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Pastor John Henriksen, Grace Lutheran Church, 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.
ROLL CALL
Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, Al Brooks, and Mayor Jean Eaton. Also present were City Attorney Steve Schwab, Public Works Director Steve Jahnke, Acting Council Secretary Allison Folie and representatives from the Albert Lea Tribune and KATE Radio.
The Pledge of Allegiance was recited.
CONSENT AGENDA
(a) APPROVAL OF THE MINUTES FROM THE EMERGENCY MEETINGS OF DECEMBER 3, 2004 AND DECEMBER 23, 2004, THE TRUTH-IN-TAXATION INITIAL HEARING FROM DECEMBER 6, 2004, AND THE REGULAR COUNCIL MEETING OF JANUARY 24, 2005.
(b) LICENSES APPROVED:
ANNUAL LICENSES
BILLIARDS/POOL TABLES The Cubby Hole, 721 Marshall, Albert Lea
CIGARETTE The Cubby Hole, 721 Marshall, Albert Lea
MECHANICAL AMUSEMENT DEVICES The Cubby Hole, 721 Marshall, Albert Lea
(c) RESOLUTION 05-23 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 05-23 approves Freeborn County Ducks Unlimited’s applications for raffle operations on April 23, 2005, August 27, 2005, September 8, 2005, and October 8, 2005.
(See Secretary’s Original Resolution 05-23 included with these minutes.)
(d) RESOLUTION 05-24 ADOPTED – AUTHORIZING DIVISION OF ASSESSMENTS: Resolution 05-24 authorizes the division of assessments for parcels located in Section 2-T102N-R21W.
(See Secretary’s Original Resolution 05-24 included with these minutes.)
(e) RESOLUTION 05-25 ADOPTED – CLAIMS: Resolution 05-25 presents the financial claims of the City.
(See Secretary’s Original Resolution 05-25 included with these minutes.)
Councilor Brooks fillin "" \d ""moved, Councilor Erdman fillin "" \d ""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.
FOLLOW-UP TO PUBLIC CONCERNS
City Manager Simonsen addressed questions and concerns expressed at the previous meeting as follows:
- Explained that the Council adopted the five (5) minute policy for those addressing the Council in order to facilitate concise, expedient communication between citizens and the Council. She advised that the timer is utilized in order to ensure fairness to all citizens addressing the Council.
- Explained that there should not be snow in the right-of-ways.
- Stated that Government Acres is not zoned for mobile homes. She explained that the mobile home currently located in the Government Acres area came into place before the annexation of the property. She also advised that the City is currently working with the owner of the mobile home to remove it.
- Explained that Roger Bok had requested a speed limit sign at the intersection of Garfield Avenue and Front Street because he does not believe the curve meets MNDOT criteria. She advised that there have only been two (2) recent accidents at this location. She further explained that the driving conditions at the time of each accident were considered to be abnormal. She advised that the Engineering Department researched the area and produced five (5) samples which showed an average speed of 32 mph for vehicles traveling at this intersection. She stated that MNDOT believes a speed limit sign would be ineffective at the intersection and therefore the City has no plans to change the signage at this point in time.
- Stated that the she has provided Roger Bok with an itemized listing of the money spent for sludge hauling from the Waste Water Treatment Plant. She explained that the City passed a resolution in 2004 to haul the sludge to the Steele Co. landfill.
- Explained that the owner of the property located at 2213 Stevens Road was not aware of problems with the slope of his/her driveway.
- Stated that the Engineering Department has evaluated the parking situation at Janson and First Avenue and found vehicles to be in violation of the City Code as the area is posted “No Parking” or is yellow curbed. Upon further inspection, all vehicles found to be parking within 20 feet of the intersection belonged to employees of ABC Seamless. The Engineering Department spoke with the owner of said business who stated that he would advise his employees of the violations. The Engineering Department returned to the site a few days later and found the area free of parked cars and believes the situation has been resolved.
- Stated that a written opinion of the two (2) hour parking consideration on Maple Hill Drive was available. She stated that it appears that the snow is not due to a parking problem but is instead coming from the open field nearby.
- Advised that a light at Academy Park was requested by Councilor Severtson for the hockey rink. She stated that it is too late in the season to install a light but that it will be taken care of for the 2005-2006 season.
- Stated that City staff followed up on a complaint regarding a small pile of rubbish behind the Moose Club. She stated that the pile of material was from the September flood and will be taken care of shortly.
- Explained that a notice of public hearing on the purchase of Lot 3, Block 2 in Dawn Acres had been printed in the Tribune and had been set for the Agenda that night.
PUBLIC ITEMS
Roger Bok, 1012 Cato Drive, stated that the sludge hauling contracted out by the City should cost $400,000. He further stated that a resolution cannot be changed once it has been adopted to which City Manager Simonsen replied that permission had been granted to change the rate.
Mr. Bok raised the issue of how a ditch on the east side of Stevens Road was all tore up. City Manager Simonsen stated that she observed the area herself and did not believe it needed repair. Mr. Bok further stated that the east lane is full of water and needs to be dug out so that it can be drained.
Roger Bok stated that there is still snow in the right-of-ways and stated that the City needs to call the state who will then haul it away. He stated that he spoke with someone at the State regarding a speed sign on Highway 69. He also stated that the trailer in located in Government Acres should have been taken out a long time ago because he believes it had been condemned by the township.
Mr. Bok claimed that the Charter states that the Mayor is the spokesperson for the community and not the City Manager. He also declared that the Charter states that the City Manager has no vote. Mr. Bok also expressed his belief that there should not be a section on the Agenda entitled ‘City Manager’s Items’ as the City Manager holds no vote and he believes he/she should not be involved in decision making.
Manuel Cantu, 113 McArthur Drive, addressed the Council regarding a complaint on a contractor he hired to repair his home after a fire. He requested the City adopt a stricter policy on enforcement of contractor registration. City Inspectors inspected the home and found the work done by the contractor to be inadequate. The Inspectors then gave the contractor an extension on the time in order to get the work completed satisfactorily. Mr. Cantu, however, will not allow the contractor back into his home and therefore, the Inspectors cannot sign off on the job. Mr. Cantu was advised to set up a meeting with City staff to help resolve the situation.
Roger Bok inquired about when the garbage will be picked up on St. Thomas across from Hanson storage sheds and advised the Council of bags of garbage that had been on the boulevard for two (2) months. He also asked where the iron is going from the City garage, to which City Manager Simonsen told him she can provide those numbers to him.
SALE OF LOT 3, BLOCK 2, DAWN ACRES SUBDIVISION – PUBLIC HEARING
City Manager Simonsen explained that we initially had a public hearing scheduled for this item but the purchaser has since withdrawn his offer. Therefore, the item was removed from consideration.
FREEBORN COUNTY HISTORICAL MUSEUM 2004 ANNUAL REPORT
Bev Jackson, Executive Director of the Freeborn County Historical Museum, approached the Council to share the organization’s 2004 Annual Report. She stated that the museum is requesting $15,000 to help support the ongoing operations of the museum. She stated that the organization’s total budget is $128,750. She advised that the museum is becoming more of a resource for schools, teachers, businesses, government, and the news media. The organization has now hired a staff person in their library and the total number of employees has grown to six and a half. Ms. Jackson stated that the museum serves thousands of students and citizens each year and is very active. She advised that the museum has even broken international borders due to Eddie Cochran. She stated that memberships are a major source of income but they would appreciate some support from the City.
Mayor Eaton commended Bev Jackson and the Freeborn County Historical Museum staff for their efforts.
REQUEST FOR 15-MINUTE PARKING STALL AT TIGER CITY SPORTS
City Manager Simonsen explained that Gary Hillman, owner of Tiger City Sports, has requested that a 15-minute parking stall be designated on the North side of Tiger City Sports. His concern is that parking is very limited in front of his store. She explained that there is currently one (1) parking space and a loading zone. She stated that Engineering staff have reviewed the request and does not have an objection to placing a 15-minute parking sign in the stall North of Tiger City Sports if the Council so chooses.
Councilor Severtson moved, Councilor Marin seconded, that a 15-minute parking sign be posted in the stall North of Tiger City Sports. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request approved.
ORDINANCE 87, 3D ENACTED – AMENDING ORDINANCE 78, 3D RELATING TO STORM WATER UTILITY FEES – PUBLIC HEARING
City Manager Simonsen explained that the formula relating to the fee structure has been amended several times based on the input from the public. She outlined the adjustments as follows:
(1) Vacant land will be treated equally regardless of zoning. The multiplier will be .5 for all property without water service, including vacant land. (2) For all residential properties in excess of two (2) acres, the original rate structure will apply to the first two (2) acres and anything in excess will be charged the .5 multiplier regardless of zoning. (3) The new rate structure charges each property that is connected to water service instead of the original rate structure which was charged to each parcel. If a property is located on multiple parcels, it has been combined by adding the individual parcel sizes to come up with a total property size with the rate schedule being applied as appropriate to the acreage. (4) For properties with multiple water services, they will be charged one (1) Residential Equivalency Factor (REF) per dwelling unit regardless of zoning. (5) The multipliers for properties that were zoned B2, B3, B4, Planned Development and ID have increased from 2.0 to 2.5. The multipliers for properties that were zoned I1, I2, and I3 have also increased from 2.5 to 3.5.
She explained that the REFs were originally $2.95 for storm sewer and $3.85 for public lighting. These have been adjusted to $3.00 for storm sewer and $3.40 for public lighting. The total charge for the average household has gone from $6.80/month to $6.40/month.
The City Manager explained that she is recommending adoption of the proposed rate schedule and a review of the storm water utility during the budgeting process in 2005 to identify if a storm water utility fee, or applying the cost to property tax would be the most appropriate for our community.
Mayor Eaton opened a public hearing for Ordinance 87, 3d, amending Ordinance 78, 3d relating to storm water utility fees. The necessary notice for this hearing was published on January 31, 2005.
Les Tufte, 1118 East Richway Drive, stated his opposition to the utility fees and requested that the Council reconsider them.
Roger Bok, 1012 Cato Drive, inquired about how much Planning & Zoning has been involved in the storm water and public lighting fees. City Manager Simonsen stated that Planning has been informed of the plans for the last couple of years. Mr. Bok wanted to know what their decision was on this item. City Manager Simonsen stated that it was not up to the Planning Department and Roger Bok told her to read the Charter. He inquired about how much his fees will be and City Manager Simonsen stated that City staff would be happy to provide him with the numbers.
Roger Bok inquired about why the fee is not being put on the tax rolls and City Manager Simonsen explained that it may be done in the future but that the Council decided to adopt the fees in this manner at this point in time.
Mr. Bok asked where the minutes are from Workshop Meetings and he was informed by City Manager Simonsen that minutes are not required at such meetings. Councilor Marin then requested an opinion from City Attorney Schwab regarding minutes for Workshop Meetings, formerly known as Pre-Agenda Meetings. City Attorney Schwab stated that Workshop Meetings must be open to the public but that minutes are not mandatory at meetings where there is no vote taken, such as Workshop Meetings.
Les Tufte asked about who came up with the initial idea for the storm sewer and street lighting utilities. City Manager Simonsen stated that former City Manager Sparks came up with the initial introduction of the fees. Mayor Eaton added that a lot of cities are now adopting such fees. It was decided that Mr. Tufte should schedule a meeting with the City Manager and Mayor Eaton to discuss the situation.
Roger Bok stated that he believes the Council meeting minutes should be published in the paper. He advised the City Attorney to start looking up the rules.
Keith Register, rural Albert Lea, appeared before the Council representing his son who owns 15 acres on Frank Hall. City Manager Simonsen explained that there are 24 residential properties within city limits that are comprised of more than two (2) acres. She explained that his son would have a $3 charge for the initial piece of property because it has one (1) water service and then it would be .5 X $3 for each acre above that. Mr. Register also stated that his mother is 95 years old and lives by herself on Columbus Avenue. He stated that she is opposed to the fees as well because she feels that she cannot handle them financially.
Mary Tufte, 1118 East Richway Drive, advised that Minneapolis has utilized these types of fees for several years. She stated that they started with water, sewer, street, and they have recently added a snowplowing fee. She cautioned that the citizens of Albert Lea need to be aware that these types of fees can explode into more than what they currently are considering.
Todd Haroldson, 511 Giles Place, inquired as to whether golf courses are exempt or not to which City Manager Simonsen stated that they were not exempt. She explained that golf courses will have one (1) charge per water and sewer service that they have and then a .5 multiplier per acre above that. Mr. Haroldson questioned whether the Council believes it is fair to all the citizens of Albert Lea to enact these fees rather than placing the fees on the tax rolls. He requested that the City Council look at doing something different.
Councilor Brooks thanked Finance Director Rhonda Krcil and City Manager Simonsen for all of the time they put into this project. He advised that his vote will reflect his constituents’ desires.
Councilor Marin thanked City staff for their work and his constituents for their patience. Stated that the storm water and lighting budgets need to be changed and there are no easy answers to the problem but that the Council is seeking the right answers. He expressed his belief that it was a waste to hire the engineering firm because City staff spent a lot of time and effort working on it.
Councilor Fjelstad recommended to Councilor Erdman that the ordinance be amended to include a sunset clause.
City Manager Simonsen explained that the revenue these fees would generate is approximately $70,000 to $75,000 a month. She stated that the City would have to cut $200,000 to make up for the three (3) months in which the fees have been reviewed. She explained that the storm water utility revenue can only be used for storm water maintenance, operation, and improvements. This would include upgrading inadequate lift stations, upgrading storm sewer lines, and more street sweeping efforts to ensure that less debris is going into the storm sewer and the lakes. She stated that the funds can be used for anything that would improve the quality of water going into the storm water system. She stated that in 2007 the City of Albert Lea will be under some federal mandates that do not have funding that accompany them and therefore the City will have to generate the revenue in order to pay for the mandates from the federal government.
Councilor Marin asked when the charges would begin, specifically if they would be retroactive or beginning on March 1, 2005. City Manager Simonsen stated that the Council would need to set the effective date for March 1, 2005 to give City staff time to get the programs in place to produce the bill.
Councilor Erdman stated that this decision was made by the Council. He stated that we all want to see the community grow and prosper and he believes that this revenue is necessary in order to make this happen. He believes that the City of Albert Lea is too dependant on Local Government Aid, or state aid. He advised that many other cities have enacted these utilities. He expressed his support of the fees as he believes the City of Albert Lea needs to invest in the future of its community in order to grow and prosper. Councilor Erdman then agreed to amend the ordinance to include a sunset clause and implement the fees on March 1st.
On roll call vote, all Councilors voted in favor of Ordinance 87, 3d with the exception of Councilors Marin, Severtson, and Brooks who voted nay. Mayor Eaton declared the ordinance enacted, the storm water utility fees implemented from March 1, 2005 to December 31, 2005, and the public hearing closed.
(See Secretary's Original Ordinance 87, 3d included with these minutes.)
ORDINANCE 88, 3D ENACTED – AMENDING ORDINANCE 79, 3D RELATING TO PUBLIC LIGHTING UTILITY FEES – PUBLIC HEARING
City Manager Simonsen explained that this ordinance would adopt a new rate schedule for the public lighting utility. She stated that public lighting fees for each dwelling unit with water and sewer service shall be adopted according to the following:
(1) All properties receiving water and sewer service with a zoning other than B3 shall receive a residentially equivalency factor times multiplier of one (1), except for multiple dwelling units which will be multiplied by the number of dwelling units. All properties that do not receive water and sewer service shall be assigned a multiplier of .50. (2) The Central Business District B3 shall have a REF multiplier of 2.0.
City Manager Simonsen recommended that the Council approve the rate setting of the public lighting utility at $3.40/REF. She stated that this item shall receive further review during the budgeting process in 2005.
Mayor Eaton opened a public hearing for Ordinance 88, 3d, amending Ordinance 79, 3d relating to public lighting utility fees. The necessary notice for this hearing was published on January 31, 2005.
Jerry Olson, 1322 Louis Street, requested clarification on the charges for his specific properties and City Manager Simonsen explained how the fee structure relates to his properties. She clarified that the fees are no longer based on parcel but that they are now determined by water/sewer service and acreage.
Roger Bok, 1012 Cato Drive, asked how people within city limits that are not hooked up to City water and sewer are going to be charged. City Manager Simonsen stated that these properties would have a .5 REF. Mr. Bok also asked why these properties are not hooked up to City water and sewer. City Manager Simonsen explained that the properties will be hooked up at some point depending on the contract with the particular property owner. Roger Bok also asked if the proper notice was published and City Manager Simonsen stated that it was but that she would have to check on the exact publishing date.
City Engineer Jahnke stated that he is only aware of two (2) houses that are not hooked up to City water and sewer. The first property did not have the financial means to hook up and the second house has been foreclosed on and must be hooked up as part of the foreclosure agreement.
Councilor Rasmussen requested that Councilor Erdman sunset this to Dec. 31, 2005. He stated that he believes the infrastructure has not been taken care of for many, many years and as a result of that, this problem must be taken care of at this point in time. He expressed his opinion that the funds should have been set up as a levy instead of a fee but stated that that cannot be changed at this time. He stated that these revenues are necessary, however, to progress into the future.
Councilor Erdman amended his motion to sunset to December 31, 2005 with rates being effective March 1, 2005.
On roll call vote, all Councilors voted in favor of Ordinance 88, 3d with the exception of Councilors Marin, Severtson, and Brooks who voted nay. Mayor Eaton declared the ordinance enacted, the public lighting fees implemented from March 1, 2005 to December 31, 2005, and the public hearing closed.
(See Secretary's Original Ordinance 88, 3d included with these minutes.)
RESOLUTION 05-26 ADOPTED – APPROVING THE PRELIMINARY AND FINAL PLAT OF WELLS FEDERAL BANK ADDITION
City Manager Simonsen explained that this resolution would approve the preliminary and final plat of Wells Federal Bank addition as recommended by the Planning Commission at their January 18, 2005 meeting. She stated that the developer shall pay $3,080.50 to the City for payment in lieu of parkland dedication and the cost of the sanitary sewer and water trunk line system. She explained that no development agreement is necessary because there are no public improvements planned. She stated the property is located at the intersection of Bridge Avenue and Sykes Street.
There was no Council discussion on this issue.
Councilor Erdman moved, Councilor Rasmussen seconded, that Resolution 05-26, approving the preliminary and final plat of wells federal bank addition, 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 05-26 included with these minutes.)
ORDINANCE 89, 3D INTRODUCED – ACCEPTING MINNESOTA OFFICE OF STRATEGIC AND LONG RANGE PLANNING ANNEXATION ORDER FOR KINGSTROM AND REAL ESTATE EQUITIES PROPERTIES
City Manager Simonsen explained that this resolution would accept the annexation of land currently in the Albert Lea Township in the Weber’s Subdivision with the property description as listed in the resolution. The property is located on Stevens Street and will be owned by Kingstrom and Real Estate Equities properties.
There was no Council discussion on this issue.
Councilor Severtson introduced Ordinance 89, 3d, accepting Minnesota Office of Strategic and Long Range Planning annexation order for Kingstrom and Real Estate Equities properties. Ordinance 89, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.
(See Secretary’s Original Ordinance 89, 3d included with these minutes.)
RECOMMENDATION TO CHARTER COMMISSION
Mayor Eaton explained that there is one (1) opening on the Charter Commission which should be filled by an individual who is aware of the Charter and has experience on the Council. She then recommended former Councilor Warren Amundson for his knowledge of the Charter and his history on the Council. She explained that this is a four (4) year term and the Commission meets once annually.
There was no Council discussion on this issue.
Councilor Brooks moved, Councilor Severtson seconded, the recommendation of Warren Amundson to be a member on the City of Albert Lea’s Charter Commission. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Marin and Fjelstad who voted nay. Mayor Eaton declared the motion carried and the recommendation approved.
RESOLUTION 05-27 ADOPTED – APPROVING REGISTERED LAND SURVEY NO. 11
City Manager Simonsen explained that a legal description and survey was prepared by Jones, Haugh & Smith for Steve Thompson regarding Lot 7, Block 28 of Shoreland Heights. She stated that this registered land survey of lots of record is within the R1 Single Family District and is consistent with the requirements of the zoning ordinance for such lots. She stated that this resolution would accept the registered land survey No. 11.
There was no Council discussion on this issue.
Councilor Brooks moved, Councilor Severtson seconded, that Resolution 05-27, accepting Registered Land Survey No. 11., 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 05-27 included with these minutes.)
RESOLUTION 05-28 ADOPTED – AUTHORIZING DISTRIBUTION OF DISCRETIONARY FUNDS
City Manager Simonsen explained that the City of Albert Lea advertised for applications for the distribution of discretionary funds identified in the City Council’s 2005 budget. She stated that discretionary funds were identified as a total of $50,000 to be granted to local organizations who met the public purpose doctrine according to Minnesota Statute. She explained that the standards of the doctrine include public purpose, the categories served, the number of public that are benefited by the program, the frequency of the service, whether or not the organization has other financial support available, and what kind of budget the organization has, and whether or not there will be a long-lasting benefit to the community. She explained that the City received a total of 19 grant applications totaling $100,220. She stated that City staff reviewed the grant applications and identified whether or not statutory authority is granted for the City to donate to such organizations. Upon review, 16 of the 19 applications received met the public purpose doctrine making it possible for the City to donate toward their cause.
Diane Fenner, 1706 Portland Avenue, Executive Director of Senior Resources, expressed her appreciation to the Mayor and Council for their support. She explained some of the services provided by her organization and stated that these programs either directly or indirectly make the community a better place to raise a family, work, and grow old. She stated that by helping senior citizens keep their independence the organization is reducing possible financial burdens on society. She advised that the Council has granted $17,000 to Senior Resources annually for the past 14 years. She stated that the $5,000 cut in the grant this year will cause the organization to reduce services to its members and she urged the Council to maintain the $17,000 level as in past years. Mayor Eaton advised that no organization was fully funded.
Rachelle Fliehman, 911 Bridge Avenue, Fundraising Chairman for the Albert Lea Art Center, thanked the Council and Mayor for their support. She stated that the Council’s prior donation helped the organization retire the cost of their building’s roof repair. She focused on different programs the organization offers. She stated that the Art Center will no longer be able to continue in three (3) years without the community’s increased support. She urged the Council to reconsider their grant. She also provided the Council with a schedule of upcoming activities and events to be held at the Art Center.
Susan Crane, Austin, appeared before the Council in support of the Art Center. She advised that she just recently moved to Austin from Minneapolis where she ran an art gallery. She is contemplating moving to Albert Lea. She stated that she is a professional artist and it is very important for her make solid connections which is what the Albert Lea Art Center has allowed her to do. She supports her and her daughter as an artist and believes that the Art Center has helped her in her career. She stated that she thinks it would be a shame if the Art Center were to no longer exist as it is very impressive for a city the size of Albert Lea. She urged the Council to support the Art Center.
Randy Kerr, 1712 Plainview Lane, pointed out that the Council had a staggering amount of requests for money. He urged the Council to look at the arts if they decide to make any adjustments in the grants. He believes that the arts, as well as senior programs, were identified by Albert Lea Listens as a priority of our community.
Marlys Webber, 20749 – 794th Avenue, representative of the Pelican Breeze, thanked the Council for their support. She stated that the organization had some unexpected expenses last year including a drastic rise in insurance causing them to surrender their liquor license. She stated that some of the cruises have been lost due to that fact. She explained that the Pelican Breeze feels that they are on the lake to draw attention to Albert Lea. She also stated that the entire organization is interested in lake clean-up. She urged the Council not to forget about them should they decide to adjust the grants.
Marge Hamersly, Chamber of Commerce Director, thanked the Council for the support of the fireworks display at the third of July celebrations. She stated that the fireworks are a wonderful tourist attraction that brings in approximately 100,000 people annually. She stated her belief that the fireworks are a very important community activity.
City Manager Simonsen stated that this is the first time the Council has gone through the process of distributing discretionary funds. She stated that this was a much more equitable way to allow all organizations with a public purpose to be able to make a request. She stated that in past years the Council has run out of funding towards the end of the year when organizations who were on a different fiscal year submitted their requests. She also reiterated that fact that the public purpose doctrine was used to help identify the areas where the City is able to donate to.
Lanier Pratt, 807 North Shore Avenue, representative of the Albert Lea Beautification Committee, reminded citizens that how certain individuals come across is not representative of the entire City. He commended the Council on their efforts and their support. He mentioned that the Committee provided the flags and the flowers downtown and advised that the organization plans to grow their vision to include banners adorning the entries into and throughout the City.
Patrick Corrigan, 1814 Frank Hall Drive, believes the Council had to do what they did as far as the distribution of the grants. He mentioned the LGA cuts and stated that all governmental agencies are cutting back on funds. He stated that without the fundraising efforts of Perry Vining, Executive Director of the Big Island Rendezvous, the annual event would no longer exist. He then thanked the Council on behalf of the Big Island Rendezvous for its support.
Councilor Fjelstad asked why Albert Lea Transit’s request rose from $1,000 in 2004 to $17,000 in 2005. City Manager Simonsen explained that the $1,000 requested by the organization in 2004 was for their Youth Pass Program and not towards their overall program. She explained that the organization’s operational budget is $200,000. She stated that Albert Lea Transit provided 30,000 one-way trips and 61,000 miles of service to the community in 2004. City Manager Simonsen stated that the organization recently took over the transportation services previously provided by Senior Resources and is mostly funded by MNDOT. There are minimal fees to consumers for the services provided including $2.00 per ride for Dial-a-Ride and $1.50 per ride on Monday through Friday services. Councilor Fjelstad believes it would be better to take $1,000 from Albert Lea Transit and disburse it to the people in attendance at the meeting.
City Manager Simonsen stated that other organizations did stop by the City offices to inquire about the funds but were unable to attend the Council meeting. She also advised that City support was taken into consideration for the past five (5) years.
Tia Crane, Austin, stated that she is 17 years old and is involved with the Albert Lea Art Center. She stated that she aspires to be an artist in the future and believes that the Art Center has enlightened her to the world of art. She stated that art makes a big difference in the lives of youth especially since funding has been cut for art programs within the school systems. She stated that those individuals who would like to be involved in the arts do not have a lot of places to turn to. She stated that art is a wonderful way to express oneself and to expel excess energy. She believes that the Art Center is a wonderful organization.
Doris Hagen, 16124 – 760th Avenue, representing Ride Services, a Senior Resources program, stated that Ride Services is a valuable service to the senior population in Albert Lea. Rides include transportation the Rochester Mayo Clinic and the Albert Lea Clinic. She stated that Albert Lea Transit cannot meet the needs of the seniors because most of them cannot get on the bus as it is now. She stated that Ride Services has 34 volunteer drivers that took 7,822 rides, traveled 114,333 miles, and used 6,917 hours in 2004 alone. She stated that she feels that cutting the budget is very difficult but that Ride Services is very much a needed service.
Diane Fenner, 1706 Portland Avenue, Executive Director of Senior Resources, clarified that the funds received by the organization the past 14 years have not been used for the public transit system.
City Manager Simonsen stated that the Council will be going through this process in approximately six (6) months so that the funds can be budgeted for 2006.
Councilor Marin moved, Councilor Erdman seconded, that Resolution 05-28, authorizing distribution of discretionary funds, 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 05-28 included with these minutes.)
RESOLUTION 05-29 ADOPTED – AUTHORIZING IN-KIND DONATION TO KSMQ
City Manager Simonsen explained that the City Council has previously discussed the opportunities presented by joining the Board of Directors for KSMQ Public Television. She stated that KSMQ station management is requesting the City Council determine its in-kind and/or cash donation toward the television station and its programming.
Councilor Marin requested clarification on the dollar amounts involved in the opportunity. Mayor Eaton stated that KSMQ requested that each city give $25,000 to $50,000 but that the City of Albert Lea did not commit to that in order to discuss a donation.
Mayor Eaton explained some of the in-kind donations that KSMQ is looking for including assistance with their web page as well as their programming guide. She stated that the station is even contemplating doing a local news show and having more programming from our community.
Councilor Erdman inquired as to the amount of dollars that would be given in terms of an in-kind donation. City Manager Simonsen stated that donations could be set at any level the Council feels comfortable with. She explained that it may be a mixture of cash and in-kind or that it could be strictly an in-kind donation.
Councilor Brooks asked about the time that would be involved by City staff. City Manager Simonsen explained that two to three (2-3) hours a month would be sufficient to update the web page and the station’s program schedule.
Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-29, authorizing in-kind donation to KSMQ, 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 05-29 included with these minutes.)
RESOLUTION 05-30 ADOPTED – SUPPORTING PROPOSED SHARED USER PATHS WITHIN THE CITY AND APPLICATION FOR DNR GRANTS TO ASSIST WITH THEIR CONSTRUCTION
City Manager Simonsen explained that the City is in the processing of preparing a grant application to the Department of Natural Resources for the extension of the Shared User Path System. She stated that Phase I of the trail development would complete the link from Brookside boat landing to Pioneer Park. She explained that public input and a resolution by City Council is required in support of the project. The Planning Commission held a public hearing on January 27, 2005 at which time it was decided that the proposed path is consistent with concepts supported in the Albert Lea Listens and the visions proposed by the Minnesota Design Team, as well as consistent with the preliminary master plan for shared user paths in and around the City of Albert Lea. She explained that the cost of completing the approximately 0.84 miles of the trail is $267,926. If the grant is received, the DNR would pay a maximum of $100,000 and the City would pay the remaining balance. She concluded by stating that this item has been included in the City’s 2005 Capital Improvement Plan.
Councilor Rasmussen stated his belief that the paths and the lakes are a major identity for the City of Albert Lea. He expressed his concern regarding the policing of the paths. City Manager Simonsen stated that the police would be allowed access to the path, which would be paved and lit. She also explained that there would be some type of a barrier in the two (2) areas going through cemeteries. She further stated that policing would be done by bike patrol but mentioned that it would be accessible to emergency vehicles, if necessary.
Councilor Erdman moved, Councilor Marin seconded, that Resolution 05-30, supporting proposed shared user paths within the city and application for DNR grants to assist with their construction, 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 05-30 included with these minutes.)
RESOLUTION 05-31 ADOPTED – SETTING DETAILS FOR VACATION
City Manager Simonsen stated that The City has received a request from Linda M. Bjorklund petitioning for vacation of Frank Avenue adjacent to Block 17 in Edina Manor. She explained that the purpose of this resolution is to schedule a public hearing to hear the appraisers’ report on Monday, March 14, 2005 at 7:00 p.m. at City Hall.
There was no Council discussion on this issue.
Councilor Brooks moved, Councilor Severtson seconded, that Resolution 05-31, setting details for vacation, 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 05-31 included with these minutes.)
RESOLUTION 05-32 ADOPTED – RECEIVING REPORT AND APPROVING JOB 0113
City Manager Simonsen explained that this job was halted in mid-2004 and is now being reconsidered. She stated that the assessments have been revised and the job also now includes the repair of a sag in the sanitary sewer line at the entrance of Trails Truck Stop. She explained that this job has been revised from 2004 to eliminate the watermain loop and extension due to the cost of this line. She noted that under the current proposal, any break in the watermain from Blake Avenue east will cause all residents and businesses along this extension to be without water until repaired. In 2004, the project was stopped at the request of City Council upon the recommendation by the Planning Commission to allow time to study the Love’s Truck Center development and its impact on Government Acres. She stated that the extension of the sewer and water lines along Main Street was originally requested by Freeborn Mower and Pro Trucking to allow them to expand their service and market the properties.
City Manager Simonsen stated that a resolution is needed to go through with this project in its three (3) phases. She also stated that it is necessary to discuss how to handle requests for deferment of assessments. She further stated that Pro Trucking is requesting deferment on one (1) of their parcels with an assessable total of $26,231.01. She said they may also request deferment on another parcel in the amount of $36,093.82, too, depending on whether or not one of the parcels may be eligible for a TIF redevelopment district. City Manager Simonsen stated that Freeborn Mower has verbally expressed that they may be able to obtain funding at a lower interest rate than the City is offering at 6%.
Councilor Rasmussen stated that he would be in support of moving ahead with the project with the stipulations that the Council only allows deferments to the Pro Trucking piece of property East of Highway 38 and that the organization pursue the TIF district on the first parcel. It was determined that Pro Trucking may come back before the Council to talk about a possible deferment on the first parcel if it does not qualify for the TIF district. There were no other deferments offered to other property owners, however.
Councilor Severtson stated that he is aware of four (4) other properties that are not within City limits that would be affected by this project. City Manager Simonson stated that these property owners do not wish to be annexed at this time.
Councilors Brooks stated that he does not believe the City should continue deferring assessment payments as there are already $1.6 million in deferred payments outstanding at this point in time. He also expressed his belief that these four (4) property owners outside City limits should not be assessed interest as he does not believe that they will benefit from this project. City Manager Simonsen explained that it has been City policy to assess the cost of installing the infrastructure as the property owners will benefit upon annexation or hook up.
City Engineer Jahnke stated that the assessment notices have not been sent out at this point. He stated that this resolution would authorize the Engineering Department to send out the assessment notices and call a public hearing.
After Council discussion, Councilor Rasmussen moved, Councilor Marin seconded, that Resolution 05-32, receiving report and approving Job 0113, 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 05-32 included with these minutes.)
RESOLUTION 05-33 ADOPTED – WAIVING BLAZING STAR TRAIL JOINT POWERS BOARD ANNUAL AUDIT
City Manager Simonsen explained that according to Section 8.8 of the Blazing Star Trail Joint Powers Board Agreement an annual audit of the books shall be made and filed no later than June 1st of each year. In 2004, the only activity was 12 months of interest earnings. She stated that the Joint Powers Board is requesting that the City Council of Albert Lea and the City Council of Austin waive Section 8.8 requiring an annual audit. She further explained that if this section is waived, a multiple year audit will be conducted in the future.
There was no Council discussion on this issue.
Councilor Rasmussen moved, Councilor Brooks seconded, that Resolution 05-33, waiving Blazing Star Trail Joint Powers Board annual audit, 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 05-33 included with these minutes.)
RESOLUTION 05-34 ADOPTED – ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
City Manager Simonsen stated that this resolution would adopt the National Incident Management System (NIMS) within the City of Albert Lea. NIMS has been identified by the federal government as being the requisite emergency management system for all political subdivisions. She explained that it identifies a unified command for incidents as the management model to maximize the public safety response. Failure to adopt NIMS may preclude reimbursement to the City for cost expended during and after a declared emergency or disaster, and for training and preparation for such disasters or emergencies. The NIMS model further requires that it be the policy of the City of Albert Lea to train public officials responsible for emergency management.
There was no Council discussion on this issue.
Councilor Severtson moved, Councilor Marin seconded, that Resolution 05-34, adopting the National Incident Management System, 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 05-34 included with these minutes.)
RESOLUTION 05-35 ADOPTED – AUTHORIZING ADOPTION OF EMERGENCY MANAGEMENT PLAN
City Manager explained that the City of Albert Lea has many capabilities and resources which can be used in a response to any major disaster. These include the facilities, equipment, manpower, and skills of both government and non-government professions and groups within the City of Albert Lea. She explained the purpose of this plan is to ensure the effective, coordinated use of these resources to maximize the protection of life and property, ensure the continuity of government, sustain survivors, and repair essential facilities and utilities. She stated that this resolution would authorize the Mayor and City Manager to sign the certification of plan approval for the City of Albert Lea’s Emergency Operation Plan. She explained that the basic purpose of the plan is to provide a guide for emergency operations which is intended to assist key city officials and emergency organizations to carry out their responsibilities for the protection of life and property under a wide range of emergency conditions.
There was no Council discussion on this issue.
Councilor Erdman moved, Councilor Brooks seconded, that Resolution 05-35, authorizing adoption of Emergency Management Plan, 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 05-35 included with these minutes.)
RESOLUTION 05-36 ADOPTED – ADOPTING A DETERMINATION OF ADEQUACY ON THE FINAL STATE EIS FOR THE CITY OF ALBERT LEA’S MUNICIPAL AIRPORT RUNWAY 16/34 IMPROVEMENT PROJECT
City Manager Simonsen explained that this resolution would identify that the City Council adopts a determination of adequacy on the Final State Environmental Impact Statement (EIS). She stated that this resolution is required as part of the City’s airport runway 16/34 improvement project and is the final step in completing the EIS process. The Environmental Impact Statement was published and put out for a 30-day public comment period after which no public comment was received. She stated that after this resolution is passed it will be published in the EQB Monitor for a 10-day period after which the environmental review process will be complete. After this step, the City can begin the process of preparing for the construction of a new runway. She explained that the Airport Advisory Board is scheduled to meet on March 1, 2005 and will be making recommendations to the City Council on whether or not to proceed with the construction of a new airport runway.
Councilor Brooks requested that the City Engineer explain what is meant by the term Environmental Impact Statement. City Engineer Jahnke stated that an EIS lays out any environmental concerns that will be impacted by the runway. He cited the possible relocation of Plaza Street which would also require filling in part of Bancroft Creek. He also cited a channel in the SW corner in which there would be mitigation. He stated that noise levels may be impacted as well as easements that would impact the golf course. He further explained that the report gives all the agencies, including the MPCA, the DNR, and Archeological people, a chance to see the impact this project will have on surroundings.
After Council discussion, Councilor Rasmussen moved, Councilor Severtson seconded, that Resolution 05-36, adopting a determination of adequacy on the final state EIS for the City of Albert Lea’s municipal airport runway 16/34 improvement project, 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 05-36 included with these minutes.)
RESOLUTION 05-37 ADOPTED – APPROVING PURCHASE OF TRUCK REPLACEMENTS
City Manager Simonsen stated that City staff is requesting the replacement of four (4) plow trucks, the sign truck, and the Street Superintendent’s vehicle. She explained that all of the vehicles are on the state bid and have been budgeted to be purchased in 2005. The plow trucks will be used to replace the four (4) units that are currently used on a daily basis and shared with other departments. She stated that all units purchased would be 2006 models. The sign truck and Superintendent’s vehicle are used in daily operations within the City. She stated that all of the vehicles are planned replacements, not additional pieces of equipment. She reported a total cost of the six (6) vehicles and plows to be $585,674.55.
Councilor Marin requested that the City Manager explain the schedule for replacing vehicles and equipment. She stated that vehicles and equipment are rotated out over a certain period of time depending on the life of the equipment. She explained that the City has the ability to pay for these items up front and the totals subsequently get charged out to the department responsible.
Councilor Brooks moved, Councilor Rasmussen seconded, that Resolution 05-37, approving purchase of truck replacements, 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 05-37 included with these minutes.)
DISCUSSION REGARDING DIRECTOR OF PUBLIC SAFETY POSITION
City Manager Simonsen requested more time be allowed to investigate and analyze the potential of combining the administrative functions of the Police Chief and Fire Chief positions into a Director of Public Safety. She recommended that the current Assistant Chief of Police and the Assistant Fire Chief be given the interim status of Police and Fire Chiefs with stipends to carry out decisions until a decision about the position can be made. She further explained that she would like to form a task force project to look at communities with this organizational structure to ensure that the City of Albert Lea knows both the pros and cons of such a structure. She anticipates the process could take two to three (2-3) months to thoroughly investigate and educate the public and personnel about this topic.
Councilor Rasmussen thanked City Manager Simonsen for looking into ways into which the City can control costs while maintaining the safety of its citizens.
Councilor Rasmussen moved, Councilor Brooks seconded, that the current Assistant Chief of Police and the Assistant Fire Chief be moved to interim Chief status while City staff research an organizational restructuring. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the request for more time to research the position granted.
UNLISTED ITEMS
MAYOR’S ITEMS
(1) Announced that the City now has co-chairs for the City of Albert Lea Sesquicentennial Celebration, Kelly Schultz and Carol Walter. She also mentioned that there is a logo contest for the event and that drawings are due in the Mayor’s Office by March 15, 2005. (2) Congratulated the Finance Department on receipt of the certificate of achievement for the excellence in financial reporting, which is the highest form of recognition in government accounting. (3) Thanked KATE/KCPI radio for their efforts to kick off a positive image community public relations campaign. (4) Thanked Lori Barkema for her 10 years of service as Albert Lea’s City Librarian. (5) Congratulated Fire Chief Rich Sydnes for 31 years of service to the City of Albert Lea. (6) Congratulated Julie Schewe for winning the Land Between the Lakes Contest renaming the former Farmland site which will now be called The Blazing Star Landing. (7) Mentioned that Aqua Control, a magazine out of Illinois, used the City of Albert Lea’s fountains as both their front and back covers for its new magazine and brochure.
WARD ITEMS
First Ward, Councilor Rasmussen: (1) Requested that staff look at Brookside Circle and Brookside Drive area. He explained that one side has a stop sign and the other side simply has a yield sign. He has received some calls regarding people rolling through that area at high rates of speed and would like the possibility of a stop sign being placed at the other end of Brookside Circle considered.
Second Ward, Councilor Erdman: (1) Stated that the Landscape and Design Review committee met on Thursday, February 10, 2005 and adopted a motion requesting that the City Council initiate the establishment of a formal site development review committee consisting of building officials, the City Planner, and the City Engineer. The purpose of the committee would be to review all site plans, building designs, and landscape plans for all buildings other than single family residences.
After Council discussion, Councilor Erdman moved, Councilor Rasmussen seconded, that the City Council initiate the establishment of a formal site development review committee. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the establishment of a formal site development review committee granted.
(2) Informed staff that he received a request from the Albert Lea Farmers’ Market to put up a seasonal sign that they would pay for themselves and have professionally made in which they could leave up for the entire season at the North Broadway site and subsequently take down at the termination of the season. (3) Inquired as to whether City Attorney Schwab has an answer regarding the reduction of the Albert Lea Art Center’s parking maintenance district assessment. He also inquired as to whether the Art Center is being charged sales tax on some of the charges for City fees.
City Attorney Schwab stated that he discussed the parking assessment with the City Clerk and found that the Council has never reduced the assessment for anyone. He stated that there is nothing that prohibits the Council from waiving or reducing a parking assessment if the Council so desires. He explained that the second issue is in regards to a franchise fee on their utilities. He stated that that issue is far more difficult to deal with as it is a fee that issued by Alliant Energy and therefore cannot be waived by the City of Albert Lea. He stated that the City of Albert Lea would have to reimburse the organization but advised that this is probably not a precedent the Council wants to set.
Councilor Erdman requested that City staff find out the amount of the parking assessment for the Albert Lea Art Center and get that information to him in the form of a memo.
(4) Advised that he has a list of street lights that are out in the downtown area which he will submit to City Engineer Jahnke.
Third Ward, Councilor Marin: (1) Wished his wife a Happy Valentine’s Day.
Fourth Ward, Councilor Fjelstad: (1) Wanted to wish Councilor Marin’s wife a Happy Valentine’s Day, too. (2) Asked City Manager Simonsen if a Councilor is eligible to bring an ordinance back up if it is a prevailing Councilor from a past term. City Manager Simonsen stated that she checked with the City Clerk who stated that she was not aware of anything preventing a Councilor to bring up a previous item. (3) Stated that he would like the Thursday night Workshops to go back to being Pre-Agenda meetings as in they were in the past as he does not feel the Council is getting adequate work accomplished on Thursday nights. He stated that he would like to go back to the former procedure where the public is allowed to attend the meeting but the Council does not take public input. He advised that he felt better informed when the public was not allowed to speak because the Council was able to discuss things in more detail. He further explained that if there should be a controversial issue in which public input is desired a Workshop may be called.
Councilor Erdman expressed his belief that not allowing public input would be moving a step backward in educating the public. He further stated that by allowing the public to speak the Council is eliminating the notions that they are hiding things from the public or making back-room deals.
Councilor Fjelstad answered Councilor Erdman by stating that no member of the Council allows business to be conducted behind closed doors. He reiterated his belief that he does not get as much information out of Workshop meetings as he used to because he doesn’t feel the one-on-one basis with the City Manager that he used to get.
City Manager Simonsen explained that the public felt their input on Monday nights was not being considered as they felt the Council made their decisions at Pre-Agenda meetings on Thursday nights.
Councilor Brooks clarified that under Councilor Fjelstad’s motion, the public would still be permitted to attend the meetings and would still be welcome but that they would not be permitted to participate in the Pre-Agenda meetings. He further stated that if there was an important issue the Council could call a Workshop to be held after the Pre-Agenda meeting. He feels that if an issue is important enough to a citizen, that citizen will wait until the Workshop begins to speak on the issue.
City Manager Simonsen was asked for her opinion on this issue and she stated that she feels the Workshop is the place the Council should receive input. She feels that this would give the Council time to research the issues and make decisions.
Councilor Erdman stated that the last few Workshops have concentrated on the storm water and public lighting fees which is the reason why the meetings have been so long lately.
After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Thursday night meetings return to being Pre-Agenda meetings as they were in the past where public input is not taken. On roll call vote, all councilors voted in favor of said motion with the exception of Councilors Erdman, Marin, and Mayor Eaton who voted nay. Mayor Eaton declared the motion carried and Pre-Agenda meetings returned to where public input is not permitted granted.
Fifth Ward, Councilor Severtson: (1) Stated that the Albert Lea Family Readiness Group is sponsoring a sit-down dinner on March 18, 2005 at the National Guard Armory in an effort to raise funds for a welcome home celebration for the National Guard troops serving in Afghanistan scheduled to return in the fall.
ADJOURNMENT – 9:50 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 28, 2005. 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 15, 2005.
________________________________ ________________________________ Acting Secretary of the Council Mayor
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