REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
November 13, 2023 – 7:00 P.M.

PRESENT: Mayor Rich Murray, Councilors Rachel Christensen, Larry Baker, Jason Howland, Robert Rasmussen, Brian Anderson. Also present were City Manager Ian Rigg, Public Works Director Steven Jahnke, City Attorney Joel Holstad of Lake National Law LLP, and City Clerk Daphney Maras.

ABSENT: Councilor Sherri Rasmussen

ADDITIONAL STAFF PRESENT: Sergeant-at-Arms-Public Safety Director JD Carlson, Community Engagement & Enrichment Director Cathy Malakowsky, and Building/Zoning Official Wayne Sorensen.

CALL TO ORDER AND ROLL CALL – Mayor Murray called the meeting to order at 7:00 PM. City Clerk Maras administered roll call.

PLEDGE OF ALLEGIANCE – Mayor Murray asked all in attendance to stand and recite the Pledge of Allegiance.

CEREMONIAL ITEMS – Clerk Maras administered the Oath of Office to Alex Wynn the most recent hired police officer for the ALPD.

PUBLIC FORUM – None

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes of the October 23, 2023 Regular Council Meeting
B. Approve Minutes of the October 23, 2023 Work Session
C. Approve Minutes of the October 12, 2023 Special Council Meeting
D. Approve Minutes of the November 1, 2023 Special Council Meeting
E. License & Permits
F. Resolution Approving Application to Conduct Off-Site Gambling – Albert Lea Amateur Hockey Association
G. Resolution Accepting Donations as Presented to the City of Albert Lea

Motion made by Councilor Baker to approve the consent agenda as presented, seconded by Councilor Anderson. On roll call vote the following councilors voted in favor of said motion: Christensen, Baker, Howland, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.

PETITIONS, REQUESTS AND COMMUNICATIONS – Shell Rock River Watershed Administrator, Andy Henschel displayed a video encompassing the 20-year success of the SRRWS District cleanup of water quality and clarity including the dredging of Fountain Lake. Henschel spoke of the potential funding the watershed will be seeking. He spoke of the partnership with the City and Watershed District including the recent street sweeper that was purchased. He provided updates to projects completed and those still in progress such as Phase 3 of the Fountain Lake Dredging project noting this is the last piece of that project removing an estimated 6,000 cubic yards of material. Council asked questions to which Henschel responded. City Manager Rigg asked what assistance if any the City could provide to push the permit process through in a timely manner for Phase 3 Dredging. Henschel suggested he will come back at a later date with an additional update and assistance request.

UNFINISHED BUSINESS – None

NEW BUSINESS

A. Public Hearing Regarding Adopting Final Assessments for the 5th Street & Frank Hall Drive Reconstruction Project (Job 2301)

Rigg said a public hearing is being held to receive input on adopting the final assessments for the 5th Street & Frank Hall Drive Reconstruction Project (Job 2301).

This project involved complete reconstruction including replacement of the pavement, curb & gutter, sidewalk, watermain, sanitary sewer, and storm sewer on the following streets:
5th Street – St Joseph Avenue to Frank Hall Drive
Frank Hall Drive – 3rd Street to 5th Street

The estimated final costs are lower than the original estimate. Because of this, the proposed final assessments are lower than the preliminary assessments. Following the Assessment Policy, the assessments will be over ten years at 5.23% interest.

A1. Resolution 23-194 Adopting Final Assessments for the 5th Street & Frank Hall Drive Reconstruction Project (Job 2301)

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

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

(See Secretary’s Original Resolution 23-194
Included with these minutes)

B. Public Hearing Regarding Adopting Final Assessments for the 2023 State Aid Street Overlay Project (Job 2302)

A public hearing is being held to receive input on adopting the final assessments for the 2023 State Aid Street Overlay Project (Job 2302).

This project involved complete reconstruction including bituminous mill & overlay, and miscellaneous curb & gutter and sidewalk repairs on the following streets:
Clark Street – St Mary Avenue to E. Main Street (TH 65)
Washington Avenue – W. Main Street (TH 13) to Fountain Street
Newton Avenue – E. Main Street (TH 65) to Clark Street
Bridge Avenue – Clark Street to Fountain Street

The estimated final costs for the mill and overlay work are higher than the original estimate. Because of this, the proposed final assessments are the same as the preliminary assessments with the exception of one property (129 E. Clark Street) which had sewer service work completed by a plumber and had the costs added to the assessment at the request of the property owner. Following the Assessment Policy, the assessments will be over ten years at 5.23% interest.

B1. Resolution 23-195 Adopting Final Assessments for the 2023 State Aid Street Overlay Project (Job 2302)

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

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

(See Secretary’s Original Resolution 23-195
Included with these minutes)

C. Public Hearing Regarding Adopting Special Assessments for Delinquent Water/Sewer Accounts and Delinquent Accounts Receivable

A public hearing is being held to receive input on adopting the final assessments for delinquent water/sewer accounts and delinquent accounts receivable per the Code of Ordinances. These assessments are payable with terms of one year at 5.23% interest.

C1. Resolution 23-196 Adopting Special Assessments for Delinquent Water/Sewer Accounts and Delinquent Accounts Receivable

Mayor Murray opened the public hearing. He called the first time. Joanne Becker owner of the property at 1431 Margaretha Ave. spoke of an assessment for the replacement of a broken water meter. She disagrees with the special assessment and described the sequence of events that led to the initial billing. Mayor Murray called a second time. Irene Jones is the current owner of 704 Valley Ave. She delivered the timeline of ownership before and after the assessment that is now in her name. She disagrees with the assessment being charged to her since she did not own the property at the time. City Attorney Holstad explained the definition of “Contract for Deed”. He explained it is the responsibility of a new buyer to have a title search performed at the time of purchase as all assessments remain with the property.

Mayor Murray called a third time. No one spoke.

Motion made by Councilor Anderson to approve this resolution with the exception of the special assessment at 1431 Margaretha Avenue to allow the City Manager to review and determine the outcome to remove or include this item in the final assessment roll. Seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-196
Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Christensen reported:
• Ward Items – A meeting for the residents of Greenwood Ave. was held regarding options and issues related to a possible reconstruction project in that area.
• Committee Update – Attended the City budget meeting. Commended the Civic Music Association on a recent concert. Announced Cantori will be having a concert this coming Sunday.

Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended an ALEDA meeting earlier in the month. Attended the City budget meeting last Wednesday.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Attended a City budget meeting last Wednesday and discussed the CIP along with other items.

Fourth Ward, Councilor S. Rasmussen reported: Absent
• Ward Items –
• Committee Update –

Fifth Ward, Councilor R. Rasmussen reported:
• Ward Items – None
• Committee Update – None

Sixth Ward, Councilor Anderson reported:
• Ward Items – Working on one ward item with the City Manager
• Committee Update – None

MAYOR REPORT:
Attended the following:
• City budget meeting
• Chamber of Commerce annual meeting
• Attended and presented at the House Bonding Committee regarding the WWTP
• Visited the Chapman House where Home Depot was there to provide supplies and handy work.
• ALEDA Greater Jobs meeting. He reports there are several projects in discussion
• Celebration for High Schooler Mike Olson who signed a National Letter of Intent for wrestling.
• Youth for Christ banquet
• Veterans events. He thanked all the veterans for their service

Mentioned the upcoming events.

CITY MANAGER REPORT
• Union negotiations are in progress
• Staff has been working hard at reviewing the budget
• Reported continued interest in housing development
• Anticipates final construction by the water tower provided the weather holds out
• Anticipates an upcoming meeting with the Senate committee regarding infrastructure

APPROVAL OF CLAIMS
A. Resolution 23-197 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 Anderson 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 23-197
Included with these minutes)

Councilor Howland motioned for adjournment, Councilor Anderson 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, November 27, 2023. On roll call vote, all councilors voted in favor of said motion.

Mayor Murray declared the motion passed and the meeting adjourned.

ADJOURNMENT: 8:21 P.M.

Dated this 13th day November, 2023

_____/s/________________________
Daphney Maras
Council Secretary