AGENDA FOR THE REGULAR MEETING OF THE
ALBERT LEA CITY COUNCIL
TELECONFERENCE via ZOOM https://us02web.zoom.us/j/85804098175
7:00 p.m. – February 22, 2021
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II. PLEDGE OF ALLEGIANCE
III. CEREMONIAL ITEMS
A. Acceptance of the 2019 CAFR Award – Certificate of Achievement For Excellence In Financial Reporting
IV. PUBLIC FORUM
V. CONSENT AND APPROVAL OF AGENDA
A. Approve Minutes Of The February 8, 2021 Regular Council Meeting
B. Approve Minutes Of The February 8, 2021 Work Session
C. Licenses & Permits
D. Resolution Accepting Feasibility Report And Ordering Improvement & Preparation of Plans For Washington Avenue And Water Street Parking Lot Reconstruction Project (Job 2104)
E. Resolution Approving Purchase Of One Single Axle And One Tandem Axle Truck
F. Resolution Granting Approval Of A Conditional Use Permit For 2440 Becker Drive
G. Resolution Authorizing Fire And Police 2021 Purchases
H. Resolution Approving Myre Big Island State Park Wastewater Treatment Facility Maintenance Cooperative Agreement Renewal
I. Resolution Authorizing An Agreement With Nick Hanke
J. Approve SCDP Program and Local Income Plan
VI. PETITIONS, REQUESTS AND COMMUNICATIONS
VII. UNFINISHED BUSINESS
VIII. NEW BUSINESS
A. Ordinance Amending Chapter 48, Article II – Docks, Sec. 46.019 Through Sec. 48.026 (1st reading)
B. Ordinance Amendment Sec. 50.0224 – Conditional Permitted Uses in R-1 Single Family Residential District (1st reading)
C. Ordinance Amendment Sec. 50.0345 – Conditional Permitted Uses in R-P Residential Preservation District (1st reading)
D. Ordinance Repealing Part II, Chapter 6 – Amusements And Entertainments, Article IV – Dances, Division 1. – Generally, Sec. 6.064 Through Sec. 6.066 And Division 2. – License, Sec 6.091 Through 6.095 (1st reading)
E. Ordinance Repealing Chapter 4, Article VI – Cabarets, Part Of Sec. 4.151, All Of Sec. 4.152, And Sec. 4.154 And Repealing The Article VI Title – Cabarets (1st reading)
IX. MAYOR AND COUNCIL REPORTS
X. CITY MANAGER REPORT
XI. APPROVAL OF CLAIMS
A. Resolution Approving Contract With Councilmember Al D. Brooks dba Brooks Safety Equipment
B. Resolution Approving Claims
(1). Presentation of Claims Over $25,000
XII. ADJOURNMENT
MEMO
To: Mayor and City Council
From: Administration
Date: February 22, 2020
Re: February 22, 2020 City Council Meeting Report (What's Behind It)
III. CEREMONIAL ITEMS
A. Acceptance of the 2019 CAFR Award – Certificate of Achievement for Excellence In Financial Reporting – A Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Albert Lea by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report, for the year ended December 31, 2019. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The City of Albert Lea has received this Certificate of Achievement since 1983 for 37 consecutive years.
V. CONSENT AND APPROVAL OF AGENDA
C. Licenses & Permits – See attached.
D. Resolution Accepting Feasibility Report And Ordering Improvement & Preparation of Plans For Washington Avenue And Water Street Parking Lot Reconstruction Project (Job 2104) – This item would accept the Feasibility Report and order the Improvement & Preparation of Plans for the Washington Avenue & Water Street Parking Lot Construction Project. (Job 2104). The existing pavement at the proposed parking lot is in very poor condition. The parking lot was paved in 1976 and city records do not show subsequent overlays. The pavement is beyond its useful life and reconstruction of the gravel base and pavement surface is being proposed. The project will involve the removal of the existing bituminous pavement, replacement of the existing aggregate base and paving the new bituminous surface. New signage and sign posts will also take place where warranted. Opportunities for stormwater treatment and infiltration were evaluated but there is not enough room in the parking lot to maintain the number of stalls provided and add a grass median, raingarden or stormwater pond. To install any of these features, approximately 16 of the 51 stalls would need to be eliminated. Because of this no stormwater ponding is being proposed. The estimated project cost is $108,104.72. This project is not assessable and would be funded using bonding funds or City funds.
PROPOSED PROJECT SCHEDULE
The proposed project schedule for the Washington Avenue / Water Street Parking Lot Reconstruction Project is as follows:
- Accept Feasibility Report / Order Improvement & Preparation of Plans Feb 22, 2021
- Resolution Approving Plans & Ordering Advertisement for Bid March 8, 2021
- Bid Opening April 6, 2021
- Council Awards Bids April 12, 2021
- Begin Construction May 1, 2021
- End Construction October 29, 2021
Staff recommends ordering the improvement and preparation of plans.
See attached resolution & exhibits.
E. Resolution Approving Purchase Of One Single Axle And One Tandem Axle Dump/Plow Truck – This item is for the replacement of Units 242 and 243. This is CIP item STR-V-21-02 budgeted at $250,000 and STR-V-21-03 budgeted at $200,000. Both units to be replaced are 2006 Sterling single axle trucks with plows and sanders. Each of the trucks have over 6,000 hours and over 66,000 miles. Both vehicles are experiencing increased maintenance.
The replacement units will be 2021 International trucks. Instead of replacing both with equivalent single axle units, the Street Department has elected to replace one with a tandem axle unit. The Street Department had three tandems in the past and went to just one a year ago. The past year has justified the need to regain another tandem axle truck. The larger truck is more efficient with operations such as plowing larger roadways, and has more hauling capacity. Both trucks would be purchased from North Central International of Albert Lea, MN. The hydraulics, wings, sanders, plows, controls and dump boxes would be purchased from TBEI Inc. Both dealers are on the Minnesota State Bid Contract. Both units would be traded against the price of the new equipment.
Summary
2021 International (Unit 242 Replacement) $132,522
Accessories J-Craft (Wing, sanders, plows, controls, dump box, hydraulics) $120,202
Trade-in 2006 Sterling (-$18,500)
Total Unit #242 Replacement $234,224
2021 International (Unit 243 Replacement) $106,135
Accessories J-Craft (Wing, sanders, plows, controls, dump box, hydraulics) $111,581
Trade-in 2006 Sterling (-$18,500)
Total Unit #243 Replacement $199,216
Total Cost: $433,440
Staff recommends approval to purchase.
See attached resolution and exhibits.
F. Resolution Granting Approval Of A Conditional Use Permit For 2440 Becker Avenue – The Planning Commission met on February 2, 2021 to conduct a public hearing to consider the application for a Conditional Use Permit (CUP) regarding the expansion of an existing retail propane plant. The applicant indicates that the expansion area will be used for propane cylinder storage. The Planning Commission finds that as an appropriately zoned industrial property and use, the proposed expansion will not negatively impact the public health, safety and welfare of the surrounding area and recommends approval of the Conditional Use Permit with the following conditions:
1) The area to be used for propane cylinder storage be enclosed with 6 ft. chain link fencing as required by code.
Staff recommends approval.
See attached resolution.
G. Resolution Authorizing Fire And Police 2021 Purchases – The Fire Department is seeking authorization for the following purchases from the Fire Capital Fund:
• Fire Radio Replacement, FIR-E-21-01 $22,000 – Final price $22,559
• Fire CAD Dispatching Equipment FIR-E-21-02 $100,000 – Final Price $60,023
• Apparatus Bay Fans $36,000 – Final Price $23,960.
The Police Department is seeking authorization for the following purchases from the Police Capital Fund:
• 4 Motorola Radios POL-E-21-03 $20,000 – Final Price 26,000
• 2 Squad Cars from Central Garage Capital Fund POL-E-21-01 and POL-E-21-02 ($45,000 each) – Price $69,769.24 for both vehicles.
All were priced through the Minnesota State Bid Contract except for the Fire CAD dispatching equipment which was priced by obtaining two quotes. Staff recommends approval.
See attached resolution.
H. Resolution Approving Myre Big Island State Park Wastewater Treatment Facility Maintenance Cooperative Agreement Renewal – In 2019, the City of Albert Lea entered into an agreement to oversee the operation of the Wastewater Treatment Facilities at Myre Big Island State Park. This item would renew a Cooperative Agreement between the Minnesota Department of Natural Resources and the City of Albert Lea. Myre Big Island operates and maintains a Class C Wastewater collection and Treatment Facility at the park. The Class C operator at Myre Big Island no longer works at the park and the MDNR has requested that the City oversee the operation of the Wastewater Treatment Facility for another two-year term. Myre Big Island would continue to do the day-to-day operations and the City would review and oversee their operations. The City would be paid for these services on an hourly basis. Staff has reviewed the agreement and recommends approval.
See attached resolution and agreement.
I. Resolution Authorizing An Agreement With Nick Hanke – The attached resolution would authorize the City of Albert Lea to enter into an Agreement with Nick Hanke, Hankedoodle LLC for renovation of a building located at 206 West Clark Street. The City has authorized up to $8,000 to complete the remodel of two rental units, and, an ADA Type B bathroom, which is required in buildings with four or more rental units. The loan document is in review and development to meet grant guidelines. Staff recommends approval.
See attached resolution.
VIII. NEW BUSINESS
A. Ordinance Amending Chapter 48, Article II – Docks, Sec. 46.019 Through Sec. 48.026 – The ability to provide dock use from public shoreline is unique as is our balance between what would have been the abutting property owner's riparian rights and the greater good of allowing greater public access. This ordinance is meant to correct some poor or outdated definitions, establish procedures to handle appeals, and provide some assurance for permit holders and riparian property owners their ability to return to their dock space the following year. Early last week a letter was sent to riparian property owners on record and 2020 dock space permittees. Staff recommends approval.
See attached ordinance.
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B. Ordinance Amendment Sec. 50-0224 – Conditional Permitted Uses in R-1 Single Family Residential District (1st reading) – As part of an ongoing attempt to clarify and improve different zoning ordinances, the Planning Commission held a public hearing on February 2, 2021 in regards to two separate zoning codes that work to clarify permitted conditional uses in both the Single-Family Residence (R-1) and Residential Preservation (R-P) District. Questions have been raised in regards to the meaning of the word private and as a result, staff's interpretation is that public and commercial recreational uses (meaning for public benefit) such as country clubs, golf courses, swimming pools and similar comparable uses are permitted; and, that private uses are not. The proposed ordinance amendments would reflect this interpretation. Special note: Changes made to ordinance numbering is due to a codification process that took place at the beginning of the year – it is not due to changes proposed by staff.
See attached draft ordinance.
C. Ordinance Amendment Sec. 50.0345 – Conditional Permitted Uses in R-P Residential Preservation District (1st reading) – As noted in the above report, the Planning Commission's February 2nd public hearing and clarification to the permitted conditional use, also applies to this Ordinance Amendment. Staff recommends approval of the first readings of both ordinance amendments.
See attached draft ordinance.
D. Ordinance Repealing Part II, Chapter 6 – Amusements And Entertainments, Article IV – Dances, Division 1. – Generally, Sec. 6.064 Through Sec. 6.066 And Division 2. – License, Sec 6.091 Through 6.095 (1st reading) – The Dance Hall Ordinance is one that was created at a time when dance halls were prevalent and regulation was required to ensure safety. The City of Albert Lea wishes to eliminate the requirement of a license to conduct public dances as a business or as an incident to a restaurant, dancehall or other business. Staff recommends approval.
See attached draft ordinance.
E. Ordinance Repealing Chapter 4, Article VI – Cabarets, Part Of Sec. 4.151, All Of Sec. 4.152, And Sec. 4.154 And Repealing The Article VI Title – Cabarets (1st reading) – The Cabaret Ordinance is one that was created at a time when public venues, by law, required a 'Cabaret license' to allow public dancing in the State of Minnesota. The State of Minnesota no longer requires such license. Staff recommends approval.
See attached draft ordinance.
XI. APPROVAL OF CLAIMS
A. Resolution Approving Contract With Councilmember Al D. Brooks dba Brooks Safety Equipment – The attached resolution directs the Mayor and City Clerk to make payment in the amount of $358.90 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.
See attached resolution.
B. Resolution Approving Claims – The attached resolution directs the Mayor and City Treasurer to issue the payment of Claims as presented in the Detail of Claims report.
See attached resolution.
(1). Large Claims Over $25,000 – When applicable, staff will present and display any claims over $25,000 for the public's viewing, transparency and education.
Fire Station Virtual Tour
Walk and Bike Albert Lea
H. Resolution Approving Myre Big Island State Park Wastewater Treatment Facility Maintenance Cooperative Agreement Renewal – In 2019, the City of Albert Lea entered into an agreement to oversee the operation of the Wastewater Treatment Facilities at Myre Big Island State Park. This item would renew a Cooperative Agreement between the Minnesota Department of Natural Resources and the City of Albert Lea. Myre Big Island operates and maintains a Class C Wastewater collection and Treatment Facility at the park. The Class C operator at Myre Big Island no longer works at the park and the MDNR has requested that the City oversee the operation of the Wastewater Treatment Facility for another two-year term. Myre Big Island would continue to do the day-to-day operations and the City would review and oversee their operations. The City would be paid for these services on an hourly basis. Staff has reviewed the agreement and recommends approval.
See attached resolution and agreement.
I. Resolution Authorizing An Agreement With Nick Hanke – The attached resolution would authorize the City of Albert Lea to enter into an Agreement with Nick Hanke, Hankedoodle LLC for renovation of a building located at 206 West Clark Street. The City has authorized up to $8,000 to complete the remodel of two rental units, and, an ADA Type B bathroom, which is required in buildings with four or more rental units. The loan document is in review and development to meet grant guidelines. Staff recommends approval.
See attached resolution.
VIII. NEW BUSINESS
A. Ordinance Amending Chapter 48, Article II – Docks, Sec. 46.019 Through Sec. 48.026 – The ability to provide dock use from public shoreline is unique as is our balance between what would have been the abutting property owner's riparian rights and the greater good of allowing greater public access. This ordinance is meant to correct some poor or outdated definitions, establish procedures to handle appeals, and provide some assurance for permit holders and riparian property owners their ability to return to their dock space the following year. Early last week a letter was sent to riparian property owners on record and 2020 dock space permittees. Staff recommends approval.
See attached ordinance.
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B. Ordinance Amendment Sec. 50-0224 – Conditional Permitted Uses in R-1 Single Family Residential District (1st reading) – As part of an ongoing attempt to clarify and improve different zoning ordinances, the Planning Commission held a public hearing on February 2, 2021 in regards to two separate zoning codes that work to clarify permitted conditional uses in both the Single-Family Residence (R-1) and Residential Preservation (R-P) District. Questions have been raised in regards to the meaning of the word private and as a result, staff's interpretation is that public and commercial recreational uses (meaning for public benefit) such as country clubs, golf courses, swimming pools and similar comparable uses are permitted; and, that private uses are not. The proposed ordinance amendments would reflect this interpretation. Special note: Changes made to ordinance numbering is due to a codification process that took place at the beginning of the year – it is not due to changes proposed by staff.
See attached draft ordinance.
C. Ordinance Amendment Sec. 50.0345 – Conditional Permitted Uses in R-P Residential Preservation District (1st reading) – As noted in the above report, the Planning Commission's February 2nd public hearing and clarification to the permitted conditional use, also applies to this Ordinance Amendment. Staff recommends approval of the first readings of both ordinance amendments.
See attached draft ordinance.
D. Ordinance Repealing Part II, Chapter 6 – Amusements And Entertainments, Article IV – Dances, Division 1. – Generally, Sec. 6.064 Through Sec. 6.066 And Division 2. – License, Sec 6.091 Through 6.095 (1st reading) – The Dance Hall Ordinance is one that was created at a time when dance halls were prevalent and regulation was required to ensure safety. The City of Albert Lea wishes to eliminate the requirement of a license to conduct public dances as a business or as an incident to a restaurant, dancehall or other business. Staff recommends approval.
See attached draft ordinance.
E. Ordinance Repealing Chapter 4, Article VI – Cabarets, Part Of Sec. 4.151, All Of Sec. 4.152, And Sec. 4.154 And Repealing The Article VI Title – Cabarets (1st reading) – The Cabaret Ordinance is one that was created at a time when public venues, by law, required a 'Cabaret license' to allow public dancing in the State of Minnesota. The State of Minnesota no longer requires such license. Staff recommends approval.
See attached draft ordinance.
XI. APPROVAL OF CLAIMS
A. Resolution Approving Contract With Councilmember Al D. Brooks dba Brooks Safety Equipment – The attached resolution directs the Mayor and City Clerk to make payment in the amount of $358.90 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.
See attached resolution.
B. Resolution Approving Claims – The attached resolution directs the Mayor and City Treasurer to issue the payment of Claims as presented in the Detail of Claims report.
See attached resolution.
(1). Large Claims Over $25,000 – When applicable, staff will present and display any claims over $25,000 for the public's viewing, transparency and education.
Fire Station Virtual Tour
Walk and Bike Albert Lea
We're partnering with the Blue Zones Project to get more folks to walk or bike places they would normally drive.
Tree Service License Requirements and Regulations
Trees are an important part of agriculture environment. They add greatly to our health, sense of wellbeing, quality of life, and our economic future in many ways…
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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, 2021, are: City Manager, $127,379.20; Director of Public Safety $121,409.60; and Director of Public Works/City Engineer $117,852.80. Date of publication: January 13, 2021.
