March 9, 2020

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, March 9, 2020, 7:00 p.m.

PRESENT: Mayor Vern Rasmussen, Jr., Councilors, Larry Baker, Reid Olson, Robert Rasmussen, and Al Brooks. Also present were City Manager David Todd, Public Works Director Steve Jahnke, and City Clerk Daphney Maras.

ABSENT: Councilors Rich Murray and Jason Howland, and City Attorney Kelly Martinez

PUBLIC FORUM
Mayor Rasmussen Jr. proclaimed the month of March Colorectal Cancer Awareness month.
Gary Hagen spoke of his opposition to the amendments to the Dock Ordinance, including the increase in liability insurance. He implored council to review this ordinance before approving.
Steven Overgaard spoke on behalf of Bancroft Township Supervisors/Board and their opposition to the Annexation by Ordinance on the agenda this evening.

CONSENT AND APPROVAL OF AGENDA
Mayor Rasmussen read through each item on the council agenda:

A. Approve Minutes Of The February 10, 2020 Regular Council Meeting
B. Approve Minutes Of The February 10, 2020 Work Session
C. Licenses & Permits (None)
D. Resolution Granting Approval Of A Conditional Use Permit To Allow For An Existing Manufactured Home Park Within The Planned Development (PD) District
E. Resolution Granting A Variance To Manufactured Home Requirements
F. Resolution Authorizing City of Albert Lea And Albert Lea Township To Enter Into Agreement For Fire Protection Services
G. Resolution Authorizing City of Albert Lea And Pickerel Lake Township To Enter Into Agreement For Fire Protection Services
H. Resolution Approving Plans And Specifications And Ordering Advertising Of Bids For The Clark Street Reconstruction Project (Job 2051)
I. Resolution Supporting Infrastructure Accountability – 2020 Misc. 84

Motion made by Councilor Baker to approve the consent agenda, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 20-045 through 20-050
Included with these minutes)

UNFINISHED BUSINESS

A. Ordinance 20-228 Annexing Land Located In Bancroft Township, Freeborn County, Minnesota Pursuant To MINN. STAT. § 414.033 Subdivision 2(3), Permitting Annexation By Ordinance (2nd Reading)

On August 23, 2019, Freeborn-Mower Cooperative Services submitted a petition for annexation to the City of Albert Lea. This annexation is necessary for development of a 97,000 sq. ft. commercial facility, in addition to connecting to City Water and Sewer services. The ordinance has been prepared setting forth the terms and conditions of annexation Staff recommends approval of the second reading.

Brooks and Baker expressed their support of this project.

Motion made by Councilor Olson to approve Ordinance 20-228, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 20-228
Included with these minutes)

B. Resolution 20-051 Permitting Publication Of Ordinance Summary Annexing Land Located In Bancroft Township, Freeborn County

An Ordinance Summary may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance. The effective date of the ordinance annexing land in Bancroft Township will be March 9, 2020. This must pass by a four-fifths vote by Council.

Motion made by Councilor Baker to approve, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 20-051
Included with these minutes)

C. Ordinance 20-229 Amending Chapter 42, Article II – Docks, Sections 42-31 Through 42-38 (2nd Reading)

The City enacted the dock ordinance to regulate the use and placement of docks, moorings, and other fixed or floating structures in public waters in order to promote the full use, safety and enjoyment of Fountain Lake. The amendment provides enhanced definitions and clarifies the process for issuing dock permits to both property owners abutting the lakeshore and community members at large. Property owners with title to property abutting the lakeshore, also known as riparian property owners, will have the right of first refusal for the dock space tied to riparian properties. Property owners with title to multiple riparian properties may be issued one dock per riparian property. Whereas members of the same household and/or owners of the same property will be issued only one permit. All permit holders from the preceding year may renew their dock permits between March 1 and April 1. All remaining dock permits and/or dock permits, that were not timely renewed, will be made available to the community starting on April 16 at 6:00 a.m. No applications for dock permits will be accepted between April 2 and April 15. Applications and renewal for a dock permit must be submitted to the Recreation Office during the times provided and shall be accompanied by the current fee schedule and a certificate of insurance naming the City as an additional insured, and demonstrating a policy of maximum liability pursuant to Minn. Stat. 466.04. Staff recommends approval of the second reading.

Motion made by Councilor Baker to postpone the approval of this ordinance until the next council meeting on March 23, 2020 to allow further discussion, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.

D. Resolution 20- Permitting Publication Of Ordinance Summary Amending Chapter 42, Article II – Docks, Section 42-31 Through 42-38

An Ordinance Summary may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance. The effective date of the Dock ordinance will be March 9, 2020. This must pass by a four-fifths vote by Council.

This Resolution was not approved as is not necessary due to the ordinance has been postponed until the next council meeting.

NEW BUSINESS

A. Ordinance 20-230 Amending Zoning And Land Use Map For Property Annexed In From Bancroft Township (1st Reading)

This is the first reading of the ordinance amending the Zoning and Land Use Map for property annexed from Bancroft Township.

Motion made by Councilor Baker to approve Ordinance 20-230, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 20-230
Included with these minutes)

B. Resolution 20-052 Accepting Feasibility Report And Ordering Improvement And Preparation Of Plans For Newton Avenue & College Street Parking Lot Reconstruction Project (Job 2052)

This item would accept the feasibility report and order the improvement and preparation of plans for the Newton Avenue & College Street Parking Lot Construction Project (Job 2052). The existing pavement for the proposed parking lot is in very poor condition. The parking lot was paved in 1961 and city records are not clear on when or if there was subsequent overlays. The pavement is beyond its useful life and reconstruction of the pavement surface is being proposed. The project will involve the removal of the existing bituminous pavement, regrading of the existing aggregate base, and paving of the new bituminous surface. New sign posts, spot aggregate base reconstruction, and spot concrete sidewalk replacement will also take place where warranted.

Opportunities for stormwater treatment and infiltration were evaluated but there is not enough room in the parking lot to maintain the number of stalls provided and add a grass median, raingardens or stormwater pond. To install any of these features approximately 25 of the 78 stalls would need to be eliminated. The estimated project cost is $120,000. This project is not assessable and would be funded using bonding funds or City.

PROPOSED PROJECT SCHEDULE
The proposed project schedule for the Newton Avenue & College Street Parking Lot Reconstruction Project is as follows:

Accept Feasibility Report & Ordering Improvement and Preparation of Plans – March 9, 2020
Resolution Approving Plans & Ordering Advertisement for Bid – March 23, 2020
Open Bids – April 21, 2020
Council Awards Bids – April 27, 2020
Begin Construction – June 1, 2020
End Construction – October 31, 2020

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

(See Secretary’s Original Resolution 20-052
Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported: ABSENT

Second Ward, Councilor Baker reported:
Ward Items – None
Committee Update – Has an upcoming Heritage Preservation Meeting and will be in Mpls. Lobbying legislatures this coming Wednesday with City Manager Todd.

Third Ward, Councilor Howland reported; ABSENT

Fourth Ward, Councilor Olson reported:
Ward Items – None
Committee Update – None

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

Sixth Ward, Councilor Brooks reported:
Ward Items – Has received comments in opposition of a new Softball field.
Committee Update – None

MAYOR’S REPORT:
Attending Legislative Day on March 11th.
Special Event: ‘Rock Your Socks Walk-Run’ on March 21st – 9:00 a.m. Starts at Brookside.
Census 2020 will be sending out forms within the next week or two.
Attended a Port Authority where they have met with two potential developers.

CITY MANAGER REPORT:

Will be attending Legislative Action Day on March 11th with Mayor Rasmussen.
Will meet with MNDot in St. Paul next week with Steve Jahnke
Will be lobbying Legislatures on behalf of Albert Lea
Spoke about the Corona Virus COVID-19 and offered hand-outs to those present. He read a statement from Freeborn County Public Health reminding people to be vigilant about washing hands and taking extra precautions. Human Resources Director Mike Zelenak and staff will be working on a plan to handle this situation should it arise at City Hall.

APPROVAL OF CLAIMS

A. RESOLUTION 20-053 APPROVING CONTRACT WITH COUNCILMEMBER AL D. BROOKS

– The attached resolution directs the Mayor and City Treasurer to make payment in the amount of $737.70 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 Baker to approve payment of claims as presented in the amount of $737.70. Seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen and Mayor Rasmussen. Councilor Brooks abstained. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 20-053
Included with these minutes)

B. RESOLUTION 20-054 APPROVING CLAIMS

David Todd explained that the attached resolution directs the Mayor and City Treasurer to issue the payment of claims as presented in the Detail of Claims report. In addition, Todd displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

Motion made by Councilor Brooks to approve payment of claims as presented for checks #74502 through #74653 in the amount of $1,134,057.81. Seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Howland were absent. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 20-054
Included with these minutes)

CLOSED SESSION – PURSUANT TO MINN. STAT §13D.03 – Labor Negotiations Strategy

Mayor Rasmussen asked for a motion to enter into closed session.

Motion made by Councilor Olson to move into closed session to discuss labor negotiations, seconded by Councilor Baker. On roll call vote, all councilors voted in favor of said motion.
Mayor Rasmussen declared the motion passed.

Mayor Rasmussen reopened the regular meeting noting staff was provided with direction in the closed session.

ADJOURNMENT: 8:22 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, March 23, 2020. 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.

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Daphney Maras
Secretary of the Council