Pastor George Marin, Grace Christian Church, 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.

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.

ARCADE AMUSEMENT

Wal-Mart Supercenter #1020

FOOD/BEVERAGE

Ayanah’s, 2510 Bridge Avenue, Sec. B4

Ayanah’s, 2510 Bridge Avenue, Sec. B4 (catering)

Cedar Valley Services, Inc., 2205 Myers Road

REFUSE HAULER – COMMERCIAL

Thompson Sanitation, P. O. Box 154, 108 West Main Street, Clarks Grove

TEMPORARY LICENSE

(c) RESOLUTION 03-164 ADOPTED – APPROVING LAWFUL GAMBLING APPLICATION: Resolution 03-164 approves a Minnesota Lawful Gambling Premises Permit Application for the Glenville Community Recreation Corporation for operations at the Aragon Bar, 130 West College Street.

(See Secretary’s Original Resolution 03-164 included with these minutes.)

(See Secretary's Original Resolution 03-165 included with these minutes.)

Councilor Brooks moved, Councilor Marin seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion with the exception of Council Fjelstad who abstained. Mayor Eaton declared the motion carried and the consent agenda items adopted.

Mayor Eaton opened a public hearing for the adoption of Parking Maintenance District assessments. The necessary notice for this hearing was published on August 14, 2003.

Mary Ellen Johnson, 331 Willamor Circle, appeared before the Council, requesting additional information on what expenses are included in the parking maintenance district assessment. City Manager Sparks explained that the parking maintenance district includes the parking lots serving the downtown. Mrs. Johnson then asked if it included the downtown streets and Mr. Sparks responded that it does not. Mrs. Johnson commented that cars park overnight in the downtown streets and when the street sweeper comes it must go around these parked cars leaving litter on the street. She requested more enforcement. City Manager Sparks responded that the City does ticket but that residents don’t have much choice on parking.

After Council discussion, Councilor Kron moved, Councilor Amundson seconded, that Resolution 03-166, adopting parking maintenance district assessments, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary’s Original Resolution 03-166 included with these minutes.)

Mayor Eaton opened a public hearing for the adoption of Miscellaneous Assessments Roll 43. The necessary notice for this hearing was published on August 8, 2003. No one appeared to be heard.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-167, adopting Miscellaneous Assessments Roll 43, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the public hearing closed and the resolution adopted.

(See Secretary’s Original Resolution 03-167 included with these minutes.)

Linda Lares, 18458 750^th Avenue, requested permission to use the City parking lot at Fountain and Broadway for a concert on Sunday, September 21, 2003 from 2 p.m. to 7 p.m. for a blues concert to raise funds for the Community Action shelters.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that the request of Community Action to use the parking lot for a blues concert on September 21, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the concert authorized.

First Lutheran Church, 301 West Clark Street, has requested permission to close the 300 block of West Clark Street for a church picnic on Sunday, September 7, from noon to 3 p.m.

After Council discussion, Councilor Marin moved, Councilor Kron seconded, that the request to close West Clark Street be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the closing authorized.

City Manager Sparks explained that the City has received two proposals for a sales tax opinion survey as requested by the City Council.

Councilor Marin moved, Councilor Brooks seconded, that the City proceed with a sales tax study.

Paul Overgaard, 1728 Bay Oaks Drive, appeared before the City Council to state that he believes the survey is not useful at this time. He feels that the City should wait until the Watershed Board has had an opportunity to meet with local agencies and formulate a comprehensive plan to present to the public. He prefers to see the money used for the education process. City Manager Sparks responded that the Council’s intent is to get the public opinion at this time with the intent of tailoring the campaign to get a positive outcome in the referendum.

Tony Trow, 522 Park Avenue, commented that the general public doesn’t know much about what is happening with this issue. The Council needs to get opinions from the public and then educate. He urged the Council to move ahead.

Don Sorensen, 72823 220^th Street, appeared before the Council to express his strong feeling about the lake clean-up and the sales tax. He wants the City, County and Watershed Board to sit down and work out an agreement and then formulate a package to sell to the community. He urged the Council to wait three to six weeks before implementing the survey to permit the completion of the agreement and plan.

Tony Trow, 522 Park Avenue, urged Council not to lose sight of the fact that the City residents have certain specific interests in this project not necessarily shared with others in the County.

Paul Overgaard, 1728 Bay Oaks Drive, told the Council that we are all in this together and that the Watershed Board is as interested in Fountain Lake as it is in Albert Lea Lake.

Council discussion centered around the need to proceed with the survey to gain public input, the fact that this is of regional significance, and a desire to move forward. After Council discussion and on roll call vote, all Councilors voted in favor of the motion to proceed with a sales tax study.

Additional Council discussion included a discussion for a timeline and the fact that the State is reviewing laws relating to local sales taxes. After Council discussion, Councilor Fjelstad moved, Councilor Marin seconded, that the study be conducted immediately and that the City contract with Cincinnatus for this purpose.

Don Sorensen, 72823 220^th Street, noted his preference that this money be used to hire a local facilitator rather than going out of town.

Council discussion centered around the fact that the Cincinnatus plan is more complete than the Decision Resources proposal and payment for this study. After Council discussion and on roll call vote, all Councilors voted in favor of said motion with the exception of Mayor Eaton who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-168 included with these minutes.)

The Engineering Staff has identified problems with the pavement on Lakeview Boulevard between Wedge Street and The Fairway starting to horizontally separate and some soil shifting. Several residents have expressed an interest for a more navigable opening between Edgewater Bay and Fountain Lake requiring the replacement of the culvert. Bolton & Menk has submitted a proposal for professional services to assist the City in the preliminary design of the Hatch Bridge replacement and reconstruction of Lakeview Boulevard from Wedge Street to The Fairway (Job 0314) at an estimated fee of $17,400.

After Council discussion, Councilor Erdman moved, Councilor Brooks seconded, that Resolution 03-169, approving a contract with Bolton & Menk for engineering services associated with Job 0314, 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 03-169 included with these minutes.)

City Manager Sparks reported that this is a development contract between the City and Freeborn County and the City and Crossroads Evangelical Free Church for the proposed sanitary sewer lift station and sanitary sewer development for installation on the County Shop property to service both the County Shop and the Church.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 03-170, approving the development agreements with Freeborn County and the Crossroads Evangelical Free Church for the Hoeger Lane sanitary sewer, 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 03-170 included with these minutes.)

City Manager Sparks explained that this resolution approves an agreement with the Minnesota Department of Transportation for maintenance of the traffic signal on T.H. 65 at Sorensen Road/Blake Avenue at no cost to the City.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-171, authorizing an agreement with MN DOT for traffic control signal system on T.H. 65, 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 03-171 included with these minutes.)

City Manager Sparks told the Council that the City Attorney has negotiated a work-out agreement with Northaire Fabrication relating to the loan to the company from the City Revolving Loan Fund. The company is no longer in business and the City has sold the equipment that secured the loan. The owner has agreed to pay $500 per month up to a total of $6500. When the $6500 is paid, the City will release all personal guarantees. The remaining balance of approximately $30,500 will be written off as an uncollectible loan balance.

After Council discussion, Councilor Brooks moved, Councilor Erdman seconded, that Resolution 03-172, approving a loan settlement agreement and writing off the uncollectible loan balance for Northaire Fabrication, 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 03-172 included with these minutes.)

City Manager Sparks explained that it is necessary to call a public hearing to accept public input for the 2004 budget.

Councilor Marin moved, Councilor Amundson seconded, that a public hearing for the purpose of accepting public input for the 2004 Annual Budget be held on September 8, 2003 in the City Center Council Chambers. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the public hearing called.

Mayor Eaton:

Second Ward, Councilor Erdman:

Third Ward, Councilor Marin:

(a) Asked about the fence obscuring visibility at the southeast corner Front Street and Fourth Avenue.

Fourth Ward, Councilor Fjelstad:

Sixth Ward, Councilor Brooks:

Lois Baker, 905 Maplehill Drive, presented a petition with 200 signatures requesting assistance in keeping the bus service running

Tony Trow, 522 Park Avenue, expressed his appreciation that something is going to be done with Hatch Bridge and reminded people that it is illegal to mow grass clippings into the street.

Councilor Amundson 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, September 8, 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 August 26, 2003.

_______________________________ ________________________________

Secretary of the Council                              Mayor