Pastor Sandra Tonsing offered a prayer.

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.

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 Director David R. Olson, Council Secretary Sandi Behrens and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.

The Pledge of Allegiance was recited.

ANNUAL LICENSES

FOOD/BEVERAGE (catering)

Hot Shots Bar & Grill, 1119 South Broadway

SIGN HANGER

Canvas Products of Dothan, Inc., Dothan, AL

(c) RESOLUTION 03-217 ADOPTED – APPROVES LAWFUL GAMBING APPLICATION: Resolution 03-217 approves the Minnesota Lawful Gambling application of the Albert Lea Amateur Hockey Association for operations at the nasty Habit, 134 West William.

(See Secretary's Original Resolution 03-217 included with these minutes.)

(d) RESOLUTION 03-218 ADOPTED - CLAIMS: Resolution 03-218 presents the financial claims of the City.

(See Secretary's Original Resolution 03-218 included with these minutes.)

Councilor Marin moved, Councilor Erdman 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.

Marge Hamersley, Executive Director of the Chamber of Commerce, reported on the progress of the Albert Lea Area Listens project. She told the Council that she hoped the strategic plan would be complete by July 1, 2004.

Council discussion followed.

Jon Ford, Executive Director of the Housing and Redevelopment Authority, presented the HRA’s annual report and summarized the information included in the report. He invited the Council to a tour of the HRA’s facilities on November 22 at 2 p.m. and also to the monthly board meetings the fourth Tuesday of each month at 7 p.m. at Shady Oaks.

Council discussion followed.

City Manager Sparks reported that the Southern Trails, Twin Valley Council, has requested permission to hold its Cub Scout Day Camp at Edgewater Park on June 9 and 10, 2004 for approximately 150 boys. The Park and Recreation Department concurs with the request and will assist the group in carrying out the day camp to maximize the event.

Councilor Brooks moved, Councilor Marin seconded, that the request of the day camp administrator to hold the Cub Scout Day Camp at Edgewater Park, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the activity authorized.

Mayor Eaton opened a public hearing for Ordinance 69, 3d, accepting the annexation order for the Pro Trucking/Sharon Astrup-Scott property. The necessary notice for this hearing was published on October 31, 2003.

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the Pro Trucking/Sharon Astrup-Scott property in Section 1, 11 and 12 of Albert Lea Township.

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 67, 3d. Mayor Eaton declared the ordinance enacted, the public hearing closed and the property annexed.

(See Secretary’s Original Ordinance 69, 3d included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 70, 3d, accepting the annexation order for the Wastewater Treatment Plant and roadway. The necessary notice for this hearing was published on October 31, 2003.

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the City’s Wastewater Treatment Plant and roadway in Section 25 and 26 of Albert Lea Township.

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 70, 3d. Mayor Eaton declared the ordinance enacted, the public hearing closed and the property annexed.

(See Secretary’s Original Ordinance 70, 3d included with these minutes.)

City Manager Sparks explained that this ordinance amends the City Code relating to the reorganization of the Albert Lea Port Authority board of directors and that this is being done in conjunction with the reorganization of the economic development function for the City. The ordinance encompasses the necessary changes to the City Code to accomplish reorganization and to create a board that consists of citizen members as well as elected officials. The necessary notice for this hearing was published on October 31, 2003.

Roger Bok, 1012 Cato Drive, told the Council that he has not seen anything in writing on this code amendment, asked when the ordinance becomes effective, the public’s right to petition for referendum and if any financial information relating to Jobs Inc. is included in the ordinance. He reminded the Council that there could be no private meetings with two Councilors present. Mr. Sparks responded to Mr. Bok.

Chad Hayson, 930 Lincoln Avenue, asked how the public could respond to an ordinance that hasn’t been read and what is included in the ordinance. City Manager Sparks reviewed the changes included in the ordinance. Mr. Hayson also questioned accountability and the ability to revert to the current system if the reorganization doesn’t work. Mr. Sparks responded that the Port Authority is accountable to the City Council and the City Council is accountable to the general public. To change back would require four years. The Port Authority is a creation of the City government pursuant to State Statute. It is a municipal corporation, a public body just like the City Council. It may not tax, levy, or create a tax increment finance district. There are no ad valorem property taxes in the Port Authority, just state and federal funds, rental income, interest income and sale of land.

Roger Bok, 1012 Cato Drive, told the Council that the Charter says there shall be no separate boards. City Manager Sparks stated that the Port Authority is created under State Statute and it comes under a different law than the Charter. Mr. Bok requested a copy of that law.

Councilor Marin announced that there seems to be a lot of misinformation and confusion in the community caused by these recent changes. He moved to table the ordinance to give the Council an opportunity to meet with its constituents to explain the changes and determine if the citizens want these changes. The motion died for lack of a second.

Don Sorensen, 72823 220^th Street, told the Council that he is not a resident but that he owns a business in Albert Lea and has received calls and visits from individuals indicating that they wanted a voice in this change. He noted that no one was present to speak tonight and that these people did not attend the recent forum at Riverland regarding these changes. These individuals told him that this is a done deal and that their voices wouldn’t be heard. The most common questions that he has been asked are what is the rush, is the Council attempting to transfer funds from the Port Authority to the General Fund, is this a bail out for Jobs, Inc., are we giving Mr. Sparks a golden parachute, is this in the best interests of the City and will there be a state audit of the City and Port Authority books. Mr. Sparks replied that there is an annual audit of both organizations and a state audit is not required and would cost a lot of money. No Port Authority assets would go to Jobs, Inc. Mr. Sorensen said that there are a large number of citizens who are afraid to speak up for fear of retribution. Mayor Eaton asked Mr. Sorensen who the people are afraid of. Mr. Sorensen replied that they are afraid of the City Council and the City Manager. He feels 9 out of 10 people are opposed to this change. He feels the changes need to occur but opposes the method by which they are occurring. He noted a potential for a petition against the change in the next 30 days is very likely. People are opposed to the personnel. He noted that the board should be permitted to hire its staff.

Council comments included a desire to approve the change, no need to table for additional discussion, the possibility for another public forum, the fact that the Council voted to put Paul Sparks in this position, the fact that the citizens will be winners in these very positive changes, the fact that the HRA is proof that these changes are positive, the fact that the make-up of the board will include citizens with some expertise and the fact that people want job creation Councilor Marin went on record in opposition to the change for the following reasons: the personnel issue is at the heart of this opposition, the timing issue and a need to process the changes correctly and openly.

Don Sorensen, 72823 220^th Street, told the Council he is not opposed to Paul Sparks, he is against the process.

Mayor Eaton feels that the board will establish criteria for the staff and follow that.

On roll call vote, all Councilors voted in favor of Ordinance 71, 3d with the exception of Councilor Marin who voted nay. Mayor Eaton declared the ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 71, 3d included with these minutes.)

City Manager Sparks explained that the Board of Zoning Appeals is recommending approval of a variance for 410 Mariners Lane to permit the construction of a garage six feet from the house.

Councilor Fjelstad moved, Councilor Marin seconded, that Resolution 03-219, granting a variance to 410 Mariners Lane, 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 03-219 included with these minutes.)

City Manager Sparks explained that the Port Authority purchased the Lea Center building on behalf of the City in order to carry out a redevelopment project making the City’s application for grant funds a stronger application. The project is nearing the approval stage and it is appropriate for the City to purchase the Lea Center building from the Port Authority. He recommends that the City transfer Lots 1, 2 and 3, Block 2, Community Development Plat #4 plus $120,000 in cash to the Port Authority in exchange for the Lea Center building, bringing the total amount of the exchange to $350,000, the price that the Port Authority paid for the Lea Center building.

Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 03-220, accepting the transfer of the Lea Center building in exchange for lots in Community Development Plat #4, 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 03-220 included with these minutes.)

City Manager Sparks told the Council that he is recommending approval of a contract for sludge disposal with Oyer Trucking at an estimated cost of $266,600 for the landfill charge, hauling, operation of the filter press and a contract settlement as outlined in a letter from Ordean Oyer dated October 17, 2003.

After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that Resolution 03-221, approving a sludge disposal contract with Oyer Trucking and the Steele County Landfill, 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 03-221 included with these minutes.)

Mayor Eaton:

(1) Thanked Dave Olson for his 38 years of dedicated service to the City of Albert Lea and congratulated him on his upcoming retirement.

Mr. Olson thanked the City employees for support during the past 11 years as the Public Works Director/City Engineer. He noted that the Public Works Department has very strong, experienced, conscientious superintendents leading its employees. He also thanked the City for the job and noted that he started out on a City survey crew 43 years ago. He began his career as a graduate civil engineer 38 years ago under Dick Johnson, went into the Navy serving with the Seabees for three tours in Vietnam. He raised three boys while serving the citizens of Albert Lea and noted that it has been a good career.

First Ward, Councilor Amundson:

(1) Appreciated the progressive votes of the City Council with regards to a turn of great events for the City of Albert Lea and stated that it is unfortunate that we have one regressive dissenting vote.

Second Ward, Councilor Erdman:

(1) Reported an abandoned house at 211 Adams Avenue with junk in the yard.

(2) Requested Police Department monitor the no parking restriction on the north side of West William Street in the mornings.

(3) Requested removal of the graffiti from the switch box on Fountain Street at Summer Avenue and asked about any ordinance in the City’s Code regarding graffiti.

(4) Reported two lights out on Lakeview Boulevard at Botsford Avenue.

Third Ward, Councilor Marin:

(1) Thanked Dave Olson for his years of service to the City and noted that he is a very fine man who will be missed.

Fifth Ward, Councilor Kron:

(1) Thanked Dave Olson for his years of service to the City.

Sixth Ward, Councilor Brooks:

(1) Reported that the sign at Oak Knoll Subdivision needs repainting.

(2) Asked if there is an ordinance restricting trailers from parking on residential streets and the City Manager noted that this is not permitted.

Mayor Eaton reminded the citizens to call the City Council or Mayor with any questions or comments and reminded everyone that tomorrow is Veteran’s Day to honor the country’s veterans.

Paul Ehlers, 1620 Canary Drive, representing the Chamber of Commerce Lake Resources Committee, told the Council that the sign posting at the storm sewer inlets is complete. Mr. Ehlers asked permission to distribute remaining t-shirts to the Council. If the Council can’t accept the shirts, he asked that the City pass them out to people who would want to wear them. He also thanked Dave Olson for his assistance in the project. Mayor Eaton thanked Mr. Ehlers for his time and effort on this project.

Roger Bok, 1012 Cato Drive, reported that East Main hasn’t been cleaned yet, Ulstad has a pothole, when is the City going to take care of his street, told the Council that it needs an itemized bill for the boat dock steps, complained about City purchasing lunch for the Mayor, asked about the Council retreat.

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, November 24, 2003. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested November 12, 2003.

_/S/ Sandi Behrens________________                                            _/S/ Jean Eaton____________________

Secretary of the Council                                                                         Mayor