Pastor John Holt offered a prayer.

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 Pro Tempore Warren Amundson.

Present were Councilors Warren Amundson, Randy Erdman, Jeff Fjelstad, Mary Kron and Al Brooks. Absent was Mayor Jean Eaton and Councilor George Marin. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The Pledge of Allegiance was recited.

ANNUAL LICENSES

SIGN HANGER

Ace Neon Signs, 403 North Kiwanis Avenue, Sioux Falls, SD

TEMPORARY LICENSES

PUBLIC DANCE

Brian Burkard d/b/a Northwood Foods, 2124 West Edgewater Drive, for a Christmas party/dance on Saturday, December 6, 2003 at 7 p.m. at the Freeborn County Fairgrounds

(c) RESOLUTION 03-235 ADOPTED – APPROVES UTILITY POLE LEASE: Resolution 03-235 approves a contract between the City and Alliant Energy permitting the City to use power poles in the public right-of-way for city telecommunication services.

(See Secretary's Original Resolution 03-235 included with these minutes.)

(d) RESOLUTION 03-236 ADOPTED – APPROVES SOUTH SHORE DRIVE ADMINISTRATIVE SURVEY: Resolution 03-236 approves an administrative survey in Bohl’s Subdivision which combines property with an existing plat to create larger lots for Sharon Hemenway.

(See Secretary’s Original Resolution 03-236 included with these minutes.)

(e) RESOLUTION 03-237 ADOPTED – APPROVES AN ADMINISTRATIVE SURVEY ON Y. H. HANSON AVENUE: Resolution 03-237 approves an administrative survey of a tract in the North Industrial Park along Y. H. Hanson Avenue for Allan Larson.

(See Secretary’s Original Resolution 03-224 included with these minutes.)

(f) RESOLUTION 03-238 ADOPTED – AUTHORIZING QUIT CLAIM DEED AND APPROVING CORRECTION TO PLAT IN MORIN’S ADDITION: Resolution 03-238 authorizes a quit claim deed to Roy J. and Bernice A. Stevens for Lot 12, Block 6, Morin’s Addition and a correction to plat for Lots 7 and 12, Block 6, Morin’s Addition.

(See Secretary’s Original Resolution 03-238 included with these minutes.)

(g) RESOLUTION 03-239 ADOPTED – CALLING A HEARING FOR WAL-MART CURRENCY EXCHANGE LICENSE APPLICATION: Resolution 03-239 calls for a public hearing on December 22, 2003 to consider and pass upon a currency exchange license application to the Minnesota Department of Commerce from Wal-Mart Stores, Inc.

(See Secretary’s Original Resolution 03-239 included with these minutes.)

(h) RESOLUTION 03-240 ADOPTED - CLAIMS: Resolution 03-240 presents the financial claims of the City.

(See Secretary's Original Resolution 03-240 included with these minutes.)

Councilor Brooks moved, Councilor Kron seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the consent agenda items adopted.

Mayor Pro Tem Amundson opened a public hearing for the Truth-In-Taxation Hearing Subsequent. The necessary notice for this hearing was published on November 23, 2003.

Jerry Kaphers, 207 Willamor Road, asked for a short list of budget cuts. City Manager Sparks reported that there are cuts in the general public works funds and other budgets including Parks and Recreation, Arena, City Pool and the contingency fund. He explained that the increases to the general public will be noticed most in higher property taxes and charges for services. He explained that the cuts are a direct result of the state cuts to local government aid. If further cuts are required, they will include lay-offs and programs.

Mr. Kaphers explained that he wanted this explanation to become public record. With taxes increasing by 10 to 40 percent, the City has had to make cuts. Mr. Sparks responded that the City has tried to avoid making noticeable cuts. He also noted that the budget, tax levy and fund appropriation resolutions will be on the Council’s next agenda.

City Manager Sparks reported that due to unforeseen circumstances the representatives could not be present at the meeting.

City Manager Sparks explained that the City has received a request from Malcolm Prinzing, the property owner at 715 Lakeview Circle, to vacate that street. Mr. Prinzing owns all of the property surrounding the street and will maintain the circle as a private drive without any need for public investment. He recommended the Council refer the request to the City Clerk for the normal vacation procedure.

Councilor Erdman moved, Councilor Brooks seconded, that the request to vacate Lakeview Circle be referred to the City Clerk for code required vacation procedure. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the request referred.

City Manager Sparks told the Council that this resolution sets details for the vacation of the right-of-way in Katherine Street.

Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-241, setting details for the Katherine Street right-of-way vacation, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-241 included with these minutes.)

City Manager Sparks reported that this resolution establishes the final cost for traffic installation at Blake Avenue and East Main Street at $239,464.20 with a portion of this amount assessed to properties lying north of East Main and one-half to the south. A portion of the assessment on the south side of East Main will have to be held for future assessment to properties lying outside the City limits. He suggested calling a public hearing for December 22, 2003.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-242, calling for a public hearing for the adoption of assessments for Job 0232, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-242 included with these minutes.)

City Manager Sparks told the Council that this resolution establishes 2004 salaries and wages for non-union employees. He noted that the raises are in keeping with the contract amounts granted to union employees.

Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 03-243, setting non-union wages and salaries for non-union employees, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-243 included with these minutes.)

City Manager Sparks explained that this resolution approves an advance of $8000 from the General Fund to Tax Increment Finance District 5-14 to be used to pay for expenses in setting up the district.

Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 03-244, approving the advance of $8000 from the General Fund to Tax Increment Finance District 5-14, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-244 included with these minutes.)

City Manager Sparks commented that the staff is recommending replacement of the pumps and electronics in the Morin Park lift station. He noted that the pumps, motors and electrical controls were installed 50 years ago with upgrading over the years and that staff estimates that the pump is working at 25 to 30 percent capacity.

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that Resolution 03-245 authorizing Morin Park lift station pump replacement, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-245 included with these minutes.)

City Manager Sparks explained that this resolution sets the fees for 2004.

Councilor Fjelstad stated that he will abstain from voting on this resolution but that he believes that the fee should remain the same or be lowered.

Councilor Erdman moved to approve the fee schedule as presented with the exception of the on-sale intoxicating liquor fee to remain at $2000. Councilor Brooks seconded the motion.

Patrick Corrigan, 814 Frank Hall Drive, asked why the on-sale licenses are higher than club licenses. He suggested that the on-sale licenses remain the same but that club licenses be increased.

Councilor Fjelstad noted that he feels the increase is unfair, that he runs his business properly and shouldn’t be punished for other bars failing liquor compliance checks. He feels the checks are entrapment.

Councilor Erdman noted that the hospitality industry needs help not hindrance.

After Council discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-246 included with these minutes.)

City Manager Sparks reported that this resolution establishes the compensation levels for part-time firefighters. The pension contribution will go to $780 per firefighter for the first year of service and increase by $100 per year to a maximum of $1380 a year per firefighter. He noted that this increase is intended to recognize the extraordinary service we have received from the volunteers and their contribution to lowering City costs.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-247, setting compensation for part-time firefighters as explained by the City Manager, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-247 included with these minutes.)

Second Ward, Councilor Erdman:

(1) Noted that six or seven decorations in the downtown Christmas lights are not lit.

(2) Requested the City Manager put videotaping in the Council Chambers are the Council agenda.

(3) Has been contacted by Ed Rhymer requesting that he be placed on the Council agenda to discuss the old high school building. City Manager Sparks suggested that this item be discussed in a workshop session. Councilor Fjelstad asked whether the taxes and insurance for the building are up-to-date.

Sixth Ward, Councilor Brooks:

(1) Requested a public hearing on the Doug Lembke berm on South Shore Drive. Councilor Fjelstad felt that we had sent it back to the County unsigned which should have settled the issue.

Mark Behrends, Freeborn County Commissioner, explained that the County Board didn’t want to hinder any plans that the City Engineer may want to do in the area. The County Engineer was working closely with the City Engineer on the issue. He felt that if the City holds a public hearing on the matter and says no that the berm would need to come out.

Councilor Brooks moved, Councilor Erdman seconded, that Resolution 03-248, calling a public hearing relating to removal of the berm, be approved.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Kron who voted 'nay'.  Mayor Pro Tem Amundson declared the motion carried and the resolution adopted.   

(See Secretary’s Original Resolution 03-248 included with these minutes.)

 

Glen McDaniel, 701 Garfield Avenue, asked why there is no sidewalk on the west side of Garfield and no crosswalk near the railroad tracks.

Councilor Brooks moved, Councilor Fjelstad 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, December 22, 2003. On roll call vote, all councilors voted in favor of said motion. Mayor Pro Tem Amundson declared the motion carried and the meeting adjourned.

Filed and attested December 9, 2003.

_/S/ Sandi Behrens________________                                            _/S/ Warren Amundson______________

Secretary of the Council                                                                         Mayor Pro Tempore