May 14, 2018

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 14, 2018, 7:00 P.M.

PRESENT: Mayor Pro Tem Larry Baker, Councilors Rich Murray, Jason Howland, Robert Rasmussen, Reid Olson, and Al Brooks. Also present were City Manager Chad Adams, City Attorney Kelly Martinez, and City Clerk Daphney Maras.

Mayor Vern Rasmussen, Jr. was absent.

CEREMONIAL ITEMS

A. 2018 Albert Lea Police Department Citizen Academy – Deputy Director of Police JD Carlson presented the participants of the 2018 Citizen Academy. Carlson noted this week is also National Police Week and relayed the history of how this became a proclamation.

B. Wastewater Treatment Plant Certificate of Commendation – Waste Water Treatment Plant Superintendent Rick Ashling was present to accept the Certificate of Commendation. Baker read the commendation from the Minnesota Pollution Control Agency and thanked Ashling and the WWTP staff for their dedication and hard work.

C. Southeast Minnesota Best Places to Work Award – Val Qually Placement Specialist and Career Planner for Freeborn County Workforce Development, Inc. provided the background of how this award is determined. Qually read the plaque commendations relayed from City employees. Adams shared his appreciation and gratitude to all City Staff.

PUBLIC FORUM

Mayor Pro Tem Baker mentioned item “F” on the Consent Agenda, “Resolution Authorizing Agreement with City of Hartland for Enforcement of Certain Ordinances” will be removed from the Consent Agenda and will be open for discussion.

Susie Petersen of the Convention and Visitors Bureau announced after submitting a proposal, the City of Albert Lea was officially appointed to host the 2019 Governor’s Fishing Opener. Board Members Glen Parsons and Mary Nelson spoke of the honor to host this event as did Park & Recreation Director Bob Furland.

Dee Hamberg introduced herself as the Program Coordinator for the Community Cat Project. She explained the CCP is a low cost trap, neuter, vaccinate, return program for stray, feral, and free roaming cats in Freeborn County. Ms. Hamberg shared comments and concerns with the proposed agreement between the City of Albert Lea Police Department and the Hartland community. She spoke of the safety and welfare of the treatment of cats. She asked council to gather more information before voting on this proposed agreement.

Mayor Pro Tem Baker closed the public forum after noting no one else chooses to speak.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The April 23, 2018 Regular Council Meeting
B. Approve Minutes Of The April 23, 2018 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Declaring Unclaimed And Abandoned Property And Authorizing City Sale Following Published Notice
E. Resolution Amending Agreement With City of Alden for Administrative Services Related To Their Rental License Ordinance, Minimum Housing Ordinance And Public Nuisance Ordinance
F. Resolution Authorizing Agreement With City Of Hartland For Enforcement Of Certain Ordinances
G. Resolution Recommending Low Bidder For Bituminous Materials
H. Resolution Waiving Landfill And Building Permit Fees For 2018 Shinefest Week of Service
I. Resolution Rescinding Liquor Violation Penalties
J. Resolution Establishing Rules And Procedures For The Best Practices Program

MOTION: Move to remove the Resolution Authorizing the Agreement with the City of Hartland for Enforcement of Certain Ordinances and have discussion tonight before approving and approve the remainder of the consent agenda.

Motion made by Councilor Olson, seconded by Councilor Murray. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed.
(See Secretary’s Original Resolution 18-73 thru18-78
included with these minutes)

DISCUSSION: Resolution Authorizing Agreement with City of Hartland for Enforcement of Certain Ordinances.

Adams provided background on this resolution explaining the Agreement authorizes the City of Albert Lea to perform certain services in the City of Hartland, Minnesota. This will enable City of Albert Lea Police Department staff to work on various types of investigations and enforcement to ensure compliance with the City of Hartland’s ordinances. Adams deferred to Deputy Police Chief JD Carlson to provide additional context.

Carlson explained the Mayor of the City of Hartland contacted him regarding quality of life issues in the City of Hartland such as long grass, junk vehicles, animal control, and refuse. After narrowing down the needs of the City of Hartland, and consulting with other officers in his department to confirm there is enough staff, a contract was negotiated. Carlson outlined the step by step procedure that could ultimately lead to Albert Lea Police support and enforcement to gain compliance. He acknowledged the number one concern in Hartland is the animal control issue particularly the excessive cat population contributing to feces found in playgrounds and yards. Brooks and Howland had questions regarding this agreement and the benefits to which Carlson provided thorough details. Carlson introduced the Mayor of Hartland Deb Flatness who spoke about the potential health issues the cats are dispersing. She also described several circumstances involving the cats and their behavior. Flatness asked council to support this agreement.

MOTION: Move to TABLE the Resolution Authorizing the Agreement with the City of Hartland for Enforcement of Certain Ordinances until the May 29th council meeting.

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

PETITIONS, REQUESTS, AND COMMUNICATIONS

A. 2017 Financial Statements – Abdo, Eick and Meyers

Brad Faltesak of Abdo Eick & Meyers displayed a PowerPoint highlighting the City of Albert Lea’s 2017 Financial Statement Audit. He provided a summary of each slide.

Brooks asked if the Rate Studies that have been performed in recent years will have an effect on stabilizing the water rates. Faltesak responded, eventually the water fund will become stable depending on the projects.

Motion to accept the 2017 Financial Statement as presented made by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen Jr. was absent.

UNFINISHED BUSINESS – None

NEW BUSINESS

Ordinance 214,8d and Public Hearing Regarding Off-Sale Liquor Increase (1st Reading)
Mayor Pro Tem Baker opened the public hearing. Called three times. No one spoke. Mayor Pro Tem Baker closed the public hearing.

State law mandates that off-sale liquor license fees be decreased by $100 if the licensees follow certain procedures to discourage illegal use of alcohol. An amendment to section 6-107(i) will reflect the mandate and ensure that the cost reduction be memorialized, for the benefit of both the licensees and city staff. It is hoped that the procedures will be encouraged through the city’s “Best Practices” program. Staff recommends approval.

Motion made by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen Jr. was absent.
(See Secretary’s Original Ordinance 214,8d
included with these minutes)

Ordinance 215,8d Amending Floodplain “F-2 Flood Fringe” (1st Reading)

The Planning Commission recommends amending the Ordinance to allow for development within the “Flood Fringe/Zone AE outside of the determined floodway.” This change would allow developers or owners to develop structures within the fringe area, outside of the floodway if flood zone rules and building codes are followed. Within certain limitations and exceptions, building lowest floor levels would be required to be one foot above the Zone AE determined elevation. This would allow for some additional flood safe development to occur within several areas of the City.

Wayne Sorensen Building Official/Zoning Administrator displayed a PowerPoint discussing floodplain zones. He explained the proposed changes to the Flood Zone outlined in the Ordinance. City Engineer Jahnke provided examples of areas within the City that could benefit from the changes in the ordinance allowing positive changes in the structure.

Motion made by Councilor Brooks, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen Jr. was absent.
(See Secretary’s Original Ordinance 214,8d
included with these minutes)

Resolution 18-79 Approving Plans and Specifications and Ordering of Bids for 2018 Bay Oaks Drive & Sundance Lane Reconstruction Project (Job 1810

Adams read the WBI detailing the plans and specifications as well as the estimated project costs for this project.

Motion made by Councilor Howland, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen Jr. was absent.
(See Secretary’s Original Resolution 18-79
included with these minutes)

Resolution 18-80 Approving Plans and Specifications and Ordering Of Bids for Lakeview Boulevard and Authorizing Bidding of Project (Job 1605)

Adams explained on April 23, 2018 the City Council authorized proceeding with City Job No. 1605. The project involves improvements along Lakeview Boulevard from The Fairway to Martin Road. The improvements are as follows: Construct a bituminous overlay over the existing pavement. The overlay would be 3” in thickness in the driving lanes. The existing shoulder panels would be taper milled to approximately 2 feet from the face of the curb. The bituminous overlay would vary in depth from 3” to 1½ through the shoulder panel. Due to the very poor condition of the pavement in the southerly 200 ft., it is recommended that the existing concrete pavement section (5 ½” to 6”) be constructed. The area replaced with bituminous pavement would then receive the 3” overlay along with the remainder of the street. Two additional storm sewer inlets would be added in the new low point that has settled over time.

This improvement is intended to extend the life of the pavement for approximately 15 years provided routine pavement maintenance (crack filling and seal coating) is performed. At the end of this 15 year period a sewer replacement and complete reconstruction project would be proposed which is currently estimated at approximately $2,100,000. The plans and specifications have been completed and have been presented to the Council for approval and authorization of bidding. The bid opening would be scheduled for June 19, 2018.

Motion made by Councilor Brooks, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen, Jr. was absent.
(See Secretary’s Original Resolution 18-80
included with these minutes)

Resolution 18-81 Approving Plans And Specifications And Ordering Of Bids For St. Mary/W. Main Street Parking Lot (Eagle’s Lot) And St. Mary/William Street Parking Lot (DHS Lot) (Job 1809)

Adams stated at their meeting of April 23, 2018, the City Council authorized proceeding with City Job No. 1809. The project will involve the removal of the existing bituminous pavement, regrading of the existing aggregate base, and paving of the new bituminous surface. New sign posts, spot aggregate base reconstruction, and spot concrete sidewalk replacement will also take place where warranted. Plans & Specifications have been completed and presented to Council for approval and authorization to bid. The bid opening would be scheduled for June 19, 2018.

Motion made by Councilor Brooks, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen, Jr. was absent.
(See Secretary’s Original Resolution 18-81
included with these minutes)

Resolution 18-82 Supporting the Shell Rock River Watershed Planning Area One Watershed, One Plan (1W1P)

Adams stated this Resolution was inadvertently omitted from the agenda. However, this is a timely request therefore it has been added.
He explained the Shell Rock River Watershed District (SRRWD) is asking the City of Albert Lea to support their pursuance of The Minnesota Board of Water and Soil Resources (BWSR) One Watershed, One Plan (1W1P).

The goal of the 1W1P is to combine/consolidate multiple water plans into one master plan for the watershed. Currently there are three separate watershed plans, SRRWD, Freeborn County, and Freeborn Soil and Water all have plans by political boundaries. 1W1P will transform these boundaries into one master watershed plan for the Shell Rock River Watershed District.
The City of Albert Lea does not need to be included in the master plan, however being actively involved would be beneficial. The City would be included in the policy committee which would review recommendations of the advisory committee and make final decisions about the content of the plan and its submittal. Being involved would also allow the City to be represented in the development of the plan and would allow the City to report back the direction and progress of the plan.
Adams introduced Courtney Christensen Resource Technician for the Shell Rock River Watershed District who addressed the fine points of this plan. Council asked questions to which Christensen provided detailed answers.

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

(See Secretary’s Original Resolution 18-82
included with these minutes)

MAYOR REPORTS AND COUNCIL REPORTS COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended several hospital meetings over the last three weeks. Also attended an ALEDA Jobs Board meeting where the discussion surrounded Ryan Nolander’s departure and options of how to fill that position.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended a fundraiser for the Holiday Lights. Worked at the Landfill during the Cleanup day and reported there was a significant turn out. Encouraged City Departments include local businesses when seeking quotes on furniture and other supplies.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee – None

Fourth Ward, Councilor Olson reported:
• Ward Items – Reported some properties in need of cleanup.
• Committee Update – Attended an HRA Board meeting where Director Jon Ford’s resignation was accepted.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Reported he is working on a couple of Ward items.
• Committee Update – Will be attending an Airport and Library Board meeting later this week.

Sixth Ward, Councilor Brooks reported:
• Ward Items – None
• Committee Update – None

Mayor Pro Tem Baker Report:
• Fireworks Fundraiser – May 18th at the intersection of Broadway Ave & Main St. (in the downtown) – starting at 6AM and ending at 4PM.

• Nation of Patriots Day – The American Legion Riders are sponsoring this event; the Legion Riders carry the American Flag to Albert Lea on May 25th, arriving in the N. Broadway Parking Lot. The riders depart on May 26th.

ShineFest Week – The ‘ShineFest Week of Service’ will take place May 20-24th. A variety of projects will be completed in the Margaretha / Memorial Park neighborhood this year, which includes cleaning, painting and general repairs. The goal of this project is to share neighborly values and goodwill to all who live in the neighborhood.

• Thorne Crest Classic Car Show – The public is invited to a classic car show on May 24th sponsored by Thorne Crest Senior Living. It will be held on Garfield Avenue next to Thornecrest, from 4:00 to 7:00 PM and includes food and music.

CITY MANAGER REPORT

A. Retail Market Analysis and Recruitment – Adams said he is asking for direction from the council regarding the proposal of an agreement to move forward with a Retail Market Analysis and Recruitment firm. He explained the proposal is a two part component. The first phase would be a discovery process consisting of data and analytics, real estate analysis, community input, and retail strategy to name a few. He added a partnership will continue to be pursued with ALEDA and the Chamber of Commerce.

I move to enter into an agreement with a Retail Market Analysis and Recruitment firm.
Motion made by Councilor Olson seconded by Councilor Brooks.

Murray reiterated the importance of a partnership with other community business members. Brooks supports moving forward with an agreement and echoed Murray’s comments. Baker asked Adams to expound on the grant that is being applied for. Adams explained the grant is in the amount of $20,000 which is to not only help this initiative but also benefit the core retail areas. Howland commended City staff for being proactive and taking this initiative to make a positive business impact.

On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker. Mayor Pro Tem Baker declared the motion passed. Mayor Vern Rasmussen, Jr. was absent.

B. Fire Facility Update – Adams reported data is still coming in and components of consideration are still expected to be received to allow comparison for costs on the Blazing Star Landing option. The Newton Ave. location is still being reviewed as well.

APPROVAL OF CLAIMS

A. Resolution Approving Claims

(1). Presentation of Claims Over $25,000

RESOLUTION 18-83 APPROVING CLAIMS

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.

Motion made by Councilor Brooks, to approve payment of claims as presented for checks #67701 through #67892 in the amount of $1,026,094.54 seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Pro Tem Baker.
Mayor Pro Tem Baker declared the motion passed.
(See Secretary’s Original Resolution 18-83
Included with these minutes)

CLOSED SESSION

Land Acquisition Pursuant To Minn. Stat. §13D.05, Subd. 3(c)

Adams announced the properties to be discussed in closed session:

  • 21362 775th Ave.
  • 220 and 224 College Street
  • 406, 408, 410, 412 Elizabeth Ave.
  • 213 and 217 Pearl Street
  • 411, 415, and 417 Newton Ave.
  • Parcel 34-001-5480

MOTION: Move to enter into closed session.

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

Mayor Pro Tem Baker declared the motion passed.

Mayor Pro Tem Baker reopened the regular meeting at 9:29 p.m. Mayor Pro Tem Baker noted staff was provided with direction in the closed session.

ADJOURNMENT – 9:30 PM

Motion made by Councilor Murray, seconded by Councilor Rasmussen 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 Tuesday, May 29, 2018. On roll call vote, all councilors voted in favor of said motion.

Mayor Pro Tem Baker declared the motion passed and the meeting adjourned.

__/s/__________________________
Mayor Pro Tem Baker

_/s/___________________________
Daphney Maras
Secretary of the Council