February 27, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, February 27, 2017, 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 Assistant City Manager Jerry Gabrielatos, City Engineer Steven Jahnke, City Attorney Lee Bjorndal, and City Clerk Shirley Slater-Schulte.

ABSENT: City Manager Chad Adams

CEREMONIAL ITEMS

APPOINTMENT TO FREEBORN COUNTY FAMILY SERVICES COLLABORATIVE BOARD
Mayor Rasmussen appointed Patty Greibrok to the ‘Freeborn County Family Services Collaborative Board.’

MOTION: Move to appoint approve the appointment as presented.

Motion made by Councilor Murray, 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.

PROCLAMATION DECLARING DOMESTIC VIOLENCE PREVENTION
Mayor Rasmussen read the “Proclamation Declaring Domestic Violence Prevention” and proclaimed the 7th day of March, 2017 as “A Day of Action to End Domestic Violence in the City of Albert Lea.”

PUBLIC FORUM

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The February 13, 2017 Regular Council Meeting
B. Approve Minutes Of The February 9, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution 17-27 Accepting Donations Presented To The City Of Albert Lea
E. Resolution 17-28 Accepting Admission And Proposed Order – Crescendo Dynamic Downtown Dining, LLC
F. Resolution 17-29 Amending Fee Schedule To Add Shoreland Alteration Permit
G. Resolution 17-30 Approving Plans And Specifications And Ordering Advertisement For Bids – Plaza Street Realignment (Job 1361)
H. Resolution 17-31 Accepting Feasibility Report And Calling Public Hearing For March 27, 2017 Regarding Lake Avenue And East College Street Reconstruction Project (Job 1607)
I. Resolution 17-32 Approving Contract With Minnesota Public Employees Association (MNPEA) Representing Police Sergeants

MOTION: Move to approve the consent agenda as presented.

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 17-27-17-32 included with these minutes)

UNFINISHED BUSINESS

ORDINANCE 204,6D AMENDING CHAPTER 6, ARTICLE II, DIVISION 1, SEC. 6-45 – PREMISES LICENSED (2nd reading)

Gabrielatos explained that the first reading of this ordinance was held February 13, 2017. City staff seeks to permit alcohol to be served at events at Hayek Park consistent with City Ordinance 6-45. This required a simple amendment to the Ordinance adding Hayek Park to the list of City facilities where alcohol may be permitted. Hayek Park is approximately 19.1 acres and includes baseball diamonds, play apparatus, a basketball court and restrooms. Alcohol shall not be dispensed to any person attending or participating in a youth athletic event. Staff recommends approval of the final reading.

Mayor Rasmussen informed the public that the reason for the ordinance is to accommodate the Albert Lea Lakers, a baseball team that will be playing at Hayek Field over the upcoming summer.
Motion made by Councilor Olson, 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 Ordinance 204,6d
included with these minutes)

RESOLUTION 17-33 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR ALBERT LEA PUBLIC WORKS GARAGE ADDITION (JOB 1562)

Gabrielatos explained that the proposed project consists of the construction of a 6,375 square foot one story building addition. The building replaces the administrative portion of the City Garage and combines the Streets Department, Utility Department, and Parks Department into one location. The project was identified and priorities as part of the City of Albert Lea Facilities Master Plan. The plans and specifications have been prepared by BKV Group Inc. and are available for review. They will be presented to Council for approval and authorization of bidding. The bid opening would be scheduled for 3:00 pm March 28, 2017. Staff recommends approving the plans and specifications and authorization of the bidding for the project.

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 17-33
included with these minutes)

NEW BUSINESS

PUBLIC HEARING AND RESOLUTION 17-34 ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE 2017 NEIGHBORHOOD IMPROVEMENT, EASE MAIN STREET FRONTAGE ROAD AND LANDFILL ROAD RECONSTRUCTION PROJECT (Job 1701)

Gabrielatos explained that a public hearing is being held for public input on the proposed improvement. The proposed project involves the bituminous overlay, bituminous reclamation, reconstruction, miscellaneous and total curb replacement and miscellaneous sidewalk replacement of various streets. The streets are as follows:

Quisley Street – Hale Drive to Crystal Drive
Keystone Drive – Richway Dr. to Quisley St.
Crystal Drive – Richway Drive to Quisley Street
Allan Drive– Lancaster Lane to Garfield Ave
Lancaster Lane – Eastgate Road to Allan Drive
Portland Avenue–Richway Drive to Allan Dr.
Garfield Avenue – Allan Drive to Richway Drive
Eastgate Road – Bridge Ave to Garfield Ave
Troy Road – Bridge Avenue to Glenview Drive
Glenview Dr. – Troy Road to the south end
Airport Road – Hi Tech Avenue to Bridge Avenue
Hale Drive – Keystone Drive to Quisley St.
Westron Street – Hi Tech Avenue to Bridge Ave
Sykes Street – Hi Tech Ave to Bridge Ave
Hi Tech Avenue – Airport Road to Sykes Street
Landfill Road
East Main Street Service Road north of East Main Street – Fenton Avenue to the west end
East Main Street Service Road north of East Main Street – Morningside Road to Prospect Avenue

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 would be laid over the entire width of the street. The project would also involve replacing sections of curb and gutter that have settled and are causing drainage issues and replacing sections of sidewalk that are settled or damaged and causing tripping hazards.

The bituminous surface on Hale Drive from Keystone Drive to Quisley Street is in poor condition and is too far deteriorated for a mill and overlay to be effective. Engineering is proposing to remove the bituminous surface and aggregate base, replace only miscellaneous settled or damaged curb and gutter and then install a new aggregate base and bituminous surface.

The average age of these streets is 36 years old. Approximately half of the streets have been overlaid in the past. The last overlay was placed in 1993. Typically Engineering has tried to extend the life of the roadways by performing an overlay between year 20 and 30 and every 15 to 20 years thereafter. The goal is to extend the life of the roadway to approximately a 75 year life. This is the estimated life of the underground utilities.

The bituminous surface and curb and gutter on the service road north of East Main Street from Morningside Road to Prospect Avenue are in poor condition and warrant replacement. This roadway was constructed between 1963 and 1973 and has not been overlaid. This project proposes to remove and replace the bituminous surface, aggregate base and curb and gutter.

The access road to the Transfer Station and Demolition Landfill is in poor condition and warrants reconstruction. The road was constructed in 1997 and has not been overlaid. The access road is proposed to be reconstructed using a bituminous reclamation process and is proposed to be paid for using the Solid Waste Fund.

There are 162 properties to be assessed for the overlay portion of this project. The assessments for the mill and overlay work depend on the width of the roadway and range from a low of $15.53 per foot to a high of $29.13 per foot. The proposed assessment rates for the reconstruction of Hale Drive and the East Main Street Service Road are $58.17/ft. and $97.81/ft., respectively.

The City costs are for side yard credits; work in the intersections and for work along City-owned property. The Sanitary Sewer Fund costs are for repairs to manholes that will be completed as part of this project and done prior to placement of the overlay.

Following the Assessment Policy, the assessments will be over 10 years. The interest rate will be based on bonding in 2017. The estimated project cost is $1,429,759.93 and would be paid for with assessments, City funds, sanitary sewer funds, and solid waste funds. A neighborhood meeting was held on February 22, 2017 to discuss the project with affected residents.

Jahnke delivered a PowerPoint presentation about the Neighborhood Improvement Project. He noted that this is the 17th consecutive year that the City has undertaken the endeavor, and that 2.1 miles of roadway will be repaired or reconstructed. He indicated where the construction would take place and briefly explained the background and scope of the sections of the project. Jahnke showed a graph displaying how overlays prolong the life of a road. The presentation also included with a slide showing the costs of the project and comments gathered at the neighborhood meeting. Jahnke provided a response to these concerns with the Council. He concluded the presentation by providing a proposed timeline for construction.

Mayor Rasmussen opened the Public Hearing.

Mayor Rasmussen called three times and no one spoke to this issue.

Mayor Rasmussen closed the Public Hearing.

Murray thanked Jahnke and fellow engineers for their work. He reported that he visited the roads with residents in the area.

Gabrielatos informed Council that the City mailed an insert with the water bill that details the proposed road projects scheduled for this summer.

Howland asked Mayor Rasmussen if a change in the assessment policy would affect this project. Rasmussen responded that it would, so long as the change occurred before the assessment hearing.

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 17-34 included with these minutes)

PUBLIC HEARING AND RESOLUTION 17-35 AUTHORIZING ORDER FOR REMOVAL – 515 PLEASANT AVENUE

Gabrielatos explained that on July 26, 2016, the house at 515 Pleasant Avenue was placarded as unfit for human habitation. The property is unoccupied. The back side of the house has open framing without sheathing and is open to elements. The house is full of bats and birds. The owner has been notified of the hearing and sent letters July 26, 2016, August 17, 2016 (served by Freeborn County Sheriff) and February 1, 2017. Notice of this hearing has been published and mailed. The owner has discussed getting a building permit to secure the house, but as of February 22, 2017, has not done so. Staff recommends the structure be removed.

Mayor Rasmussen opened the Public Hearing.

Mayor Rasmussen called three times and no one spoke to this issue.

Mayor Rasmussen closed the Public Hearing.

Rob Rice, City Building Inspector, fielded questions from Baker. Rice relayed that he has not been inside the building, detailed the conditions of the building and reported that no owner or representative from the building has contacted him.

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 17-35 included with these minutes)

PUBLIC HEARING AND RESOLUTION 17-36 AUTHORIZING ORDER FOR REMOVAL – 714 PILLSBURY AVENUE

Gabrielatos explained that on August 13, 2015, the house at 714 Pillsbury Avenue was placarded as unfit for human habitation. The property is unoccupied. Removal of the structure is recommended because the building foundation is inadequate. Temporary bracing and barriers were installed and the foundation has caved in in two areas. The City has been communicating with the owners and wrote them on August 14, 2015, January 11, 2016, October 18, 2016 and February 1, 2017. Notice of this hearing has been published and mailed. The letters sought a time line for repairs. Staff recommends the structure be removed.

Mayor Rasmussen opened the Public Hearing.

Mayor Rasmussen called three times and no one spoke to this issue.

Mayor Rasmussen closed the Public Hearing.

Howland asked Rice if ownership contacted the City. Rice said that he was contacted. The interested party said that the intention is to demolish the building and replace it with a building that is slab-on-grade. Rice noted that the same party contacted him last year about demolition, but the process was never initiated.

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 17-36 included with these minutes)

PUBLIC HEARING AND RESOLUTION 17-37 AUTHORIZING ORDER FOR REMOVAL – 821 JEFFERSON AVENUE

Gabrielatos explained that on June 18, 2012, the above property was placarded as unfit for human habitation. Lake Country Community Bank holds a mortgage on the property and has been notified of the hearing. Removal of the structure is recommended because the foundation was in serious deterioration and the structural integrity of the building was in question. Notice of this hearing has been published and mailed. The City has been in communication with the bank. The bank is attempting to sell the property to a party, which may seek to extend any hearing on demolition. Staff recommends the structure be removed.

Mayor Rasmussen opened the Public Hearing.

Mayor Rasmussen called three times and no one spoke to this issue.

Mayor Rasmussen closed the Public Hearing.

Brooks asked Rice if it was possible to live in the building. Rice said it was possible, but he has not been able to go inside. Rice spoke about the history of the property, concluding that if an owner was willing to invest the resources in the building, it could again be habitable. In response to Howland, Rice clarified that a bank owns the building. Bjorndal explained what the next steps would be if the Council decides to proceed with the demolition. He noted that there is a purchase order between the bank and a new owner, but whether that transaction would complete and how long it would take is unknown. Bjorndal also said that the demolition order could be removed if any owner completes the steps necessary to rehabilitate the home.

Motion made by Councilor Brooks, 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 17-37 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended a joint meeting between some of the managers of the Shell Rock River Watershed District and the Albert Lea City Council. He said a report was provided about advancing the local option sales tax through the Minnesota legislature.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update –. Attended a Heritage Preservation Commission meeting. He said the Commission is examining the code on accessory structure for clarity. He stated that members are preparing to host the Statewide Historic Preservation Conference.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee – Attended a meeting of the Parks and Recreation Advisory Board. He said many people came to see the Waldorf University hockey team at a recent tournament, and the team will be playing in a different league next year.

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – None

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Attended his first Airport Advisory Board and Library Advisory Board meetings.

Sixth Ward, Councilor Brooks reported:
• Ward Items – None
• Committee Update – Attended the same meeting as Murray as well as a Convention and Visitors Bureau Board meeting. He spoke about the grants application the board received, events that will happen over the summer, the success of the Big Freeze and an increase in revenues from the lodging tax.

Mayor: had no report at this time.

CITY MANAGER REPORT – None

APPROVAL OF CLAIMS

RESOLUTION 17-38 APPROVING CLAIMS

Gabrielatos 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.

Motion made by Councilor Brooks, to approve payment of claims as presented for checks #63070 though #63201 in the amount of $765,390.78, 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 17-38 included with these minutes)

ADJOURNMENT– 7:45 PM
Motion made by Councilor Howland, seconded by Councilor Baker, 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 13, 2017. 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/___________________________
Shirley Slater-Schulte
Council Secretary