July 25, 2022 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, July 25, 2022, 7:00 p.m.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, and Robert Rasmussen. Also present were City Manager Ian Rigg, Public Works Director Steven Jahnke, City Attorney Kelly Martinez, Sergeant-at-Arms, Public Safety Director JD Carlson, and City Clerk Daphney Maras.

ABSENT: Councilor Al Brooks

CEREMONIAL ITEMS

PUBLIC FORUM

PETITIONS, REQUESTS AND COMMUNICATIONS

I. COUNCIL MEETING AGENDA OF JULY 25, 2022

City Manager Rigg read through the council agenda. He provided details of each item and initiated dialogue.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes of The July 11, 2022 Regular Council Meeting
B. Approve Minutes of The July 11, 2022 Work Session
C. License & Permits
D. Resolution Approving 5 Year Mercury Minimization Plan
E. Resolution Approving 5 Year Phosphorus Management Plan
F. Resolution Authorizing Agreement with City of Emmons For Enforcement of Certain Ordinances
G. Motion Waiving Transfer Station Fees for Flood Damage

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 22-152 through 22-154
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – NONE

UNFINISHED BUSINESS

A. Ordinance 22-077 Amending Chapter 50 Article X Constructions and Permanent Stormwater Management (2nd Reading)

This is the final reading of this ordinance. The amendments include updates to Chapter 50 Article X to incorporate the additional language needed to meet the NPDES permit. It adds Chloride and Salt Storage which had not previously been included in the City Ordinance.

Motion made by Councilor Baker to approve the first reading of this ordinance, 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 Ordinance 22-077
Included with these minutes)

A1. Resolution 22-155 Permitting Publication of An Ordinance Summary Amending Chapter 50 Article X Constructions and Permanent Stormwater Management

Ordinance Summaries may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance.

Motion made by Councilor Baker to approve, 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 22-155
Included with these minutes)

NEW BUSINESS

A. Resolution 22-156 Approving A Professional Services Agreement with Jones Haugh Smith for Design & Installation of The Bridge Avenue Landing Project – Job 2213

The past several years the City has been evaluating options for installation of a dock landing on Fountain Lake along Bridge Avenue. Bill Howe had originally presented the project to Council and has been raising funds for it. The Shell Rock River Watershed recently approached the City about funding the construction of the project. The City would design the project and there will be an agreement with the watershed to pay for the construction portion. The professional engineering services agreement with Jones, Haugh and Smith include the following:
• Data Collection (Topographic Survey)
• Site Design
• Bidding Phase
• Construction Oversite Services
• Contract Administration

The project will include a dock, sheet piling along the shoreline and an ADA accessible concrete access walk. To Howland’s question, Rigg said over $20,000 has been raised. The City will pay for design/engineering, the Watershed will pay for the ramp access, and the amount that has been raised will go toward the cost of the dock itself.

Motion made by Councilor Baker to approve, 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 22-156
Included with these minutes)

B. Resolution 22-157 Authorizing Submittal of a Point Source Implementation Grant Application to The Minnesota Public Facilities Authority (PFA) For Wastewater Treatment Facility (WWTF) Improvement Project

The original Wastewater Treatment Facility was constructed in 1983 and numerous facility components need rehabilitation or replacement to support community industry, meet new limits, protect the environment and provide sustainable wastewater treatment for area residents and businesses. Without significant funding assistance the cost associated with the improvements will have a significant negative economic impact on the residents, industries, and businesses that rely on the WWTF.

Attached for Council review and approval is a resolution authorizing submittal of a Point Source Implementation Grant to the Minnesota Public Facilities Authority (PFA) and execution of the grant, if awarded, for the Wastewater Treatment Facility Improvement Project. The project involves the planning, design and construction of improvements for the existing Wastewater Treatment Facility.

(See Secretary’s Original Resolution 22-157
Included with these minutes)

C. Resolution 22-158 Accepting Bid and Awarding Contract – Snyder Field Tiling – Job 2210

Engineering and JHS, Inc. have reviewed the bids opened Tuesday, July 19, 2022 for the Snyder Field 2022 Drainage Improvements. The project involves drainage tiling and other drainage improvements including a stormwater treatment pond near the intersection of Hershey Street and Bridge Avenue at Snyder Field.

Engineering received two bids. Engineering is recommending the low bid of $633,123.10 from Ulland Brothers Inc. of Albert Lea, Minnesota. The Engineer’s estimate was $470,000. The bid abstract is attached along with the project award recommendation letter from Jones, Haugh & Smith. The primary differences between the engineers estimate and bid prices were related to field tile, storm sewer, drainages structures, and erosion control.

The stormwater ponds were written so it can be taken out of this project if necessary. The bids for the pond portion came similar to the engineers estimate and it is our opinion the bids would be higher if taken out and bid in the future. This is $139,661 of the project costs. Staff is recommending leaving the pond construction as part of the project.

The additional $163,123.10 above the $475,000 budgeted in fund 401 is recommended to be paid for out of this same fund.

Murray spoke of the increasingly inflated costs of recent projects in the City including on this project. He implored staff to work diligently on cutting costs elsewhere if necessary to spare taxpayers.

Motion made by Councilor Olson to approve, 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 22-158
Included with these minutes)

D. Resolution 22-159 Accepting Bids and Awarding Contract – 2022 CIPP Rehabilitation Project

Engineering has reviewed the bids opened Tuesday, July 19, 2022 for the 2022 CIPP Rehabilitation Project. The project involves installing a cured in place pipe liner inside of the existing sanitary sewer mains in the following locations. Construction shall use Cured-In-Place-Pipe methods.

• Front Street & Euclid Avenue
• Front Street & Washington Avenue
• Front Street & S. Broadway Avenue

Engineering received one bid. Engineering is recommending the low bid of $312,668.70 from Insituform Technologies USA, LLC of Chesterfield, Missouri. The Engineer’s estimate was $229,709.00.

After discussion with the apparent low bidder, the primary reasons for the higher project costs include higher material costs for the larger diameter liners in procuring the resin needed for curing the liner.

The project also called for the replacement of one manhole that was in poor condition. The bid price for this work was three times higher than estimated due to production shortages for precast manhole structures. Engineering is proposing this work be eliminated from the project and the manhole either be abandoned or replaced by City forces for an approximate savings of $20,000. The bid abstract is attached.

(See Secretary’s Original Resolution 22-159
Included with these minutes)

E. Resolution 22-160 Approving 5 Year Chloride Investigation and Minimization Plan

In the Albert Lea’s most recent Wastewater Treatment Plant NPDES (National Pollutant Discharge Elimination System) permit, three pollutant minimization plans have been identified and required to be completed 180 days after the permit reissuance on February 1, 2022. The three plans are Chloride Investigation & minimization Plan, Mercury Minimization Plan and Phosphorus Management Plan. The goal of these plans is to identify possible pollutant sources to develop and implement techniques to reduce the specific pollutant discharge into the sanitary system.

The purpose of this Chloride Investigation and Minimization Plan is to quantify the amount of chloride currently being discharged into and out of the treatment facility, identify potential contributors of chloride into the wastewater system and develop a plan for the reduction of the amount of chloride discharged by the facility in accordance with the permit requirements.

In addition to this plan the City is currently operating under a 15-year Chloride variance. This variance gives the City time to reduce the chloride going to the WWTP. Water softening due to hard water is the primary cause of the chloride. Over the next five years the City will be inventorying the existing water softeners in Albert Lea to determine the most inefficient softeners and likely be offering an incentive program to get these softeners converted to more efficient ones. Most of the inefficient ones are using timers and not demand. That will likely be the focus of our efforts.

Bolton & Menk, Inc. has prepared a Chloride Investigation and Minimization Plan for the City of Albert Lea.

(See Secretary’s Original Resolution 22-160
Included with these minutes)

F. Resolution 22-161 Authorizing Action on Tax Forfeited Properties (Tiger Hills)

Attached for Council review and approval is a resolution authorizing action on tax forfeited properties. In July 2021, a resolution was passed to reduce the price to $20,000 for the pair of town home lots – the previous price was $19,000 per lot. Due to additional costs to the purchaser because these lots are Torrens properties and will require the owner to schedule a court proceeding to obtain a new certificate of title, staff is recommending reducing the price to $15,000 per pair. The County has indicated that there is interest in these properties and reducing the price will facilitate the selling of these forfeited properties.

(See Secretary’s Original Resolution 22-161
Included with these minutes)

G. Ordinance 22-078 Amending Zoning and Land Use Map from Single Family Residence (R-1) To Limited Industrial (I-1) Located At 904 Spark Avenue

The City of Albert Lea recently sought development proposals for a vacant city property at 904 Spark Ave which is zoned Single-Family Residence (R-1). Broadway Home Design submitted a proposal to develop 904 Spark Ave into a new warehousing and office facility which was outlined as an acceptable use for the property within the request for proposals due to an existing 3,000 sq. ft warehouse facility being located directly to the East. The Planning Commission held a public hearing on July 5, 2022 to consider the request to re-zone from R-1 to I-1 and recommends approval based on findings that I-1 zoning is consistent with surrounding areas. This is the first reading of this ordinance.

Motion made by Councilor Baker to approve, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Councilor Howland voted nay. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Ordinance 22-078
Included with these minutes)

H. Resolution 22-162 Approving Conditional Use Permit At 1311 W. Front Street

Matthew Johnson, Rochester Asphalt and Concrete applied for a Conditional Use Permit to re-develop a vacant convenient store site into a construction contracting office at 1311 W Front. The Planning Commission held a public hearing on July 5, 2022 and forwards the following findings to City Council:

1. The proposed redevelopment meets the requirements of the Planned Development District related to use, density, size, open space and green space.
2. The proposed redevelopment meets is in line with the existing 2030 Comprehensive Plan—which identifies the property in question as preservation, infill and maintenance.
3. The proposed development is compatible with the surrounding uses and will not negatively impact the public health, safety and welfare of the surrounding area. Planning Commission recommends approval of the Conditional Use Permit with conditions as stated in the attached resolution.
Motion made by Councilor Howland to approve, 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 22-162
Included with these minutes)

I. Public Hearing Regarding Tax Abatement at 2022 Schroader Avenue

A public hearing is required before granting a housing tax abatement for parcel #08.040.0220 in the City of Albert Lea for the construction of a new single-family home. The abatement will assist in property improvement and increase tax base for the community. The School District and Freeborn County have also agreed to retain the tax abatement for this project.

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

I1. Resolution 22-163 Authorizing A Housing Tax Abatement on Property Within the City of Albert Lea for The Purpose of Funding Development Costs for Construction of a New Single-Family Home

The Tax Abatement will assist in the construction of a new single-family home and will also assist in property improvement and increase tax base for the community. The School District and Freeborn County have also agreed to retain the tax abatement for this project.

Motion made by Councilor Baker to approve, 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 22-163
Included with these minutes)

MAYOR AND COUNCIL REPORTS:

First Ward, Councilor Murray reported:

Ward Items – Working on three ward items with the City Manager
Committee Update – None

Second Ward, Councilor Baker reported:

Ward Items – None
Committee Update – Attended the HRA meeting last week and reported the Executive Director position was discussed and a special meeting is scheduled to speak with a potential candidate. Spoke with the owners of Scooters Coffee.

Third Ward, Councilor Howland reported;

Ward Items – Spoke with a resident and a local business owner in his ward who is interested in purchasing the building at 1039 S. Broadway.
Committee Update – Attended a Park & Recreation meeting and reported the following:
- Shane Koepke of Albert Lea Art Walk spoke of painting the Park building at Sibley School and the building at Pioneer Park.
- Conversations regarding the last City owned tennis court to convert to a Pickleball court.
- Presentation on Emerald Ash Boer in Albert Lea.
- Received a request from Albert Lea Youth Baseball requesting Manual scoreboards at the City Arena.
- Discussion regarding fencing in the Brookside garden plot area. May need to consider an increase in the garden plot fee if a fence is installed.

Fourth Ward, Councilor Olson reported:

Ward Items – None
Committee Update – None

Fifth Ward, Councilor Rasmussen reported:

Ward Items –Working on a ward item.
Committee Update – None

Sixth Ward, Councilor Brooks reported: ABSENT

Ward Items
Committee Update – None

MAYOR’S REPORT:
Announced the upcoming summer events schedule:

Thursday,7/28 – Thursday on Fountain, Summer Concert Series at Fountain Lake Gazebo – Featured artist – Brett Feist – Plays more Country, but does all genres of music. If you request something and he knows it, he’ll more and likely play it.
Friday, 7/29 – Midwest Regional Water Ski Tournament, 1p-8p at Edgewater Bay – Teams from Minnesota, South Dakota and Iowa will have teams competing. **Come and cheer on our local team the Bayside Water Ski Show Team! This Event is Friday, Saturday and Sunday, from July 29th through July 31st.
Saturday, 7/30 – Besides the Midwest Regional Water Ski Show Tournament, we will also have the Corvettes to the Cove Cruise-In at Wedgewood Cove Golf Course. This event is from 10am – 4pm and ALL 1953-2023 Corvettes are Welcome. Hosted by the Lakes Corvette Club and Sponsored by: United Employees Credit Union and Wuerflein Chevrolet of Albert Lea.
July 13-Aug. 5th – FCHM (Freeborn County Historical Museum) Cash Raffle – Tickets are $20 each, only 250 are available. Grand Prize is $500, 1st place $250, 2nd & 3rd place $100, 4th place $50. – All proceeds benefit the programming and exhibits at the Freeborn County Historical Museum, Library and Village. – Drawing will be held at 6pm, Friday, August 6th at Freeborn County Historical Village. You do not need to be present to win.
Thursday, 8/4 – Thursdays on Fountain Summer Concert Series – Featured Artist – The group Great Girls will be performing from 5:30p-7p at the Fountain Lake Gazebo. They have more of that Old Country sound.

CITY MANAGER REPORT

Staff is prepared to sign a contract with Braun Engineering to complete an ESA Phase I at the Blazing Star property.
Warehousing discussion has been a topic of discussion with people needing additional warehouse space.
The CIP is in progress
Continued interest in the purchase of the 1039 S. Broadway building
The Inspection Department is currently working with homeowners to shore up their properties.

APPROVAL OF CLAIMS

A. Resolution 22-164 Approving Claims
(1). Presentation of Claims Over $25,000

Rigg explained that the attached resolution directs the Mayor and City Treasurer to issue the payment of claims as presented in the Detail of Claims report. In addition, Rigg displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

Motion made by Councilor Baker to approve payment of claims as presented. 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 22-164
Included with these minutes)

ADJOURNMENT: 7:40 P.M.

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, August 8, 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