December 26, 2017

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, December 26, 2017, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen Jr., Councilors Rich Murray, Larry Baker, Jason Howland, and Al Brooks. Also present were City Manager Chad Adams, Interim City Attorney Kelly Martinez and Assistant City Manager Jerry Gabrielatos

ABSENT: Councilors Reid Olson and Robert Rasmussen, City Engineer Steven Jahnke, and City Clerk Daphney Maras

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS – Mayor Rasmussen read the proclamation declaring human trafficking awareness month

PUBLIC FORUM – No one spoke.

Mayor Rasmussen reviewed the consent agenda:

CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The December 11, 2017 Regular Council Meeting
B. Approve Minutes Of The December 7, 2017 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Accepting Donations Presented To The City Of Albert Lea
E. Resolution Approving Non-Union Employee Salaries For 2018
F. Resolution Entering Into State Of Minnesota Agency Agreement For Federal Participation In Construction
G. Resolution Approving School Zone Enhancements Signage For St. Theodore’s School (2017 Misc. 382)
H. Resolution Ordering Preparation of Feasibility Reports On Improvements For 2018

MOTION: Move to approve the consent agenda as presented.

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

(See Secretary’s Original Resolution 17-241 thru 17-245 included with these minutes.)

PETITIONS, REQUESTS, AND COMMUNICATIONS

UNFINISHED BUSINESS

NEW BUSINESS

Public Hearing and Resolution 17-246 Correcting Errors in Resolution 17-192

Adams explained On October 9, 2017, Resolution 17-192 was passed to levy special assessments for miscellaneous delinquent water/sewer accounts and miscellaneous delinquent accounts receivable. The attached Resolution would correct an error regarding the interest rate and term of six of the assessments. There were six (6) miscellaneous assessments included that were at a different interest rate and term. The assessment letters were sent to the residents with the correct interest and term and also the roll had the correct information, but the resolution did not note the different interest and term on the 6 assessments included on this resolution.

Mayor Rasmussen opened the public hearing He called three times. No one spoke. Public hearing was closed by Mayor Rasmussen.
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, Brooks, and Mayor Rasmussen. Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-246 included with these minutes.)

Public Hearing and Resolution 17-247 Authorizing Emergency Abatement of Hazardous Structure – 132 Broadway Avenue North

Adams read the background regarding this resolution. He introduced Building/Zoning Administrator Wayne Sorensen. Sorensen provided a presentation revealing the exterior and interior mold, ceiling, and basement stairs. He commented he has reason to believe that mercury may have been emitted from the electronics that have been stored within the structure and covered in mold. The presentation also disclosed rain intrusion and a hole through the roof. Sorensen provided a timeline displaying the dates that the city took action against the property. Sorensen noted a letter the Sundholm’s received from Jones, Haugh & Smith Engineers. This letter addressed the deteriorated roof and structural failing. JSH recommended temporarily bracing the roof system until a permanent solution or replacement can be implemented.

Adams asked about the potential risk to common walls. Sorensen said it is hard to say if there is possibility of a domino effect. Howland asked if there was a smell of mold or mildew from the outside. Sorensen said he did not notice it. Howland asked if the property could be saved to which Sorensen replied, in his opinion, it may be more economical to rehab it. Murray asked Sorensen how best to proceed. Sorensen said shoring up the roof, clean up, and allowing access for people to work in the building. He added the mold would also need to be removed for safe construction practices. Martinez described what the City would need to do from a legal standpoint.

Mayor Rasmussen opened the public hearing.

Greg Sundholm spoke. He explained his great grandfather owned the building, and they did not have means to finance the projects. Sundholm stated he has contacted the MPCA for direction.

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

Motion made by Councilor Brooks to take no action until the second Regular City Council meeting in January, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Brooks and Baker. Murray, Howland, and Mayor Rasmussen voted Nay: Mayor Rasmussen declared the motion failed.

Motion made by Councilor Howland to amend the current resolution to add that council review the progress in 30 days to confirm substantial repairs are being made as noted in the staff report. Council will decide at that time how best to move forward. Motion seconded by Councilor Murray. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, and Mayor Rasmussen. Brooks and Baker voted Nay: Mayor Rasmussen declared the motion passed.

(See Secretary’s Original Resolution 17-247 included with these minutes.)

Ordinance 212,6d Establishing Section 4.05 of the City Code Regarding Filing Fee for City Elections (1st reading)

Adams provided background to this ordinance. He stated the City of Albert Lea has followed state statute over the years in regard to setting a filing fee for candidates for city offices. The filing fee for third class cities (such as Albert Lea) has been $5. The state legislature in 2015 approved Subd.3b which allows home rule charter or statutory cities (such as Albert Lea) to adopt by ordinance a filing fee of a different amount not to exceed $40 for third class cities. City staff supports the increase due to the time spent each election year in preparing a packet containing several pages of information for candidates, processing the applications, sending them to the County and state systems, and making sure their names appear correctly on the ballots.

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

(See Secretary’s Original Ordinance 212,6d – 1st reading included with these minutes.)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray reported:

  • Ward Items – Sundholm contacted Murray about the building at 132 S. Broadway.
  • Committee – Attended the SOH meeting, and a Mayo meeting. Also attended the December 14th event in the downtown and commented it was well attended. Met with a potential developer of the Freeborn Bank building.

Second Ward, Councilor Baker reported:

  • Ward Items – None
  • Committee – None

Third Ward, Councilor Howland reported:

  • Ward Items –None
  • Committee – Attended a Park and Recreation meeting. Announced the outdoor ice rinks may be up and running this week.

Fourth Ward, Councilor Olson was absent.

Fifth Ward, Councilor Rasmussen was absent.

Sixth Ward, Councilor Brooks reported:

  • Ward Items –None
  • Committee – None

MAYOR REPORT

Mayor Rasmussen said he will be sending out performance review forms regarding City Manager Adams.

Mayor Rasmussen asked for a motion to approve Nate Jansen to serve another term on the Port Authority board.

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

CITY MANAGER REPORT

A. Freeborn Bank Building Updates – Extended update provided at the work session preceding this council meeting. Staff will review options and will make a recommendation to council at a later date on which developer to move forward with.

B. Fire Facility Updates – Updates were provided at the work session preceding this council meeting. Council is expected to make a decision on proceeding with one of two sites in 30-45 days to maintain the timeline so the project can continue to move forward in 2018.

C. Mayo Update – Adams said he met with Mayo last week. He also met with SOH. Adams reports there is an alternative provider interested in holding a meeting with a community group of stakeholder officials sometime in January.

Adams mentioned on February 6, 2018 there will be a local housing summit for developers, realtors, contractors and city officials to examine needs of the City and develop more housing. Adams noted that City intern Wyeth Anderson is assisting with this project including a toolkit containing resources the City and the State of Minnesota currently offers.

APPROVAL OF CLAIMS

A. Resolution Approving Claims

(1). Presentation of Claims Over $25,000

RESOLUTION 17-248 APPROVING CLAIMS
Adams displayed claims over $25,000 providing detail explanation of each.

Adams explained that the attached resolution directs the Mayor and Finance Director to issue the payment of claims as presented in the Detail of Claims report.

Motion made by Councilor Brooks, to approve payment of claims as presented for checks #66328 through #66505 in the amount of $715,824.72, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Murray, Howland, Baker, Brooks and Mayor Rasmussen. Mayor Rasmussen declared the motion.

(See Secretary’s Original Resolution 17-248 Included with these minutes)

ADJOURNMENT 7:54 PM
Motion made by Councilor Murray, seconded by Councilor Baker, 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, January 8, 2018. 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.

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Jerry Gabrielatos
Secretary Pro Tem