REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, September 26, 2022, 7:00 p.m.
PRESENT: Mayor Vern Rasmussen Jr., Rich Murray, Larry Baker, Jason Howland, Reid Olson, Robert Rasmussen, and Al Brooks. Also present were, Public Works Director Steven Jahnke, Public Safety Director Sergeant-at-Arms Sergeant JD Carlson, and City Clerk Daphney Maras.
ABSENT: City Attorney Kelly Martinez
CALL TO ORDER AND ROLL CALL – Mayor Rasmussen called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE – Mayor Rasmussen asked all in attendance to recite the Pledge of Allegiance.
CEREMONIAL ITEMS
A. Mayor Rasmussen read aloud the Proclamation In Recognition of the thousands of children that die each year in Minnesota. Mayor Rasmussen respectfully requests that October 15th 2022 be recognized as Pregnancy and Infant Loss Remembrance Day.
PUBLIC FORUM
Jerry Collins owner of Big Dreams Organics located in Albert Lea thanked staff for soliciting input from business owners regarding the new ordinance incorporating cannabinoid products within the tobacco ordinance. He spoke of his support, noting he hopes eventually the City will create a stand-alone cannabis ordinance. He also made a request to add language related to allowing people under 21 to enter the store with an adult. He provided a scenario of a parent or grandparent to be allowed to bring their younger children in the store with them as opposed to leaving them in the car.
CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes of The September 12, 2022 Regular Council Meeting
B. Approve Minutes of The September 12, 2022 Work Session
C. License & Permits
D. Resolution Appointing Election Judges for The November 8th General Election
E. Resolution Declaring Hometown Pride Fall Cleanup Day October 15th and Authorizing Reduced Rates at Transfer Station
Mayor Rasmussen read through the council 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: Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-202 and 22-203
Included with these minutes)
PETITIONS, REQUESTS AND COMMUNICATIONS – None
UNFINISHED BUSINESS
Ordinance 22-079 Amending Section 44.066 Lead Line Replacement (2nd Reading)
Rigg said in recent years the Environmental Protection Agency (EPA) has been revising rules regarding lead and copper water piping. This is the second and final reading of this ordinance amending Lead Line Replacement to insure leaking lead water services are not just repaired but that they are properly replaced with a service that does not contain lead.
Motion made by Councilor Howland to approve the second reading as read, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Baker, Olson, Rasmussen, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Ordinance 22-079 Included with these minutes)
NEW BUSINESS
A. Resolution 22-204 Authorizing the Sale of City Property to Freeborn County
Rigg explained the City recently replaced its wide format plotting printer. Freeborn County has requested to purchase the old plotter from the City. Staff has reviewed and supports the request by Freeborn County to purchase the plotter and remaining ink for $1,000.
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 22-204 Included with these minutes)
B. Resolution 22-205 Supporting Blazing Star State Trail Rehabilitation and Development Agreement – Albert Lea to Myre-Big Island State Park Trail Segment (Job 2053)
In December 2018, the Council approved an agreement with the State to use $240,000 the DNR had available for the rehabilitation of a portion of the Blazing Star State Trail. This is an additional $30,000 to provide full funding for the project.
This This is an additional agreement wherein the State of Minnesota, Department of Natural Resources (DNR) and the City of Albert Lea (City) jointly and cooperatively exercise common powers for the Blazing Star Trail project. The project is the rehabilitation and redevelopment of an approximate 0.25-mile segment of the Blazing Star Trail existing between the City and Myre-Big Island State Park. The City will be the lead agency for the project with the DNR aiding and funding. Jahnke provided additional background.
Motion made by Councilor Baker to approve, 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 22-205
Included with these minutes)
C. Resolution 22-206 Granting Approval of a Conditional Use Permit Amendment For 2021 West Main Street
Rigg stated in order to increase visibility and public awareness to the site, the Albert Lea Family Y has applied to amend their existing 1977 conditional use permit which requires deciduous and coniferous trees along the north and east side of the property.
The Planning Commission held a public hearing on September 6, 2022 and forwards the following findings to City Council:
1) Amending the conditional use permit to allow removal of vegetative screen along the north side of the property will not have an effect on existing traffic coming to and going from the site, population or density.
2) Will not increase population or density.
3) Will not negatively impact the public health, safety and welfare of the surrounding area.
Planning Commission recommends approval of the conditional use permit amendment with conditions as stated in the attached resolution.
Motion made by Councilor Howland to approve, 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 22-206
Included with these minutes)
D. Ordinance 22-080 Amending ARTICLE_XII. Tobacco and Edible Cannabinoid Products (1st Reading)
Rigg described the nature of this first reading. The Minnesota Legislature adopted M.S. §151.72 at the end of the 2022 legislative session making it legal to sell certain edibles and beverages infused with tetrahydrocannabinol (THC), the cannabis ingredient extracted from hemp. Additionally, restrictions of the age of possession were not included in the statute – only restrictions on the sale to persons under 21 years of age. With the restrictions included in this ordinance, we are hopeful that this will reduce youth use of these products. The City Council deems it necessary to provide for the regulation of edible cannabinoid products in order to protect the public health safety and welfare and to ensure that edible cannabinoid products are sold in accordance with State Law.
Mayor Rasmussen suggested staff consider additional language as requested by Jerry Collins during the work session.
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 Ordinance 22-080
Included with these minutes)
E. Ordinance 22-081 Amending Chapter 34, Article II, Storage and Disposal (1st Reading)
City Manager Rigg deferred to City Planner Boeck to provide details of this ordinance as well as the next three. Boeck said this ordinance will further define the appropriate size for a refuse container for single-family and multi-family residences as well as where they are appropriately stored when not at the curb for pick-up. Refuse (or garbage) continue to be the most popular complaints in residential neighborhoods and staff believes that this ordinance is more consistent with the size of trash enclosure being used today. The Planning Commission held a public hearing on Tuesday, September 6, 2022 and recommends approval of this amendment as written
Motion made by Councilor Brooks 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 Ordinance 22-081
Included with these minutes)
F. Ordinance 22-082 Amending Chapter 50, Article I, Sec 50-0018 Accessory Buildings, Fences and Site Appurtenances (1st Reading)
Boeck stated this amendment defines materials suitable and allowed for constructing a fence as well as materials that are not allowed. Staff hopes this amendment will help reduce the number of nuisance complaints pertaining to drywall, plywood, scrap metal and other inadequate fencing materials.
In addition, the amending will increase the maximum size and number of accessory structures allowed—staff has proposed the overall increase due to the size of 21st century vehicles, the recreational nature of Albert Lea and harsh weather conditions in MN which often require indoor storage. Staff is not concerned that the result will be structures that are out of size or scale in any given residential area.
The Planning Commission held a public hearing on September 6, 2022 and recommends approval of the ordinance amendment as written
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 Ordinance 22-082
Included with these minutes)
G. Ordinance 22-083 Amending Chapter 50, Article III, Division 8, Sec 50-0402 Building Design Standards (1st Reading)
Boeck explained this amendment will erase language that considers any building surface that faces a street to be the front of the building. In the B-2 Community Business District, there are additional design standards such as see through windows that are imposed on more than one side of the building if that building abuts more than one street. Defining only one front of the building will lessen those requirements.
In addition, this ordinance will require exterior trash enclosures and accessory buildings (accessory to a principal building) on commercial lots to be designed with like building materials. Because the B-2 district is a highly visible commercial district along main thoroughfares like Bridge Ave and Main Street—staff feels this is an important amendment for the overall aesthetics of the community as it pertains directly to the storage of trash.
The Planning Commission held a public hearing on September 6, 2022 and recommends approval of the ordinance amendment as written.
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 Ordinance 22-083
Included with these minutes)
H. Ordinance 22-084 Amending Chapter 50, Article VI, Sec 50-0934 Locational and Site Development Standards (1st Reading)
Boeck said this amendment will permit above ground fuel tanks with different maximum size restrictions for commercial and industrial districts. Right now, Albert Lea has a blanked prohibition—meaning there is no zone that allows above ground fuel tanks. The Minnesota Pollution Control Agency recommends above ground fuel tanks at the maximum size of 4,000 gallons in business districts and 25,000 gallons in industrial districts as they are convenient for small businesses, economical for larger businesses and also easier to manage and prevent leaks.
The Planning Commission held a public hearing on Tuesday, September 6, 2022 and recommends approval of the ordinance amendment as written
Motion made by Councilor Brooks to approve, 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 22-084
Included with these minutes)
MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Murray reported:
• Ward Items – None
• Committee Update – Attended the HRA meeting. Attended a round table with Senator Tina Smith and her staff, as well as other City and County staff members. Attended the Mexican Independence Day event as well as the High School Homecoming parade and football game.
Second Ward, Councilor Baker reported:
• Ward Items – None
• Committee Update – Attended the HRA meeting and the round table with Senator Tina Smith.
Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Attended the Park & Recreation board meeting last week. They were approached by a Rugby team member regarding improvements to the park on Frank Hall where they have their games.
Fourth Ward, Councilor Olson reported:
• Ward Items – He thanked staff for resetting the timing on the Fountains as he requested at the last council meeting.
• Committee Update – Attended an HRA meeting last week. He reported they reviewed the drawings of the new facade at the Shady Oaks Building. They also discussed the HRA Levy and confirmed they will be requesting it be set less than originally anticipated. In addition, security at the Shady Oaks Building was discussed at length.
Fifth Ward, Councilor Rasmussen reported:
• Ward Items – None
• Committee Update – Attended the Airport Board meeting. He reported the Master Plan has been submitted to the FAA. Also discussed submitting for a grant to assist with the purchase of a new fuel system at the Airport. Lastly, hangar rental fees were reviewed and a proposed increase discussed.
Sixth Ward, Councilor Brooks reported:
• Ward Items – Working on a few ward items.
• Committee Update: None
MAYOR’S REPORT:
• Announced the need for several members on the following Boards and Charter Commission: Board of Appeals; Planning Commission, and Charter Commission.
• Attended several meetings last week.
• Mentioned the open house, tours, and job interviews held each Wednesday at the new company in town — Design Ready Controls — and a ribbon cutting scheduled on October 12th.
• Attended the Mexican Independence Day event.
• Attended the High School Homecoming Parade.
Announced the upcoming events:
• Wednesday. September 28th – Good Samaritan Society will be celebrating their 100-year anniversary 11am – 1:30pm. At 12:30 they will be opening a Time Capsule from 1987 to share memories of the past.
• Thursday, September 29th – Albert Lea Community Theatre presents The Big Five-Oh, at the Marion Ross Performing Arts Center. Play starts at 7:30pm.
• This weekend it’s the 36th Annual Big Island Rendezvous & Festival – on Saturday, October 1st from 9am – 6pm and Sunday, October 2nd from 9am-4pm.
• Thursday, October 6th – Trinity Lutheran will have their Soup and Pie sale from 11am to 1pm and 4:30pm to 6:30pm. All proceeds will go to local charities and World Hunger.
• Friday and Saturday, October 7th and 8th – it’s the last weekend of the Fall City-Wide Garage sales in Albert Lea. Check out the ads in the Albert Lea Tribune.
• Saturday, October 8th, from 10am-4pm – Shop, Sip-n-Stroll is back in Downtown Albert Lea. Purchase your Stroll Bag from the Albert Lea Main Street Office at 132 N. Broadway.
CITY MANAGER REPORT
• Staff continues to work on the Capital Improvement Plan
• Mentioned the 300 Block on S. Broadway has gone through significant changes in the last couple of weeks.
• The repairs to the building at 310 S. Broadway continue
• Staff is reviewing the Fee Schedule in preparation for the 2023 updates
• Staff continues to work on potential property and blight projects
• Sent a reminder to the current elected officials, Representative Peggy Bennett and Senator Gene Dornink regarding the need to continue to work on housing issues even after the election is over.
APPROVAL OF CLAIMS
A. Resolution 22-207 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 $459.65 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, 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, and Mayor Rasmussen. Councilor Brooks abstained. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 22-207
Included with these minutes)
B. Resolution 22-208 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 Baker, to approve payment of claims as presented. Seconded by Councilor Books. 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 22-208
Included with these minutes)
ADJOURNMENT: 7:38 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, October 10, 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