REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, October 28, 2019, 7:00 P.M.

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

CEREMONIAL ITEMS
Oath of Office – Joshua Knudtson, ALPD

PUBLIC FORUM
Glen Parson spoke about the fundraising efforts for a bronze statue of Marion Ross to be displayed at the theater. He said there are currently three artists interested in designing and creating this statue. The cost of the statue is estimated to be around $125,000. The group would like the statue situated right outside the front door of the Marion Ross Center. Parson requests council support after receiving the Park & Recreation board approval.

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

A. Approve Minutes Of The October 14, 2019 Regular Council Meeting
B. Approve Minutes Of The October 14, 2019 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Calling A Public Hearing on Proposed Assessments for the NW Sewer and Water Extension Improvements – Stables Area Project Including Country Club Road ( Job 1702)
E. Resolution Calling a Public Hearing on Proposed Assessments for the NW Sewer and Water Extension Improvement – Stables Area Service Hookups (Job 1702)
F. Resolution Accepting Grant Award From Census 2020 CCC Fund of the Minneapolis Foundation
G. Resolution Approving A Lot Combination Through Certificate of Survey
H. Reschedule November 11, 2019 Regular Council Meeting To November 12, 2019 At 7:00 PM

Mayor Rasmussen mentioned the Public Hearing to take place under new business, approving Ordinance 227,13d. This hearing was inadvertently omitted from the original agenda.

Motion made by Councilor Howland to approve the consent agenda with the addition of the public hearing added to 7A Ordinance 227,13d, 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 Resolution 19-156 through 19-159
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Public Hearing and Ordinance 227,13d Amending Chapter 62, Article III, Sec 62-88 Off-Street Parking And Loading (2nd reading)

This is the second reading of the ordinance explaining that outside parking areas for recreational vehicles in the side or rear yard are not required to be paved. Example: If a recreational conveyance, such as a boat or camper, is parked to the side of or behind the dwelling, pavement would not be required.

Mayor Rasmussen opened the Public Hearing. He called three times. No one spoke. Mayor Rasmussen closed the public hearing.

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 Second Reading of Ordinance 227,13d
Included with these minutes)

A2. Resolution 19-160 Permitting Publication of Summary Ordinance for an Ordinance Amending Chapter 62, Article III, Sec 62-88 Off-Street Parking and Loading – Ordinance 227,13d

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 Brooks, 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 19-160
Included with these minutes)

B. Ordinance 227,14d Amending Chapter 74, Article I, Sec 74-2 Definitions (2nd reading)

This is the second reading of an ordinance that will allow the Zoning Official to use his discretion when determining the “front” yard for corner lots. This will be especially helpful when two lot lines have equal distance of right-of-way. Once the front yard is determined and recorded as such with City Hall, this determination will apply to all future permits/applications

Motion made by Councilor Baker, 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 Second Reading of Ordinance 227,14d
Included with these minutes)

B2. Resolution 19-161 Permitting Publication of Summary Ordinance for an Ordinance Amending Chapter 74, Article I, Sec 74-2 Definitions – Ordinance 227,14d

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, 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 19-161
Included with these minutes)

C. Ordinance 227,15d Amending Chapter 74, Article 1, Sec 74-18 Accessory Buildings, Fences And Site Appurtenances (2nd reading)

This is the second reading of an ordinance that removes the “no matter what” setback of 60’ for accessory structures. Accessory structures will not be allowed closer to the front lot line than the principal structure and will also not be allowed any closer to the front lot line than 25’.

• Example 1: If a principal structure is setback 23’ from the front lot line, the accessory structure will have to be setback 25’.
• Example 2: If a principal structure is setback 65’ the maximum required setback will be 60’.

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 Second Reading of Ordinance 227,15d
Included with these minutes)

C2. Resolution 19-162 Permitting Publication of Summary Ordinance for an Ordinance Amending Chapter 74, Article 1, Sec 74-18 Accessory Buildings, Fences and Site Appurtenances – Ordinance 227,15d

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 Howland, 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 19-162
Included with these minutes)

D. Ordinance 227,16d Amending Chapter 74, Article III, Sec 74-256 Off-Street Parking And Loading (2nd reading)

This is the second reading of both Sec. 74-256 and Sec. 74-296, which better explain the width of driveways and flares. In addition, they address whether or not a driveway will be required for an accessory structure.

Motion made by Councilor Baker, 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 Second Reading of Ordinance 227,16d
Included with these minutes)

D2. Resolution 19-163 Permitting Publication Of Summary Ordinance For An Ordinance Amending Chapter 74, Article III, Sec 74-256 Off-Street Parking And Loading

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 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 Resolution 19-163
Included with these minutes)

E. Ordinance 227,17d Amending Chapter 74, Article III, Division 3, Sec 74-296 Off-Street Parking And Loading (2nd reading)

As noted in the previous ordinance, it will better explain the width of driveways and flares, as well as addresses whether or not a driveway will be required for an accessory structure.

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 Second Reading of Ordinance 227,17d
Included with these minutes)

E2. Resolution 19-164 Permitting Publication Of Summary Ordinance for an Ordinance Amending Chapter 74, Article III, Division 3, Sec 74-296 Off-Street Parking and Loading – Ordinance 227,17d

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 Brooks, 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 19-164
Included with these minutes)

F. Ordinance 227,18d Amending Chapter 74, Article V, Sec. 74-1046 – Access (2nd reading)

This is the second reading of an Ordinance that will better define a driveway within the R-1 and R-2 districts. Additionally, the graphics are planned to be inserted into the actual ordinances to better illustrate the intent of each. However, where there is confusion, the text will ultimately govern.

Motion made by Councilor Baker, 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 Second Reading of Ordinance 227,18d
Included with these minutes)

F2. Resolution 19-165 Permitting Publication of Summary Ordinance for an Ordinance Amending Chapter 74, Article V, Sec. 74-1046 – Access – Ordinance 227,18d

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 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 Resolution 19-165
Included with these minutes)

NEW BUSINESS

A. Resolution 19-166 and Public Hearing Approving Tax Abatement For Certain Property Pursuant To MINN STAT. 469.1813

A Public Hearing is being held to consider abatement of property taxes levied by the City on the following property identified as tax parcel numbers:
Address Parcel Number
1703 Hale Drive 34-235-0610
Council adopted the Tax Abatement Policy to provide incentives to encourage construction of new owner occupied and rental residential housing units within the City. Persons constructing a single family home, duplex, or multi-family complex that file an application and obtain formal approval from the appropriate local jurisdictions between January 1, 2017 and December 31, 2021 shall be eligible to receive 100% tax abatement of the City’s share of the increased real estate taxes resulting from the newly constructed housing unit for a period of five (5) years. Staff recommends approval to grant tax abatement.
Mayor Rasmussen opened the public hearing. He called three times. No one spoke. Mayor Rasmussen closed the public hearing.
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 19-166
Included with these minutes)

B. Resolution 19-167 and Public Hearing Adopting Assessments For the Clausen Avenue, High Street, Sheridan Street, Giles Place And Alley Reconstruction Project (Job 1901)

The attached resolution would adopt the final assessments on October 28, 2019 for City Job No. 1901, the Clausen Avenue, High Street, Sheridan Street, Giles Place & Alley Reconstruction Project. A 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 (approximately 5,071 feet) was completed. The work involved complete removal and replacement of the pavement, curb and gutter, sidewalk, sanitary sewer, storm sewer and watermain. The existing concrete and bituminous pavements were removed and replaced with a bituminous surface. The streets included:

Clausen Avenue – Johnson Street to Hawthorne Street
High Street – North Shore Avenue to Valley Avenue
Sheridan Street – North Shore Avenue to Valley Avenue
Giles Place – Lakewood Avenue to Valley Avenue

The alley west of Clausen Avenue – Johnson Street to High Street was proposed in the feasibility report but not moved forward after discussions with residents. All existing sidewalks were reconstructed in the same location and configured as the existing walks. A new sidewalk was installed on the south side of Giles Place between Lakewood Avenue and Clausen Avenue where none currently exists. The watermain in the north-south portion of the alley between Johnson Street and High Street west of Clausen Avenue was replaced. A raingarden was installed on Giles Place and Sheridan Street as part of this project. Because the storm sewer and surface improvements were higher than the original estimate, the assessment rates will stay the same as the preliminary assessments. Following the Assessment Policy, the assessments will be over 10 years at 3.81%.
Mayor Rasmussen reminded the audience that if anyone wishes to appeal their assessment, it must be done so in writing this evening before the council meeting closes.
Mayor Rasmussen opened the public hearing.
Gary Jacobsen commended the construction company. He said the residents were always informed as to when cars needed to be removed as well as when their cars could go back in place. He also asked for clarification to the process of paying his assessment before interest begins accruing. Mayor Rasmussen deferred to Jahnke who detailed the process.
Esmeralda Hernandez spoke of her assessment. She stated they recently purchased the home on Clausen Ave. and did not receive notice of the street assessments. City attorney Martinez advised her to write an appeal and submit it to the City Clerk tonight.
Mayor Rasmussen called a second and final third time. No else spoke. Mayor Rasmussen closed the public hearing.
Motion made by Councilor Olson, 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 19-167
Included with these minutes)

C. Resolution 19-168 and Public Hearing Adopting Assessments for the Newton Avenue Reconstruction & Concrete Rehabilitation Project (Job 1902)

The attached resolution would adopt the final assessments on October 28, 2019 for City Job No. 1902, the Newton Avenue Reconstruction & Concrete Rehabilitation Project. This project involved the removal of existing pavement, repairs to the existing utility infrastructure, replacement of 1,188 feet of storm drainage improvements, sidewalk replacement, 1,087 feet of watermain replacement, sanitary sewer sliplining 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 underwent Concrete Pavement Rehabilitation (CPR). This process involved replacing panels of damaged or settled concrete pavement and curb and gutter. Miscellaneous damaged or settled sidewalk were also replaced in this section.

The feasibility report included work from Pearl Street to the railroad crossing. It was determined that this portion would be reconfigured in the future to include a stormwater pond and it was removed from the project. The rest of the reconstruction portion from the railroad crossing to 2nd Street was a 44 ft. wide roadway with parallel parking on both sides. This section was also narrowed to 40 feet. A raingarden is being added on the eastern boulevard north of Front Street. The actual bid prices were higher than what was used in the feasibility report. Due to this the final assessments will remain the same as the preliminary assessments. Following the Assessment Policy, the assessments will be over 10 years at 3.81%.

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

Mayor Rasmussen once again reminded the audience that if anyone wishes to appeal an assessment, it must be done in writing and given to the City Clerk prior to the end of this meeting.

Brooks asked Jahnke for an update on this project. Jahnke said the sidewalk was finished today and the project is expected to be completed by the end of the week.

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 19-168
Included with these minutes)

D. Resolution 19-169 and Public Hearing Levying Special Assessments For Miscellaneous Delinquent Water/Sewer Accounts And Miscellaneous Delinquent Accounts Receivable

A public hearing is being held to receive input on adopting the final assessments for delinquent water/sewer accounts and miscellaneous delinquent accounts receivable per the Code of Ordinances. These assessments are payable with terms of one year at 3.81% interest.
Baker commented an email he received from a resident and has forwarded this letter to the City Clerk.
Mayor Rasmussen opened the public hearing. He called three times. No one spoke. Mayor Rasmussen closed the hearing.
Motion made by Councilor Howland, 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 Resolution 19-169
Included with these minutes)

E. Resolution 19-170 Allowing First Amendment to Agreement for Loan of City of Albert Lea Economic Development Fund and Minnesota Investment Fund Programs with Sobro Properties, LLC

The City entered into Economic Development Fund Program and Minnesota Investment Fund Program loans with Sobro Properties, LLC (“Sobro”) on November 13, 2018. Sobro wishes to amend the Agreement to defer the principal payments on the permanent loan terms for an additional two (2) years with existing terms continuing. The deferment would assist Sobro in its job creation and retention goals, which would bring ten (10) additional jobs to the community.

Two representatives were present to answer council questions. Baker asked for an update on the progress. Co-owner Steve Pulley reported that projections are a little behind which is what prompted this request for an extension on the loan.

Howland asked what the staff size is. Pulley provided numbers stated they currently have 22 full time employees plus the three owners. For clarification Pulley stated they are looking at adding six more jobs of the ten jobs to meet the job creation fund terms.

Councilor Murray stated he will abstain from voting due to his family involvement with one of the owners.

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

See Secretary’s Original Resolution 19-170
Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported:
• Ward Items – Working with City staff on ward items.
• Committee Update – None

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended a Heritage Preservation meeting last week where tuck pointing was approved for a building at 218 Main St… He also spoke about the downtown and rehabilitation projects that have transpired.

Third Ward, Councilor Howland reported;
• Ward Items – None
• Committee Update – Attended a Park & Recreation board meeting last week. Wished the community a happy and safe Halloween.

Fourth Ward, Councilor Olson reported:
• Ward Items – None. He commented that not receiving any calls regarding the street projects is a positive measure of how well the contractors performed.
• Committee Update – None

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on Ward items with staff.
• Committee Update – Attended an Airport Board meeting where they met Mead & Hunt who are working on a timeline to develop the master plan for airport and facilities.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Received calls regarding the alley between E. 8th and 9th Street between Todd Avenue and Frank Hall Drive. Residents request grooming of the alley before winter.
• Committee Update – None

MAYOR’S REPORT:
• Bonding Committee was recently in Albert Lea reviewing the projects in need in the community
• Attended a meeting regarding Climate Change in our community. More information to follow. He mentioned the community members are welcome to call if they are interested in serving on a Climate Change committee as they are formed.
• Halloween Spooktacular downtown
• November 7th at the Moose Club is a fundraising event for the downtown lighting project. November 11th council meeting moved to November 12th due to the Veterans holiday.

CITY MANAGER REPORT
Todd mentioned he has been working with Finance Director Kristi Brutlag and staff to detail every line item in an effort to maintain the Levy. Also working with the County on agreements. He has been touring the City and meeting as many people as possible.

APPROVAL OF CLAIMS

A. RESOLUTION 19-171 APPROVING CLAIMS

David Todd 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, 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 #73205 through #73378 in the amount of $1,787,186.87. 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 19-171)

ADJOURNMENT: 7: 46 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, November 12, 2019. 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