December 20, 2018

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, December 20, 2018, 5:30 P.M.

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

PUBLIC FORUM – No one spoke
CONSENT AND APPROVAL OF AGENDA
Mayor Rasmussen mentioned each item on the council agenda:

A. Approve Minutes Of The December 10, 2018 Regular Council Meeting
B. Approve Minutes Of The December 10, 2018 Work Session
C. Licenses & Permits (None requested)
D. Resolution Accepting Donations Presented To The City of Albert Lea
E. Resolution Accepting Proposal For Auditing Contract
F. Resolution Acknowledging Termination of Small Cities Development Program Administrative Services Contract
G. Resolution Amending Resolution 18-212 Non-Union Employee Salaries For 2019

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 18-230 thru 18-233
included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS

A. Presentation of Certificate of Achievement For Excellence In Financial Reporting

Mayor Rasmussen presented, to the Finance Department staff, a Certificate of Achievement for Excellence in Financial Reporting. This certificate was awarded to the City of Albert Lea by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report for the year ended December 31, 2017. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The City of Albert Lea has received this Certificate of Achievement since 1983 for 34 consecutive years.

B. Stables Update

City Engineer Jahnke provided a brief update on the Stables project. Jahnke said he and Finance Director Brutlag have been sorting out financial details with the Public Facilities Authority. Jahnke was pleased to announce the City of Albert Lea will be receiving approximately $1 million in grant money for the sewer restorations and an additional $841,653 for water restorations in the Stables area. This will assist in lowering the projected assessments amounts to the $20-$25 thousand dollar range. Jahnke reports the construction contracts are anticipated to be ready for approval at the January 14th council meeting.

UNFINISHED BUSINESS

A. ALBERT LEA FIRE STATION
City staff has prepared resolutions and purchase agreements for the purchase of three real estate properties for the fire station facility.

1. Resolution 18-234 Approving Purchase of Real Estate – Cortinas, 220 College Street East.

Adams said the acquisition price of this property is $62,500, in addition to other conditions outlined in the purchase agreement.

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 18-234
included with these minutes)

2. Resolution 18-236 Approving Purchase of Real Estate – Evelyn Willaby. 415 Newton Avenue South.

Adams said the acquisition price of this property is $72,500, in addition to other conditions outlined in the purchase agreement.
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 18-236
included with these minutes)

3. Resolution 18-235 Approving Purchase of Real Estate – Freeborn Mower Cooperative Services

Adams explained this acquisition includes several parcels for the total purchase price of $1. This acquisition includes consideration of a future public hearing for Tax Abatement for Freeborn Mower Cooperative when they move forward with a significant remodel at their existing campus or construction of a new campus, whichever they decide.
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 18-235
included with these minutes)

NEW BUSINESS

A. Ordinance 219,9d Amending Small Cell Facilities In Right-of-Ways (1st Reading)

Adams explained the City seeks to repeal and replace the existing right-of-way ordinance to administer and regulate the public right-of-way and to provide for the issuance and regulation of right-of-way permits. The requirements for granting a permit is discussed and described in detail. Conditions are imposed upon the person receiving the permit for the general safety, health and welfare of the public. There is a timeline set forth for action to be taken on permit application that is denied. Fees are required for permits and are described. The fees will be added to the schedule of fees. The ordinance also describes the work to be done in the right-of-way when patching and restoring after excavation. There are limitations on the permit area, obstructions allowed, and dates when valid. Installation and inspection requirements are to be followed. If work is done without a permit, there are exceptions and ramifications if exception is not met. The City reserves the right to revoke a permit with procedures in place for that process. All data needs to be mapped for future Gopher One Call use. The placement of facilities and damage to other facilities are described. The right-of-way vacation and abandon facilities is discussed. Indemnification and liability are accepted by the purchase of a permit. The appeal process is laid out. Permittees are also subject to regulatory and police powers. It will be necessary to repeal City Code Sections 50-66 through 50-69 and 50-96 through 50-101 in enacting this ordinance. In addition, Adams described a policy that will be presented for approval at the January 14th council meeting to place aesthetic requirements on the facilities in the right-of-ways.

To Howland’s question, Martinez outlined regulation requirements and provided clarification of when a conditional use permit is required.

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 219,9d
included with these minutes)

B. Resolution 18-237 Amending Agreement Dated August 28, 2018 Between The City of Albert Lea and Housing & Redevelopment Authority

Adams explained the attached Resolution will extend the contract term in the August 28, 2018 Agreement from October 31, 2018 to December 31, 2018 and amended compensation to direct costs and expenses as noted. All other existing terms of the August 28, 2019 agreement continue.

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 Resolution 18-237
included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items –None
• Committee Update – Attended ALEDA interviews for the Director position and attended an HRA meeting.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended an HRA Board meeting.

Third Ward, Councilor Howland reported:
• Ward Items – Received a call from a constituent regarding an icy road.
• Committee Update – Attended the Holiday Bizarre and read stories to children at the Marion Ross Theatre. Attended the open house for the Bridge Avenue project.

Fourth Ward, Councilor Olson reported:
• Ward Items – None
Committee Update – Attended an HRA meeting, and reported topics discussed were the Shady Oak building repair project, and approved an administrative plan to correct HUD discrepancies.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on a ward item.
• Committee Update – Attended an airport board meeting. Discussion included new board members, and finalizing the Hanger agreements. Rasmussen also reported the contractor will return to finish touch up on the arrival/departure building.

Sixth Ward, Councilor Brooks –
• Ward Items – Received comments from constituents following the Bridge Avenue project meeting.
• Committee Update –Attended an HRA meeting.

MAYOR REPORT:

Mayor Rasmussen asked for a motion to appoint Michael Bartz to the HRA Board.
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 Rasmussen. Baker abstained. Mayor Rasmussen declared the motion passed.

• Listened to newly elected Attorney General Keith Ellison. Mayor invited Ellison to come back to the community to discuss Save Our Health Care issues.
• Announced the openings on the Boards and Commissions and encouraged applicants.
• Attended the Holiday Bizarre downtown.
• Attended a Port Authority meeting and reported an employment offer was extended to California native, Phillip Johnson who accepted the position.
• Mayor Rasmussen wished everyone Happy Holidays and New Year.

CITY MANAGER REPORT:

• Securing a Goal Setting meeting date.
• Adams reported he is working on an economic development prospect that may require a Special Meeting to advance prior to the next council meeting.

APPROVAL OF CLAIMS

RESOLUTION 18-238 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. In addition, Adams displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

To Baker’s question, Jahnke provided details of the reimbursements related to the pole mounted fixtures on Broadway.

Motion made by Councilor Baker to approve payment of claims as presented for checks #70159 through #70319 in the amount of $868,375.50. 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 18-238
Included with these minutes)

ADJOURNMENT – 5:58 PM

Motion made by Councilor Murray, 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, January 14th. 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
Secretary of the Council

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.