May 22, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 22, 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 City Manager Chad Adams, Civil Engineer Phil Wacholz, City Attorney Lee Bjorndal and City Clerk Shirley Slater-Schulte.

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS

PUBLIC FORUM

Norlan Stalhiem, 325 Glenn Road, expressed concerns regarding junk yards along Main Street, and commented that there are too many city bike trails.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The May 8, 2017 Regular Council Meeting
B. Approve Minutes Of The May 4, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution 17-96 Accepting Donations Presented To The City Of Albert Lea
E. Resolution 17-97 Declaring Wind Down Wednesdays As Community Events Within The City Of Albert Lea
F. Resolution 17-98 Declaring Unclaimed And Abandoned Property And Authorizing City Sale Following Published Notice
G. Resolution 17-99 Authorizing The Sale Of City Property To The Minnesota Highway Safety Center
H. Resolution 17-100 Approving A Lot Reconfiguration Through An Administrative Lot Survey For Property Described As Lots 4, 5 & 6 – Summerdale Townhomes Fifth Addition
I. Resolution 17-101 Vacating An Easement Pursuant To Minn. Stat. § 412.851
J. Resolution 17-102 Calling A Public Hearing For Intellicents, Inc. Regarding Minnesota Investment Fund Loan

MOTION: Move to approve the consent agenda as presented with an addition to New Business – 8E. Resolution Recording Previously Deferred Special Assessment for City Projects Against Real Property.

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 17-96-102 included with these minutes)

PETITIONS, REQUESTS, AND COMMUNICATIONS

UNFINISHED BUSINESS

8TH STREET & FRANK HALL DRIVE STOP SIGN

Adams explained that this item was presented to council on May 8, 2017. The Council chose to wait two weeks to allow time for public input on whether to leave the stop control in place or remove it before voting on this item.

Based on observations over the past six months, staff believes the intersection will function well if the three-way stop signs remain in place permanently. As reported in the corridor review and recommendation in September 2016, staff also believes that the intersection functioned well without the stop signs. Staff is seeking a motion from the City Council to either keep the three-way stop signs in place permanently or to remove the temporary stop signs at the intersection.

MOTION: Move to permanently leave the two stop signs on Frank Hall Drive and 8th Street.

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.

NEW BUSINESS

ORDINANCE 207,6D AMENDING CHAPTER 6, ARTICLE II, DIVISION 3, SEC. 6-109 – HOURS AND DAYS OF SALES (1ST READING)

Adams explained that the Minnesota State Legislature voted to permit Sunday liquor sales by off-sale licensees between the hours 11:00 a.m. to 6:00 p.m. The current Albert Lea City Code bans Sunday sales, so Section 6-109 must be amended to permit the change in law. The new law also bans the delivery of liquor to on-sale licensees by wholesalers or merchandising by wholesalers on Sundays. Staff recommends the amendment of 6-109 be consistent with State law.

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 ordinance passed.
(See Secretary’s Original Ordinance 207,4d included with these minutes)

RESOLUTION 17-103 ACCEPTING BID AND AWARDING CONTRACT FOR THE LAKE AVENUE RECONSTRUCTION PROJECT (JOB 1607)

Adams stated that Engineering and Zenk Read & Trygstad (ZRT) have reviewed the bids opened Tuesday, May 16, 2017 for the Lake Avenue Reconstruction project. The project area includes Lake Avenue from Clark Street to William Street, Lake Avenue ally from William Street to Elizabeth Avenue, and East Collage Street from Newton Avenue to approximately 200’ east of Elizabeth Avenue. The project involves removal and replacement of the existing pavement, curb and gutter, sidewalk, and some water main, storm sewer and sanitary sewer replacements.

Five bids were received. Engineering and ZRT recommend the low bid of $710,855.94 as submitted by Ulland Brothers, Inc. of Albert Lea, Minnesota. The bid abstract is attached. The Engineer’s estimate was $825,614.00.

Motion made by Councilor Brooks, 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 17-103 included with these minutes)

RESOLUTION 17-104 ACKNOWLEDGING LOW BIDDER FOR THE AIRPORT ARRIVAL/DEPARTURE BUILDING (JOB 1608)

Adams explained that bids for the Airport Arrival/Departure Building (AD Building) project were opened on May 16, 2017. Engineering and Mead & Hunt reviewed the bids which included six separate schedules. The project will involve demolishing the old AD building, constructing a new AD building and possibly reconstructing the parking lot. The current AD building and flight school are outdated and no longer fully compliant with code requirements. Some of the amenities will include office space, a conference room, flight school, pilots lounge and briefing area, and lobby. Four bids were received. After examining the bid proposals, JD Driver, Ltd. of Rose Creek, Minnesota is the apparent low bidder. The bids were higher than the engineers’ estimate. Staff will be reviewing funding and options, and returning to council with a recommendation. The City of Albert Lea has 120 days to determine whether to award the schedules bid dependent on Federal, State, and Local funding. This resolution acknowledges the low bidder but does not award the contract.

Wacholz stated the city received four bids and all bids received were competitive and fair bids. He reviewed the funding comparison from the Engineer’s estimate and the bids came in over the estimate. Engineering is recommending excluding the parking lot expenditure for this project. Staff will continue to search for more funding for this project.

Adams explained the city may receive additional funding from other local jurisdictions and approximately $150,000 in state dollars that could be used towards this parking lot. Currently, there is no budget bill proposed in the legislative session for Airport Funding.

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 17-104 included with these minutes)

RESOLUTION APPROVING PURCHASE OF REAL ESTATE FROM FARMERS STATE BANK BY THE CITY OF ALBERT LEA

Adams explained that the city has been in communication with Farmers State Bank and that private parties will be acquiring all five lots that the city had considered purchasing. No action is required at this time.

RESOLUTION 17-105 RECORDING PREVIOUSLY DEFERRED SPECIAL ASSESSMENT FOR CITY PROJECTS AGAINST REAL PROPERTY

Adams explained the attached Exhibit ‘A’ lists a special assessment against real property that was previously deferred due to age or disability. Although this assessment was previously approved by resolution, it was not recorded with the Freeborn County Recorder. The attached resolution approves the recording of this assessment according to the City’s assessment policy.

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 17-105 included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – Referred to City Manager
• Committee Update – None

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended Heritage Preservation meeting. The Statewide Preservation Conference will be held Albert Lea this fall. The Commission is seeking to highlight the historic sites within the city.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee – Attended the Park and Recreation meeting. A, subcommittee within reported on proposed public restrooms for North Broadway area. The group met with business owners, Farmer’s Market, Theatre, Splash Pad, CVB, and surveyed the public. The committee recommended that an additional handicap portable bathroom be installed in 2017. This item will be discussed again in 2018.

Howland stated he is amazed by how many citizens are using the bikes and hiking trails. He met an individual that just moved to Albert due to watching the Blue Zones video made by an Irish television station.

Fourth Ward, Councilor Olson reported:
• Ward Items – Maintenance needed on some of the basketball courts.
• Committee Update – None

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Attended the Library Board and Airport meeting.

Sixth Ward, Councilor Brooks reported:
• Ward Items – None
• Committee Update – None
• Brooks encouraged business owners to contact the city or councilors regarding the proposed Sunday Liquor Sales Ordinance before the next meeting of June 12, 2017.

Mayor Rasmussen: reported on upcoming events:
• Thorne Crest Classic Car Show
• Fireworks Fundraiser
• Kid’s Triathlon
• Heartland Series Marathon
• Eddie Cochran Weekend
• Take A Kid Fishing
• Pollinator Park Grand Opening at Brookside Boat Landing

Mayor attended the Senior Center meeting. He also spoke at the American Legion First District Convention. He announced that host families are still need for the players of the Collegiate Baseball Team.

CITY MANAGER REPORT –
Adams announced that Civic Music series begins this Thursday, May 25th, at 5:30 PM, Fountain Lake Park for 8-10 weeks.

REVOLVING LOAN POLICY REGARDING STATE MINNESOTA INVESTMENT FUND
Adams gave a PowerPoint presentation on Revolving Loan Fund Policy. He stated that the city needs to create an individual policy for re-use of Minnesota Investment Funds. He explained that the proposed policy would set terms of loans not to exceed 10 years, interest rate depends on goals/objective met and maximum loan amount not to exceed $200,000, loan not to exceed 50% of the total project and job creation would be a requirement.
Adams gave a legislative update.

APPROVAL OF CLAIMS

RESOLUTION 17-107 APPROVING CONTRACT WITH COUNCILMEMBER BROOKS

Adams explained that the attached resolution directs the Mayor and City Clerk to make payment in the amount of $48.00 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 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, and Mayor Rasmussen. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 17-107
included with these minutes)

RESOLUTION 17-108 APPROVING CLAIMS

Adams explained that there are no claims over $25,000.
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 Baker, to approve payment of claims as presented for checks #63988 though #64141 in the amount of $378,314.19 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 17-108
Included with these minutes)

CLOSED SESSION – Land Acquisition Pursuant To Minn. Stat. §13D.05, Subd. 3 – Discuss Pending Litigation in Court File 24-Cv-16-1940

MOTION: Move to enter into closed session at 7:55 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 8:20 p.m.

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

ADJOURNMENT – 8:21 PM
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, June 12, 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

Minnesota state law (Chapter 156 of the Session Laws of 2005) requires that "a city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees." For the City of Albert Lea, titles and salaries as of Jan. 1, 2019, are: City Manager, $138,375.12; Director of Public Works/City Engineer $110,780.80; and Director of Public Safety $103,646.40. Date of publication: January 23, 2019.