August 28, 2023 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, August 28, 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, and City Clerk Daphney Maras.

ADDITIONAL STAFF PRESENT: Sergeant-at-Arms-Public Safety Director JD Carlson, Human Resource Director Mike Zelenak

ABSENT: City Attorney Joel Holstad of Lake National Law LLP.

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
Public Safety Director Carlson introduced two new Police Officers recently hired, Benjamin Witham and Dylan Callahan followed by Clerk Maras administering the Oath of Office.

PUBLIC FORUM – No one spoke

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes of the August 14, 2023 Regular Council Meeting
B. Approve Minutes of the August 14, 2023 Work Session
C. License & Permits
D. Resolution to Approve Donation of Funds for a new Pelican Breeze Dock and Donor Plaques
E. Resolution Approving Donation of Memorial Bench Along Blazing Star Trail in Memory of Terry and Jeremy Brink
F. Resolution Accepting Donations as Presented to the City of Albert Lea
G. Resolution Approving Appointment to the Board of Soil and Water Resources Wetland Technical Evaluation Panel (TEP)
H. Resolution Declaring Mexican Independence Day Celebration as a Community Festival
I. Resolution Approving Voting Operations, Technology, and Election Resources (VOTER) Account Agreement

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

(See Secretary’s Original Resolution 23-143 through 23-148
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – Bruce Nesse – Pelican Breeze Foundation Representative

UNFINISHED BUSINESS

A. Ordinance 23-100 Amending Chapter 22 – Health (2nd Reading)

This is the second and final reading of the ordinance amending Chapter 22 – Health. The amendment is adding the enforcement mechanism prohibiting the use of cannabis in public places. Staff and the Park and Recreation Board recommends approval of this final reading.
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 23-100 Included with these minutes)

NEW BUSINESS

A. Resolution 23-149 Authorizing Broadway Ridge Renewal Grant Funding for 115 S. Broadway – Gilbert J. Johnson Jr.

Gilbert J. Johnson Jr, 115 S Broadway submitted a Broadway Ridge Renewal Grant for reimbursement up to 50% of costs associated with a complete roof replacement. The total improvement cost is $23,968.68 which will provide the applicant with a 50/50 match grant per policy of $11,984.34. All improvements have been completed and reviewed by the City’s Zoning and Building Official for compliance with application requirements. Staff recommends approval of the attached resolution which approves funding for up to 50% of the total project or $11,984.34.

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, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

(See Secretary’s Original Resolution 23-149
Included with these minutes)

B. Resolution 23-150 Authorizing Broadway Ridge Renewal Grant Funding for 119 S. Broadway – Gilbert J. Johnson Jr.

Gilbert J. Johnson Jr, 119 S Broadway submitted a Broadway Ridge Renewal Grant for reimbursement up to 50% of costs associated with a complete roof replacement. The total improvement cost is $23,400.00 which will provide the applicant with a 50/50 match grant per policy of $11,700.00. All improvements have been completed and reviewed by the City’s Zoning and Building Official for compliance with application requirements. Staff recommends approval of the attached resolution which approves funding for up to 50% of the total project or $11,700.00.

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, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Resolution 23-150
Included with these minutes)

C. Resolution 23-151 Authorizing Broadway Ridge Renewal Grant Funding for 104 S. Broadway – The Taco King, LLC

The Taco King, LLC, 104 S Broadway submitted a Broadway Ridge Renewal Grant for reimbursement up to 50% of costs associated with new aluminum double hung windows, framing and signage. The total improvement cost is $42,352.32 which will provide the applicant with a 50/50 match grant per policy of $21,176.16. All improvements have been completed and reviewed by the City’s Zoning and Building Official for compliance with application requirements.

Certain members of the community, agencies and involved parties have asked or suggested staff apply a more favorable review of the original application by applying old expenses as part of the property owners match. Staff did review these older expenses but based on what was submitted, policy, and fund balances, staff recommends 50% of the costs starting from the time of the original application in July 2022 for an amount of $21,176.16.

Motion made by Councilor Baker 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 23-151
Included with these minutes)

D. Resolution 23-152 Awarding Professional Services Agreement with Donohue & Associates for the WWTP Facility Plan Peer Review – Job 2108

Because of the large project scope and costs associated with the WWTP, the City sent out Requests for Proposal invitations to qualified engineering firms to conduct a peer review of the 80-million-dollar WWTP Plan created by Bolton and Menk. This review is for the purpose of having a second set of eyes reviewing the costly and complex facility plan to ensure the assumptions, plans and calculations associated with the new project are accurate and the best use of City resources.

This agreement is to provide engineering services required for peer review and value engineering of the WWTP Facility Plan. This peer review encompasses five review tasks. The tasks are as follows:
Task A Project Management
Task B An overall review of the existing Facility Plan and its recommendations
Task C Opinion of Probable Construction Cost and 20 Year Lifecycle Costs
Independent Review
Task D Conceptual Engineering Report Assessment
Updated Opinion of Probable Construction Cost
Update Lifecycle Costs
Task E Value Engineering

Of the five invitations, three firms responded with proposals. These have been reviewed and scored for cost, approach, qualifications and timeline by City staff. All three firms were very qualified and provided good proposals.
Staff is recommending entering a professional engineering services agreement with Donohue & Associates for a lump sum cost of $30,640.
To Baker’s comment, Rigg reiterated this is a method used for a second set of eyes and not meant to overturn the entire process. Councilor Christensen commented she supports obtaining this second opinion. Jahnke provided additional background to the purpose of the Peer Plan 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 Resolution 23-152
Included with these minutes)

E. Resolution 23-153 Approving Permanent Right-Of-Way Easement

The City is set to go to trial on Tuesday August 29, 2023 with property owners Joanne and Gary Hagen over their claims that the City does not have an easement from the north curb of Albert Lea Street to the shoreline. Evidence suggests that when an easement was drafted it was to the shoreline given all the subsequent documents, however it was not recorded or was lost. This agreement is meant to resolve any dispute between the City and the property owners.

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 23-153
Included with these minutes)

F. Resolution 23-154 Authorizing Action on Tax-Forfeited Properties (City-Requested Properties)

The City is looking to acquire certain properties to make significant corrections before they can be put back onto the private market. Without certain guarantees that these corrections will happen outside of direct City involvement, staff is recommending the following properties be acquired. City Manager Rigg provided background detail on each property:

• 409 Clark St – Demolition and candidate for new housing given lot size.
• 225 Pearl St – Significant junk, liens, taxes and foundation issues makes private solution a likely loss. With no liens and a loss no greater than demolition, this property may cash flow afterwards.
• 122 Ermina – Partial demolition of the warehouse and full demolition of the office building. Once cleaned of non-fixed items inside and stabilized, this property may break even for commercial use or provide useful storage for the City.
• 821 Jefferson – There are significant issues with this property. It has been posted as a hazard. To maintain unit rentals, significant HVAC and structural work needs to occur. Liens and cost to make these basic changes would limit significantly profit potential, limiting chances of rehabilitation without City intervention.
• 917 Broadway Ave South – The concern about demolishing this property by private ownership is costs of asbestos. If a private owner decided to purchase and guarantee the City completion of demolition with acceptable grading and landscaping afterwards, staff would recommend withdrawing request.
• 725 Plainview Lane – This is demolition. No chance to save this property. Use is unknown at this time given: 1) it is near the public works facility, 2) is large enough to build upon; 3) could be split to improve neighboring property values/reuses. The building cannot be saved and needs to come down.
• 1712 Eberhart St – This is demolition only. This may later need be adjoined to neighboring property(s) to allow for growth and modern lot dimensions. Reuse is unlikely.
• 502 Adams – This property could be part of the parkway along the trail and in the past had junk stored on it.
• 34.403.0010 – This property is 1 of 2 that was a “failed” development. This lot also contains a stormwater detention pond.
• 34.403.0020 – This property is 2 of 2 and does not have the required easements recorded to allow neighboring properties to have access to their properties. If the easement was recorded, the City would withdraw its request for both properties.

Baker asked what the timeline is for the properties deemed to be demolished to which Rigg responded sometime over the winter.

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 23-154
Included with these minutes)

G. Resolution 23-155 Authorizing Action on Tax-Forfeited Properties (Cancel or Reduce Assessment)

Staff is recommending changes to the assessment balances so the County may increase the salability of the properties at the tax forfeiture sale in September.

Motion made by Councilor S. Rasmussen 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 23-155
Included with these minutes)

H. Resolution 23-156 Approving Publication Summary of Ordinance 23-100 – Amending Chapter 22, Health.

The attached resolution approves publication of a summary of Ordinance 23-100.

(See Secretary’s Original Resolution 23-156
Included with these minutes)

I. Resolution 23-157 Ordering Improvement and Preparation of Plans for Property Stabilization at 137 Clark Street East

Rigg said in June, he notified Council that staff began hiring an engineer and requested quotes for stabilization companies due to bricks falling off the north wall at 137 Clark Street East and into the alley. Given the timing and urgency staff had to hire a stabilization company after getting quotes from available contractors. Inspections reveal significant issues with the roof that caused damages to the walls. Delaying improvements will not improve costs to preserve the building long term. All costs are to be assessed against the property.

Howland commended City staff for ensuring this situation has not been allowed to continue to worsen. Anderson had questions regarding potential damage to the nearby building. Rigg responded it could potentially cost the City a considerable amount in repairs.

Rigg explained the property owner will be assessed for all the costs. In addition, additional properties they own inside City limits will also be assessed. Mayor Murray asked what the value of the owner’s additional properties are, to which Rigg said one of the properties is directly adjoined to this building however, none of the properties contribute much value.

Mayor Murray exclaimed concern of the blighted properties continuously coming before the City for repair, demolish, or forfeiture and inquired as to what the plan is to remedy this problem. Rigg explained the preemptive measures put in place now that did not exist in the past. As an example, grants are provided to assist in the cost of preserving the property. Inspections are taking place before roofs and/or basements are caving in to allow for repairs in advance of further deterioration.

Christensen suggested a “special meeting” to further discuss solutions to saving and/or repairing properties.

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 Resolution 23-157
Included with these minutes)

MAYOR AND COUNCIL REPORTS:

First Ward, Councilor Christensen reported:
• Ward Items – None
• Committee Update – Attended the fundraiser for the All-Inclusive Park project. Described the new Blue Zones Netflix series “Live to 100” and encouraged the community to watch. Spoke of the many festivals happening and coming up in the community.

Second Ward, Councilor Baker reported:

• Ward Items – Working on one ward item.
• Committee Update – Attended the HRA meeting and reported the recent staff changes.

Third Ward, Councilor Howland reported:

• Ward Items
• Committee Update – Attended the fundraiser for the All-Inclusive Park and reported they raised over $27,000. Although he was unable to attend the recent Park & Rec Board meeting, he provided a report from the minutes. These included a review of the APEX proposal for the recreation facilities repairs, and the Park & Board recommends the City pursue the projects as noted in the CIP. The City pool has closed for the summer. He reported 17,861 people attended the pool over the summer, 180 memberships sold, 332 people registered for swim lessons.

Fourth Ward, Councilor S. Rasmussen reported:

• Ward Items – Continues to encourage residents to report nuisance issues such as refuse, weeds, etc.
• Committee Update – The Senior Center is offering an event traveling to Mystic Lake Casino. Worked the gate for the All-Inclusive Park fundraiser and was happily astounded at the generosity of donations.

Fifth Ward, Councilor R. Rasmussen reported:

• Ward Items – None
• Committee Update – Attended a Library Board meeting where they reviewed the success of the summer programs, a local author event was recently held and was well attended. The Library has plans to install a self-serving printing station in the Fall. A strategic planning process will be reviewed in 2024. Outreach events continue and include diverse populations in the community. The Library Director has reached out to organizations to the possibility of collaboration with programs. Circulation has increased by 14% since eliminating youth fees.

Sixth Ward, Councilor Anderson reported:

• Ward Items – None
• Committee Update – Attended an HRA meeting. There is some inquiry to HRA offering housing grants.

MAYOR REPORT:

Attended the following meetings and/or events:
• Participated in the All-Inclusive Fundraiser as he was put in the dunk tank.
• Business after hours last Tuesday
• Proudly spoke of the Netflix series “Live to 100” featuring Albert Lea. He read an excerpt from the Star Tribune related to this series.
• Announced the last Thursdays on Fountain is August 31st

Announced all the upcoming events.

CITY MANAGER REPORT

• Attended the Chamber of Commerce Leadership program kick-off. Spoke of his support of this program.
• Staff continues to work on the budget
• The healthcare plan is currently being reviewed
• Attending meeting with ALEDA and review potential business developments
• Looks forward to working with the new HRA Director
• Staff continues with discussions related to Cannabis laws and zoning

APPROVAL OF CLAIMS

A. Resolution 23-158 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 23-158
Included with these minutes)

CLOSED SESSION: Mayor Murray stated a motion to move into closed session is requested Subject to Minn. Stat 13D (3) – Union Negotiations

MOTION: Move to enter into closed session at 8:09 p.m.

Motion made by Councilor Anderson, 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.

At 9:35 p.m. Councilor Anderson motioned to return to open session, seconded by Councilor Christensen. 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 Christensen 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, September 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: 9:36 P.M.
___/s/_________________________
Mayor Rich Murray
___/s/_________________________
Daphney Maras
Secretary of the Council