City Council Agenda

AGENDA FOR THE REGULAR MEETING
OF THE ALBERT LEA CITY COUNCIL

City Council Chambers
December 9, 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 November 25, 2019 Regular Council Meeting
B. Approve Minutes Of The November 25, 2019 Work Session
C. Resolution Amending Approval Of A Premises Permit And Approving Application To Conduct Off-Site Gambling – Albert Lea Amateur Hockey Association
D. Resolution Designating The Polling Places For 2020
E. Resolution Approving Donation Policy And Rescinding Streetscape Bench Donation Policy
F. Resolution Accepting And Awarding Bids For Yearly Chemical Supplies, Gasoline And Diesel Fuel
G. Resolution Approving Plans And Specifications And Ordering Advertisement of Bids For Bridge Avenue (CSAH 22) Reconstruction Project (Job 1907)
H. Approve Replacement Of 80 kW Trailer Mounted Generator – Public Works Department
I. Reschedule City Council Regular Meeting From December 23, 2019 To December 19, 2019 At 5:30 PM

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

A. Library Strategic Plan – Peggy Havener, Library Director

VII. UNFINISHED BUSINESS

VIII. NEW BUSINESS

A. 2020 Budget – TRUTH IN TAXATION – Public Comment Session

1. Resolution Establishing The Tax Levy For 2020
2. Resolution Approving Albert Lea Housing And Redevelopment Authority Final Property Tax Levy For Fiscal Year 2020
3. Resolution Adopting The 2020 General Fund Budget
4. Resolution Adopting The 2020 – 2024 Capital Improvement Plan
5. Resolution Amending Fee Schedule For 2020 – Excluding Water And Sewer Utility Rates
6. Resolution Amending Fee Schedule For 2020 – Water And Sewer Utility Rates Only
7. Resolution Adopting The Water, Sewer, Solid Waste, Senior Center And Airport Budgets

B. Ordinance 227,19d Amending Article III, Lodging Establishments (1st Reading)
C. Ordinance 227,20d Amending Article II, Sec. 58-26 Lodging Tax Definitions (1st Reading)
D. Ordinance 227,21d Amending Ordinance 200,6d Adopted on June 27, 2016 Rezoning (1st Reading)
E. Resolution Permitting An Agreement For Loan Of City of Albert Lea Economic Development Revolving Fund And Econmic Revolving Loan Fund with Pro Trucking, Inc.
F. Resolution Amending South Broadway Urban Renewal Grant/Loan Policy

IX. MAYOR AND COUNCIL REPORTS

X. CITY MANAGER REPORT

XI. APPROVAL OF CLAIMS

A. Resolution Approving Contract With Councilmember Al D. Brooks
B. Resolution Approving Claims

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

XII. ADJOURNMENT

MEMO

To: Mayor and City Council
From: David Todd, City Manager
Date: December 9, 2019
Re: December 9, 2019 City Council Meeting Report (What’s Behind It)

V. CONSENT AND APPROVAL OF AGENDA

C. Resolution Amending Approval of a Premises Permit and Approving Application to Conduct Off-Site Gambling – Albert Lea Amateur Hockey Association – The City of Albert Lea received an application from the Albert Lea Amateur Hockey Association for a permit to conduct gambling at the Albert Lea City Arena, 701 Lake Chapeau Drive, Albert Lea, MN on January 25, 2020. At the meeting of October 14, 2019, Council approved Resolution 19-146 approving a Premises Permit. This resolution will amend Resolution 19-146 to approve an Off-Site permit. The Minnesota Lawful Gambling Agency requests a resolution to authorize this Permit. Staff recommends approval.
See attached resolution.

D. Resolution Designating The Polling Places For 2020 – Pursuant to Minnesota Statute §204B.16 Subd. 1, it states that by December 31st of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling place for each election precinct. The polling places designated in this resolution are the polling places for the following calendar year, unless a change is made. Staff recommends approval.
See attached resolution.

E. Resolution Approving Donation Policy And Rescinding Streetscape Bench Donation Policy – The City frequently receives requests from parties interested in making a donation to the City to support a feature, project or amenity. The City has lacked a policy to address all donations. The proposed donation policy standardizes the way donations are received and the requirements of the donor. The policy also rescinds the existing Bench donation policy for the streetscape project on Broadway. Any future bench donations for the Broadway Avenue corridor will be subjected to the requirements of the proposed donation policy.
See attached resolution and draft policy.

F. Resolution Accepting And Awarding Bids for Yearly Chemical Supplies, Gasoline and Diesel Fuel – The City has reviewed the bids opened Tuesday, December 3, 2019 for the 2020 Chemicals and Fuel. The City received two bids for chemicals and one bid for the fuel. Staff recommends the low bids submitted by DPC Industries, Inc. of Rosemount, MN and Freeborn County Co-Op Oil Co. of Albert Lea, MN with bids as follows:

Item A – Hydrofluosilicic Acid
DPC Industries, Inc. Price
Rosemount, MN $20.77/CWT

Item B – Liquid Chlorine
DPC Industries, Inc. Price
Rosemount, MN $46.00/CWT

Item C – Phosphate Inhibitor
DPC Industries, Inc. Price
Rosemount, MN $39.90/CWT

Item D – Gasoline & Diesel Fuel
Freeborn County Co-Op Oil Co.
Albert Lea, MN

Garage WWTP
Unleaded Gas $0.05/bid margin $0.10/bid margin
Low Sulfur Diesel No. 2 $0.05/bid margin $0.10/bid margin
Low Sulfur Diesel Arctic $0.05/bid margin $0.10/bid margin
Low Sulfur Diesel No. 2 (heating oil) $0.05/bid margin

See attached resolution and bid tabulation.

G. Resolution Approving Plans And Specifications And Ordering Advertisement of Bids For Bridge Avenue / CSAH 22 Reconstruction Project (Job 1907) – Plans and specifications have been completed for the Bridge Avenue (CSAH 22) Reconstruction Project, Job No. 1907. The roadway is owned and maintained by Freeborn County and the underground utilities are owned and maintained by the City of Albert Lea. This will be a joint project between the City of Albert Lea and Freeborn County with Freeborn County being the Lead Agency.
The proposed project calls for the complete reconstruction of Bridge Avenue (CSAH 22) from Marshall Street to Hammer Road. Proposed work will include complete removal and replacement of the pavement, curb and gutter, sidewalk, street lighting, sanitary sewer, storm sewer, and watermain. The existing concrete and bituminous pavements will be removed and replaced with a bituminous surface. The traffic signal at Marshall Street, Richway Drive and Hammer Road are proposed to be replaced. The traffic signal at Hawthorne Street is proposed to be removed and a Rectangular Rapid Flashing Beacon (RRFB) will be installed to enhance pedestrian safety.
The sidewalks on the west side of the road are proposed to be reconstructed in the same location and configuration as the existing walks. The sidewalk on the east side is proposed to be widened to a 6 ft. sidewalk on the south end and to a 10 ft. wide bituminous shared user path on the north end.
The plans and specifications have been completed and have been presented to the Council for approval and authorization of bidding. The bid opening would be scheduled for mid-January 2020. Staff recommends approving the plans and specifications and authorization of the bidding for the project.
See attached resolution.

H. Approve Replacement Of 80 KW Trailer Mounted Generator – Public Works Department – The Utilities Department is seeking to replace a 1984 Marathon 80kW generator used to power sanitary sewer lift stations during power outages. The equipment is older technology and cannot be used to run the newer lift stations or lift stations on upgraded transformers. A replacement unit has been identified and checked out by staff. The replacement unit is a used model with approximately 4,000 hours. It is a 2012 – 80kW model C80D6R and is manufactured by Cummins. Although the generator is used, it is in very good condition and has ample service life left and will suit the needs of the department for years to come.

Typically, the City does not seek out used equipment. The generators are essential equipment, but they are not used heavily and staff does not wear them out. This purchase is CIP item SCO-E-19-02 and was budgeted as $55,000. The replacement unit will cost $27,900. The old unit will be sold on a surplus auction such as MnBidd or other competitive bidding environment. Staff recommends approval.
See attached spec sheet.

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

A. Library Strategic Plan – Library Director Peggy Havener will provide an overview of the Library’s 2020 – 2022 Strategic Plan.

VIII. NEW BUSINESS

A. 2020 Budget – TRUTH IN TAXATION – Public Comment Session
1. Resolution Establishing The Tax Levy For 2020 – The City Council in September approved a preliminary levy of $6,661,806 for 2020. The levy being recommended for final adoption will be established at $6,520,259 ($141,547 less than what was proposed in September), with $4,758,453 for the General Fund operating levy and $1,761,806 for the debt service levy. This is the 8th consecutive year the operating levy has remained at the same dollar amount. Staff recommends approval of the resolution.
See attached resolution and report.

2. Resolution Approving Albert Lea Housing And Redevelopment Authority Final Property Tax Levy For Fiscal Year 2020 – The City Council in September approved a preliminary property tax levy of $109,000. The maximum special levy as provided by Minnesota Statute 469.033 is $187,549 (.0185% of Estimated Market Value of $1,013,778,200) but the HRA and Staff are recommending $109,000 or 58% of the maximum. Staff recommends approval of the resolution.
See attached resolution and report.

3. Resolution Adopting The 2020 General Fund Budget – The proposed 2020 General Fund budget being recommended for approval is $16,757,168 which is an approximate 1.61% increase over 2019. Staff recommends approval.
See attached resolution and exhibit.

4. Resolution Adopting 2020 – 2024 Capital Improvement Plan – Each year a five-year Capital Improvement Plan (CIP) is developed by staff for the City of Albert Lea. One of the best approaches to this decision making process is to use long-range planning as a means of identifying needs, available resources and the significance of the impact. The five-year Capital Improvement Plan is a long-range planning tool the City can successfully use in setting priorities for the community’s infrastructure improvement. The attached resolution would adopt the proposed 2020 – 2024 Capital Improvement Plan. Staff recommends approval.
See attached resolution.

5. Resolution Amending Fee Schedule For 2020 – Excluding Water and Sewer Utility Rates – There are two resolutions approving the fees for 2020. The first resolution approves all fees except Water and Sewer rates and the second approves the Water and Sewer Rates. The attached fee schedule is formatted to provide a comparison between the 2019 schedule and proposed 2020. The new fee schedule includes the recommended 6% increase to water rates. Staff recommends approval of the proposed changes.
See attached resolution and fee schedules.

6. Resolution Amending Fee Schedule For 2020 – Water and Sewer Utility Rates Only – As noted in the above paragraph, this resolution approves the water and sewer utility rates only. Staff recommends approval.
See attached resolution.

7. Resolution Adopting The 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.
See attached resolution and exhibit.

B. Ordinance 227,19d Amending Article III, Lodging Establishments (1st reading) – Staff seeks an amendment to Albert Lea City Code Sec. 22-66 through 22-91. The City has an ordinance to regulate the operations of hotels, motels, extended stay hotels and lodging establishments. The amendments clarify the definitions of hotel, motel, extended stay hotels and lodging establishments. The ordinance requires establishment owners to obtain a license every year and to post the license in a conspicuous place. To be licensed, owners are required to allow the Albert Lea Fire Department’s designated inspector(s) to enter and inspect these establishments at least once every three years and to ensure sex trafficking prevention training has been conducted for all employees with access to guest rooms and/or have guest contact. Any owner of these establishments failing to meet these requirements are subject to adverse license action. These changes are required pursuant to state law. Staff recommends approval.
See attached ordinance and redlined copy.

C. Ordinance 227,20d Amending Article II, Sec. 58-26 Lodging Tax Definitions (1st Reading) – Minn. Stat. § 469.190 authorizes cities to impose a 3% lodging tax on rent for lodging of up to 30 days at a hotel, motel, extended stay hotel or lodging establishments. The definitions in Sec. 58-26 clarify the meaning of lodging so that owners of hotels, motels, extended stay hotels or lodging establishments that provide sleeping accommodations for periods of up to 30 days clearly understand when the lodging tax must be collected. Staff recommends approval as does the head of the Convention and Visitors Bureau.
See attached ordinance.

D. Ordinance 227,21d Amending Ordinance 200,6d Adopted On June 27, 2016, Rezoning (1st reading) – Ordinance 200,6d was adopted on June 27, 2016 by the City Council amending a re-zoning from R-3 Multi-Family Residential to B-2 Business Zoning District for the property located at 1430 West US Highway 69: identified as Parcel 34-074-0220. This ordinance is amended to add the legal description for recording purposes. The Planning Commission held a public hearing on December 3, 2019 and has recommended the legal description be added for recording purposes. Staff recommends approval.
See attached draft ordinance.

E. Resolution Permitting An Agreement For Loan Of City of Albert Lea Economic Development Revolving Fund And Economic Revolving Loan Fund With Pro Trucking, Inc. – The City has an Economic Development Revolving Fund and Economic Revolving Loan Fund. The funds are used, among other things, to create and retain good jobs, leverage private investment and increase the local tax base. The City seeks to enter into an Agreement with Pro Trucking, contingent upon the project meeting criteria for funding, for:

1. The Economic Development Revolving Fund permanent loan for $100,000 for a term of seven (7) years at two and a quarter (2.25%) percent interest per annum; and
2. The Economic Revolving Loan Fund forgivable loan for $35,000 to retain the same number of jobs as presently employed on December 2019 and create and retain ten (10) additional jobs until December 13, 2024. If the current jobs are retained and the additional ten (10) jobs are created and retained through December 13, 2024, this loan is forgiven. Failure to create and retain the additional ten (10) jobs through December 13, 2024 will require the loan to be paid in full.
Staff supports approval.
See attached resolution and agreement.

F. Resolution Amending The South Broadway Urban Renewal Grant/Loan Policy – Staff proposes to change the amount of funds to be awarded to property and business owners in the South Broadway corridor for building and façade improvements. Applicants will submit proposals, cost estimates and drawings illustrating the proposed work to the building for eligible projects. The maximum grant will be up to $30,000 or a 50/50 match on the first $60,000 of total project costs. Owners will be required to give the City a permanent façade easement. Up to ten owners may be awarded funds per calendar year. This increased financial assistance provides property and business owners with a greater opportunity to revitalize buildings and thereby preserve the architectural character of the building, improve curb-appeal, and provide greater energy efficiency and compliance with relevant building standards. City staff recommends approval.
See attached resolution and policy.

XI. APPROVAL OF CLAIMS

A. Resolution Approving Contract With Councilmember Brooks – The attached resolution directs the Mayor and City Clerk to make payment in the amount of $115.75 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.
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 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.