City Council Agenda

AGENDA FOR THE REGULAR MEETING OF THE
ALBERT LEA CITY COUNCIL
City Council Chambers
7:00 p.m. – January 10, 2022

Council meetings air on Charter Communications Channel 180 in the City of Albert Lea Monday, Wednesday and Friday evenings at 7:00 p.m. and Tuesday and Thursday mornings at 9:00 a.m.

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I. CALL TO ORDER AND ROLL CALL

II. PLEDGE OF ALLEGIANCE

III. CEREMONIAL ITEMS

Proclamation Declaring Stars National Mentoring Month

IV. PUBLIC FORUM

V. CONSENT AND APPROVAL OF AGENDA

A. Approve Minutes Of The December 27, 2021 Regular Council Meeting
B. Approve Minutes Of The December 27, 2021 Work Session
C. License & Permits
D. Resolution Approving Donation of Memorial Bench To The City of Albert Lea
E. Resolution Establishing 2022 Appointments And Designations
F. Resolution Designating Depositories Of City Funds And Signatories For Withdrawal Of Funds And Authorizing Credit Card Use, Electronic Or Wire Transfers, Investment Of Municipal Funds, And Collateral Securing Deposits For 2022
G. Resolution Establishing Rules And Procedures For The City Council of Albert Lea
H. Resolution Naming Official Newspaper For 2022
I. Resolution Accepting Feasibility Report For The 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103)
J. Resolution Receiving Feasibility Report And Calling Public Hearing For The 2022 State Aid Street Overlay Project (Job 2202)
K. Resolution Granting A Variance to Primary Structure Setback Requirements
L. Resolution Authorizing FY 2026 Valley Avenue Grant Application

VI. PETITIONS, REQUESTS AND COMMUNICATIONS

VII. UNFINISHED BUSINESS

VIII. NEW BUSINESS

A. Resolution Amending Professional Services Agreement With Mead And Hunt Inc. For Task Order No. 4 & Task Order No. 5 For The Albert Lea Municipal Airport Pavement Preservation Project (Job 2205)
B. Ordinance Amending Zoning And Land Use Map From R-3 Multi-Family Residence To R-O Multi-Family Residence Office District (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: January 10, 2022
Re: January 10, 2022 City Council Meeting Report (What’s Behind It)

V. CONSENT AND APPROVAL OF AGENDA

C. Licenses & Permits –
• SIGN HANGER – Reagan Signs of Rochester

D. Resolution Approving Donation of Memorial Bench To The City of Albert Lea – The
family of Kameron W. Larsen seeks to give a donation in the amount of $2,150 for the placement of a memorial bench in Kameron’s honor. The concrete and plaque are included in this cost which is consistent with the donation policy. The location of the bench will be on or near the dock in Fountain Lake Park. Staff recommends approval.
See attached resolution.

E. Resolution Establishing 2022 Appointments And Designations – The City Charter, Section 2-182 through 2-189 identifies that the City of Albert Lea establishes annual appointments and designations. Staff has consolidated the list of appointments and designations into one document rather than approving each by resolution. Staff recommends approval.
See attached resolution.

F. Resolution Designating Depositories Of City Funds And Signatories For Withdrawal Of Funds And Authorizing Credit Card Use, Electronic Or Wire Transfers, Investment Of Municipal Funds And Collateral Securing Deposits For 2022 – The City Charter, Section 2-501 – 2-502, identifies that the City Council has the power and authority to designate at the beginning of each term of the council, the legal depositories of the city and shall require each depository to assign securities to the city to secure the deposits of the city. The attached resolution identifies that US Bank, Stifel, Moreton and the Minnesota Municipal Money Market Fund (4M Fund) are hereby designated depositories for City funds. The resolution also states that the transfer or withdrawal of funds requires the signatures of at least two of the three people identified in the resolution.
See attached resolution.

G. Resolution Establishing Rules And Procedures For The City Council of Albert Lea The attached resolution establishes rules and procedures for the City Council to follow when conducting business throughout 2022. The resolution addresses a variety of issues, including meeting times and places, role of the presiding officer, public hearings, record keeping, voting, ordinances, resolutions, motions, petitions and communications, rules for addressing the council, rules or decorum and maintenance of order. Staff recommends approval.
See attached resolution.

H. Resolution Naming Official Newspaper For 2022 – The City Charter, Section 12.01, identifies that the City Council must annually designate a legal newspaper of general circulation with the City as the official newspaper. The attached resolution would identify the Albert Lea Tribune as the City’s designated legal newspaper for matters required by law to be published. Staff recommends approval.
See attached resolution.

I. Resolution Accepting Feasibility Report For The 209th Street Bituminous Paving & Happy Trails Lane Overlay Project (Job 2103) – The attached resolution would accept a feasibility report for City Job No. 2103, the 209th Street Bituminous Paving & Happy Trails Lane Overlay Project. The time and date of the public hearing will be determined, and will be held prior to advertisement for bids as required. The proposed project involves the following work:

Happy Trails Lane Mill & Overlay and Curb & Gutter Replacement
This portion of the project involves the bituminous overlay of Happy Trails Lane from East Main Street to the south end. The project will involve milling the existing bituminous street surfacing for a 6-foot width along each concrete gutter line so the new bituminous layer will match with the level of the concrete gutter. A 2-inch thick layer of bituminous will be laid over the entire width of the street. The project would also involve replacing sections of curb and gutter that have settled and are causing drainage issues.

The City costs are for side yard credits, work in the intersections and for work along City-owned property. The sanitary sewer costs are for repairs to manholes that will be completed as part of this project and done prior to placement of the overlay. Happy Trails Lane was constructed in 1997 and has not yet been overlaid. Typically, Engineering has tried to extend the life of the roadways by performing an overlay between year 20 and 30 and every 15 to 25 years thereafter. The goal is to extend the life of the roadway to approximately a 75-year life. This is the estimated life of the underground utilities.

Bituminous Surface Installation – 209th Street
The existing surface on 209th Street is gravel. Proposed with this project is installation of a 24-ft wide bituminous surface the entire length of the street, from 777th Avenue to CSAH 38. As part of a separate project, East Main Street will have a shared user trail installed along with storm sewer and drainage improvements in the ditch along the north side of 209th Street. This work will need to be coordinated with the 209th Street project.

Assessments
There are eight total properties to be assessed as part of this project, four along Happy Trails Lane and four properties along 209th Street. The proposed assessment rate for Happy Trails Lane is $33.96/foot and $102.22/foot for 209th Street. Following the Assessment Policy, the assessments will be over 15 years. The interest rate will be based on bonding in 2022. The estimated project cost is $397,778.68 and would be paid for with assessments and general obligation bonding money. The neighborhood meeting is tentatively scheduled for Wednesday February 9, 2022. Staff recommends approval.
See attached resolution & feasibility report.

J. Resolution Accepting Feasibility Report And Calling Public Hearing For 2022 State Aid Street Mill And Overlay Project (Job 2202) – This item would accept a feasibility report and call a public improvement hearing for February 14, 2022 for City Job No. 2202. This project involves the bituminous mill & overlay and miscellaneous curb & gutter replacement on the following streets:
• Hammer Road – Bridge Avenue to Sorensen Road (CSAH 45)
• Richway Drive – Bridge Avenue to Garfield Avenue

Richway Drive from Bridge Avenue to Garfield Avenue, and Hammer Road from Bridge Avenue to the Union Pacific Railroad were constructed in 1999 and have not been overlaid. It is proposed that a 6-foot width of the existing bituminous will be milled along each concrete gutter line so the new bituminous layer will match the level of the concrete gutter. A 2-inch layer of new bituminous will then be laid over the entire width of the street. Work will also include replacing damaged or settled sections of curb & gutter in order to improve the street drainage. Since the curb & gutter is less than 25 years old, all curb & gutter work will be considered warranty work and will not be assessed in accordance with the Assessment Policy.

Hammer Road from the Union Pacific Railroad to Sorensen Road was resurfaced in 1997 and has not been overlaid since. Proposed work includes:
• Replacement of three centerline culverts
• Mill the existing bituminous surface 2” deep the entire width
• The wheel paths in some areas are more deteriorated than the rest of the pavement. These areas will be milled an additional 2” and patched.
• Place a new 2” bituminous overlay over the entire surface

The City costs are for side yard credits, work in the intersections, and for work along City-owned property. The sanitary sewer costs are for repairs to manholes that will be completed as part of this project and done prior to placement of the overlay. Typically, Engineering has tried to extend the life of the roadways by performing an overlay between year 20 and 30 and every 15 to 25 years thereafter. The goal is to extend the life of the roadway to approximately a 75-year life. This is the estimated life of the underground utilities.

The total centerline footage of the project is approximately 9,390 linear feet (1.78 miles). Other recent State Aid Street overlay areas had total centerline footages of 9,303 ft in 2018; 1,896 ft in 2015; 9,303 in 2014; and 3,941 ft in 2013.

There are 45 properties to be assessed as part of this project (16 along Hammer Road and 29 along Richway Drive). Additionally, there are nine properties along Hammer Road that are currently outside of City limits and cannot be assessed by the City. The assessments for these properties will be “Held for Future.” If any of these properties are annexed in the future, the assessments would be levied at that time. Most of the properties along Hammer Road are quite large and some would result in inordinately large assessments if the City were to follow the normal process outlined in the Assessment Policy. The City’s assessment policy is not designed for this type of property and staff is recommending an appraisal before the final assessment hearing this fall. In 2016, an appraiser determined that large agricultural lots be capped at 5% of the property’s value, and large rural residential acreages be capped at 10% of the property’s value. The current assessment role is for the entire amount following our policy but after the appraisal we believe several of these properties will be reduced consistent with how large agricultural and rural residential properties have been assessed for past projects.

Following the assessment policy, the assessments will be over 10 years. The interest rate will be based on bonding in 2022. The estimated project cost is $787,993.80 and would be paid for with assessments, held for future assessments, and Municipal State Aid Funds. Staff recommends approval.
See attached resolution.

K. Resolution Granting A Variance to Primary Structure Setback Requirements – The Board of Appeals met on January 4, 2022 to conduct a public hearing to consider a Variance application from Matthew Johnson to allow a 12 ft. x 19 ft. garage addition (primary structure) within the required side yard setback. The existing garage is set back five feet from the west property line, or side yard, which creates a non-conformity as the required side yard setback from a primary structure is 8ft. The proposed addition will continue along the same setback without increasing the severity. The Board of Appeals found that the property met the legal standards set forth by MN Statute 462.357 which includes a practical difficulty in regards to the existing non-conforming side yard setback which was not created by the applicant. The Board of Appeals recommends approval.
See attached resolution.

L. Resolution Authorizing FY 2026 Valley Avenue Grant Application – This resolution authorizes staff to apply for Federal Surface Transportation Funds for fiscal year 2026 via the Minnesota Department of Transportation. The proposed project is a complete reconstruction project of Valley Avenue from Johnson Street to Hawthorne Street. Proposed work includes removal and replacement of the street pavement, curb & gutter, sidewalk, storm sewer, sanitary sewer, and watermain. Staff recommends approval.
See attached resolution.

VIII. NEW BUSINESS

A. Resolution Amending Professional Services Agreement with Mead and Hunt Inc. For the Albert Lea Municipal Airport Pavement Preservation Project (Job 2205) – In January 2016, the City entered into a Professional Service Agreement with Mead & Hunt, Inc. This resolution would amend the agreement to include Task Order No. 4, Task Order No. 5 and extend the agreement until December 31, 2022. Task Order No. 4 and Task Order No. 5 involve a pavement preservation project for all bituminous pavement surfaces at the airport. Because the cross-wind runway will not be eligible for Federal funding the tasks were broken up into two tasks, Task Order No. 4 (Federally eligible) and Task Order No. 5 (State Aid eligible only). The estimated project cost of Task Order No. 4 and Task Order No. 5 is $79,792.50 with the
Federal portion being estimated at approximately $57,349.80 (72%), the State portion being estimated at $14,435.45 (18%), and the City portion being estimated at approximately $8,007.25 (10%). The Task Orders would be time and materials not to exceed. Federal and State grants will be awarded late spring or summer and construction would be completed before October 31, 2022. Staff recommends approval.
See attached resolution and ?

B. Ordinance Amending Zoning And Land Use Map From R-3 Multi-Family Residence To R-O Multi-Family Residence Office District (1st reading) – A request was made to re-zone 209 9th Avenue North from R-3 Multi-Family Residence District to R-O Multi-Family Residence Office District. The purpose of the R-3 Multi-Family Residence District is to assist in the maintenance and development of desirable residential neighborhoods characterized by high-density development. The most recent use of the subject property has been a dental office (prior to that a church), not high density residential, which creates a non-conforming use. Additionally, the current R-3 zoning is inconsistent with surrounding areas and could be considered spot zoning. Approving the proposed re-zone would eliminate both of those issues. The Planning Commission conducted a public hearing in regard to the proposed re-zoning on January 4, 2022 and recommends approval.
See attached 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 Treasurer to make payment in the amount of $748.93 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.
(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.