December 11, 2023 | City of Albert Lea

REGULAR COUNCIL MEETING
CITY COUNCIL CHAMBERS, CITY OF ALBERT LEA
December 11, 2023 – 7:00 P.M.

PRESENT: Mayor Rich Murray, Councilors Rachel Christensen, Larry Baker, Jason Howland, Sherri Rasmussen, Robert Rasmussen, Brian Anderson. Also present were City Manager Ian Rigg, Public Works Director Steven Jahnke, City Attorney Joel Holstad of Lake National Law LLP, and City Clerk Daphney Maras.

ADDITIONAL STAFF PRESENT: Sergeant-at-Arms-Public Safety Director JD Carlson, Finance Director Kristi Brutlag, Community Engagement & Enrichment Director Cathy Malakowsky

CALL TO ORDER AND ROLL CALL: Mayor Murray called the meeting to order at 7:00 PM. City Clerk Maras administered roll call.

PLEDGE OF ALLEGIANCE: Mayor Murray asked all in attendance to stand and recite the Pledge of Allegiance.

CEREMONIAL ITEMS: None

PUBLIC FORUM
Robert Donavan spoke of is opposition regarding the Open Bottle Ordinance on the council agenda this evening.

Dustin Tram owner of T&W Towing spoke of his concerns with the towing service contract between the Albert Lea Police Department and current towing service contract.

CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes of the November 27, 2023 Regular Council Meeting
B. Approve Minutes of the November 27, 2023 Work Session
C. Resolution for Payment of Claims on December 29, 2023
D. Resolution Accepting Donations from Friends of the Library as Presented to the City of Albert Lea
E. Resolution Accepting & Awarding Bids for Yearly Chemical Supplies, Gasoline and Diesel Fuel

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

(See Secretary’s Original Resolution 23-211 through 23-213 Included with these minutes)

PETITIONS, REQUESTS AND COMMUNICATIONS – None

UNFINISHED BUSINESS
A. Ordinance 23-101 Amending Chapter 2 – Administration (2nd Reading)

This is the final reading of this ordinance to align our practices with the ordinance making a clear separation on what requires Council approval and the remaining policies are management approval.

Motion made by Councilor Baker, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-101 Included with these minutes)

B. Ordinance 23-102 Amending Chapter 4 Alcoholic Beverages – Article 1 – In General – Sec. 4.001 – Definitions and Enacting Sec. 4.006 – Open Bottle (2nd Reading)

This Ordinance defines it is unlawful to drink, consume, or possess alcoholic or cannabis/THC beverages upon a street, other public property, or a private parking lot to which the public has access. The exception is a licensed event or signposted by council. Additionally, the ordinance shall not apply to the possession of an unsealed container in a motor vehicle, on streets or public property, when the container is kept in the trunk of such vehicle (if it is equipped with a trunk), or kept in some other area of the vehicle not normally occupied by the driver or passenger. Furthermore, City Manager Rigg clarified “private parking” means a parking lot open to the public not a private driveway.

At Councilor Baker’s request, City Attorney Holstad explained this ordinance can be a useful tool for the Albert Lea Police Department when alcohol is a contributing factor, He continued to explain this ordinance is not new as it was in place for many years, but was inadvertently removed. Holstad assured council that this ordinance has never been nor would be used to seek out unnecessary arrests, however it has been a tool to prevent incidents from becoming more serious. Public Safety Director Carlson provided additional input clarifying the purpose of this ordinance. City Manager Rigg added details of the definitions.

Following lengthy discussion between council and staff, Howland commented he does not support this ordinance as he believes there may be other tools police officers could use for probable cause.

Motion made by Councilor Christensen, seconded by Councilor R. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, R. Rasmussen, Anderson, and Mayor Murray. Councilor Howland and S. Rasmussen voted Nay.

(See Secretary’s Original Ordinance 23-102 Included with these minutes)

C. Ordinance 23-103 Amending Chapter 32 – Parks and Recreation (2nd Reading)

The major changes clarify the rules prohibiting alcohol, cannabis and tobacco; add ATVS, UTVS and dirt bikes to the definition of motor vehicles prohibited in parks except on designated roads and in parking areas; and that a written agreement with the city is needed to store any personal property in parks. The Parks and Rec Board recommends adopting the final reading of this ordinance, as do city staff.

Howland said he does not support this ordinance due to the restrictions of not allowing alcohol in the parks for example, in the case if a family reunion. He added that although this ordinance was supported by the Park & Rec Board it was not unanimous. S. Rasmussen concurred with Howland’s comments regarding prohibiting alcohol at the parks for family functions. To Baker’s comment, Rigg explained the City issues special event permits to on-sale businesses with a caterer’s permit and the proper liability insurance. He added issues with alcohol consumption in the parks would be more complaint driven incidents. Christensen asked if special permits could be considered for family functions to allow alcohol to prevent people from inadvertently breaking the law by having alcohol when the ordinance might not be consistently enforced. Anderson noted his opposition of this ordinance.

Upon further discussion although initially Councilor Christensen made the motion to approve this ordinance, she has changed her mind and will not support this ordinance as did S. Rasmussen who initially seconded the motion. The remaining council concurred they do not support this ordinance.

Motion to adopt the second reading of the amendments to Ordinance 23-103 – Park Rules was made by Councilor Christensen, seconded by Councilor S. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: None. And the following voted against: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared Ordinance 23-103 failed.

(See Secretary’s Original Ordinance 23-103 Included with these minutes)

NEW BUSINESS
A. TRUTH IN TAXATION (Public Comment Session)

Mayor Murray introduced each resolution regarding the 2024 Truth in Taxation. He said public comment will be open after Finance Director, Kristi Brutlag delivers a PowerPoint detailing each item. Brutlag provided background and details while answering council questions during the presentation. Rigg provided context as well while mentioning the additional change to the fee schedule as the removal of the bowling alley license fee listed in item 8A5.

1. Resolution 23-214 Establishing the Tax Levy for 2024

The City Council in September approved a preliminary levy of $7,745,000. The levy being recommended for final adoption will be established at $7,691,500 ($53,500 less than what was proposed in September), with $5,726,500 for the General Fund operating levy and $1,965,000 for the debt service levy. The increase from 2023 is $350,500 or 4.77%.

A comparison chart including 53 Minnesota communities with population between 10,000 and 30,000 disclosed:
• Average Preliminary Levy was 10.11% for 2024 – Albert Lea 5.5%
• Albert Lea Preliminary Levy – 6th lowest levy increases in the State
• Albert Lea Preliminary Levy – 4th lowest per capita levy
• Actual individual increase/decrease varies based on new construction, resale, area market, and more

Councilor Howland commented that there was a period of almost 10 years when the City had a 0% increase in the operating levy. He stated at some point it has to go up as the price of goods and service continues to rise. He commended City staff for doing a good job at keeping the levy at zero or much lower than other communities as well as at getting the levy down from the original proposed 5.5% increase. Councilor Baker remarked in comparing the levy increase to surrounding cities and considering the services the City offers, the residents should conclude they are getting a pretty good deal. Councilor Christensen commended City staff and council for their hard work in finding the most effective and efficient way to deliver the needed services. Mayor Murray said he appreciates staff and council efforts at maintaining a reasonable levy despite inflation.

Motion made by Councilor Howland, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-214 Included with these minutes)

2. Resolution 23-215 Approving the Albert Lea Housing and Redevelopment Authority
Final Property Tax Levy for Fiscal Year 2024

The City Council in September approved a preliminary HRA property tax levy of $250,000. The maximum special levy as provided by Minnesota Statute 469.033 is $252,641 (.0185% of Estimated Market Value of $1,365,621,700). The HRA is recommending the final levy be set at $250,000 for building security upgrades. This is an increase of $100,000 from the 2023 levy.

(See Secretary’s Original Resolution 23-215 Included with these minutes)

3. Resolution 23-216 Adopting the 2024 General Fund Budget

The proposed 2024 General Fund revenue and expenditure budget being recommended for approval is $19,882,300 which is an increase of $1,768,300 9.76% increase over 2023. To Mayor Murray’s question, Rigg responded the City receives 35% of its budget from LGA as he elaborated on how those funds are spent.

Motion made by Councilor Baker, seconded by Councilor S. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-216 Included with these minutes)

4. Resolution 23-217 Adopting the 2024 – 2028 Capital Improvement Plan

Each year a five-year Capital Improvement Plan is developed by staff to provide a long-range planning tool as a means of identifying needs, available resources and to set priorities for infrastructure improvements and capital purchases. The attached resolution would adopt the 2024 – 2028 Capital Improvement Plan. The added potential projects included in the CIP at this time include the City Arena, bathrooms at the Splash Pad, Marion Ross Theater, and Aquatic Center for a total of those potential projects at $10,894,000. Rigg noted one item has been removed as the Chapeau Neighborhood Park has evolved into the All-Inclusive Park.

Councilor Howland motioned to approve the resolution with the removal of the Chapeau Neighborhood Park, seconded by Councilor Anderson. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-217 Included with these minutes)

5. Resolution 23-218 Amending Fee Schedule for 2024

The fee schedule was reviewed to determine if any charges are not comparable or are insufficient for the costs associated with the service/process. The attached fee schedule is formatted to provide a comparison between the 2023 schedule and proposed 2024. Additionally, this resolution approves the water and sewer 2024 utility rates. The new fee schedule includes a 7% increase in the sewer rates and 5% increase in the water rates. These rate increases are necessary to fund operating expenses and capital projects. Staff worked with Ehlers recently to determine if water rates should continue to increase for the next few years. Until such time a significant user or significant increases in use occurs, a steady increase will be necessary for continue planned capital improvements. Rigg requested the bowling alley fee be struck in its entirety as the City has no bowling alleys at this time.

Motion made by Councilor Baker with the removal of the bowling alley fee, seconded by Councilor R. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-218 Included with these minutes)

6. Resolution 23-219 Adopting the 2024 Water, Sewer, Solid Waste, Senior Center and Airport Budgets

While the City is not required to formally adopt budgets for other funds, Staff recommends approving the budgets to provide more information and transparency to the public on spending for such funds.

Motion made by Councilor Anderson, seconded by Councilor S. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-219 Included with these minutes)

B. Resolution 23-220 Approving the Tentative Agreement Between the City of Albert Lea and the MNPEA Representing the Police Officers and Detectives Bargaining Unit for the Calendar Years 2024, 2025, 2026

The City has reached a tentative agreement with the Minnesota Public Employees Association representing police officers and detectives within the city. The City and Union agreed to a three-year contract 2024, 2025 and 2026.

All contracts have the following changes to the pay system:
• New universal grading and pay scale system that passes the Pay Equity Report. This consists of 16 grades, 12 steps at 3% between each step.
• All staff have been assigned grades based on job title.
• Step assignment was based on ending pay in 2023 with a 3% adjustment guarantee and a few employees were given adjustments for internal equity.
• Standard Anniversary steps remain the same
• Additional step increases will be given in July of 2025 and October of 2026 if available.
• Step 1 will be eliminated July 2025 and Step 2 October 2026.
• Wage Adjustment for 2025 and 2026 are 3% each year.
• The impact of paid family leave on current paid time off options within this contract will be reviewed in 2025 and adjusted in 2026 if needed.
• Deleting probationary restrictions on paid time use.
• Adopting state sick and safe time language into existing City policy.

Changes to this specific contract include:
• Splitting the earning of holiday leave to 48 hours every 6 months instead of 96 hours at the first of the year.
• Increase in uniform allowance from $850 to $1,100 in 2026.
• Added Phlebotomist and Standard Field Sobriety Test Instructor to Tier 1 pay system.

MNPEA employees have ratified this contract. Staff is recommending acceptance of the contract as presented.
Motion made by Councilor Baker, seconded by Councilor Howland. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-220 Included with these minutes)

C. Resolution 23-221 Approving the Tentative Agreement Between the City of Albert Lea and MNPEA Representing the Police Sergeants Bargaining Unit for the Calendar Years 2024, 2025, 2026

Rigg explained this contract has the same changes as the Officers contract above. MNPEA employees have ratified this contract. Staff is recommending acceptance of the contract as presented.

(See Secretary’s Original Resolution 23-221 Included with these minutes)

D. Resolution 23-222 Approving the Tentative Agreement Between the City of Albert Lea and the MNPEA Representing the Public Works, Parks, Arena, City Center and Police Community Service Officers for the Calendar years, 2024, 2025, 2026

Rigg said the City has reached a tentative agreement with the Minnesota Public Employees Association representing public works, parks, arena employees and community service officers within the city. In addition to the universal changes above, this contract has the following changes:

• Adds Juneteenth as a holiday making the total 96 hours annually.
• Increases Class B Water and Wastewater License from $0.45 to $0.70
• Increases Class C Wastewater License from $0.35 to $0.40
• Increases Class A Wastewater License from $0.70 to $1.00

MNPEA employees have ratified this contract. Staff is recommending acceptance of the contract as presented.

Motion made by Councilor Baker, seconded by Councilor R. Rasmussen. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-222 Included with these minutes)

E. Resolution 23-223 Approving the Tentative Agreement Between the City of Albert Lea and the Local 1041 of the International Association of Firefighters for the Calendar Years 2024, 2025, 2026

The City has reached a tentative agreement with the International Association of Firefighter, Local 1041 representing firefighters and 1041A Representing Captains within the city. The City and Union agreed to a three-year contract 2024, 2025 and 2026. Specific changes within this contract are:

• Increasing carry over of annual leave from 336 to 345 hours
• Adding Juneteenth to the holiday schedule.
• Increasing training stipend 6% in 2024, 3% in 2025 and 3% in 2026

IAFL employees have ratified this contract. Staff is recommending acceptance of the contract as presented.

Motion made by Councilor Anderson, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Councilor Christensen, Baker, Howland, R. Rasmussen, S. Rasmussen, Anderson, and Mayor Murray.

(See Secretary’s Original Resolution 23-223 Included with these minutes)

F. Resolution 23-224 Approving Non-Union Salary Schedule for the Calendar Years 2024, 2025, 2026

Rigg said the City hired David Drowns and Associates (DDA) to complete a Classification and Compensation Study in early 2023. The study included a pay equity analysis, a review of job descriptions and an external market analysis. Based on this study the City received a recommendation for a new job classification system and wage structure.

Consistent with the recently negotiated union contracts for represented employees, the City would like to adopt and implement the recommended compensation and classification system for non-represented employees.

Rigg spoke of the importance of continued maintenance and to review job descriptions regularly to ensure the City of Albert Lea continues to be marketable. Pay Equity is extremely important as the City risks losing 5% of LGA if it falls behind.

(See Secretary’s Original Resolution 23-224 Included with these minutes)

MAYOR AND COUNCIL REPORTS:
First Ward, Councilor Christensen reported:
• Ward Items – Has been receiving comments from the residents on Greenwood Drive project.
• Committee Update – Attended the Planning Commission meeting recently. They have recommended City staff consider incorporating Tiny Homes in the City. She commented this is the end of her first year as a council member and extended her appreciation to council and staff. Gave a shout out to Sa Pa who was featured in the Albert Lea Tribune recently for her appreciation of music. Encourage residents to volunteer during this Holiday season and also for those in need to reach out to any of the resources offering assistance.

Second Ward, Councilor Baker reported:
• Ward Items – Commented on the Bancroft Bay Park parking lot repairs. Asked if a policy could be created to consider accepting bids for projects from local businesses.
• Committee Update – Reported on the Port Authority/ALEDA meeting.

Third Ward, Councilor Howland reported:
• Ward Items – None
• Committee Update – Attended the recent CVB meeting. Invited everyone to attend the Christmas Carol Play.

Fourth Ward, Councilor S. Rasmussen reported:
• Ward Items – None
• Committee Update – None

Fifth Ward, Councilor R. Rasmussen reported:
• Ward Items – None
• Committee Update – None

Sixth Ward, Councilor Anderson reported:
• Ward Items – Attended the Holiday Bazaar downtown and the Christmas Carol play at the Marion Ross Theatre
• Committee Update – None

MAYOR REPORT:
Attended the following:
• Senate bonding committee meeting held at the WWTP
• Retirement party for Linda Lares
• ALEDA Jobs meeting
• Nativity program at the Bridge Church

Mentioned the upcoming events and said the events are also listed on the City’s website.

CITY MANAGER REPORT
• Met with the bonding committee
• The items approved under Truth in Taxation tonight have been the main focus items for the last several weeks

APPROVAL OF CLAIMS
A. Resolution 23-225 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 Anderson to approve the claims, seconded by Councilor Baker. On roll call vote, the following councilors voted in favor of said motion: Christensen, Baker, Howland, S. Rasmussen, R. Rasmussen, Anderson, and Mayor Murray. Mayor Murray declared the motion passed.
(See Secretary’s Original Resolution 23-225
Included with these minutes)

Councilor Howland motioned for adjournment, Councilor Anderson seconded. 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, 2024. On roll call vote, all councilors voted in favor of said motion.

Mayor Murray declared the motion passed and the meeting adjourned.

ADJOURNMENT: 9:01 P.M.

__/s/__________________________
Mayor Rich Murray
__/s/__________________________
Daphney Maras
Secretary of the Council