REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, April 10, 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 Bryce Holstad of Lake National Law LLP, Sergeant-at-Arms-Public Safety Director JD Carlson, and Deputy City Clerk Karla Tukua
ABSENT: City Clerk, Daphney Maras
CALL TO ORDER AND ROLL CALL – Mayor Murray called the meeting to order at 7:00 PM. Deputy City Clerk Tukua administered roll call.
PLEDGE OF ALLEGIANCE – Mayor Murray asked all in attendance to stand and recite the Pledge of Allegiance.
CEREMONIAL ITEMS –Public Safety Director JD Carlson presented Josie E. Swenson with a Citizenship Award. She was nominated by Detective David Miller for providing information on a theft case that led to an arrest.
PUBLIC FORUM – None
Mayor Murray read through each item on the consent agenda.
CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The March 27, 2023 Regular Council Meeting
B. Approve Minutes Of The March 27, 2023 Work Session
C. Approve Minutes Of The March 22, 2023 Special Council Meeting
D. License & Permits
E. Resolution Authorizing Grant Agreement To State Transportation Fund Local Road Improvement Program Grant Terms & Conditions For Building Demolition (509 E. Main Street Property) SAP-101-010-014 – City Job No. 1806
F. Resolution Authorizing Grant Agreement To State Transportation Fund Local Road Improvement Program Grant Terms & Conditions for design costs For Stormwater & Flood Mitigation Improvements And Building Demolition SAP 101-010-013 – City Job No. 1806
G. Resolution Accepting Bid For The 5th Street And Frank Hall Drive Reconstruction Project – Job 2301
H. Resolution Approving Donation Of Portable Restroom Thofson Park – Tiger Hills
I. Resolution Declaring Wind Down Wednesdays As A Community Festival
MOTION: Move to approve the consent agenda as presented.
Motion made by Councilor Baker, 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 23-061 through 23-065
Included with these minutes)
PETITIONS, REQUESTS AND COMMUNICATIONS – None
UNFINISHED BUSINESS – None
NEW BUSINESS
A. Ordinance 23-088 Amending Chapter 12, Article V. – Mobile Food Carts And Mobile Food Vehicles (1st Reading)
City Manager Rigg stated the purpose of the ordinance is to address concerns about responsibility, applicability and purpose of the ordinance. The primary purpose of licensing businesses is the safety of the public and liability of the City. Under these changes those who prepare food will continue to be required under all circumstances (event, location or other) to obtain a license from the City to ensure they are meeting State licensing and inspection. Additionally, all other vendors of pre-packaged or non-food items doing business on City property shall also be required to register to make sure they are an insured business and provide basic contact information.
Once the first reading is approved, copies of the proposed changes will be sent to license holders so they are aware and may have opportunity to comment. Rigg stated that Staff is recommending that there will be a 4-week turnaround instead of the 2-week turnaround to allow businesses time to review.
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, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Ordinance 23-088
Included with these minutes)
B. Ordinance 23-089 Amending Chapter 12, Article X. Spas, Saunas And Massage, Bodywork And Somatic Therapies (1st Reading)
Rigg explained the purpose of the ordinance is to address concerns about authenticity of licensing, business history and public safety. Current ordinance requires so little in proof or background that nearly any person can obtain a license from the City. This ordinance sets standards for conduct, cleanliness, hours of operation, experience and a background check. The term “enterprise” used in the ordinance means a place of business. The ordinance change setting certain limitations on food preparation, restrooms and habitation should be referencing enterprises only, not home occupations or travelling therapists.
Once the first reading is approved, copies of the proposed changes will be sent to license holders so they are aware and may have opportunity to comment. As with the previous ordinance, there will be 4 weeks in between readings so businesses have the opportunity to review and comment.
Motion made by Councilor Christensen to approve, 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.
Councilor Christensen commented that we did discuss this in the work session. She stated that
we are fortunate in Albert Lea to have very qualified therapeutic massage professionals. She said that having the month in between readings will give them opportunity to read the ordinance, saying it’s a very well written ordinance and feels they will be accepting of it.
(See Secretary’s Original Ordinance 23-89
Included with these minutes)
C. Ordinance 23-090 Amending Chapter 12, Article XI. Taxicab (1st Reading)
Rigg stated the purpose of the ordinance is to address concerns about changes in the industry and public safety. Current ordinance does not require a background check allowing nearly any person to obtain a license from the City. Additionally, changes in certain taxi services such as rideshares had not been addressed in the current ordinance.
Once the first reading is approved, copies of the proposed changes will be sent to license holders so they are aware and may have opportunity to comment. Again, there will be 4 weeks in between the readings so businesses have the opportunity to review and comment.
Motion made by Councilor Baker to approve, 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 Ordinance 23-90
Included with these minutes)
D. Resolution 23-066 Entering A Construction Manager Agreement And Purchasing Agent Agreement With Larson Contracting Central LLC For The “All Together” Inclusive Park Construction
Rigg said the All Together Albert Lea Inclusive Playground and Miracle Field group has been fundraising for an inclusive playground which will be donated to Albert Lea. The group has previously presented this project to the City Council, the City supports this project and has contributed towards this project. Larson Contracting Central LLC has agreed to act as the construction manager and purchasing agent for the project. Larson Contracting Central LLC is donating their time for this service.
The resolution would enter into a Construction Manager Agreement and Purchasing Agent Agreement with Larson Contracting Central LLC for the “All Together Albert Lea Inclusive Playground & Miracle Field” Inclusive Park Construction.
Motion made by Councilor Howland to approve, 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 23-066
Included with these minutes)
E. Resolution 23-067 Approving an Agreement With “All Together Albert Lea Inclusive Playground And Miracle Field” & Freeborn County Chamber Foundation – Inclusive Park Construction – 2021 Misc. 269
Rigg reported that the All Together Albert Lea Inclusive Playground and Miracle Field group has been fundraising for an inclusive playground which will be donated to Albert Lea. The group has previously presented this project to the City council, the City supports this project and has contributed towards this project.
This resolution would formalize the responsibilities of the City, All Together Albert Lea Inclusive Playground & Miracle Field group and Freeborn County Chamber Foundation acting as the non-profit fiscal agent for All Together Albert Lea Inclusive Playground & Miracle Field.
Motion made by Councilor Christensen to approve, 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 23-067
Included with these minutes)
F. Resolution 23-068 Approving Sub-Agreement Between The Shell Rock Watershed District And The City Of Albert Lea
Rigg stated that in May of 2022 the City of Albert Lea Adopted the Shell Rock River & Winnebago River Watershed Comprehensive Watershed Management Plan (1W1P). From this a two-year implementation plan has been developed and BWSR has funded $367,128 toward the project. The plan has street sweeping and rain garden funding in the City of Albert Lea. The Shell Rock – Winnebago Comprehensive Watershed Management Plan Sub-Agreement Between the Shell Rock River Watershed District and the City of Albert Lea Shell Rock River Watershed District (SRRWD) details the projects responsibilities and how the City will be reimbursed for the projects.
The sub-agreement also requires the City to prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. Staff is recommending entering into the sub-agreement with the Shell Rock River Watershed.
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, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Resolution 23-068
Included with these minutes)
G. Resolution 23-069 Authorizing First Amendment To Agreement With Northwest Development Group, LLC
Rigg said that on June 15, 2021 the City of Albert Lea entered into a private agreement with Northwest Development Group, LLC (Sky Flats) for redevelopment of the property located at 1619 W Main Street which required substantial completion of the project by December 31, 2022. Due to unforeseen logistical challenges an amendment has been drafted which will extend the substantial completion date to August 31, 2023.
Motion made by Councilor Howland to approve, 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 23-069
Included with these minutes)
MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Christensen reported:
• Ward Items – Dealt with a few ward items together with the city.
• Committee Update – Attended the Blue Zones committee meeting, reported about the Blue Zones Lunch and Learn that will be Thursday in the Council Chambers from noon to 1pm.
Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – 2 Meetings – Last Wednesday he attended the ALEDA meeting, stated that there is a lot of positive things happening in the City. Attended the One Watershed One Plan meeting to discuss the Trail Plan. Will have an HRA meeting tomorrow, Tuesday, at 3:00pm, he along with two other members, will be talking with the person that is doing the searching for the HRA director.
Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Attended the CVB meeting, welcoming a few new members and they are reviewing their mission statement. One of the big things is the City, ALEDA, CVB, and Chamber are partnering up on the Albert Lea Redevelopment Challenge for the property at 132 S. Broadway, the former Hobby Shop. Howland stated that it is a unique idea to get proposals to redevelop this property, he then explained the process and the next steps for interested parties. He also let interested parties know they will need to go to ALRebuild.com to submit proposal.
Fourth Ward, Councilor S. Rasmussen reported:
• Ward Items – Working on a couple Ward items, working with city staff on street projects and miscellaneous items.
• Committee Update – Will be at a Senior Center Board meeting on Wednesday this week. S. Rasmussen then reminded residents about Tech Tuesday at the Senior Center, the first Tuesday of every month representatives from AT&T and Verizon are there to help with electronic items like tablets and cell phones.
Fifth Ward, Councilor R. Rasmussen reported:
• Ward Items – Has one ward item he is working on.
• Committee Update – None
Sixth Ward, Councilor Anderson reported:
• Ward Items – No new items but working on resolving a couple from last couple of weeks.
• Committee Update – No updates, but looking forward to hear Larry’s report on the search committee for the new HRA Director.
MAYOR REPORT – He attended the following meetings/events:
• ALEDA Meeting last Wednesday and exciting things/projects are happening, which he hopes
to continue to talk about throughout the next couple of months.
• Sat in on the Albert Lea High School’s strategic planning session last Tuesday. He explained that staff are working with committee members, high school senior staff and elementary school, working on planning going forward. Murray stated that this group was excited about what they are doing. He said it was fun to sit there and to listen to them, knowing this is where we will get our people from for the jobs being created.
• Meeting with Troy Schmidtke from DRC and Philip from ALEDA regarding the Recharge event coming up in May.
• He expressed that Councilor Howland mentioned the Redevelopment Challenge and Mayor Murray stated he thinks this is a very exciting program.
• Attended a meeting at the Sr. Center put on by the AARP in coordination with Freeborn County Group on being “Age Friendly”. Talking about how to get the Seniors more active and how as a city, having more activities or resources for seniors in the community.
• He then announced the openings on City Boards and Commissions and the upcoming events happening in the community.
CITY MANAGER REPORT
• He expressed that with the warm weather change, community members will see what was left behind with the thaw, which could be the occasional rut, garbage or litter that had been buried. He asked for patience as we work on this, the street sweepers and community officers are out. With the rapid thaw, it hits all at once. Staff will be working on getting this cleaned up, he also thanked staff in advance for their work on this.
• As others have mentioned we have the Development Challenge. Anyone that wants to know more please visit ALRebuild.com to learn more. He stated that it’s a very unique project that he is excited about moving forward on.
• There are a variety of projects that staff is working on funding and/or incentive packages, looking at potential development of another 96 apartment units and looking at continued platting at the Blazing Star site. Also a variety of locations in the downtown. He said he’s had to cross off items as we have a very engaged Council and a very engaged Mayor which is very appreciated. He also mentioned the Re-Charge event coming up the first weekend of May.
• He listed the items he had to follow up on with Councilors Christensen, Baker and Anderson, to which he said he will be following up with them on their issues.
Mayor Murray echoed City Manager Rigg’s comment about the Council’s engagement and he has been very impressed. He asked the citizens of the community that if they have questions to reach out to their councilors. If they don’t have the answers, they will go find it for them.
APPROVAL OF CLAIMS
A. Resolution 23-070 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, Tukua displayed a list of claims over $25,000 for the public’s viewing, transparency and education.
As claims were being displayed and read, it included Pay Est. 2 for Snyder Field Improvements. This prompted a question from Councilor Baker on whether the fields will be ready, to which the Public Works Director Steve Jahnke asked the Mayor if he could respond. Jahnke explained what was left to be done to the fields, with the goal to be ready by May 1st. He said it has been worked out with Albert Lea High School on where they can park and on what fields they can play until then. Baker then asked if the retention pond would be fenced. Jahnke stated no, it won’t be fenced and went into the reasons. Most ponds are now built with a safety slope and explained this process. Where the water level is, there is a piece that is 10 feet wide, that is only 1 foot deep. Essentially you can stand up if you fall in, and it’s how most ponds are built around the state.
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, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Resolution 23-070
Included with these minutes)
Councilor Baker brought up one more issue in regards to the dog park, he stated he had residents bring up to him that there are no dog stations from Bridge Avenue and the space between the housing and the apartment complex. They would like to see one dog station in this area. Mayor Murray stated he’d have the City Manager look into this.
ADJOURNMENT: 7:35 P.M.
Motion made by Councilor Howland, 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, April 24, 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/__________________________
Karla Tukua
Secretary Pro Tem of the Council