November 27, 2023 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
November 27, 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, and City Clerk Daphney Maras.
ADDITIONAL STAFF PRESENT: Sergeant-at-Arms-Public Safety Director JD Carlson, Human Resource Director Mike Zelenak

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

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

CEREMONIAL ITEMS – None

PUBLIC FORUM – None

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes of the November 13, 2023 Regular Council Meeting
B. Approve Minutes of the November 13, 2023 Work Session
C. License & Permits
D. Resolution Ordering Preparation of Feasibility Reports for 2024 Improvements
E. Resolution Supporting Safe Routes to Schools Grant Application for the Greenwood Drive Sidewalk Extension Project – Job 2402
F. Resolution Authorizing Grant Agreement with the Minnesota Department of Transportation Aeronautics for the Airport Automated Weather Station – Job 2406
G. Resolution Supporting Active Transportation Grant Application for the Blake Avenue Sidewalk Extension Project – Job 2304
H. Resolution Accepting Donations as Presented to the City of Albert Lea

Motion made by Councilor Baker, seconded by Councilor S. 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 23-198 through 23-202
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS – None

NEW BUSINESS
A. Public Hearing Regarding Housing Tax Abatement on Property Within the City of
Albert Lea for the Purpose of Funding Costs for Construction of a Single-Family Home – 2329 9th St. West

City Manager Rigg explained items A, B, and C under new business require a public hearing before granting housing tax abatements for parcel numbers 34-431-0130 and 34-443-0060 in the City of Albert Lea, for the construction of two new single-family homes. In addition, parcel number 34-443-0070 for construction of a new twin home. The abatements will assist in new construction and increase the tax base for the community.

Mayor Murray opened the public hearing regarding a housing tax abatement for parcel number 34-431-0130 (2329 9th Street West). He called three times. No one spoke. Mayor Murray closed the public hearing.

A1. Resolution 23-203 Authorizing a Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Construction of a Single-Family Home – 2329 9th Street West

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

(See Secretary’s Original Resolution 23-203
Included with these minutes)

B. Public Hearing Regarding Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Construction of a Duplex-Family Home – 2330 9th Street West.

Mayor Murray opened the public hearing regarding a housing tax abatement for parcel number 34-443-0060 (2330 9th Street West). He called three times. No one spoke. Mayor Murray closed the public hearing.

B1. Resolution 23-204 Authorizing a Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Construction of a Duplex-Home – 2330 9th Street West

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

(See Secretary’s Original Resolution 23-204
Included with these minutes)

C. Public Hearing Regarding Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Construction of a Duplex-Family Home – 2334 9th Street West.

Mayor Murray opened the public hearing regarding a housing tax abatement for parcel number 34-443-0070 (2334 9th Street West). He called three times. No one spoke. Mayor Murray closed the public hearing.
C1. Resolution 23-205 Authorizing a Housing Tax Abatement on Property Within the City of Albert Lea for the Purpose of Funding Costs for Construction of a Duplex-Family Home – 2334 9th Street West

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

(See Secretary’s Original Resolution 23-205
Included with these minutes)

D. Ordinance 23-101 Amending Chapter 2 – Administration (1st Reading)

This ordinance is to align the City’s practices with the ordinance making a clear separation on what requires Council approval and the remaining policies are management approval. Primarily what is charged to people, what employees receive in reimbursements or benefits, and incentives for development are to be approved by Council.

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

(See Secretary’s Original Ordinance 23-101
Included with these minutes)

E. Ordinance 23-102 Amending Chapter 4 Alcoholic Beverages – Article 1 – In General – Sec. 4.001 – Definitions and Enacting Sec. 4.006 – Open Bottle (1st Reading)

The Albert Lea Police Department recommends an Open Bottle Ordinance (Petty Misdemeanor) to address alcohol, or cannabis/THC beverage consumption/possession concerns on any street or other public property except as licensed or signposted by the council. Ordinance language compliments Minn. §169A.35 – Open Bottle Law addressing drinking, consumption, and possession of alcoholic beverages in a motor vehicle when the vehicle is upon a street or highway.

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

(See Secretary’s Original Ordinance 23-102
Included with these minutes)

F. Ordinance 23-103 Amending Chapter 32 – Parks and Recreation (1st Reading)

Adopting this resolution will update rules for City of Albert Lea parks to help ensure the safety and enjoyment for everyone using our parks. Prohibiting cannabis use in parks prompted staff to review all park rules, which have remained the same since 2008. The major changes clarify the rules prohibiting alcohol, cannabis and tobacco; add ATVS, UTVS and dirt bikes to the definition of motor vehicles prohibited in parks except on designated roads and in parking areas; and that a written agreement with the city is needed to store any personal property in parks. Violators could be charged with a petty misdemeanor. Park users could report violations to Albert Lea police by calling the non-emergency dispatch number at 507-377-5780. The Parks and Rec Board recommends adopting these park rules, as do city staff.

In response to councilor Howland’s comment, Rigg confirmed the word “nicotine” was inadvertently left out under #3 of this ordinance. He assured council it will be included for approval in the final reading.

(See Secretary’s Original Ordinance 23-103
Included with these minutes)

G. Resolution 23-206 Approving Sale of Real Estate from the City of Albert Lea to Keith Johnson Construction, Inc. – 728 S. Newton Ave.

In the 2022 tax forfeiture sale the City took possession of the residence and accessory structure at 728 Newton Ave South. At the time the intent was to remove the structurally compromised detached garage, and rehabilitate the residence by means of a new foundation. After assessing and collecting quotes, it was determined the rehabilitation would be cost prohibitive. Total cost to date for cleanup, garage removal and preliminary testing is $5,756.06.

A second “Request for Proposals” was advertised with the intent of a private party repairing, or removing and replacing with viable housing options. This property is in a “R-2” One to Four Family District, which leaves excellent opportunity for development.
Keith Johnson Construction of Blooming Prairie has agreed to a purchase price of $1. With the stipulations repairing or razing the structure within 12 months or building new housing within 24 months. If that is not accomplished, the city retains the right to reassess the property for $8,000.00 and also for the City to raze the structure and assess that cost to the Property.
Staff is recommending Council approval of the Resolution Approving the Sale of Real Estate from The City of Albert Lea to Keith Johnson Construction, Inc.

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

(See Secretary’s Original Resolution 23-206
Included with these minutes)

H. Resolution 23-207 Approving Terms and Authorization of Agreement for Deferred Assessment – 728 S. Newton Ave.

Staff is recommending the approval of Resolution Approving Terms and Authorization of Agreement for Reversionary Interest and Deferred Assessment.

(See Secretary’s Original Resolution 23-207
Included with these minutes)

I. Resolution 23-208 Approving Sale of Real Estate from the City of Albert Lea to Ruben Enriquez – 401 College St. W.

In the 2022 tax forfeiture sale the City took possession of the residence at 401 College St. W. as a hazardous structure in need of removal. Removal was in at a total cost of $19,130.12 in 2023. Due to the small 33’ width of the lot, it was determined that marketing it for a new residence would not be a viable option. The adjoining neighbors were offered the ability to split the lot and add to their existing lots for a reasonable amount. Neighbor to the west declined the offer.

Owner of 333 College St. W. agreed to purchase the entire lot and combine with his for $5000 plus surveying and closing costs. In addition, agreed to accept an additional $5000 assessment in return for the city removing an extremely large dead oak tree that was a danger to two neighboring properties.
Staff is recommending the Council approve the sale for a total of $11,242.50. Less a $3000 down payment, leaving a 5-year assessment of $8,242.50 at 5.23% interest.
Motion made by Councilor S. Rasmussen, seconded by Councilor Christensen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-208
Included with these minutes)

J. Resolution 23-209 Levying Special Assessments for Charges and Fees for the Purchase of 401 College Street W.

As noted above, Staff is recommending Council approve leaving a 5-year assessment of $8,242.50 at 5.23% interest.

(See Secretary’s Original Resolution 23-209
Included with these minutes)

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

Ward Items – None.
Committee Update – Continues to meet with the budget committee as well as Blue Zones.

Second Ward, Councilor Baker reported:

Ward Items – Inquired if a doggie bag dispenser could be installed at Schoff Park by next spring. Additionally, he commented that people are using the new sidewalk on Main Street to walk their dogs and suggested a dispenser be installed there as well.
Committee Update – Attended an Historic Preservation Commission meeting last week where a project was approved and guidelines for the HPC were reviewed.

Third Ward, Councilor Howland reported:

Ward Items – None
Committee Update – None

Fourth Ward, Councilor S. Rasmussen reported:

Ward Items – Concurred with Councilor Baker’s suggestion on dog dispensers and reminded residents to clean up after their pets.
Committee Update – None

Fifth Ward, Councilor R. Rasmussen reported:

Ward Items – None
Committee Update – Attended a Library Board meeting and reported on their recent events. SELCO increased its legacy funding from $3500 to $4000 to assist in paying performers for programs. Friends of the Library held a book sale and raised $1,917.30 to help support programs and equipment. A version of Ancestry is being considered to be added to the Library for researching genealogy. Lastly, the 2023 goal updates were reviewed.

Sixth Ward, Councilor Anderson reported:

Ward Items – None
Committee Update – Commended City staff for Christmas decorations hung throughout the downtown.

MAYOR REPORT:
Attended the on-going City Budget meetings.

Mentioned the upcoming events and said the events are also listed on the City’s website.

CITY MANAGER REPORT

Budget process is wrapping up in the next couple of weeks
Union negotiations are proceeding well
Façade agreement is almost complete so the closing may proceed on the Jacobsen and Bank Buildings
Zoning ordinances are being reviewed for updates
Attended the Chamber Leadership as a presenter
Will be meeting with the State’s bonding committee at the WWTP tomorrow regarding the bonding request

APPROVAL OF CLAIMS
A. Resolution 23-210 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 Christensen. 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 23-210
Included with these minutes)

CLOSED SESSION: Mayor Murray requested a motion to move into closed session Subject to Minn. Stat 13D.05, subd. 3(c) to discuss sale of City owned property and Subject to Minn. Stat 13D (3) – Union Negotiations.

At 7:41 p.m. motion made by Councilor Anderson to move into closed session, seconded by Councilor Baker. 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.

At 8:50 p.m. Councilor Anderson motioned to return to open session, seconded by Councilor Baker. On a 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.

Mayor Murray announced staff was provided with direction in the closed session.

Councilor Howland motioned for adjournment, Councilor R. Rasmussen seconded. 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, December 11, 2023. On roll call vote, all councilors voted in favor of said motion.

Mayor Murray declared the motion passed and the meeting adjourned.

ADJOURNMENT: 8:52 P.M.

Mayor Murray declared the motion passed and the meeting adjourned.

____/s/________________________
Mayor Rich Murray

___/s/_________________________
Daphney Maras
Secretary of the Council