City Council weighs library vote options in Aberdeen

Sept. 30--Coventry lease: The Coventry lease proposal asks for $8.50 per square foot, or about $263,000 per year, which is subject to a 2 percent increase. Additionally operating expenses would cost $8,333 per month or another $99,996 per year.

Residents looking to call for a public vote on the public library project need to carefully evaluate what they are asking the public to vote for.

During an open discussion about what actions are subject to a referendum or what question could be considered in an initiated measure, city attorney Ron Wager stopped short of providing specific information on whether action so far could be referred.

"Without a petition filed, I can't provide information on what can be referred," Wager said.

Wager and Finance Officer Karl Alberts said their offices evaluate any petitions filed, and cannot provide advice on what can be referred and what can't be referred.

Wager did say there are two options the public can take -- a referendum based on legislative action by the council -- for example, the appropriation of money -- or an initiated measure.

Asked by Councilman David Bunsness for an example of initiated measures, Wager said that, in general, initiated measures pose a question to the voters based on inaction by the Aberdeen City Council. For example, he said, if the community felt there was a need for something and the City Council wasn't taking steps to meet that need, the item could be placed on the ballot for a public vote.

Wager then said Bunsness was also correct in stating that an initiated measure could not change the context of a project currently being considered.

When Councilman Mark Remily expressed confusion on what could be referred now, Wager said he couldn't say whether action could or couldn't be referred, but Bunsness said the window of opportunity for a referendum on the city's latest action has passed because the council's action appropriating money for architectural services for a new public library took place during the budget process.

Wager said if an action by the council is referred, it must be done so by a member of the public and not a public official. That referendum must be submitted within 20 days of the action's publication.

"In the event of a public library building, and depending on how it's financed, it might be subject to the vote of the people," Wager said. Sixty percent of the voters would have to approve that ballot question.

Alberts said a general obligation bond has to be put to the public for a vote, but a sales tax ordinance would be something the public could refer to a public vote.

While there is no official timeline on how long a group has to submit an initiated measure, Wager said, signatures on a petition have to be collected in less than six months. Either petition requires at least 857 signatures of registered voters in Aberdeen, which is 5 percent of the registered voters.

"A private citizen has to be careful in drafting the referendum," Wager said. "It would be very difficult without an attorney."

Coventry building

No City Council members broached the subject of the Coventry building.

According to a letter obtained by the American News, Jack Hieb, the attorney for Quantum Properties, submitted a follow-up letter to Mayor Mike Levsen on Friday.

That letter indicates a 10-year lease option with Quantum Properties would be available for the Coventry building if Quantum Properties is able to purchase the building. The lease condition asks for an $8,333 monthly lease payment, which would be subject to a 2 percent annual increase. The lease payment would cover insurance, utilities, taxes, snow removal and lawn care.

Quantum Properties also offers financing of up to $1 million for building renovation work.

The Coventry building, at 3010 Milwaukee Ave. N.E., was built in 2001-02 for Mutual of Omaha. In a phone interview with the American News, Michael Bockorny, chief executive officer for the Aberdeen Development Corp., said the privately built office building was later obtained by the development corporation.

The building was last occupied by Coventry Health Care, which was bought out by Aetna. Bockorny said even though Coventry hasn't occupied the building, the group has been paying lease payments on the building, but would not disclose when that lease is set to expire.

"We want to get the building filled or sold. That means development will take place," he said.

Train whistles

Remily said he's received questions about what it would take to eliminate the need for train whistles at the railroad crossings in Aberdeen.

City Manager Lynn Lander said the city would have to seek a quiet zone designation, which is a lengthy process and requires all crossings to be gated. To meet this requirement, 10 crossings would have to be upgraded at a cost of $2.7 million, Lander said.

Levsen said he has been asked if the railroad whistles violated the allowed decibel level, and Police Chief Dave McNeil is researching whether the whistle volume meets those requirements.

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