November 13, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, November 13, 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.

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS

Mayor Rasmussen welcomed the local Boy Scout troop. The troop was present to observe a Boy Scout badge.

A. Proclamation Declaring Small Business Saturday

Mayor Rasmussen read a proclamation declaring November 25th as Small Business Saturday. He encouraged all residents to support local businesses on November 25th.

PUBLIC FORUM – Mayor Rasmussen introduced a new procedure regarding Public Forums. He explained a first name is all that is required to speak as opposed to first and last name, and address.

No one spoke. Mayor closed the public forum.

Mayor Rasmussen reviewed the consent agenda providing background on each item:

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The October 23, 2017 Regular Council Meeting
B. Approve Minutes Of The October 19, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Calling A Public Hearing On Proposed Assessment For The Delinquent Miscellaneous Accounts Receivable
E. Resolution Approving Lawful Gambling Premises Permit – Albert Lea Amateur Hockey Association
F. Resolution Approving Application To Conduct Off-Site Gambling – Hayward Fire Relief Association
G. Resolution Designating The Polling Places For 2018
H. Resolution Accepting Proposal For Banking Services
I. Resolution Accepting Statewide Health Improvement Partnership (SHIP) Grant Award For Installation Of Additional Benches
J. Resolution Approving Professional Services Agreement for Pioneer Park Shoreline Restoration Project
K. Resolution Approving A Lot Reconfiguration Through An Administrative Lot Survey For Property Described As Lots 5, 6, 7 & 8, Blk. 10, Original Village – 410 E. Clark Street
L. Resolution Approving Conditional Use Permit For Expansion Of A Legal Non-Conforming Single Family Home – 410 E. Clark Street
M. Resolution Approving A Lot Reconfiguration Through An Administrative Lot Survey For The Property Described As Parcels C & D In Part Of Government Lot 4, Section 16-T102N-R21W

MOTION: Move to approve the consent agenda as presented. 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 17-207 thru 17-216 included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

A. Mayo Hospital Update – City Manager Adams

Adams explained attempts to schedule a meeting with Mayo continues to be pursued. He said a number of outstanding questions need to be addressed.

Adams mentioned a recent conference call with Quorum Health Resources regarding the health assessment/feasibility report. He said a report is expected to be available to the public next week.

UNFINISHED BUSINESS

Ordinance 209,6d Amending Chapter 74, Article III, Division 2, Sec. 74-253(1) –Conditional Permitted Uses (2nd Reading)

The first reading of this ordinance was held on October 23, 2017. The City Zoning Ordinance provides a definition of cemetery but does not specifically allow them as permitted or conditional uses in any zoning district. Staff has recommended that an amendment be made to the Zoning Code to specifically allow cemeteries as a conditionally permitted use in the R-1 zone.

Motion made by Councilor Baker, 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 Ordinance 209,6D included with these minutes

Ordinance 210,6d Amending Chapter 2, Article V, Division 2, Sec. 2-183 – Qualifications Of Members (2nd reading)

The first reading of this ordinance was held on October 23, 2017. The Albert Lea Airport Advisory Board has experienced difficulty in getting board members. The City Code requires all members on the Airport Advisory Board to be residents of the City. The proposed amendment will permit two members of the Airport Advisory Board to be non-city residents. Staff recommends approval of the final reading.

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 Ordinance 210,6D included with these minutes)

NEW BUSINESS

Resolution 17-217 and Public Hearing Approving Tax Abatement for Certain Property Pursuant to MINN STAT. 469.1813

A public hearing is being held to consider applications requesting abatement of property taxes on new owner-occupied or rental residential housing units. Council approved the Tax Abatement Housing Assistance Policy in December 2016 to increase the tax base and create more housing options in Albert Lea. The School District and Freeborn County also adopted resolutions to support this program.

Mayor Rasmussen opened the Public Hearing. He called three times. No one spoke. Public Hearing was closed.

Motion made by Councilor Howland, 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 Resolution 17-217 included with these minutes)

Resolution 17-218 Authorizing Letter of Intent With Minnesota Department of Transportation To Perform TH-65 (East Main Street) Flood Mitigation Study

The attached resolution authorizes the City to enter into a letter of intent with MNDOT to jointly carry out a flood mitigation study focusing on flood reduction in the area between Fountain Lake and Albert Lea Lake, including Trunk Hwy. (T.H.) 65 between Lake Avenue and Katherine Street. Flooding in this area has caused T.H. 65 to be closed for varying time periods, from a few hours to several days. The agreement has the City paying 20% of the costs capped at $25,000. Construction work on the roadway is tentatively scheduled for 2021. Upon approval, Joint Powers Agreement will follow.

Baker asked what, if any, reaction MNDOT has regarding the City’s goal to improve the flooding area. Adams said flood documentation has been sent to MNDOT with every rain event. He explained without a flood mitigation study, MNDOT is not willing to participate in funding. Adams stated the letter of intent is the first step in a partnership to review options. The hope is to find solutions by 2021.

Howland commended Adams for taking this first step with MNDOT to encourage a partnership. He spoke of the importance to resolve the flooding issues on Main Street.

Motion made by Councilor Baker, 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 17-218 included with these minutes)

Resolution 17-219 Authorizing Negotiations with Minnesota Department of Natural Resources to Provide Wastewater Collection and Treatment

The Minnesota Department of Natural Resources (DNR) has approached Albert Lea about providing wastewater treatment for Helmer Myre State Park. The DNR wants to work on researching feasibility and funding options. This resolution would permit staff to negotiate the options; it is not a final agreement. Staff recommends approval.

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 17-219 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – Asked that staff follow up with a nuisance complaint on Bridge Avenue. Murray commented that he would like to extend the Proclamation Declaring Small Business Saturday to all year long. He reminded the community of the importance of supporting local businesses.
• Committee Update – Attended the Quorum Health Resource Meeting with Adams, a Greater Jobs meeting last week, and Chili Feed at ARC of Freeborn County.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee – Attended a Planning Commission meeting October 3rd. He reported the Watershed presented a plan for the piping and dredge material.

Third Ward, Councilor Howland reported:
• Ward Items – Received a nuisance call regarding a property on S. Broadway
• Committee – None

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – Met with HRA Director, Mayor and City Manager reviewing possible collaborations on future housing projects.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Library meeting tomorrow

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

Mayor Rasmussen: Attended the Senior Center Board meeting where several business items were discussed. He reported the Senior Center is delivering lap blankets, hats and mittens to schools and nursing homes in the community.
Mayor Rasmussen asked staff to explore costs and the process of removing yard waste for seniors.

CITY MANAGER REPORT
Workforce Housing Grant Application

Adams explained the Minnesota Housing Financing Agency (MHFA) is the new grant administrator for a workforce housing grant for market rate rental housing in Greater Minnesota. Staff is seeking direction by motion to promote the grant and work with a developer to complete both an application for a grant by the end of January and to develop more market rate rentals in the community.

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.

Freeborn Bank Building Update

Adams provided an update regarding negotiations on the Freeborn Bank Building. He said the deadline for the exclusive negotiations had been extended to November 23rd. He expects a report in the next few days and if received, Adams will deliver an update at the November 27th council meeting.

Bow Hunting Request

Adams requested direction from council on a bow hunting request from an individual. The request is to hunt on privately owned property on parcels 34-165-0130 and 34-165-0260. He stated if the Ordinance is followed, and the DNR permits, the City could approve the request. Adams is seeking a motion to grant this application with compliance to all regulations.

Olson asked if there would be a lottery to issue permits in the future. Adams explained there have not been very many requests, and the requests that have come forth have been to hunt on personal property only. Adams stated if the need should arise, the City will work with the DNR to accommodate bow hunting requests.
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.

APPROVAL OF CLAIMS
RESOLUTION 17-220 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.

Motion made by Councilor Baker, to approve payment of claims as presented for checks #65831 through #66020 in the amount of $2,151,802.05, seconded by Councilor Brooks. 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 17-220
Included with these minutes)

ADJOURNMENT – 7:26 p.m.

Motion made by Councilor Murray, seconded by Councilor Baker, 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, November 27, 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