February 14, 2022 | City of Albert Lea

REGULAR MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
February 14, 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, Finance Director Kristi Brutlag, and City Clerk Daphney Maras.

City Attorney Kelly Martinez attended via Zoom

CEREMONIAL ITEMS

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 January 24, 2022 Regular Council Meeting
B. Approve Minutes of The January 24, 2022 Work Session
C. License & Permits
D. Resolution Accepting Donation – Jensen Excavating & Trucking, LLC
E. Resolution Approving Purchase of Turn Out Gear
F. Motion to approve 2022 and 2023 Pesticide Application Agreement (Job 2206)
G. Resolution Calling a Public Hearing at 7:00 PM, March 14, 2022 for the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103)
H. Resolution Approving Street Department Vehicle Hoist Replacement

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 22-021 through 22-024
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Ordinance 22-069 Repealing Ordinance 21-065 Amending Zoning & Land Use Map for Property Annexed from AL Twp. (2nd Reading)

The final reading of this ordinance would repeal Ordinance 21-065 to correct the deficiency as to the accuracy of the legal descriptions regarding the orderly annexation.

Motion made by Councilor Baker to approve the second reading of this ordinance, 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. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 22-069
Included with these minutes)

B. Public Hearing Regarding the WWTP Facility Plan (Job 2108)

Mayor Rasmussen opened the public hearing.

Dave Nechanicky presented with questions regarding the proposed updates to the WWTP project.

Mayor Rasmussen called two more times. No one spoke. Mayor Rasmussen closed the public hearing.

B1. Resolution 22-025 Approving the WWTP Facility Plan (Job 2108)

Rigg stated a public hearing is being held for public input for the Wastewater Treatment Plant Faculty Plan. The plan was prepared by Bolton & Menk Inc.

Information regarding various treatment alternatives considered, the reasons for choosing the selected alternative, the location of the proposed project site, and the estimated wastewater service charges will be discussed at the hearing.

After the public hearing is closed a resolution is being submitted for adoption of the facility plan and authorization of submittal of the plan to the Minnesota Pollution Control Agency for review and approval.

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 motion passed.

(See Secretary’s Original Resolution 22-025
Included with these minutes)

NEW BUSINESS

A. Public Hearing Regarding Improvement for the 2022 State Aid Street Overlay Project – Job 2202

Rigg explained this proposed project involves the bituminous mill & overlay and miscellaneous curb & gutter replacement on the following streets:

Hammer Road – Bridge Avenue to Sorensen Road (CSAH 45)
Richway Drive – Bridge Avenue to Garfield Avenue
Richway Drive from Bridge Ave to Garfield Ave and Hammer Road from Bridge Ave to the Union Pacific Railroad were constructed in 1999 and have not been overlaid. It is proposed that a 6-foot width of the existing bituminous will be milled along each concrete gutter line so the new bituminous layer will match the level of the concrete gutter. A 2-inch layer of new bituminous will then be laid over the entire width of the street. Work will also include replacing damaged or settled sections of curb & gutter in order to improve the street drainage. Since the curb & gutter is less than 25 years old, all curb & gutter work will be considered warranty work and will not be assessed in accordance with the Assessment Policy.
Hammer Road from the Union Pacific Railroad to Sorensen Road was resurfaced in 1997 and has not been overlaid since. Proposed work includes:
• Replacement of three centerline culverts
• Mill the existing bituminous surface 2” deep the entire width
• The wheel paths in some areas are more deteriorated than the rest of the pavement. These areas will be milled an additional 2” and patched
• Place a new 2” bituminous overlay over the entire surface

The City costs are for side yard credits, work in the intersections, and for work along City-owned property. The sanitary sewer costs are for repairs to manholes that will be completed as part of this project and done prior to placement of the overlay.

Typically, Engineering has tried to extend the life of the roadways by performing an overlay between year 20 and 30 and every 15 to 25 years thereafter. The goal is to extend the life of the roadway to approximately a 75-year life. This is the estimated life of the underground utilities.

The total centerline footage of the project is approximately 9,390 linear feet (1.78 miles). Other recent State Aid Street overlay areas had total centerline footages of 9,303 ft. in 2018; 1,896 ft. in 2015; 9,303 ft. in 2014; and 3,941 ft. in 2013.

There are 45 properties to be assessed as part of this project (16 along Hammer Road and 29 along Richway Drive). Additionally, there are nine properties along Hammer Road that are currently outside of City limits and cannot be assessed by the City. The assessments for these properties will be “Held for Future.” If any of these properties are annexed in the future, the assessments would be levied at that time.

Most of the properties along Hammer Road are quite large and some would result in inordinately large assessments if the City were to follow the normal process outlined in the Assessment Policy. Our assessment policy is not designed for this type of property and we are recommending an appraisal before the final assessment hearing this fall. In 2016 an appraiser determined that large agricultural lots be capped at 5% of the property’s value, and large rural residential acreages be capped at 10% of the property’s value. The current assessment role is for the entire amount following our policy but after the appraisal we believe several of these properties will be reduced consistent with how large agricultural and rural residential properties have been assessed for past projects.
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 $787,993.80 and would be paid for with assessments, held for future assessments, and Municipal State Aid Funds. Staff recommends approval.

Mayor Rasmussen opened the public hearing.

Karen Smed spoke of the proposed special assessments against family owned property along Hammer Road.

Mayor Rasmussen called two more times. No one else spoke. He closed the public hearing.

A1. Resolution 22-026 Ordering Improvement and Preparation of Plans for the 2022 State Aid Street Overlay Project – Job 2202

Rigg outlined the background of this item during the public hearing.

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 22-026
Included with these minutes)

B. Public Hearing Regarding Designating Unincorporated Area in Need of Orderly Annexation (Ulve)

Rigg said Todd and Julie Ulve live in Albert Lea Township and petitioned the City for annexation and connection to city sewer and water. A Joint Resolution has been prepared setting forth the terms and conditions for annexation and an ordinance has been prepared providing a zoning designation of Single-Family Residence District (R-1). In order to facilitate construction of a new residence, the property owners are requesting to connect to the City sewer and water which were installed in 1998.

Mayor Rasmussen opened the public hearing. He called three times. No one spoke. Mayor Rasmussen closed the public hearing.

B2. Resolution 22-027 Approving Annexation Designating Unincorporated Area in Need of Orderly Annexation (Ulve)

Rigg explained the purpose of the annexation during the public hearing.

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 22-027
Included with these minutes)

C. Ordinance 22-071 Amending Zoning & Land Use Map_Property Annexed from AL Twp.- Ulve (1st Reading)

On November 30, 2021, Todd and Julie Ulve petitioned the City for annexation and connection to city sewer and water. In order to facilitate construction of a new residence, an ordinance has been prepared providing a zoning designation of Single-Family Residence District (R-1) for the property. Staff recommends approval of the Ordinance Amending Zoning and Land Use Map for the Property Annexed.

(See Secretary’s Original Ordinance 22-071
Included with these minutes)

D. Resolution 22-028 Accepting Bid & Awarding Contract for E. Main Street Rehabilitation &Trail Project (Job 1805)

Engineering and SRF Consulting Group Inc. have reviewed the bid opened Tuesday, January 18, 2022 for the East Main Street Rehabilitation & Trail Project. The project involves a bituminous mill and overlay of the existing roadway. A shared user trail will be installed along the south side of the road for the entire project length and will tie into the proposed trail that MnDOT will be installing as part of their project on TH-65.
Also included are stormwater improvements including construction of a stormwater retention pond, storm sewer installation, and drainage improvements. These improvements replace an existing private storm line that is currently at the end of its life and running under private properties. The new storm system will be in the right of way.

Engineering received one bid. Engineering is recommending the low bid of $3,205,990.47 as submitted by Ulland Brothers Inc. of Albert Lea, Minnesota. The bid abstract is attached. The Engineer’s estimate was $2,742,788.40. The bid was higher mainly because of two items. The bituminous paving price, stormwater jack, and boring prices were significantly higher than the engineers estimate.

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 22-028
Included with these minutes)

E. Resolution 22-029 Authorizing Cooperative Construction Agreement with MNDOT for the TH-65 Resurfacing & Flood Mitigation Project (Job 1806)

Rigg stated this item would authorize the Mayor and City Manager to execute a cooperative construction agreement (MnDOT Contract No. 1048725) with the Minnesota Department of Transportation for the TH-65 Resurfacing & Flood Mitigation Project, Job No. 1806.
This project is on TH-65 (E. Main Street) from Newton Avenue to I-35. Work includes bituminous mill & overlay, road raise and new bituminous pavement, shared user trail construction, storm sewer and other flood mitigation features, intersection improvements, and City-owned watermain and sanitary sewer replacement.

The agreement provides for payment to the State of the City’s share of the costs of ADA improvements, trails, utilities, lighting, signal system, and storm sewer construction to be performed on T.H.65 within the corporate City Limits.

Long term, the City is responsible for maintaining the sidewalk and trails, performing replacement of bulbs, minimum maintenance for the signals, and paying for the monthly electricity. This is consistent with past agreements.

The City’s total estimated cost-share is $3,011,089.73 and will be paid with a combination of State bonding funds, Municipal State Aid funds, watermain funds and sanitary sewer funds.

(See Secretary’s Original Resolution 22-029
Included with these minutes)

F. Resolution 22-030 Accepting Bid and Awarding Contract for the Jacobson Building Repairs

Project CCR-F-22-03 is budgeted at $600,000 in 2022. Currently the City has $276,500 in matching grants. On February 8th the City opened bidder qualifications to determine, prior to knowing the bid amounts, which bidders were qualified to complete the project. The following are the bid amounts from three qualified bidders:
• Advanced Masonry Restoration (Advanced) submitted a base bid in the amount of $301,500.00
• Acme Tuckpointing and Restoration (Acme) submitted a base bid in the amount of $345,783.00
• American Masonry Restoration (American) submitted a base bid in the amount of $496,785.00

In addition to the base bid, we required unit pricing for additional repairs and replacement. Acme was consistently lower than Advanced on additional unit prices however, it would take a number of additional units we do not feel is likely to make up the difference. It is estimated that in total this project may be below $500,000 when adding in previous and future engineering, architects, and potential additional units. Staff recommends awarding the bid to Advanced Masonry Restoration.

MAYOR AND COUNCIL REPORTS
First Ward, Councilor Murray reported:
• Ward Items – Participated in the Big Freeze event over the weekend.
• Committee Update – Attended the ALEDA meeting and reported there are several projects in the works. The employment issues in the community were addressed as well as reviewing education, training, and housing options.

Second Ward, Councilor Baker reported:
• Ward Items – Implored the community to pick up dog waste when walking their dog outdoors
• Committee – None

Third Ward, Councilor Howland reported:
• Ward Item – Attended the Big Freeze event assisting the fishing contest.
• Committee – None

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – Attended the neighborhood meeting on the Hammer Rd./Richway Rd. construction project.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – None

Sixth Ward, Councilor Brooks reported:
• Ward Items – Thanked the Park Dept. for cutting down a dead tree in his ward.
• Committee Update – Inquired if staff has heard from a property owner on 16th Street and Milo Ave. Responded to some boat dock questions.

MAYOR’S REPORT
• Thanked the sponsors and coordinators of the Big Freeze Event
• Announced the retirement of Administrative Assistant Wendy Flugum and thanked her for her years of service at City Hall.

CITY MANAGER REPORT
• Working on items for discussion at the Council/Staff retreat
• Staff is working on an updated purchasing policy
• Has met with potential developers. He and City Planner Megan Boeck toured some businesses
• Setting up some Lobbying dates in St. Paul
• Will speak at the Moose Lodge on Friday
• Extended condolences to Brett Boss’ family and his co-workers at the Fire Department

APPROVAL OF CLAIMS

A. Resolution 22-031 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 Howland, seconded by Councilor Baker. 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 22-031
Included with these minutes)

ADJOURNMENT – 7:53 P.M.

Motion made by Councilor Murray, 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, February 28, 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