March 14, 2022 | City of Albert Lea

REGULAR MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
March 14, 2022 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 Ian Rigg, Public Works Director Steven Jahnke, City Attorney Kelly Martinez, and City Clerk Daphney Maras.

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS – None

PUBLIC FORUM – No One Spoke.

Mayor Rasmussen read through each item on the Consent and Approval Agenda.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes of The February 28, 2022 Regular Council Meeting
B. Approve Minutes of The February 28, 2022 Work Session
C. Approve Minutes of The March 5, 2022 Special Council Meeting
D. License & Permits
E. Resolution Establishing Ward 1 Precinct and Polling Place
F. Resolution Establishing Ward 2 Precinct and Polling Place
G. Resolution Re-Establishing Ward 3 Precinct and Polling Place
H. Resolution Re-Establishing Ward 4 Precinct and Polling Place
I. Resolution Re-Establishing Ward 5 Precinct and Polling Place
J. Resolution Re-Establishing Ward 6 Precinct and Polling Place
K. Resolution Re-Establishing Polling Places for 2022
L. Resolution Acknowledging State Approval of Annexation for Albert Lea Township (W. 9th Street and Trails)

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

(See Secretary’s Original Resolution 22-047 through 22-054
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Ordinance 22-070 Amending Zoning & Land Use Map_Property Annexed from AL Twp. – W. 9th St. and Trails (2nd Reading)

City Manager Rigg stated the first reading of this ordinance was held at the council meeting on January 24th. This ordinance is an approval to amend the official zoning and land use map for the City of Albert Lea. Included are parcels 1-3 (residential properties near Wedgewood Cove) which will be zoned R-1 Single Family Residence District and parcel 4 (Trails) which will be zoned B-2 Community Business District.

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 Ordinance 22-070
Included with these minutes)

NEW BUSINESS
A. Public Hearing Ordering Improvement and Preparation of Plans for 209th Street and Happy Trails Lane (Job 2103)

Rigg said a public hearing is being held for public input on the 209th Street Paving & Happy Trails Lane Overlay Project, City Job No. 2103. The proposed project involves the work as described below in Resolution 22-055.

Mayor Rasmussen opened the public hearing.

Rocky Trail spoke regarding the proposed assessments and inquired if property appraisals have been completed.

Mayor Rasmussen called two more times. No one spoke. He closed the public hearing.

A1. Resolution 22-055 Approving Ordering Improvement and Preparation of Plans for 209th Street and Happy Trails Lane (Job 2103)

Happy Trails Lane Mill & Overlay and Curb & Gutter Replacement
This portion of the project involves the bituminous overlay of Happy Trails Lane from E. Main Street to the south end. The project will involve milling the existing bituminous street surfacing for a 6-foot width along each concrete gutter line so the new bituminous layer will match with the level of the concrete gutter. A 2-inch thick layer of bituminous will be laid over the entire width of the street. The project would also involve replacing sections of curb & gutter that have settled and are causing drainage issues. Happy Trails Lane was constructed in 1997 and has not yet been overlaid.

Bituminous Surface Installation – 209th Street
The existing surface on 209th Street is gravel. Proposed with this project is to install a 24-ft wide bituminous surface the entire length of the street from 777th Avenue to CSAH 38. As part of a separate project East Main Street will have a shared user trail installed along with storm sewer and drainage improvements in the ditch along the north side of 209th Street. This work will need to be coordinated with the 209th Street project.

Assessments
There are 8 total properties to be assessed as part of this project, 4 along Happy Trails Lane and 4 along 209th Street. The proposed assessment rate for Happy Trails Lane is $33.96/foot and $102.22/foot for 209th Street.
Following the Assessment Policy, the assessments will be over 15 years. The interest rate will be based on bonding in 2022. The estimated project cost is $397,778.68 and would be paid for with assessments and general obligation bonding money. The neighborhood meeting was held on March 8, 2022.

(See Secretary’s Original Resolution 22-055
Included with these minutes)

B. Resolution 22-056 Accepting Plans and Specifications and Ordering of Bids for Pillsbury Avenue and Freeborn Avenue Reconstruction Project (Job 2201)

Rigg explained on February 28, 2022 a Public Improvement Hearing for the Pillsbury Avenue & Freeborn Avenue Reconstruction Project was held and the project was authorized to proceed.

The proposed project calls for the complete reconstruction of portions of Pillsbury Avenue and Freeborn Avenue (approximately 1,799 total feet). Proposed work will include complete removal and replacement of the pavement, curb & gutter, sidewalk, sanitary sewer, storm sewer, and watermain. The existing concrete and bituminous pavements will be removed and replaced with a bituminous surface. The streets are:

• Pillsbury Avenue – Johnson Street to Sheridan Street
• Freeborn Avenue – Ramsey Street to Sheridan Street

The estimated project cost is $1,941,785.35 and would be paid for with assessments, sanitary sewer funds, water funds, and City funds.

The plans and specifications have been completed and have been presented to the Council for approval and authorization of bidding.
Staff recommends approving the plans and specifications, and authorization of bidding the project.

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 22-056
Included with these minutes)

C. Public Hearing Regarding the Broadway Ridge Grant Program

Mayor Rasmussen opened the public hearing as required to approve the amendments to the Broadway Ridge Grant Program. He called three times. No one spoke. He closed the public hearing.

C1. Resolution 22-057 Adopting the Broadway Ridge Grant Program

The changes to the grant program are meant to accomplish a number of goals. First and foremost, like with the original grant it is to preserve the unique and historical façade and architecture of the downtown. Second, it is to further assist in what are becoming more costly restorations while remaining true to the grant’s intent of paying for exterior preservation. Last it is to simplify the process.

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 Original Resolution 22-057
Included with these minutes)

D. Resolution 22-058 Adopting Purchasing Policy

The City Manager and Finance Director are recommending the approval of this purchasing policy to clarify approval levels of the Council, City Manager and City Department Directors, formalize the current policy of presenting claims over $25,000 at Council meetings and formalize the requirements to follow Minnesota State Statutes for purchases. This Policy will give department directors clear guidelines to follow for approval once the budget and Capital Improvement Plan are approved.

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 22-058
Included with these minutes)

E. Resolution 22-059 Amending Travel Policy

The amendment to the Travel policy in September 2021 did not fully achieve intended outcomes. These amendments are meant to meet all legal requirements and management goals of providing staff opportunity to attend trainings and meetings. The sections changed are highlighted in the attached policy.

Motion made by Councilor Howland, 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 22-059
Included with these minutes)

F. Resolution 22-060 in Support of ALPD CIP – POL-E-BWC (Purchase of Body Worn Cameras)

Rigg said $30,000 was originally budgeted for this item. The actual price is now $56,325 (more than 20% Increase) primarily due to WatchGuard being taken over by Motorola, and inflation within the past year. Additionally, future planning supports a 3-year replacement cycle rather than the current 2-year replacement cycle.

Motion made by Councilor Baker, 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 22-060
Included with these minutes)

G. Resolution 22-061 Approving Bird Scooter Agreement

In April 2021 the City approved a Memorandum of Understanding with Bird Scooters. This agreement better defines the MOU and extends the terms

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 22-061
Included with these minutes)

MAYOR AND COUNCIL REPORTS
First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended an ALEDA Board meeting a week ago and reports they continue to work on several projects. He and ALEDA Director Phillip Johnson visited three more local businesses to thank them and ask how ALEDA and/or the City could help them. Also attended the Degenerative Poultry Convergence Regenerative Ag conference at Wedgewood Cove and provided an update.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee – Attended an HPC meeting where they received a report regarding 324 and 332 Broadway Ave. explaining why the buildings need to be torn down. A Certificate of Appropriateness was granted to 242 and 244 S. Broadway Ave. Attended the CGM conference with the Mayor where they spoke with legislators. Extended condolences to the family of LaVerne Rasmussen.

Third Ward, Councilor Howland reported:
• Ward Item – Spoke with a resident regarding a hazardous property. Howland thanked the City Manager and staff for responding to the resident’s concerns.
• Committee – None

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 – Responded to some questions regarding the E. Main St. project.
• Committee Update – None

MAYOR’S REPORT
• Attended an ALEDA meeting and spoke of the exiting news to come
• Attended the Coalition of Greater MN Cities (CGM) at the State Capital and spoke of lobbying efforts and the joint mission of Cities in Minnesota
• Said Council recently completed the City Manager’s job evaluation and reports the outcome is positive and the City Manager is currently meeting or exceeding expectations.
• The Comp Plan Steering committee will be meeting March 29th at 5:30 pm in the Council Chambers
• Congratulated the High School athletes that made it to the State Championship namely Councilor Olson’s son who won the State wrestling championship
• Announced he will not be running for Mayor this election season and encouraged others to get involved.

CITY MANAGER REPORT
• Attended the Regenerative Ag conference at Wedgewood Cove and reported it was interesting and forward thinking. He thanked Phillip Johnson for inviting the conference planner to hold this meeting in Albert Lea.
• Budget surplus at the State level continues to be discussed.
• Reports an offer has been made to an individual for the Administrative Assistant/Deputy Clerk position
• Notified the public that a recent mailer that was sent out to local residents regarding a utility water/sewer program is NOT from the City of Albert Lea. He said the City of Albert Lea is working on the literature and plan to send it out in the next few weeks.
• He responded to Brooks’ question regarding what source of funding might be used to demo the two buildings on the 300 block. He reiterated the buildings are structurally too far gone and must be demolished.
• Attended the Chamber of Commerce Local Government meeting

APPROVAL OF CLAIMS

A. Resolution 22-062 Approving Claims
(1). Presentation of Claims Over $25,000

The attached resolution directs the Mayor and City Treasurer to issue the payment of claims as presented in the Detail of Claims report.

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, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-062
Included with these minutes)

CLOSED MEETING
Mayor Rasmussen requested a motion to move into closed session. He explained, in accordance with Section 3.01 of the Charter of the City of Albert Lea and with Minnesota Statute 13D.05, subd.2(b) a Closed Meeting is being held for the purpose of preliminary consideration of allegations or charges against an individual subject to council authority. This notice is served as a requirement of Minnesota Statute 13D.04 Subd.5.

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

At 8:42 p.m. Mayor Rasmussen requested a motion to move out of closed session.

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

Mayor Rasmussen stated no action is being taken at this time.

ADJOURNMENT – 8:43 P.M.

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, March 28, 2022. 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