May 28, 2019

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 28, 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, City Attorney Kelly Martinez, and City Clerk Daphney Maras.

PUBLIC FORUM – Josh Orchard Manager of Cabin Coffee and Bill Howe provided handouts and described their concept of a Bridgeport Marina to be located on Bridge Avenue. They asked council’s approval to fundraise for this project and requested a Donor Sign be located at the project site.
Mayor Rasmussen offered to bring back formal support at the June 10th council meeting giving time for council to review the information provided.
Murray expressed his concern for traffic issues in this area.

CONSENT AND APPROVAL OF AGENDA:

Mayor Rasmussen read through each item on the council agenda.
A. Approve Minutes Of The May 13, 2019 Regular Council Meeting
B. Approve Minutes Of The May 13, 2019 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Closing The Downtown Project Fund (Fund 408) To The Capital Projects Donation Fund (Fund 405)
E. Resolution Granting Conditional Use Permit For Approval Of Site Plan Review For A Distribution Center In An Interstate Development District (IDD) Zone
F. Resolution Approving Lot Division Through A Certificate of Survey For Lot 4, Block 2, Habben First Addition
G. Resolution Granting Conditional Use Permit For Development Standards In The PD Planned Development District, Wedgewood Cove Estates First Addition And Second Addition
H. Resolution Approving Lot Reconfiguration Through A Certificate of Survey For Lots 2, 3, 4 & 5, Block 5, Wedgewood Cove Estates No. 1
I. Resolution Authorizing Replacement of Roof At Marion Ross Performing Arts Center
J. Approve Water, Sewer and Storm Water Utility Rate Study

Mayor Rasmussen mentioned, as discussed at the Work Session tonight, item J will be removed from the Consent Agenda.

Motion made by Councilor Baker to approve the Consent agenda with the exclusion of item J. 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.

(See Secretary’s Original Resolution 19- thru 19-included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS

A. Blazing Star Landing And Community Center Project

Adams provided information utilizing a PowerPoint display. Background history was detailed since the Farmland Foods fire in 2001, as well as a $20 million bonding request to create a regional community destination on the property. Lakeshore Development, Community Center and Private Development particulars including project costs and funding were also disclosed. The actual community center itself was depicted as a 115,000 square foot facility. The key stakeholders/partners were revealed as:

• YMCA
• School District and Community Education
• City of Albert Lea (Senior Center, Parks & Rec.)
• Senior Resources
• Civic Organizations
• Youth Athletic Associations

Adams illustrated the results of a Civic Group Feedback and results from 2015 and 2018 Community Surveys regarding this proposed project.

The project timeline was reviewed including support from council for bonding dollars at the June 10th meeting. Adams said there are some private developers that have a strong interest in developing approximately eight acres at the Farmland site. However, a letter of intent or non-disclosure agreement to provide certainty that they are serious about moving this project forward in conjunction with the Community Center at the same time is most prudent.

Dennis Dieser Director of the YMCA provided comments on this project. He noted the difficulties, so far, are the lack of signed agreements; however the support of bonding would bring the project a big step forward. He said the YMCA board of directors would work with legislative members to work towards receiving those bonding dollars.

UNFINISHED BUSINESS

A. Ordinance 225,11d Amending Chapter 22, Regulations and Fees For Mobile Food Carts And Mobile Food Vehicles (2nd Reading)

The first reading of this ordinance was held at the May 13, 2019 City Council meeting. 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 and days, times and added regulations.

Baker reiterated that after this trial period that the parking spaces be assigned to Food truck vendors to allow for fair parking opportunities.

Motion made by Councilor Brooks. Motion 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 225, 11d Included with these minutes)

B. Resolution 19-084 Permitting Publication Of Ordinance Summary Of An Ordinance Amending Chapter 22, Regulations And Fees For Mobile Food Carts And Mobile Food Vehicles.

Summaries of ordinances 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. This must pass by a four-fifths vote by Council.
Motion made by Councilor Baker. Motion 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 19-084 Included with these minutes)

NEW BUSINESS

A. Ordinance 226,11d Amending City Code Paving Standards, Articles III, V & VI (1st reading)

The proposed changes would allow for alternative methods for surfacing of parking areas in B-1, I-1, I-2, I-3, IDD, B-1, and PD districts. Paving standards for parking the rest of districts remains the same. The alternative methods would be gravel, limestone, or similar material installed with water drainage, tracking and aesthetics concerns addressed and approved by the Development Review Team. The Planning Commission recommends proposed changes to the City Code as it pertains to “Paving Standards.”

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 Ordinance 226, 11d Included with these minutes)

B. Resolution 19-085 Approving Purchase Of Real Estate From Railroad Properties, LLC By The City of Albert Lea

The attached resolution would approve the purchase of real estate from Railroad Properties, LLC in the amount of $35,000 for the approximate seven (7) acres by the City of Albert Lea. The property is located with the Blazing Star Landing and would provide more property for future development of the site. The city owns the land surrounding these parcels.

Motion made by Councilor Baker. 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 Resolution 19-085 Included with these minutes)

C. Resolution 19-086 Accepting Bid For The Newton Ave Reconstruction And Concrete Rehabilitation Project (Job 1902)

Engineering has reviewed the bids opened Tuesday, May 21, 2019 for the Newton Avenue Reconstruction & Rehabilitation Project. The project involves the removal of existing pavement, repairs to the existing utility infrastructure, storm drainage improvements, sidewalk replacement and reconstructing the roadway to meet State Aid/Federal Aid standards from Pearl Street to 2nd Street. Newton Avenue from 2nd Street to 4th Street will undergo Concrete Pavement Rehabilitation (CPR). This process will involve replacing panels of damaged or settled concrete pavement and curb and gutter. Miscellaneous damaged or settled sidewalk will be replaced in this section as well. The low bid was approximately 8% higher than the engineers estimate. There was no one item that explains this. The main items are considerably higher than the estimate was for storm sewer pipe and installation and removals. Engineering received three bids. Engineering is recommending the low bid of $1,175,453.70 as submitted by Jensen Excavating & Trucking LLC of Albert Lea, Minnesota. The Engineer’s estimate was $1,086,733.26. Bid summary is as follows:

Bidder Total
1. Jensen Excavating & Trucking LLC $1,175,453.70 Albert Lea, MN
2. Alcon Construction Corporation $1,277,118.81 Rochester, MN
3. Wencl Construction Inc. $1,432,807.00 Owatonna, MN

Motion made by Councilor Murray. 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 19-086 Included with these minutes)

D. Resolution 19-087 Extending Tax Abatement Program for New Homes

The attached resolution would extend the City of Albert Lea’s Tax Abatement Program for new homes to December 2021. Any person who constructs a single family home, duplex or multi-family complex and files an application, and obtains formal approval from the appropriate local jurisdictions shall be eligible to receive 100% tax abatement of the City’s share of increased real estate taxes for a period of five (5) years. All other requirements of the Tax Abatement Program shall continue as outlined in the program.

Motion made by Councilor Baker. 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 Resolution 19-087 Included with these minutes)

E. Resolution 19-088 Recognizing Chad Adams For His Service As City Manager To The City of Albert Lea

The attached resolution recognizes and thanks City Manager Chad Adams for his years of service to the City of Albert Lea. During his tenure, the City was recognized by the community as a better place to live, as evidenced by Citizen Survey responses from 2012 to 2018. Adams also accomplished many significant council directives and projects, including downtown revitalization, growing the tax base and eight years of budgets without an operating levy increase, construction of the Airport Arrival/Departure building, Public Works facility and the forthcoming Fire Station; as well as promoted and implemented initiatives from the nationally recognized Blue Zones project.

Mayor Rasmussen thanked Adams for his eight years of service.

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 19-088 Included with these minutes)

F. Resolution 19-089 Approving Professional Agreement for Acting City Manager Services.

The attached resolution would approve entering into a Professional Agreement with Jerry Gabrielatos to perform the duties of Acting City Manager. The agreement authorizes a stipend of $1,000 per month to be paid for said services, effective June 5, 2019. Staff recommends approval.

Motion made by Councilor Howland. 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 Resolution 19-089 Included with these minutes)

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

  • Ward Items – None
  • Committee Update – Participated in Shinefest last week and reported there were over 20 projects completed by volunteers. Also participated in the Nations Patriots Ride.

Second Ward, Councilor Baker reported;

  • Ward Items – Will pass items to City Manager
  • Committee Update – Bid farewell to City Manager Adams. Spoke about the positive results Adams has provided Albert Lea and said the bar has been set high for the next City Manager.

Third Ward, Councilor Howland reported:

  • Ward Items – None
  • Committee Update – Thanked the Shinefest volunteers for the work they provided. Remarked on the City’s ordinance relating to solar panels on rooftops. Howland asked if this ordinance could be updated. He said it has been a pleasure working with Adams and commented that Adams has moved the City forward in his tenure.

Fourth Ward, Councilor Olson reported:

  • Ward Items – Nuisance houses will follow up with the Police Department.
  • Committee Update – None

Fifth Ward, Councilor Rasmussen reported:

  • Ward Items – None
  • Committee Update – Attended an Airport meeting. Reported on the Gliding event that took place at the airport recently. Reported that on June 8th the Young Eagles will be holding a kids’ Ride Free”. Mead & Hunt drafted a master plan for the airport facilities. Wished Chad Adams success and stated his appreciation for his service as City Manager.

Sixth Ward, Councilor Brooks reported:

  • Ward Items – Worked with City Manager on resolving issues. Appreciated the assistance he received from a variety of departments at City Hall. Reported there is a resident in his ward that grows grass to bale and questioned if this is permitted. Adams responded it would only be permitted if it is an agricultural lot.
  • Committee Update – Placed the wreath on Memorial Day at the VFW Veterans Ride. Wished Adams good luck.

MAYOR REPORT
Mayor Rasmussen asked for a motion from Council to appoint JD Carlson Director of Public Safety to the Freeborn County Family Services Collaborative.

Motion made by Councilor Howland. Motion 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.

Mayor Rasmussen announced:

  • Due to bad weather earlier this month, the Chamber of Commerce has rescheduled their annual Fireworks Fundraiser. It will be held on Friday, May 31st in the downtown.
  • Eddie Cochran Weekend – June 7, 8, 9 – Downtown Car Show, Car Cruise, and Live Music Saturday night in Fountain Lake Park
  • Farewell party for City Manager Chad Adams, June 4th from 3:30 to 5PM at the Edgewater Bay Pavilion.

Mayor thanked Chad Adams for eight years of service and commented on the positive difference he has made in the community.

CITY MANAGER REPORT
Adams thanked the council and community for the opportunity to serve Albert Lea for eight years. He commented that one of his greatest celebratory moments was hosting the the Governor’s Fishing Opener this year. It was a testament to the resiliency the community has and the partnerships proving success now and in the future. He also commended staff for continuing to advance the City’s mission and value statements every day. He also thanked many colleagues for their mentorship and commitment to the community.

APPROVAL OF CLAIMS
Resolution 19-090 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 #71682 through #71821 in the amount of $1,175,578.23. 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 Resolution 19-090 Included with these minutes)

ADJOURNMENT: 7:55 PM

Motion made by Councilor Murray, seconded by Councilor Rasmussen. 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, June 10, 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