November 8, 2021

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
November 8, 2021 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, Reid Olson, Robert Rasmussen, and Al Brooks. Also present were City Manager Ian Rigg, Public Works Director Steven Jahnke, Public Safety Director JD Carlson and City Clerk Daphney Maras.

ATTENDING VIA ZOOM: Finance Director Kristi Brutlag, Human Resource Director Mike Zelenak

ABSENT: City Attorney Kelly Martinez

CEREMONIAL ITEMS – None

PUBLIC FORUM
Christopher Penrod – Spoke of Albert Lea’s tap water quality.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The October 25, 2021 Regular Council Meeting
B. Approve Minutes Of The October 25, 2021 Work Session
C. License & Permits
D. Resolution Accepting Donations As Presented To The City of Albert Lea
E. Resolution Approving Application To Conduct Off-Site Gambling – Albert Lea Amateur Hockey Association at Albert Lea City Arena
F. Resolution Authorizing Joint Powers Agreement Between The South Central Drug Investigation Unit (SCDIU) And The City of Albert Lea
G. Resolution Approving Grant Agreement No. 1047426 With The Minnesota Department of Transportation – Office of Aeronautics – Fiscal Years 2022-2023
H. Resolution Approving Purchase Of A 2009 Caterpillar PS150C Rubber Tire Compactor
I. Approval Of Intended Use Plan For Shell Rock River Watershed Dredging Project – 2nd Extension

Motion made by Councilor Baker to approve the Consent and Approval 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 21-184 through 21-188
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Ordinance 21-067 Amending Chapter 26 Housing Articles I, II, III and IV (2nd Reading)

The updates to Chapter 26 of the Housing Code, Albert Lea City Ordinance consists of grammatical changes to include the proper pronouns, cleaning up redundant language, adding Air B&B’s, Vacation Rentals and such to the code for compliance. Removing the Crime Free Rental Housing portion of the ordinance is because the courts do not support; also includes all applicable codes to assist with inspection and compliance for clean safe housing. Lastly, it corrects the responsibility between the owner and the occupant when dealing with bugs or nuisance insects.
Motion made by Councilor Baker, seconded by Councilor Brooks. 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 Ordinance 21-067
Included with these minutes)

A2. Resolution 21-189 Permitting Publication of Ordinance Summary – Housing Articles I, II, II, and IV

An Ordinance Summary may be published if it reasonably informs the public of the effect and intent of the Ordinance. A Summary fulfills all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance. The effective date of enactment of the ordinance is November 8, 2021 and must pass by a four-fifths vote by Council.

Motion made by Councilor Brooks, seconded by Councilor Murray. 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 21-189
Included with these minutes)

NEW BUSINESS

A. Resolution 21-190 Repealing Adopted Resolution 21-135 Of Albert Lea Township And The City Of Albert Lea Designating An Unincorporated Area As In Need Of Orderly Annexation And Conferring Jurisdiction Over Said Area To The Municipal Boundary
Adjustments Office of the Office of Administrative Hearings Pursuant To Minn. Stat. § 414.0325

On August 23, 2021, City Council approved Resolution 21-135 between the City of Albert Lea and Township of Albert Lea, which designated orderly annexation of certain properties within the

Township. There was confusion as to the sufficiency of the published notice of intent to adopt Resolution 21-135. Because a notice must be published at least ten (10) days before a resolution for orderly annexation can be adopted, Resolution 21-135 must be repealed.

Motion made by Councilor Brooks, 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 21-190
Included with these minutes)

B. Resolution 21-191 Of Albert Lea Township And The City Of Albert Lea Designating An Unincorporated Area As In Need Of Orderly Annexation And Conferring Jurisdiction Over Said Area To The Municipal Boundary Adjustments Office Of The Office Of Administrative Hearings Pursuant To Minn. Stat. § 414.0325

The attached resolution would allow staff to submit to the Minnesota Boundary Office our orderly annexation leaving State approval and formality of a resolution summarizing the completion of the annexation left. If this resolution passes and the assessment matter is not voluntarily resolved, staff will go through a formal assessment process at the prescribed rate in this resolution of 3.01% interest and 10-year payment schedule.

Mayor Rasmussen invited Rocky Trail who requested to address the council regarding the parcel he owns included in this annexation. Mr. Trail spoke of his opposition to annexing his parcel as well as the special assessments. He implored council to reconsider annexing his property and waive assessment fees associated with it.

Brooks said neither he nor the rest of the council take this matter lightly or without serious consideration. Furthermore, Brooks advocates City officials and staff care very much about the local businesses and their success. To Brooks’ question, Rigg detailed the fees and special assessments associated with Trails’ parcel as well as the history from which they arrived. Additionally, Dusty Trail spoke of his conflict with the annexation and assessments he, too, implored Council to stop this annexation tonight. Council exchanged dialogue surrounding the assessment search prior to the sale of Trails purchasing this parcel. Baker stated the City of Albert Lea strives to be business friendly and he provided examples of successful businesses thriving due to the support and assistance the City has provided. Murray urged staff to continue to negotiate in good faith to arrive at a reasonable outcome on behalf of Trails and the City. Rasmussen echoed Murray’s comment.

Motion made by Councilor Howland, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Brooks, and Mayor Rasmussen. Councilor Rasmussen voted Nay. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 21-191
Included with these minutes)

C. Ordinance 21-065 Amending Zoning & Land Use Map – Property Annexed from Albert Lea Township (2nd Reading)

The first reading of this ordinance was held at the September 27, 2021 council meeting. The Albert Lea City Council and Albert Lea Township Board entered into agreement for orderly annexation of four separate parcels in Albert Lea Township. The final reading of this ordinance amends the official zoning and land use map for the City of Albert Lea. Staff recommends approval if Item 8B passes, otherwise it should be tabled to a later date

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

(See Secretary’s Original Resolution 21-065
Included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended the ALEDA meeting last week and budget meeting.

Second Ward, Councilor Baker reported:
• Ward Items – Residents are asking why Edgewater gates are closed during the unseasonably nice weather and requests it stay open during the times when the weather continues to be warm. Another resident asked what the thickness of the metal is for the old water tower. Jahnke replied that he isn’t sure, but estimates ¾” at the bottom, but thicker at the top. Baker requests that future City purchasing of trees be bought locally when possible.
• Committee – None

Third Ward, Councilor Howland reported:
• Ward Item – Stated he was contacted by several people who spoke in favor of the water/sewer insurance program. He inquired the status of that program. Rigg said items within the program are still be worked through to clarify details.
• Committee – Attended budget meetings and commented staff is working very hard at trimming their budgets, but wages and health insurance are the biggest financial challenge.

Fourth Ward, Councilor Olson reported:
• Ward Items – Asked Jahnke for clarification on mill & overlay assessment cost notices. Jahnke detailed the process.
• Committee Update – None. Shout out to the Albert Lea Boys Cross Country team for making it to the State tournament.

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on one ward item.

• Committee Update – None. Encouraged the community to thank a Veteran this Veteran’s day.

Sixth Ward, Councilor Brooks reported:
• Ward Items – Questioned some properties in Ward 6 and asked staff to let him know the status. Rigg and Jahnke provided updates on those properties. Brooks stated he also received complaints on speeding on E. 8th Street. Thanked Councilor Rasmussen for his service as he is a veteran.
• Committee Update – Attended the CVB meeting.

MAYOR’S REPORT
• Read a proclamation declaring Saturday, November 27, 2021 SMALL BUSINESS SATURDAY.

Mayor Rasmussen asked for a motion approving the proclamation. Motion made by Councilor Baker, seconded by Councilor Murray. On roll call vote, all councilors voted in favor of said motion. Mayor Rasmussen declared the motion passed.

CITY MANAGER REPORT
• Staff is reviewing economic development policies
• Continue working on budget process. Union negotiations are still on-going.
• Attended ALEDA board meeting
• Met with prospective investors
• Made an offer of employment for the Director of Community Engagement position. The individual will start late December/early January.

APPROVAL OF CLAIMS
A. Resolution 21-192 Approving Contract with Councilmember Al D. Brooks dba Brooks Safety

The attached resolution directs the Mayor and City Treasurer to make payment in the amount of $102.00 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 Howland. 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 21-192
Included with these minutes)

B. Resolution 21-193 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.

Motion made by Councilor Baker, 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 21-193
Included with these minutes)

ADJOURNMENT – 8:04 P.M.

Motion made by Councilor Murray, seconded by Councilor Rasmussen. 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 22, 2021. 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