REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 13, 2019, 7:00 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, Public Works Director Steven Jahnke, City Attorney Kelly Martinez, and City Clerk Daphney Maras.

CEREMONIAL ITEMS
A. Oath of Office – Albert Lea Fire Department – Captain Dennis Glassel introduced two new Firefighters, Andrew Monson and Nathan Wagner, and Brett Boss who was recently promoted to Lieutenant. City Clerk Maras administered the Oath of Office.
B. Declare May 2019 As National REACT Month – Mayor Rasmussen declared May as National REACT Month. He thanked the group, who are not present this evening, but came in to his office early today to sign the proclamation.
C. Citizen Academy Graduation – Lt. Strom introduced the Citizen Academy members for 2019. Lieutenant Jeff Strom introduced the 2019 Albert Lea Police Department Citizen Academy members. He mentioned Detective Ben Mortenson has been with the program since its inception in 2001.

PUBLIC FORUM
Jeremy Brue spoke about the proposed Food Vendor ordinance and his concern that power will not be available to Food Trucks. He also questioned the generator noise. Mayor Rasmussen deferred to Maras who explained this is being treated as a pilot program and adjustments can be made as the need arises. In reference to the generator noise, Maras explained there is currently a noise ordinance in place.

Dori Etheridge expressed her enthusiasm for the proposed Food Truck ordinance stating food trucks are a global phenomenon and many other cities have already been enjoying the benefits. She thanked council for considering this proposed change in the ordinance.

CONSENT AND APPROVAL OF AGENDA:

Mayor Rasmussen read through each item on the council agenda.

A. Approve Minutes Of The April 22, 2019 Regular Council Meeting
B. Approve Minutes Of The April 22, 2019 Work Session
C. Approve Minutes Of The April 29, 2019 Special Meeting
D. Licenses & Permits (See Attached List)
E. Resolution Approving Application To Conduct Off-Site Gambling – Hayward Fire Relief Association
F. Resolution Approving Grant Agreement With Minnesota Department of Transportation – Office of Aeronautics – 2020 And 2021
G. Resolution Accepting Low Bid For 2019 Bituminous Material
H. Resolution Accepting Resignation of City Manager Chad Adams
I. Resolution Approving Purchase of Cameras For City Facilities
J. Waive Landfill and Building Permit Fees for the 2019 ShineFest Week of Service

Mayor Rasmussen described the addition of a Closed Session meeting tonight for land acquisition.

Motion made by Councilor Baker to approve the consent agenda with the addition of the Closed Session meeting. Motion 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 19-069 thru 19-073 included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS
A. City Manager Executive Search Update – Gary Weiers, DDA Human Resources

Mr. Weiers provided an update on the executive search process regarding the City Manager hiring process. Council action is requested to review and approve the profile/advertisement and salary range for the position. Weiers outlined the search process and timeline.

Mayor Rasmussen asked for a motion to approve the modification to the minimum qualifications for the position. Currently the position requires a master’s degree and five years of experience or a bachelor’s degree and seven years of experience. That modification would be a masters and three years or a bachelors and five years’ experience.

Motion made by Councilor Murray to approve the modification to the minimum qualifications for the City Manager position. Motion 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.

Mayor Rasmussen asked for a motion to approve the job profile as written and the salary modification. Currently the salary range is $100,235.20 to $130,291.20. The modification to the salary range is $115,000 to $145,000.

Motion made by Councilor Baker to approve the job profile as written and the modification to the salary range for the City Manager position. Motion 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.

UNFINISHED BUSINESS
A. Continuation of Public Hearing and Resolution 19-074 Vacating Rights-Of-Way of East Pearl Street and Elizabeth Avenue in Block 33 and Block 36, Original Village of Albert Lea.

The property where the new Fire Station will be built is comprised of several lots on two blocks and includes portions of platted right of way that are no longer needed. Staff recommends approval of the rights-of-way vacations.

Mayor Rasmussen opened the public hearing. Called three times. No one spoke. Mayor Rasmussen closed the public hearing.

Motion made by Councilor Baker. Motion 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 19-074
Included with these minutes)

B. Resolution 19-075 Approving Preliminary And Final Plat For Fire Station Addition

A re-platting of this property into a single parcel is needed prior to development. As allowed under state statute, preliminary and final plats are being considered concurrently. The Planning Commission held a public hearing on March 5th to review the preliminary plat, as required. The Planning Commission and staff recommended approval of both the preliminary and final plats.
Motion made by Councilor Baker, 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 19-075 Included with these minutes)

NEW BUSINESS
A. Resolution 19-076 Accepting Bid For The Clausen Avenue, High Street, Sheridan Street And Giles Place Reconstruction Project – 1901.

Engineering has reviewed the bid opened April 30, 2019 for the Clausen Avenue, High Street, Sheridan Street and Giles Place Reconstruction Project. The project involves complete reconstruction of several streets in the area bounded by Johnson Street on the south, Hawthorne Street on the north, North Shore Avenue on the west and Valley Avenue on the east. Work will involve complete removal and replacement of the pavement, curb and gutter, sidewalk, sanitary sewer, storm sewer and water main. The existing concrete and bituminous pavements will be removed and replaced with a bituminous surface.
Engineering received one bid. There was $68.55 in adding errors in the bid and this has been corrected based on unit prices. Engineering staff recommends the low bid of $3,191,497.45 as submitted by Wencl Construction Inc. of Owatonna, Minnesota. The Engineer’s estimate was $3,138,594.48.

Motion made by Councilor Olson. Motion 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 19-076 Included with these minutes)

B. Acknowledge Bid Results For NW Sewer & Water Improvements Stables Area Service Hookups (Job 1702).

The City of Albert Lea and Jones, Haugh & Smith, Inc. have reviewed the bids opened Tuesday, April 16, 2019 for the NW Sewer & Water Improvements – Stable Area Service Hookups (1702). This project would provide the homeowners with the option of using this contractor to install the sewer and water service at a negotiated price by the City. The City received one bid. The apparent low bidder is Alcon Excavating Inc. from Rochester, Minnesota with the low bid of $399,120.00 The Engineers estimate was $270,000. The difference was primarily a large site restoration bid item. Staff continues to evaluate the bid and the options for homeowners and is not ready to award at this time. This item only acknowledges the bids for the NW Sewer & Water Improvements Stables Area Service hookups (1702).

Motion made by Councilor Baker acknowledging this bid. Motion 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.

C. Ordinance 225,11d Amending Chapter 22, Regulations and Fees For Mobile Food Carts And Mobile Food Vehicles (1st Reading)

City staff received a number of requests from the community and Mobile Food Truck vendors to modify the current ordinance to allow Food Trucks to vend daily in different locations throughout the City. The ordinance identifies locations as indicated on the Mobile Food Unit Map, days, times and added regulations. Adams displayed a map of the six proposed locations.

To Howland’s questions, Maras clarified the number of parking spots proposed on Washington Avenue and the North Broadway Parking lot, the policy on food vendors using the locations during festivals or special events, and described how the first come first serve basis could operate without issue. Baker commented that he would like to see the parking spots distributed evenly and hopes a policy can be drafted in the future.

Motion made by Councilor Baker to approve the first reading of this ordinance. Motion 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 Ordinance 225,11d) Included with these minutes)

MAYOR AND COUNCIL REPORTS:

First Ward, Councilor Murray reported:
• Ward Items – Items are being discussed with City Manager
• Committee Update – Commend the community and the CVB for all the work to make the Governor’s opener a success. Attended the HRA Board Meeting before this meeting where they spoke about reviewing the executive search criteria going forward and extended the contract with SMR. Attended a couple of healthcare meetings.

Second Ward, Councilor Baker reported;
• Ward Items – None
• Committee Update – Attended the HRA meeting, and Planning Commission Meeting. Ordinances were discussed, as well as the approval of the construction from Ebert’s for a distribution center. Volunteered for the Governor’s opener. Thanked Frank Thompson of Thompson sanitation for donating the garbage cans for the Governor’s opener.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Spoke of how proud he was of Albert Lea for the way they handled the Governor’s opener and for all the hard work of the 600 plus volunteers. Reported Governor Walz was very impressed.

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – Attended the HRA meeting today.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Will speak with the City Engineer on a ward item.
• Committee Update – Commented on the success of the Governor’s opener.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Working with City Manager on a ward item. Mentioned an area on Kevin Dr. that he asked engineering to take a look at.
• Committee Update – Thanked the volunteers for putting on the successful Governor’s opener.

MAYOR REPORT –
• Reported May 15th is designated as Peace Officer Memorial Day and the week in which this fall is designated law enforcement week.
• The Farmers market is opening May 15th from are the hours are 3:00 – 6:30 on Wednesdays and 7:30 a.m. to noon on Saturdays.
• Attended a Senior Center meeting and provided
• Reported the City received an award for hosting the governor’s opener. He thanked the volunteers and commented on the welcoming attitude the community provided.
• Attended a soft opening for Mortarr on Friday night.

Mayor Rasmussen said he was impressed with the State Officials presence and how they engaged with the City of Albert Lea community and councilors. It said this provided an opportunity to connect with the officials and share issues affecting in our community.

CITY MANAGER REPORT – Gave a shout out to all volunteers participating in the Governor’s opener and City staff. He also thanked council for representing Albert Lea and communicating with legislatures.

A. City Pool Bath House Emergency Repairs

City staff became aware about two weeks ago that there may need to be some structural repairs completed to the north wall of the bathhouse prior to the pool opening this summer. The City has received two opinions on the structural integrity of the wall and building and both are recommending emergency repairs to the wall. Staff should be receiving cost estimates and schedule of work to be completed either tomorrow (Friday) or on Monday, prior to the Council meeting. It is possible that the temporary emergency repairs may exceed $50,000, which would warrant Council action. Staff is expected to have options and/or a recommendation at Monday’s Council meeting.

Motion made by Councilor Baker acknowledging this bid. Motion 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.

Howland stated he finds this item unacceptable and doesn’t understand how this could have fell through the cracks and not caught before it became an emergency repair.

Adams responded defending and commending staff for finding this problem and for doing a facilities analysis five years ago. There was indication at that time that there may be some structural issues, however there are things that cannot be controlled as Mother Nature presents. These things happen, and although this was not expected, staff is glad it was caught before it became a bigger issue. Adams said staff will investigate and find the cause.

B. 2019 Quarterly Budget Report

Finance Director Kristi Brutlag presented an overview of the 2019 Quarterly Budget Report. Including revenues for the first quarter. Interest revenue will be detailed by the investment adviser at the next council meeting.

Howland asked what the overall budget is for the pool and how the emergency expenditures will be paid. Brutlag said the budget is $204,000. The fund used will be up to the council, but the building maintenance fund would typically be used for this type of expenditure.

APPROVAL OF CLAIMS
Resolution 19-077 Approval of 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.

Motion made by Councilor Baker to approve payment of claims as presented for checks #71484 through #71681 in the amount of $1,830,421.45. 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 Resolution 19-077 Included with these minutes)

CLOSED SESSION – Pursuant to Minn. Statute §13D.05, subd. 3(b). Adams explained this is regarding parcel number 08-009-0010 which is a strip of land, approximately 7.9 acres by the Blazing Star Landing.

Motion – A motion to move into Closed Session at 7:55 PM was made by Councilor Baker and seconded by Councilor Howland.

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

ADJOURNMENT – 8:03 PM

Motion made by Councilor Murray, seconded by Councilor, Howland 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, May 13, 2019. 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
Secretary of the Council