January 28, 2019

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
Monday, January 28, 2019, 7:00 P.M.

PRESENT: Mayor Vern Rasmussen, Jr., Councilors Jason Howland, Robert Rasmussen, Reid Olson and Al Brooks. Also present were City Manager Chad Adams, City Engineer Steven Jahnke, City Attorney Kelly Martinez, and City Clerk Daphney Maras.

ABSENT: Councilors Murray and Baker.

CEREMONIAL ITEMS
A. Mayor Appointments to Boards & Commissions.

Mayor Rasmussen announced the appointment of Brian Hensley and Wyeth Anderson to the Planning Commission Board.

PUBLIC FORUM – No one spoke.

CONSENT AND APPROVAL OF AGENDA
Mayor Rasmussen read through each item on the council agenda:
A. Approve Minutes Of The January 14, 2018 Regular Council Meeting
B. Approve Minutes Of The January 14, 2018 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Approving Sale Of Surplus Equipment
E. Resolution Approving Purchase of Parks Department Mower/Blower Replacement (Unit No. 592)
F. Resolution Approving Purchase of Parks Department Tractor Replacement (Unit No. 588)
G. Resolution Accepting Feasibility Report and Calling Public Hearing For Clausen Avenue, High Street, Sheridan Street, Giles Place and Alley Reconstruction Project (Job 1901)

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

(See Secretary’s Original Resolution 19-015 thru 19-018 included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS
A. Tobacco 21 Proposed Policy & Ordinance Update – City Manager Adams

As a follow-up to the presentation provided at the January 14th Council meeting, Staff has attached for the Council’s review a sample of proposed ordinance amendments from Tobacco 21 advocates, along with a sample notice to tobacco licensed retailers. The attached sample ordinance has been reviewed, but not drafted by Staff. The ordinance is not being considered for Council action at the January 28th meeting. However, Staff is seeking direction from Council to draft any potential ordinance amendments (from the attached sample ordinance or regarding other provisions) at this meeting. Staff is also seeking direction from the Council to distribute the sample notice to licensed retailers if the Council chooses to consider proposed amendments to the ordinance. City Manager Adams will provide additional information on the sample tobacco ordinance at the meeting, and potential consideration of a first reading of an ordinance as early as the February 11th City Council meeting.

Brooks suggested directing staff to move forward to start the process.

Howland, referring to Brooks’ comment, stated he suggests the opposite based on comments from constituents that are not in favor of this policy. Howland questions if it would be effective since these products can be purchased in surrounding communities. He stated that the products can still be possessed and used, the policy would simply limit the purchase of them here in town. He agrees it is a poor health choice to use tobacco however, adults should not have their rights taken away.

Olson advised that he has received comments both supporting the policy and not supporting it. He said community dialogue is important and, in his opinion, the State should take care of it before municipalities get involved. However, he is in favor of hearing what the public has to say at a public meeting.

Mayor Rasmussen said it would be a good idea for the community to have some say before changes are made. He is in favor of directing staff with a motion to move forward with a draft ordinance and a public hearing.

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

B. Bikeable Communities – Lana Howe, SHIP Coordinator

Howe presented a request to host a Bikeable Community Workshop in Albert Lea. The workshop will be held in May and will be provided by Bike Minnesota. She invited council and staff to attend. She explained these workshops help create a more bicycle friendly community and foster the continued growth of a healthy and energy efficient means of transportation. There will be a Bike/Ambassador program training held in Albert Lea in March and will be open to all community members. In addition, SHIP is working with the Albert Lea School District to implement a walk/bike fun curriculum.

UNFINISHED BUSINESS
A. Ordinance 220,9d Amending Chapter 22, Article XII, Sec. 22-468 Permit Issuance Regarding Transient Merchants (2nd Reading)

The first reading of this ordinance was held at the January 14th City Council meeting. This is the final reading of the ordinance which will require a permit for any person engaging in the business of transient merchant.

Howland said he would like a fee implemented for these permits. He compared it to the fee charged to candidates running for public office.

Brooks asked if there is consideration for a fee in the future. Adams responded there may be a fee implemented at any time should council choose. He reiterated the fee was not implemented as the hardship on nonprofit organizations were considered. If in the future, background checks are required and processing of applications increase, then we might want to consider charging a fee.

To Mayor Rasmussen’s question, Martinez explained why it would not be a good idea to not charge a fee to non-profit groups and yet charge all other groups.

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

(See Secretary’s Original Ordinance 220,9d (2nd reading) included with these minutes)

NEW BUSINESS
A. Resolution 19-019 Permitting Loan Agreement with Albert Lea Diesel and Chrome, LLC

Adams informed council this resolution would approve a loan agreement with Albert Lea Diesel and Chrome LLC for the creation of eight (8) full-time jobs in the next two (2) years. The loan amount is recommended to be $150,000 at an interest rate of 2.25%, payable over seven (7) years. If job creation and retention goals are met per the agreement, the amount of $50,000 of the original $150,000 loan will be forgivable. Staff is completing details of the loan agreement.

Howland asked if this loan will come out of the Economic Development Fund. Adams explained the source of this loan will come out of the Revolving Loan Fund which is derived from Minnesota Investment Funds.

Mayor congratulated Albert Lea Diesel and Chrome, LLC Company for their entrepreneurship and initiative in the community.

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

(See Secretary’s Original Resolution 19-019 Included with these minutes)

MAYOR AND COUNCIL REPORTS

First Ward, Councilor Murray was absent

Second Ward, Councilor Baker was absent

Third Ward, Councilor Howland reported:
• Ward Items – attended the Park & Rec Board meeting last week. Discussed the city pool and hours of operation. Welcomed new board members.
• Committee Update – None

Fourth Ward, Councilor Olson reported:
• Ward Items – Received an email thanking the Street Department for their snowplowing efforts.
Committee Update – None

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

Sixth Ward, Councilor Brooks reported:
• Ward Items – None
• Committee Update – Attended the annual CVB meeting where they reviewed upcoming items. He stated he is looking forward to the Governors’ fishing opener. Spoke of collaborating sources with CVB and the Chamber of Commerce.

MAYOR REPORT
• Invited community members to volunteer to serve on a committee organizing the Governors’ Fishing Opener held May 9, 10, and 11, 2019
• Spoke at the 31st annual Martin Luther King Day
• BIG FREEZE – The annual Big Freeze event will be held on February 9th at the Edgewater Bay Pavilion, the Edgewater Park area and at Three Oaks Winery. This year’s winter festival has a variety of activities including the Blue Ice Plunge, 3 on 3 Pond Hockey, Fat Tire demos, ice fishing contest; and games & food and wine tasting at Three Oaks Winery. Non-perishable food items are requested for participation in some of the events.

CITY MANAGER REPORT:
No updates

APPROVAL OF CLAIMS

RESOLUTION 19-020 APPROVING CLAIM FROM BROOKS

The attached resolution directs the Mayor and City Clerk to make payment in the amount of $132.51 on behalf of the City for a claim from Brooks Safety Equipment and to issue payment for filing the affidavit of official interest by the interested official, Councilor Brooks.

Motion made by Councilor Howland, seconded by Councilor Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Howland, Olson, Rasmussen, and Mayor Rasmussen. Brooks abstained. Councilors Murray and Baker were absent. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 19-020
included with these minutes)

RESOLUTION 19-021 APPROVING CLAIMS

Adams explained that the attached resolution directs the Mayor and City Clerk to issue the payment of claims as presented in the Detail of Claims report. In addition, Adams displayed a list of claims over $25,000 for the public’s viewing, transparency and education.

Mayor Rasmusson asked for a breakdown on the monthly payment to Freeborn County Administration. Adams agreed he will gather this information.

Motion made by Councilor to approve payment of claims as presented for checks #70503 through #70639 in the amount of $852,323.04. Seconded by Councilor. On roll call vote, the following councilors voted in favor of said motion: Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen. Councilors Murray and Baker were absent. Mayor Rasmussen declared the motion passed.
(See Secretary’s Original Resolution 19-021
Included with these minutes)

ADJOURNMENT – 7:30 PM

Motion made by Councilor, seconded by Councilor, 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, February 11, 2019. 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

Minnesota state law (Chapter 156 of the Session Laws of 2005) requires that "a city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees." For the City of Albert Lea, titles and salaries as of Jan. 1, 2019, are: City Manager, $138,375.12; Director of Public Works/City Engineer $110,780.80; and Director of Public Safety $103,646.40. Date of publication: January 23, 2019.