August 28, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, August 28, 2017, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, Robert Rasmussen, and Al Brooks. Also present were City Manager Chad Adams, City Attorney Lee Bjorndal, City Engineer Steven Jahnke and City Clerk Daphney Maras.

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS

OATH OF OFFICE
Clerk Daphney Maras administered the Oath of Office to Police Officer Christopher Diesen.

PUBLIC FORUM
Todd Harabedian, 1002 Bridge Ave. Mr. Harabedian thanked council and staff for their efforts and support regarding his complaint against the HRA board and employees.
Julie Boeckman, 1002 Bridge Ave. She reported issues to the HRA but has not received a response.
Jerry and Joanie Weitzel, 1203 Gene Ave. Mr. and Mrs. Weitzel have complaints of an over population of feral cats in their neighborhood. They are asking for assistance in reducing the number.
Harold Kamrath, 326 Glenn Rd. presented an oversized mushroom he picked from his yard and suggested it could be a tourist attraction in Albert Lea.

Mayor Rasmussen closed the public forum and proceeded with review of the Council Agenda. He noted that the item under Petition, Requests, and Communications regarding the Green Lea Golf Course Goose Management plan will be removed as it is being addressed by the Minnesota Department of Natural Resources.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The August 14, 2017 Regular Council Meeting
B. Approve Minutes Of The August 10, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Accepting Donation Of Good Or Services For The Albert Lea Splash Pad Project
E. Resolution Accepting Donations Presented To The City Of Albert Lea
F. Resolution Accepting Towards Zero Deaths (TZD) Enforcement Grant Award – Minnesota Department Of Public Safety
G. Resolution Supporting OSHA Safety Grant Application To Minnesota Department Of Labor And Industry
H. Resolution Approving Lot Reconfiguration Through An Administrative Lot Survey For The Property Described As Lots 4, 5 & 6, Block 2, Trails Subdivision
I. Approve Albert Lea Public Library ‘Food for Fines’ Program During National Hunger And Homelessness Awareness Week

MOTION: Move to approve the consent agenda as presented with removal of the Green Lea Golf Course Management Plan item.

Motion made by Councilor Baker, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-153-157 included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

Mayor Rasmussen said Adams will provide an update on the Mayo Clinic Hospital.

Adams discussed the recent meeting with the Attorney General and four members from her office held in Albert Lea. Adams mentioned others in attendance were the Commissioner from the Department of Health and four staff members. In addition, one member of the Department of Human Services and a member from the Department of Commerce was present via phone. Adams added Councilor Murray and City Attorney Bjorndal were present as well. He said he has had a number of follow-up conversations with the Attorney General’s office and the Department of Health since that meeting.

Adams reports the Attorney General’s office sent 23 questions to Mayo staff to answer by this Wednesday. Adams added he has had communication with Mayo Staff and elected officials at the State and Federal levels, as well as the Save our Hospital group. He explained the City is currently working with Mayo regarding an Economic Impact Analysis Study. The City will also request a Health Impact Study from the Department of Health. He stated the City will not be required to pay for these studies, and expects the results to provide answers to questions the community has been asking.

Adams said the primary request continues to be to delay the implementation of Mayo’s optimization of planned services. Adams added the Save Our Hospital Group has done a tremendous job of asking a lot of questions and reaching out beyond what the City’s capabilities are. Adams concluded with stating the City will continue to work with the Save Our Hospital Group, the County, and the State of Minnesota.

UNFINISHED BUSINESS

ORDINANCE 208,6D ENACTING AUTHORIZATION FOR EXTENDING A LOCAL OPTION SALES AND USE TAX (2ND READING)

Adams explained the first reading of this ordinance was held on August 14, 2017. Approval of the final reading would approve the extension of the tax for another period of up to 15 years or until $30 million total is collected. The Minnesota State legislature approved this extension in its 2017 Minnesota Special Session Law under Chapter 1, Article 5, Sections 12 and 13. The City Clerk shall, upon approval, file with the Secretary of State a Certificate pursuant to Minn. Stat. § 645.021, subds. 2 and 3. Staff recommends approval of the final reading.

Motion made by Councilor Olson, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Ordinance 208,6d
included with these minutes)

RESOLUTION 17-158 PERMITTING PUBLICATION OF ORDINANCE SUMMARY OF AN ORDINANCE ENACTING AUTHORIZATION TO EXTEND LOCAL OPTION SALES AND USE TAX

Council has passed an Ordinance enacting authorization for extending a local option sales and use tax. In the case of lengthy ordinances, the council may determine that publication of a summary of an ordinance will clearly inform the public of the intent and effect of the ordinance if it is approved by four-fifths vote of its members. A summary has been drafted. Staff approves passage of the resolution for publication of the summary.

Motion made by Councilor Brooks, seconded by Councilor Murray. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-158
included with these minutes)

RESOLUTION 17-159 MODIFYING PREVIOUS RESOLUTION DEFERRING ASSESSMENTS FOR 1525 BLAKE AVENUE (JOB 0107)

Adams explained the attached resolution was previously presented at the August 14th City Council meeting as Resolution 17-146. At that meeting, council discussed modifying the language to include additional triggers that would require assessments to be paid in full. The revised conditions include any new addition to buildings or a change in use from residential to commercial. After further discussion, council chooses to table this resolution until the property owner is contacted and options are explored.

Motion made to table this resolution until further discussion with property owner can take place. Motion made by Councilor Murray, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-159 (TABLED) included with these minutes)

NEW BUSINESS

RESOLUTION 17-160 APPROVING GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION – OFFICE OF AERONAUTICS

Attached for Council review and approval is a resolution to execute the Minnesota Department of Transportation Grant Agreement for airport maintenance and operations. The agreement is for State Fiscal Years 2018 and 2019 and is essentially the same as the last two year cycle. The State will reimburse the City for 75% of the eligible maintenance and operations costs not reimbursed by any other source, not to exceed $59,345.00 per year. Engineering is recommending entering into the agreement.
Motion made by Councilor Baker, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-160
included with these minutes)

RESOLUTION 17-161 AUTHORIZING CITY OF ALBERT LEA TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT AMENDMENT A01 TO MN AGREEMENT #1028630 – AIRPORT ARRIVAL/DEPARTURE BUILDING & PARKING LOT (JOB 1608)

Attached for Council approval is a State Agreement to construct the Albert Lea Municipal Airport Arrival/Departure Building and Parking Lot. The amendment increases the state funds from $381,744.00 to $948,374.00 or approximately $566,630.00. This is the last of three agreements. The first State Agreement was approved in June 2017. The Federal Agreement was approved at the August 14th meeting.

The estimated project cost is $2,151,134.69 with the State portion being estimated at approximately $948.374.00, Federal portion being estimated at $766,342.00, and the City portion being estimated at approximately $436,419.00 These final numbers show a decrease in State funds from an original estimate of $1,043,000 and increased the City share from approximately $384,750. This change was because a portion of the project that was believed to be eligible for a 5% share cost was not and the state rules applying to eligible work changing.

JD Driver, Ltd. Of Rose Creek, MN is the low bidder and work is expected to begin in September 2017 and be completed in the 2018. Staff recommends approval.

Howland asked for explanation of the decrease in 5% share cost. Jahnke explained anything over $200,000 of State funds is not eligible if it is spent on an arrival/departure building. Jahnke added the City was not aware of that rule prior to the amendment.

Motion made by Councilor Brooks, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-161 included with these minutes)

RESOLUTION 17-162 AMENDING CITY ASSESSMENT POLICY PERTAINING TO RESIDENTIAL PROPERTIES FOOTAGE (2017 Misc. 86)

Adams said included in the council packet is a revision to the City of Albert Lea Assessment Policy. This Assessment Policy was originally adopted in 2006, and amended several times with the latest revision in March of 2017. The city has been making small revisions to the policy over the years. Currently the Assessment Policy caps the front footage for residential properties at 300 feet. The amendment reduced this footage to 150 feet. The policy change is proposed to apply to residential properties only and would not apply to commercial properties. There are very few residential properties with over 150 feet of front or side footages; mainly corner lots or combined lots. This policy change is intended to eliminate the large lots that have much larger assessments than a typical assessment. Staff is recommending this policy change apply to 2017 projects.

Motion made by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-162 included with these minutes)

RESOLUTION 17-163 AUTHORIZING ACTION ON TAX FORFEITED LAND

The City of Albert Lea is required to reinstate the assessments for properties which are on the tax forfeited list when the sales price of the property does not cover the outstanding assessment balance. The County Auditor requires this resolution. Staff recommends approval

Motion made by Councilor Olson, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-163 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – Cancellation of the neighborhood picnic due to inclement weather.
• Committee Update – Attended several meetings regarding Mayo hospital.

Second Ward, Councilor Baker reported:
• Ward Items – Items referred to staff.
• Committee – Attended Save Our Hospital meetings at the Legion.

Third Ward, Councilor Howland reported:
• Ward Items – Items referred to staff.
• Committee – Attended the neighborhood picnic at Wedgewood Park.

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – attended HRA Advisory meeting during which they discussed and implemented a Social Media Policy. Reviewed how to best handle tenant complaints. Also reviewed the smoke-free policy at the HRA building and discussed the management agreement on Bridge Street.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Followed up on one item.
• Committee Update – Attended the Library Board Meeting; Hotspot funding ends August 31st.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Received a nuisance report of the feral cats in the Gene Ave. area. He also commented he has received calls regarding requests for a Park Shelter at Morin Park.
• Committee Update – None

Mayor Rasmussen: None

CITY MANAGER REPORT – Adams announced the hours of operation for the newly-opened splash pad. He thanked the donors to the Splash Pad and commented that it has been a positive addition to the City. To Howland’s question, Adams replied the on/off switch to the Splash Pad is on a timer.

APPROVAL OF CLAIMS
RESOLUTION 17-164 APPROVING CONTRACT WITH COUNCILMEMBER BROOKS
Adams explained he attached resolution directs the Mayor and City Clerk to make payment in the amount of $322.90 on behalf of the City for a claim from Brooks Safety Equipment and to issue payment for filing the affidavit of official interest by the interested official, Councilor Brooks.
Motion made by Councilor Howland, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, and Mayor Rasmussen. Abstain: Brooks. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-164
Included with these minutes)

RESOLUTION 17-165 APPROVING CLAIMS

Adams displayed claims over $25,000 providing detail explanation of each.

Adams explained that the attached resolution directs the Mayor and City Clerk to issue the payment of claims as presented in the Detail of Claims report.

Baker asked if there was an updates regarding Freeborn Mower’s interest in adding solar power in different areas of the City. Adams said he has not received an update, but will contact them for information. Baker also inquired about LED street lights. Adams deferred to Jahnke who reported approximately 25 lights will be converted first to ensure they are suitable, and will proceed from there.

Motion made by Councilor Brooks, to approve payment of claims as presented for checks #65032 through #65181 in the amount of $539,625.60, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Baker, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-165
Included with these minutes)

ADJOURNMENT – 7:35 PM
Motion made by Councilor Brooks, seconded by Councilor Murray, that there being no further business, the Council meeting adjourn until the next regular meeting of the Albert Lea City Council at 7:00 p.m., on Monday, September 11, 2017. On roll call vote, all councilors voted in favor of said motion. Mayor Rasmussen declared the motion passed and the meeting adjourned.

_/s/___________________________
Mayor Vern Rasmussen Jr.

_/s/___________________________
Daphney Maras
Council Secretary

Minnesota state law (Chapter 156 of the Session Laws of 2005) requires that "a city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees." For the City of Albert Lea, titles and salaries as of Jan. 1, 2019, are: City Manager, $138,375.12; Director of Public Works/City Engineer $110,780.80; and Director of Public Safety $103,646.40. Date of publication: January 23, 2019.