June 26, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, June 26, 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

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS

PUBLIC FORUM

Joni Cather, 1402 S. Broadway, thanked the city for mowing the grass at the 1326 S. Broadway. She stated that she will continue to follow this item.

Gabrielatos informed the council that the Building Official has viewed the property and it does not appear to be subject to an Order of Removal at this time. He stated that certain items need to be repaired including the front entry and steps, covering exposed wood, flashing or exterior product and the City will need to verify that front entry beams are properly supported. Gabrielatos stated that there may be a need for a new building permit as there are other items that need to be fixed before the house is habitable. He informed council that failure to respond in a timely manner may result in legal action.

Keith Shaw, 1324 S. Broadway, thanked the city for mowing the grass at 1326 S. Broadway. He asked that the grass clippings be removed. Shaw inquired as to the timetable for the repair of the porch. Mayor Rasmussen stated that the Inspection Office will provide the timetable information to him.

Jill Marin, 1311 South 4th Avenue, requested that the council rule out Morin Park as an option for the new fire station as this is a low income area and many children use this facility. She stated that she has served on several community groups to help end poverty, to create healthy environments for children, and the need for neighborhood parks. Marin stated that saving Morin Park is best for Albert Lea.

George Marin, 1311 South 4th Avenue, thanked the council for their service. He is opposed to building the new fire station in Morin Park. Marin commented that the park is a prime piece of real estate and a gem in the heart of Albert Lea. He stated that Morin Park has been a gathering place for children, families and community for decades. Marin mentioned that amenities have been removed from the park. Marin stated that Morin Park serves as a safe gathering place for low income families that do not have the resources for other types of recreation. Marin encouraged the Mayor, Council and staff to think of the consequences this decision may have on the underprivileged in our community. He stated that the city owns the Blazing Star Landing, which has been vacant for several years. Marin commented that building in Morin Park would go against the Blue Zones Initiative. Marin quoted former President Carter, “The measure of a society is found in how they treat the weakest and the most helpless citizens.” Marin implored the council to remove Morin Park as a proposed location for the new fire station and rule in favor of preserving and furthering the investment in this central treasure in this community.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The June 12, 2017 Regular Council Meeting
B. Approve Minutes Of The June 8, 2017 Work Session
C. Approve Minutes Of The June 8, 2017 Special Council Meeting
D. Licenses & Permits (See Attached List)
E. Resolution 17-116 Accepting Donations Presented To The City Of Albert Lea
F. Resolution 17-117 Authorizing An Easement Agreement With Winston+Avery LLC
G. Resolution 17-118 Amending Construction Award/Grant Agreement With Boyers Rental Properties LLC
H. Resolution 17-119 Of Support To Secure State Bonding For The Blazing Star Landing
I. Resolution 17-120 Of Support To Secure State Bonding To Further Develop The Blazing Star Trail
J. Approve Loading Zone In Front Of 302 Broadway Avenue South
K. Resolution 17-121 Not Waiving Monetary Limits on Tort Liability
L. Schedule A Public Forum Regarding the Mayo Hospital Decision for Thursday, June 29, 2017 At 7:00 PM at the Albert Lea Senior High School

MOTION: Move to approve the consent agenda as amended with the addition of Resolution Not Waiving Monetary Limits on Tort Liability and the Public Forum regarding the Mayo Hospital decision on June 29, 2017 at the Albert Lea Senior High School.

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 17-116-121
included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

UNFINISHED BUSINESS

NEW BUSINESS

RESOLUTION 17-122 RESOLUTION PROVIDING FOR THE SALE OF $2,275,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2017A

Rebecca Kurtz with Ehlers & Associates, stated the item before the council is consideration of the issuing of $2,275,000 General Obligation Improvement Bonds, Series 2017A. She explained that the proposed financing is for the 2017 Street Projects and that the bonds are proposed to be general obligation from 2019-2028. Kurtz stated that the bonds are expected to be issued by financial services agency Standard & Poor’s, a group through which the city has an AA-rating. Kurtz stated that is a strong rating for a community outside of the metro area of our size.

Kurtz stated that if the council decided to move forward with the resolution, a bond sale is expected July 24, 2017 and dollars could be available by August 2017.

Councilor Baker asked Kurtz to explain the AA- rating. Kurtz explained that cities are rated through common agencies such as Moody’s and Standard & Poor’s.

Staff recommends the sizing of the bond to be $2,275,000 to finance City improvement projects, including 2017 Neighborhood Improvements (E. Main Street Service Road and Landfill Road Reconstruction), South Broadway Reconstruction TH-65 – 14th Street, Sunset Street (Widen and Reconstruction) and Lake Avenue/East College Street Reconstruction. The proposed bond would have a term of 10 years and be sold competitively. Staff recommends approval.

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 17-122
included with these minutes)

RESOLUTION 17-123 RESOLUTION APPROVING TEMPORARY PARKLET IN CITY RIGHT-OF-WAY

Gabrielatos explained that this resolution would approve the installation of a parklet in city right-of-way located along the 100 block of East Clark Street on a pilot basis. A parklet is a seasonal sidewalk extension that provides gathering space in the street. The Heritage Preservation Commission reviewed the proposed project and recommends approval.

Councilor Howland asked if there were cement bumpers that would need to be removed during the winter. Jahnke stated that staff is finalizing the details but the structure would be removed in the winter. Councilor Howland expressed that this is a great example of thinking outside the box and is positive that this will be successful.

Councilor Brooks had questions regarding the construction materials to be used for this project. Gabrielatos replied that the materials would be wood and metal. Also, staff stated that the liability insurance would be provided by the city.

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 17-123
included with these minutes)

RESOLUTION 17-124 RESOLUTION AUTHORIZING CITY OF ALBERT LEA TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT ARRIVAL/DEPARTURE BUILDING AND PARKING LOT (JOB 1608)

Gabrielatos explained that a State agreement to construct the Albert Lea Municipal Airport Arrival/Departure Building and Parking Lot is attached for council approval. The state funds are 2017 fiscal year funds and are in the amount of $381,744.00 with a 20% local match. This is the first of three agreements. After July 1st there will be an amendment to the state agreement to include additional 2018 fiscal year funds and a federal agreement for federal funds.

Jahnke explained that the estimated project cost is $2,151,134.69 with the State portion being estimated at $1,000,043.06, the Federal portion estimated at $766,342.00 and the City portion estimated at $384,749.63. JD Driver, Ltd. Of Rose Creek, MN is the low bidder but awarding the work will not occur until all funding is in place. The work is expected to start in the fall of 2017 and be completed in 2018.

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 17-124
included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended a planning meeting on the proposed fire station. He received several calls about the hospital closing. He added that he drove past the property at 1323 S. Broadway.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended the HPC meeting at which the Parklet was discussed. Reported that the HPC is working on the upcoming State Preservation Convention scheduled to take place in Albert Lea in September 2017. He thanked Assistant City Manager Gabrielatos for his work on the project. The HPC will be discussing design standards at their next meeting.
• Attended the event honoring the Jefferson Highway Tour held at the American Legion. He said members of the group were impressed by the city.

Third Ward, Councilor Howland reported:

• Ward Items – None
• Committee Update – Reported that the Park Board meeting was cancelled. He participated with “Buckets on Broadway” last Friday and raised over $3,000 for the Humane Society. He received comments about the proposed fire station location and Mayo Hospital. He stated that he appreciates all of the telephone calls, letters, and comments and encourages residents to contact him. Thanked Mr. & Mrs. Marin for attending this meeting and for their comments regarding the location of the proposed fire station.

Fourth Ward, Councilor Olson reported:
• Ward Items – Received a complaint from a resident in Ward 4 regarding an issue with the finished curb and gutter and referred this matter to the City Engineer.
• Committee Update – Attended the HRA Board meeting and reviewed the financial, housing occupancy and utilization reports. He announced the board will be reviewing the new social media policy. Reviewed a complaint from a Section 8 tenant.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Viewed the 1326 South Broadway property
• Committee Update – None.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Received a complaint on drainage and water issues. He thanked Assistant City Manager Gabrielatos for his following up on this item.
• Committee Update – Attending the planning meeting on the proposed fire station. Thanked the Marin’s for their comments about Morin Park.

Mayor Rasmussen: announced the upcoming events:
Annual 3rd of July Parade
Freedom Festival
American Legion Annual 4th of July Car Show
April Sorenson Half Marathon & Relay

ASSISANT CITY MANAGER REPORT
Gabrielatos announced that as part of the Green Steps Program, Albert Lea was selected as one of three cities to participate in a climate vulnerability analysis. He added that a consultant will write a report about how climate change has and will impact Albert Lea. The consultant will provide a detailed report of strategies that the city can consider and some things the City can implement immediately. He stated that participation in the Green Steps Program has been successful.
APPROVAL OF CLAIMS

RESOLUTION 17-125 APPROVING CONTRACT WITH COUNCILMEMBER BROOKS

Gabrielatos explained that the attached resolution directs the Mayor and City Clerk to make payment in the amount of $749.15 on behalf of the City for a claim from Brooks Safety Equipment and to issue payment for filing the affidavit of official interest by the interested official, Councilor Brooks.

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, and Mayor Rasmussen. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-125
included with these minutes)

RESOLUTION 17-126 APPROVING CLAIMS

Gabrielatos reviewed the claims over $25,000.
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 #64347 though #64481 in the amount of $828,855.77, 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 17-126
Included with these minutes)

CLOSED SESSION – As Permitted By Attorney-Client Privilege (Minnesota Statute 13D.05, Subd. 3) To Discuss Pending Litigation (Lake Chapeau Drive Assessment Appeals)

MOTION: Move to enter into closed session at 7:50 p.m.

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

Mayor Rasmussen reopened the regular meeting at 8:21 p.m.

Mayor Rasmussen noted the City Attorney was provided with direction in the closed session.

ADJOURNMENT – 8:22 PM
Motion made by Councilor Murray, seconded by Councilor Olson, 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, July 10, 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