Albert Lea, MN February 24, 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.
Mayor Eaton read a statement regarding the removal of the Serenity Prayer from the Agenda. She noted that prayer is important and that she regrets her removal of the item. As a result of the community reaction, she is reinstating prayer by the Freeborn County Ministerial Association at each meeting and introduced Reverend John Holt, First Lutheran Church, who offered a prayer.
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, Public Works Direction David R. Olson, 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 FEBRUARY 10, 2003.
(b) APPROVAL OF THE FOLLOWING LICENSES:
ANNUAL LICENSES
CIGARETTE
Hy-Vee Gas, 2717 Bridge Avenue
FOOD/BEVERAGE
Hy-Vee Gas, 2717 Bridge Avenue
PLUMBER
Zimmerman Plumbing, Inc., 303 East Albert Street, Portage, WI
(c) RESOLUTION 03-39 ADOPTED – APPROVES A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY TO CONDUCT A RAFFLE AT THE CENTER ON MAY 23, 2003.
(See Secretary's Original Resolution 03-39 included with these minutes.)
(d) RESOLUTION 03-40 ADOPTED – APPROVES A MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT APPLICATION FOR THE ALBERT LEA AMATEUR HOCKEY ASSOCIATION FOR OPERATIONS AT PHILLY’S BAR & GRILL, 804 EAST MAIN STREET.
(See Secretary's Original Resolution 03-40 included with these minutes.)
(e) RESOLUTION 03-40 ADOPTED – APPROVES A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT FOR THE FREBORN COUNTY FANTAILS FOR A RAFFLE AT THE UNION CENTER, 404 EAST MAIN STREET, ON MARCH 8, 2003.
(See Secretary's Original Resolution 03-40 included with these minutes.)
(f) CALLS A PUBLIC HEARING FOR THE TRANSFER OF THE LIQUOR DEPOT OFF-SALE INTOXICATING LIQUOR LICENSE FROM D & M EVANS ENTERPRISES, LLC TO R & B LLC FOR MARCH 10, 2003.
(c) RESOLUTION 03-42 ADOPTED - CLAIMS: Resolution 03-42 presents the
financial claims of the City.
(See Secretary's Original Resolution 03-42 included with these minutes.)
Councilor Brooks moved, Councilor Amundson 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.
RESOLUTION 03-43 ADOPTED – ADOPT MISCELLANEOUS ASSESSMENTS ROLL 41 – PUBLIC HEARING
Mayor Eaton opened a public hearing for the adoption of Miscellaneous Special Assessments Roll 41. The necessary notice for this hearing was published on February 6, 2003.
Judith McKinnon, 1830 Lakewood Avenue, expressed her disapproval with the mowing assessments to two of her rental properties claiming that she had not been notified of the City’s intent. Also she feels that the cost is too expensive. City Manager Sparks told Ms. McKinnon that the City had notified her by letter and also that the City charges more for this work because it is not in the business of mowing private property. The mowing is done as a result of complaints from the neighborhood.
After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that the adoption of Miscellaneous Assessment Roll 41, be approved. Mayor Eaton declared motion carried and the public hearing closed.
(See Secretary's Original Resolution 03-43 included with these minutes.)
RESOLUTION 03-44 ADOPTED – RESOLUTION OF SUPPORT
City Manager Sparks explained that this a resolution of support for continuing state funding for street construction and maintenance. The League of Minnesota Cities is lobbying on behalf of cities and is asking that the City adopt the resolution to show support of their activities.
After Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 03-44, in support of the League of Minnesota Cities lobbying efforts for continuing state funding for street construction and maintenance, 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 03-44 included with these minutes.)
RESOLUTION 03-45 ADOPTED – DIVIDING ASSESSMENTS IN CHADWICK MARKETPLACE ADDITION
City Manager Sparks noted that this is a routine division of assessments as a result of the division of one parcel in the Chadwick Marketplace Addition into two parcels.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-45, dividing assessments for Lot 2, Block 1, Chadwick Marketplace 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 03-45 included with these minutes.)
SETTING SPECIAL MEETING FOR BOARD OF REVIEW
Mayor Eaton explained that it is necessary for the Council to call a special meeting for the Council to sit as the Board of Review. The Freeborn County Assessor’s Office has suggested that this meeting be established for May 15, 2003 at 7 p.m.
Mayor Eaton also announced a joint City/County meeting on March 13 from 7 to 9 p.m., a meeting with Dan Dorman to discuss tax-free zones on Friday, February 28, and thanked the employees for efforts put forth on the City’s publication included in the Tribune Profile Edition, specifically thanking the Library employees for exceptional content, layout and design.
Councilor Marin moved, Councilor Kron seconded, that a special meeting for the Board of Review on May 15, 2003 at 7 p.m. be established. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting called.
RESOLUTION 03-46 ADOPTED – EXPRESSING OPPOSITION TO GOVERNOR’S PROPOSED LOCAL GOVERNMENT AID CUTS
City Manager Sparks explained that this resolution expresses Council opposition to the proposed cuts to local government aid. He told the Council that the cuts are very significant and are based in part on incorrect and aberrant data. The Governor’s choice to use calendar year 2000 as a base year causes significant problems for the City. In that one year the City received extraordinary revenue which results in a cut in state aids for 2004 of $1,000,000 more than it should have been.
Councilor Erdman asked the City Manager what scenario would occur if the Port Authority was made up of private professional citizens. City Manager Sparks replied that there are merits and problems with that type of board noting that the Council would lose the ability to do redevelopment projects among other things. He suggested that the Council may wish to discuss this idea at a workshop meeting.
After Council discussion, Councilor Marin moved, Councilor Erdman seconded, that Resolution 03-46, expressing City Council opposition to the Governor’s proposed local government aid cuts, 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 03-46 included with these minutes.)
RESOLUTION 03-47 ADOPTED – APPROVING A CONTRACT WITH KATE/KCPI
City Manager Sparks explained that this resolution approves a contract with KATE/KCPI for $6000 credit in advertising and services in exchange for use of the City Arena for the annual home and recreation show.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-47, approving a contract with KATE/KCPI, 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 03-47 included with these minutes.)
RESOLUTION 03-48 ADOPTED – APPROVING A CONTRACT WITH ALBERT LEA HOCKEY SCHOOL
City Manager Sparks noted that this resolution approves an agreement for two weeks ice rental in July by the Albert Lea Hockey School.
After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-48, approving a contract with Albert Lea Hockey School, 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 03-48 included with these minutes.)
RESOLUTION 03-49 ADOPTED – ADVANCE FUNDS TO TIF 5 BOND FUND
City Manager Sparks explained that because of a shortfall in the Tax Increment Finance Bond Fund resulting from property tax cuts put in place two years ago and the fact that the fund that the state established to make up the shortfalls was eliminated in the current financial crisis in which the State now finds itself, it is now necessary for the City to advance funds to meet bond payments for the tax increment finance districts. He noted that the City will be able to levy the amount we are short as a property tax outside of the limit next year.
After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 03-49, advancing $40,000 to the Tax Increment Finance 5 Bond Fund from the Unappropriated Fund Balance, 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 03-49 included with these minutes.)
RESOLUTION 03-50 ADOPTED – AUTHORIZING STREET LIGHT ASSESSMENT FOR BLAKE ROAD
City Manager Sparks commented that this resolution authorizes the installation of street lights on Blake Road at an estimated cost of $43,125 and suggested that the costs be assessed to the benefiting property owners. The City doesn’t have the money to install these lights in the General Fund and is looking at creating a street light utility that would go into place the 1st of January, 2004 which will help reduce the burden to the General Fund and the City’s obligation on state aids.
After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-50, authorizing installation of street lights on Blake Road with costs to be assessed to the benefiting properties, 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 03-50 included with these minutes.)
RESOLUTION 03-51 ADOPTED – AUTHORIZING JOBS 0114 AND 0231
City Manager Sparks told the Council that the State is recommending that the City draw down our state aid account because of the State’s budget crisis. He is recommending that the City proceed with the reconstruction of Front Street with state aid monies at this time. He noted that Front Street is experiencing a settling problem and surface breakup and by proceeding with the project at this time, we will not have to worry that the funds will be seized by the State.
After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-51, authorizing Job 0114 (reconstruction of Front Street from Shell Rock River Bridge to Garfield Avenue) and Job 0231 (rehabilitation of Front Street from Broadway Avenue to the Shell Rock River Bridge), 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 03-51 included with these minutes.)
RESOLUTION 03-52 ADOPTED – AUTHORIZING CITY HRA TO ADMINISTER REHAB PROGRAM
City Manager Sparks reported that the Planning Office administered the MHFA single family rehab program until last year when staff reassignments and time allocations resulted in a need to not continue the program although the City did accept some applications. The City Planner has recommended that the Council authorize the Housing and Redevelopment Authority to administer the Minnesota Housing Finance Agency single family rehabilitation program.
After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 03-52, authorizing the City Housing and Redevelopment Authority to administer the Minnesota Housing Finance Agency Single Family Rehabilitation Program, be approved. On roll call vote, all Councilor voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 03-52 included with these minutes.)
RESOLUTION 03-53 ADOPTED – APPROVING CONTRACT WITH CONVENTION AND VISITORS BUREAU
City Manager Sparks told the Council that this resolution approving a contract with the Convention and Visitors Bureau for 2003 with monthly payments to the CVB in the amount of $11,200.
After Council discussion, Councilor Amundson moved, Councilor Marin seconded, that Resolution 03-53, approving a contract with the Convention and Visitors Bureau for 2003, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.
(See Secretary’s Original Resolution 03-53 included with these minutes.)
RESOLUTION 03-54 ADOPTED – APPROVING ANNEXATION OF WASTEWATER TREATMENT PLANT PROPERTY AND ROADWAY
City Manager Sparks explained that this resolution approves the annexation of the City’s Wastewater Treatment Plant and the roadway connecting the City Limits to the plant.
After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that Resolution 03-54, approving the annexation of the City Wastewater Treatment Plant and the roadway leading to it, 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 03-54 included with these minutes.)
UNLISTED ITEMS
WARD ITEMS
Second Ward, Councilor Erdman:
(a) Seconded Mayor Eaton’s commendation of the Library staff on the City circular included with the Progress edition and commented that a statement is included in the circular asking what sort of sales person are you for the City. He indicated his belief that Mayor Eaton is one of the best salespeople the City has. He expressed deep concern for the abuse the Mayor has endured over the past two weeks and his regret for not stepping up for a vote on the prayer issue. He opposed the prayer because of his belief in a separation of church and state. He commented that he deserved some of the heat and now believes that the issue has been put to rest. He agreed with the Mayor’s action and the manner in which she handled it and thinks that the City now needs to get behind the Council and Mayor to improve Albert Lea.
Third Ward, Councilor Marin:
(a) Asked whether the City has a lease with metro Plains for the Lea Center Building. City Manager Sparks stated that we do. Councilor Marin then asked if the lease is binding and Mr. Sparks reported that it is if they meet the requirements for financing the project.
(b) Asked about the status of the Department of Trade and Economic Development grant for the Lea Center being in jeopardy and whether the City could advertise the building for sale. Mr. Sparks responded that the City has a purchase agreement on the building and noted that the rent collected goes to the Port Authority to pay bills.
(c) Noted that he had received a call indicating that their prayers are with the Mayor.
Fifth Ward, Councilor Kron:
(a) Received a call regarding the pawn shop and the ordinance requirements regarding resale of the items. City Attorney Schwab explained that the City has a very detailed ordinance relating to pawn shops and would be happy to look up the details regarding resale or to provide a copy to anyone.
Sixth Ward, Councilor Brooks:
(a) Commented that he is saddened by the criticism directed at the Mayor and that he is glad to have the issue behind them.
PUBLIC ITEMS
Earl Christensen, 1008 Elmhill Drive, commented on his Letter to the Editor that the Tribune refused to publish regarding the change in water billing. He asked what the cost was to change to monthly billing. City Manager Sparks responded that it cost $41,000 to change to monthly billing. Mr. Christensen then suggested that the City could save that money by returning to quarterly billing.
ADJOURNMENT – 8:30 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, March 10, 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 March 25, 2003.
_______________________________ ________________________________
Secretary of the Council Mayor
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