August 8, 2022

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, August 8, 2022, 7:00 p.m.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, and Robert Rasmussen. Also present were City Attorney Kelly Martinez, Sergeant-at-Arms, Public Safety Director JD Carlson, and City Clerk Daphney Maras.

ADDITIONAL STAFF PRESENT: City Planner Megan Boeck, and Finance Director Kristi Brutlag.

ABSENT: City Manager Ian Rigg and Public Works Director Steven Jahnke,

CEREMONIAL ITEMS

PUBLIC FORUM
Bruce Manwarren commented on grass clippings contaminating the lakes.

PETITIONS, REQUESTS AND COMMUNICATIONS

I. COUNCIL MEETING AGENDA OF AUGUST 8, 2022

Mayor Rasmussen read through the council agenda. He provided details of each item.

A. Approve Minutes Of The July 25, 2022 Regular Council Meeting
B. Approve Minutes Of The July 25, 2022 Work Session
C. License & Permits
D. Resolution Authorizing Agreement With The City Of Hartland For Enforcement Of Certain Ordinances
E. Resolution Accepting Donations As Presented To the City Of Albert Lea

Motion made by Councilor Baker to approve the consent agenda as read, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-165 and 22-166
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS –

A. Coalition Of Greater Minnesota Cities (CGMC) Update– Shane Zahrt

Zahrt provided updates of the most recent CGMC activities including the most recent legislative session. He spoke of how the session started with lots of potential and described challenges including constraints of operations due to COVID-19, redistricting, elections, ongoing political polarization as well as unfinished business from 2021. Although legislators came close on many tax bills, negotiations fell apart and the session ended in disappointment. He said neither the House nor the Senate produced a bonding bill. No bonding bill means infrastructure will have to wait and there was no money allotted for the Greater MN Housing Infrastructure Grant program. He provided highlights of how the last week of session ended. In a slide titled “Looking ahead to 2023” he described the potential changes in legislative control. He stated the CGMC will play a critical role educating new and returning legislators on Greater MN issues.
Councilor Howland mentioned the communication municipalities are receiving to appeal to legislation declaring a special session and asked if there is a deadline for a special session to be held. Zahrt indicated there is no formal deadline. Howland then illustrated his frustration with legislatures and said his message to officials at the State level is to do their job and support cities in funding WWTP upgrades so it does not fall on the taxpayers. Remarking the importance of the bonding bill to get passed.

Murray commented on the importance of housing in Albert Lea as well as most cities and asked if the infrastructure grant program bill had passed, in what way could that money have been used in Albert Lea to which Zahrt deferred to Dan Dorman who previously worked at the legislative level and continues to contribute to CGMC issues. Dorman indicated the fund would probably not have been utilized much locally due to the excess supply of residential lots. However, another bill that would have been included could have been used to assist in rehabbing local buildings and homes.

Baker spoke of the demands that the MPCA is putting on Cities to upgrade WWTP infrastructure and yet legislature denied the much-needed bonding and PFA to assist in financing. He implored legislature to support cities and provide bonding.

In closing, Zahrt announced Mayor Rasmussen’s award he received at the recent CGMC summer conference. The Jack Murray award is given each year to elected officials who over the course of their public service has demonstrated outstanding leadership. He thanked Mayor Rasmussen for his years of service.

Mayor Rasmussen thanked the Coalition for their partnership with Albert Lea and all surrounding cities. He then asked council for a motion to direct staff to prepare a resolution urging Governor Walz to Declare a Special Session to Pass a Bonding Bill and a Tax Bill with a Local Government Aid Increase and present at the next council meeting.

Motion made by Councilor Baker. Seconded by Councilor Howland. All councilors voted in favor of said motion. Mayor Rasmussen declared the motion passed.

In the absence of City Manager Rigg, Clerk Maras read the “what’s behind it” for each item on the agenda. Staff responded to councils’ questions as they presented.

UNFINISHED BUSINESS
A. Ordinance 22-078 Amending Rezoning And Land Use Map From Single Family Residence (R-1) To Limited Industrial (I-1) Located At 904 Spark Ave (2nd Reading)

This is the final reading of this ordinance. This amendment includes rezoning a vacant city property at 904 Spark Ave. from a Single-Family Residence (R-1) to Light Industrial (I-1) for use of a warehousing and office facility by Broadway Home Design.

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

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

NEW BUSINESS
A. Public Hearing Regarding Declaring Property Without Public Purpose, Waiving Planning Commission Review, And Authorizing Sale – 904 Spark Avenue

A public hearing is being held to consider declaring the property located at 904 Spark Avenue without any further public purpose, waive the Planning Commission review for analysis of consistency with the Comprehensive Plan, and sell the property at $5,000 on the condition the property is used for the building and operation of a warehouse and office space within one year of the date of closing and a 75-foot setback with vegetative screening.

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

A.1. Resolution 22-167 Declaring Property Without Public Purpose, Waiving Planning
Commission Review, and Authorizing Sale – 904 Spark Avenue

The property at 904 Spark Avenue contains no improvements, has only been used in the short-term for farming, and the City does not have any intention to develop the land for any public purpose. The City received a proposal to use the property for the building and operation of an approximately 3,500 square-foot warehouse and sales office for a local design-build/general contracting company for a purchase price of $5,000. Complete and full description of conditions are contained in the purchase agreement.

Motion made by Councilor Baker to approve, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Councilor Howland voted nay. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-167
Included with these minutes)

B. Resolution 22-168 Approving Variance – 2011 West Trail

The Board of Appeals met on July 27, 2022 to conduct a public hearing to consider a Variance application from Thomas and Paula Berg, 2011 West Trail, who seek a reduced side yard setback to allow for an attached garage addition. The existing primary structure is setback 6.8 feet from the property line and the request is to continue that setback for the length of the proposed addition. The Board of Appeals found that the property met the legal standards set forth by MN Statute 462.357 which includes a practical difficulty in regards to circumstances not created by the landowner—which is that the existing structure has a legal non-conforming side yard setback of 6.8 feet and the request for a variance is based off that existing setback.

Motion made by Councilor Baker to approve, seconded by Councilor Brooks. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Councilor Howland voted nay. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-168
Included with these minutes)

C. Resolution 22-169 Approving Variance – 1713 Oakwood Terrace
The Board of Appeals met on July 27, 2022 to conduct a public hearing to consider a Variance application from Roger & Barbara Johnson for a reduced front yard and bluff setback to allow for two separate additions. The front addition as proposed will encroach into the front yard a distance of 2.08 feet and the rear addition as proposed will encroach into the bluff setback a distance of 11.24 feet.

As required Section 50.0084 a notice of hearing was submitted to the MN DNR for review and comment: the request for a variance for a reduced bluff setback is not supported by the DNR and revision of the north addition to meet the bluff setback of 30 feet is recommended.

The Board of Appeals found that the property met the legal standards set forth by MN Statute 462.357 which includes a practical difficulty in regards to circumstances unique to the property not created by the landowner which is that the existing structure was not built parallel to the property line in the front and also that the NW corner of the existing structure encroaches into the bluff setback. The Board of Appeals recommends approval of a reduced front yard setback of 2.08 feet and a reduced bluff setback of 11.24 feet.

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

(See Secretary’s Original Resolution 22-169
Included with these minutes)

D. Resolution 22-170 Authorizing Action on Tax Forfeited Properties (Cancel or Reduce Assessments)

The four properties included in this resolution currently have assessment balances that are over the value of the property. The assessments were from mowing, utility bills and removal of hazardous structures on the properties. Staff is recommending canceling or reducing the assessment balances to increase the salability of the properties at the tax forfeiture sale in September.

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

(See Secretary’s Original Resolution 22-170
Included with these minutes)

E. Resolution 22-171 Authorizing Action on Tax-Forfeited Properties (City Requested Properties)
The four properties included in this resolution have a significant blight or hazardous material concerns. Two properties are deemed unsalvageable and shall be demolished. One property the City has already invested significant funds to stabilize and must complete the hazardous material removal and structure repairs to preserve the historic building. One property is unknown if it shall be demolished or the basement repaired and building stabilized. All current and future assessments against any of the properties may be assessed again once back on the private market.

To Murray’s question regarding which property’s basement shall be demolished or repaired and building stabilized, City Planner Megan Boeck responded 110 2nd Ave. North is the property in question.
Motion made by Councilor Baker to approve, seconded by Councilor Olson. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 22-171
Included with these minutes)

F. Resolution 22-172 Rescinding Approval of Tax Abatement and Rescinding Authorizing Execution of Tax Abatement Agreement – Freeborn Mower Electric Cooperative

On April 25, 2022 the City Council adopted two resolutions with Freeborn-Mower Cooperative Services now known as Freeborn Mower Electric Cooperative. One resolution was authorizing execution of a Tax Abatement Agreement with FMEC, and the second resolution approving a property Tax Abatement for FMEC. Following additional discussion and consideration, the City and FMEC have decided not to pursue the Tax Abatement involving the Tax Abatement Property and have instead determined to complete the land purchase in accordance with the alternate terms and conditions of the Commercial-Industrial Purchase Agreement dated December 31, 2018 between the City and Freeborn-Mower Cooperative Services, the predecessor of FMEC. The attached resolution revokes and rescinds the Tax Abatement resolution 22-087 and resolution 22-088 regarding the Tax Abatement property and the authorization to execute the Tax Abatement Agreement.

Councilor Howland requested staff provide further details of this resolution. City Planner Boeck, Finance Director Brutlag, and City Attorney Martinez provided additional information.

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

(See Secretary’s Original Resolution 22-172
Included with these minutes)

G. Resolution 22-173 Authorizing the City of Albert Lea To Submit a Grant Application to The Board of Water and Soil Resources (BWSR) Clean Water Fund (CWF) for the Purchase of Street Cleaning Equipment

In April, the City authorized an application for a loan with the MPCA for purchase of two sweepers and a leaf vacuum. Since that time, the City was notified of a Board of Water and Soil Resources (BWSR) Clean Water Fund (CWF) grant. The City of Albert Lea has three pieces of equipment that the Shell Rock River Watershed District (SRRWD) has assisted in the purchase of in the past and the City is requesting assistance again. These are:
Equipment Trade-in Replacement Year Trade-in Est. Cost w/Trade-in
Tymco Regenerative Air Sweeper 2022 $50,000 $287,550

Pelican Mechanical Sweeper 2024 $50,000 $236,000

Giant Leaf Vacuum 2024 $5,000 $138,000

Total $661,550

The Shell Rock River Watershed District sees the value in this equipment and understands this equipment is one of the most cost-effective ways to reduce the amount of phosphorus entering our lakes. This grant, if received, would pay for up to 75% of the proposed equipment.

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

(See Secretary’s Original Resolution 22-173
Included with these minutes)

H. Resolution 22-174 Authorizing RFP’s for the Sale and Development of City Owned Properties

The property at 313 East 8th Street is now fully stabilized. Estimated total costs are approximately $40,000. Management is asking the starting bid price be set at $29,900. We cannot control exactly what occurs, but we can control through a development agreement the level of improvement that is invested in the property. This is the second of three properties stabilized and placed on the market for finished development.

Mayor Rasmussen spoke of his support on this attempt in saving these much-needed properties and the opportunity to offset costs to help people to purchase them in the future.

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

(See Secretary’s Original Resolution 22-174
Included with these minutes)

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

  • Ward Items – None
  • Committee Update – Attended the recent HRA meeting and the ALEDA/Port Authority meeting. Congratulated the Freeborn County Fair Board on another wonderful Six Best Days of Summer!

Second Ward, Councilor Baker reported:

  • Ward Items – None
  • Committee Update – None. But, invited the community to attend the last Wind Down Wednesday festival of the season.

Third Ward, Councilor Howland reported;

  • Ward Items – Mentioned a resident in his ward is looking to expand his business and City staff has been asked to answer this resident’s questions.
  • Committee Update – None

Fourth Ward, Councilor Olson reported:

  • Ward Items – None
  • Committee Update – Attended HRA meeting and discussion regarding a candidate for the new director position. Commented on the success of a recent softball tournament held at Snyder Field. He said it is very much appreciated by all those that participated.

Fifth Ward, Councilor Rasmussen reported:

  • Ward Items – Working on ward items.
  • Committee Update – None

Sixth Ward, Councilor Brooks reported:

  • Ward Items – Received calls on some of the properties mentioned in resolutions presented this evening. He requests staff take a look at the property at 1328 St. John Ave. to perhaps find a way to alleviate some water run-off. He also said the grass and weeds are extremely overgrown at 1542 Lee Ave. and requests staff examine that property as well.
  • Brooks congratulated Mayor Rasmussen on the Jack Murray award and said he deserves this award due to all the time and effort he puts into his job.
  • Committee Update – None

MAYOR’S REPORT:

  • Commented on the success of the local Lakes Corvette Club event at Wedgewood Cove last weekend that brought in over 160 cars, as well as the success of the Ski Show held the same weekend at Edgewater.
  • Tomorrow, Tuesday, August 9th is the Primary Election. It’s important to get out and vote, polls open at 7am. A reminder that there has been a change in Polling places. If you are located in Ward 1 and have been voting at the Edgewater Pavilion, you will now vote at the Fairlane building at the Fairgrounds. If you are located in Ward 5 and previously voted at City Hall, that polling location has changed to the Albert Lea National Guard Armory. Residents that are currently registered to vote, have received a post card from Freeborn County giving them their polling place, hours and voting information. If you have any questions, don’t hesitate to contact the Freeborn County Auditor/Treasurers office or the City Clerk here at City Hall.
  • Also, on Tuesday, from 4:30pm – 6:30pm, it’s Safety Day 2022 at Morin Park. This is a FREE Community Building event to get to know your local support organizations. This is a joint event between Police, Fire & Rescue, Park & Recreation and other departments. Police vehicles, Fire Trucks and possibly Mercy-One will bring one of their Helicopters. There will also be a Bounce House, Games, Food and Much More.
  • Wednesday, August 10th – Wind Down Wednesday from 11am – 8pm in Historic Downtown Albert Lea. This is the last Wind Down Wednesday of the Season. Come on out and shop our local shops, vendors, and food trucks. Enjoy music and entertainment. Albert Lea Farmers Market will also be in the North Broadway parking lot from 3:30pm to 5:30pm.
  • Thursday, August 11th – Thursdays on Fountain Summer Concert Series at the Fountain Lake Gazebo, from 5:30pm – 7:00pm, the Mark Cameron Band will be performing. He’s known for his Blues sound, his “On a Roll” Album was released in 2019 and went on to remain on the Minnesota Blues charts for over a year.
  • There is a jam-packed weekend in Albert Lea this weekend, something for everyone to enjoy. Relay for Life is going on Friday into Saturday, August 12th and 13th, and will be back at the Freeborn County Fairgrounds. Also, on Friday, the Movie in the Park feature is Space Jam, A New Legacy and this will be at Edgewater Park Bandshell from 8:30pm to 10:30pm. Bring your blanket or lawn chairs and enjoy! For the bike riders out there, Friday night, August 12th, from 9pm -10pm, it’s the Glow Ride Event. Meet in the North Broadway parking lot and be ready to ride at 9pm for this Free Community Event – Helmets & Road lights are REQUIRED and any rider under age 12, needs to have an Adult with them. This will be a night bike ride around Fountain Lake, sponsored by Albert Lea Convention and Visitor’s Bureau. Bicyclists will shine their lights, head lamps, and/or glow sticks as they ride around Fountain Lake.
  • Saturday, August 13th, is the celebration of Edgewater Park’s 100 Year Anniversary, from 8am to 4pm at Edgewater Park
    • First up is Rock-n-Roll the Lakes. Sponsored by BikeMN Chapter, Albert lea Area Cyclists. There is a 10-mile, 30-mile or 50-mile route, biking fun around the lakes and community. Starting at 8am, all routes start and end at Edgewater Park. There is a fee for this event, you’ll find the link on the City of Albert Lea website on the Community Calendar.
    • From 10am until 2pm the Community-Ed group will provide free rentals of kayaks & paddleboards.
    • The local fishing club will be providing activities & providing fishing experiences for our riders.
    • The Historical Society will have information and fun old photos & stories about Edgewater Park.
    • Food and drink will be for sale throughout the day.
    • Three bands will play at the Edgewater Bandshell from 10am until 6pm.
    • Albert Lea’s waterski club, the Bayside Skiers, are celebrating their 50th Anniversary and will provide a show at 2:30pm.
    • Other activities include a Giant Water slide, Bounce House and Yard Games, located near the open Edgewater Pavilion from noon until 1:30 pm.
  • If that’s not enough, also on Saturday, Salsa Del Soul will have 2 sessions at the Fountain Lake Gazebo from 3 pm – 3:45 and 4 pm – 4:45. They will perform various styles of dance music from the Spanish-speaking regions of the Caribbean. There will be a dance instructor to teach attendees traditional dance styles and the Friends of the Library will be providing ice cream.
  • Next week –
  • Tuesday, August 16th – from 6pm – 7:30pm at Edgewater Bay Pavilion the Albert Lea Public Library is hosting its first ever Local Author Festival. Authors at the event are Julie Bronson, Ben Green, Susan Joyce, Angela Sailor and Chaunce Stanton. There will be a panel discussion with the authors followed by book signings, books available for purchase as well.
  • Weds., August 17th – from 3:30pm -5:30pm – Farmers Market will be in the North Broadway parking lot.
  • Thursday, August 18th – Thursdays on Fountain Summer Concert Series at Fountain Lake Gazebo, 5:30 pm – 7pm, with music from Bee Balm Fields.
  • Friday, August 19th through Sunday, August 21st, will be the Summer Sizzler Pickleball Tournament at Frank Hall Park Pickleball Courts, hosted by the Albert Lea Area Pickleball Club. The participants registered so far are from Minnesota, Wisconsin, Iowa and South Dakota. Food vendors will be on sight Saturday and Sunday. This event will include:
  • Friday the 19th – Singles event starting at 5pm
  • Saturday the 20th – Women’s and Men’s Doubles, starting at 9am
  • Sunday the 21st is the Mixed Doubles, starting at 9am
  • Check out the Community Calendar for additional events that are going on in the Albert Lea Community.

CITY MANAGER REPORT – Absent

APPROVAL OF CLAIMS

A. Resolution 22-175 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 Brooks 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, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-175
Included with these minutes)

ADJOURNMENT: 8:11 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, August 22, 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