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.

The Pledge of Allegiance was recited.

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.

TEMPORARY LICENSES

  FOOD/BEVERAGE

  Zion Lutheran Church for Freeborn County Fair July 28 through August 3, 2003

  DANCE

  Lynn Joel, 305 East 7^th Street, for August 23, 2003 at the National Guard Armory for a wedding dance

(c) RESOLUTION 03-144 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-144 approves the Minnesota Lawful Gambling Application for Exempt Permit for the Southern Gateway Chapter Minnesota Deer Hunters Association to conduct a raffle at the American Legion Club, 142 North Broadway, on September 13, 2003.

(See Secretary’s Original Resolution 03-144 included with these minutes.)

(d) RESOLUTION 03-145 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-145 approves the Minnesota Lawful Gambling Application for Exempt Permit for the Southern Gateway Chapter Minnesota Deer Hunters Association to conduct a raffle at the Eagles Club, 205 West William, on September 16, 2003.

(e) RESOLUTION 03-146 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-146 approves the Minnesota Lawful Gambling Application for Exempt Permit for the South Central Minnesota Pheasants Forever to conduct a raffle at the Union Center, 404 East Main Street, on February 7, 2004.

(f) RESOLUTION 03-147 ADOPTED – APPROVING ADMINISTRATIVE SURVEY:  Resolution 03-147 approves an Administrative Survey of Lots of Record combining Lot 1, Block 1, T.L. Whitney’s Addition and Lot 7, Block 5, College Addition for Gary Bush.

(g) RESOLUTION 03-148 ADOPTED – CALLING A PUBLIC HEARING FOR MISCELLANEOUS ASSESSMENTS ROLL 43: Resolution 03-148 calls a public hearing to adopt Miscellaneous Assessments Roll 43 for August 25, 2003.

(h) RESOLUTION 03-149 ADOPTED – CLAIMS: Resolution 03-149 presents the financial claims of the City.

(See Secretary's Original Resolution 03-149 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.

City Manager Sparks explained that this hearing is called for the renewal of all intoxicating liquor licenses including on-sale, off-sale, on-sale Sunday, wine, and club. The necessary notice for this hearing was published on July 15, 2003. There was no public discussion.

Councilor Brooks moved, Councilor Erdman seconded, that all of the following intoxicating liquor license renewals, be approved:

2003-2004 ON-SALE INTOXICATING LIQUOR (expiring 8/31/04)

Aragon Bar, Inc.                                                                          Harold’s of Albert Lea, Inc.

d/b/a Aragon Bar                                                                        d/b/a Harold’s Bar & Restaurant

130 West College                                                                      1318 East Main Street

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

Timothy Iverson                                                                           Crescendo Dynamic Downtown Dining

d/b/a Hot Shots                                                                           d/b/a Crescendo

1119 South Broadway                                                               118 South Broadway

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

Jacob Zamora, Sr.                                                                      The Zoo of Albert Lea, Inc.

d/b/a Casa Zamora                                                                     d/b/a Nasty Habit

2006 East Main Street                                                               134 West William

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

Phillies of Southern Minnesota, Inc.                                           P & E Enterprises, Inc.

d/b/a Philly’s Bar & Grill                                                              d/b/a Eddie’s Bar

804 East Main Street                                                                  719 Marshall

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

Albert Lea Club Management, Inc.                                            Elseth Enterprises, Inc.

d/b/a Albert Lea Golf Club                                                          d/b/a Green Lea Golf Course

1701 Country Club Road                                                            101 West Richway Drive

Albert Lea, MN 56007                                                                 Albert Lea, MN 56007

Mall Snack Shoppe, Inc.                                                              Apple American Limited Partnership of MN

d/b/a Café Don’L North                                                               d/b/a Applebee’s Neighborhood Grill & Bar

2588 North Bridge Avenue                                                         2740 North Bridge Avenue

Albert Lea, MN 56007                                                                 Albert Lea, MN 56007

Joe M. Talamantes                                                                      Bueno Management Inc.

d/b/a Tienda Mexico                                                                   d/b/a Nite Moves

2201 East Main Street                                                               137 East Clark Street

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

JKD LLC                                                                                      Shell Rock Food & Beverage LLC

d/b/a Dillan’s Restaurant                                                            d/b/a Green Mill Restaurant & Brew Pub

2301 East Main Street                                                               2218 East Main Street

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

2003-2004 SUNDAY ON-SALE INTOXICATING LIQUOR (expiring 8/31/04)

AFL-CIO                            

Green Lea Golf Course

Albert Lea Golf Club

Harold’s Bar & Restaurant

Eagles Club

Green Mill

Dillan’s Restaurant

Hot Shots

Elks Lodge

Applebee’s

Knights of Columbus

Philly’s Bar & Grill

Casa Zamora Restaurant

Loyal Order of Moose

Tienda Mexico

Café Don’L North

2003-2004 CLUB ON-SALE INTOXICATING LIQUOR (expiring 8/31/2004)

AFL-CIO Union Club, Inc.                                                           Knights of Columbus Lodge 1590

d/b/a AFL/CIO Union Club                                                         d/b/a Knights of Columbus

404 East Main Street                                                                 1002 South Broadway, P. O. Box 861

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

American Legion                                                                         Loyal Order of Moose Lodge 1703

Leo Carey Post #56                                                                    Albert Lea Moose Club

142 North Broadway                                                                   328 Main Court

Albert Lea, MN 56007                                                                Albert Lea, MN 56007

Fraternal Order of Eagles Aerie 2258                                      BPOE Lodge 813

d/b/a Eagles Club                                                                        d/b/a Elks Lodge

205 West William, Box 607                                                        1811 Southeast Broadway

Albert Lea, MN 56007                                                                 Albert Lea, MN 56007

2003-2004 OFF-SALE INTOXICATING LIQUOR (expiring 8/31/2004)

Todd Haroldson                                                                            Hy-Vee, Inc.

d/b/a Main Street Liquors                                                            d/b/a Regal Liquor

1320 East Main Street                                                                 2708 Bridge Avenue

Albert Lea, MN 56007                                                                  Albert Lea, MN 56007

Cheers Liquor, LLC                                                                     J & B of Albert Lea, Inc.

d/b/a Cheers                                                                                 d/b/a Southtown Liquor

1617 West Main St.                                                                     1018 South Broadway

Albert Lea, MN 56007                                                                  Albert Lea, MN 56007

R & B LLC                                                                                     Freeman Family of Albert Lea, Inc.

d/b/a Liquor Depot                                                                       d/b/a Fountain Warehouse Liquor

606 South Broadway                                                                  160 Bridge Avenue

Albert Lea, MN 56007                                                                 Albert Lea, MN 56007

2003-2004 WINE ON-SALE (expiring 8/31/2004)

China Restaurant of Albert Lea, Inc.                                          Gwendolynn J. Reiss

d/b/a China Restaurant                                                               d/b/a Turtle Dove Tea House and Gardens

805 East Main Street                                                                  510 West Main Street

Albert Lea, MN 56007                                                                 Albert Lea, MN 56007

On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who abstained. Mayor Eaton declared the motion carried and the liquor license renewals approved.

Dr. Niles Shoff, chair of the Albert Lea Charter Commission, appeared before the City Council to report on the Charter Commission’s activities during the year and the Commission’s decision to deny the Think Tank’s request for changes to the City Charter.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that the report be received and placed on file. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

City Manager Sparks informed the Council that Mayor Eaton is recommending the appointment of Grace Haukoos to the Library Advisory Board.

Councilor Marin moved, Councilor Amundson seconded, that the appointment of Grace Haukoos to the Library Advisory Board be confirmed. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the appointment approved.

City Manager Sparks reported that this resolution approves a contract with the Iowa, Chicago & Eastern Railroad Company and the Commissioner of Transportation for the installation and maintenance of the updated railroad crossing signals at the intersection of East Front Street with the Iowa, Chicago & Eastern Railroad Company railroad tracks.

After Council discussion, Councilors Kron moved, Councilor Brooks seconded, that Resolution 03-150, approving the contract for the railroad crossing signal upgrade, 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 03-150 included with these minutes.)

City Manager Sparks explained that this resolution authorizes the transfer of funds received under tax increment finance projects to their respective advance sources of funds. The repayments go to the General Fund to repay advances, to the Bond Fund to make debt service payments and to pay-as-you-go developers.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-151, authorizing tax increment fund payments, 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 03-151 included with these minutes.)

City Manager Sparks reported that this resolution amends the legal description in Resolution 03-92 for the annexation of the Crossroads Evangelical Free Church property along Hoeger Lane. He noted that the original description included a portion of Hoeger Lane and in order to avoid confusion between the City and the township over maintenance, the legal description is being amended to exclude all of Hoeger Lane from the annexation.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 03-152, amending the legal description in Resolution 03-92, 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 03-152 included with these minutes.)

City Manager Sparks stated that this resolution authorizes the annual deer management hunt on City-owned property between September 14, 2003 and December 31, 2003.

After Council discussion, Councilor Amundson moved, Councilor Brooks seconded, that Resolution 03-153 authorizing the annual deer management hunt, 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 03-153 included with these minutes.)

City Manager Sparks noted that this resolution approves the annual A.C.T. contract for the 2003-2004 season.

Councilor Erdman moved, Councilor Kron seconded, that Resolution 03-154, approving the 2003-2004 Albert Lea Community Theater contract, 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 03-154 included with these minutes.)

City Manager Sparks told the Council that Exol Corporation has requested permission to discharge cooling water into the City sewer system during high water events. He noted that if the City is experiencing problems with high water that we would not be able to honor the discharge for a 24-hour period. He further explained that the City would issue an amended permit if the Council chooses to honor the request.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that Resolution 03-155, approving emergency discharge of cooling water into the City sewer system by Exol Corporation, 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 03-155 included with these minutes.)

Mayor Eaton:

(a)  Reminded everyone of the strategic planning process currently in progress and that three facilitators have been interviewed and that a decision would be made soon.

(b)  Reminded everyone to mark their calendars for the first Celebrate Albert Lea event scheduled for August 29 and 30 and noted the various events to occur on those two days.

First Ward, Councilor Amundson:

(a)  Thanked the Engineering Department for the painting on Richway and Greenwood and the correction to the drainage problem on Green Lea Lane.

Second Ward, Councilor Erdman:

(a)  Requested that the City Manager schedule a workshop meeting within 90 days, by November 1, to discuss economic development and some of the new tools the legislature authorized including the tax free zone, venture capital tax credit and the Minnesota investment fund and to set priorities on the City Council’s next move, what the Council can do to attract business.

(b)  Thanked the Engineering Department for the quick response to the parking changes on Fountain Street.

Third Ward, Councilor Marin:

(a) Thanked the group of volunteer kids painting stop sign posts, etc. around the City.

(b) Wished a Happy 50^th Birthday to Councilor Erdman on Tuesday.

(c) Asked the City Manager if there is anything the City Council can do to assist the Police Department’s fundraising efforts for defibrillators. City Manager Sparks explained that the City has already spent the 2003 allocation from the police and fire fund to balance the 2003 budget. He will look into it.

Fourth Ward, Councilor Fjelstad:

(a)  Has received complaints from residents on Johnson Street near the lake regarding the loud motorcycles in the area waking them around 3 or 4 a.m. He recommended they call the Police Department.

(b)  Noted that residents have complained about ThorneCrest employees parking on Garfield. He spoke with the director’s secretary who relayed the information to the director and he read a memo which was given to all employees asking them to park in the east parking lot or along Hawthorne. He requested that the curb on the north side of Levison be painted yellow.

Glen McDaniel, 701 Garfield Avenue, told the Council that someone from the City had cleaned out the sewer drain near his house about a month ago and put it on the sidewalk and that no one has picked it up. He noted that the same thing has happened near the railroad tracks.

Don Sorensen, 72823 220^th Street, told the Council that he is an active member of the Think Tank. He said that one of the issues which continues to pop up is what can be done to change the negative attitude that has been so prevalent in our city. One of the main complaints being that the City Administration, City Council, is not doing a very good job of representing and listening to the needs of the public. True or not the perception is there. He told the Council that the City Charter is very well written and it gives the City Council very broad authority. The only problem noticed was that the powers are implied, not explicit. The recommended changes would have clarified the powers and provide clear guidance for the Council operation. Any future group action will depend on any Council action. All of the suggestions, with the exception of the Mayor’s term, can be enacted by the City Council at any time.

John Petersen, 2431 Southeast Marshall, asked the City Council for City assistance in the placement of a water fountain in Fountain Lake. He explained that the County and the DNR have already granted permission for the fountain and that they have begun fundraising efforts but that they are requesting permission to hook up to City electricity. After Council discussion, Councilor Fjelstad moved, Councilor Amundson seconded, that the group be permitted to bury electrical cable and hook up to City electricity. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and permission granted.

Councilor Marin moved, Councilor Amundson 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, August 11, 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 July 29, 2003.

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

Secretary of the Council                                                                         Mayor