February 25, 2019

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, February 25, 2019, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen, Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Robert Rasmussen, Reid Olson and Al Brooks. Also present were City Manager Chad Adams, City Engineer Steven Jahnke, City Attorney Kelly Martinez and City Clerk Daphney Maras.

PUBLIC FORUM – Gary Hagen asked that council provide more communication and detail when the city purchases or sells property to facilitate the Fire Station property.

CEREMONIAL ITEMS – Mayor Rasmussen presented a plaque to outgoing Board Member Robert Hoffman for his service on the Heritage Preservation Commission from 2013-2018.

CONSENT AND APPROVAL OF AGENDA –
Mayor Rasmussen read through each item on the council agenda noting item A under Petitions, Requests, and Communications, will be postponed as the speaker was not able to attend due to inclement weather.

A. Approve Minutes of The February 11, 2019 Regular Council Meeting
B. Approve Minutes of The February 11, 2019 Work Session
C. Licenses & Permits (None requested)
D. Resolution Authorizing City of Albert Lea And Albert Lea Township to Enter Into Agreement For Fire Protection Services
E. Resolution Authorizing City of Albert Lea And Pickerel Lake Township to Enter into Agreement For Fire Protection Services
F. Resolution Authorizing a Construction Award/Grant Agreement and Easement Agreement With Camlyn Holdings LLC
G. Resolution Supporting Freeborn County Application to Minnesota Local Road Improvement Program
H. Approve 2019 Pesticide Application Contract with Mosquito Control of Iowa
I. Approve Purchase of Two Single Axle Street Department Trucks
J. Schedule Concurrent Session Between The City of Albert Lea and Freeborn County For March 7, 2019 At 5:30 PM – Freeborn Room

Motion made by Councilor Baker to approve the consent agenda with the removal of item A – Adopt a Drain Program under the Petitions, Requests and Communications. Motion 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 19-026 through 19-029 included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS

A. Adopt A Drain Program–Claire Rabine, Green Corps – POSTPONED UNTIL MARCH 11TH
B. Tobacco 21 Ordinance – Public Comment – No One Spoke

UNFINISHED BUSINESS

A. Ordinance 221,9d Amending Chapter 22, Article XIII, Sec. 22-502 Tree Service License Requirements And Regulations (2nd reading)

The first reading of this ordinance was held at the February 11th City Council meeting. The final reading would amend tree service license requirements and regulations. General requirements for licensing would include all persons and businesses to be registered with the Minnesota Commission of Agriculture, provide a certificate of registration issued by the Commissioner of Agriculture and provide a certificate of public liability insurance for coverage concurrent with the license term. All persons and businesses must comply with complete licensing requirements and regulations as listed in Sec. 22-502 License Requirements & Regulations.

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.

Councilor Brooks asked that the tree ordinances be shared with the businesses.

(See Secretary’s Original Ordinance 221,9d (2nd reading) included with these minutes)

B. Ordinance 222,9d Establishing Chapter 22, Article XIII, Sec. 22-503 Through 22-506 Regarding Tree Service License Requirements and Regulations (2nd reading)

The first reading of this ordinance was held at the February 11th City Council meeting. This ordinance addresses requirements and regulations for trees located in the boulevard or on public property in the city. It addresses shade tree pests and disease, damage and trimming trees in the boulevard as well as other violations.

Howland asked for an explanation of the amended ordinance versus the new ordinance. Adams deferred to the City Clerk. Maras explained new language was added to educate licensees and help protect the trees in the community.

Motion made by Councilor Brooks, seconded by Councilor Murray. 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 Ordinance 222,9d (2nd reading) included with these minutes)

NEW BUSINESS

A. Resolution 19-030 and Public Hearing Ordering Improvement and Preparation of Plans for the Clausen Avenue, High Street, Sheridan Street, Giles Place and Alley Reconstruction Project (Job 1901)

Jahnke displayed a PowerPoint showing highlights of the February 21, 2019 Neighborhood Meeting. The highlights included the proposal, estimated assessments and background for this project. He also said approximately 30 boulevard trees have been identified for removal as part of this project by City staff.

Jahnke explained the existing alley surface is mostly gravel with some bituminous paving at either end to prevent washing and reduce maintenance. If Council accepts the feasibility report, Engineering intends to reach out to the seven properties along the alley to determine their support for paving the alley with a concrete surface, and would provide information to Council to decide at the time of the Public Improvement Hearing. For purposes of this report, the costs for the concrete alley option are assumed (the proposed assessment rate for installing the concrete alley surface is $42.96/foot). If there is not support for the concrete alley option, and Council decides to move forward with the gravel surface option, there would be no assessments for the work along the alley.

Olson asked why all the roads should be repaired now if some roads seem to be satisfactory for a few more years. Jahnke explained the age of the infrastructure and the cost savings of repairing financially justifies proceeding with all the repairs at one time.

Baker asked about the 30 trees that are being removed and when or if they will be replaced. Jahnke said the trees will be replaced in 2020.

Mayor Rasmussen opened the public hearing.

Charles Paczkowski had questions regarding the size of the tile being used for the storm sewer for this project. Jahnke said he did not have that information readily available, but offered to call him with the data. Paczkowski thanked City staff for putting this project together, and is looking forward to curb and gutter in front of his home. He said he appreciates the increase in the value of his home this project will bring.

Jerry Bizjak stated he thinks Sheridan Street has more life left in it. He said in the 5½ years he has lived on this street, he has experienced no problems. He mentioned there are three homes for sale on his block and these assessments may hinder the sale. Bizjak is concerned that this project may take much longer than anticipated if there are construction contract issues and questions the necessity for this reconstruction project.

Mayor Rasmusson Jr. called a second time.

Richard Weller asked if his sump pump would be able to be hooked into the new storm sewer based on its location outside of his basement. He said in the winter when water is being pumped, the water freezes in the street and causes a danger. Jahnke said they are going to look into this as there may be a possibility to hook it in to the new storm sewer.

Mayor Rasmussen called a third time. No one else spoke.

Motion made by Councilor Olson, 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 19-030 Included with these minutes)

B. STABLES AREA – The following resolutions would authorize Minnesota Public Facility Authority (PFA) Bonds for the construction of publicly owned drinking water distribution facilities and the construction of sewer collection system for the NW Sewer and Water Extension Improvements – Stables Area (Job 1702):

1. Resolution 19-031 Accepting The Offer Of The Minnesota Public Facilities Authority To Purchase A General Obligation Improvement And Sewer Revenue Note, Series 2019A, In The Original Aggregate Principal Amount Of $1,141,297; Providing For Its Issuance; And Authorizing The Execution Of A Bond Purchase And Project Loan Agreement.

The estimated Sewer project costs are $2,141,297. The City received a Water Infrastructure Fund Grant – Clean Water of $1,000,000. The PFA Bond of $1,141,297 will be repaid with $638,297 of assessments and the City and County portion of the project is $503,000. The interest rate on the bond is 1% and payable over 25 years.

Motion made by Councilor Brooks, seconded by Councilor Murray. 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 19-031 Included with these minutes)

2. Resolution 19-032 Accepting The Offer Of The Minnesota Public Facilities Authority To Purchase A General Obligation Improvement And Water Revenue Note, Series 2019B, In The Original Aggregate Principal Amount Of $466,767; Providing For Its Issuance; And Authorizing The Execution Of A Bond Purchase And Project Loan Agreement

The estimated water project costs are $1,308,420. The City received a Water Infrastructure Fund Grant-Drinking Water of $841,653 – the PFA Bond of $466,767 will be repaid with assessments. The interest rate on the bond is 1% and payable over 25 years.

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 19-032 Included with these minutes)

3. Resolution 19-033 Awarding Contract For NW Sewer and Water Extension Improvements – Stables Area Including Country Club Road – Job 1702

Bids were opened on Tuesday, November 20, 2018 for the NW Sewer & Water Extension Improvements – Stables Area Including Country Club Road Project. Bids were accepted on November 26, 2018 (Resolution 18-205). The low bid was sent to the Minnesota Public Facilities Authority to be reviewed for grant and loan funding. This project provides sanitary sewer and water to the Stables area, properties along Country Club Road and accommodates a future extension of the sanitary sewer and watermain north along CSAH 20 to the West Plaza Area. Roadways being reconstructed as part of this project include Belgrade Drive, North Trail, East Trail, West Trail, Elm Street & Country Club Road. With the funding now in place, Engineering is recommending awarding the low bid of $3,048,901.77 as submitted by Holtmeier Construction Inc. of Mankato, Minnesota

Murray asked the start date and duration of this project. Jahnke said the project will take all summer with completion in October with the final pavement completion in early summer of 2020.

Mayor Rasmussen thanked County and City staff for the work involved in bringing this project to this point.

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 19-033 Included with these minutes)

C. Resolution 19-034 Approving Issuance of Tax Increment Revenue Note, Series 2015 – St. John’s Lutheran Home

Resolution 15-64 adopted 3/23/15 approved the private redevelopment agreement between the City Of Albert Lea And St. John’s Lutheran Home of Albert Lea, to facilitate redevelopment of the St. John’s real property and to enable water and sewer to be provided to the development. This resolution approves the issuance of the Taxable Tax Increment Revenue Note, Series 2015 in the amount of $1,522,242.70.

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 19-034 Included with these minutes)

D. Resolution 19-035 Accepting Bids And Awarding Contract For 2019 Fire Station Demolition Project

Engineering and Inspection has reviewed the bids opened Wednesday, February 20, 2019 for the 2019 Demolition project. The project calls for the demolition of all structures and surfaces within the Fire Station project area. Ten bids were received. Staff is recommending the low bid of $52,500 as submitted by Generation X Construction of Rushford, Minnesota.
Councilor Rasmussen commented on the number of bids and the final bid that was awarded.
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 19-035 Included with these minutes)

E. Resolution 19-036 Approving Purchase Of Real Estate From Lourdes Rosado Ortiz And Jose Luis Cofresi Pacheco By City Of Albert Lea

A Purchase Agreement was prepared and approval sought for the purchase of property at 406 Elizabeth Avenue from Lourdes Ortiz and Jose Cofresi Pacheco for construction of the fire station. The acquisition amount is $20,000, and the City will be covering transaction fees. In addition, the City may, in the future, consider a mortgage to the property owners to help with relocation expenses.
To Baker’s question, Adams explained, more specifically, the mortgage could be to assist the homeowner with a down payment on a new home.
Adams clarified the mechanisms in place in providing mortgages to the sellers of these properties and ultimately receiving the full value of these homes if the property were to be sold.
Motion made by Councilor Olson, 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 19-036 Included with these minutes)

F. Resolution 19-037 Approving Sale of Real Estate From Housing & Redevelopment Authority To Lourdes Rosado Ortiz and Jose Luis Cofresi Pacheco

The Housing & Redevelopment Authority (HRA) owns property located at 209 Charlotte Avenue. The HRA is seeking to sell this property to allow for the acquisition of property located at 220 East College Street. The sale and acquisition of these properties provides the HRA with a unit that more efficiently and effectively provides for the needs of low-income housing. Only 8% of current HRA housing are 4 bedroom units. The 220 East College Street (4 bedroom) residence, located near the downtown, meets the needs of larger families and provides greater access to public transportation, employment opportunities and public services. Staff recommends approval of the sale of 209 Charlotte Avenue and purchase of 220 East College Street.

Howland asked the purchase price. Adam responded it is $62,500.
Motion made by Councilor Olson, 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 19-037 Included with these minutes)

G. Resolution 19-038 Approving The Sale of Real Estate From City of Albert Lea To Housing & Redevelopment Authority – 220 E. College Street.

The attached resolution approves the sale of 220 E. College Street from the City of Albert Lea to the Housing & Redevelopment Authority at a cost of $62,500.

Motion made by Councilor Olson, 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 19-038 Included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – Mentioned how pleased he is that the Stables project is moving forward. Received a call from a constituent about putting flags on the Fire Hydrants. He commended the Street Department for their long hours on snowplowing.
• Committee Update – Attended an HRA meeting prior to the Council Meeting tonight. Met with the new Executive Director Phillip Johnson of ALEDA.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended the HRA board meeting. Attended Legislation Day last week where he spoke with Rep. Peggy Bennett about restoring the LGA levels to the 2002-2003 level and other issues affecting our City now and in the future.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Attended the Parks & Recreation Board meeting last week where they discussed potentially changing policy at the public pool regarding the hours of operation. Also discussed exploring the potential of E-gaming. Exploring costs for equipment and the interest for adults and children. Discussed the ordinance affecting snow removal and removing snow from the fire hydrants, Carol Marth of the Senior Center discussed the events at the Senior Center and they may be looking at re-branding themselves.

Fourth Ward, Councilor Olson reported:
• Ward Items – Attended the neighborhood meeting regarding road construction project Job 1901. Received phone calls from constituents in the area regarding this project.
• Committee Update – Attended the HRA meeting.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Will be attending the Library Board meeting.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Snow removal comments from constituents.
• Committee Update – Attended the HRA meeting prior to this council meeting.

MAYOR REPORT – Attended the Senior Center Board Meeting. Met with the MPCA regarding the new mandates including phosphorus limits and finding ways to move forward to secure the permit.

Thanked the staff for their snow removal efforts and commented on the great job they are doing. He reminded the community that the Street Department will eventually be working on removal of big snow banks.

Asked the community to volunteer to help with the Governor’s Fishing Opener in May.

CITY MANAGER REPORT:
Adams spoke of the Legislative Day he and Councilor Baker attended recently. He said discussion included workforce and affordable housing programs, as well as new housing funding. Discussed the 2020 bonding bill including the Blazing Star Landing, flooding funding and other local projects. He will bring some of this to the council/staff retreat next Thursday. Spoke of the strong team at the League of Minnesota Cities who provide the City with action alerts advancing throughout the legislature.
APPROVAL OF CLAIMS

Resolution 19-039 Approving Contract With Councilmember Brooks
The attached resolution directs the Mayor and City Clerk to make payment in the amount of $342.97 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 Baker, 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. Brooks abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 19-039
included with these minutes)

Resolution 19-040 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. In addition, Adams displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

Motion made by Councilor Howland to approve payment of claims as presented for checks #70787 through #70935 in the amount of $679,401.45. 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 19-040
Included with these minutes)

ADJOURNMENT – 8:01 PM

Motion made by Councilor Murray, seconded by Councilor Howland, 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 11, 2019. 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/___________________________
Daphney Maras
Secretary of the Council