May 8, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 8, 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 Engineer Steven Jahnke, City Attorney Lee Bjorndal and City Clerk Shirley Slater-Schulte.

CEREMONIAL ITEMS

PROCLAMATION DECLARING NATION OF PATRIOTS DAY

Mayor Rasmussen read a proclamation about Nation of Patriots Day. He then thanked the group for its work.

PRESENT EXCELLENCE IN INNOVATION AWARD TO DETECTIVES STROM AND MORTENSEN FROM MINNESOTA CHIEFS OF POLICE ASSOCIATION

J.D. Carlson recognized Lieutenant Strom and Detective Mortensen for designing and executing a retail loss prevention program, which won an Excellence in Innovation honorable mention from the Minnesota Chiefs of Police Association.

ALBERT LEA POLICE DEPARTMENT CITIZENS ACADEMY GRADUATION

Carlson informed the Council about the history of the Citizen’s Academy program and what citizens learn during the course. He thanked the graduates of the most recent program, who were celebrated their graduation that night.

OATH OF OFFICE – ALPD POLICE RESERVES
Carlson explained what the Police Reserve program is and listed the duties of the reserve officers. Slater-Schulte administered the oath of office to those being sworn in. Rasmussen thanked the reserves and all the police officers. Carlson introduced the four new Police Reserves as follows: Michael Osmundson, Jonathon Smerud, Tim Wolfskill, and Jonathon Sevcik.

PUBLIC FORUM
Gary Hagen, 501 Albert Lea Street, reminded the Council to fairly apply ordinances and codes equally. He reminded Council to give residents time to voice opinions about matters that come before the Council.

Janice Becker, 142 N. Broadway, Alden, MN, expressed concern about the installation of the smart meters by Freeborn-Mower Cooperative Services. She read a prepared statement about the meters and then elaborated about her research and experiences.

Nick Ronnenberg, 1123 Frank Hall Drive, Albert Lea, a representative of the Make Our Neighborhood Safe team, thanked everyone for their efforts to make the neighborhood safe.

Phil Wacholz, 18672 US Hwy 69, Albert Lea, MN, spoke about ShineFest. He detailed the background of the program and requested a fee waiver for the items taken to the landfill. He explained the work that those involved in ShineFest would perform this year. Murray thanked those involved and invited people to participate.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The April 24, 2017 Regular Council Meeting
B. Approve Minutes Of The April 20, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution 17-86 Accepting Donations Presented To The City Of Albert Lea
E. Resolution 17-87 Waiving Landfill And Building Permit Fees For 2017 ShineFest Week Of Service
F. Resolution 17-88 Awarding Professional Services Agreement For Wastewater Treatment Plant (WWTP) Evaluation And Permitting
G. Resolution 17-89 Accepting Bids For 2017 Bituminous Material
H. Resolution 17-90 Approving Lawful Gambling Premises Permit – Albert Lea Amateur Hockey Association

MOTION: Move to approve the consent agenda as amended.

Motion made by Councilor Baker, 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 17-86-90
included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

Splash Pad Update – Susie Petersen of the Albert Lea Convention and Visitors Bureau showed the splash pad design and photos of splash pads similar to the one that is proposed for Albert Lea. She described what a splash pad is, provided a timeline and update on the fundraising for the project. She concluded her presentation with a donation for the project. Baker thanked Petersen for coming and clarified when the project would be installed, as well as how water would be used. In response to Howland, she stated the splash pad would be button-operated.
At the request of Councilor Rasmussen, Adams detailed how water would be used and reused.

8th Street & Frank Hall Drive Stop Sign (6 Month Review) – Adams explained the Stop Control Policy on July 25, 2016 and presented the results of the Frank Hall Drive Corridor Review & Recommendations on September 26, 2016. On October 10, 2016, the City Council passed a resolution directing staff to install stop signs at all three intersections of the Frank Hall Drive and 8th Street intersection on a six month trial basis. In October 2016 the stop signs and advanced warning signs were installed.

During the six month period the intersection was periodically reviewed to insure the three-way stop was not creating or causing any new traffic or pedestrian issues. On March 28th and March 30th, a detailed observation of the intersection was performed. The intersection was observed for a two hour peak morning period and two hour peak afternoon period each day. Turn movements were documented and stopping patterns were observed. During the six months the intersection appeared to operate safely with no accidents. During staff observations, the majority of vehicles slowed to a rolling stop with very few vehicles actually stopping. Accident reports for this period were also reviewed. No accidents occurred at the intersection during this period.

Based on the past six months, staff believes the intersection will function well if the three-way stop signs remain in place permanently. As reported in the corridor review and recommendation in September 2016, staff also believes that the intersection functioned well without the stop signs. Staff is recommending taking input for two weeks and then making a decision to leave or remove them at the May 22nd council meeting.

Jahnke displayed photos of the intersection.

Brooks thanked staff, Ronnenberg and the Make Our Neighborhood Safe group for their efforts. He said the sign has worked out well.

MOTION: Move to place this item on the May 22, 2017 Council Meeting.

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.

UNFINISHED BUSINESS

ORDINANCE 205,6D AMENDING CHAPTER 74, ARTICLE I, SEC. 74-13 – YARD SPACE AND SEC. 74-18 ACCESSORY BUILDINGS, FENCES AND SITE APPURTENANCES; AND AMENDING CHAPTER 74, ARTICLE III, SEC. 74-218 – RULES OF INTERPRETATION OF BOUNDARIES AND SEC. 74-219 (3)E – TABULATION OF DISTRICT REQUIREMENTS AND AMENDING CHAPTER 74, ARTICLE IV, SEC. 74-1000 – DEFINITIONS; AND SEC. 74-1007 – MEASUREMENT STANDARDS; AND SEC. 74-1009 – SIGN STANDARDS BY ZONING DISTRICTS TO AMEND REQUIREMENTS FOR AWNING, CANOPY AND PROJECTING SIGNS IN THE B-3 AND DCD DISTRICTS AND ADDING STANDARDS FOR PERMITTED SIGNAGE IN THE PD/PLANNED DEVELOPMENT DISTRICT (2ND READING)

Adams stated that the first reading of this ordinance was held at the April 24th City Council meeting. The League of Minnesota Cities suggests that regularly updating land use and zoning laws can minimize controversy and help cities make legally defensible land use decisions. The City Planner and other city staff continuously keep track of concerns or issues with interpretation of the Land Use sections of the code and periodically bring them to the Planning Commission, Board of Appeals or other appropriate boards and commissions for feedback or clarification when needed. Several sections of the Zoning & Land Use Code, Chapter 74 have been under discussion recently and are being brought to the City Council for amendment. Staff recommends approval of the final ordinance.

Baker asked Adams to clarify if the allowed size of accessory structures varied depending on the size of the lot. Bjorndal stated that an accessory structure cannot exceed 1,080 square feet. Adams explained the rationale for this decision. In response to Brooks, Adams explained what one would need to do to build an accessory structure larger than allowed by this ordinance.
Motion made by Councilor Baker, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Olson, Rasmussen, and Mayor Rasmussen. Nays: Councilor Howland and Brooks. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 205,6d included with these minutes)

After the vote, Mayor Rasmussen requested staff study the feasibility of construction an accessory building larger than 1,080 on a parcel.
RESOLUTION 17-91 PERMITTING PUBLICATION OF ORDINANCE SUMMARY 205,6D AMENDING CHAPTER 74, ARTICLE 1, SEC. 74-13 – LAND USE AND ZONING LAWS

Adams explained that the Council has just approved several amendments to the City zoning ordinance in sections 74-13, 74-18, 74-218, 74-219, 74-1000, 74-1007, and 74-1009. Amendments to ordinances need to be published. Not all the changes were major revisions of the ordinances. In such cases, it can be appropriate to publish summaries of the amendments. Summaries fulfill all legal requirements as if the entire summarized matter had been published. This must pass by a four-fifths vote by Council. Staff recommends approval.

Motion made by Councilor Murray, 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 17-91 included with these minutes)

ORDINANCE 206, 6D AMENDING CHAPTER 6, ARTICLE II, DIVISION 2, SEC. 6-77(9)(B) – RESTRICTIONS AND REGULATIONS (2ND READING)

Adams stated that the first reading of this ordinance was held at the April 24th City Council meeting. Staff seeks an amendment to Albert Lea City Code Sec. 6-77(9) (b). The ordinance indicates that an applicant with sales of 3.2 beer of less than $10,000 per year shall be exempt from certain insurance coverage amounts. The State law has changed to $25,000 pursuant to Minn. Stat. § 340A.409, subd. 4(1), which indicates that liability insurance is not required when a licensee, by affidavit, establishes that they are on-sale 3.2% malt liquor Licensees with sales of less than $25,000 of 3.2% malt liquor for the preceding year. Staff recommends approval of the final ordinance.

Motion made by Councilor Brooks, seconded by Councilor Olson. 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 206,6d included with these minutes)

NEW BUSINESS

RESOLUTION 17-92 ACCEPTING BID AND AWARDING CONTRACT FOR SUNSET STREET RECONSTRUCTION (JOB 1614)

Adams explained that Engineering and Bolton & Menk have reviewed the bids opened Tuesday, May 2, 2017 for the Sunset Street Reconstruction project. The project is from Trunk Highway 13 to Lakeview Blvd. on Sunset Street and on Hillside Avenue from Sunset Street to the dead end. The project involves removal and replacement of the existing pavement, replacing the existing utility infrastructure, storm drainage improvements, sidewalk construction and reconstructing the roadway to meet State Aid standards. Five bids were received. Engineering and Bolton & Menk recommend the low bid of $1,485,789.17 as submitted by Quam Construction Company, Inc. of Willmar, Minnesota. The bid abstract is attached. The Engineer’s estimate was $1,649,196.75. Staff recommends approval.

Motion made by Councilor Howland, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Nay: Councilor Baker. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-92 included with these minutes)

RESOLUTION 17-93 APPROVING FREEBORN DEVELOPMENT GROUP, LLC TO SUBMIT PROPOSAL FOR DEVELOPMENT OF 201 SOUTH BROADWAY AND 211 SOUTH BROADWAY IN ALBERT LEA, MINNESOTA AND GRANTING EXCLUSIVE OPPORTUNITY TO PREPARE A PROPOSAL FOR EVALUATION PROCESS BY CITY COUNCIL FOR POSSIBLE FUTURE USE

Adams stated that the City requested proposals for development of the Freeborn Bank and Jacobsen buildings. Two responses were received. Freeborn Development Group, LLC submitted the most complete response. The resolution approving the proposal allows the LLC until August 23, 2017 to compile a complete proposal. The resolution also permits the LLC to be the exclusive party working on a proposal for the building, which should allow access to information and to uncover the challenges in developing the properties. The resolution will permit an actual proposal to be submitted to the Council for review. Once the proposal is submitted, the evaluation process by Council will begin. Staff recommends approval.

Craig Hoium of the Freeborn Development Group spoke. He listed the professional backgrounds of the team involved. He said that preliminary plans consist of the construction of a 30-room hotel and relayed that members of the team have been in touch with staff from the Minnesota Historical Society about historic design guidelines. Hoium, responding to Baker, said he would keep Adams apprised of updates about the project.

Brooks thanked the group for its effort.

Motion made by Councilor Baker, 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.

(Secretary’s Original Resolution 17-93 included with these minutes)

RESOLUTION 17-94 AUTHORIZING AN CONSTRUCTION AWARD/GRANT AGREEMENT AND EASEMENT AGREEMENT WITH TMJ FITNESS, LLC
TMJ Fitness, LLC applied for a matching grant for façade restoration under the Broadway Ridge Renewal Grant Fund. Its building is located at 140 Broadway Avenue South in the City of Albert Lea. The project design has been approved by the Heritage Preservation Commission. The next step is to sign a Construction Award document and an Easement Agreement for the façade and for use of the funds. They are requesting a grant of up to $37,500. Staff recommends approval.

Adams answered Councilor Rasmussen’s question, noting the Snap Fitness would relocate from its current facility to the location on Broadway. He added, responding to Baker, that last he checked, the City provided roughly $200,000 for Broadway Ridge grants. Howland commented positively about the window installation at the facility.
Motion made by Councilor Baker, 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 17-94 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:

  • Ward Items – None
  • Committee Update – Attended a Grater Jobs and ALEDA board meeting, during which the audit was reviewed.

Second Ward, Councilor Baker reported:

  • Ward Items – None
  • Committee Update – Attended a meeting of the Planning Commission. The group is reviewing where the borders of properties are located throughout the city. He also attended a meeting of the Charter Commission.
  • Requested the City Manager review traffic on a gravel road in his ward for safety reasons.
  • Baker requested Adams contact the League of Minnesota Cities about including the City of Albert Lea on a list of cities that passed resolutions against ceding local control, if the City passed such a resolution.

Third Ward, Councilor Howland reported:

  • Ward Items – None
  • Committee – Attended the Charter Commission meeting. He stated he was looking forward to a meeting of the Parks and Recreation Board.

Fourth Ward, Councilor Olson reported:

  • Ward Items – Reported a sunken sewer in his ward.
  • Committee Update – Thanked the organizers of the Crossroads Demolition Derby.

Fifth Ward, Councilor Rasmussen reported:

  • Ward Items – He is following up with the City Engineer about the condition of a road in his ward.
  • Committee Update – None

Sixth Ward, Councilor Brooks reported:

  • Ward Items – Asked Jahnke to update the construction on South Broadway. Jahnke enumerated the next steps in construction,
  • Committee Update – Attended a Human Rights Commission meeting.

MAYOR’S REPORT
Attended the Charter Commission meeting. He noted that the meeting was introductory and informative. He also met with the Minnesota Pollution Control Agency (MPCA) to express concern about how wastewater standards could affect the City’s finances. He commented that the Port Authority will be partnering with Zumbro River Brand to expand the company’s building.

CITY MANAGER REPORT
Met with second-graders who toured City Hall. He shared the results of a vote by the children on “wish list” projects. He attended the meeting with the MPCA and a seminar about healthy foods. He closed by mentioning that he attended a conference of City Managers, during which he spoke about the success of the Blue Zones Project in Albert Lea.

RESOLUTION 17-95 APPROVING CLAIMS

Adams displayed claims from the previous Council meeting in addition to the current claims. He explained each claim over $25,000.
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 #63807 though #63961 in the amount of $1,181,156.75, 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 17-95
Included with these minutes)

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

Adams stated that this involved the following parcels: 1737, 1749, 1750, 1764, 1782 Victory Lane, Albert Lea, MN

MOTION: Move to enter into closed session at 8:25 p.m.

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, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

Mayor Rasmussen reopened the regular meeting at 8:47 p.m.

Mayor Rasmussen noted staff was directed to prepare a purchase agreement for the parcels previously listed.

ADJOURNMENT– 8:48 PM
Motion made by Councilor Baker, seconded by Councilor Olson, 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, May 22, 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/__________________________
Shirley Slater-Schulte
Council Secretary