Albert Lea, MN March 24, 2003

Reverend Clayton Balsley, First Baptist Church, offered a prayer. The Pledge of Allegiance was recited.

Mayor Eaton presented plaques to former Mayor Bob Haukoos, Second Ward Councilor Dave McPherson and Fourth Ward Councilor Ron Sorenson and thanked them for their years of service to the City of Albert Lea.

Mayor Eaton then presented certificates of graduation to the Albert Lea Police Department Citizens Academy graduates.

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

ANNUAL LICENSES

REFUSE HAULER (Residential and Commercial)

L & P Services, 19112 720^th Avenue, Albert Lea

TREE TRIMMER

Top to Bottom Tree Service, L.L.C., 1302 Southview Lane, Albert Lea

TEMPORARY LICENSES

OFF PREMISES LIQUOR SALES

Aragon Bar, 130 West College Street, Albert Lea, for sales at the Ducks Unlimited Banquet at the Armory on April 12, 2003

(See Secretary's Original Resolution 03-42 included with these minutes.)

Councilor Amundson moved, Councilor Marin 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.

Marvin Raatz, the individual requesting to be placed on the agenda did not appear to be heard. No action was taken.

Mayor Eaton opened a public hearing for Ordinance 63, 3d which adopts the latest Uniform Fire Code dated March, 1997. The necessary notice for this hearing was published on March 17, 2003. No one appeared to be heard.

On roll call vote, all Councilors voted in favor of Ordinance 63, 3d. Mayor Eaton declared the Ordinance enacted and the public hearing closed.

(See Secretary’s Original Ordinance 63, 3d included with these minutes.)

City Manager Sparks explained that Councilor Fjelstad requested that this item be placed on the Council agenda. Councilor Fjelstad told the Council that he had been contacted regarding the paving of the alley between Minnesota and Freeborn Avenues and Sheridan and Johnson Streets (Job 0123). He noted that he had driven the alley and that it is very muddy and rough.

Lynn Berven, 713 Freeborn, told the Council that eight households are interested in doing this project.

Public Works Director Olson noted that the engineering staff favored a concrete dished alley shape due to the water running onto the lots and into basements.

After Council discussion, Councilor Fjelstad moved, Councilor Brooks seconded, that Resolution 03-67, calling a public hearing for Job 0123, alley surfacing between Minnesota and Freeborn Avenues and Sheridan and Johnson Streets for April 14, 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 03-67 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the purchase of 1121 Virginia Place at a cost of $35,000. He noted that the property is prone to sub-drain and soil disturbance and that the City has a sewer line which runs near the house which may need to be replaced at some date in the future. He is recommending that the City purchase the house while it is empty to avoid relocation costs. Additionally, Betty Hendrickson, the owner of the lot at 1119 Virginia Place, has offered to donate that lot to the City. The parcel would further clear the area that is prone to periodic flooding.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 03-68, authorizing the purchase of 1121 Virginia Place and accepting the donation of 1119 Virginia Place, 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 03-68 included with these minutes.)

City Manager Sparks explained that this resolution accepts the low bid of Freeborn Construction in the amount of $1,085,382.74 for the construction of Blake Avenue (Job 0107). He noted that we are currently in the process of doing an archeological survey of the area.

Council discussion centered around the disposal of the excavated material.

Public Works Director Dave Olson told the Council that the Corps of Engineers called late Friday and announced that they will be looking at the wetland. He noted that both the Corps and the City will be conducting a study. The State Historical Society notified the Corps that some study should be done. Once notified, the Corps is obligated to conduct a study. The City’s consultant went to an archeologist that they have used previously and he will look at the road later this week.

Additional discussion occurred regarding the excavated material.

Tom Leland, I-35 Development Company, stated that he had asked the engineer about the possibility of putting the excavated material at the Farmland site and was told that the City didn’t need it at that location.

Additional discussion included the timing of the discussions regarding the dumping of the excavated material in the basement cavities at Farmland. City Manager Sparks told the Council that the discussion occurred after the bid opening. The City contacted the engineering firm and it was determined that the clay could be used in the basements at the Farmland site. The Council consensus was that the discussions appeared as though the City is being deceptive.

City Manager Sparks told the Council that the dirt disposal shouldn’t be discussed at this time as it was not included in the bid specifications. It should be considered at a later date as a separate issue. He told the Council that if the City doesn’t accept the low bid that we are opening ourselves up for a lawsuit.

After additional discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-69, accepting the bid of Freeborn Construction, Albert Lea, in the amount of $1,085,382.74 for Job 0107, Blake Avenue Construction, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilors Erdman and Marin who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-69 included with these minutes.)

City Manager Sparks explained that this resolution approves a contract with Yaggy-Colby Associates for engineering services for the design and construction phase of the Front Street Reconstruction (Jobs 0114 and 0231).

After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-70, approving a contract with Yaggy-Colby for engineering services, 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 03-70 included with these minutes.)

City Manager Sparks explained that due to proposed State Local Government Aid cuts, it is necessary for the City Council to make some adjustments to the City’s budget to eliminate approximately $750,000 from the 2003 adopted budget. He presented his list of proposed changes to the City Council for consideration. He is asking that the Council increase rates at the City Pool, the City Arena and the Senior Center for a total proposed increase of $178,000. He also recommended cuts to certain Park and Recreation programs including reductions in the play park program, warming house funding, Family Y funding, special class instructors and play park specialists and the elimination of A.R.C. funding, the Halloween carnival and the stay fit program for a total reduction of $70,000.

Council discussion included a question with regards to payments made to the Family Y and raising pool rates to $3 per day and $2.50 per day for a 30-day pass.

Dennis Dieser, Executive Director of the Family Y, told the Council that he had received payment for the months of October through December, 2002 but that he has not been paid for the January through March bill, which he presented to the Council at the meeting. He also noted that he wasn’t informed about this proposed cut until the day of the meeting. Mr. Dieser asked whether this bill would be paid and the City Manager responded that it would be paid. Mr. Dieser then explained that he understands the need for the cut but asked that if funds are reinstated if the Council would reconsider funding his program. He noted that the programs will remain intact for the time being.

Councilor Marin apologized to Mr. Dieser for the oversight and commented that he hopes the community is more appreciative of the things we do have available to us.

Art Anderson, 2210 Margaretha and a member of the Senior Center Board, told the Council that they had met with the Park and Recreation Director and he had indicated that they would have no problem then today they were informed that the increase would be immediate. City Manager Sparks explained to Mr. Anderson that the City spends approximately $100,000 per year for the center and receives virtually no revenue. This $25 charge would be a facility use charge to the membership.

After additional discussion, Councilor Marin moved, Councilor Fjelstad seconded, that the rate increases be approved and that a public hearing be held on April 14 to consider the proposed program cuts.

Dennis Dieser then told the Council that the Family Y would consider the funding cut effective March 31.

On roll call vote, Councilors Erdman, Marin, Fjelstad and Kron voted in favor of the motion. Councilors Amundson and Brooks and Mayor Eaton voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-71 included with these minutes.)

City Manager Sparks explained that this ordinance amends the Articles of Incorporation for the Port Authority effective January 1, 2004 and calls for a seven member board, staggered terms, eliminates language designating the City Manager as the staff member and permits budget adjustments as necessary.

After Council discussion, Councilor Brooks introduced Ordinance 64, 3d. Ordinance 64, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance 64, 3d included with these minutes.)

Second Ward, Councilor Erdman:

Third Ward, Councilor Marin:

Fourth Ward, Councilor Fjelstad:

Fifth Ward, Councilor Kron:

Sixth Ward, Councilor Brooks:

Tony Trow, 522 Park Avenue, appeared before the Council on behalf of Destination: Albert Lea and requested that the Council put enough money into the historically-significant city-owned Freeborn Bank Building at the corner of Broadway and William to mothball it to prevent further harm to its structure. City Manager Sparks explained that some parapet work has occurred and that the water inside the building appears to be coming from the drains and not the roof. Money from the tax increment district will pay for the repairs and that the City is aware that it needs to keep the building intact until we are able to acquire the building behind it and that is the purpose for the study.

Mayor Eaton:

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, April 14, 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.

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Secretary of the Council Mayor