Albert Lea, MN 

December 13, 2004

Pastor Matt Hundley, Vineyard Christian Fellowship, offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:00 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, City Attorney Steve Schwab, Council Secretary Sandi Behrens and representatives from the Albert Lea Tribune, KATE Radio, KAAL-TV, KTTC-TV and KMSP-TV.

The Pledge of Allegiance was recited.

 

(a)  APPROVAL OF THE MINUTES FROM THE REGULAR COUNCIL MEETING OF NOVEMBER 22, 2004.

 

(b)  LICENSES APPROVED:

 

ANNUAL LICENSES

 

SIGN HANGER

 

Thomas Electric Co., 3219 South Birch Drive, Mason City, IA

 

TEMPORARY LICENSES

 

OFF-PREMISES LIQUOR

 

Aragon Bar, 130 West College for Christmas parties at the Freeborn County Fairgrounds on December 10, 11 and 19, 2004

 

Tienda Mexico, 2001 East Main Street, for a New Year's Eve dance at the Freeborn County Fairgrounds on December 31, 2004

 

PUBLIC DANCE

 

Marcelino Talamantes, 248 North Broadway, Alden, for a New Year's Eve dance at the Freeborn County Fairgrounds on December 31, 2004 from 8 p.m. to 1 a.m.

(c)  CALLING A PUBLIC HEARING FOR THE TRANSFER OF THE CUBBY HOLE CONSUMPTION AND DISPLAY PERMIT FROM WILLIE NELSON TO DAVID REISEWITZ FOR DECEMBER 27, 2004.

 

(d)  RESOLUTION 04-251 ADOPTED – CALLING A HEARING FOR ALLOCATION OF POLICE AND FIRE PENSION INTEREST EARNINGS: Resolution 04-251 calls for a public hearing for allocation of police and fire pension interest earnings for December 27, 2004.

 

(See Secretary's Original Resolution

04-251 included with these minutes.)

 

(e)  RESOLUTION 04-252 ADOPTED – CLAIMS: Resolution 04-252 presents the financial claims of the City.

(See Secretary's Original Resolution

04-252 included with these minutes.)

Councilor Marin 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.

City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:

Mr. Bok requested something in writing regarding the lean-to issue on Cato Drive. A letter has been sent to Mr. Bok.

Mr. Bok requested a current City map be placed on the wall of the Council Chambers. There is no requirement for this but staff will consider this request.

A concern was expressed with regarding to the Chamber of Commerce office in the basement of Home Federal being inaccessible. The building meets ADA requirements and having an office in the basement is not against the building code. No remodeling of the area has been done. The public is able to meet with staff upstairs which is accessible.

A question was raised regarding the rubbish outside and in back of Poole Electric. Several businesses along East Main Street were affected by the September flood and still have trash behind the buildings. City staff is working with those businesses to look at some possible plans to relocate and if they choose to remain, we will be assisting them with removing trash in the area.

Regarding the pavilion for Pioneer Park, the City had applied for a grant for this project and was not a grant recipient. Staff will continue to pursue funding for this project in 2005.

With regard to the question of why the peninsula on Front Street has not been cleaned up, the Rotary Club, in discussions with Parks and Recreation staff have decided to keep the area in a more natural state. Parks and Recreation staff will continue to work with the club to find an appropriate project.

A concern was raised regarding the filling of a ditch north of 1713 Stevens Road. This is a high point in the roadway and the fill that was placed doesn’t affect drainage. The ditch was partially filled this past summer and the violator was notified that if more material is brought in, they will be required to move all of the material out. Since notification, no new materials have been placed in the ditch.

Councilor Erdman requested that the City pursue a storefront façade program for downtown businesses. The staff is currently pursuing and gathering information from other communities that have this program in place and we will be working with our newly formed Historic Preservation Commission to put a program together for 2005.

Mayor Eaton stated that on advice of counsel, she couldn’t comment on the events of the past week. She said she is looking forward to getting the issue resolved as quickly as possible. She commented that she has dedicated her life to Albert Lea and that she intends to continue as Mayor to finish the work that has been started. She asked for the community and City Councilors continue to focus on the issues facing the City and thanked everyone for prayers and support.

James Brossard, 115 McArthur Drive, told the Mayor that if she is guilty that she should step down as this is not helping the City.

Mayor Eaton opened the Truth-in-Taxation Hearing Subsequent. There was no public comment. Mayor Eaton closed the hearing and announced that this hearing completes the requirements of the process.

City Manager Simonsen explained that this resolution establishes the property tax levy for the City totaling $2,819,150, a 25.1 percent increase due to the reduction in local government aid and decreases in other City revenue categories.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-253, adopting the 2005 tax levy, be adopted. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Marin who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

04-253 included with these minutes.)

City Manager Simonsen reported that the budget has been presented and reviewed by the City Council at several work sessions. The 2005 budget shows a slight decrease from the 2004 budget which is misleading because the 2004 budget included expenditures for storm sewer and street lighting, which have been carved out of the general fund and made into two new enterprise funds. The 2005 budget is actually a 2.5 percent increase from 2004. The primary increase is attributable to an increase in health insurance rates. Additional increases are the result of salaries, property/liability insurance, new playground equipment, aerial photography and lakeshore improvements at Edgewater Bay. Ms. Simonsen went on to explain that 39 percent of the general fund expenditures are related to public safety, 19 percent for public works, 11 percent for general government and 25 percent for culture and recreation with the remaining six percent for debt service, conservation and development and miscellaneous expenses.

Roger Bok, 1012 Cato Drive, commented that the budget is to be printed in the official paper. Ms. Simonsen commented that a Truth-in-Taxation notice, required by state statute, was published identifying the changes between the 2004 and 2005 budgets.

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 04-254, accepting the 2005 annual budget, 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

04-254 included with these minutes.)

City Manager Simonsen noted that this resolution is required for the budget to be effective January 1, 2005.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-255, appropriating funds for fiscal year 2005, 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

04-255 included with these minutes.)

Mayor Eaton opened a public hearing for the issuance of an on-sale intoxicating liquor license and Sunday on-sale intoxicating liquor license to the Ramada Inn of Albert Lea. The necessary notice for this hearing was published on November 26, 2004.

No one appeared to be heard. Councilor Fjelstad moved, Councilor Amundson seconded, that the liquor licenses for the Ramada Inn 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.

City Manager Simonsen explained that the Fraternal Order of Eagles Cancer Committee has requested approval for special use of the alley and four to six parking stalls in the adjacent lot, closing of St. Mary Avenue between Main and William, use of electricity from the Morin Park warming house, placement of advertising placards and a Mayor’s proclamation renaming the alley Eagle Lane on Saturday, January 15 between 8 a.m. and 4 p.m.

Mayor Eaton read the proclamation.

Councilor Erdman moved, Councilor Kron seconded, that the request of the Eagles Club as recited by the City Manager, be approved. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen stated that the Albert Lea Lakes Improvement Committee has requested the City remove trash collected around the lakes and placed in specially marked bags and left near the Pelican Breeze area on a regular basis. She explained that the committee has divided the lakes into different districts and those appointed to a specific district will continue with clean-up in their district on an on-going basis.

After Council discussion, Councilor Erdman moved, Councilor Kron seconded, that the Albert Lea Lakes Improvement Committee request, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.

City Manager Simonsen reported that the City had received a request from the Bayside Ski Club to work with them on the design and development of a beach area on Edgewater Bay to be used for public purpose and that the Park and Recreation Advisory Board has discussed this item and voted unanimously to endorse the project.

Doug Edwards, representing the Bayside Ski Club, explained the request to the Council. He noted that the club has secured the bid for the 2006 Midwest Regional Tournament pending tournament site specification requirements being met. The Board is hoping to bid on other show ski tournaments including division 1 and 2 national tournaments. Mr. Edwards explained that the club is working with the City, the Watershed Board and the Department of Natural Resources exploring options to improve the shoreline and water site in the Edgewater Bay and would conduct fundraising activities to raise funds for the project

After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 04-256, authorizing the Bayside Ski Club request to design and development a beach area on Edgewater Bay under the direction of the City Parks and Recreation Staff, 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

04-256 included with these minutes.)

City Manager Simonsen reminded the Council that a resolution was passed in October forming a stormwater utility and a public lighting utility. She explained that staff is recommending a residential equivalency factor of $2.95 be adopted per residential parcel under one acre and a graduated system for commercial and industrial properties with a 25 percent credit for cemeteries and golf courses for the stormwater utility fee. Staff is recommending that all properties be charged $3.85 per parcel except for properties zoned B3 Central Business District which would have a charge of $7.70 for the public lighting utility. This resolution calls a public hearing to set rates for these utilities for December 27, 2004.

Councilor Erdman moved, Councilor Amundson seconded, that Resolution 04-257, calling a public hearing to set rates for stormwater and public lighting utilities for December 27, 2004, 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 called.

(See Secretary's Original Resolution

04-257 included with these minutes.)

City Manager Simonsen explained that the City’s water and sewer funds continue to operate at a loss. In 2002, the sewer fund showed a loss of $1,043,581, in 2003 a loss of $574,935 and the anticipated loss for 2004 is more than $500,000. Staff is recommending an increase in the sewer fund of 15 percent to cover the operating losses effective January 1, 2005. A 15 percent increase will generate approximately $1,244,000 of additional revenue which computes to a $2.81 increase per month to the average homeowner. Ms. Simonsen further noted that the water fund has operated with a loss between $75,000 and $139,000 the past three years and that staff is recommending a five percent increase to cover the operating loss. The proposed increase would generate approximately $300,000 of additional revenue with an effective date of January 1, 2005 which computes to a $0.50 increase per month for the average homeowner.

Roger Bok, 1012 Cato Drive, questioned the computations. City Manager Simonsen explained that the staff takes actual operating expenses and figure it into the number of users. It is formula driven. Mr. Bok requested a formula in writing.

After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that Resolution 04-258, calling a public hearing for sewer and water rate increases for December 27, 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

04-258 included with these minutes.)

City Manager Simonsen announced that the current Mayor Pro Tempore, Warren Amundson, will be out of the country for the Council’s next regular meeting and therefore it is necessary for the City Council to appoint a Mayor Pro Tem.

Councilor Erdman moved, Councilor Kron seconded, that Councilor Al Brooks be appointed Mayor Pro Tempore for December 27, 2004. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Brooks who abstained. Mayor Eaton declared the motion carried.

City Manager Simonsen explained that the Police Department is requesting the use of police and fire pension interest funds from 2004 be used toward the purchase of 10 mobile computing units to be placed in police department squad cars. The approximate cost of the purchase is $216,000. She noted that the mobile computers will allow direct access to Law Enforcement Center files, State files and criminal justice records and will alleviate some of the pressure on dispatchers.

No action was taken as a public hearing is required before funds may be allocated.

City Manager Simonsen noted that the Police Department has been awarded an Office of Justice Program’s Law Enforcement Block Grant in the amount of $6000 for the purchase of six less-than-lethal taser devices. This resolution authorizes staff to sign the grant agreement. She also noted that the grant requires $667 in matching funds which will come from the Police Department’s forfeiture fund.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that Resolution 04-259, accepting the Office of Justice Program’s Law Enforcement Block Grant for taser devices, 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

04-259 included with these minutes.)

City Manager Simonsen explained that the Parks & Recreation Department is requesting permission to purchase a used NHL Dasher Board System to replace our 30-year-old dasher boards at the City Arena. The cost of a new system is between $140,000 to $150,000 and the City has an opportunity to purchase a system in Las Vegas fir $45,000 and an additional $5000 for shipping.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 04-260, authorizing the purchase of the hockey dasher board system described by the City Manager, 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

04-260 included with these minutes.)

City Manager Simonsen reported that Jones, Haugh & Smith has prepared a legal description and survey for Root River Hardwoods of Lots 4 and 5, Block 3, Bridgeport Subdivision and the City Planner is recommending approval of the administrative survey.

Councilor Brooks moved, Councilor Kron seconded, that Resolution 04-261, approving an administrative survey of Lots 4 and 5, Block 3, Bridgeport Subdivision, 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

04-261 included with these minutes.)

City Manager Simonsen told the Council that this resolution declares that the City declines to waive the monetary limits on municipal tort liability established by Minnesota Statutes. The law permits the City to waive the limits, but requires a higher limit liability coverage at a higher cost to the City for insurance. The law also requires the City to declare our intent to maintain the statutory limits as declared by this resolution.

Councilor Amundson moved, Councilor Brooks seconded, that Resolution 04-262, not waiving monetary limits on tort liability, 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

04-262 included with these minutes.)

City Manager Simonsen requested the City Council allow an addition to the Council’s Agenda.

Councilor Kron moved, Councilor Amundson seconded, that an addition to the Council Agenda be permitted. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Simonsen explained that she had received a request from MetroPlains to amend the purchase agreement for the Lea Center Building. The amendment includes an indemnification by the seller limited to hazardous substances associated with the former One-Hour Martinizing building. She noted that the City has done environmental studies on the building and the fuel tanks adjacent to the building but no actual studies have been done on the One-Hour Martinizing building. City Engineer Jahnke mentioned that one boring was done 25 feet down on the martinizing property but there was no contamination. The City Attorney has no objection to the amendment.

After Council discussion, Councilor Kron moved, Councilor Fjelstad seconded, that Resolution 04-263, authorizing amendment to the MDI Limited Partnership #75 purchase agreement 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

04-263 included with these minutes.)

(1) Commented that she and Councilor Erdman have met with the Shellrock River Watershed Board and the Freeborn County Commissioners to discuss watershed issues and sales tax issues and additional discussion will include who will take the lead and what projects will be in place and setting forth a resolution that all can agree with.

First Ward, Councilor Amundson:

(1) Thanked constituents, councilors and mayors who he has had contact with during his eight years as First Ward Councilor. He commented that it has been an honor and a privilege to serve the City and he wished his successor well. He will continue to be involved in various community boards. He wished everyone a happy holiday and a prosperous new year.

Second Ward, Councilor Erdman:

(1) Told the representatives of the Shellrock Watershed Board and County Commissioners that the Council has not yet been able to examine their proposal.

(2) Wished luck to Councilor Amundson.

(3) Commended Mayor Eaton for her courage this evening.

Third Ward, Councilor Marin:

(1) Moved to approve two-hour parking signs on the west side of Maplehill Drive by Senior Towers. The seniors attending the SEMCAC meals at that location are experiencing difficulty with the lack of parking in that area. Councilor Erdman seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

04-264 included with these minutes.)

 

(2) Noted that he has received many complaints concerning monthly billing and requested the Council consider going back to quarterly billing.

Fourth Ward, Councilor Fjelstad:

(1) Requested the City Manager look into the issue of creating a card room in Albert Lea. He has been approached by people interested in opening one similar to the card room at Canterbury Park.

(2) Expressed his disgust that Mayor Eaton hasn’t communicated with the members of the City Council. He understands that her attorney is recommending she not discuss the issue but if the Council is going to work as a team, open communication is essential. Mayor Eaton apologized and told Councilor Fjelstad that she will improve communication with the Council.

Art Anderson, 2217 Margaretha, relayed his concern for Albert Lea, complained about the lack of democrats on committees, expressed concern for senior citizens with increases in Medicare and health insurance, commented that the Chamber had not assisted the DFL when they had their convention and asked what a JOBZ zone is. Mayor Eaton suggested that Mr. Anderson make an appointment with her so they could discuss his concerns.

Councilor Amundson moved, Councilor Marin 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 27, 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 December 14, 2004.

/S/ Sandi Behrens                                                                 /S/ Jean Eaton                                                         

Secretary of the Council                                                        Mayor

Old City Council Minutes

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