May 9, 2022

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 9, 2022, 7:00 p.m.

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

City Attorney Kelly Martinez attended via Zoom

CEREMONIAL ITEMS – None

PUBLIC FORUM

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The April 25, 2022 Regular Council Meeting
B. Approve Minutes Of The April 25, 2022 Work Session
C. License & Permits
D. Resolution Appointing Election Judges For The May 24, 2022 Special Election
E. Resolution Accepting Donations
F. Resolution Authorizing a Master Partnership Contract with MNDOT for the Design, Construction, Maintenance & Operation of State & Local Roads
G. Resolution Acknowledging State Approval of Annexation for Albert Lea Township – Scott Schroader
H. Resolution Approving Repair of Pump At The Main Pumping Station

Mayor Rasmussen read through each item on the consent and approval agenda

Motion made by Councilor Baker to approve the consent agenda as read, 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 22-104 through 22-108 Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS –

UNFINISHED BUSINESS

A. Ordinance 22-072 Amending Zoning & Land Use Map_Property Annexed from AL Township – Scott Schroader. (2nd Reading)

The first reading of this ordinance was held at the meeting of April 11, 2022. This ordinance is an approval to amend the official zoning and land use map for the City of Albert Lea. Included is parcel 08-040-0220 providing a zoning designation of Single-Family Residence District (R-1) in order to facilitate construction of a new residence. Staff recommends approval of the final reading.

Motion made by Councilor Baker to approve the final reading of ordinance 22-072, 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 Ordinance 22-072
Included with these minutes)

B. Ordinance 22-074 Amending Chapter 4 Alcoholic Beverages – Sec. 4.076 – Restrictions and Regulations (2nd Reading)

The final reading of this ordinance removes the distance allowed to serve alcohol near a church. This amendment is consistent with state statute. Staff recommends approval of this final reading.

Motion made by Councilor Brooks to approve the final reading of ordinance 22-074, 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 Ordinance 22-074 Included with these minutes)

NEW BUSINESS
A. Resolution 22-109 Authorizing Applying for Legislative-Citizen Commission on Minnesota Resources (LCCMR) Solar Grant for Wastewater Treatment Plant

Rigg explained that the City is evaluating placing an approximate 2-acre solar field on City owned property next to the Wastewater Treatment Plant. This grant from LCCMR if received could potentially make this solar field feasible. This resolution authorizes applying for the LCCMR grant.

Motion made by Councilor Brooks 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 22-109 Included with these minutes)

B. Resolution 22-110 Accepting Bid for the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103)
Rigg said Engineering has reviewed the bids opened Tuesday, March 26, 2022 for the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project. The proposed project involves installation of a new bituminous surface, and bituminous milling and overlay along the following streets:

  • 209th Street (Installation of a new bituminous surface)
  • Happy Trails Lane from E. Main to the south end (Milling & paving the existing bituminous street surface and curb work)

Engineering received two bids. Engineering is recommending the low bid of $272,604.92 as submitted by Ulland Brothers Inc of Albert Lea, MN. The Engineer’s estimate was $383,390.00.

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 22-110 Included with these minutes)

C. Resolution 22-111 Accepting bid and Awarding Contract for the Washington Avenue & East Main Street Parking Lot Reconstruction Project

Engineering has reviewed the bids opened Tuesday, April 26, 2022 for the Washington Avenue & E. Main Street Parking Lot Reconstruction Project. This project involves the reconstruction of the parking lot bituminous surface. The work includes eliminating the 10 parking stalls on the northern portion and replacing it with greenspace. The actual landscaping will be performed by the Park Department and is budgeted for an additional $10,000. No sidewalk work is included in this project.

Engineering received two bids. Engineering is recommending the low bid of $88,960.00 as submitted by Jensen Excavating & Trucking LLC of Albert Lea, MN. The Engineer’s estimate was $100,520.00.

Motion made by Councilor Murray to approve, 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 22-111 Included with these minutes)

D. Resolution 21-112 Accepting Low Bid for the 2022 Bituminous Material

Public Works has reviewed the bids opened Tuesday, May 3, 2022 for the 2022 Bituminous Material.

The City received three bids. Public Works is recommending the low bidder of Flint Hills Resources of St. Paul, Minnesota with a bid of $644.00/Ton delivered w/o tax for CRS-2P and $594.00/Ton delivered w/o tax for CRS-2.
Below is a summary of the bids:

Flint Hills Resources
CRS-2P $644.00 per ton delivered w/o tax
CRS-2 $594.00 per ton delivered w/o tax

MEIGS Paving Asphalts & Emulsions
CRS-2P $682.00 per ton delivered w/o tax
CRS-2 $628.00 per ton delivered w/o tax

Jebro Inc.
CRS-2P $794.39 per ton delivered w/o tax
CRS-2 $754.39 per ton delivered w/o tax

The low bid last year was $452.00/Ton delivered w/o tax for CRS-2P and $403.00/Ton delivered w/o tax for CRS-2.

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 22-112 Included with these minutes)

E. Resolution 22-113 Authorizing Grant Agreement to State Transportation Fund Local Road Improvement Program Grant for Trunk Highway 65 Flood Mitigation and Storm Sewer Improvements

Rigg said the City of Albert Lea and the Minnesota Department of Transportation were awarded $2.6 million in state bonding funds in 2020 for flood mitigation efforts on E. Main Street including a road raise, property acquisition, and stormwater pond construction. This resolution would authorize the City of Albert Lea to enter into a grant agreement with MnDOT’s Local Road Improvement Program for reimbursement of construction costs associated with the road raise, storm sewer improvements, and grading in the total amount of $1,281,158.51. This is the second of four grants that will be written.

Motion made by Councilor Brooks 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 22-113 Included with these minutes)

F. Resolution 22-114 Granting A Variance To The Maximum Total Square Footage Allowed For Carports, Garages, And Sheds In A Residential Zone

The Board of Appeals met on April 27, 2022 to conduct a public hearing to consider a Variance application from Duane and Pamela Virchow for an increase in maximum square footage allowed for carports, garages and sheds that would allow for a 32×48 shed addition. The Board of Appeals found that the property met the legal standards set forth by MN Statute 462.357 which includes a practical difficulty in regards to circumstances unique to the property not created by the landowner, and recommends approval.

Motion made by Councilor Baker to approve, 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 22-114 Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported:

  • Ward Items – Assisted at the Albert Lea Spring Cleanup at the Landfill and reported the event was well received by the community.
  • Committee Update – Reported he and Executive Director of ALEDA, Phillip Johnson continued on local business tours. Also attended the ALEDA board meeting.

Second Ward, Councilor Baker reported:

  • Ward Items – None
  • Committee Update – Commented on the Joint Powers Agreement with County regarding the railway. Requests the holes at the community dog park be filled in. Also inquired if cameras could be installed at the dog park.

Third Ward, Councilor Howland reported;

  • Ward Items – None
  • Committee Update – Assisted in Spring Cleanup day at the AL Landfill. Reports there was a great turn out and people were appreciative of the City providing this service.

Fourth Ward, Councilor Olson reported:

  • Ward Items – None
  • Committee Update – None

Fifth Ward, Councilor Rasmussen reported:

  • Ward Items – None
  • Committee Update – None

Sixth Ward, Councilor Brooks reported:

  • Ward Items – None
  • Committee Update – None

MAYOR’S REPORT:

  • Attended the ALEDA Board meeting and commented on the biggest challenge reported is the employee shortage
  • Attended Cinco de Mayo event and thanked staff for their efforts in assisting in this event.
  • Reports he applied for a Blandin Foundation grant.

CITY MANAGER REPORT

  • Is working with the individuals who submitted a proposal on the property located at the corner of Sparks Ave. and Belmont St.
  • Working on a new Franchise Agreement with Spectrum
  • He and staff met with a Developer who does net-zero housing construction. These homes emit no greenhouse gases. The developer is very interested developing in Albert Lea
  • Attended the MN Cities Manager’s conference last week
  • Edits continue on the WWTP plans
  • Reminded the community of the upcoming events planned for the summer
  • Staff continues to work on the Comp Plan

APPROVAL OF CLAIMS
A. Resolution 22-115 Approving Contract with Councilmember Al D. Brooks dba Brooks Safety

The attached resolution directs the Mayor and City Treasurer to make payment in the amount of $529.28 on behalf of the City for a claim from Brooks Safety Equipment, and issue payment for filing the affidavit of official interest by the interested official, Councilor Brooks.
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, and Mayor Rasmussen. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-115 Included with these minutes)

B. Resolution 22-116 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 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 22-116
Included with these minutes)

ADJOURNMENT: 7:25 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, May 23, 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