October 24, 2016

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, October 24 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, City Attorney Lee Bjorndal, City Engineer Steven Jahnke and Deputy City Clerk, Daphney Maras.

ABSENT: City Clerk Shirley Slater-Schulte

CEREMONIAL ITEMS
Winkels presented the merit award to Officer David Doppelhammer, noting that the award is the second highest the Albert Lea Police Department bestows. Winkels said that Doppelhammer earned the award for the establishment and implementation of the E-citation program. Deputy Director Carlson read a statement honoring Doppelhammer.

Winkels then introduced Meagan Schroeder, the newest member of the Albert Lea Police Department. Maras swore in Schroeder.

Mayor Rasmussen appointed new airport commissioner, Jon Lamphier.

MOTION: Move to approve newly appointed airport commissioner.

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.

PUBLIC FORUM
Jerome Hickman, 121 Lake Chapeau Drive, said that the construction work scheduled to take place along his street affects 11 property owners. He requested that Council consider the use of the street before the project advances. He mentioned that residents living along the corridor met with Jahnke earlier in the day.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The October 10, 2016 Regular Council Meeting
B. Approve Minutes Of The October 6, 2016 Work Session
C. Licenses & Permits (See Attached List.)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Resolution Accepting Grant Award For Taste Of Heritage Festival
F. Resolution Requesting Approval Of Dynamic Sign Installation On Northbound Highway 65 South Of The 7th Street Intersection
G. Resolution Abating Assessment On 225 Ridge Road
H. Resolution Abating Assessment On 311 Fairview Drive
I. Resolution Declaring Surplus And Abandoned Property And Authorizing City Sale

MOTION: Move to approve the consent agenda.

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 16-220 – 16-225 included with these minutes.)

UNFINISHED BUSINESS

A. Resolution 16-226 Adopting Final Assessments For The 2016 Lake Chapeau Drive Improvement Project (Job 1602)

At the October 10, 2016 council meeting, the public hearing was closed and Council tabled the adoption of final assessments until the October 24th meeting in order to review the petition that was presented to lower assessments. The attached resolution would adopt the final assessments for the 2016 Lake Chapeau Drive Improvement Project (Job 1602). The project involved the recycling of the bituminous pavement by reclamation, new bituminous pavement, shouldering, and the installation of a centerline culvert for the main entrance road to the City Arena and the Lake Chapeau residential subdivisions. Underdrain was also added to the roadway north of the railroad. Drainage work included the replacement of the centerline culvert near the storm water pond. Adams noted there are eleven private properties to be assessed for the street improvement work. He informed the Council that, should the assessment be adopted by the Council, a letter would be sent from the City to residents that explains the terms of the assessment.

Marin apologized to the residents of the Lake Chapeau corridor for not attending the aforementioned meeting. He said that he recently changed the device on which he receives city emails and consequently received notice after the meeting. He said that he believes the 11 property owners along the corridor are paying more than they should, as the arena located at the northern end of the street attracts much of the traffic. He noted that he disagrees with one point made in a letter from residents to the city that details the reasons for the residents’ opposition.
Brooks asked if residents living along the Lake Chapeau area would be liable for sewer and water payments beyond 300’. Jahnke replied that any property over the 300’ would be capped per the proposal.

Marin mentioned that he has spoken with a business owner along the corridor. He noted that the City recently annexed the land in which the business sits and the owners of the business were told that the proposed assessment would not be billed. Marin continued by saying that the residents felt tricked. Brooks asked for clarification on the matter. Rasmussen said that the land in question was annexed because of residents in the area petitioning the City to do so. Adams and Jahnke confirmed this. Adams said that Lake Chapeau reconstruction has been in the Capital Improvement Plan. He further noted that he could not make a promise not to assess the property owners.

Baker requested Jahnke provide a synopsis of the meeting with residents. Jahnke responded that he went over the points listed in a letter from the residents to the City. Baker then asked Adams to respond to the third point in the letter. Adams answered that the City is not assessing the corridor differently from other roads that were assessed and the City is not required to perform an appraisal. Marin contrasted funding mechanism of the Lake Chapeau project with that of an assessment along West 9th Street. Adams clarified the funding structure, and commented that Lake Chapeau has not been assessed in over 50 years. Rasmussen remarked that he believes it is important for the City to adhere to its policies. He encouraged people to appeal the assessment if they feel it is unfair.

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

(See Secretary’s Original Resolution 16-226
included with these minutes.)

B. Resolution 16-227 Adopting Final Assessments For Virginia Place From 4th Street To 7th Street And 5th Street From TH-65 To St. John Avenue Reconstruction Project (Job 1557)

At the October 10, 2016 council meeting, the public hearing was closed and Council tabled the adoption of final assessments until the October 24th Council meeting in order to give the Council more time to review the term of the assessments. The attached resolution would adopt the final assessments for Virginia Place from 4th Street to 7th Street and 5th Street from TH-65 to St. John Avenue Reconstruction Project (Job 1557).

Marin asked if the final blacktop work in the area has been completed. Rasmussen replied that it has not. Marin then asked why the City was billing the assessment. Adams said that this assessment situation is not uncommon. Marin remarked that businesses do not often pay vendors until work is completed and said he thinks the City should wait until the project is completed. Rasmussen noted that Marin previously voted for the Park Avenue project, although the work has yet to be completed there as well. Baker commented that payments could be withheld until all items on a punch list are completed. Adams echoed the sentiments of Baker. Marin explained that he has heard concern from residents about the City beginning to assess projects before their completion and that is the reason he asked. Brooks thanked the Council for considering the longer assessment term. He said that the increased amount of time could save residents money on a yearly basis. Adams stated the City’s assessment policy allows the Council to adjust the time over which the assessments are paid and that there is precedent for this situation on reconstruction projects.

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

(See Secretary’s Original Resolution 16-227 included with these minutes.)

NEW BUSINESS

A. Resolution 16-228 Approving Professional Services Agreement With BKV Group For Providing Design, Bidding, And Construction Oversight Services For The Public Works Facility Addition (Phase 1)

Starting in 2013, the City of Albert Lea has been working with BKV Group to develop a plan for the administrative portion of the City Garage (Phase I). BKV Group has also been meeting with staff on facility needs and presented a proposed addition to Council at the September 22nd Work Session meeting. The presentation was given again on September 26th and open houses were held September 29th and October 1st to receive public input. This resolution would approve the professional services agreement with BKV Group. The services provided would be design, bidding and construction oversight for construction of the Public Works Facility Addition (Phase I). Staff has reviewed the proposed fees and has determined that the fees are comparable to other projects of similar nature and recommends approval. Baker requested Adams comment on whether the City would be willing to examine housing the garage at a different location. Adams responded that the land capacity at the current site is sufficient and the central location can better serve the entire community.

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

(See Secretary’s Original Resolution 16-228 included with these minutes.)

B. Resolution 16-229 Authorizing City Of Albert Lea To Execute Minnesota Department Of Transportation Grant Agreement For Airport Arrival/Departure Building And Parking Lot Construction, Mead And Hunt Task Order No. 2016-1 And Snow Blower Attachment (Job 1608)

In July, the City Council authorized staff to enter into a federal and state grant for the above referenced work. The Federal portion has been approved by Council. This agreement and resolution is for the state portion of the Albert Lea Municipal Airport Arrival/Departure Building and Parking Lot Construction project design and a snow blower attachment.

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

(See Secretary’s Original Resolution 16-229 included with these minutes.)

C. Resolution Approving Task Order #2016-2 With Mead And Hunt For Providing Redesign, Rebidding, And Construction Oversight Services For The Arrival/Departure Facility At The Albert Lea Municipal Airport (Job 1608)

The Albert Lea Municipal Airport Arrival/Departure Building and Parking Lot bids were rejected in the summer of 2016 due to high bids for the project. Since that time, city staff and the Airport Advisory Board have worked with Mead and Hunt to develop a project that lowers the overall price of the project yet still maintains the look and feel of the project that was originally bid. The Airport Advisory Board is recommending proceeding with the redesign as presented to Council at the last Work Session meeting. The attached resolution would approve the second task order under the 2016 Master Services Agreement with Mead & Hunt Inc. It also amends the agreement to include Task Order Number 2016-2, which involves redesigning the Arrival/Departure Facility including bidding of the project and providing construction administration services for both this facility and the parking lot reconstruction at the Albert Lea Municipal Airport. The specific breakdown of the task order is included in the service agreement. The City anticipates receipt of a grant which includes federal and state funds.

Marin asked Bjorndal if there was a difference between tabling or postponing the motion. Bjorndal answered that tabling an item until the next Council meeting is appropriate. Marin said that his understanding is that tabling an item is for the same meeting. Bjorndal suggested the motion be modified. Anderson did so.

Motion was made by Councilor Anderson to table this item until the next meeting, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Marin, Anderson, Schulte V., Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Schulte V:
• No updates.

Second Ward, Councilor Baker:
• No updates.

Third Ward, Councilor Marin
• Marin clarified comments from a previous meeting. He suggested the City create and implement an education campaign about bike safety, not to add another hurdle to the process of traffic calming measures, but rather to be assertive and comprehensive as the City continues to install infrastructure to increase bike use.

Fourth Ward, Councilor Olson:
• Attended the Parks and Recreation Advisory Board meeting during which dock space was discussed and an update provided about the City working with Community Education. He encouraged the public to be mindful of children during Halloween.

Fifth Ward, Councilor Anderson:
• Attended an Airport Advisory Board meeting, during which the current proposal from Mead and Hunt was considered.

Sixth Ward, Councilor Brooks:
• Reported that damaged furniture from the recent floods can be seen throughout an area of his ward. He asked when the items could be removed by the City. Bjorndal answered that if Brooks provided addresses of these sites, they can be turned over to a Community Service Officer who will determine what to do. Brooks questioned Jahnke about FEMA’s involvement. Jahnke said there are locations from which debris still needs to be removed and encouraged residents to work with FEMA or the Department of Public Works.

Mayor Rasmussen:
• Rasmussen reported that the City was recognized at the Blue Zones Summit for the decrease in smoking among residents.
• Announced that Downtown business owner, Gilbert Johnson is hosting the ‘4th Annual Chapel Comics Halloween Event.’ The event goes from 12 noon to 5PM; the event includes a party, pumpkin painting, face painting, caricature artists, food and prizes. The public is invited.
• Announced the Budget Town Hall meeting on Tue, Oct 25th at 6:30 PM, Thorne Crest Retirement Center, in the Theater room. The public is invited.

CITY MANAGER REPORT
Adams reported that Gallup and the Robert Wood Foundation each recognized the decrease in smoking among residents in Freeborn County. He informed Council that after the road diet along Broadway, crashes decreased from 12 to three. The City’s work in downtown was recognized at the Blue Zones Summit as well. He noted that Blue Zones is the topic in National Geographic this month. Albert Lea is mentioned in the issue. The Blue Zones team began conversation with the Police Department about a bike safety initiative.

He informed Council that the Freeborn Bank Building development did not receive tax credits from the state. He stated a reason for this might be that the Minnesota State Legislature did not pass a bonding bill. He will discuss future plans for the building with Council at the next work session.

Marin thanked Adams for working with the Blue Zones team on the bike safety initiative.

APPROVAL OF CLAIMS
A. Resolution 16-230 Approving Contract with Councilmember Schulte

The attached resolution directs the Mayor and City Clerk to make payment in the amount of $150.00 on behalf of the City for a claim from Jones, Haugh & Smith and to issue payment for filing the affidavit of official interest by the interested official, Councilor Schulte.
Motion made by Councilor Brooks, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Baker, Marin, Olson, Anderson, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion passed. Councilor Schulte abstained.

(See Secretary’s Original Resolution 16-230 included with these minutes.)

B. Resolution 16-231 Approving Claims
(1). Presentation of Claims Over $25,000

The resolution directed the Mayor and City Clerk to issue the payment of claims as presented in the Detail of Claims report. Adams highlighted the claims over $25,000.

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

(See Secretary’s Original Resolution 16- 231 Include with these minutes.)

ADJOURNMENT – 8:05 PM

Motion made by Councilor Marin, 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, November 14, 2016. 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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Daphney Maras
Council Secretary Pro Tem