City Council Agenda

AGENDA FOR THE REGULAR MEETING
OF THE ALBERT LEA CITY COUNCIL

City Council Chambers
March 23, 2020 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 March 9, 2020 Regular Council Meeting
B. Approve Minutes Of The March 9, 2020 Work Session
C. Approve Minutes Of The March 17, 2020 Special Meeting Minutes
D. Licenses & Permits (See Attached List)
E. Resolution Approving Preliminary And Final Plat Of Wedgewood Cove EstatesNo. 1
F. Resolution Approving A Lot Division Through A Certificate Of Survey
G. Resolution Granting Variance To Billboard Sign Setbacks
H. Resolution Approving State of Minnesota Joint Powers Agreement On Behalf of Its Police Department Regarding Minnesota Internet Crimes Against Children TaskForce (ICAC)
I. Resolution Approving Plans And Specifications And Ordering of Bids For Newton Avenue And College Street Parking Lot Reconstruction Project (Job 2052)
J. Resolution Approving Payment And Trade Of Parks Department Tractor (Unit 588Replacement)
K. Resolution Supporting Bonding Request For Reconstruction of Runway 2/20 At The Rochester International Airport (RST)
L. Declare Hometown Pride Clean-up Day On April 25, 2020 From 9AM to 12PM
M. Approve Donation Of Community Band Sign To The Freeborn County HistoricalSociety

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

VII. UNFINISHED BUSINESS

A. Ordinance 20-229 Amending Chapter 42, Article II – Docks, Sections 42-31Through 42-38 (2nd Reading)
B. Resolution Permitting Publication Of Ordinance Summary 20-229 Amending Chapter 42, Article II – Docks, Section 42-31 Through 42-38
C. Ordinance 20-230 Amending Zoning And Land Use Map For Property Annexed From Bancroft Township (2nd Reading)
D. Resolution Acknowledging Municipal Boundary Adjustment – Bancroft Township

VIII. NEW BUSINESS

A. Ordinance 20-231 Amending Albert Lea City Code Chapter 74, Article III, Section74-537 (B-3) Off-Street Parking And Loading (1st reading)
B. Ordinance 20-233 Amending Chapter 74, Article III, Section 74-985 (DCD) Off-Street Parking and Loading(1st reading)
C. Ordinance 20-234 Amending Zoning and Land Use Map From IDD InterstateDevelopment District To I-1 Limited Industrial District for Property Located At 951W. Plaza Street (1st reading)
D. Ordinance 20-235 Amending Zoning and Land Use Map From IDD InterstateDevelopment District To I-1 Limited Industrial District for Property Located At 97 1W. Plaza Street (1st reading)
E. Ordinance 20-236 Amending Zoning and Land Use Map From B-2 CommunityBusiness District to I- 1 Limited Industrial District For Property Located At 2320Main Street East, Outlot 1 and Outlot 2 (1st reading)
F. Ordinance 20-237 Amending Zoning and Land Use Map From B- 2 CommunityBusiness District To I-1 Industrial District For Property At 77847 209th Street (1streading)
G. Ordinance 20-238 Amending Zoning and Land Use Map From B-2 CommunityBusiness District To I-2 Industrial District For Property At 77893 209th Street (1streading)
H. Ordinance 20-239 Amending Zoning And Land Use Map From B-2 CommunityBusiness District to I- 1 Limited Industrial District For Property Identification Number34.247.0520 (1st reading)
I. Ordinance 20-240 Amending Zoning And Land Use Map From B-2 Community Business District To I- 1 Limited Industrial District For Property Identification Number 34.247.0530 (1st reading)
J. Ordinance 20-2 41 Amending Zoning And Land Use Map From R-1 Single Family Residence District To I- 1 Limited Industrial District For Property At 2235 SE Marshall Street, Parcel A – (1st reading)
K. Ordinance 20-242 Amending Zoning And Land Use Map From B-2 Community Business District To I-1 Limited Industrial District For The Property At 403 Prospect Avenue

IX. MAYOR AND COUNCIL REPORTSX.CITY MANAGER REPORTXI. 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: March 23, 2020
Re: March 23, 2020 City Council Meeting Report (What’s Behind It)

V. CONSENT AND APPROVAL OF AGENDA
D. Licenses & Permits – See attached list.

E. Resolution Approving Preliminary And Final Plat Of Wedgewood Cove Estates No. 1 WWC Estates, LLC made application for a preliminary and final (re-plat) of Wedgewood Cove Estates No. 1. The property was originally platted in August of 2008 and since that time several amendments to the original development standards have been made. The purpose of the re-plat is to establish larger lots and additional building space. No changes will be made to properties in private ownership, existing easements, right-of- way designations, open spaces or common areas. The Planning Commission held a public hearing on December 5, 2019 and recommends approval.
See attached resolution and exhibit.

F. Resolution Approving A Lot Division Through A Certificate Of Survey – Duane Carlson owns the property at 2235 SE Marshall Street. The property owner wishes to separate the parcels through a Certificate of Survey to allow for additional building space. Exhibit A is attached to depict the property as is current. Exhibit B is attached to depict the property after it is subdivided into a separate parcel. Staff recommends approval.
See attached resolution and exhibit.

G. Resolution Granting Variance To Billboard Sign Setbacks – The Board of Zoning Appeals met on March 23, 2020 to conduct a public hearing to consider a variance request from E Family LLC, 2211 Main Street East. The applicants have proposed moving a billboard to allow for private development. The zoning relief requested is a 282.4 ft. setback between billboard signs in lieu of the 300 feet required by City Code. The Board of Appeals found that the request does not add to the size or amount of signage in the area and that moving the billboard will not change the characteristics of the area. Staff recommends approval.
See attached resolution and exhibit.

H. Resolution Approving State of Minnesota Joint Powers Agreement With The City Of Albert Lea On Behalf of Its Police Department Regarding Minnesota Internet Crimes Against Children Task Force (ICAC) – The Internet Crimes Against Children Task Force Program (ICAC) helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and Internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education.
See attached resolution and exhibit.

I. Resolution Approving Plans And Specifications And Ordering Advertisement of Bids For Newton Avenue And College Street Parking Lot Reconstruction Project (Job 2052) – On March 9, 2020, the City Council authorized proceeding with City Job No. 2052. The project will involve the removal of the existing bituminous pavement, regrading of the existing aggregate base, and paving of the new bituminous surface. New sign posts, spot aggregate base reconstruction and spot concrete sidewalk replacement will also take place where warranted. 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 April 21, 2020. Staff recommends approval of Plans & Specifications and authorization to bid the project.
See attached resolution.

J. Resolution Approving Payment and Trade of Parks Department Tractor (Unit 588 Replacement) – In January of 2019, the City Council approved Resolution 19-017 authorizing the replacement of Unit 588, a Kubota tractor used for mowing and ice rink maintenance. The replacement unit selected by staff was a John Deere 5090M. The tractor was presented by the dealership as a comparable replacement in size, power and function as the unit being replaced. Upon delivery of the 5090M, staff rejected the unit as it was considerably larger than the unit being replaced and would not appropriately meet the needs of the department. The dealer, Kibble Equipment agreed to offer full credit for the original purchase against the cost of another tractor that would meet the City’s needs. However, the purchase of the 5090M must be completed to satisfy the contract pricing used to secure the government discount. The tractor will then be received on trade by the dealership as credit towards the replacement tractor. This resolution authorizes staff to complete the purchase of the 5090M, trade it back to the dealership, and continue with the purchase of the correct replacement tractor. Staff recommends approval.
See attached resolution.

K. Resolution Supporting Bonding Request for Reconstruction Of Runway 2/20 At The Rochester International Airport (RST) – The attached resolution would support funding for reconstruction, extension and instrument approach improvements on Runway 2/20, which has reached the end of its useful life. The Rochester Airport serves as an important gateway for their global healthcare system. The Southeastern Minnesota League of Municipalities (SEMLM) voted in January to support this bonding bill project for the benefit of all in southeast Minnesota. Staff recommends approval.
See attached resolution.

L. Declare Hometown Pride Clean-up Day On April 25, 2020 From 9AM to 12PM Hometown Pride Clean-up Day for residents will be held from 9am-12pm on Saturday, April 25, 2020 at the City of Albert Lea Transfer Station and Demolition Landfill. The clean-up day provides the opportunity for residents to haul one load to the Transfer Station and to dispose of most items free of charge, or at reduced rates on certain items. No commercial garbage will be accepted. Proof of City residency will be required. The reduced rates on clean-up day from 9am-12pm will be:
Free brush/yard waste
Free Household Garbage
Free Demolition Debris
$10.00 per Appliance/Sofa/Mattress
$5.00 per Furniture Piece
$3.00 per Passenger Car Tire; and Regular Rate for all others
Regular Rates on rims, & e-waste
Waste Management has pledged a contribution to the event. The day is an extremely busy day for the Transfer Station and Council has volunteered their time in the past to help direct residents and assist with large loads. The event may be cancelled if COVID 19 virus policies are still in place. Staff recommends approval.
No attachment for this item.

M. Approve Donation Of Community Band Sign To The Freeborn County Historical Society – The City has been in possession of a large wood sign with the words “Community Band” on it. The sign was displayed in one of the parks or carried by a band during performances. The sign was salvaged during a demolition project and has been in a City workshop for many years. The Freeborn County Historical Museum was contacted and they graciously offered to accept the sign as a donation. If donated, the sign will be displayed at the museum. Staff recommends a motion to approve donating the salvaged sign to the Historical Society.
No attachment for this item.

VII. UNFINISHED BUSINESS
A. Ordinance 20-229 Amending Chapter 42, Article II – Docks, Sections 42-31 Through 42-38 (2nd reading) – The City enacted the dock ordinance to regulate the use and placement of docks, moorings, and other fixed or floating structures in public waters in order to promote the full use, safety and enjoyment of Fountain Lake. The amendment provides enhanced definitions and clarifies the process for issuing dock permits to both property owners abutting the lakeshore and community members at large. Property owners with title to property abutting the lakeshore, also known as riparian property owners, will have the right of first refusal for the dock space tied to riparian properties. Property owners with title to multiple riparian properties may be issued one dock per riparian property. Whereas members of the same household and/or owners of the same property will be issued only one permit. All permit holders from the preceding year may renew their dock permits between March 1 and April 1. All remaining dock permits and/or dock permits, that were not timely renewed, will be made available to the community starting on April 16 at 6:00 a.m. No applications for dock permits will be accepted between April 2 and April 15. Applications and renewal for a dock permit must be submitted to the Recreation Office during the times provided and shall be accompanied by the current fee schedule and a certificate of insurance naming the City as an additional insured, and demonstrating a policy of maximum liability pursuant to Minn. Stat. 466.04. Staff recommends approval of the second reading.
See attached final ordinance.

B. Resolution Permitting Publication Of Ordinance Summary 20-229 Amending Chapter 42, Article II – Docks, Section 42-31 Through 42-38 – An Ordinance Summary may be published if they reasonably inform the public of the effect and intent of the Ordinance. Summaries fulfill all legal requirements as if the entire summarized matter had been published and also directs the public how to obtain the complete Ordinance. The effective date of enactment of this ordinance regulating use and placement of docks will be March 23, 2020. This must pass by a four-fifths vote by Council. Staff recommends approval.
See attached resolution and ordinance summary.

C. Ordinance 20-230 Amending Zoning And Land Use Map For Property Annexed From Bancroft Township (2nd Reading) – The first reading of the ordinance was held at the March 9th City Council meeting. The second reading would finalize an amendment to the Zoning and Land Use Map for property annexed from Bancroft Township. Staff recommends approval.
See attached final ordinance.

D. Resolution Acknowledging Municipal Boundary Adjustment – Bancroft Township – At the council meeting of March 9, 2020, Ordinance 20-228 was adopted by the City of Albert Lea for designation and immediate annexation of certain real property located in Bancroft Township. On March 17, 2020 the Order Approving Annexation was received from the State of Minnesota, Office of Administrative Hearings (MBAU Docket A-8255). Staff approves the proposed annexation as outlined in the attached resolution.
See attached resolution and exhibit.

VIII. NEW BUSINESS
A. Ordinance 20-231 Amending Chapter 74, Article III, Section 74-537 Off-Street Parking And Loading (1st reading) – Attached are two ordinance amendments to the B-3 (Central Business District) and the DCD (Diversified Central District) off-street parking requirements. Currently, there are several properties in the B-3 and the DCD that do not provide off-street parking because their building covers the entire lot, which is a common characteristic of downtown areas. The ordinance

amendment as drafted would allow for a parking waiver of up to 100% of the required off-street parking based on the locality of public parking, shared parking, as well as on-street parking options. As written, the waiver would be an approval handled at the Council level. Staff recommends approval.
See attached ordinance.

B. Ordinance 20-233 Amending Chapter 74, Article III, Section 74-985 Off-Street Parking and Loading (1st reading) – The background information for the above ordinance would also apply to the Diversified Central District (DCD) Off-Street Parking and Loading, which again, is an approval handled at Council level.
See attached ordinance.

REZONING OF VARIOUS PARCELS
In February 2020 the Planning Commission discussed re-zoning various parcels in part of a broad planning and development discussion and also because some of the below mentioned parcels are incompatible with the surrounding area. The Planning Commission held a public hearing on March 11, 2020 and recommends approval of rezoning the following parcels:

C. Ordinance 20-234 Amending Zoning And Land Use Map From IDD Interstate Development District To I-1 Limited Industrial District For Property Located At 951 W. Plaza Street – These parcels were developed as IDD even though there are actually along Plaza Street. In addition, all of the contiguous properties are zoned I-
C.1. This rezone works to remedy existing non-conformities in that both properties provide outdoor storage that is not screened which is not allowed in B-2 zones but would in allowed in I-1 zoning.
See attached.

D. Ordinance 20-235 Amending Zoning And Land Use Map From IDD Interstate Development District To I-1 Limited Industrial District For Property Located At 971 W. Plaza Street – These parcels were developed as IDD even though there are actually along Plaza Street. In addition, all of the contiguous properties are zoned I-1. This rezone works to remedy existing non-conformities in that both properties provide outdoor storage that is not screened which is not allowed in B-2 zones but would in allowed in I-1 zoning.
See attached.

E. Ordinance 20-236 Amending Zoning And Land Use Map From B-2 Community Business District to I-1 Limited Industrial District For Property Located At 2320 Main Street East – Rezoning these parcels would lessen the development standards required for buildings and landscaping which is important for large parcels of land that could potentially attract larger developments. Please note, only the portions of property to the south of the red line will be re-zoned to I-1. The northern portions of property that abut Main Street will remain B-2.
See attached.

F. Ordinance 20-237 Amending Zoning And Land Use Map From B-2 Community Business District To I-2 Industrial District For Property Located At 77847 209th Street (1st reading) – The purpose of this rezoning would be to unify the area; all of the surrounding parcels are zoned I-2 which suits an area that is home to trucking companies and the like.
See attached.

G. Ordinance 20-238 Amending Zoning And Land Use Map From B-2 Community Business District to I-2 Industrial District For Property At 77893 209th Street (1st reading) – These parcels will abut (if not for a road) the Sanco/Syverson area that is also being rezoned to I-1 and will benefit from the same zoning which lessens development standards required for buildings and landscaping.
See attached.

H. Ordinance 20-239 Amending Zoning And Land Use Map From B-2 Community Business District to I-1 Limited Industrial District For Property Identification Number 34.247.0520 (1st reading) – These parcels will abut (if not for a road) the Sanco/Syverson area which is also being rezoned to I-1 and will benefit from the same zoning which lessens development standards required for buildings and landscaping.
See attached.

I. Ordinance 20-240 Amending Zoning And Land Use Map From B-2 Community Business District To I-1 Limited Industrial District For Property Identification Number 34.247.0530 (1st reading) – Again, these parcels will abut (if not for a road) the Sanco/Syverson area which is also being rezoned to I-1 and will benefit from the same zoning which lessens development standards required for buildings and
landscaping.

J. Ordinance 20-241 Amending Zoning And Land Use Map From R-1 Single Family Residence District To I-1 Limited Industrial District For Property At 2235 SE Marshall Street – Parcel A (1st reading) – The property owner of Parcel A has applied for a lot division so that parcel ‘A’ could be re-zoned to I-1 along with the properties to the East. The nature of this area is more in line with industrial uses.
See attached.

K. Ordinance 20-242 Amending Zoning And Land Use Map From B-2 Community Business District To I-1 Limited Industrial District For The Property At 403 Prospect Avenue – These parcels will abut (if not for a road) the Sanco/Syverson area which is also being rezoned to I-1 and will benefit from the same zoning which lessens development standards required for buildings and landscaping.
See attached.

XI. APPROVAL OF CLAIMS
A. Resolution Approving Contract With Councilmember Al D. Brooks – The attached resolution directs the Mayor and City Clerk to make payment in the amount of $299.29 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 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.