Pastor Jeffrey Haegemeister, St. John’s Lutheran Home, 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 Assistant City Manager William L. Schmitt, City Attorney Steven Schwab, Public Works Director David R. Olson, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

Freeborn County Snowmobile Trail Association for Swap Meet at the Freeborn County Fairgrounds on Sunday, September 14, 2003

Aragon Bar, 130 West College Street, for a wedding dance at the Freeborn County Fairgrounds on October 4, 2003

Aragon Bar, 130 West College Street, for a baptism at the National Guard Armory on October 25, 2003

(d) RESOLUTION 03-182 ADOPTED – APPROVES A LAWFUL GAMBLING APPLICATION: Resolution 03-182 approves a lawful gambling application for the National Multiple Sclerosis Society for operations at Harold’s Bar & Restaurant, 1318 East Main Street.

(See Secretary's Original Resolution 03-182 included with these minutes.)

(e) RESOLUTION 03-183 ADOPTED – APPROVES MN DOT MAINTENANCE AGREEMENT: Resolution 03-183 approves a routine maintenance agreement with the Minnesota Department of Transportation for roadways within the City’s corporate limits adjacent to T.H. 13 and T.H. 65

(See Secretary’s Original Resolution 03-183 included with these minutes.)

(f) RESOLUTION 03-184 ADOPTED - CLAIMS: Resolution 03-184 presents the financial claims of the City.

(See Secretary's Original Resolution 03-184 included with these minutes.)

Councilor Marin moved, Councilor Brooks 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.

Mayor Eaton opened a public hearing to accept public input from property owners relating to assessments for the improvement of the Dawn Acres Subdivision by surfacing and storm sewer (Job 0125). The necessary notice for this hearing was published on September 11, 2003.

Mark Meuser, 2109 Kenneth Drive, asked why the notice included a reference to curb and gutter. City Engineer Olson told Mr. Meuser that the original job was offered with different options including curb and gutter which was deleted at the time the job was ordered. Mr. Meuser also asked about the change from sand to dirt. City Engineer Olson explained that the engineering department felt the black dirt would hold the shoulder better.

After Council discussion, Councilor Brooks moved, Councilor Marin seconded, that Resolution 03-185, adopting assessments for Job 0125, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-185 included with these minutes.)

Mayor Eaton opened a public hearing to accept public input from property owners relating to assessments for the improvement of the Habben Area Industrial Park by curb, gutter and street surfacing (Job 0127). The necessary notice for this hearing was published on September 11, 2003. There was no public discussion.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-186, adopting assessments for Job 0127, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-186 included with these minutes.)

Mayor Eaton opened a public hearing to accept public input from property owners relating to assessments for the James Avenue reconstruction (Job 0202). The necessary notice for this hearing was published on September 11, 2003. There was no public discussion.

Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-187, adopting assessments for Job 0202, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-187 included with these minutes.)

Mayor Eaton opened a public hearing to accept public input from property owners relating to assessments for sewer, water, curb, gutter and bituminous in the Chapeau Shores Seventh Addition (Job 0239). The necessary notice for this hearing was published on September 11, 2003. There was no public discussion.

Councilor Marin moved, Councilor Brooks seconded, that Resolution 03-188, adopting assessments for Job 0239, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-188 included with these minutes.)

Assistant City Manager Schmitt explained that this resolution approves final costs for the New Hills Condominium bituminous overlay (Job 0209) at a final cost of $41,373.82.

After Council discussion, Councilor Brooks moved, Councilor Kron seconded, that the final cost for the New Hills bituminous overlay be certified. On roll call vote, all Councilors voted in favor of Resolution 03-189. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-189 included with these minutes.)

Assistant City Manager Schmitt reported that the Police Chief has requested the City Council consider reducing the speed on East Main Street from 55 mph to 45 mph due to the commercial growth in that area. City Engineer Olson noted that it would be necessary to request the Minnesota Department of Transportation conduct a speed study in the area to determine appropriate speeds.

After Council discussion, Councilor Kron moved, Councilor Erdman seconded, that Resolution 03-190, requesting the Minnesota Department of Transportation conduct a speed study in the area between Prospect Avenue and the easterly boundary of Trail’s Subdivision. 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 03-190 included with these minutes.)

Assistant City Manager Schmitt told the Council that the Minnesota legislature created the JOBZ program in 2003 which allows for the formation of tax free zones. The City is joining with other cities and counties to submit an application for tax free zone designation along the I-90 corridor.

After Council discussion, Councilor Marin moved, Councilor Fjelstad seconded, that Resolution 03-191, approving specific areas designated in the application for tax free zones, the use of tax exemptions and tax credits within the designated zones and encourages the Minnesota Department of Employment and Economic Development to approve the Tax Free Zone Application being submitted by the City of Fairmont. 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 03-191 included with these minutes.)

Assistant City Manager Schmitt explained that this resolution proposes to form Tax Increment District 5-14 in Development District 5 and adopt a tax increment financing plan, consultation with other affected jurisdictions and calling for a public hearing.

After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that Resolution 03-192, establishing Tax Increment District 5-14, 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 03-192 included with these minutes.)

Assistant City Manager Schmitt told the Council that Freeborn County has requested the City sign an easement for use of county road right-of-way by an adjacent owner agreement. He explained that the City is not a necessary signatory to the agreement but that the County has asked for City consent because of the controversy and the effect the agreement might have on the City and abutting property owners.

Loran Schroeder, 2017 Kevin Drive, explained that the berm being constructed on the adjacent lot is preventing water from draining off his property. He requested that the berm be removed and the street put back in.

Donna Olson, 1913 South Shore Drive, told the Council that water will run through her property.

Doug Lembke, 1917 South Shore Drive, told the Council that ponding was occurring when he purchased the property, has volunteered to fill the pothole if requested, explained that water drains through the ditch, noted that he has met all requirements and that the berm has not been constructed on the property line.

Marvin Lenze, 2021 Kevin Drive, told the Council that he has lived in the area for over 20 years and has never seen water in the area until the berm was constructed.

After additional discussion, Councilor Brooks moved, Councilor Kron seconded, that the issue be referred back to Freeborn County for additional discussion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried.

Mayor Eaton:

(1) Announced that the Council has balanced the budget for 2004. She noted that the Citizens should be pleased with their decisions and thanked staff for input.

(2) Thanked participants in the mock disaster in Glenville.

(3) State Review for the National Register of Historic Preservation will amend the local historic district to exclude the Kahler Laundry building and will add to the district to include about 100 buildings on October 28.

(4) Congratulated Crescendo for receiving the wonderful review in the Minneapolis Tribune.

First Ward, Councilor Amundson:

(1) Received a call from a resident in the vicinity of 109 Ridge Road. Tree roots are forcing up the curb and backing up water when it rains. Asked staff to review for possible repairs.

Second Ward, Councilor Erdman:

(1) Noted that people are parking in the spots reserved for the Farmer’s Market and requested that they be more courteous and leave the spaces open.

(2) Attended the Minnesota Department of Revenue local option sales tax hearing on September 17 at Rochester with representatives from Rochester, Mankato and Winona. He noted their commitment to providing the best possible service to their residents by a commitment to excellence by building on existing assets, stewardship for the next generation and capitalizing on their uniqueness. He noted his view that we need to come together as a community to discover our assets, maintain a positive attitude and work towards a unified regional trade center and a great community for all.

Third Ward, Councilor Marin:

(1) Asked whether the City or Port Authority has any money invested in Natural Biologics and was informed that we do not.

Sixth Ward, Councilor Brooks:

(1) Asked for more enforcement of City’s noise ordinance in the Habben Industrial Park area.

Councilor Amundson moved, Councilor Marin 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, October 13, 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 September 23, 2003.

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

Secretary of the Council                                                                         Mayor