October 23, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, October 23, 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, Finance Director Kristi Brutlag and City Clerk Daphney Maras.

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS

Proclamation Declaring National Bullying Prevention Month
Mayor Rasmussen read the proclamation and declared October as National Bullying Prevention Month.

PUBLIC FORUM – The following comments are all pertaining to the Resolution on the council agenda approving a Conditional Use Permit for commercial Country Club/Event Center at 504 Chapeau Drive.

Don Blake, 2710 Campus Ln. – Mr. Blake spoke about the potential of high noise levels, as well as the outdoor patio where alcohol is proposed to be served. He asked council to consider the concerns that area residents have vented when voting on the resolution.

Connie Peters, 2716 Campus Ln. – Peters addressed noise levels, as well as the proposed grain bin. She relayed her opinion of the potential problems regarding traffic control and alcohol use.

Tammy Grossklaus, 603 Trollwood Ave. – Grossklaus presented a letter to council from Jeremy and Jada Stout, 615 Trollwood Avenue. The letter outlined Stouts’ opposition to the proposed Event Center.

Faith Ryan, 2728 Campus Ln. – Ryan mentioned her opposition to the proposed Event Center. Her comments pertained to the low number of parking stalls, noise levels and concern of decreased property values.

Dori Klocek, 1112 Bridge Ave – Klocek stated she supports the venue and remarked the Iversons would be respectful of their neighbors while making the Event Center a profitable business venture.

Dave Wolter, 2802 Campus Ln. – Mr. Wolter explained he supports the proposed venue. He commented the Iversons are re-investing in the community and the Event Center would be an asset to the City of Albert Lea.

Don Savelkoul, 72039 Wineglass Rd. – Savelkoul introduced himself as the attorney for Chad and Jayne Iverson. He reviewed the historical use of the proposed building. Savelkoul stated the Event Center is a positive addition to the community, and said the Iversons will work hard to keep things orderly. He stated he respectfully requests the council grant the CUP.

Mac Ehrhardt, 73485 224th St. – Ehrhardt spoke in support of the Event Center. He said he lives next to a winery that holds events and has been pleasantly surprised by the lack of loud noises.

Yolanda Grund, 2804 Campus Ln – Grund supports the proposed venue. She commented Iversons have the neighbors’ best interest in mind.

Tammy Grossklaus, 603 Trollwood Dr. – Mrs. Grossklaus spoke about the noise ordinance and commented the neighbors will be keeping sound logs measuring the noise level.

Craig Krysan, 519 Meadow Ln – Krysan stated the location is not ideal for an Event Center. He detailed his concerns regarding parking, lighting, and maintenance costs of the City Arena parking lot due to use by patrons of the Event Center.

Roger Swanson, 527 Meadow Ln – Swanson stated he believes this Event Center would interfere with his quality of life, and has concerns regarding traffic.

Daniel Otten, 80612 200th St., Hayward, MN – Otten said he is affiliated with Farmers State Bank. He expressed his full support of this venue. He stated a local hotel conveyed their support as well. Otten added the Event Center would provide an attractive and unique venue close to home.

Joyce Purdy, 1506 Manor Ave. – Purdy communicated her support for the Event Center stating it would be a good way to attract people to the community and support the hotels and restaurants. She suggested in order to solve the traffic concerns, the City install sidewalks at the expense of the neighborhood residents. Purdy commented citizens have the responsibility of being good neighbors to one another.

Mark Grossklaus, 609 Trollwood Dr. – Mr. Grossklaus does not support the proposed venue. He detailed his opposition including review of the City’s noise ordinance. He request council deny this resolution.

Mayor Rasmussen reviewed the consent agenda.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The October 9, 2017 Regular Council Meeting
B. Approve Minutes Of The October 5, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Resolution Authorizing Agreement With Albert Lea Lakers Baseball Team For Hayek Field In 2018
F. Resolution Accepting Minnesota Department Of Commerce Auto Theft Prevention Grant
G. Resolution Authorizing Grant Application To Clean Energy Resources Teams For Solar Energy Study
H. Resolution Accepting Settlement For Broadway Avenue Banner Poles
I. Resolution Accepting Quotation For Broadway Avenue Banner Poles
J. Resolution Approving A Lot Reconfiguration Through An Administrative Lot Survey For The Property Described As Lot 4, Block 1, Port Authority Plat 1, Albert Lea, Freeborn County, Minnesota
K. Reschedule City Council Work Session From November 23, 2017 To November 27, 2017 At 5:30 PM
L. Reschedule City Council Regular Meeting From December 25, 2017 To December 26, 2017 At 7:00 PM

Mayor Rasmussen stated item B under Petitions, Requests, and Communications, the 2017 3rd Quarter Budget Report will be moved under the City Managers report.

MOTION: Move to approve the consent agenda as presented as well as moving item B under Petitions, Requests, and Communication, the 2017 3rd Quarter Budget Report under the City Managers report. 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 17-196 thru 17-202 included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS
A. Mayo Hospital Update – City Manager Adams

Adams reported a conference call was held with the Health Accountant, Quorum Resources. Quorum provided an update stating they are reviewing the data and are on schedule. Adams said a draft of the report may be available by the end of October or early November with a final report available to the public by mid-November. The report will provide information on the assessment feasibility of a full service Acute Care Hospital in Albert Lea. Recommendations may also be offered at the time regarding how to move forward with the findings of that report.

Adams announced a meeting with Mayo will take place this Wednesday afternoon with a facilitated dialogue. He said he will provide a report to the council after that meeting.

B. 2017 3rd Quarter Budget Report – Finance Director Kristi Brutlag –moved the 3rd quarter budget report under the City Manager’s report

UNFINISHED BUSINESS – NONE

NEW BUSINESS

RESOLUTION 17-203 APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL COUNTRY CLUB/EVENT CENTER AT 504 CHAPEAU DRIVE

Adams stated Chad and Jayne Iverson have applied for a Conditional Use Permit (CUP) for the commercial country club/event center at 504 Lake Chapeau Drive. It is the location of the former Sons of Norway clubhouse. The Planning Commission held a public hearing for this request on October 3rd and made a recommendation for approval with a list of conditions and their findings of fact.

Adams introduced City Planner, Molly Patterson-Lundgren who provided an overview of the Conditional Use Permit proposal.

Patterson-Lundgren presented a slideshow outlining details of all aspects of the building including location, access, zoning, and size. She also provided photos highlighting aerial views of the property. A recent site plan with modifications was presented to Patterson-Lundgren by the Iversons, which she reviewed in detail. This updated plan is intended to further mitigate the concern of noise and visuals. It included hedges, trees, additional fencing, and a covered patio. Patterson-Lundgren offered to answer questions from the council by either herself or Wayne Sorensen, City Building Official who was also present.

Howland inquired about the three-year delay in paving the parking lot area and what would be used in the meantime. Patterson-Lundgren explained the current parking lot will be used and will remain gravel until paved.

Baker asked for clarification on the use of the patio. Patterson-Lundgren reviewed the verbiage in the CUP that addresses the non-use of amplified music.

Howland asked for further discussion regarding the fencing and trees. Patterson-Lundgren explained council could approve the CUP as is or modify it to require the conditions of the fencing, hedges, trees and covered patio that Iverson detailed in the more recent site plan.

Baker commented he prefers the additions to the site plan proposed by Iverson. Baker asked Sorensen to speak about his experience with noise decibel measurements. Sorensen addressed the 50 versus 60 decibel rule as well as the MPCA guidelines.

Adams provided additional context regarding procedure moving forward. He detailed options for council to consider upon voting on this item.

Brooks asked for clarification regarding the time limit to vote on this CUP. Patterson-Lundgren explained the time limit of approving or denying as well as the ability for the City to offer an additional 60 day extension.

Howland stated, although he commends the Iversons for their entrepreneurial spirit, he does not support the Event Center. He stated he is not satisfied that the CUP resolves issues with the noise ordinance, and believes this venue may have a negative effect on property values in the neighborhood. He further stated although he encourages economic growth, it is important to consider what that economic growth may have on the quality of life for the citizens.

Brooks thanked everyone for attending the meeting tonight. He said he appreciates Howland’s statements. He spoke of the details involved in making his decision to support the event center.

Murray voiced his appreciation for the input from the community, council, and staff. He supports the modified proposal presented tonight. He commented the Event Center will be a positive attraction to Albert Lea. Murray stated he trusts the Iversons will be respectful of the neighbors while making the event center a gem to the community.

Baker commented he is supportive of the event center and is confident the Iversons will continue to make every effort to address concerns as they arise.

Mayor Rasmussen commented council and staff have made every attempt to address the concerns of the public. He stated quality of life is a main concern and he is confident the Event Center will add quality of life to our community. He is confident all the conditions will be met through the CUP and Iversons will do what they have to do to secure positive results.

Move to approve the CUP to include the modifications as presented tonight.

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

(See Secretary’s Original Resolution 17-203 included with these minutes)

ORDINANCE 209,6D AMENDING CHAPTER 74, ARTICLE III, DIVISION 2, SEC. 74-253(1) -CONDITIONAL PERMITTED USES (1ST READING)

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 is recommending 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 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 209,6D included with these minutes)

ORDINANCE 210,6D AMENDING CHAPTER 2, ARTICLE V, DIVISION 2, SEC. 2-183 – QUALIFICATIONS OF MEMBERS (1ST READING)

The Albert Lea Airport Advisory Board has experienced difficulties getting board members. Currently, City Code requires all members on the Airport Advisory Board to be residents of the City. The proposed amendment would permit two members of the Airport Advisory Board being non-city residents. Staff recommends approval.

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 Ordinance 210,6D included with these minutes)

RESOLUTION 17-204 AUTHORIZING THE PURCHASE OF FIRE APPARATUS FROM THE CITY OF WAYNE, MICHIGAN

Albert Lea Fire Rescue has been doing extensive research for a new Aerial/Quint Fire Apparatus. This project/apparatus has been in the CIP for the last five years and planning to be purchased in 2018. The committee has been looking at every opportunity available (new and used). Recently, staff came across a used apparatus that was found to fit the needs of the department with major cost savings. The apparatus is in Wayne, MI and the truck committee recently went there to look at the apparatus. It was put through multiple tests to see if it would fit the needs of the department. After testing, it was determined to move forward with the purchase. With slight modification to the door opening, the apparatus will fit into Albert Lea Fire Rescue’s current station.

Adams provided a PowerPoint presentation outlining the cost savings of this apparatus, as well as photos.

Motion made by Councilor Olson, 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 17-204
included with these minutes)

Howland commended the Fire Department for searching for the best equipment with the City’s finances in mind.

Mayor Rasmussen stated he appreciates the Fire Department staff’s efforts for their conscientious purchase.

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – Received several calls regarding the Event Center
• Committee Update –Attended Mayo meetings

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee – Attended a Planning Commission meeting on October 14th. Volunteered at the Landfill for the Fall Cleanup Day.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee – Was not able to attend the Park & Recreation meeting, but provided an update report on the Port-a-Jon services to be evaluated next year at the Splash Pad. Commented the Chapeau neighborhood area could benefit from a park.

Fourth Ward, Councilor Olson reported:
• Ward Items – Several calls and emails regarding the Event Center
• Committee Update – Reported he received a call regarding the message on the answering machine at the landfill noting incorrect hours of operation.

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

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

Mayor Rasmussen: None

CITY MANAGER REPORT – None

2017 3rd Quarter Budget Report – Finance Director Kristi Brutlag

Brutlag provided an overview of the 3rd quarter budget report highlighting the following:
• Property Taxes at 57% with only receiving the 1st half tax settlement
• Intergovernmental at 54% with only the 1st half of Local Government Aid (LGA) received. Noting an additional 2.6 million is still expected.
• City Clerk at 96%. Noting the 2017 budget did not include the salaries and benefits for the Deputy City Clerk position.
• Information Technology at 50%. This budget includes items that are billed periodically and the actual does not include nine months of activity.
• Building Inspections at 39%. Budget included a full year salary and benefits for a building official, however the position was not filled until May.
• Street Lighting at 52% with year-to-date amount not including nine months of expenditures, noting September was billed in October.
• Recreation at 58%. The 2017 Recreation budget included salaries and benefits for a Park & Recreation Director.
• Swimming Pool at 88%. Most of the expenses for 2017 have been paid.
• Community/Economic Development Department at 112% due to the time of contracting out for building official duties.

Brutlag continued with review of the Cash and Investments and the Fire, and Police Investments as of 9/30/2017.

APPROVAL OF CLAIMS
RESOLUTION 17-205 APPROVING CONTRACT WITH COUNCILMEMBER BROOKS

The attached resolution directs the Mayor and City Clerk to make payment in the amount of $337.90 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 Baker. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen and Mayor Rasmussen. Councilor Brooks: Abstained Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-205
included with these minutes)

RESOLUTION 17-206 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 Brooks, to approve payment of claims as presented for checks #65654 through #65830 in the amount of $782,829.92, seconded by Councilor Baker. 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 17-206
Included with these minutes)

ADJOURNMENT – 8:55 p.m.
Motion made by Councilor Baker, seconded by Councilor Brooks, 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 13, 2017. On roll call vote, all councilors voted in favor of said motion. Mayor Rasmussen declared the motion passed and the meeting adjourned.

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Mayor Vern Rasmussen Jr.

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Daphney Maras
Council Secretary