Council approves first reading of ordinance changes for open bottle, parks rules

Published 5:36 am Tuesday, November 28, 2023

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The Albert Lea City Council had its first reading Monday of two changes to city ordinances, including one that would prohibit drinking, consuming or possessing unsealed beverages containing alcohol, cannabis or THC products.

The ordinance would apply to any street, other public property or private parking lot with public access except as licensed or signposted by the council.

It would cover alcoholic beverages, cannabis/THC beverages, distilled spirits and 3.2 percent malt liquor.

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City Manager Ian Rigg said violation would be a petty misdemeanor and would help enforcement efforts of the Albert Lea Police Department.

The ordinance would not apply to possession of an unsealed container in the trunk of a motor vehicle or some other location in a vehicle not normally occupied by passengers.

Rigg said the ordinance would complement a state statute that addresses drinking, consumption and possession of alcoholic beverages in a vehicle when driving.

The second ordinance includes rules for the city’s parks to help ensure the safety and enjoyment for everyone using the parks, Rigg said.

He noted when the council approved prohibiting cannabis in parks, the change prompted staff to review all staff rules, which have been the same since 2008. The changes were also recommended by the Albert Lea Parks and Recreation Advisory Board in October.

In addition to clarifying rules about prohibiting alcohol, cannabis and tobacco, the changes would do the following:

• Add ATVs, UTVs and dirt bikes to the vehicles prohibited in parks except for on designated roads and parking areas.

• Require a written agreement with the city to store any personal property at parks.

• Set park hours at 5 a.m. to 10:30 p.m.

• Require pets to be on a leash controlled by a person. It would also require the person two remove any feces from the animal.

• Require all fires be attended and only be allowed in public grills, fireplaces and fire rings.

• Prohibit removing, cutting or damaging landscaping materials or vegetation.

Violators would be charged with a petty misdemeanor.

Third Ward Councilor Jason Howland asked whether the ordinance applies to vaping.

Rigg said the ordinance had been intended to cover tobacco and nicotine and will be adjusted to such prior to the second reading of the ordinance Dec. 11.

In other action, the council:

• Ordered preparation of feasibility reports for construction projects slated for 2024.

Included are the following:

— Mill and overlay and curb and gutter replacement on portions of Fairlane Terrace, Crestview Road, Spicier Road, Foothills Boulevard, Foothills Circle, Briarwood Drive, Columbus Avenue, Levison Street, Kent Avenue, Minnie Maddern Street and Hammer Road.

— Mill and overlay and curb replacement on Greenwood Drive from Richway Drive to Hammer Road. The project would also include narrowing the road and installing sidewalk.

— Reconstruction of Marshall Street from Bridge Avenue to East Main Street and Sibley Avenue from Marshall Street to East Main Street. This includes pavement, curb and gutter, sidewalk, waterman, sanitary sewer and storm sewer.

— Reconstruction of Seventh Street from SE Broadway Avenue to James Avenue and Winter Avenue from Fountain Street to Abbott Street. This includes pavement, curb and gutter, sidewalk, waterman, sanitary sewer and storm sewer.

— Replacement of alleys between Elizabeth Avenue and Newton Avenue from Clark Street to College Street.

— Installing new sidewalk on Blake Avenue from East Main Street to Hendrickson Road.

• Approved applying for a grant through the Minnesota Department of Transportation’s Safe Routes to School program for sidewalk extension on Greenwood Drive.

• Approved a grant agreement with the Minnesota Department of Transportation for the new Airport Automated Weather Station. The first phase, for $18,000, is entirely state funded.

• Approved applying to MnDOT for a grant for the Blake Avenue sidewalk project.

The city previously applied but was not awarded.

• Accepted a $50,000 donation from the Albert Lea Youth Baseball Association for the Snyder Field improvement project.

• Approved tax abatement for a single family home and a twin home on West Ninth Street.

• Approved the first reading of an ordinance that would make clearer what things require council approval and what can be approved by city management.

Rigg said primarily what is charged to people, what employees receive in reimbursements or benefits, and incentives for development must be approved by the council.

• Approved the sale of 728 S. Newton Ave. to Keith Johnson Construction Inc. for $1.

The property was previously one the city had obtained through tax forfeiture and had hoped to be able to fix the foundation before returning it to the private market.

Rigg said the city removed the detached garage for about $5,750, but after collecting quotes determined the rehabilitation of the foundation would be cost prohibitive.

It then went back out for proposals for the property to repair the structure or to remove it and then replace it with new housing options.

As part of the agreement with Keith Johnson Construction, the company agrees to repair or demolish the structure within 12 months or to building new housing within 24 months. If not accomplished, the city can reassess the property for $8,000 and can demolish the structure and assess it to the property.

• Approved the sale of property at 401 W. College St. to Ruben Enriquez for a total of $11,242. The city previously demolished a hazardous structure on the property. Enriquez is a neighboring property owner and will combine the lot with his lot.

Part of the cost also includes the city removing a large dead oak tree on the property.