June 27, 2016

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, June 27, 2016, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors John Schulte V, Larry Baker, George Marin, Reid Olson, Larry Anderson and Al Brooks. Also present were, Assistant City Manager Jerry Gabrielatos, City Engineer Steven Jahnke, and Deputy Clerk Daphney Maras
ABSENT: City Manager Chad Adams and City Clerk Shirley Slater-Schulte

CEREMONIAL ITEMS

A. Proclamation Recognizing Shinefest

The Mayor read and presented the proclamation recognizing the work that approximately 90 Shinefest organizers and volunteers have provided to those in need in the Albert Lea area. Some of the work included yard work, home repair and refuse removal.

Rasmussen thanked those present for their commitment and hard work.

B. Accept Donation Presented To The City Of Albert Lea From Shell Rock River Watershed District

Mick Delger, a manager of Shell Rock River Watershed presented the City of Albert Lea with a check in the amount of $130,511.26 for the North Industrial Storm Water Project. He stated that the Watershed District applauds the City’s efforts and treatment of storm water, which improves water quality for Fountain Lake and positively affects downstream conditions.

The Mayor thanked the SRRWD for its partnership and the many benefits provided to the industrial area.

PUBLIC FORUM

Harold Kamrath, 326 Glenn Road, questioned the expense of the ramp in the council chambers. Rasmussen explained the American Disabilities Act requires the City to make the change. Mr. Kamrath also questioned why the City recently installed water fountains with the bottle filler attached. Gabrielatos explained the filter and filler were purchased with grant money. Kamrath thanked the council and staff for their services.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The June 13, 2016 Regular Council Meeting
B. Approve Minutes Of The June 9, 2016 Work Session
C. Licenses & Permits (See attached list.)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Approve Small Cities Development Program Grant Policies And Procedures
1. Resolution Adopting Residential Anti-Displacement And Relocation Assistance Plan
2. Resolution Adopting Civil Rights Certification For The City Of Albert Lea
3. Resolution Adopting Drug Free Workplace
F. Resolution Approving Amendment No. 2 To Business Subsidy Agreement – Bridon Cordage
G. Resolution Approving Amendment No. 3 To Business Subsidy Agreement – Bridon Cordage
H. Resolution Not Waiving Monetary Limits On Tort Liability

MOTION: Move to approve the consent agenda.

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

(See Secretary’s Original Resolution 16-127 thru 16-133 included with these minutes.)

PETITIONS, REQUESTS, AND COMMUNICATIONS

Mayor congratulated Albert Lea swimmer Lindsey Horejsi. Horejsi finished 19th of 125 swimmers in the 100-meter breaststroke at the first trials of the US Olympics. He invited the public to support her when she participates this Thursday at 10 a.m. in the 200-meter breaststroke.

UNFINISHED BUSINESS

A. Ordinance 200,6d Approving A Rezoning From R-3 Multi-Family Residential To B-2 Business Zoning District For The Property Located At 1430 West US Highway 69 (2nd Reading)

Gabrielatos stated the first reading of this ordinance was held at the June 13, 2016 council meeting. Larry Gensmer of Freeborn Properties, LLC and Clayton Petersen have requested an amendment to the Zoning map (a rezoning) to the property located at 1430 US Highway West from R-3 to B-2. Council approved the first reading of this ordinance by a 5-2 vote. This is the final reading of the ordinance.

Councilor Marin listed positive aspects of this development: the utilization of local carpenters and businesses, use of solar panels, and the repurposing of an older building. Marin spoke with residents in the area and none object to the proposed development. He concluded with stating that this project is in line with the Green Step community component of Albert Lea and he supports this as a new business district for the City.
Schulte thanked Mr. Petersen for bringing the project forward, as well as the council for the conversation at the work sessions. He explained that the rules, ordinances and policies are important to follow so that all applications receive the same considerations, eliminating subjectivity. Schulte stated he does not support this application.
Mayor Rasmussen echoed Schulte’s statements commenting his support for Petersen, but citing he does not agree with the procedural process of this project.
Motion made by Councilor Anderson, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said motion: Baker, Marin, Olson, Anderson, Brooks. Schulte and Mayor Rasmussen Jr. voted nay. Mayor Rasmussen declared the motion passed.

See Secretary’s Original Resolution 200,6d included with these minutes.)

B. Resolution To Amend Comprehensive Plan To Adopt Appendix F, Further Defining A Neighborhood Commercial Node Land Use District And Designating The Property On The Northwest Corner Of Us 69 And West 9th Street.

Gabrielatos explained this item was tabled at the meeting of June 13, 2016. The Planning Commission recommended an amendment to the Land Use Plan to describe a Neighborhood Commercial Node Land Use District to be located at key intersections where a mix of commercial land uses, providing for both nearby neighborhood and regional retail and service needs may be met, and to designate the property located at 1430 US Highway 69 West to this district. A 2/3 vote of the Council is required to amend the Comprehensive Plan regarding land use.

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

(See Secretary’s Original Resolution 16-134 included with these minutes.)

NEW BUSINESS

A. Resolution Awarding The Sale Of General Obligation Improvement Bonds, Series 2016A, In The Original Aggregate Principal Amount Of $3,510,000; Fixing Their Form And Specifications; Directing Their Execution And Delivery; And Providing For Their Payment

Rebecca Kurtz, Senior Municipal Advisor with Ehlers reviewed the sale of the $3,510,000 General Obligation Improvement Bonds, Series 2016A. Kurtz explained that six bids were received. Baird of Milwaukee, WI submitted the lowest bid. Kurtz explained the credit rating of the City by Standard & Poor is “AA-.” This rating is a reflection of the City’s strong management including good financial policies and practices. She reported, in the opinion of S&P, Albert Lea’s budgetary performance is very strong based on the operating surplus. She noted that a premium bid was received explaining the underwriters provided more money than originally requested; thus bringing the total to $3,908,000. The additional amount can be used for projects or to reduce the debt service. Kurtz also explained this resolution would award the sale of the General Obligation Permanent Improvement Revolving Fund Bonds for $3,510,000 and provide the payment of these bonds.

Motion made by Councilor Baker, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Schulte V, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-135
included with these minutes.)

B. Landfill Restricted (CLR) Land Use District And Designating The Property Of The Closed Landfill As ‘CLR’

Gabrielatos reported earlier this year MPCA staff contacted the City with a reminder that MN State Stat. §115B.412, Subd. 9 requires all local land-use plans to be consistent with the MPCA’s land-use plan for a Landfill Management Area’ the CLUP (Closed Landfill Use Plan). The drafted amendment will bring the city into compliance with this requirement.

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

(See Secretary’s Original Resolution 16-136 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Schulte V:

  • No Report

Second Ward, Councilor Baker:

  • Staff is addressing ward items.
  • Attended Wind Down Wednesday and commented that it was a success. Reported there were more people in attendance and more vendors than in the past.

Third Ward, Councilor Marin

  • Attended the Elected and Appointed Officials forum on the Zika virus hosted by State Representative Peggy Bennett.
  • Received a call requesting additional dust control on Sunset Street. Marin asked City Engineer, Steven Jahnke for clarification of the area currently receiving dust control treatment. Jahnke explained that approximately 700 feet of the east and west end of Sunset has been treated. Going forward, the contractor doing the work has agreed to provide dust control as needed.
  • Extended well wishes to Officer Dave Miller.
  • Stated concerns with garbage receptacles sitting on the boulevard in a neighborhood in Ward 5. Asked City Attorney, Lee Bjorndal, to review the City Ordinance regarding nuisance, refuse, and provide a report in the future.

Fourth Ward, Councilor Olson:

  • No report

Fifth Ward, Councilor Anderson:

  • Staff is addressing ward items.
  • Thanked the City Engineers for completing construction projects begun last year.
  • Toured the Mason City Airport with Assistant City Manager, Jerry Gabrielatos. Stated the City may be able to secure hangar rentals as staff from the Airport in Mason City could refer potential tenants to Albert Lea.
  • Thanked Shinefest organizers and volunteers for the work they provided.

Sixth Ward, Councilor Brooks:

  • Attended the Convention and Visitors Bureau meeting.
  • Asked Jahnke for an update on the construction in the 6th ward. Jahnke reported the curb work and sidewalk will begin on Thursday in the 5th & Virginia Street area and extending over the next two weeks, weather permitting. The Neighborhood project work will continue in the same fashion. The work at 5th & Virginia should be completed by the end of July and the Neighborhood project to be completed by the end of August.

Mayor’s Report:

  • The Mayor publicized the Community Corn Day event, annual 3rd of July Parade, Freedom Festival, and the American Legion’s 4th of July Car Show.
  • He also encouraged residents to provide names of WWII Vets to the American Legion staff to be recognized at the Military All Stars Baseball game on July 14th. This event will be held at Hayek Field

CITY MANAGER REPORT

  • Reviewed the 2016-17 top 5 goals of Council and Staff. This list included the following in order:
    • Increasing Community Tax Base
    • Increasing Workforce Housing In The Community
    • Implementing The Facilities Master Plan Projects
    • Continuing Recently Implemented Community Communications.
    • Increasing Nuisance Abatement Program And Code Enforcement
  • Gabrielatos commented that use of the Facebook Live feature generated over 20,000 views in a week. He also stated the City will continue to undertake those initiatives.

APPROVAL OF CLAIMS

A. Resolution 16-137 Approving Contract with Councilmember Schulte V.

The attached resolution directs the Mayor and City Clerk to make payment in the amount of $1743.45 on behalf of the City for a claim from Jones, Haugh & Smith and to issue payment for filing the affidavit of official interest by the interested official, Councilor Schulte V.

Motion made by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Marin, Olson, Anderson and Mayor Rasmussen. Council Schulte V abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-137
included with these minutes)

B. Resolution 16-138 Approving Contract with Councilmember Brooks.

The attached resolution directs the Mayor and City Clerk to make payment in the amount of $128.25 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 to approve made by Councilor Baker, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilors Baker, Marin, Olson, and Mayor Rasmussen. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.
The resolution directed the Mayor and City Clerk to issue the payment of claims as presented in the Detail of Claims report. Gabrielatos highlighted the claims over $25,000.

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

(See Secretary’s Original Resolution 16-139 included with these minutes)

ADJOURNMENT – 7:40 P.M.

Motion made by Councilor Marin, 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, July 11, 2016. 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 Pro Tem