March 28, 2016

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, March 28, 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. Appointment of Jerry Gabrielatos as Secretary Pro Tem
Motion made by Councilor Anderson, seconded by Councilor Marin. 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.

B. Appointment of Charles Newell to Heritage Preservation Commission
Motion made by Councilor Baker, seconded by Councilor Marin. 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.

PUBLIC FORUM

Gary Hagen, 501 Albert Lea Street, wants the Council to ensure transparency and accountability with how the Shell Rock River Watershed District would spend the money netted from the sales tax renewal.

LeRoy Shocker, 1521 W. Clark Street, spoke about the concerns he has regarding parking along Edgewater Drive.

Charlotte Nelson-Schocker, 1521 W. Clark Street, expressed similar sentiment about parking along Edgewater Drive.

Laura Lunde, 1204 Cedar Avenue, spoke on behalf of the Lakes Foundation. She read statutes about the governance of a Watershed Board. City Manager Adams provided the Council with a list of options about language changes to the resolution. Lunde stated that the Lakes Foundation supports an option that would not require a change in the language.

Randall Erdman, 210 N. 2nd Avenue, provided background about the Watershed and the Sales Tax. He mentioned a letter written by Minnesota Department of Natural Resources stating that the organization believes dredging Fountain Lake will only cure a symptom, not the cause of the sediment in the lake. Erdman suggested that the Watershed could be appointed by a citizens group or an amendment in state legislation that required the Watershed’s Board of Managers to get elected.

Councilor Marin asked Erdman to read state legislation about the local option sales tax, stipulating that the referendum be on the ballot in a general election.

Al Arends, 1702 Bay Oaks Drive, commended the Watershed for winning $26,000,000 in grants, but that the Watershed Board needs to become more functional. He stated that the community can grow if attention is centered on the lakes. He supports a resolution that would not require the current sales tax language to be changed.

Paul Overgaard, 1728 Bay Oak Drive, commented that there is a lack of oversight with regard to the Watershed. Overgaard supports the language introduced in 2005 and amended 2006.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The March 14, 2016 Regular Council Meeting
B. Approve Minutes Of The March 10, 2016 Work Session
C. Licenses & Permits (None attached)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Resolution Waiving Blazing Star Trail Joint Powers Board Annual Audit
F. Resolution Declaring Spring Hometown Pride Cleanup Day And Authorizing Reduced Rates At Transfer Station
G. Resolution Approving Plans and Specifications And Ordering Advertisement Of Bids For Park Avenue, Grace Street, Mariners Lane & Harriet Lane Reconstruction Project (Job 1565)
H. Resolution Approving Lease Agreement With Senior Resources Of Freeborn County For 314 South Broadway
I. Resolution Approving Lease Agreement With United Way Of Freeborn County For 314 South Broadway
J. Resolution Authorizing Sale Of City Property To ISD #241

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: Schulte V, Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 16-57-63 included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

UNFINISHED BUSINESS

LOCAL OPTION SALES TAX RENEWAL

Mayor Rasmussen stated that the Council wants to make the governance of the Watershed more transparent for the public. He continued by saying that the projects the Watershed wishes to complete are listed in its plan and supports keeping the language as is. He also mentioned that communication between the Watershed and the City Council could be improved.

Councilor Anderson discussed the history of the Watershed and commented that this is an opportunity for the Watershed to improve communication.

Councilor Marin thanked those involved in the discussion about the renewal. He commented about the uniqueness of the sales tax, specifically that it may be the only one of its kind in Minnesota. Marin would like to use language that installs more accountability of the Watershed to the Council.

Councilor Baker talked about the evolution of the relationship between the Council and the Watershed. He thanked people for participating in the discussion about the sales tax.

Councilor Olson supports the second option, which would require the Watershed to come before the Council two times per year. He is, however open to keeping the language as is.

Councilor Brooks stated that he is familiar with the original agreement between the Council and Watershed, as he seconded the motion. He believes there needs to be communication between the public and the Watershed.

Councilor Schulte commented that the language used in options 2, 3 and 4 is similar to what is found in other jurisdictions and agencies that fund other entities expect reports about how the money is spent. Schulte is seeking transparency and accountability about how the Watershed spends money.

Councilor Marin would like Council to find another Councilmember to attend the Watershed’s meetings.

RESOLUTION 16-64 ACCEPTING BID AND AWARDING CONTRACT FOR NORTH INDUSTRIAL PARK REGIONAL STORMWATER POND AND FLOOD MITIGATION PROJECT (Job 1467)

The attached resolution would accept the bids for the Regional Stormwater Pond North Industrial Park project. The project is the construction of a regional storm water retention pond and associated piping which will serve the Northaire Business Park. There were seven bids with the low bidder being thrown out for an error in the bid. Engineering and Zenk, Read, Trygstad & Associates, Inc. have reviewed the bids and recommend the correct low bid of $379,277.40 as submitted by Ulland Brothers, Inc. of Albert Lea, Minnesota. The Engineer’s estimate was $465,986. Staff recommends acceptance of the bid.

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

(See Secretary’s Original Resolution 16-64 included with these minutes)

RESOLUTION 16-65 REJECTING BIDS RECEIVED FOR ALPACA BARN PROJECT (Job 1467)

The City Engineer and Zenk, Read, Trygstad & Associates, Inc. have reviewed the bids opened Tuesday, December 8, 2015 for the Alpaca Barn project. In order to construct the regional stormwater retention pond an existing alpaca barn needed to be demolished and a new barn constructed in a different location.

The City received three bids on the project. The low bid was $115,800 and was submitted by Larson Contracting Inc. This was significantly higher than the Engineer’s estimate of $80,000. Because the bids were higher than the Engineer’s estimate, the City approached the owner and negotiated for demolition of the existing building and reconstruction of the alpaca barn to be completed by the owner and incorporate the cost into the purchase of the property. Based on this, engineering is recommending rejection of all bids on this project.

Motion made by Councilor Baker, seconded by Councilor Anderson. 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 16-65 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Schulte V reported:

  • Ward Items – None. Noted that his company used the computer lab, which is available for free to the public.
  • Committee Update – None.

Second Ward, Councilor Baker reported:

  • Ward Items – Reported that he was contacted by people who walk from Hatch Bridge to Lakeview School and noticed some lights out along the trail.
  • Committee Update – None.
  • Noted that he sat in on meetings with developers interested in rehabbing the Freeborn Bank Building. Also reported that he went to the Coalition of Greater Minnesota Cities Legislative Action Day on March 16th. He was part of a group that met with State Representative Peggy Bennett and with Senator Dan Sparks.

Third Ward, Councilor Marin reported:

  • Ward Items – None
  • Committee Update – Attended the Human Rights Commission meeting, welcomed new member Lionel Lopez, who is a member of the Board of Directors of the Mesa Latina group.
  • Thanked Mick Delger of the Watershed Board, Gary Hagen, Craig Havener, the Schockers and the media for attending the meeting and the Council for the its work on the Watershed issue.

Fourth Ward, Councilor Olson reported:

  • Ward Items – none
  • Committee Update – Attended a park board meeting in which a design of the dog park was presented. When the design is finalized, it will be released to the Council and public.

Fifth Ward, Councilor Anderson reported:

  • Ward Items – none
  • Committee Update – Airport Commission will be meeting later this week to discuss design plans and cost estimates for the a new building

Sixth Ward, Councilor Brooks reported:

  • Ward Items – Asked City Engineer for a timeline on when the work at 5th and Virginia will be completed. Jahnke reported that the goal is to be done in late June or early July.
  • Committee Update – none

Mayor Rasmussen reported the following:

  • Received two requests for proposals for development of the Freeborn Bank Building. Met with both groups.
  • Attended Coalition of Greater Minnesota Cities’ Legislative Action Day on Wednesday, March 16th. The group met with Governor Dayton.

CITY MANAGER REPORT

Adams reported that Bridge and Fountain was studied to determine if a crosswalk is needed for pedestrians. A crosswalk would not be needed because it would divert traffic to other locations. Edgewater Drive was studied. There was not a reason to change the parking configuration. Jahnke said there have not been accidents in that location.

APPROVAL OF CLAIMS

RESOLUTION 16-66 APPROVING CONTRACT WITH COUNCILMEMBER BROOKS.

The attached 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 the affidavit of official interest by the interested official, Councilor Brooks.

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

(See Secretary’s Original Resolution 16-66 included with these minutes)

RESOLUTION 16-67 APPROVING CLAIMS

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

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

(See Secretary’s Original Resolution 16-67 Included with these minutes)

ADJOURNMENT 8:29 P.M.
Motion made by Councilor Marin, 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, 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