REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, May 22, 2023, 7:00 p.m.

PRESENT: Mayor Rich Murray, Councilors Rachel Christensen, Larry Baker, Jason Howland, Sherri Rasmussen, Robert Rasmussen, Brian Anderson. Also present were, City Manager Ian Rigg, Public Works Director Steven Jahnke, City Attorney Joel Holstad of Lake National Law LLP, Sergeant-at-Arms-Public Safety Director JD Carlson, and City Clerk Daphney Maras.

ADDITIONAL STAFF PRESENT: Finance Director Kristi Brutlag

CALL TO ORDER AND ROLL CALL: Mayor Murray called the meeting to order at 7:00 PM. Clerk Maras administered roll call.

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

CEREMONIAL ITEMS

A. Proclamation Declaring May 27, 2023 as “Nation of Patriots Day” – Mayor Murray read aloud the Proclamation Declaring Nation of Patriots Day. American Legion members were present to receive the proclamation.

B. Public Safety Director JD Carlson described the Citizen Academy program and Lieutenant Jeff Strom presented the 2023 Citizen Academy Participants.

PUBLIC FORUM: Paula Bachtle spoke of the public nuisance letter she received from the City regarding the nuisance items in her yard. She does not feel she has been treated fairly.

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes of the May 08, 2023 Regular Council Meeting
B. Approve Minutes of the May 08, 2023 Work Session
C. Licenses & Permits
D. Resolution Not Waiving Monetary Limits on Tort Liability
E. Resolution Abating Assessments on Certain Properties – 318 E. 4th Street
F. Resolution Authorizing Agreement with City of Freeborn for Enforcement of Certain Ordinances
G. Resolution Accepting Donation from the Freeborn County Corn and Soybean Growers Association

Motion made by Councilor Baker, seconded by Councilor R. Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-088 through 23-091
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS

A. Ordinance 23-091 Amending Chapter 44, Article III – Sewer Sec. 44.095 – Limitations on Wastewater Discharges (2nd Reading)

This is the second reading amending the ordinance on Limitations on Wastewater Discharges. The administration of the Significant Industrial User (SIU) and Categorical Industrial User (CIU) program has been delegated to the City of Albert Lea by the Minnesota Pollution Control Agency (MPCA). As the administrator of a delegated pretreatment program, the city is responsible for enacting the regulatory framework and technical requirements of the pretreatment program. As part of the technical requirements, the city is responsible for developing any local limits for SIU and CIU agreements. This ordinance amendment includes adding molybdenum (Mo) and selenium (Se) to the list of local limits on wastewater dischargers.

Motion made by Councilor Baker to approve the second reading, seconded by Councilor Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Ordinance 23-091
Included with these minutes)

B. Ordinance 23-092 Amending Chapter 50, Article III – Districts – Division 2 – R-1 Single-Family Residence District, Sec. 50.0227 – Off-Street Parking and Loading (2nd Reading)

This is the second reading amending Chapter 50, Section 50.0227. This amendment allows additional parking space in the R-1 Single-Family Residence District in the form of a flare apron – increasing the size of the flare from 187 square feet to 240 square feet or 10 feet x 24 feet.

Motion made by Councilor Baker to approve the second reading, seconded by Councilor S. Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Ordinance 23-092
Included with these minutes)

C. Ordinance 23-093 Amending Chapter 50, Article III, Division 22, Principal Permitted Uses and Conditional Permitted Uses (2nd Reading)

This is the second reading of this ordinance amendment specifying that properties within the Diversified Central District (DCD) that are also within the Heritage Preservation District have a minimum of 50% of the main floor in commercial use or a use other than residential. The purpose of becoming a Main Street Community in 2020 was to focus on revitalization while supporting business growth, development, events, and residential life. The concern is that with current zoning, buildings could become entirely residential which would significantly change the downtown.

Motion made by Councilor Baker to approve the second reading of this ordinance, seconded by Councilor Anderson. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Ordinance 23-093
Included with these minutes)

D. Ordinance 23-094 Amending Chapter 50, Article V. – Off-Street Parking and Loading Facilities, Sec. 50.0890. – Access (2nd Reading)

This amendment includes an addition that will require site plans and permitting for curb, gutter, driveway expansion, and modification. The purpose of requiring site plans and permitting is to avoid scenarios where impervious surface limitations are exceeded in the Shoreland Management District and also to avoid concrete being poured in areas where it is not allowed (crossing property lines, right of way, etc.). Permitting is currently required for work within the right of way area but not for the private parking/drive location.

Motion made by Councilor Christensen to approve the second reading, seconded by Councilor S. Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Ordinance 23-094
Included with these minutes)

E. Ordinance 23-095 Amending Chapter 50, Article VI – Sec. 50.0934 – Performance, Locational and Site Development Standards (2nd Reading)

This amendment will allow for outdoor merchandise display in the Diversified Central District (DCD) as well as the B-2 and B-3 districts. In addition, it clarifies an amount not to exceed five (5) percent of the main gross floor area is to be used for outdoor display and also draws attention to the required 3-foot discernable walkway required to meet ADA requirements.

Motion made by Councilor Howland to approve, seconded by Councilor Anderson. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Ordinance 23-095
Included with these minutes)

F. Ordinance 23-096 Amending Chapter 50, Article VI – Sec. 50.0936 – Outdoor Seating on Public Property (2nd Reading)

This amendment eliminated the need for outdoor seating areas to be segregated by fencing, bollards, ropes, or planters. Often times there is minimal room for outdoor tables and chairs within the public right-of-way and the devices used for segregation take up additional space that is already limited. In addition, this ordinance protects the standard 3ft discernable walkway as required by the Americans with Disabilities Act (ADA).

Motion made by Councilor Anderson to approve, seconded by Councilor R. Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Ordinance 23-096
Included with these minutes)

G. Ordinance 23-097 Repealing and Replacing Ordinance 22-083 and Amending Chapter 50, Article III (2nd Reading)

In September 2022 the City Council approved Ordinance 22-083 that was meant to amend Sec. 50.0402 Building Design Standards as it pertained to see-through windows. Inadvertently, section numbers were transposed and Sec 50.0224 was amended instead. This ordinance repeals and replaces with the correct section number.

Motion made by Councilor Baker to approve, seconded by Councilor S. Rasmussen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Ordinance 23-097
Included with these minutes)

NEW BUSINESS

A. Public Hearing Regarding Housing Tax Abatement for the Purpose of Renovation – 413 Winter Ave.
City Manager Rigg explained a public hearing is required before granting a housing tax abatement.

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

A.1 Resolution 23-092 Authorizing Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Renovation of a Single-Family Home – 413 Winter Ave.

This resolution approves a housing tax abatement for parcel number 34-113-0710 in the City of Albert Lea, for the improvements to a single-family home. The abatement will assist in property improvement and increase tax base for the community. This abatement is for 6 years as it is reconstruction, not new construction.

Motion made by Councilor Baker to approve, seconded by Councilor Christensen. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-092
Included with these minutes)

B. Resolution 23-093 Approving Publication Summaries of Ord. 23-091, Ord. 23-092, Ord. 23-093, Ord. 23.094, Ord, 23-095, Ord. 23-096, Ord. 23-097

The attached resolution approves publication of a Summary for each of the Ordinances as noted above; 23-091,23-092, 23-093, 23-094, 23-095, 23-096, 23-097.

Motion made by Councilor Christensen to approve, seconded by Councilor Howland. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Resolution 23-093
Included with these minutes)

C. Resolution 23-094 Approving Tax Increment Revenue Note Series 2023A – Ulland Brothers, Inc.

The City of Albert Lea and Ulland Brothers, Inc entered into a development agreement in 2021 that would provide $760,000 in Tax Increment Financing upon the completion of a site redevelopment at 2501 E Main Street that consisted of building demolition, soil correction and construction of storm water facilities. The agreement also required the creation of five jobs over the course of two years at a wage of $24 per hour. This resolution acknowledges completion of the project and authorizes the issuance of a TIF note not to exceed $760,000 of which payments will start on August 1, 2023.

Motion made by Councilor Baker to approve, seconded by Councilor Howland. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-094
Included with these minutes)

D. Resolution 23-095 Accepting Purchase and Development Offer

As of May 18th, 12:00 pm at least one offer for a parcel of land at the old Blazing Star site has been received. Staff cannot make recommendations or provide more detail publicly until the review process begins on Monday May 22, 2023. Staff expects at least one time sensitive and viable offer for the Council to consider and will have more information at the Council meeting on May 22nd.

City Manager Rigg provided details of this proposal at the work session prior to this meeting. Howland questioned the language in the resolution cited in section 3. After consulting with Attorney Joel Holstad, it was recommended to add one word “will” followed by the remaining language as stated beginning with “accept the offer by Tapestry Companies”.

Howland commended staff for their efforts in moving forward with the proposed developments. Council Christensen and S. Rasmussen echoed Howland’s comments Mayor Murray concurred.

Motion made by Councilor S. Rasmussen to approve with the added word “will” in section 3, seconded by Councilor Anderson. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-095
Included with these minutes)

MAYOR AND COUNCIL REPORTS:

First Ward, Councilor Christensen reported:

      • Ward Items – Working on several ward items.
      • Committee Update – Participated in the Freeborn County Trail Association trash pickup. She said she was impressed with the lack of garbage to pick up at the Blazing Star Trail and thanked Albert Lea residents for keeping it looking great.

Second Ward, Councilor Baker reported:

      • Ward Items – He spoke of Nick Lang’s new venture business opening in Albert Lea described as a “maker space.”
      • Committee Update – None

Third Ward, Councilor Howland reported:

    • Ward Items – None
    • Committee Update – Attended the Park & Rec Board Meeting last week where a presentation was provided regarding the UP-Rail Trail. He said the board voted to recommend to City Council to adopt the Trail Action Plan with safety being the top priority. This plan will also be presented to the County Board next month. The plan is available to view on the City’s website on the Park & Rec Board’s page. He is a coach for the Albert Lea Anglers Youth Fishing team. He described the tournament held in Albert Lea yesterday winning the Traveling trophy. He also commented on the crystal-clear water 5-6 feet down on Fountain Lake. He commended the Shellrock River Watershed District for the cleanup thus far. He spoke of the bonding agreement approved and moving forward that includes the first phase of WWTP upgrades as well as the continued dredging of Fountain Lake.

Fourth Ward, Councilor S. Rasmussen reported:

      • Ward Items – None
      • Committee Update – Attended a Senior Center Board. She encourages residents 55 and over to join the Senior Center and described the programs offered. Encouraged residents to call the Dispatch phone number with nuisance complaints.

Fifth Ward, Councilor R. Rasmussen reported:

      • Ward Items – Working on a couple of ward items.
      • Committee Update – Attended the airport board meeting. He reports the fuel tank upgrades are behind schedule, the runway signs have been installed, hanger improvements are awaiting grant approvals. May 20-27 is the Glider competition. May 27th 8:30AM-12:00PM residents are invited to ride in a plane. Attended the Library Board meeting and reports 10 new Discovery Kits have been ordered. The winter programs were successful. The summer programming begins in June for kids and adults. They also reviewed the 2023 Library goals. Reported the Library is now fully staffed. He invited the public to check out the Library’s website for all current and upcoming events at alp.online.org.

Sixth Ward, Councilor Anderson reported:

      • Ward Items – To a resident’s inquiry regarding the feral cat population, he reported 30-40 cats have been trapped and spayed/neutered.
      • Committee Update – He mentioned candidates will be reviewed soon for the HRA Director position.

MAYOR REPORT:

      • Attended the Hawthorne School of Excellence Celebration
      • Attended the High School choir concert and mentioned choir director Diane Heaney is retiring
      • Congratulated the 2023 Senior Class on graduation.
      • Attended the Lakeview School Field Day where he participated by sitting in the dunk tank.
      • Announced the upcoming events in Albert Lea and reminded residents they can find details of all the events on the CVB website at explorealbertlea.com or the City’s website at cityofalbertlea.org

CITY MANAGER REPORT:

      • Mentioned the bonding bills that passed and thanked Councilmembers who reached out to legislatures imploring approval of the bills.
      • The tax bill that passed increased LGA by approximately $1.1 million and a onetime public safety grant of $800,000 to arrive in 2024.
      • Increase in the Homestead tax credit for the first time in 15 years.
      • The cannabis bill has been approved. The Office of Cannabis Management will be providing recommendations to municipalities to guide in creating ordinances over the next year.
      • Received one proposal for the 132 S. Broadway property.
      • Researching grant options for cleanup at the Blazing Star
      • ALEDA paid for a study related to adding a grocery store in the community. That study should be finalized by this Saturday.
      • Anticipates three agreements with the Small Communities Development Program to repair blighted properties.

APPROVAL OF CLAIMS

A. Resolution 23-096 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 Baker to approve the claims, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Christensen, Baker, Howland, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-096
Included with these minutes)

ADJOURNMENT: 8:02 P.M.

Motion made by Councilor Christensen, seconded by Councilor S. Rasmussen. 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, June 12, 2023. On roll call vote, all councilors voted in favor of said motion.

Mayor Murray declared the motion passed and the meeting adjourned.

___/s/_________________________
Mayor Rich Murray

___/s/_________________________
Daphney Maras
Secretary of the Council