April 25, 2016

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, April 25, 2016, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors John Schulte V, Larry Baker, George Marin, Reid Olson, Larry Anderson and Al Brooks. Also present were City Manager Chad Adams, Assistant City Manager Jerry Gabrielatos, City Attorney Lee Bjorndal and City Engineer Steven Jahnke.
ABSENT: City Clerk Shirley Slater-Schulte

CEREMONIAL ITEMS

A. Mayoral Proclamation Declaring React Month

Mayor Rasmussen read a proclamation honoring REACT (Radio Emergency Association Communication Teams).

PUBLIC FORUM

Wanda Wangsness, 1020 Abbott Street, read a statement supporting the proposed extension of the local option sales tax (hereinafter “sales tax”) that will fund the Shell Rock River Watershed District (hereinafter the “Watershed”). She resides near Dane Bay and would like to see the body of water dredged. She also provided the Council with photos of the area.

Mayor Rasmussen encouraged Wanda to attend Watershed meetings. Marin asked her about the status of dredging the bay as she did not know whether the project will be completed.

Gary Hagen, 501 Albert Lea Street, spoke about the sales tax. He stated that the issue should be put on the November 2016 election ballot, supports its passage and believes the sales tax is the best funding mechanism to support the Watershed. He suggested two reasons: sales taxes are paid by people who travel to the area to use the lakes and the sales tax is a preferred alternative to increasing property taxes.

He also expressed concern about the future of the Parks and Recreation Department. Adams answered, stating that a presentation of options for staffing will be provided to the Council at the next work session.

Brett Behnke, District Administrator of the Watershed offered to answer any questions the Council had. Councilor Marin advised Behnke to meet with Wanda Wangsness to discuss clean-up of Dane Bay. Councilor Baker asked for more clarification about Dane Bay. Behnke said it is undetermined when and how dredging of the bay will occur.

Councilor Marin asked Behnke if the Watershed would need to approach the City for additional money for bonding. Behnke responded that the Watershed does not have plans to do so now and has no intention of approaching the City for bonding.

Harold Kamrath, 326 Glenn Road, asked how much the organizations moving into 314 S. Broadway, a building recently acquired by the City, are paying for rent. Adams answered that the leases have yet to be finalized, but estimated the total amount for the three organizations is $1,500. Kamrath had reservations that the city could be perceived as competing with the private real estate sector.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The April 11, 2016 Regular Council Meeting
B. Approve Minutes Of The April 7, 2016 Work Session
C. Licenses & Permits (See attached list.)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Resolution Authorizing Agreement With Grizzlies Football Incorporation For 2016
F. Resolution Authorizing Albert Lea Regional Airport Crew Car Agreement
G. Resolution Authorizing Agreement For 21950 733rd Avenue
H. Resolution Supporting Bent Tree Trail
I. Resolution Supporting Broadband Grant Program
J. Resolution Supporting Riverland Projects
K. Resolution Abating Assessments On 316 Railroad Avenue
L. Resolution Abating Assessments On 114 Charlotte Avenue
M. Resolution Approving Amendment #1 To Business Subsidy Agreement Between City Of Albert Lea And Bridon Cordage, LLC

Councilor Marin requested that Item I be removed for further clarification.
MOTION: Move to approve the consent agenda with removal of Item I.

Motion made by Councilor Marin, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Councilor Schulte voted no. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-75-16-84
included with these minutes)

UNFINISHED BUSINESS

RESOLUTION 16-85 SUPPORTING LOCAL OPTION SALES TAX RENEWAL
Marin requested to view the draft term sheet, a side agreement with the Watershed. City Manager Adams then read it and provided background information. Marin thanked everyone for participating in the discourse about the sales tax renewal.

Brooks stated his intent in the renewal of the tax was cooperation. Rasmussen said that the Council is in full support of the sales tax, and sought more cooperation between the Watershed and the City. He reminded Council that projects the Watershed will undertake are all listed in its 10-year plan.

Marin asked to see the resolution, which Adams read. He then asked if the language in the agreement would be perpetual or reviewed annually. Rasmussen said that the agreement could not be perpetual.

Motion made by Councilor Schulte V, seconded by Councilor Marin. On roll call vote, the following councilors voted in favor of said motion: Schulte V, Baker, Marin, Olson, Anderson, and Mayor Rasmussen. Councilor Brooks voted no. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-85
included with these minutes)

AMENDED RESOLUTION 16-86 ACCEPTING AND AWARDING BID FOR FIRE EXTINGUISHER SERVICES
City Manager Adams explained that at the meeting of April 11, 2016, Council passed a resolution accepting and awarding a bid for fire extinguisher services. The language in the resolution did not accurately state the term of the agreement, stating it was for 2016 and 2017 only. The actual agreement will be for May 1, 2016 to April 30, 2018.

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

(See Secretary’s Original Resolution 16-86
included with these minutes)

APPROVAL OF DOG PARK PROJECT IN BROOKSIDE PARK
Adams provided background. Councilor Marin inquired if the donation of the money for the park has been donated to the City. Adams stated that the City received a check for $10,000 and the remaining money will be donated at the next Council meeting. He thanked the Schulz’s for their work. Mayor Rasmussen did as well.

APPROVAL OF POLLINATOR PARK IN EDGEWATER PARK
Adams explained that at the Parks Board meeting in April, members reviewed and approved a request to create a pollinator park to be located near Edgewater Pavilion. Carol Lang of Save the Monarchs of Freeborn County thanked Council and stated that the group has been awarded a grant by Pheasants Forever.
Councilor Anderson asked if a member of the group will be at the Farmer’s Market. Lang replied in the affirmative, adding that members of the group will be at Wind Down Wednesday events and the Freeborn County Fair.
NEW BUSINESS

Councilor Marin requested clarification about a letter that the City would send to legislators supporting a broadband grant. He asked questions about the timing of the letter, the implications beyond the City of Albert Lea and if it would affect the city itself, how the program would affect competition between Internet providers and wanted to know if a franchise fee would be added. Adams provided background on the matter, stating that the resolution is purposefully vague, advocating amendments with the intent of expansion of the program to more small cities. He articulated that the resolution indicates that the city is supportive of the program as a whole and timing was not of the essence. He added that the program, in its current state, would not affect Internet availability or speed in Albert Lea.

Mayor Rasmussen explained that one of the problems with the grant program is that smaller towns within counties are receiving access to broadband, but the larger towns, where many of the businesses are located, are not, creating a “doughnut effect.” Mayor Rasmussen added that a franchise fee would not be added unless the City’s right-of-way is used. The Mayor also said the City can exercise caution in its support, as some technologies are not adopted for sustained periods of time.

Baker asked if Brian Hensley would be willing to speak on the issue, as he emailed the Mayor and Council about it. Hensley stated that many bills on broadband being debated within the legislature at the moment and expressed concern that broadband may not be widely used in the future. He encouraged the Council to take time to research the matter.
This item was tabled.

ORDINANCE 199,6D AMENDING CHAPTER 66, ARTICLE II, SECTION 66-63 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON PROPERTIES WITHIN THE CITY SERVED BY THE ALBERT LEA WATER SYSTEM (1ST READING)
Adams stated that significantly restricting or banning the use of private water wells for domestic use on properties served by the City water system is necessary to protect the integrity of the water system and provide clean water supplies for the health and welfare needs of the City and its residents. Councilor Marin questioned if the issue was related to safety or if the City was passing the ordinance to mandate more use of the City’s water system. City Engineer Jahnke stated that the goal is to protect the water supply and to ensure that there is not a proliferation of wells.
Motion made by Councilor Baker to approve the first reading of the ordinance, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Schulte V, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Ordinance 199,6d
included with these minutes)

RESOLUTION 16-87 ACCEPTING BID AND AWARDING CONTRACT FOR PARK AVENUE, GRACE STREET, MARINERS LANE AND HARRIET LANE RECONSTRUCTION (JOB 1565)
Adams explained that bids were opened April 19, 2016 for the Park Avenue, Grace Street, Mariners Lane and Harriet Lane Reconstruction Project. This project involves reconstruction of Park Avenue, West Park Avenue, East Park Avenue, Mariners Lane, Harriet Lane, and Grace Street. The project will involve the complete reconstruction including but not limited to roadway, curb, sidewalk, and utilities. One bid was received. Engineering and WSB recommended the low bid of $3,399,641.00 as submitted by Ulland Brothers, Inc. of Albert Lea, Minnesota. The Engineer’s estimate was $2,985,052.40. The primary reason for the bid exceeding the Engineer’s Estimate were bid amounts received for sewer services, water services and pipe bursting. The funding gap between the engineers’ estimates and the actual cost will be filled by funds from water and sewer. Baker asked City Engineer Jahnke if a plan has been devised to accommodate emergency vehicles and if parking would be made available in the Mayo parking lots. Jahnke replied that there is a staging plan and the hospital will always have access and details are being finalized for use of the lots. A preconstruction meeting is planned.
Motion made by Councilor Baker, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Schulte V, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-87
included with these minutes)

RESOLUTION 16-88 ACCEPTING BID AND AWARDING CONTRACT FOR 2016 NEIGHBORHOOD IMPROVEMENT PROJECT (JOB 1601)
Adams explained that this project would include bituminous mill and overlay, miscellaneous curb and gutter, and sidewalk replacement on streets in the east central area of the city. New sidewalk is proposed to be installed along the east side of Frank Avenue from Frank Hall Drive to the Frank Hall Park entrance. A total of one bid was received. Engineering recommended the low bid of $1,059,986.42 as submitted by Ulland Brothers Inc. of Albert Lea, Minnesota. The Engineer’s estimate was $1,245,923.10. Brooks requested that City Manager Adams inform the Council exactly where the work would occur; also asked City Engineer Jahnke if sidewalk would be added along Frank Hall Drive between 5th and 6th streets. Adams listed the streets. Jahnke explained that it was examined, and right-of-way is too narrow to accommodate for a sidewalk.

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

(See Secretary’s Original Resolution 16-88
included with these minutes)

RESOLUTION 16-89 ACCEPTING BID AND AWARDING CONTRACT FOR LAKE CHAPEAU DRIVE CONSTRUCTION PROJECT (JOB 1602)
Adams explained that the resolutions would accept the bid for the Lake Chapeau Drive Construction Project (Job 1602). The proposed project involves the recycling of the bituminous pavement by reclamation, new bituminous pavement, shouldering, and the installation of a centerline culvert for the main entrance road to the City Arena and the Lake Chapeau residential subdivisions. A total of one bid was received. Engineering recommends the low bid of $317,355.75 as submitted by Ulland Brothers Inc. of Albert Lea, Minnesota.

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

(See Secretary’s Original Resolution 16-89
included with these minutes)

RESOLUTION 16-90 ACCEPTING BID AND AWARDING CONTRACT FOR EDGEWATER DRIVE RECONSTRUCTION PROJECT (JOB 1606)

Adams explained that this item would accept the bid for the Edgewater Drive Reconstruction Project (Job 1606). The project involves the bituminous surface reconstruction of portions of Edgewater Drive, the East Edgewater Park Pavilion parking lots, the band shell parking lot, and the shared user trail. A total of one bid was received. Engineering recommends the low bid of $399,891.58 as submitted by Ulland Brothers Inc. of Albert Lea, Minnesota. The Engineer’s estimate was $493,972.56.

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

(See Secretary’s Original Resolution 16-90
included with these minutes)
RESOLUTION 16-91 AUTHORIZING CITY OF ALBERT LEA TO PARTICIPATE IN MINNESOTA GREENSTEP CITIES PROGRAM
Adams noted that the resolution would authorize the City’s voluntary participation in the GreenStep Program. Staff will work towards implementing GreenStep best practices with the goal of reducing energy use and the greenhouse gas footprint, which should also result in economic savings and quality of life improvement. Baker asked if the Assistant City Manager would provide updates to the Council. Gabrielatos responded that he would inform the Council with progress reports every six months.

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

(See Secretary’s Original Resolution 16-91
included with these minutes)

RESOLUTION 16-92 APPROVING AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF ALBERT LEA AND COHEN-ESREY AFFORDABLE PARTNERS, LLC
Adams explained that the City of Albert Lea and Cohen-Esrey Affordable Partners, LLC wish to enter into Amendments to last years’ Development Agreement and real estate Purchase Agreement to redevelop the Jacobson and Freeborn Bank buildings. Cohen-Esrey plans to pay $400,000 for the buildings contingent upon being awarded Housing Tax Credits. The upper floors will be converted to 24 affordable housing units comprised of studio, one and two bedroom floor plans. It is hoped the existing tenant in the Jacobson Building will remain and the Art Center will move into the ground floor of the bank, acting as a booking agent for community events in that space. The property will be developed as a mixed use development with residential units and first floor rentals. The resolution authorizes the Mayor and City Manager to enter into the Amended Agreements with Cohen-Esrey Affordable Partners, LLC.

Councilor Anderson thanked Brian Sweeny with Cohen-Esrey for attending. Councilor Marin asked if the City had any authority about what entities go into the first floor of the Freeborn Bank and Jacobson Buildings. Adams said the City requested the first floor of the Bank Building be retained for public access, but the developer would decide who the tenants will be.
Motion made by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Schulte, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 16-92
included with these minutes)
RESOLUTION 16-93 AUTHORIZING AGREEMENT WITH HOUSTON COUNTY REGARDING FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT NON-PRIMARY ENTITLEMENT FUNDS FOR ALBERT LEA MUNICIPAL AIRPORT
Adams explained that the City of Albert Lea is proposing to construct a new arrival and departure building at the Albert Lea Municipal Airport. The City receives $150,000 per year in FAA entitlement funds for use on construction projects. This funding can be carried over for a three year period. This leaves the City short of federal funding for this project. In order to maximize federal funding and reduce City funds, the City is requesting Houston County’s 2016 entitlement funds, to be paid back prior to December 31, 2019 with future City funds. Houston County currently does not have a 2016 Federal project. The Agreement provides the terms of the funding transfer.

Councilor Anderson informed Council that when the MnDOT Aeronautics Director visited Albert Lea, she instructed that this is how funding usually works. Schulte clarified that should the City have to repay, it would be done so with money from the City’s FAA funds.

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

(See Secretary’s Original Resolution 16-93
included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Schulte V.:

Noted that the City received only one bid for its project, and informed the public that City is working to increase competition for construction projects. It is ideal to receive three bids.
• Ward Items – None
• Committee Updates – None

Second Ward, Councilor Baker:
• Ward Items – None
• Committee Updates – Baker relayed items from the Historic Preservation Commission meeting including approval of signs for a bike shop and Home Federal Savings Bank; representatives from the building at 242 S. Broadway applied for a Broadway Ridge grant; discussion was held about a digital marquee sign at the Marion Ross Performing Arts Center.

Third Ward, Councilor Marin:
• Ward Items – Requested police patrol on Sunset Street extension between 5 and 6:30 p.m., and for the City to remain vigilant permitting semi-trucks in residential areas. He requested the City Attorney comment on the latter. City Attorney Bjorndal recollected that, generally, semis are not permitted, unless people are loading and unloading, but requested more specifics. Also reminded the public that the Watershed is accepting applications for the Board of Managers.
• Committee Updates – None

Fourth Ward, Councilor Olson:
• Ward Items – None
• Committee Updates – Edgewater Bay Pavilion, community boat docks, and pollinator parks were discussed at the Park Board meeting.

Fifth Ward, Councilor Anderson:
• Ward Items – He looks forward to completion of punch list for job 1550 that began in 2015.
• Committee Updates – Thanked Jahnke and staff for support of the Airport Board.

Sixth Ward, Councilor Brooks:
• Ward Items – None
• Committee Updates – Attended a meeting of the Convention and Visitors Bureau. Two grants applied for and awarded; one for the Fair Board and another for an organized running event.
• Brooks noted that he also participated in a clothing drive for veterans at the Fairgrounds; appreciates that an editorial in the Albert Lea Tribune gave the event a “thumbs up” in its editorial section.

Mayor Rasmussen had no updates.

CITY MANAGER REPORT
Adams attended the Thorne Crest grand opening for the expansion; also participated in a diversity and inclusion training.
APPROVAL OF CLAIMS

RESOLUTION 16-94 APPROVING CONTRACT WITH COUNCILMEMBER AL. D. BROOKS

The resolution directs the Mayor and City Clerk to make payment in the amount of $187.00 on behalf of the City for a claim from Brooks Safety Equipment and to issue payment for filing affidavit of official interest, by the interested official, Councilor Brooks.

Motion to approve made by Councilor Schulte V, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilors Schulte, Baker, Marin, Olson, Anderson and Mayor Rasmussen. Councilor Brook abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-94
included with these minutes)

RESOLUTION 16-95 APPROVING CLAIMS

Adams explained that resolution directs the Mayor and Clerk to issue the payment of claims as presented in the Detail of Claims report.

Motion made by Councilor Brooks, to approve payment of claims as presented for checks #59698 through #59841 in the amount of $658,182.31; seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilors Schulte, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-95
included with these minutes)

Adams presented claims over $25,000. Marin had questions about the City’s computer replacement and software.

CLOSED SESSION: ACQUISITION OF PROPERTY
• 1016 Madison Avenue
Upon re-entering open session, Mayor Rasmussen stated that Staff has been provided with direction pertaining to 1016 Madison Avenue.

ADJOURNMENT 8:32 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, May 9, 2016. 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/_____________________________
Jerry Gabrielatos
Council Secretary Pro Tem