October 10, 2022 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, October 10, 2022, 7:00 p.m.

PRESENT: Mayor Vern Rasmussen Jr., Rich Murray, Larry Baker, Jason Howland, Reid Olson, Robert Rasmussen, and Al Brooks. Also present were, Public Works Director Steven Jahnke, Finance Director Kristi Brutlag, Public Safety Director Sergeant-at-Arms Sergeant JD Carlson, and City Clerk Daphney Maras.

CALL TO ORDER AND ROLL CALL: Mayor Rasmussen called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE: Mayor Rasmussen asked all in attendance to stand and recite the Pledge of Allegiance.

CEREMONIAL ITEMS: None

PUBLIC FORUM:
Lana Howe is the Statewide Health Improvement Partnership Coordinator for the Public Health Department. Howe is also part of Freeborn County Health Partners in Prevention. She spoke on behalf of these organizations in support of the cannabinoid ordinance.

Dustin Trail spoke of the cannabinoid ordinance. He asked council not to differentiate from the State law requirements within the ordinance.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes of The September 26, 2022 Regular Council Meeting
B. Approve Minutes of The September 26, 2022 Work Session
C. License & Permits
D. Resolution Accepting Toward Zero Deaths (TZD) Enforcement Grant Award – MN Department of Public Safety
E. Resolution Approving Donation of Memorial Bench along Edgewater Park Bike Trail for Ahne Ordalen and a Memorial Bench along the Blazing Star Trail for Betty Buffington
F. Resolution Supporting Operation Greenlight for Veterans

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: Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-209 through 22-211
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS

A. Ryan Rasmussen displayed a slideshow and provided an overview of the 2023 Increase in Tax Capacity. He noted overall taxable market value in the City is up 26%. He summarized how the market values are determined. A slide titled Preliminary Tax Capacity revealed residential tax capacity has the biggest increase at 30.59%. He said the market value is estimated using a variety of measures including an annual assessment process, physical inspections every five years, and inspecting property for new construction or demolition. Council had questions to which Rasmussen responded. Rasmussen offered to report to council in the spring before the evaluation notices are sent out to residents.

UNFINISHED BUSINESS:

A. Ordinance 22-080 Amending ARTICLE_XII. Tobacco and Edible Cannabinoid Products (2nd Reading)

This is the second reading amending the ordinance related to Tobacco and Edible Cannabinoid products outlining restrictions to the sale and use of Cannabinoid products for the regulation in order to protect the public health safety and welfare and to ensure that edible cannabinoid products are sold in accordance with State Law. Rigg noted this ordinance is more restrictive than state law where the end-user is concerned not for the distributer. This ordinance fills the missing gap from State law in the possession aspect. The user must be over 21 to possess or use these products. He referenced Sec. 12.406 which notes the slight change from the first reading of this ordinance. It specifies the four options available to the business to ensure no one under 21 is permitted to purchase the products.

Motion made by Councilor Olson 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 Ordinance 22-080
Included with these minutes)

B. Ordinance 22-081 Amending Chapter 34, Article II, Storage and Disposal (2nd Reading)

This is the second reading amending the ordinance defining the appropriate size for a refuse container for single-family and multi-family residences, as well as where they are appropriately stored when not at the curb for pick-up. Howland commended staff for making these positive changes to this ordinance.

Motion made by Councilor Baler 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 Ordinance 22-081
Included with these minutes)

C. Ordinance 22-082 Amending Chapter 50, Article I, Sec 50-0018 Accessory Buildings, Fences and Site Appurtenances (2nd Reading)

This is the second reading amending the ordinance defining the materials suitable and allowed for constructing a fence as well as materials that are not allowed. In addition, the amendment will increase the maximum size and number of accessory structures allowed—staff has proposed the overall increase due to the size of 21st century vehicles, the recreational nature of Albert Lea and harsh weather conditions in MN which often require indoor storage.

Motion made by Councilor Howland 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 Ordinance 22-082
Included with these minutes)

D. Ordinance 22-083 Amending Chapter 50, Article III, Division 8, Sec 50-0402 Building Design Standards (2nd Reading)

This is the second reading amending the ordinance to erase language that considers any building surface that faces a street to be the front of the building. In the B-2 Community Business District, there are additional design standards such as see through windows that are imposed on more than one side of the building if that building abuts more than one street. Defining only one front of the building will lessen those requirements. In addition, this ordinance will require exterior trash enclosures and accessory buildings (accessory to a principal building) on commercial lots to be designed with like building materials.

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 Ordinance 22-083
Included with these minutes)

E. Ordinance 22-084 Amending Chapter 50, Article VI, Sec 50-0934 Locational and Site Development Standards (2nd Reading)

This is the second reading amending the ordinance permitting above ground fuel tanks with different maximum size restrictions for commercial and industrial districts. Right now, Albert Lea has a blanked prohibition—meaning there is no zone that allows above ground fuel tanks. The Minnesota Pollution Control Agency recommends above ground fuel tanks at the maximum size of 4,000 gallons in business districts and 25,000 gallons in industrial districts as they are convenient for small businesses, economical for larger businesses and also easier to manage and prevent leaks.

Motion made by Councilor Brooks 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 Ordinance 22-084
Included with these minutes)

NEW BUSINESS

A. Matt Wagoner Airport Engineer and Planner with Mead & Hunt provided an overview of the Airport Master Plan process as well as the preferred alternatives and final steps. He displayed a graphical depiction of the airport highlighting the recommended improvements and preferred alternatives. The master plan coordination process has been on-going for nearly three years. This was due mostly to the interruption of COVID restrictions. He detailed the three primary preferred alternatives that were identified. This included the Terminal Area, the Runway 35 Approach, and Runway 35 Clearway. In closing, he described the project summary and final steps. He said the Master Plan and the Airport Layout Plan were presented to the Airport Board at their September meeting and the Board voted in recommendation to adopt both Plans.

To Murray’s question, Wagoner responded the average number of planes flying in and out of the Albert Lea Airport on an annual basis is between 20,000-30,000. Howland asked how long the FAA and MNDot will take to review and approve the plan and also if there is any chance it would be denied. Wagoner responded both entities have been reviewing the process all along and it would be a rare occurrence to be denied at this point. He estimated the approval process to be completed by early 2023.

A1. Resolution 22-212 Approving Airport Master Plan and Preferred Alternatives

Since 2019 the City and the Airport Advisory Board have been working with Mead and Hunt Inc. to update the Albert Lea Airport Master Plan and complete an airport layout plan. The Airport last completed a Master Plan in 2003. The purpose of this master plan is to examine needed improvements for the airport to support its role as a key airport while also tailoring solutions to “right fit” Albert Lea. The plan tries to look out over the next 20 years to determine the needs and uses of the airport.

Staff recommends the passing of this resolution approving the master plan and its preferred alternatives as shown on the Airport Layout Plan.
Motion made by Councilor Rasmussen 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 22-212
Included with these minutes)

A. Public Hearing Levying Special Assessments for Misc. Delinquent Water/Sewer Accounts and Misc. Delinquent Accounts Receivable.

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

B1. Resolution 22-213 Levying Special Assessments for Misc. Delinquent Water/Sewer Accounts and Misc. Delinquent Accounts Receivable

A public hearing was held to receive input on adopting the final assessments for delinquent water/sewer accounts and miscellaneous delinquent accounts receivable per the Code of Ordinances. These assessments are payable with terms of one year at 5.01% interest.

Rigg said a request has been received for one particular assessment to be extended over a five-year period. He deferred to Finance Director Brutlag to describe the property. Brutlag said the property is at 924 Fountain St. with an assessment of approximately $18,000 and the interest rate would remain at 5.01%.

Motion made by Councilor Baker to approve this resolution with the noted payment extension for 924 Fountain Street, 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 22-213
Included with these minutes)

B. Public Hearing Regarding Adopting Final Assessments for the 2022 State Aid Street Overlay Project (Job 2202)

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

C1. Resolution 22-214 Adopting Final Assessments for the 2022 State Aid Street Overlay Project (Job 2202)
–
A public hearing was held to receive input on adopting the final assessments for the 2022 State Aid Street Overlay Project (Job 2202). This project involved bituminous mill and overlay, and miscellaneous curb & gutter replacement on the following streets:

Richway Drive – Bridge Avenue to Garfield Avenue
Hammer Road – Bridge Avenue to Sorensen Road (CSAH 45)

The estimated final costs are lower than the original estimate. Because of this, the proposed final assessments are lower than the preliminary assessments. Following the Assessment Policy, the assessments will be over ten years at 5.01% interest.
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, Rasmussen, Brooks, and Mayor Rasmussen. Councilor Olson abstained. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-214
Included with these minutes)

C. Public Hearing Regarding Adopting Final Assessments for the Freeborn Avenue & Pillsbury Avenue Reconstruction Project (Job 2201)

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

D1. Resolution 22-215 Adopting Final Assessments for the Freeborn Avenue & Pillsbury Avenue Reconstruction Project (Job 2201)

A public hearing was held to receive input on adopting the final assessments for the Freeborn Avenue & Pillsbury Avenue Reconstruction Project (Job 2201).

This project involved complete reconstruction including replacement of the pavement, curb & gutter, sidewalk, watermain, sanitary sewer, and storm sewer on the following streets:

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

Motion made by Councilor Brooks 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 22-215
Included with these minutes)

E. Public Hearing Regarding Adopting Final Assessments for the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103)

Mayor Rasmussen opened the public hearing. He called the first time. Nanette Trail co-owner of Trails Travel Center spoke of her opposition to the assessments on their properties. She asked that these assessments be removed. She listed a number of reasons why she opposes the assessments.

Mayor Rasmussen called a second time. Attorney Don Savelkoul spoke on behalf of Trails Travel Center opposing the assessments on their properties.

Mayor Rasmussen called a third and final time. Debra Proulx spoke in support of Trails Travel Center and encouraged council to work with the owners to come to an agreeable solution to the street assessments.

Mayor Rasmussen closed the public hearing.

Brooks questioned one of the assessments to which Nanette Trail responded. Mayor Rasmussen deferred to Public Works Director Jahnke who described the City’s assessment policy. Council exchanged dialogue regarding street assessments and the effects on residents and businesses.

E1. Resolution 22-216 Adopting Final Assessments for the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103)

A public hearing is being held to receive input on adopting the final assessments for City Job number 2103, the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project.

This project involved work on the following streets:
209th Street – 777th Avenue to CSAH 38 (State Park Road)
Happy Trails Lane – E. Main Street to the south end

Work on 209th Street involved installing a new aggregate base and bituminous surface. Work on Happy Trails Lane involved replacing miscellaneous sections of curb & gutter, milling the edges of the existing pavement 2 inches deep, and placing a 2-inch bituminous overlay.
The estimated final costs are lower than the original estimate. Because of this, the proposed final assessments are lower than the preliminary assessments. Following the Assessment Policy, the assessments will be over fifteen years at 5.01% interest. Staff recommends approval.

Motion made by Councilor Howland to approve, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, and Mayor Rasmussen. Councilors Rasmussen and Brooks voted Nay. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-216
Included with these minutes)

F. Public Hearing Regarding Declaring Property Without Purpose, Waive Planning Commission Review, and Authorizing Sale – 313 E. 8th Street

F1. Resolution 22-217 Declaring Property Without Public Purpose, Waive Planning Commission Review and Authorizing Sale – 313 E. 8th Street

Rigg explained this property has met its public purpose by being stabilized to remove blight, and the City does not have any intention to develop the property further for any public purpose. Further the property may provide an affordable housing opportunity. The purchase/development agreement is in a draft form and will meet the proposal requirements attached.

(See Secretary’s Original Resolution 22-217
Included with these minutes)

G. Resolution 22-218 Approving Publication of Summary Ord 22-080 – Tobacco & Cannabinoid Products

The attached resolution approves publication of a Summary for Ordinance 22-080 in regards to the amendments to Article II – Tobacco and Edible Cannabinoid Products.

(See Secretary’s Original Resolution 22-218
Included with these minutes)

H. Resolution 22-219 Approving Publication of Summary for Ord 22-081, 22-082, 22-083, 22-084 – Chapters 34 and 50

The attached resolution approves publication of a Summary for each of the Ordinances as noted above; 22-081, 22-082, 22-083, and 22-084.

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 22-219
Included with these minutes)

I. Resolution 22-220 Establishing Fee for Public Skate Pass

Rigg said the City Arena is back on a regular schedule for open skate and open hockey times. The Recreation Department would like to make it easier for people to enjoy these open times by providing a skate pass. Staff are recommending 20 skate admissions for $60. This will give users a price break compared to the $4 per open skate time when paying at the door. The passes will be the same scan cards used at the pool this past summer. Users may reload them as needed. Staff recommends approval so they can start selling the passes this fall.

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 22-220
Included with these minutes)

J. Resolution 22-221 Authorizing Notice of Interest for a Hazard Mitigation Grant Program

This grant would cover 75% of costs for an emergency shelter at Sondergaard Park. The City and County combined will contribute the remaining 25%. Value of the land used at the park will count as part of the City’s contribution towards the project.

(See Secretary’s Original Resolution 22-221
Included with these minutes)

MAYOR AND COUNCIL REPORTS:

First Ward, Councilor Murray reported:

Ward Items

Committee Update- Attended the ALEDA/JOBS meeting. Participated in the Entrepreneur Bridge Event which was a conference delivered by Smith and ALEDA where they discussed businesses in town. He also attended the Naxalone meeting at the Skate Park.

Second Ward, Councilor Baker reported:

Ward Items – Staff is working on his Ward items.
Committee Update – Attended the Trail Planning meeting as well as the Shared Services meeting with the Government Center staff.

Third Ward, Councilor Howland reported:

Ward Items – None
Committee Update – Attended the Shared Services meeting with the Government Center staff. Commented on the Cannabinoid ordinance and spoke of his support on the language within.

Fourth Ward, Councilor Olson reported:

Ward Items – None. Thanked the Rotary Club for the fundraiser selling roses and donating the proceeds to the Adaptive Park project.
Committee Update – None

Fifth Ward, Councilor Rasmussen reported:

Ward Items – None
Committee Update – None

Sixth Ward, Councilor Brooks reported:

Ward Items – Commented on the Cannabinoid ordinance.
Committee Update – None

MAYOR’S REPORT:

- Board Members needed for the following:
  - Board of Appeals
  - Planning Commission
  - Charter Commission
- Attended the Shared Services meeting with the Government Center staff and reports it was a successful meeting. Also attended the Comp Plan meeting.
- The ribbon cutting for Design Ready Controls, a new manufacturer in Albert Lea is this Wednesday – 10 a.m. to 5 p.m.
- This is Fire Prevention Week – Follow Albert Lea Fire Rescue on Facebook for a daily tip. Check out the new fire station, fire rigs and more at the open house, this Saturday, October 15th from 10 a.m. to 1p.m. at the Fire Station.
- Thursday, October 13th through Saturday October 15th – Friends of the Library Fall Book Sale – Sale is held in the City Garage located by the Fountain Street Entrance to City Hall.
- Friday, October 15th – United Way will hold a Casino Night fundraiser at Wedgewood Cove, starting at 6:30 p.m.
- Saturday, October 15th – 7:30 p.m. – Surf’s Up! – Beach Boys Tribute @ Marion Ross Performing Arts Center.
- Saturday, October 22nd at 11:55 a.m. – Medea, from the Metropolitan Opera live in HD @ the Marion Ross Performing Arts Center.

CITY MANAGER REPORT

Attended the Shared Services meeting with the County and reporst as a direct result from that meeting, the grant for the new Park Shelter came up and things were set in motion immediately to move forward on that project.
Staff has been working on the sale of City properties
Mentioned the resignation of the City Attorney and provided discussion regarding the option of hiring a replacement in-house attorney or contracting for the services. Rigg provided data related to the estimated fees to contract services versus hiring in-house and suggested several options. He recommends a dual track method – simultaneously advertising for an in-house attorney and submit RFP’s for contracted services. He asked council for direction. Council had discussion and concurred the dual track course Rigg described is the process they choose to follow.

APPROVAL OF CLAIMS

A. Resolution 22-222 Approving Contract with Councilmember Al D. Brooks dba Brooks Safety Equipment

The attached resolution directs the Mayor and City Treasurer to make payment in the amount of $110.00 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 Howland, to approve payment of claims as presented. 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 22-222
Included with these minutes)

B. Resolution 22-223 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. In addition, Maras displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

Motion made by Councilor Brooks, 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 22-223
Included with these minutes)

ADJOURNMENT: 8:55 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, October 24, 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