City Council Agenda

AGENDA FOR THE REGULAR MEETING
OF THE ALBERT LEA CITY COUNCIL

City Council Chambers
October 14, 2019 at 7:00 PM

I. CALL TO ORDER AND ROLL CALL

II. PLEDGE OF ALLEGIANCE

III. CEREMONIAL ITEMS

IV. PUBLIC FORUM

V. CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The September 23, 2019 Regular Council Meeting
B. Approve Minutes Of The September 23, 2019 Work Session
C. Licenses & Permits (See Attached List)
D. Resolution Approving Lawful Gambling Premises Permit – Albert Lea Amateur Hockey Association
E. Resolution Accepting Alliance Pipeline Grant
F. Resolution Authorizing Joint Powers Agreement With The Shell Rock River Watershed District For The Pioneer Park Shoreline Restoration Project
G. Resolution Approving Agreement for Professional Engineering Services – North Tower Inspection and Painting (Job 1916)
H. Resolution Acknowledging State Approval Of Annexation Along 780th Avenue For Albert Lea Township
I. Resolution Approving A Lot Combination Through Certificate of Survey
J. Resolution Repealing And Replacing Previously Adopted Resolution 19-081 Granting A Conditional Use Permit For Development Standards In The PD Planned Development District For Wedgewood Cove Estates No. 1 And Wedgewood Cove Estates No. 2
K. Resolution Authorizing Subordination Agreement For Property Located At 923 Frank Avenue

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

A. Port Authority Budget – Phillip Johnson, ALEDA Executive Director

VII. UNFINISHED BUSINESS

VIII. NEW BUSINESS

A. Ordinance 227,13d Amending Chapter 62, Article III, Sec 62-88 Off-Street Parking And Loading (1st reading)
B. Ordinance 227,14d Amending Chapter 74, Article I, Sec 74-2 Definitions (1st reading)
C. Ordinance 227,15d Amending Chapter 74, Article 1, Sec 74-18 Accessory Buildings, Fences And Site Appurtenances (1st reading)
D. Ordinance 227,16d Amending Chapter 74, Article III, Sec 74-256 Off-Street Parking And Loading (1st reading)
E. Ordinance 227,17d Amending Chapter 74, Article III, Division 3, Sec 74-296 Off-Street Parking And Loading (1st reading)
F. Ordinance 227,18d Amending Chapter 74, Article V, Sec. 74-1046 – Access (1st reading)
G. Resolution Approving Agreement for Professional Engineering Services – Baseball and Softball Facilities Study

IX. MAYOR AND COUNCIL REPORTS

X. CITY MANAGER REPORT

XI. APPROVAL OF CLAIMS

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

XII. ADJOURNMENT

MEMO
Administration
221 East Clark Street, Albert Lea, MN 56007
(507) 377-4330 – dtodd@ci.albertlea.mn.us
To: Mayor and City Council
From: David Todd, City Manager
Date: October 14, 2019
Re: October 14, 2019 City Council Meeting Report (What’s Behind It)

V. CONSENT AND APPROVAL OF AGENDA

C. Licenses & Permits – Licenses and permits for items on the agenda are in order.
See attached list.

D. Resolution Approving Lawful Gambling Premises Permit – Albert Lea Amateur Hockey Association – The City of Albert Lea has received an application from the Albert Lea Amateur Hockey Association for a Premises Permit to conduct gambling at the City Arena, 701 Lake Chapeau Drive on January 25, 2020. The Minnesota Lawful Gambling Agency requests a resolution authorizing the permit. Staff recommends approval.
See attached resolution.

E. Resolution Accepting Alliance Pipeline Grant – Albert Lea Fire Rescue has been awarded an Alliance Pipeline Grant in the amount of $5000.00. This grant is through the Alliance Community Safety Initiative. Staff is requesting that the grant be accepted so funding can be used to purchase firefighting turnout gear. The grant will assist the department in purchasing two full sets. Staff recommends approval.
See attached resolution.

F. Resolution Authorizing Joint Powers Agreement With The Shell Rock River Watershed District For The Pioneer Park Shoreline Restoration Project – The Shell Rock River Watershed District (SRRWD) has worked with the City of Albert Lea and received a grant for the restoration of the Pioneer Park shoreline. This shoreline is actively eroding into Fountain Lake. The grant is up to $137, 255.00.

The Joint Powers Agreement states that the Shell Rock River Watershed will use the grant for any eligible project costs and the City of Albert Lea will pay the remainder of the costs. The City will also provide long term maintenance. The Watershed opened bids for the project on October 3, 2019. The low bidder was Barth Construction from Chatfield, MN with a low bid of $75,675.00. The engineers estimate was $137,000. Staff recommends entering into the agreement with the SRRWD.
See attached resolution and agreement.

G. Resolution Approving Agreement for Professional Engineering Services – North Tower Inspection and Painting (Job 1916) – The City of Albert Lea has five elevated water storage tanks (Water Towers). All of the towers require periodic recoating to protect the structural steel from the elements. The North Water Tower was last repainted in 1999 and is currently due. This work requires specialized inspection and design services to ensure a successful project and prolong the life of the tank. The City requested proposals from three consultants. Staff is recommending that the proposal submitted by Bolton & Menk of Mankato be awarded the professional engineering services work on this project. The not-to-exceed fees stated in the proposal are $43,800. The proposed fee includes both design phase and construction phase services. The construction phase services are time and material estimates. Staff recommends approval.
See attached resolution and agreement.

H. Resolution Acknowledging State Approval of Annexation Along 780th Avenue for Albert Lea Township – At the council meeting of September 9, 2019, Resolution 19-132 was adopted by the City and Albert Lea Township requesting the designation and immediate annexation of certain real property. On September 25, 2019, the Order Approving Annexation was received from the State of Minnesota, Office of Administrative Hearings. Staff approves the proposed annexation as outlined in the attached resolution.
See attached resolution.

I. Resolution Approving A Lot Combination Through Certificate Of Survey – George Dress owns two lots along 10th Avenue North (the corner of Wedgewood Road and State Highway 13) and has initiated plans to sell. The proposed lot consolidation simply squares up the property and eliminates an existing non-conforming lot. Staff recommends approval.
See attached resolution and exhibits.

J. Resolution Repealing And Replacing Previously Adopted Resolution 19-081 Granting A Conditional Use Permit For Development Standards In The PD Planned Development District For Wedgewood Cove Estates No. 1 And Wedgewood Cove Estates No. 2 – In May of 2019, staff recommended approval of a Conditional Use Permit for Wedgewood Cove Estates which worked to amend the development standards within a Planned Development District – specifically to change the required front setback from a “coving setback” to a standard setback of 25 ft. from the front lot line. Resolution 19-081 contained errors (the subdivision was labeled incorrectly) and the County Recorder was unable to record the CUP document. The attached resolution would repeal and replace Resolution 19-081 with a corrected version. Staff recommends approval.
See attached resolution.

K. Resolution Authorizing Subordination Agreement for Property Located At 923 Frank Avenue – In 2010, the City provided a forgivable loan under the Small Cities Development Program (SCDP) to the owners of 923 Frank Avenue. The loan is repayable if the property ceases to be the owners’ principal place of residence or is sold within a period of twelve (12) years from the date of receipt. The loan term expires February 2022. The Small Cities Development Program requires security for owner’s obligation of repayment and places a lien on the property. The owners are seeking to refinance the property and request the City subordinate its lien position to Land Home Financial Services, Inc. The owners have remained in the property for ten (10) years and intend to remain in the property. Refinancing is necessary as the Contract for Deed on the home is expiring. Staff recommends approval of the Subordination Agreement.
See attached resolution.

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

A. Port Authority Budget – Phillip Johnson, ALEDA Executive Director will be at the meeting to present the 2020 Port Authority budget.

VIII. NEW BUSINESS

ORDINANCE AMENDMENTS – City staff has been working to clarify several different zoning ordinances pertaining to paving, parking and accessory structure setbacks. It’s important to note that the proposed ordinance amendments will not increase or change the existing requirement; the purpose for amending is to clean up sections that have been difficult to explain and interpret. In addition, two of the proposed amendments actually work to lessen the current requirement.

A. Ordinance 227,13d Amending Chapter 62, Article III, Sec. 62-88 Off-Street Parking and Loading (1st reading) – This ordinance explains that outside parking areas for recreational vehicles in the side or rear yard are not required to be paved. Example: If a recreational conveyance, such as a boat or camper, is parked to the side of or behind the dwelling, pavement would not be required.
See attached draft ordinance.

B. Ordinance 227,14d Amending Chapter 74, Article I, Sec. 74-2 Definitions (1st reading) – This ordinance will allow the Zoning Official to use his discretion when determining the “front” yard for corner lots. This will be especially helpful when two lot lines have equal distance of right-of-way. Once the front yard is determined and recorded as such with City Hall, this determination will apply to all future permits/applications.
See attached draft ordinance.

C. Ordinance 227,15d Amending Chapter 74, Article 1, Sec. 74-18 Accessory Buildings, Fences and Site Appurtenances (1st reading) – This ordinance removes the “no matter what” setback of 60’ for accessory structures. Accessory structures will not be allowed closer to the front lot line than the principal structure and will also not be allowed any closer to the front lot line than 25’.
• Example 1: If a principal structure is setback 23’ from the front lot line, the accessory structure will have to be setback 25’.
• Example 2: If a principal structure is setback 65’ the maximum required setback will be 60’.
See attached draft ordinance.

D. Ordinance 227,16d Amending Chapter 74, Article III, Sec. 74-256 Off-Street Parking and Loading (1st reading) – Both Sec. 74-256 and Sec. 74-296 better explain the width of driveways and flares. In addition, they address whether or not a driveway will be required for an accessory structure.
See attached draft ordinance.

E. Ordinance 227,17d Amending Chapter 74, Article III, Sec. 74-296 Off-Street Parking and Loading (1st reading) – As noted in the previous ordinance, it will better explain the width of driveways and flares, as well as addresses whether or not a driveway will be required for an accessory structure.
See attached draft ordinance.

F. Ordinance 227,18d Amending Chapter 74, Article V, Sec. 74-1046 – Access (1st reading) – This Ordinance will better define a driveway within the R-1 and R-2 districts. Additionally, the graphics are planned to be inserted into the actual ordinances to better illustrate the intent of each. However, where there is confusion, the text will ultimately govern.
See attached draft ordinance.

G. Resolution Approving Agreement for Professional Engineering Services – Baseball and Softball Facilities Study – In July, the City successfully negotiated a new lease agreement for JM Snyder Fields with Riverland Community and Technical College. In conjunction with the new lease came a presentation to the Council about potential improvement ideas. At the Council’s request, the scope of the project was expanded to include options at both the Snyder Field site and the possibility of replacing the facility at an alternative location. To analyze the options available, a consultant was solicited. The City requested proposals from three consulting firms for a Baseball and Softball Facilities Study. Two consulting firms responded with proposals outlining professional planning and design services.

Staff is recommending awarding this work to WSB of Minneapolis. The scope of work in their proposal accurately describes the level of effort and deliverables sought by the City. The proposal stated a not-to-exceed fee of $19,494. A presentation to the Council on the preliminary findings are expected in December where they will receive input and direction from City Staff and Council. A final report to the council is expected in February. The second proposal was submitted by ISG of Mankato. The proposals submitted by each firm were impressive and each should be considered for future work on this or other projects.
See attached resolution and facilities study.

XI. APPROVAL OF CLAIMS

A. 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 and claims report.
(1). Large Claims Over $25,000 – Staff will present and display claims over $25,000 for the public’s viewing, transparency, and education.