June 27, 2022

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, June 27, 2022, 7:00 p.m.

PRESENT: Mayor Vern Rasmussen, Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, Robert Rasmussen, Al Brooks. Also present were City Manager Ian Rigg Public Works Director Steven Jahnke, City Attorney Kelly Martinez, Public Safety Director JD Carlson, City Planner Megan Boeck and Deputy City Clerk Karla Tukua

ABSENT: City Clerk Daphney Maras

CEREMONIAL ITEMS
A. WWTP Wastewater Surveillance Award

Public Works Director Steven Jahnke described the award information from the State of Minnesota regarding sampling of the City of Albert Lea waste water.

PUBLIC FORUM
Pam Butler spoke regarding a dock space that was not assigned to the property of 1405 Oakwood Drive.

Ken Ziegler spoke regarding a dock space that was not assigned to the property of 1405 Oakwood Drive.
.
Bruce ManWarren spoke about a business by Perkins that had crushed rock and this crushed rock had a cement base under it.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The June 13, 2022 Regular Council Meeting
B. Approve Minutes Of The June 13, 2022 Work Session
C. License & Permits
D. Resolution Accepting Donations to the City of Albert Lea
E. Resolution Appointing Election Judges for August 9th Primary Election

Mayor Rasmussen read through each item on the consent and approval agenda.

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 22-137 and 22-138
included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS
A. Lucas Schuster On Behalf of the Pelican Breeze request for $40,000 to Replace Current Dock.

Schuster presented the History of the Pelican Breeze and what it brings to the community. He is requesting assistance from the City for the replacement of the dock for approximately $40,000. He stated they will attempt to raise up to 50% of the cost. Murray asked how many cruises they have a year. Schuster said they have a Season of four months and their average this year has been three to four cruises a week. Murray then asked how many people show up for the public cruises. Schuster answered 15 to 20 on average. Howland asked what the dock looks like. Schuster explained the shape of the dock. Howland commented that $40,000 for a dock seems like a lot. Schuster relayed that it is a floating model. It can be left in the lake to eliminate the need for the crane to take it in and out hence eliminating that operating expense.

UNFINISHED BUSINESS
A. Ordinance 22-075 Amending Chapter 8, Article II, Sec. 8.038 – Sanitation (2nd Reading)

The first reading of this ordinance was held at the meeting of June 13, 2022. This ordinance is an approval to amend Chapter 8, Article II, Sec. 8.038 – Sanitation in regards to Pet Waste. A requirement of the City of Albert Lea Municipal Separate Storm Sewer System (MS4) permit, the pets waste ordinance has to be revisited and specific requirements included. One of these requirements was that pet waste be picked up immediately when on public property. Another change is language on how to properly dispose of waste. The language has been updated to reflect this.
Motion made by Councilor Howland to approve the final reading of ordinance 22-075, 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 22-075 Included with these minutes)

B. Ordinance 22-076 Amending Chapter 44, Article III, Sec. 44.095 – Limitations on Wastewater Discharges (2nd Reading)

The first reading of this ordinance was held at the meeting of June 13, 2022. This ordinance is an approval to amend Chapter 44, Article III, Sec. 44.095 – Limitations on Wastewater Discharges.
The federal limits were updated and the Cadmium limit was lowered. The federal limits have lowered the maximum discharge for any 1 day not to exceed 0.11 mg/l which is lower than the local limit of 0.15 mg/l. With this proposed update the city code will once again comply with the federal standards.

Motion made by Councilor Baker to approve the final reading of Ordinance 22-076, 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 22-076
Included with these minutes)

NEW BUSINESS
A. 2021 Annual Comprehensive Financial Report – Bergen KDV

The 2021 Financial Statements have been audited by Bergen KDV and are available for City Council review as well as for public review. Matt Maher from Bergen KDV provided an overview of the 2021 reports. He thanked Finance Director Brutlag and her team for the accurate and transparent financial reporting for the City. Howland pointed out the community members are very dedicated in the aesthetics of the community and that is why you see a difference in Parks and Recreation than other Cities similar to our size. There are so many parks in this community and it’s something to be very proud of. Mayor Rasmussen thanked Maher for his synopsis and appreciated how easy it was to read.

Mayor Rasmussen asked for a motion to accept the 2021 Annual Comprehensive Financial Report. Motion made by Councilor Baker, 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.

B. Resolution 22-139 Awarding Sale of General Obligation bonds, Series 2022A

Rebecca Kurtz of Ehlers explained the $4,990,000 General Obligation bonds, Series 2022A. She complimented the City Council and Staff for Standard and Poor’s triple A rating and the strong management, policies and budget flexibility. She provided a copy of the report for review. Northland Securities of Minneapolis was the low bid of 3.00%. Kurtz explained that if we choose to accept the bid, the funds will be available to the City on July 14, 2022. Howland asked how the re-offering worked. Kurtz explained this process and benefit.

Motion made by Councilor Howland to approve the bid from Northland Securities, 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 22-139
Included with these minutes)

C. Public Hearing Regarding Adopting a Modification to the Development Program for development District No. 5; and establishing Tax Increment Financing District No. 5-30: 201/211 Broadway Therein and adopting a Tax Increment Financing Plan

Rebecca Kurtz presented the Tax Increment Financing plan. The completed the requirements to establish a TIF district. It will have a maximum term of 26 years of increment. She pointed out that the plan shows two buildings or two addresses, but three parcels numbers. One of the buildings was split into two parcels explaining why there are three parcels in the plan. Kurtz described the process and was available to answer questions from the Council and for the Public Hearing. City Manager Rigg explained this in approval is being requested in advance because when it comes to being an eligible TIF expense, the purchase price will be the main TIF eligible expense. This process needs to be done before there is a developer interest in purchasing the property. Murray asked what amenaties could be considered in this TIF District on such a purchase. Kurtz explained possibly 9,000 feet of commercial space and about 80 units of apartment buildings between the two properties. Howland said he understands why this approval is requested in advance, but wanted to know how out of the ordinary this is. Kurtz responded it is not unusual for a City to get a building ready before there is an interested developer.

Mayor Rasmussen opened the public hearing asking for the first time if anyone wanted to speak. He called a second time. Nicholas Nesse asked if in laymans terms would it be like fixing up a house before selling it. Mayor Rasmussen responded the City is not fixing the building but rather creating the opportunity to get a developer to invest and repair it. Mayor Rasmussen called for the third time for anyone wanting to speak. Mayor Rasmussen closed the Public Hearing.

C.1 Resolution 22-140 Adopting a Modification to the Development Program for Development District No. 5; and Establishing Tax Increment Financing District No. 5-30: 201/211 Broadway Therein and Adopting a Tax Increment Financing Plan
Brooks asked if there is a time limit for the TIF to be certified, to which Kurtz explained the certification process.
Motion made by Councilor Baker to approve, seconded by Councilor Rasmussen. On the 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 22-140
Included with these minutes)

C.2 Resolution 22-141 Modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 5-15 to Eliminate Parcels from the District
Motion made by Councilor Baker to approve, seconded by Councilor Brooks. On the roll call vote the following councilor’s 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 22-141
Included with these minutes)

D. Resolution 22-142 to Deny Variance from Locational and Site Development Standards to Allow an Above Ground fuel Tank at 1407 St. John Ave.

Boeck explained the business did not meet the three-factor practical difficulty required to approve a variance. Brooks commented that Boeck did a good job explaining the why behind the denial, but he knows some of the history and goes by this area every day. He doesn’t notice the above ground tank, so even though he understands the reason, he will be voting no on this.
Motion made by Councilor Howland to approve, seconded by Councilor Murray. On the roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland and Mayor Rasmussen. On the roll call vote, the following councilors voted against said motion: Olson, Rasmussen, and Brooks. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-142
Included with these minutes)

MAYOR AND COUNCIL REPORTS
First Ward, Councilor Murray reported:

  • Ward Items – Working on constituent items with City Staff and City Manager.
  • Committee Update – Attended the HRA meeting which Councilor Olson covered very well.
  • Attended the Vortex Ribbon cutting along with the Mayor Rasmussen and City Manager Rigg. He and ALEDA Director Phillip Johnson visited the new Asian Grocery store last week. Also attended the Corey Goodnature Golf outing with Councilor Olson.
  • Encouraged the community to get out and enjoy the Fourth of July festivities.

Second Ward, Councilor Baker reported:

  • Ward Items – Mentioned he received a report from a resident who lives near the Union Pacific railway and has seen cars and motorcycles driving in the area quite frequently and believes this to be dangerous. He suggested staff review the area and consider installing barricades for safety.
  • Committee Update – Attended the HRA meeting as well along with Councilor Olson and Councilor Murray, which they covered well. Attended a Board of Appeals meeting which they had to cancel due to not having a Quorum. He made an appeal for anyone in the community interested in serving on the Board to get involved and contact the Mayor.

Third Ward, Councilor Howland reported;

  • Ward Items – None
  • Committee Update – Although there was a scheduled Park and Recreation Board Meeting last week, they did not have a quorum so no votes were made, he mentioned it was more of an informational gathering as they received an update on Emerald Ash Borer and what the City is doing to prevent the killing of our trees by this insect. And they talked of the City Pool being very busy as well.

Fourth Ward, Councilor Olson reported:

  • Ward Items – None
  • Attended the Corey Goodnature Golf Tournament at Green Lea Golf Course last weekend Olson provided information on Corey’s background. He stated it is an honor to support him Mr. Goodnature.
  • Committee Update – Attended an HRA meeting last Monday and reported they went through the Financial reviews and all was good. One hiccup was a dereliction of duties, due to having a small staff.

Fifth Ward, Councilor Rasmussen reported:

  • Ward Items – Currently working on one ward item.
  • Committee Update – Attended an Airport Board Meeting and reported they talked about the possibility of future hangar options and possibly a taxi way in the master plan options.

Sixth Ward, Councilor Brooks reported:

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

MAYOR’S REPORT

  • City residents will soon receive a second postcard notifying them of the new protection program for the water and sewer lines. Residents are automatically enrolled in this program unless the service is declined. For more information or to decline the service, call the Finance Department at 377-4300.
  • July Jamboree starts Thursday, 6/30 through Monday, 7/4. He encourages residents to consider walking or biking to all the different events noting Bridge Avenue from Marshall Street to Clark Street will be even more congested because of the East main Street construction. Bridge Avenue usually has 11,000 vehicles per day in this area. Many of the 15,000 vehicles that travel East Main Street are now using Bridge Avenue. That means traffic has more than doubled on Bridge. Taking a different route, walking or biking would help ease congestion next weekend and eliminates parking hassles if walking or biking.
  • Thursday Events, 6/30:
    • Food Vendors in the North Broadway Parking Lot, from 11am-7:30pm.
    • Greg the Magician will perform at the Gazebo from 2pm-2:45pm and then again at the A.L. Public Library from 3pm-3:45pm.
    • Summer Concert Series from 5:30pm-7pm, will have Whalen and the Willows performing at Fountain Lake Park.
    • Memories of Elvis Tribute by Chris Ross, at the Marion Ross Theatre, from 7:30pm-9:30/10:00pm. He will be performing a variety of hit songs, ranging from the late 50’s to the 70’s.
  • Friday Events, 7/1 –
    • Food Vendors from 11am – 8pm, North Broadway Parking Lot
  • Saturday Events, 7/2 –
    • Flea Market at the Fairgrounds from 9am-4pm
    • Food Vendors from 11am-8pm, North Broadway Parking Lot
    • Boat Parade starting at 3pm on Fountain Lake
    • Street Dance Downtown from 7pm-9pm, Live music on Broadway from “Papa Greezy”.
  • Sunday Events, 7/3 –
    • Flea Market at the Fairgrounds from 9am – 4pm
    • Food Vendors from 11a-8:00pm, North Broadway Parking Lot.
    • Parade participants will report to the Fairgrounds at 4:30pmto start lining up and the Parade will start at 6pm. Starting at the Fairgrounds and ending at Central Park.
    • Music in the Park will follow the parade, starting at 7:00pm with live music from the Band “Bad Habbits”.
    • Monday Events, 7/4 – Independence day!!!
    • Flea Market at the Fairgrounds from 9am – 4pm
    • Food Vendors from 11am-11pm in the N. Broadway Parking lot.
    • Bayside Ski Show at 1:00pm @ Edgewater Park
    • Car Show on Broadway Downtown from 2pm – 6pm
    • Community Band will play before the Fireworks @ Fountain Lake Gazebo
    • Fireworks start at 10pm
  • He announced there are plenty of Summer Events and encourages checking out the Community Calendar on the City of Albert Lea website where there are links to all the activities from Community Education Events, Park & Rec events, Chamber & CVB events as well as City events.
  • The Airport Board received a Thank You letter from the US 7 Region Glider racers, it was a Thank you to the Airport Board, so asked Councilor Olson to pass that along to the board. They also mentioned how great the community was.
  • Mayor attended the Vortex Cold Storage grand opening and shared his comments on that. He welcomed Vortex to our community.
  • Mayor made an appeal for Board of Appeal board members and asked anyone interested to get in touch with him.

CITY MANAGER REPORT

  • City Manager Rigg said that we continue to get a lot interest from people coming to the community to build a business or warehouse and they are showing an interest in Albert Lea. Even this week he answered a question from an individual from Phoenix called about a Company that wanted to with an interest in Albert Lea.
  • Rigg thanked the staff for stepping up in his absence. For staff taking care of things and keeping him informed along the way. Appreciates our hard work and all of us make things here possible.

APPROVAL OF CLAIMS
A. Resolution 22-143 Approving Contract With Councilmember Al D. Brooks Dba Brooks Safety Equipment

The attached resolution directs the Mayor and City Treasurer to make payment in the amount of $251.74 on behalf of the City for a claim from Brooks Safety Equipment, and issue payment for filing the affidavit of official interest by the interested official, Councilor Brooks.

Motion made by Councilor Baker, 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. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-143
Included with these minutes)

B. Resolution 22-144 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. Tukua displayed a list of claims over $25,000 for the public’s viewing, transparency and education. Mayor Rasmussen went through the list for the Council.

Motion made by Councilor Brooks to approve payment of claims as presented. 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 22-144
Included with these minutes)

ADJOURNMENT: 8:23 P.M.

Motion made by Councilor Murray, seconded by Councilor Brooks. 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 11, 2022. On roll call vote, all councilors voted in favor of said motion.

Mayor Rasmussen declared the motion passed and the meeting adjourned.

____s/s________________________
Mayor Vern Rasmussen, Jr.

____/s/________________________
Karla Tukua
Secretary Pro Tem