April 11, 2022 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, April 11, 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.

ABSENT: Councilor Al Brooks and City Attorney Kelly Martinez

CEREMONIAL ITEMS
City Clerk Daphney Maras administered the Oath of Office to:

• Police Officer Michael Johnson
• Police Reserve Officers – Dylan Callahan and Ryan Green

PUBLIC FORUM
Sue Runden – Requested the City Beach property be rescinded from the proposed Marina project.

CONSENT AND APPROVAL OF AGENDA
Mayor Rasmussen read through each item on the consent and approval agenda and stated item 8H under new business will be removed and tabled at the request of the property.

A. Approve Minutes of The April 11, 2022 Regular Council Meeting
B. Approve Minutes of The April 11, 2022 Work Session
C. License & Permits
D. Resolution Acknowledging State Approval of Annexation for Albert Lea Township – 1960 Wilby Rd.
E. Resolution Declaring ‘Wind Down Wednesdays’ As Community Festivals Within the City of Albert Lea
F. Resolution Supporting Special Events in Albert Lea
G. Resolution Accepting Donation for a Memorial Tree
H. 2022 Hometown Pride Spring Cleanup Day – April 30, 2022

Motion made by Councilor Baker to approve the consent agenda as read with the removal of item 8H under New Business, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-074 – through 22-077
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Ordinance 22-071 Amending Zoning & Land Use Map_Property Annexed from AL Township – 1960 Wilby Rd. (2nd Reading)

The first reading of this ordinance was held at the meeting of February 14th. This ordinance is an approval to amend the official zoning and land use map for the City of Albert Lea. Included is parcel 08-150-0010 providing a zoning designation of Single-Family Residence District (R-1) in order to facilitate construction of a new residence.

Motion made by Councilor Murray to approve the 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. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 22-071
Included with these minutes)

NEW BUSINESS
A. Public Hearing Regarding City’s Proposed Tax Abatement for The Acquisition of Property from Freeborn Mower Electric Cooperative

City Manager Rigg explained the purpose of this public hearing is that the City combined the purchase of the land for the Fire Station with the incentives from tax abatement if Freeborn Mower Electric Cooperative were to build a new facility. The tax portion to be abated is the City’s portion in an annual amount of $32,150 out of the estimated $53,000 in newly generated taxes the City would receive. This agreement is for 7 years for a total of $225,000.

Mayor Rasmussen opened the public hearing. He called three times. No one spoke. He explained this public hearing will remain open and will continue at the next scheduled council meeting on April 25th at 7:00 p.m.

Motion made by Councilor Baker to continue this public hearing to the next scheduled council meeting of April 25, 2022, seconded by Councilor Murray. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

B. Public Hearing Regarding Designating Unincorporated Area in Need of Orderly
Annexation (Schroeder)

Rigg explained the City of Albert Lea and the Township of Albert Lea are in agreement as to the orderly annexation of unincorporated land as described in the attached Resolution. Both believe it will be to their mutual benefit and to that of their respective residents.
Mayor Rasmussen opened the public hearing. He called three times. No one spoke. He closed the public hearing.

B2. Resolution 22-078 Approving Annexation Designating Unincorporated Area in Need of Orderly Annexation (Schroeder)

Rigg continued to explain Scott Schroader has petitioned the City for annexation and connection to city sewer and water which were installed in 1990 in order to facilitate construction of a new home. A Joint Resolution has been prepared setting forth the terms and conditions for annexation.

Motion made by Councilor Olson to approve, 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. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-078
Included with these minutes)

C. Public Hearing Regarding Designating Unincorporated Area in Need of Orderly Annexation (Norby)

The City of Albert Lea and the Township of Albert Lea are in agreement as to the orderly annexation of unincorporated land as described in the attached Resolution. Both believe it will be to their mutual benefit and to that of their respective residents.

Mayor Rasmussen read aloud a letter written by Councilor Brooks in his absence. The letter is in objection to this annexation. In response to a comment within the letter regarding the necessity of a road being built, Howland asked for confirmation. Rigg responded there is no intention of building a new road other than to make a small correction in the curve to correct the proposed right-of-way. At this time the road will remain gravel. Baker asked for the map exhibited during the work session outlining the legal description be presented again at this time. The map was displayed and Rigg detailed the property boundaries of Mr. Schroader’s property. Noting, if the property owned by Mr. Norby were to be left within the Township while Mr. Schroader’s is annexed into the City, an “island” would occur within the City’s corporate boundaries and this is simply not allowed. To Howland’s inquiry, Rigg explained the road in question, although has been used by several property owners in the area, is a private drive currently owned by Mr. Schroader. If annexation is approved, Mr. Schroader has agreed to designate 50’ of land for a public right-of-way.

To Baker’s question, Rigg said Mr. Norby’s property taxes would increase to approximately $86 per year if annexed into the City of Albert Lea. To Baker’s next question, Jahnke stated there are no current plans for the City to install curb and gutter in that area. Therefore, no street assessments would be incurred unless the neighbors petitioned for this service or for some reason there was cause for the City to install curb and gutter.

Mayor Rasmussen opened the public hearing. He called once. No one spoke. He called a second time. Tom Norby spoke of his objection to this annexation. Mayor Rasmussen called a third time. Scott Schroader spoke of his support for this annexation. Mayor Rasmussen closed the public hearing.

C2. Resolution 22-079 Approving Annexation Designating Unincorporated Area in Need of Orderly Annexation (Norby)

Due to a petition for annexation from a neighboring property owner, staff has assessed the need to annex additional property simultaneously in order to create proper right-of-way and eliminate island properties in Albert Lea. In addition, utilities were made available in 1990 and the City has been maintaining the roadway surrounding the property since the early 1970’s.

City staff attended an Albert Lea Township meeting to discuss the proposed orderly annexation of both properties and also provided information on the expected tax revenue loss once the annexations are completed. Lastly, a public hearing was advertised and notification sent to all neighboring property within 350 ft of each parcel.

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

(See Secretary’s Original Resolution 22-079
Included with these minutes)

D. Ordinance 22-072 Amending Zoning & Land Use Map_Property Annexed from AL Twp.- Schroeder (1st Reading)

This is the first reading of an Ordinance amending Zoning and Land Use Map will assign R-1 Single Family Zoning to the property annexed by orderly annexation. R-1 Single Family Zoning is consistent with the surrounding area.

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

(See Secretary’s Original Ordinance 22-072
Included with these minutes)

E. Ordinance 22-073 Amending Zoning & Land Use Map_Property Annexed from AL Twp.- Norby (1st Reading)

Motion made by Councilor Howland to approve the 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. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Ordinance 22-073
Included with these minutes)

F. Resolution 22-080 Accepting Bid for the 2022-2026 Farmland Lease (Job 2112)

Engineering has reviewed the bids opened Tuesday, April 5, 2022 for the 2022 – 2026 Farmland Lease. The farmland lease consists of approximately 44.50 acres of farmable land. The approximate 44.50 acres consists of five different tracts. The tracts are as follows:

1. City Arena 8.8 acres
2. City Garage 4.5 acres
3. Keystone Property 4.1 acres
4. Spark Avenue 2.7 acres
5. Tract 9422 24.5 acres

Cover crops such as oats and wheat are required for the first year, then hay crops such as grass, clover and alfalfa for the remaining four years. The lease will be for five years, April 1, 2022 – December 31, 2026.
One bid was received. Engineering recommends the low bid of $155 per acre as submitted by Justin Krueger of Albert Lea, Minnesota.

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, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-080
Included with these minutes)

G. Resolution 22-081 Accepting Bid for the 2022 State Aid Overlay Project (Job 2202)

Engineering has reviewed the bids opened Tuesday, March 29, 2022 for the 2022 State Aid Overlay Project. The project involves bituminous mill & overlay, and miscellaneous curb & gutter and sidewalk replacement along the following streets:

Hammer Road – Bridge Avenue to Sorensen Road
Richway Drive – Bridge Avenue to Garfield Avenue

Engineering received one bid from Ulland Brothers Inc. in the amount of $769,956.23. The Engineer’s estimate was $708,791.00. The bid was approximately 9 percent higher. The main items that were significantly higher than the engineers estimate were mobilization, storm sewer installation, and sodding.
Engineering is recommending the low bid of $769,956.23 as submitted by Ulland Brothers Inc. of Albert Lea, Minnesota. The bid abstract is attached.

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

(See Secretary’s Original Resolution 22-081
Included with these minutes)

H. Resolution (Tabled) Amending Conditional Use Permit For 504 Lake Chapeau Drive

(This item was approved under the consent agenda to be tabled for the time being at the property owner’s request).

I. Resolution 22-082 For Aquatic Center Program for Freeborn County Head Start Students

As part of its ongoing efforts to ensure equitable participation in City programs and enjoyment of City amenities, the Recreation Department would like to offer family passes and one session of swim lessons – at no charge – to students enrolled in Freeborn County Head Start for the 2022 season.

The mission of Head Start, part of Families First in Minnesota, is to ensure positive beginnings for all young children and their families. Head Start emphasizes the role of parents as their child’s first and most important teacher. Head Start includes a no-cost preschool program focusing on parent and child development, for those who qualify:
• Pregnant women, infants, toddlers and children up to age 5.
• Eligibility is based on income guidelines.
• Other eligibility criteria are considered.
• Services available to children with special needs.

The Freeborn County Head Start program has 54 students who attend preschool in partnership with School District 241.
The Aquatic Center has capacity for additional participants and this program would not result in additional costs for the City. The Aquatic Center is often under capacity of its maximum 225 swimmers. Many of the Aquatic Center costs are fixed, in that the same level of supplies and Life Guard staffing are needed, no matter the number of swimmers.

By clearing a financial hurdle for Head Start families, this program would result in preschool children learning water safety, which is important for overall safety at the pool and for our community, given the number of local lakes. In addition, the Aquatic Center would be more inclusive, as far as fostering participation of people from different backgrounds. Also, including more people may lead to more teens being interested in earning Life Guard certification and working at the Aquatic Center.

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

(See Secretary’s Original Resolution 22-082
Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported:
• Ward Items – Received several comments regarding updates to City Hall as well as the potential Marina.
• Committee Update – He and ALEDA Director Philip Johnson continue meeting with businesses throughout the City to learn what their needs are. Last week they met with Keven LaFrance of Home Federal Bank. Attended the City’s Comp Plan meeting last week.

Second Ward, Councilor Baker reported:
• Ward Items – Is working with the City Manager on one ward item.
• Committee Update – Attended a Planning Commission meeting last week. Attended the Comprehensive Plan meeting last week. Extended his appreciation to City staff for providing patience, answers, and research to the Council when asked.

Third Ward, Councilor Howland reported;
• Ward Items – Received calls regarding the potential Marina. He confirmed the proposal does not include the City Beach and would not eliminate the Skatepark as that would be relocated. In addition, he reiterated these are proposals only at this time. He supports the Marian project but perhaps in a different location.
• Committee Update – None

Fourth Ward, Councilor Olson reported:
• Ward Items – Working on a ward item.
• Committee Update – Attended an HRA meeting last week. Started interviews to replace the HRA Director position.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on one ward item
• Committee Update – None

Sixth Ward, Councilor Brooks reported: ABSENT
• Ward Items –
• Committee Update –

MAYOR’S REPORT:
• Attended the Comprehensive Plan meeting last week and encourages the community to participate.

CITY MANAGER REPORT
• Has received comments regarding the Marina proposal. He spoke of different locations and why several of the properties the public has addressed would not meet Marina requirements.
• Staff is working with the CVB and ALEDA to move forward with a software program to allow tracking of shoppers and visitors to the community.
• Mentioned Mayo’s announcement of a $15 million renovation to the local clinic.
• Attended the HRA Director interviews.
• The SBA will be visiting Infinite Recycling in Albert Lea. They selected this business out of three in the State.

APPROVAL OF CLAIMS

A. Resolution 22-083 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 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. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-083
Included with these minutes)

ADJOURNMENT: 7:44 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, April 25, 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