REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, July 11, 2022, 7:00 p.m.
PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Robert Rasmussen, Reid Olson, and Al Brooks. Also present were City Manager Ian Rigg, Public Works Director Steven Jahnke, City Attorney Kelly Martinez, Building/Zoning Official Wayne Sorensen, Sergeant-at-Arms, Detective Julie Kohl, and City Clerk Daphney Maras.
CEREMONIAL ITEMS
PUBLIC FORUM
Randall Kerr spoke of nuisance noise in his neighborhood
PETITIONS, REQUESTS AND COMMUNICATIONS
I. COUNCIL MEETING AGENDA OF JULY 11, 2022
Mayor Rasmussen read through each item on the consent and approval agenda
CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The June 27, 2022 Regular Council Meeting
B. Approve Minutes Of The June 27, 2022 Work Session
C. License & Permits
D. Resolution Authorizing Agreement With City Of Geneva 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 Rasmussen. 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 22-146 through 22-146
Included with these minutes)
UNFINISHED BUSINESS – None
NEW BUSINESS
A. Ordinance 22-077 Amending Chapter 50 Article X Construction And Permanent Stormwater Management (1st Reading)
The National Pollution Discharge Elimination System (NPDES) permit program is part of the Clean Water Act, which controls water pollution by regulating point sources that discharge pollutants into waters of the United States. The city has been part of the program since the early 2000’s. We recently entered into a new 5-year permit cycle and as part of the new permit there are additional requirements of the City which include:
– Update the current Post-Construction Stormwater Management Ordinance
– Develop a salt storage ordinance for commercial, institutional and non-NPDES permitted industrial facilities
– Update pet waste ordinance (completed in June).
This item updates Chapter 50 Article X to include the additional language needed to meet the NPDES permit. It adds Chloride and Salt Storage which had not previously been included in the City Ordinance.
Motion made by Councilor Baker to approve the first reading of this ordinance, 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 Ordinance 22-077
Included with these minutes)
B. Resolution 22-147 Entering Into A Professional Service Agreement With Bolton And Menk Inc. For Design And Bidding Food Truck Plaza At 804 E. Main Street
On September 16, 2021 the City of Albert Lea entered into a service contract with Bolton & Menk, Inc. of Mankato, MN for schematic design services for a potential food truck plaza at 804 E. Main Street. This work was completed and presented to Council. Based upon comments and further review the sight has been rearranged slightly to move the food court closer to Main Street. This resolution would enter into a professional services agreement with Bolton and Menk, Inc. to design and prepare the bid documents for the project. The planning level cost estimate for the first phase of the project is $117,600 with approximately an additional $20,000 for landscaping amenities. Staff is recommending approval of the Bolton & Menk, Inc Service Agreement for an estimated cost of $14,100.
A schematic of the proposed Food Truck Plaza was displayed to which Rigg described the amenities including electrical hookups, as well as the potential for adding green space in the future. Jahnke clarified for Howland the sidewalk paths on E. Main Street after the construction. Howland also reminded the public that this property was transferred to the City by the previous owner with the condition that the area must be used as a green space and not be sold for private use. In addition, this is an additional space for food truck vendors and will not eliminate existing locations.
Mayor reiterated this approval tonight is simply for the design and bidding of the plaza.
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 22-147
Included with these minutes)
C. Resolution 22-148 Authorizing Advertisement Of Requests For Proposals For The Sale And Development Of City Properties (1039 S. Broadway)
Repairs are nearing the end and the building will be finished in such a way that a business can come in and make the property their own. Staff showed the property to one interested buyer who was aware of the property coming available. A local Realtor estimated the value between $50-$65K given the current market. With the final cost total being approximately $51,300. The City Manager is asking the price be set at $29,900 minimum and no bid will be higher in purchase price than $49,900. The cash loss will be equal to or less demo costs and economic incentives with some kind of guarantee of continued improvements.
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 22-148
Included with these minutes)
D. Resolution 22-149 Authorizing The Emergency Abatement Of Hazardous Structures Located At 324 And 332 Broadway Avenue South
The City acquired 324 Broadway Avenue South via State Deed on October 6, 2021 and 332 Broadway Avenue South via State Deed on October 16, 2015. Both buildings were determined to be beyond rehabilitation because of inadequate maintenance, dilapidation, and physical damage. Due to the lack of roof maintenance and water intrusion in both structures, the rear stairways partially collapsed. Summer of 2021, main floor structure in 332 Broadway building collapsed into the basement and the exterior façade of the building was determined to be at high risk of collapsing. January 2022, the City removed the top eight feet of the façade and temporarily stabilized the wall at the roof juncture. 324 Broadway has severe bird intrusion which resulted in extensive negative effect of the interior of the structure.
On June 30, 2022 a portion of the back wall of 332 Broadway collapsed into the alley to the west; caused property damage; and created significant risk to the safety of the adjoining buildings. Gas service to six (6) structures were temporarily disconnected; four (4) remain disconnected. Electrical services were disconnected from three (3) buildings and only re-established in one building. On July 4, 2022, a further portion of the back wall collapsed.
The building official has determined the hazardous structures are in danger of imminent collapse and pose a public safety risk and significant risk of property damage. City Code Section 28.010 allows the City to immediately abate properties which constitute an immediate danger or hazard to the health and safety of the public when there is insufficient time to follow procedures of abatement.
Building/Zoning Official Wayne Sorensen displayed a PowerPoint slide and described the most recent damages as the building continues to slowly collapse. He explained the process of the emergent hazardous demolition.
Rigg detailed the timeline of the demolition process.
Mayor Rasmussen implored residents to continue to maintain their properties to avoid adding to the tax forfeiture listing and need to abate at the cost of the taxpayers.
Motion made by Councilor Baker to approve, seconded by Councilor Rasmussen. 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 22-149
Included with these minutes)
E. Resolution 22-150 Approving A Revised Developers Agreement for Westwood Hills Second Subdivision
The City received a request from Glenn Sherburne to combine lots 3 and 4, Block 1 of Westwood Hills Second Subdivision to develop an additional primary structure. For this request to be considered, a modified developer’s agreement would be required to be executed in conjunction with this resolution. The owner has agreed to pay $2,836.30 per lot in fees for Lots 3 and 4, Block 1 of Westwood Hills Second for a total of $5,672.60 per the original development agreement. With this new developers’ agreement and with a simple lot combination, the owner can develop a second primary residence while provisions of the original developer’s agreement remain in place in the interest of the City.
Motion made by Councilor Howland to approve, seconded by Councilor Rasmussen. 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 22-150
Included with these minutes)
MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended the ALEDA meeting recently. Commended everyone involved in organizing the 4th of July festivities.
Second Ward, Councilor Baker reported:
• Ward Items – Reminded residents of the second Wind Down Wednesdays coming up next week. Commented regarding the issues with the damaged alley behind the Eagles Club. Suggested City staff mark the extremely damaged areas to help alleviate people falling. Also commented on the weeds growing in the Sunset street area after the construction last year.
• Committee Update – None
Third Ward, Councilor Howland reported;
• Ward Items – Echoed Olson’s concerns about the deer in the Brookside garden plot area. He provided some suggestions regarding options in fencing. Mentioned there are residents not in support of proposed zoning changes in the Belmont area.
• Committee Update – Attended a meeting at the Watershed District office discussing the potential of installing off-shore habitat for fish on Fountain Lake.
Fourth Ward, Councilor Olson reported:
• Ward Items – Received reports from people who rent garden plots in the Brookside that deer are getting into the gardens
• Committee Update – None
Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on a couple of ward items.
• Committee Update – None
Sixth Ward, Councilor Brooks reported:
• Ward Items – Received calls from constituents asking if the City could offer reduced rates for people to dump household items damaged from the recent flood.
• Committee Update – None
MAYOR’S REPORT:
Announced the upcoming summer events schedule:
• The Farmer’s Market continues, Wednesday’s from 3:30p to 5:30p and Saturday’s from 9am to Noon in the N. Broadway Parking Lot.
Thursday, July 14 –
• Thursday’s on Fountain Summer Concert Series from 5:30-7pm. Lost in Austin will be playing at the Fountain Lake Gazebo.
Friday, July 15 –
• Garth Brooks Impersonator show “The Thunder Rolls”, will be at the Marion Ross Performing Arts Center, starting at 7:30pm. Jeff Gordon emulates Garth Brooks’ look, style and vocal ability. This show has all the lights and sounds of a Garth Brooks concert.
Weds., July 20 –
• Wind Down Wednesday. There will be kids’ activities, Craft and Food vendors, Live Music and Entertainment. Event is from 11a-8p, Downtown Albert Lea.
Thursday, July 21 –
• First Day of Crazy Days and it’s BARGAIN DAY. Get to the stores early, for the best deals! Food on Fountain from 11 to 7:30pm, Thursdays on Fountain Concert Series starting at 5:30 with a live performance from the band Patchouli.
Friday, July 22 –
• Second day of Crazy Days with the Patio Palooza – 11 to 7pm food trucks on Broadway near William St. Find patio seating at various retailers and shop ‘til you drop!
• Movie in the Park is showing the animated film LUCA @ the Edgewater Park Bandshell starting at 8:30. Bring your lawn chairs and enjoy the show.
Saturday, July 23 –
• Last day of Crazy days and it’s Market Mania – Farmers Market from 9am to noon, in the N. Broadway Parking Lot, with a live performance from “Holly Day Music”
– Announced the need for Board members on the Board of Appeals as well as other Boards
– Attended the ALEDA meeting
– Met the new School Superintendent.
CITY MANAGER REPORT
– Second time in two weeks that he received calls with interest in the Blazing Star Trail property. He said the City hopes to move forward soon with ground testing to make the property safe and available.
– Commended the Public Works staff for their diligent work during the recent floods on July 5th and mentioned that despite some rumors within the community, all of the City’s lift stations were working during the entire storm.
APPROVAL OF CLAIMS
A. Resolution 22-151 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 Rasmussen to approve payment of claims as presented. 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 22-151
Included with these minutes)
ADJOURNMENT: 7:46 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, July 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