March 13, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, March 13, 2017, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, and Al Brooks. Also present were City Manager Chad Adams, City Engineer Steven Jahnke, City Attorney Lee Bjorndal, and City Clerk Shirley Slater-Schulte.
ABSENT: Councilor Robert Rasmussen

CEREMONIAL ITEMS

INTRODUCTION OF SPANISH SPEAKING CITIZEN ACADEMY, LT. JEFF STROM
JD Carlson of the ALPD spoke about the Spanish Speaking Citizens Academy, noting that it is the first of its kind. He thanked the graduates for participating.

Mayor Rasmussen thanked the ALPD and the participants.

APPOINTMENT TO THE LIBRARY BOARD

Mayor Rasmussen requested a motion to appoint Mark Rasmussen to the Library Advisory Board.
MOTION: Move to appoint Mark Rasmussen to the Library Board.

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

PUBLIC FORUM

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The February 27, 2017 Regular Council Meeting
B. Approve Minutes Of The February 23, 2017 Work Session
C. Approve Minutes of the February 23, 2017 Special Council Meeting Minutes.
D. Licenses & Permits (See Attached List)
E. Resolution 17-39 Approving Labor Agreement With International Association Of Firefighters, Local 1041
F. Resolution 17-40 Approving Albert Lea Township Fire Agreement
G. Resolution 17-41 Approving Pickerel Lake Township Fire Agreement
H. Resolution 17-42 Approving Plans And Specifications And Ordering Advertisement For Bids – 2017 Neighborhood Improvement, East Main Street Frontage Road And Landfill Road Reconstruction Project (Job 1701)
I. Resolution 17-43 Approving Lot Configuration Through An Administrative Lot Survey – Albert Lea City Garage
J. Resolution 17-44 Approving Street Department Purchase Of Caterpillar Wheel Loader To Replace Unit #760 Wheel Loader
K. Resolution 17-45 Approving Street Department Purchase Of Caterpillar Dozer To Replace Unit #772 Dozer
L. Resolution 17-46 Approving Utility Department Purchase Of John Deere Tractor Backhoe To Replace Unit #777
M. Resolution 17-47 Amending South Central Drug Investigation Unit (SCDIU) Joint Powers Agreement
N. Approve Waiver of Building Permit Fees for Small Cities Development Program Commercial-Rental Rehabilitation in the City of Albert Lea Historic Preservation.

MOTION: Move to approve the consent agenda as presented.

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.
(See Secretary’s Original Resolution 17-39-47
included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

UNFINISHED BUSINESS

RESOLUTION 17-48 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS – AIRPORT ARRIVAL & DEPARTURE BUILDING CONSTRUCTION (Job 1608)

Adams reported that the proposed project consists of demolishing the existing Arrival & Departure Building (AD Building) and constructing a new AD Building and associated parking lot. This project will be funded with federal, state, and local funds. The project was bid in 2016 and the bids were rejected due to significantly higher bids than the engineers estimate. To reduce costs, the project was reworked with traditional tin, a conventional heating and air conditioning system and an option for a traditional steel frame structure. These items will still provide the City with a quality building with the character that the Council had previously approved. Plans and specifications were prepared by Mead & Hunt, Inc. and will be presented to the Council for approval and authorization of bidding. The bid opening is tentatively scheduled for May 16, 2017. Staff recommends approval of the plans and specifications and authorizes bidding of the project.

Jahnke delivered a PowerPoint presentation showing designs and cost comparisons for the proposed facility.
Howland asked when staff previously released bids for the facility. Jahnke responded that because funding was delayed the bids were released in June, the response was low. He added that he anticipates a different response this year, as the city will bid will be released earlier in the year.
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.
(See Secretary’s Original Resolution 17-48 included with these minutes)

NEW BUSINESS

PUBLIC HEARING AND RESOLUTION 17-49 ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR SUNSET STREET RECONSTRUCTION PROJECT (Job 1614)

Adams explained that a public hearing is being held for public input on the proposed improvement. The project is from Trunk Highway 13 to Lakeview Boulevard on Sunset Street and on Hillside Avenue from Sunset Street to the dead end. The Sunset Street Reconstruction project includes the removal of existing pavement, repairs to the existing utility infrastructure, storm drainage improvements, sidewalk construction and reconstructing the roadway to meet State Aid standards.

The proposed improvements include reconstructing the existing concrete roadways to a width of 34 feet (face-to-face of curb) with concrete curb and gutter. A 5-foot concrete sidewalk is proposed along the north side of the street with an average of 3 foot boulevard between the street and sidewalk. The proposed utility improvements include the replacement of 2,388 feet of watermain, replacement of 1,787 feet of sanitary sewer, the replacement of 818 feet of storm sewer, and the addition of 1,682 feet of storm sewer. Drainage improvements will be completed to meet the State Aid design standards. Bolton & Menk, Inc. has prepared a preliminary engineering report for the project. It is attached to the feasibility report.

The estimated project cost is $1,992,722 and includes Municipal State Aid funds, sewer funds, water funds, and assessable funds. Assessments will be levied to the benefiting properties based upon constructing a 33 foot (face-to-face) residential street with 4-inches of bituminous over 8-inches of aggregate base. Fifty percent of the sidewalk costs will be assessed to the properties on the north side of the street.

The proposed street assessment rate is $103.02 per front foot and the proposed sidewalk installation assessment rate is $3.65 per square foot. The proposed assessment rate on Hillside Avenue is $74.92 per foot.

Following the assessment policy, the assessments will be over 10 years. The interest rate will be based on bonding in 2017. A neighborhood meeting was held on February 28, 2017 to discuss the project with the affected residents. He noted that the measure needs a 4/5 vote of the Council to pass.

Jahnke provided another PowerPoint presentation. He showed the project area, described the history of the road and the proposed construction and the reasons for the work. He explained the reasons for the parking restrictions and proposed sidewalk location. He concluded by showing the cost breakdown for the project, how staff would communicate with residents and displayed a projected timeline.

Mayor Rasmussen opened the Public Hearing

Dennis Hansel, 1713 Sunset, spoke on behalf of a few of his neighbors. He noted his opposition to the project by offering several criticisms. He also requested the specifications and asked questions about the proposal.

Jahnke explained that the storm sewer is not adequate to meet State Aid standards, there is a large sag in the sanitary sewer and the manholes are in the wrong locations. He stated that the city will measure for driveway elevations.

Mike Callahan of 1512 Sunset said that he did not believe the project was needed and mentioned that an assessment can be burdensome to residents who have retired.
Norma Levorson of 1627 Sunset explained why she would prefer parking to be on the south side of the street. She also expressed concern about how the assessment would be a financial burden.

Mayor Rasmussen said that there are programs available for those experiencing hardship. Adams added that the program mandates are designed by the State of Minnesota.

Dan Johnson, 1505 Sunset, street is very narrow and densely populated, concerned about the children within this area and would like to have the speed limit lowered.

Roland Keyeski, 905 Lakeview Blvd., echoed the sentiment about the speed of cars along Sunset and expressed concern about drainage and green space.

Jahnke spoke about the proposed configuration of the street and sidewalk. He noted that narrowing the driving space may cause drivers to slow and that pedestrians could use the sidewalk, if installed, rather than the road. Adams said that the State of Minnesota establishes speed limits on roads. The City can request the State examine a corridor. However, he cautioned that sometimes, if staff from the State observes drivers going faster than the posted speed limit, the state may decide to increase the speed limit. Jahnke cited an increase in the speed limit along Hammer Road as an example of this.

Brooks expressed concern about pedestrians traveling west on Sunset to the arena, explaining that highway 13 on a wide road on which drivers fast. Jahnke responded that a pedestrian island could be built along 13. In response to Adams, Jahnke stated that the island would be installed so that pedestrians cross at the minimum length of the street.

Jahnke, responding to Baker, commented that more people are likely to be walking around Shoff Park than going to the arena. He added that the primary purpose of the sidewalk would be to service those living in the neighborhood. Baker stated support of reconstruction of the street, but not the installation of the sidewalk. He mentioned that he has been in contact with many people about the project and has reservations about the cost of the sidewalk. Baker then asked questions about the proposed configuration of the street. Jahnke asked Dan Sarff of Bolton & Menk to answer.

Brooks asked if there were bus stops on Sunset. Mayor Rasmussen answered there are several along the street. Rasmussen then said that the Council adopted a Complete Streets policy and stated his belief that the City should pay more of the cost. Murray asked Jahnke what the cost of an average sidewalk assessment along this corridor is. Jahnke provided the range of assessments, and added that most assessments are between $1,000 and $1,500. Howland asked Jahnke about a potential bottleneck because of the parking configuration.

Baker said that he met with the owner of the apartment buildings along Sunset. He relayed that the assessments and construction may have a negative impact for both the residents in those units and the owner.

Howland said he drove on the street, noting that it is in rough shape. He said he thought pedestrian safety could be improved by the installation of the sidewalk.

Adams, responding to Brooks, said that staff will examine amending the assessment policy and provide data to the Council. He said that the sidewalk portion of this project could be delayed, but due to economies of scale, the price would increase. Brooks hoped the Council could examine the matter. Baker asked if the assessment could be paid over 15 instead of ten years.

Mayor Rasmussen closed the Public Hearing

Motion made by Councilor Howland, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Olson, Brooks and Mayor Rasmussen. Councilor Baker voted nay. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-49 included with these minutes)

PUBLIC HEARING AND RESOLUTION 17-50 APPROVING SUPPLEMENTAL ASSESSMENTS PURSUANT TO MINN. STAT. § 429.071, TO CORRECT ERRORS IN RESOLUTION 11-165 REGARDING CONSTRUCTION OF 770TH AVENUE FROM EAST MAIN STREET TO TERMINI

Adams explained that on October 11, 2011, the Albert Lea City Council passed Resolution 11-165. That resolution incorrectly found that deferred assessments would be ordered paid when five properties were “annexed into the City, sold, or developed.” They were already in the City limits. Moreover, the intent was for the assessment to be paid only when the properties were rezoned as commercial property. Minnesota Statute 429.071, Subd. 1 allows for “Supplemental Assessments” to correct errors or omissions in an assessment. This requires a public hearing. Staff has drafted a Supplemental Assessment to Resolution 11-165 and recommends approval.

Mayor Rasmussen opened the Public Hearing

Robert Fjelbroten, 21458 775 Avenue, asked who decides how a property gets rezoned. Adams listed the ways in which that can be done. Adams said that the City is taking this action to protect residents living in the area. Bjorndal said that it was not intended that assessments be paid on the transactions between residents in a residentially-zoned area.
Mayor Rasmussen closed the Public Hearing.

Baker clarified that the assessment is not triggered unless the property is commercial.
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, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-50 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended the ALEDA and Greater Jobs meeting.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update –.Attended neighborhood meeting about Sunset project, saying that it was the second-most attended meeting of its type that he has been to.
• He also attended the Planning Commission meeting during which a proposed building to be constructed by Gold Cross Ambulance was discussed.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Thanked the Street Department.

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – Attended HRA meeting, noting that 97% of the units managed by the organization are occupied. He added that the goal of the HRA was to have 98%.

Fifth Ward, Councilor Rasmussen – absent

Sixth Ward, Councilor Brooks reported:
• Ward Items – Potholes in need of repair.
• Committee Update – He noted that he received calls in support of the Gold Cross facility.

Mayor encouraged people to become involved with the City’s Boards and Commissions.

CITY MANAGER REPORT

Adams expressed appreciation to the graduates of the Spanish Speaking Citizens Academy and the Albert Lea Police Department. He said that he will be testifying at the Capitol this week about the local option sales tax and workforce housing.

APPROVAL OF CLAIMS

RESOLUTION 17-51 APPROVING CLAIMS

Adams 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 #63202 though #63390 in the amount of $678,309.06 seconded by Councilor Baker. 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.
(See Secretary’s Original Resolution 17-51 Included with these minutes)

ADJOURNMENT– 8:29 P.M.
Motion made by Councilor Brooks, seconded by Councilor Murray, 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 27, 2017. On roll call vote, all councilors voted in favor of said motion. Mayor Rasmussen declared the motion passed and the meeting adjourned.
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Mayor Vern Rasmussen Jr.
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Shirley Slater-Schulte
Council Secretary