal law.
After Council discussion, Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 03-17, approving a contract with Barr Engineering in the amount of $4000 for a wellhead protection plan for the City’s water systems, 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 03-17 included with these minutes.)
RESOLUTION 03-18 ADOPTED – APPROVING A CONTRACT WITH TERRACON
City Manager Sparks reported that this resolution approves a contract with Terracon in the amount of $28,000 to prepare plans for monitoring work to be done at the Albert Lea demolition landfill. This plan is a necessary part of the permit renewal for the demolition landfill.
After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that Resolution 03-18, approving a contract with Terracon for the preparation of plans for demolition landfill monitoring, 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 03-18 included with these minutes.)
LEAF BURNING BAN DISCUSSED
City Manager Sparks announced that in an earlier Council meeting, the issue of a leaf burning ban was continued to the first meeting in January. He noted that the City provides a compost pile for leaves at the City Transfer station and that the City cannot afford to implement any alternatives for leaf disposal.
Sandra Chapman, 1438 Frank Hall Drive, told the Council that she had provided a report from the American Lung Association noting that the report explains that the particulates in the burning leaves cause cancer and lung disease. She also presented a petition signed by persons in favor of a leaf burning ban.
Arnold Schember, 210 McArthur Drive, appeared in favor of leaf burning and requested one week of flexible burning.
Patrick Corrigan, 814 Frank Hall Drive, appeared in favor of the leaf burning ban.
Council discussion centered around the need to extend hours at the landfill to permit dumping of leaves with a ban or permit burning every day for a specified period of time. A request for the Fire Department’s position on leaf burning was issued.
Keith Register, rural Albert Lea, appeared in favor of leaf burning.
Fire Chief Richard Sydnes commented that when the leaf burning period is in effect, the Fire Department receives numerous calls complaining about the smoke and odor. He also noted that if it rains the day before a burning day that people will burn wet leaves.
Julie Lokken, 2129 North Bridge, appeared in favor of the ban. She noted that as an employee at the transfer station that they are open two nights per week and suggested that the Council could authorize an additional night. She also suggested that perhaps the Sentence to Serve group or a church group could implement a program to pick up leaves at residences and take them to the transfer station. She also noted that individuals currently provide raking and hauling services for a fee.
Don Sorensen, rural Albert Lea, told the Council that he has 300 trees on his property and that he mulches, composts and burns the leaves noting that the compost pile provides good black dirt for gardens.
Additional Council discussion included the health risks, the fact that individuals burn more than leaves on burning days, a need to expand hours if the ban is put in place and complaints received from residents on burning days.
After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that the City ban the burning of leaves. On roll call vote, Councilors Erdman, Marin and Mayor Eaton voted in favor of the ban with Councilors Amundson, Fjelstad and Brooks opposed. The motion fails for lack of a majority.
RESOLUTION 03-19 ADOPTED – ACKNOWLEDGING MPCA INVESTIGATION OF EDGEWATER PARK/FORMER ALBERT LEA DUMP SITE
City Manager Sparks explained that this resolution acknowledges the Minnesota Pollution Control Agency’s intent to investigate Edgewater Park/former Albert Lea Dump site to ensure that the project continues to move forward and that the MPCA intends to hire Terracon to perform additional investigation work and to prepare a Focused Feasibility Study and a Response Action Plan for the site. He noted that this investigation will be at no cost to the City.
After Council discussion, Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 03-19, acknowledging the Minnesota Pollution Control Agency’s intent to hire Terracon to perform a Phase II Assessment, Focused Feasibility Study and Response Action Plan for the Edgewater Park/Former Albert Lea Dump site and that the City allows the work at that site to be performed, 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 03-19 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor Erdman:
(a) Noted that it is an honor and a privilege to serve as Second Ward Councilor. He noted that he received several comments and calls regarding the following:
(1) Requested a four-way stop at First Avenue and Clark Street. The Engineering Department will look at this again. City Manager Sparks stated that Clark Street is a collector street and as such no stop signs are installed to permit adequate traffic flow.
(2) Cited speeding on Lakeview Boulevard, Sunset Street and Vine Avenue.
(3) Reminded the public of the crosswalk law noting that it is being violated throughout the city.
(4) Commented on garbage and littering around the City and trashy yards. He requested citizens clean-up after themselves and work at selling our city.
(5) Noted that no one is mowing around Dane Bay specifically along Blackmer Avenue and Abbott Street.
(6) Stated that the dead end sign for Abbott Street is too far up (near Winter).
(7) Asked about the old high school. Mayor Eaton noted that she had spoken to the owner, Ed Rymer and that he will be meeting with his people next week. She commented that he is interested in housing and keeping the auditorium in place. She will contact him in the next week or two to find out what will be happening. Councilor Marin commented that he had the names of two individuals who are interested in contacting the owner and that he would provide those names to the Mayor.
Third Ward, Councilor Marin:
(a) Congratulated the Mayor on her election and noted that the coming term will be a tough one.
(b) Requested that Public Items be placed higher on the agenda. Mayor Eaton told Councilor Marin that they could discuss this item as a group at a later date.
Fourth Ward, Councilor Fjelstad:
(a) Congratulated Mark Behrends on his election as the County Board Chair.
(b) Commented that the residents would benefit from the new Council. He assured the residents that the group will remain inquisitive, constructive and non-political.
(c) He urged residents to remain positive about Albert Lea’s future and to start working toward a positive attitude.
Sixth Ward, Councilor Brooks:
(a) Noted that an accident had occurred at the intersection of Sixth Street and St. Joseph Avenue and requested that the Engineer look at this uncontrolled intersection for solutions.
(b) Thanked staff for the additional canisters placed at the channel.
PUBLIC ITEMS
Earl Christensen, 1008 Elmhill Drive, appeared in opposition to the change to monthly billing. City Manager Sparks told Mr. Christensen that he could pay in advance. Councilor Amundson noted that direct deposit is also available.
Mayor Eaton:
(a) Thanked the City Council and the citizens in attendance at tonight’s meeting, demonstrating an interest and enthusiasm for our community.
(b) Commended Lori Barkema and her Library staff for the increase in usage of the Library. The Library reached a milestone in usage in 2002.
(c) Invited the public to a “Meet the Mayor and Council” night at the Elks Club between 7 p.m. and midnight on Friday, January 31. She noted that there would be a receiving line between 7 and 8 p.m. with donated food, punch and a DeeJay at not cost to the City.
ADJOURNMENT – 9:00 P.M.
Councilor Marin moved, Councilor Amundson 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 27, 2003. 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 14, 2003.
_______________________________ ________________________________
Secretary of the Council Mayor