October 11, 2021

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
October 11, 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 Public Safety Director JD Carlson and City Clerk Daphney Maras.

ATTENDING VIA ZOOM: City Manager Ian Rigg, Public Works Director Steven Jahnke, City Planner Megan Boeck, Human Resource Director Mike Zelenak, Finance Director Kristi Brutlag, Building/ Zoning Official Wayne Sorensen, City Attorney Kelly Martinez

CEREMONIAL ITEMS – Public Safety Director JD Carlson introduced the newest Police Officer Mary Gaul and City Clerk Daphney Maras administered the Oath of Office

PUBLIC FORUM – No one spoke

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The September 27, 2021 Regular Council Meeting
B. Approve Minutes Of The September 27, 2021 Work Session
C. License & Permits
D. Resolution Granting Approval Of A Conditional Use Permit For 750 E. Front Street
E. Resolution Ordering Preparation of Feasibility Reports For 2022 Improvements
F. Resolution Declaring Hometown Pride Fall Cleanup Day – October 23, 2021 – 9:00 AM to 12 Noon

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 21-160 through 21-162
Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS

UNFINISHED BUSINESS
A. Ordinance 21-063 Renaming a Portion of James Avenue (2nd reading)

Upon approval of the second reading, a portion of James Avenue will be renamed ‘Eddie Cochran Street.’ Other facilities on James Avenue will also be included in the new street name.

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 Ordinance 21-063
Included with these minutes)

B. Ordinance 21-066 Amending Zoning And Land Use Map From One to Four-Family Residence (R-2) To Diversified Central District (DCD) Located At 722 Fountain Street (2nd reading)

The final reading of this ordinance would rezone property at 722 Fountain to the Diversified Central District (DCD) to allow for an additional parking area adjacent to the Little Hair Place.

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 Ordinance 21-066
Included with these minutes)

B1. Resolution 21-163 Permitting Publication of Ordinance Summary Amending Zoning and Land Use Map for 722 Fountain Street

Ordinance Summaries may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance, and must pass by a four-fifths vote by Council.

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 21-163
Included with these minutes)

C. Ordinance 21-064 of the City of Albert Lea Amending Chapter 8, Sec 8.002 and 8.003 And Addition Of Sec 8.006 – Regulations Related To Livestock (2nd reading)

Section 8.006 of this ordinance is new in its entirety and would aid in more reasonable controls concerning livestock within the City.

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

(See Secretary’s Original Ordinance 21-064
Included with these minutes)

C1. Resolution 21-164 Permitting Publication of Ordinance Summary Amending Chapter 8 – Regulations to Livestock

Ordinance Summaries may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance, and must pass by a four-fifths vote by Council.

Motion made by Councilor Baker, 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 21-164
Included with these minutes)

NEW BUSINESS
A. Resolution 21-165 and Public Hearing Levying Special Assessments for Miscellaneous Delinquent Water/Sewer Accounts and Miscellaneous Delinquent Accounts Receivable

Rigg said a public hearing is being held to receive input on adopting the final assessments for delinquent water/sewer accounts and miscellaneous delinquent accounts receivable per the Code of Ordinances. These assessments are payable with terms of one year at 3.01% interest.

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

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

(See Secretary’s Original Resolution 21-165
Included with these minutes)

B. Resolution 21-166 and Public Hearing Adopting Final Assessments for the 2021 Neighborhood Improvement Project (Job 2101)

Rigg said the attached resolution would adopt the final assessments for City Job No. 2101, the 2021 Neighborhood Improvement Project.
Neighborhood Improvement Overlay and Curb & Gutter Replacement – This portion of the project involved the bituminous overlay of residential streets in various parts of the City. The streets are as follows:
Stevens Street – Ulstad Avenue to the east end
Wilson Street – Bridge Avenue to E. Main Street
Oakwood Terrace – S. Shore Drive to Waldorf Road
David Drive – S. Shore Drive to Kevin Drive
Kevin Drive – north end to the south end
Kenneth Drive – S. Shore Drive to Eunice Drive
Eunice Drive – S. Shore Drive to S. Shore Drive

The project involved milling the existing bituminous street surfacing for a 6-foot width along each concrete gutter line so the new bituminous layer matched the level of the concrete gutter. A 2-inch thick layer of bituminous was laid over the entire width of the street. The project also involved miscellaneous curb and gutter replacement to address drainage problems and to correct severely deteriorated curb.

Michaelle Lane Reconstruction – This portion of the project involved removal and replacement of the bituminous surface on Michaelle Lane from TH 69 to the west end. Damaged or settled sections of curb and gutter were also replaced. Following the Assessment Policy, the assessments for the overlay areas will be over five years and over ten years for the Michaelle Lane portion. The interest rate will be 3.01%.

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

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. And the following voted Nay: Councilor Brooks. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 21-166
Included with these minutes)

C. Resolution 21-167 And Public Hearing Adopting Final Assessments for the Edgewood Avenue, St. Peter Avenue, Stanley Avenue, & Ulstad Avenue Reconstruction Project (Job 2102)

Rigg explained the attached resolution would adopt the final assessments for City Job No. 2102, the Edgewood Avenue, St Peter Avenue, Stanley Avenue & Ulstad Avenue Reconstruction Project.

This project involved complete reconstruction including replacement of the pavement, curb & gutter, sidewalk, watermain, sanitary sewer, and storm sewer on the following streets:

Edgewood Avenue – Stevens Street to Johnson Street
St Peter Avenue – E Main Street to Johnson Street
Stanley Avenue – 159 feet north of Elmira Avenue to Sunset Street
Ulstad Avenue – Johnson Street to Sheridan 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 3.01% interest.

Mayor Rasmussen opened the public hearing. He called the first time.

Gregory Lageson of 810 Stanley Avenue asked if the charges noted on his assessment letter is the final assessment amount. Jahnke confirmed that is the final assessment. Brutlag further explained, should council approve these assessments tonight, the final assessment letter will be mailed out tomorrow and will indicate that same amount.

Mayor Rasmussen called two more times. No one spoke. He closed the public hearing.

Baker asked if staff received any comments about this assessment project. Mayor Rasmussen deferred to Clerk Maras who responded no comments were received.

Olson said he received positive feedback from residents living on Ulstad. Olson said the residents spoke highly of the staff and contractors and reported it all went quite smoothly. Mayor Rasmussen reported he received similar feedback from residents.

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.

(See Secretary’s Original Resolution 21-167
Included with these minutes)

D. Resolution 21-168 Authorizing Conversion of Right of Way for a Public Roadway Purpose for the East Main Street Flood Mitigation and Americans with Disabilities Act Improvements (Job 1806)

This resolution would authorize the conversion of all or portions of three City-owned properties into public roadway right of way for the flood mitigation, resurfacing and ADA improvement project being completed by the Minnesota Department of Transportation on East Main Street in 2022.
Two of the properties are in the flood mitigation area near the intersections of East Main Street with William Street and Clark Street. These are being converted for purposes of constructing stormwater ponds. The other property is a small sliver of the Blazing Star Landing site directly at the intersection of Garfield Avenue and East Main Street. This is needed in order to reconstruct the pedestrian ramp in this location according to Americans with Disabilities Act (ADA) standards. A map showing the parcels is attached.

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

(See Secretary’s Original Resolution 21-168
Included with these minutes)

E. Resolution 21-169 Approving Deed Contamination Cleanup and Investigation Grant Application – Blazing Star Landing Parcel (Job 2065)

The City has completed the site preparation for property currently being used as a housing development on the western portion of property south of the railroad track on the Blazing Star Landing. The City has been working with Braun Intertec, a geotechnical and environmental consultant, to help develop approximately 6 acres of the Blazing Star Landing directly east of this site. There are environmental issues with this site that need to be corrected before development of this site can occur. Staff is recommending approval to submit a DEED Cleanup and Investigation Grant Application to offset costs associated with investigation of the approximately 6 acres of the Blazing Star Landing.

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 21-169
Included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended an ALEDA meeting last week and they discussed bringing additional jobs to the community.

Second Ward, Councilor Baker reported:
• Ward Items – Asked for comment regarding the finishing touches on Sunset St. Jahnke said he will confer with the Street Dept. staff and get back to Baker.
• Committee – Attended a Planning Commission meeting where they unanimously approved a CUP for 750 Front Street.

Third Ward, Councilor Howland reported:
• Ward Items – Spoke with a resident about an issue.
• Committee – None

Fourth Ward, Councilor Olson reported:
• Ward Items – None
• Committee Update – None. He extended his condolences and recalled memories of a longtime resident of Albert Lea – Chuck Jean

Fifth Ward, Councilor Rasmussen reported:
• Ward Items – Working on one ward item.
• Committee Update – None

Sixth Ward, Councilor Brooks reported:

• Ward Items – Working on a ward item in the E. 7th Street area. Echoed Councilor Olson’s condolences and memories of Chuck Jean.
• Committee Update – None

MAYOR’S REPORT
Encouraged people to take the Real Age quiz available the Blue Zones website

CITY MANAGER REPORT
• Attended a Zoom meeting about Food Insecurity with the County
• Union negotiations are in progress
• Continue reviewing health insurance rates
• There will be a meeting coming up with a council member, Mayor, City Manager and some individuals from the County to discuss collaboration and cooperation.
• Follow up on some grants
• Budget meetings continue
• Attended the ICMA conference in Portland, OR. He said several people mentioned the connection with Albert Lea related to Blue Zones.

APPROVAL OF CLAIMS
A. Resolution 21-170 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 Olson. 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 21-170
Included with these minutes)

ADJOURNMENT – 7:30 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, October 25, 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