Text Box: 132    

July 10, 2006

 

Pastor Jeff Laeger-Hagemeister, St. John’s Lutheran Home, 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 Pro Tempore Al Brooks.

 

ROLL CALL

 

Present were Councilors Vern Rasmussen, Randy Erdman, George Marin, Jeff Fjelstad, John Severtson, and Mayor Pro Tempore Al Brooks. Absent was Mayor Aaron Summers.  Also present were City Manager Victoria Simonsen, Public Works Director Steve Jahnke, City Attorney Steve Schwab, Council Secretary Shirley Slater-Schulte 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 REGULAR COUNCIL MEETING OF JUNE 26, 2006.

 

(b)   CALLING A WORKSHOP MEETING FOR JULY 20th TO HEAR A PRESENTATION FROM KSMQ-TV AT THE NEXT REGULARLY SCHEDULED PRE-AGENDA MEETING IN THE COUNCIL CHAMBERS AT 5:30 P.M.

 

(c)   CALLING A PUBLIC HEARING TO CONSIDER LIQUOR LICENSE RENEWALS FOR JULY 24, 2006.

 

(d)   RESOLUTION 06-165 ADOPTED – CLAIMS:  Resolution 06-165 presents the financial claims of the City.

 

(See Secretary's Original Resolution

06-165 included with these minutes.)

 

Councilor Marin moved, Councilor Severtson seconded, that the consent agenda items be adopted.  On roll call vote, all councilors voted in favor of said motion.  Mayor Pro‑Temp Brooks 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:

 

  • The alley between 9th and 10th on South Shore Drive is not planned to be paved.  The homeowners along this area would need to petition the city for this improvement if they so desire.  A petition can be received by contacting the City Clerk or City Engineer’s Office.

 

  • The dip in the road on Frank Hall Drive and 8th Street.  The Street Department will correct this.

 

 

PUBLIC ITEMS

 

  • Roger Bok, 1012 Cato Drive, asked why the street on Ulstad and Sheridan is being shut down.  City Engineer Jahnke stated that this area is being paved.

  • Bok stated that all signs should be brought before the council for approval.  City Manager Simonsen stated that we have a sign permitting process.

  • Bok stated that the noxious weeds should be taken care of and disposed of.  City Manager Simonsen stated that the City will be mowing and spraying for this problem.  Bok is concerned about the mess west of the City Garage.

  • He questioned why the City did not purchase Floyd Nelson’s property.

  • Bok questioned why the City is proposing to put windows in the bank building before the roof is fixed.  City Manager Simonsen stated that the windows are not going to be installed before the roof is fixed.

  • Bok stated that the fairgrounds are county property and asked how the City can issue off-premises licenses for the fairgrounds.

 

 

PUBLIC HEARING FOR ON-SALE LIQUOR LICENSE FOR PLAZA MORENA RESTAURANT, INC.

 

Mr. Jose Herrera, 493 Rolling Green Dr., Owatonna, MN is requesting an on-sale intoxicating liquor license for Plaza Morena Restaurant, Inc., 2588 Northbridge Avenue.  This public hearing is being held to receive public input regarding the liquor license application.  All necessary background checks have been completed and approved.

 

Mayor Pro-Temp Brooks opened a public hearing to consider an on-sale liquor license for Plaza Morena Restaurant, Inc., 2588 Northbridge Avenue, Albert Lea.  Notice for this public hearing was published on June 28, 2006.

 

There was no public comment.

 

Mayor Pro-Temp Brooks closed the public hearing.

 

Councilor Rasmussen moved, Councilor Erdman seconded, to approve an on-sale intoxicating liquor license for Mr. Jose Herrera d/b/a Plaza Morena Restaurant, Inc.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Pro-Temp Brooks declared the motion carried.

 

 

REQUEST TO REDUCE ASSESSMENT – DOUG EVANS

 

Mr. Doug Evans, 2190 So. Lincoln, is interested in purchasing the recently tax forfeited property located at 1315 St. John Avenue.  Mr. Evans is the owner of the property located adjacent to this piece at 1317 St. John Avenue.  He is interested in purchasing the property from the County, but the assessments are valued at more than what the land is valued at.  Mr. Evans is requesting a reduction in the assessments from $615.23 plus interest in the amount of $46.14 to $300.  Mr. Evans is currently maintaining the property and has no plans to build on it at this time.

 

There was no comment from the public regarding this issue.

 

Councilor Marin moved, Councilor Fjelstad seconded to reduce the assessment from $615.23 and interest of $46.14 to $300.00. Councilor Rasmussen stated that over the course of two years of mowing that lot, it would take us probably two months to come up to $300.00 in City cost to mow that area, it would be well warranted to give him a discount.   Councilor Severtson stated that in the past we have tried to get assessments reduced for various property owners and this is not a practice we have done.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Severtson who voted nay. Mayor Pro-Temp Brooks declared the motion carried and the motion adopted.

 

 

ORDINANCE 108, 3D ENACTED – REGULATING ADULT ENTERTAINMENT ESTABLISHMENTS – PUBLIC HEARING

 

This is the second reading and public hearing regarding Ordinance 108, 3d Regulating Adult Entertainment Establishments.  The State of Minnesota recently adopted Statute 617.242 which provides more restrictive regulations for adult entertainment establishments.  The statute allows for local regulation to supersede all or part of the statute.  Per Council directive, City staff drafted a local ordinance that would adopt the new statute with the exception of the hours of business.  The Albert Lea ordinance would identify that adult entertainment establishments may not be open for business before 10:00 a.m. or after 1:00 a.m. Monday through Saturday and may not be open for business on any legal holiday or after 1:00 a.m. on Sundays.  State Statute regulates that such establishments would close at 10:00 p.m.

 

Councilor Severtson requested information from the City Attorney regarding our current Sexual Oriented Business (SOB) ordinance.  City Attorney Schwab stated the state statute covers adult entertainment establishments and that state statute has a variety of provisions on zoning, proximities, ownership and hours.  The zoning, proximity and ownership provisions would apply to new business because you cannot put these restrictions on current businesses and make them move.  The only provision that applied to current businesses is the hours provision to close at 10:00 p.m. unless there is a city ordinance already in place.  Currently, the City has a Sexual Oriented Business ordinance that covers things like adult arcades, adult bookstores, adult motels, adult theaters and a wide range of things.  It also covers adult cabaret, which may cover an adult entertainment establishment under the state statute.  If it is, then we already have a 1:00 a.m. closing and the hours issue is moot.  Staff needs to research the rest of the state statute because it has very strict provisions regarding distances, etc. that we would want as part of our ordinance.  The issue regarding hours comes down to the question of whether or not our ordinance is identical to what the state intended with their statute.  Staff would request two weeks to prepare a written opinion regarding our ordinances and state statutes.

 

Mayor Pro-Temp Brooks opened the public hearing.

 

Patrick Corrigan, 814 Frank Hall Dr. stated that he is in favor of the new ordinance allowing the dancers to dance until 12:45 a.m.  He stated that Mr. Fjelstad has run a very good, clean bar for many, many years.  If you did not know that they had topless dancing you would never know because it is down the hallway, a couple of doors before you get to the back room.  They run a very good establishment all the way around.  One of the cleanest bars, I have ever seen in my life.  I know Dawn, who is the owner and conducts business the same way as Jeff did and she is a very good operator.

 

Gary Morrison, 722 Cedar Avenue, stated that he was in favor of drafting an ordinance that supersedes the state law.  Regarding the letter written in the Albert Lea Tribune where Jill Marin grossly overstates the severity of the issue.  If Albert Lea passes this ordinance, the Council and County Boards will still have control of the types of businesses that move into the area.  This is not a sexually oriented or pornographic anymore than the world’s greatest art works that are on public display in museums around the world.  There is no nude dancing, only topless dancing in the Aragon.  There is a big difference.  There are no sex acts performed in the Aragon Bar and children are not allowed in the Aragon Bar.  Also, there are no peep holes for children or other people to look inside to see what is going on in there.  He would like to agree with Jill Marin on one point and that is that this is an election year and do remember that people that try to take away your rights and freedom of speech and expression, those rights and freedoms that our military men and women are dying for right now in Iraq, where these freedoms have been taken away by officials.  Also, remember that in my Bible, and yours also, we are commanded to preach the gospel to all nations not force or impose it upon these nations.

 

Robert Lovelady,1210 W. Richway Dr., stated that this has turned into a referendum for the Aragon Bar especially since there is a conflict of interest within the group.  He stated that he was not here to speak against the management of the Aragon Bar but his concern is what may happen in the future.  He is concerned about more of these types of bars moving into this community and what about our children.  He asked that the city council vote no on this issue.

 

Matt Hundley, 813 S. 4th Avenue stated that he was hoping that the council would not supersede the state ordinance.  His concern is regarding developing a positive attitude about Albert Lea.  He stated that he thinks Albert Lea is a great place in which to live and raise his children.  He would encourage the council to think twice before we go down this road.  He commented that Branson, Missouri is becoming a real wonderful example of a community that has stayed positive, stayed family oriented and is thriving.  He encouraged the council to think twice and not supersede what the state has done.

 

Jan Overgaard, 1728 Bay Oaks Dr., stated that she had written a letter to the editor and also felt that the letter from Jill Marin was a very good letter.  She stated that she thought it was amazing as to what is happening to Albert Lea.  The Minnesota Design Team has set up many different ideas, and for you to go against this state law, which was just passed this year, is not a good idea for Albert Lea to stand out as a leader in this type of a thing.  She stated that she had talked with Senator Sparks as to why this state law was passed.  It would open other things for other people, within other areas of the state as well as in our own county.  The ability to have a city that is under good condition, that people want to move here with their children and not have other things that will cause problems.  This business may be under great management but other places may not be under as good of management.   She commented that she did not think that Jeff should be allowed to vote as it is associated with his business.  The council should be more concerned about the community and the selling of properties, houses and bringing people into this community.  She was surprised that this kind of a thing has to come before the council.  She also stated that she was very upset with Councilor Randy Erdman.  She suggested that the entire council vote no.

 

Dawn Egge, 1122 Crestview, stated that the business has been operating for the past 20 plus years and it has always been a good place to bring up your kids.  It is only one of the few bars where you do not see a brawl, fight or anything like that.  It is a choice if you want to go into the back room or not.  There is no nudity walking through the bar area.  If you do not want to go into the back room.  Living in America it is your choice.  I have never walked into another bar in this community and felt safer, every other bar I have been approached and felt unsafe but not at the Aragon.  This should not become a religious issue as it is only a political issue.  No one complains when the bar has donated monies for sporting events, sponsored teams for sporting events for children and so it has given back to the community in a positive way.  It is not all negative and it is very well run.  If the occasion arises that another business of that nature were to come into Albert Lea, we have law enforcement who can straighten things out.  That is why we have law enforcement and we live in a free country and this is freedom of enterprise.

 

Jill Marin, 1311 S. 4th Avenue, stated that she is a Co-Pastor, Chemical Dependency Chaplin, wife, mother and a citizen of Albert Lea.  She stated that she has friends on both sides of this issue and I do appreciate that the current business in question has contributed to local causes and has cooperated legally.  The issue is far greater than even this one business.  If you vote yes on this ordinance, it can lead to even more businesses of the same type coming to our city.  It is my duty, tonight, to shine the light on the negative aspects which are far greater than any positive aspects of this matter.  The term “adult oriented business” is a sanitized way of addressing pornography.  She stated that pornography is degrading, it is degrading to men, it can be additive, it can lead to terrible criminal acts, it is degrading to women, it tears families apart, I have seen it.  It is not something that the citizens of Albert Lea desire in their city.  If this ordinance passes tonight our beautiful city will have laws concerning pornography that are more lenient than other cities in our state.  This would leave the city vulnerable to new sexually oriented businesses desiring to come here.  The places that they would be able to go according to zoning would be right next to the new businesses that we have at the entry points of the city, such as Wal-Mart and Trails.  The excuse these businesses wouldn’t be able to locate there because of high overhead, does not fly.  There is money in this type of business and it could very easily happen.  As elected members of the City Council, you have a moral obligation to this city and its residents.  You have taken an oath to discharge faithfully the duties devolving upon you as a member of the council of the City of Albert Lea to the best of your judgment and ability.  You must use sound judgment tonight.  I am asking you to vote no on this ordinance, do not compromise with an amendment.  This is a chance, this is a choice we have to better our community.  Any state law should only be superseded if it is for the benefit of the community.  My eleven year old daughter wanted to address you all tonight but was unable to because of a prior commitment.  She wants you to know, she does not want this in her city, and she is concerned for the future.  Is this the legacy you wish to leave Albert Lea?  Is this the legacy you wish to leave our children?  I hope not.

 

David Schreiber, 22909 Bluegrass Road, stated that he appreciated being able to address the council.  With the democratic process, it is a real privilege to have a chance to speak and I know that we are all not going to be on the same page and there will be strong opinions on either side.  I would like to share my personal opinion in that Albert Lea has been home for all of my life, with a few short years in California.  I have to admit that when I lived there, I experienced some of the life styles that I saw; I told myself that I would never raise a family in California.  The education was great, the cultural experiences were wonderful, but there were some negative things as well that would influence our youth who eventually become adults.  It changes their lives for the rest of their lives based on some of the things that they go through at an early age.  I understand that the state has passed a law regarding the time of 10:00 p.m. for certain businesses and I understand that a business owner would come and would be concerned about this.  I hear positive comments from the police force, positive comments about the monies and donations over the years that has helped our community.  What I am concerned about now, is that there may be an unintended result that comes from this, where, now there are communities that are using this as a tool to say we are trying to get rid of this life style and this is our tool to get rid of this.  They can supersede it and make it tougher to get rid of some of these types of businesses, but what I see is possibly some businesses beginning to leave those types of communities and coming to our community here because of the late hour situation because a lot of that revenue comes in after 10:00 p.m.  I understand the concern, but I am also concerned about an unintended backlash, where there will be several types of businesses that will say Albert Lea is a good place to go for this type of business.  It is close to the interstates, they have a late 1:00 a.m. closing, and I am very concerned about that.  I would like everyone to consider that I personally believe that we need to look at all of the ramifications of what this ordinance would do.  Is it truly for the greater good of our community or not.  If it has this unintended backlash, I believe that this ordinance was originally meant to protect the existing business, but I am concerned that it may have other ramifications.

 

Lisa Hansen, 82299 200th Street, Hayward, MN stated that she is the owner of Best Sew & Vacuum Center, 911 S. Broadway.  Besides being a business owner, she is a children’s minister at Grace Christian Church, Albert Lea.  She requested that the city council look at the bigger picture, look at the future generations.  We minister to several different types of children in this community and we encounter many different and difficult situations.  My concern is that we would be opening the city to very difficult situations in the future if we do this.  For the sake of a healthy future of Albert Lea to not supersede what the state has already done.

 

Sgt. Brandon Hansen, 909 Janssen Street, stated that he is a manager at the Best Sew & Vacuum Center, also youth minister at Grace Christian Church.  He was deployed to Afghanistan with the greatest nation on earth working in the Army.  In the Army, they taught us to fight for our values and beliefs.  I believe that we should vote no against this ordinance and you represent us in this matter.  This is not a religious standing, but it a personal standing.  I do not think that we should allow more business of this type to move into our city.

 

Patrick O’Reilly, 715 S. Broadway, requested that the City Council vote no.  He stated that he moved here six years ago for family entertainment, not adult entertainment.  This type of entertainment tears families apart.  I want people to remember Albert Lea for the good things and not for pornography whether it is topless or complete nude.  We could completely avoid a bad situation by voting no to this ordinance.

 

Jolinda Schreiber, 22909 Bluegrass Rd.  First and foremost, I would like to thank all of you for listening and for the awesome job you are doing.  We appreciate for the good job that you do.  I echo the comments that have been made about the Aragon and all of the good things that Jeff and the others have given back to the community in the donations and such.  That should not be overlooked, but I did not think that someone said that they wanted to shut down a bar; I remember that one lady stated that she liked going there and that she did not have to go into the other part.  However, I did not understand Mr. Schwab’s comment on the SOB, it seems like a moot point, since the state has passed a law, and we should make a stand.  I have a concern about additional businesses that will come into our town.  That by the Home Depot, we will have a big neon sign and have big topless written there and that will be the one thing that our community will stand for.  I serve on the School Board and I know that you are trying to attract great businesses to Albert Lea.  We want new families coming into our community and we know Mayo is expanding and they look over our community with a fine tooth comb.  Do we in Albert Lea want to lower our standards compared to what the state is doing right now?

 

Mr. Schwab explained that if there is no SOB ordinance at all then the state statue applies.

 

John Reid, 808 Ulstad Avenue, stated that he is requesting that the council vote no.  A 10:00 p.m. closing is late enough.

 

Dick Polley, 1704 Frank Hall Dr., stated that in the last three years he had worked with Albert Lea Listens, Minnesota Design Team, and Land Between the Lakes to make Albert Lea a place where citizens of Albert Lea want to live and where visitors come into town.  He stated that if we vote for this ordinance it is going to hurt our community and the ability to do these things.  He stated that there were a lot of people in the audience who would not get up and speak and he asked them to raise their hands if they wanted this ordinance voted down.

 

Leroy Miles, 1644 Massee, stated that the issue is not the Aragon Bar.  The Aragon Bar is a neighbor to the Salvation Army offices and the gentlemen that spoke first is correct about their establishment.  It seems bizarre to me that when we are celebrating 150 years of the quality and condition of lifestyle that we have in Albert Lea, that we are in the midst of something that could strike at the very heart of that quality.  The problem is that if we do that here in Albert Lea, we create a vacuum and that vacuum will be filled with the type of businesses and associations that will come into this community that are not quite of the concern of the community that possibly the Aragon Bar is.  For us to expect otherwise really if not reasonable.  Dare I say, that it would be like dropping a couple of cow pies in your dining room and expecting no flies to come in the room.  I have been in several cities where adult entertainment is prevalent and wherever there is a vacuum they will fill that vacuum.  If we become the vacuum, that the businesses that we do not want to come will come and our honorable representatives have said before us that we will have the continued pressure from those businesses to move into the area and the quality of life will begin to deteriorate.  I stand as one of the citizens of Albert Lea requesting that you vote no on this issue.

 

Dick Westrum, 417 Meredith Rd., stated he always considered himself one of the lucky ones to have been able to live in Albert Lea.  He has raised four children in this community and I want to see Albert Lea continue the good life that we have had.  We cannot afford to let other establishments come in that will lower the moral standards in this community.  So I plead with you to vote no.

 

Neil Opstad, 705 N. Shore Avenue, stated that we have heard some very good comments and good discussion.  This again makes him proud to be a citizen of Albert Lea.  He stated that some issues are being talked about helping the Aragon but the statute is not talking about putting the Aragon out of business.  They may have to do some creative management to maintain the current flow of business.  I am asking the City Council to look at the reasons for the Minnesota Statute to have been passed and the findings of the legislature do indicate that sexually oriented businesses can create an increase in crime, prostitution, sexually transmitted diseases, and can in many ways be a detriment to the safety and order of a community.  He stated that he did not feel that the Aragon would contribute to all of these things, but the purpose of the statute was not to regulate the morals of the people of the State of Minnesota, but really to give a tool for law enforcement to use to maintain order in a better way.  I have great respect for the Albert Lea Police Department and the Freeborn County Sheriff’s Department and they are not saying that we need this statute because we have a pretty orderly town, a good community, but I think they should have it if they should need it.  The City Council can determine what kinds of businesses can come into town, but no one here can guarantee that a future city council won’t let in businesses that would be a detriment to Albert Lea.  There is a lot of talk about Albert Lea moving forward, and if the City Council would pass this ordinance it would be sending the wrong message.  Leadership should be leading this community in a different direction, in a direction that would bring in good businesses.  I would like this City Council to vote no on this ordinance.  Regarding the SOB ordinance and if that is in effect, could that be rescinded, as I think we should be in compliance with the State of Minnesota on this issue.

 

Mayor Pro-Temp Brooks closed the public hearing and thanked everyone for coming out to speak.

 

Councilor Severtson tabled this matter until the July 24, 2006 City Council meeting.

 

Councilor Marin stated that over the next two weeks, I would like to ask my fellow councilors to think about this:

 

#1.  We are not just councilors in this city, but we are watch men on the walls of this city.  If this was an ancient city, we would probably be the ones standing on top of the walls, trying to ensure that our city is safe.  We have passed a pawn shop ordinance under the premise that we were wanting to keep our city safe.  I remember councilors, one in particular, saying all of the other communities around us are doing it.  It does not make sense to me to comply when convenient and not comply when it is not convenient.

 

#2.  We have passed and directed staff to draft papers concerning set-backs, so that we would come into compliance with other communities within our area, again on that premise we direct staff so that we can come into compliance so that we can somewhat be like everyone else.  It upsets me greatly, I want you to know, when that type of reasoning is used in making our decisions.  This is not about the Aragon Bar, as I see it.  Jeff Fjelstad is my friend, I appreciate him, and I appreciate what he has done in this community.  I do not see this about the Aragon Bar.  I see it as picking at a hole in the dam and we have a gusher coming and I just would like to ask my fellow councilors to think about that over the next two weeks and to think about what our constituents have asked us to do and we are accountable to them.  We are not just accountable to ourselves; we are accountable to those people that vote.  To the gentlemen that made the statement that this is an election year, absolutely.  I will vote no on this ordinance, no matter if it takes two weeks or a year and I put my reputation and my name on the line when voting that because I believe that to be in the best interest for our community.  I would challenge the voters, in this election year, to not lend your support to councilors that will vote in favor of making our city more vulnerable.

 

Councilor Erdman stated that we are actually proposing was an ordinance to adopt the state statute, so it is a more restrictive ordinance.  The provision that we were deviating from was the hour provision, that is all.  We were adopting a more restrictive ordinance.  Now, for us to gain public input, we have to present this to the public and that is what we did.  We went through the process, we got your input, we hear your input, I appreciate all of your input.  I think the thing to remember here is that the State allowed us that provision, to make that determination locally if we wanted to protect an existing business. Now, we are kind of out on the edge on this, we are the first one’s to deal with this and our City Attorney does not even have all of the information to make an assessment yet.  So no assessment has been made and this is the process we go through, this is democracy, this is not testing someone’s morals or someone’s integrity, this is the process that we have to go through and that is what we are going through.  I think that it is kind of premature to attack individuals, to attack businesses, to make assumptions; this is a process that we are going through.  It is kind of like this, sometimes when you are on a board you have to work together and sometimes you have to give a little to get a little.  I introduced this to get staff to draft the ordinance with the hour provision and then it was to go through the process.  I want to make that perfectly clear.

 

Councilor Fjelstad stated that with all of the people listening on the radio tonight and hearing this, I would image that the Aragon Bar is going to be extremely busy tomorrow, because they are going to wonder what’s going on there.  Well, that is good for Dawn and great for volume or whatever. I found out about the state law being written about four months ago and what the state was trying to do is stop something, like happened in Nicollet, MN, about two years ago.  A group of business men, who probably were less than nice guys, o.k. decided that they were going to take their business into a small town, find a place to rent and rape and pillage the town, for lack of a better description, and that is exactly what they did.  Now, I have never been accused of that in this town, as a matter of fact, it is the other direction and this bar has always been very discrete and hasn’t had any problems with drugs or prostitution.  If we found that there was a problem, with any of that, it was eliminated immediately.  When I bought the place in 1982, that was not the situation, it was very hard to turn this place around and make it a clean establishment.  I can show you percentage, I can show you everything and it was a big job and it got done with the help of the employees, myself, the new owner.  We have seventeen employees that buy things and pay taxes in the community; they do not think that it is morally wrong to work in a place like that because it is not.  So, if you are looking at restrictions, I do not think that you would feel very good if you owned a business and all of a sudden they came in said, I’m sorry but this bank can’t be open past noon, but I’m sorry but this lawyers office can only take cases dealing with theft, that is about what is going on.  I am not asking for anything else, a state law such as this eliminates competition, now that is either good or it’s bad.  We have not had any competition.  When I brought this place, there were three places in town and one by one they have been eliminated.  It takes deep pockets to open a place like this, believe me and that also eliminates competition and it is not one of the cheaper industries to get involved in.  I want it to be known that I do not think we should be singled out and restricted for something that we have been doing for almost 70 years.  If I was a shady character, or the new owner was shady, I would not even be up here now but I got voted in because people did not think that I was shady.

 

 

DISCUSSION REGARDING SEXUAL OFFENDER ORDINANCE RESTRICTING ACCESS TO PUBLIC PLAYGROUNDS

 

At the June 26, 2006 City Council meeting city staff were instructed to meet with Mr. Theodore Paulsen, 616 James Avenue, to discuss the possibility of drafting an ordinance restricting a sexual offender’s access to public areas such as school and park playgrounds.  Upon further research, several communities have addressed the threat posed by convicted sexual offenders visiting parks where children may congregate.  The City Council has been provided with an article from Municipal Lawyer, dated March/April 2006 in which several scenarios are discussed.  To date, local government efforts to ban convicted sexual offenders from public parks have been upheld by the courts.  City Council may want to discuss this issue and determine if further action is necessary.

 

Councilor Severtson suggested that we start with an education campaign.  Councilor Fjelstad suggested that we encourage the local law enforcement and school district to work on enforcement and education on this issue.  Councilor Erdman suggested to move this issue over to community policing strategy.  Councilor Rasmussen thanked Mr. Paulsen for bringing this issue to the public and education on this matter should be our focus.

 

 

RESOLUTION 06-166 ADOPTED – AMENDING LEGAL DESCRIPTION – RESOLUTION 04-104

 

After Council discussion, Councilor Fjelstad moved, Councilor Marin seconded that Resolution 06-166 amending the legal description recorded in Resolution 04-104.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Pro-Temp Brooks declared the motion carried and the resolution adopted.

 

(See Secretary's Original Resolution

06-166 included with these minutes.)

 

 

RESOLUTION 06-167 ADOPTED – CALLING A PUBLIC HEARING FOR JOBZ – ZUMBRO RIVER BRAND, INC.

 

A prospective JOBZ project, Zumbro River Brand, Inc. (ZRB), is requesting that the City of Albert Lea call a public hearing for JOBZ Tax Exemptions on July 24th, 2006 at 7:00 p.m.  ZRB was organized in 1985 as a Minnesota corporation and is purchasing an Albert Lea facility on Lot 7, Port Authority Plat #1, the former Natural Biologics property.  The property consists of 8.49 acres of land and 20,000 square feet tip up concrete structure built nine years ago.  ZRB provides food manufacturers with extrusion, agglomeration and packaging services to produce and package products to their specifications. ZRB meets the State’s requirements regarding wages and capital investment.

 

Councilor Severtson moved, Councilor Marin seconded.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Pro-Temp Brooks declared the motion carried and the resolution adopted.

 

 

(See Secretary’s Original Resolution

06-167 included with these minutes.)

 

 

RESOLUTION 06-168 ADOPTED – APPROVING A CONTRACT WITH UPPER MIDWEST COMMUNITY POLICING INSTITUTE

 

The Upper Midwest Community Policing Institute (UMCPI) has been retained by the City to assist the Albert Lea Police Department in developing and implementing a department with a vision for pro‑active policing.  An emphasis on meaningful community partnerships, shared values, accountability (both inside and outside the organization), and collective problem solving is the primary goal of this project.  A secondary goal is to create an organizational structure that is compatible with this style of policing.

 

In the third week of May, UMCPI distributed and conducted over 50 interviews and focus groups that represented a cross section of community members, city leadership, and police staff.  A report of this assessment was shared with the City Council and Police Department personnel over the past week.

 

Based on their analysis, UMCPI recommends a six phase course of action that would occur over the next twelve months.  Each of the six phases would build on the strengths of the department and assist them in a transition to a more pro-active form of policing.  This resolution would approve a contract with UMCPI for a portion or all of the six phases as outlined.  Details of the assessment will be made available at the Chief of Police or City Manager’s office or on the city’s website.

 

Councilor Fjelstad commented that $99,000.00 for a consulting fee is too much money and that our own Chief of Police should be able to do a lot of this work.  Also, questioned if bringing in an outside group is the right way to attack this problem.  Councilor Severtson stated that none of this money comes out of the general fund but is being paid out of the Police and Fire Pension interest earnings.  Councilor Erdman stated that this is only 3% of the police budget and with some new ideas from the outside this may help in the disconnect with the police department and the public.

 

Councilor Marin moved, Councilor Erdman seconded.  On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad voted nay. Mayor Pro-Temp Brooks declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-168 included with these minutes.)

 

 

RESOLUTION 06-169 -CALLING FOR A PUBLIC HEARING TO FORM AND ADOPT TIF DISTRICT NO. 5-17 – WALGREEN’S

 

The City has received a request to form Tax Increment Financing District No. 5-17 within Development District No. 5 for Walgreen’s Corporation.  This resolution would authorize the preparation of a tax increment financing plan for TIF No. 5-17 in conjunction with the proposed redevelopment project located between Bridge Avenue and Main Street and Katherine and Shellrock.  Prior to the establishment of a TIF and the adoption of a financing plan, a public hearing needs to be held.  This would be conducted on Monday, August 28th at 7:00 p.m.  The estimated tax increment that is generated over a 15-year period for the proposed redevelopment project would be approximately $22,300 annually.  This is based on a market value provided by the Freeborn County Assessor of $1,550,800.

 

Councilor Erdman moved, Councilor Marin seconded.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Pro-Temp Brooks declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-169 included with these minutes.)

 

 

CALLING A PUBLIC HEARING FOR LIQUOR LICENSE RENEWALS FOR JULY 24, 2006

 

The City of Albert Lea will conduct a public hearing at 7:00 p.m. on Monday, July 24th, 2006 in the City Council Chambers for the purpose of considering the renewal of the following liquor licenses:

 

·         Club On-Sale Intoxicating;

·         On-Sale Intoxicating;

·         Off-Sale Intoxicating;

·         Wine On-Sale;

·         Sunday On-Sale Intoxicating.

 

Persons wishing to be heard regarding the renewal of any license will be heard at this time.  If unable to attend, written testimony may be offered and should be given to the City Clerk prior to 5:00 p.m. July 24th, 2006.

 

 

RESOLUTION 06-170 ADOPTED – AUTHORIZING AGREEMENT WITH DEPARTMENT OF PUBLIC SAFETY

 

This resolution would authorize the Mayor Pro-Temp and City Manager to enter into a lease agreement with the State of Minnesota Department of Public Safety for a 5-year term commencing July 1, 2006 through June 30, 2011.  The motorcycle skill test course would be operated on Thursdays of each week with a time to be arranged between 8:00 a.m. and 3:00 p.m.

 

The lease grants an area of land located at the east end of the City Arena parking lot to be used as a motorcycle skill test course and such related activities.  The lease agreement may be terminated for any reason upon 30 days written notice.  Both parties agree to maintain insurance on their own property and to release one another from any and all liability for loss or damage caused by the other party.

 

Councilor Severtson moved, Councilor Rasmussen seconded.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Pro-Temp Brooks declared the motion carried and the resolution adopted.

 

(See Secretary’s Original Resolution

06-170 included with these minutes.)

 

 

UNLISTED ITEMS

 

 

WARD ITEMS

 

Second Ward, Councilor Erdman:

 

  • Question to the Park and Recreation Department regarding the lower road in Edgewater Park, around the cottage and pavilion why is that locked up and closed?  Could this road be open on the week-ends only?

 

Third Ward, Councilor Marin:

 

  • Requested an update on Sunset, City Manager Simonsen stated that there has not been much progress within the last two weeks.  Staff is still in discussions with the owner of the property, and there may be some other land sales in that area that may have cause some of the delay.

 

  • Commented about a portion of fence that has been removed along Blazing Star Trail.

 

  • Concerned about the railroad tracks, just east of Alamco , have not been used for many years, would there be a way to remove these tracks, or who is responsible for them.  City Engineer Jahnke stated that these are privately owned railroad tracks by Alamco and the elevator.  He did not know what their plans are for the tracks and will check on this matter.

 

  • Area behind Shady Oaks & Corner Mart needs to be mowed more regularly.

 

  • Commented that as far as he knew, the skunks have moved out of the 3rd Ward area.

 

Fifth Ward, Councilor Severtson:

 

  • Question regarding the paving of the area by Lea Center.  City Engineer Jahnke stated that Ulland Bros. have that contract and they have indicated that it will be paved in late August, early September.

 

  • Concern about people going in and out of the Tattoo Shop at all hours of the night.

 

Sixth Ward, Councilor Brooks:

 

  • Thanked the public and the council for their patience when he is serving as the Mayor Pro Temp.

 

  • Issue for City Engineer Jahnke, regarding a speed sign on South Broadway (past 11th) that is covered by trees and brush.

 

 

 

ADJOURNMENT –   8:22 P.M.

 

Councilor Marin moved, Councilor Rasmussen 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, July 24, 2006.  On roll call vote, all councilors voted in favor of said motion.  Mayor Pro-Temp Brooks declared the motion carried and the meeting adjourned.

 

 

 

Filed and attested July 17, 2006.

 

 

 

   /s/ Shirley Slater-Schulte                                          /s/ Al Brooks                        

Secretary of the Council                                       Mayor Pro Tempore

 

 

2006 Archived minutes

 

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