Albert Lea, MN February 10, 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.
ROLL CALL
Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Council Secretary Sandi Behrens and representatives from KATE Radio, KTTC-TV and the Albert Lea Tribune.
The City Council recited the Pledge of Allegiance.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF JANUARY 27, 2003.
(b) APPROVED RESIDENTIAL REFUSE HAULER ANNUAL LICENSE FOR AMERICAN, P. O. BOX 563, BLOOMING PRAIRIE.
(c) RESOLUTION 03-30 ADOPTED - CLAIMS: Resolution 03-30 presents the
financial claims of the City.
(See Secretary's Original Resolution
03-30 included with these minutes.)
Councilor Amundson moved, Councilor Marin 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.
LIQUOR LICENSE TRANSFER – PUBLIC HEARING
Mayor Eaton opened a public hearing for the transfer of the Village Chateau Motor Inn, Inc. d/b/a Budget Host Albert Lea Inn liquor licenses to J.K.D. LLC d/b/a Dillan’s Restaurant, at 2301 East Main Street. The necessary notice for this hearing was published on January 31, 2003. No one appeared to be heard.
Councilor Kron moved, Councilor Brooks seconded, that the transfer of intoxicating on-sale and Sunday on-sale liquor licenses from Village Chateau Motor Inn, Inc. to J.K.D. LLC d/b/a Dillan’s Restaurant, be approved. Mayor Eaton declared motion carried and the public hearing closed.
RESOLUTION 03-31 ADOPTED – PERMITTING AEROBATICS COMPETITION AT THE ALBERT LEA AIRPORT
City Manager Sparks explained that this resolution permits the International Aerobatic Club’s 11th annual North Central Aerobatics competition at the Albert Lea Airport September 5, 6 and 7, 2003.
Council discussion centered around practice time for this competition prior to the event.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-31, permitting use of the Albert Lea Airport for the 11th annual North Central Aerobatics competition September 5, 6 and 7 with practice occurring the week before the competition, 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
03-31 included with these minutes.)
RESOLUTION 03-32 ADOPTED – ALLOWING PUBLIC ACCESS TO LAKE CHAPEAU
Mayor Eaton explained that the City has received a request for public access to Lake Chapeau.
Tom Tubbs, 2734 Campus Lane, appeared to be heard. He explained that the City owns an easement right in Chapeau Shores 2nd Addition and that the residents of the area are requesting that this access way be authorized for use by the public to the shoreline. He noted that a woodchip walkway has also been built which runs parallel with Sunset, then crosses Sunset to the north. He has visited with the residents on Meadow Lane and Trollwood and they do not object to public use of this access. He also commented that the Minnesota Department of Natural Resources will assist in stocking the lake if this public access is authorized.
After Council discussion, Councilor Erdman moved, Councilor Marin seconded, that Resolution 03-32, allowing public access on a City-owned easement known as Outlot C to the Lake Chapeau shoreline, 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
03-32 included with these minutes.)
RESOLUTION 03-33 ADOPTED – AUTHORIZING FESTIVAL OF BANDS SUPPORT
Mayor Eaton explained that this resolution authorizes financial support to the Festival of Bands.
Dick Hench, 305 Lakeview Boulevard, appeared before the Council to respond to questions relating to the group’s request for $1000 in support of the Festival of Bands. He commented that without the community’s generosity the Festival would not exist. The committee consists of all volunteers and the budget for this year’s festival is $25,000. All funds raised are put back into the festival.
Council discussion included the costs incurred, the fact that this is a one-day event, what the economic impact is, the large crowd of spectators, a need for an economic impact study and the donors list.
After Council discussion, Councilor Fjelstad moved, Councilor Amundson seconded, that Resolution 03-33, authorizing Festival of Bands support in the amount of $1000 be approved. 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
03-33 included with these minutes.)
RESOLUTION 03-34 ADOPTED – AUTHORIZING PELICAN BREEZE SUPPORT
Mayor Eaton announced that the Pelican Breeze is requesting $1000 in support to help pay the rising insurance costs for the boat.
Marlys Webber, 20749 794th Avenue, appeared to answer any Council questions regarding the request.
Discussion centered around the types of groups using the boat, a need for an economic impact study, the fact that people riding on the Pelican Breeze often eat on the boat, thus supporting local restaurants and that on occasion, people staying in the motels see the brochure and take the cruise.
Don Sorensen, 72823 220th Street, owner of Café Don’L, told the Council that they have served a lot of groups at the restaurant who had been riding on the Pelican Breeze and commented on the size of the lake. He said that the Pelican Breeze is one of the best advertising tools for Albert Lea Lake.
After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-34, authorizing $1000 in support of the Pelican Breeze, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Marin who voted nay and Mayor Eaton who abstained. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution
03-34 included with these minutes.)
ORDINANCE 58, 3d ENACTED – ACCEPTED MUNICIPAL BOUNDARY ADJUSTMENTS ORDER FOR ARENDT ANNEXATION – PUBLIC HEARING
Mayor Eaton explained that this Ordinance accepted the Minnesota Office of Strategic and Long Range Planning’s Annexation Order for the Arendt property on Stevens Street. The necessary notice for this hearing was published on January 31, 2003.
No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 58, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance
58, 3d included with these minutes.)
ORDINANCE 59, 3d ENACTED – ACCEPTED MUNICIPAL BOUNDARY ADJUSTMENTS ORDER FOR KORTAN ANNEXATION – PUBLIC HEARING
Mayor Eaton explained that this Ordinance accepted the Minnesota Office of Strategic and Long Range Planning’s Annexation Order for the Kortan property on West Ninth Street. The necessary notice for this hearing was published on January 31, 2003.
No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 59, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance
59, 3d included with these minutes.)
ORDINANCE 60, 3d ENACTED – ACCEPTED MUNICIPAL BOUNDARY ADJUSTMENTS ORDER FOR COUNTY ROAD 46 ANNEXATION – PUBLIC HEARING
Mayor Eaton explained that this Ordinance accepted the Minnesota Office of Strategic and Long Range Planning’s Annexation Order for the County Road 46 between Trail’s Travel Center and County Road 38. The necessary notice for this hearing was published on January 31, 2003.
No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 60, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance
60, 3d included with these minutes.)
ORDINANCE 61, 3d ENACTED – ACCEPTED MUNICIPAL BOUNDARY ADJUSTMENTS ORDER FOR KORTAN ANNEXATION – PUBLIC HEARING
Mayor Eaton explained that this Ordinance accepted the Minnesota Office of Strategic and Long Range Planning’s Annexation Order for the Kortan property on West Ninth Street. The necessary notice for this hearing was published on January 31, 2003.
No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 61, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance
61, 3d included with these minutes.)
ORDINANCE 62, 3d ENACTED – ACCEPTED MUNICIPAL BOUNDARY ADJUSTMENTS ORDER AMENDING SUNDANCE SUBDIVISION ANNEXATION – PUBLIC HEARING
Mayor Eaton explained that this Ordinance accepted the Minnesota Office of Strategic and Long Range Planning’s Annexation Order amending the Sundance Subdivision annexation ordered in Ordinance 24, 3d. The necessary notice for this hearing was published on January 31, 2003.
No one appeared to be heard. On roll call vote, all Councilors voted in favor of Ordinance 62, 3d. Mayor Eaton declared the ordinance enacted and the public hearing closed.
(See Secretary’s Original Ordinance
62, 3d included with these minutes.)
MAYOR’S ITEMS
Mayor Eaton thanked those attending the Council meeting, recognized the Second Blandin group and thanked the community for attendance at the Meet the Mayor and Council at the Elks on January 31.
RESOLUTION 03-35 ADOPTED – APPROVING WATER TOWER USE LEASE WITH US CELLULAR
City Manager Sparks told the Council that City staff had met with representatives of US Cellular regarding its use of the downtown water tower.
Kurt Walter, Rochester, appeared before the Council representing US Cellular. Discussion with Mr. Walter included the possible benefits for the company if granted use of the tower.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-35, approving a lease with US Cellular for use of the downtown water tower at a cost of $1000 per month, 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
03-35 included with these minutes.)
RESOLUTION 03-36 ADOPTED – AUTHORIZING AGREEMENT TO PROTECT RIGHT-OF-WAY CONVEYED FOR PUBLIC USE
City Manager Sparks explained that the County is in the process of getting approvals to allow them to build their courthouse expansion as designed. Part of that process requires them to use a portion of the right-of-way on Broadway. They have made a request to the State of Minnesota for a Release of Restrictions on the right-of-way and the State is agreeing to do this if the City agrees to maintain the integrity of the right-of-way. He noted that staff has no objection to this request.
Councilor Kron moved, Councilor Marin seconded, that Resolution 03-36,authorizing an agreement to protect right-of-way conveyed for public use, 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
03-36 included with these minutes.)
ORDER FOR REMOVAL OF 1520 EAST HAWTHORNE
City Attorney Schwab told the Council that the structure is in a dilapidated condition and that the City is interested in seeing the structure removed. The owners of the property have hired a Minneapolis attorney who has asked for a continuance of the discussion. He noted that this order may end up going to Court and the City would get a more favorable response from the Court if individuals involved were permitted an opportunity to address the Council with regard to this issue. He also commented that the owner is concerned that the City would not permit a duplex on that location and he urged him to begin the application process.
Councilor Fjelstad moved, Councilor Brooks seconded, that this order be tabled to the next Council meeting. A motion to table is not debatable. On roll call vote, all Councilors voted in favor of the motion to table. Mayor Eaton declared the motion carried and the item tabled to the Council’s regular February 24 Council meeting.
RESOLUTION 03-37 ADOPTED – CALLING A PUBLIC HEARING FOR JOB 0305
City Manager Sparks related that a feasibility report on the reconstruction of St. Joseph Avenue from Fifth Street to Seventh Street had been prepared by the City Engineer. The project consists of the total reconstruction including sewer and watermain replacement. He noted that as a result of the City’s subterranean investigations of sewer lines, that it has been determined that the line is a major cause of storm water infiltration and backup problems in the area. He recommended the Council proceed with the project in spite of the City’s budgetary constraints noting that funds would be provided by the General Fund Designated for Street Construction Account.
After Council discussion, Councilor Brooks moved, Councilor Fjelstad seconded, that Resolution 03-37, calling a public hearing for Job 0305 for March 10, 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
03-37 included with these minutes.)
RESOLUTION 03-38 ADOPTED – ACCEPTING PETITION FOR ANNEXATION
City Manager Sparks explained that this resolution accepts the petition for annexation from Sharon Astrup-Scott for property owned in Section 11-T102N-R21W. He commented that it may be possible to use tax increment for the Pro Trucking area, the Ackland/Astrup-Scott area and the Freeborn-Mower Cooperative Services property. He noted that if the Ackland project doesn’t proceed that the City has no interest in annexing the farmland.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-38, accepting the petition for annexation from Sharon Astrup-Scott, 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
03-38 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor Erdman:
(a) Commented on the State financial problems and the fact that the public and the staff must realize that local government aid cuts will severely curtail the City’s ability to function as in previous years. The City will not be able to support many of the functions it currently does and suggested that the Council needs to discuss the worst case scenario. Paul commented that he feels the cut will be about five percent for 2003 and that the Council can begin discussing plans for 2004 in early summer. He noted that the State Auditor is encouraging these cuts and suggested the Council wait to see what will come of this discussion. Councilor Erdman reminded the public that the City has the lowest tax rate of any City in Minnesota over 15,000 population.
Third Ward, Councilor Marin:
(a) Noted that the Council approved a contract for a downtown historic study at the last Council meeting and asked for an update. City Manager Sparks responded that the contract has not been signed yet.
(b) Councilor Marin then asked about the status of the Department of Trade and Economic Development grant for the Lea Center. Mr. Sparks responded that it is still in review and that it may be in jeopardy with the State fiscal unallotment.
(c) Councilor Marin then asked if we had sold the Lea Center Building to which City Manager Sparks responded that the company had not yet received a deed and would not receive it until they show proof of financing.
(d) Asked about water damage in the basement of the Lea Center. City Manager Sparks explained that there had been a waterline break and that it had been repaired.
(e) Asked about damage control at the vault/old bank building. Mr. Sparks explained that we are attempting to minimize costs and that there are no renters in that building and no prospects for purchasing it. We are not currently heating the building and much of the damage from no heat occurred prior to the City purchase of the building.
(f) Commented on the removal of the Serenity Prayer from the Council agenda. He indicated his disapproval with this removal and the manner in which it was removed. After further comments, Councilor Marin moved to reinstate the Serenity Prayer.
Mayor Eaton told the Council that she had no intention of insulting the Council with this issue and that it was her intention to follow through with the request of the majority of the Council to remove this item from the agenda and understands that she has the authority to do so. She apologized if her actions were misinterpreted. Mayor Eaton then called for a second to the motion on the table. No second was forthcoming. Mayor Eaton declared the motion fails for lack of a second.
Fourth Ward, Councilor Fjelstad:
(a) Noted that he had made a trip to 1520 East Hawthorne and found that the owner, Mark Moonier, was working at the house. He commented that Mr. Moonier is doing a lot of work on the building and that he is making a good effort.
ADJOURNMENT – 8:48 P.M.
Councilor Marin 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, February 24, 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 February 11, 2003.
_______________________________ ________________________________
Secretary of the Council Mayor
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