February 28, 2022 | City of Albert Lea

REGULAR MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
February 28, 2022 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 Ian Rigg, Public Works Director Steven Jahnke, City Attorney Kelly Martinez, Finance Director Kristi Brutlag, and City Clerk Daphney Maras.

CEREMONIAL ITEMS – None

PUBLIC FORUM – No One Spoke

Mayor Rasmussen read through each item on the Consent and Approval Agenda.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes of The February 14, 2022 Regular Council Meeting
B. Approve Minutes of The February 14, 2022 Work Session
C. License & Permits
D. Resolution Approving Replacing the Shingled and Flat Roof for West Water Plant
E. Resolution Approving Purchase of Street Department Truck Mounted Compressor
F. Resolution Approving Purchase of Utility Department Leak Correlating Equipment
G. Resolution Approving Plans and Specifications and Ordering Advertisement of bids for the 2022 State Aid Street Overlay Project (Job 2202)
H. Council Letter of Support from The Albert Lea City Council Regarding City Clerk
Daphney Maras Application to Serve 2nd Term in the Position of Region VI Director of The Municipal Clerks and Finance Officers Association of Minnesota (MCFOA)

Motion made by Councilor Baker to approve the consent agenda as read, 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 22-032 through 22-035
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS
A. Appeal of Dock Space Dedication

Rigg explained that he sent a letter on February 10, 2022 to three residents who would be impacted by two requests from residents for riparian designation changes. Rigg spoke of the importance of remaining consistent with the current ordinance which states “A riparian dock will be assigned the dock space located closest to the property’s boundaries.” After reviewing the requests and determining the accuracy of locations for the dock spaces, it was determined that the closet dock spaces are to the following addresses:

Address 1323 Lakeview Blvd. the closest dock space is #316 over #74
Address 1405 Oakwood Dr. the closest dock space is #317 over #316
Address 1409 Oakwood Dr. the closest dock space is #318 over #317

Given all three addresses have a riparian right to the closest available dock, the following changes were concluded. In addition, the residence of the three addresses listed above were invited to attend tonight’s council meeting to appeal should they so choose:

Dock space #317 is no longer available a s community dock space.
1323 Lakeview Blvd. will be assigned dock space #316
1405 Oakwood Dr. will be assigned dock space #317
1409 Oakwood Dr. will have to keep its current assignment of #318

Mayor Rasmussen invited anyone in the audience present to speak on this subject.

• Bob Knutson lives at 1323 Lakeview Blvd. He was present and spoke of dock space #316
• Francisco Visedo lives at 1405 Oakwood Drive. He was present and spoke of his desire to continue to rent dock space #316
• Stu Rieman lives in Austin. He was present and has rented dock space #317 for many years. He spoke of his continued interest in keeping that dock or, at the very least, be assigned one near that one.
• Pamela Butler lives at 1409 Oakwood Dr. She was not present but sent a letter that Clerk Maras read aloud regarding her desire for dock #317.

Council and staff exchanged lengthy dialogue related to dock spaces current and historically assigned as well as an overview of the current dock ordinance. Baker requested a suitable dock space be arranged for Mr. Rieman.
Mayor Rasmussen mentioned his support to City Manager Rigg in following the ordinance to the best of his ability. He reminded the community that these docks are City property and all boat dock renters should appreciate that they have the ability to rent a dock space at all.
Councilor Baker made a motion to affirm the dock dedication decision made by City Manager Rigg based off his interpretation of the City of Albert Lea dock ordinance, deny all appeals, and to work with Mr. Rieman to find him a suitable dock space. Councilor Howland seconded the motion. Upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, and Mayor Rasmussen, Jr.;
And the following voted against the same: Councilor Olson, Rasmussen, and Brooks. Mayor Rasmussen declared the motion passed.

UNFINISHED BUSINESS – None

NEW BUSINESS
A. Public Hearing Regarding Improvement and Preparation of Plans for the Pillsbury Avenue and Freeborn Avenue Reconstruction Project (Job 2201)

Rigg announced a public hearing was held for public input for City Job No. 2201. Mayor Rasmussen opened the public hearing. He called three times. No one spoke. Mayor Rasmussen closed the public hearing.

A1. Resolution 22-036 Ordering Improvement and Preparation of Plans for the Pillsbury Avenue and Freeborn Avenue Reconstruction Project (Job 2201)

Rigg explained the proposed project calls for the complete reconstruction of portions of Pillsbury Avenue and Freeborn Avenue (approximately 1,799 total feet). Proposed work will include complete removal and replacement of the pavement, curb & gutter, sidewalk, sanitary sewer, storm sewer, and watermain. The existing concrete and bituminous pavements will be removed and replaced with a bituminous surface. The streets are:

• Pillsbury Avenue – Johnson Street to Sheridan Street
• Freeborn Avenue – Ramsey Street to Sheridan Street

Assessments will be levied to the benefiting properties based upon constructing the street back to its existing width configuration with the City minimum standard of 4 inches of bituminous over 8 inches of aggregate base. The proposed preliminary assessment rate is $139.73 per front foot.
Per the Assessment Policy, the assessments for sidewalk replacement is based on 25% of the replacement costs. The proposed assessment rate for the sidewalk is $3.16 per square foot.
There are 66 properties proposed to be assessed as part of this project. A preliminary assessment roll is attached to this report. This project is somewhat unique in that all the properties are the same size and have the same amount of footage to be assessed. None of the properties have their side yard facing the project, so no side credits will be applied. Because of this, all 66 properties will be assessed the same proposed amount of $7,776.50.
Following the assessment policy, the assessments will be over 10 years. The interest rate will be based on bonding in 2022.
The estimated project cost is $1,941,785.35 and would be paid for with assessments, sanitary sewer funds, water funds, and City funds. The neighborhood meeting was held February 22, 2022 to discuss the project with the affected residents.
Olson commented he attended the neighborhood meeting and the residents spoke in support of this project.
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 22-036
Included with these minutes)

B. Resolution 22-037 Authorizing Execution of Minnesota Department of Transportation Grant Agreement for Federal Airport Expenses Reimbursement

Rigg explained the Albert Lea Municipal Airport recently received a $32,000 Federal Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Grant. In order to receive reimbursements under the CRRA Program, MnDOT and the City of Albert Lea need to execute an Agency Agreement. The Agency Agreement augments the FAA grant and allows the MNDOT Office of Aeronautics to make payments under the FAA grant per the channeling arrangement. Staff recommends approving the Resolution in order to seek reimbursement.

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 22-037
Included with these minutes)

C. Resolution 22-038 Approving Plans and Specifications and Ordering of Bids for the City Arena EDPM roof.

Plans and specifications have been prepared for the replacement of the City Arena ethylene propylene diene terpolymer (EDPM) roof.

The project will replace the EDPM roof that was installed in 1994. The proposed project involves: Demolition of existing adhered EPDM roof membrane, metal flashing, and accessories. Inspection and replacement of existing insulation as needed. Provide new mechanically fastened cover board, fully adhered EPDM, and all associated blocking, flashing and trim.

The engineers estimated project cost is $822,825.00. The City would bond for this project. The contract for WSB engineering services for specs and drawings is $27,000.00. The plans and specifications have been completed and have been presented to the Council for approval and authorization of bidding. The advertisement of bids would be tentatively scheduled for March 7th 2022. The bid opening is tentatively scheduled for April 4th 2022.
Staff recommends approving the plans and specifications and authorization of bidding the project.
Rigg noted while this project was scheduled in the Capital Plan, the bid at that time was from older and inaccurate numbers from contractors who provided an estimate of $475,000. The cost of this project may have been drawn higher with the interruption in supply chain and COVID.
Recreation Supervisor Bob Furland displayed a slideshow depicting photos of the current condition of the roof. Furland clarified for Howland that the estimate of $822,825 is not to repair the entire roof, but rather only a portion of it.
Murray and Howland emphasized the sticker shock on the Engineer’s estimates of this project. Murray encourages staff to secure a lower bid.
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 22-038
Included with these minutes)

D. Resolution 22-039 Approving Plans and Specifications and Acknowledging Advertisement of Bids for the 2022 Albert Lea Airport Pavement Rehabilitation project (Job 2205)

An Airport runway pavement preservation project is included in the Capital Improvement Program. The City has hired Mead and Hunt Inc. to prepare these plans and specifications.
This proposed project involves; asphalt crack routing; cleaning and sealing; full depth asphalt mill and overlay in sections of the parking lot; pavement marking removal; emulsified asphalt seal coating; and new pavement marking on the following runways:

Primary Runway 17/35
Crosswind Runway 5/23

The estimated project cost is $591,970 and would be paid for with Federal, State and Local funds. A grant will be prepared after the bids are opened. The plans and specifications have been completed and have been presented to the Council for approval and acknowledgement of bidding.

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 22-039
Included with these minutes)

E. Resolution 22-040 Approving Law Enforcement Agreement between the City of Albert Lea and City of Clarks Grove

The attached agreement authorizes the City of Albert Lea to perform certain services in the City of Clarks Grove, Minnesota. This will enable the City of Albert Lea Police Department staff to work on various types of investigations and enforcement to ensure compliance with the City of Clarks Grove’s ordinances.

Rigg emphasized the three municipalities, Clarks Grove, Alden, and Conger will reimburse the City each time City of Albert Lea officers are called to respond. No time will be taken away for the officer’s regular duties.

Motion made by Councilor Howland, 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 22-040
Included with these minutes)

F. Resolution 22-041 Approving Law Enforcement Agreement between the City of Albert Lea and City of Conger

The attached agreement authorizes the City of Albert Lea to perform certain services in the City of Conger, Minnesota. This will enable the City of Albert Lea Police Department staff to work on various types of investigations and enforcement to ensure compliance with the City of Conger’s ordinances.

Motion made by Councilor Murray, 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 22-041
Included with these minutes)

G. Resolution 22-042 Approving Law Enforcement Agreement between the City of Albert Lea and City of Alden

The attached agreement authorizes the City of Albert Lea to perform certain services in the City of Alden, Minnesota. This will enable the City of Albert Lea Police Department staff to work on various types of investigations and enforcement to ensure compliance with the City of Alden’s ordinances.

(See Secretary’s Original Resolution 22-042
Included with these minutes)

H. Resolution 22-043 Authorizing Contract with Utility Service Partners Private Label, Inc. and Amending Fee Schedule for 2022

Rigg said staff is recommending entering into a contract with SLWA to provide a Protection Plan for Home Service Lines. This plan would cover residential water lines from the house to the curb stop and Sewer lines from the house to the trunk main, with a maximum of $8,500 per occurrence per line. This is an opt out program – i.e. all residential customers will be included in the plan unless they opt out. The cost of the program is $5.13 and staff is recommending the fee be set at $5.50 generating approximately $2,200/month to cover administrative costs (assuming 6000 participants in the program). Staff will be working on a communication timeline with start of the program to be targeted for July/August of 2022.
Rigg added the contract is an annual renewal over a five-year period. Howland suggests staff work diligently to help residents understand this is an “opt-out” program.

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

(See Secretary’s Original Resolution 22-043
Included with these minutes)

I. Resolution 22-044 of the Albert Lea City Council Making a Positive Declaration on the Completeness and Publication of an Environment Assessment Worksheet (EAW) for the Proposed Demolition of Buildings Located at 324 and 332 Broadway Avenue

The City of Albert Lea is proposing the demolition of two buildings, located downtown at 324 and 332 Broadway Avenue. These buildings are owned by the City, and are currently vacant, but are located within the National Register of Historic Places listed Albert Lea Commercial Historic District. The structures are structurally deficient, unsafe, and uninhabitable. City Staff, Licensed Engineer, and Licensed Architect agree that these structures are in state of deterioration that any rehabilitation is infeasible.

The State of Minnesota, Environmental Quality Board requires the RGU prepare and submit an Environmental Assessment Worksheet
4410.4300 MANDATORY EAW CATEGORIES.
Subd. 31. Historical places.

For the destruction, in whole or part, or the moving of a property that is listed on the National Register of Historic Places or State Register of Historic Places, the permitting state agency or local governmental unit is the RGU, except this does not apply to projects reviewed under section 106 of the National Historic Preservation Act of 1966, United States Code, title 54, section 306108, or the federal policy on lands, wildlife and waterfowl refuges, and historic sites pursuant to United States Code, title 49, section 303, or projects reviewed by a local heritage preservation commission certified by the State Historic Preservation Office pursuant to Code of Federal Regulations, title 36, sections 61.5 and 61.7. This subpart does not apply to a property located within a designated historic district if the property is listed as “noncontributing” in the official district designation or if the State Historic Preservation Office issues a determination that the property is noncontributing.

MAYOR AND COUNCIL REPORTS
First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Echoed Councilor Olson’s appreciation to Jeanne Leick. He and ALEDA Director Phillip Johnson met with businesses in Albert Lea to extend appreciation for their services. The businesses report the main issues facing employers is housing, education and training, and hiring. He also met with Innovance of Albert Lea and described their history in the community.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee – None. Thanked HRA Director Jeanne Leick for her work at the HRA.

Third Ward, Councilor Howland reported:
• Ward Item – Responded to a Ward issue regarding a hazardous structure.
• Committee – None

Fourth Ward, Councilor Olson reported:
• Ward Items – Attended the neighborhood meeting for the Pillsbury and Freeborn Avenue reconstruction project.
• Committee Update – Attended an HRA meeting. Announced the resignation of HRA Director Jeanne Leick. He extended his appreciation for her excellent work and dedication. Congratulated the Girls high school Hockey team for making it to the State Tournament as well as the individual high school wrestlers.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Attended a Library Board meeting. Reported the extended hours are going over well. Described the kits available to checkout, and the new monthly newsletter. They also reviewed the 2021 MN Library Report.

Sixth Ward, Councilor Brooks reported:
• Ward Items – None
• Committee Update – None

MAYOR’S REPORT

• Mentioned the Council/Staff annual retreat on Saturday, March 5th at the Fire Station
• He and Councilor Baker will be going to the State Capital on Wednesday to meet with local legislators and encourage support for funding of the WWTP

CITY MANAGER REPORT
• Mentioned the Special Council Meeting scheduled to follow the Council/Staff annual retreat on Saturday to approve a resolution in support of a grant application for the proposed All Inclusive Park
• Spent last Saturday in St. Paul meeting with Senators and other legislators to discuss the WWTP bonding bill
• Participated in seven interviews to fill the position of Administrative Assistant/Deputy Clerk

APPROVAL OF CLAIMS

A. Resolution 22-045 Approving Claims
(1). Presentation of Claims Over $25,000

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

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

(See Secretary’s Original Resolution 22-045
Included with these minutes)

ADJOURNMENT – 7:53 P.M.

Motion made by Councilor Murray, 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 14, 2022. 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