|
WEDNESDAY,
JULY 7, 2010, CITY COUNCIL MEETING MINUTES
WEDNESDAY, JULY 14, 2010, SPECIAL CITY COUNCIL MEETING MINUTES
WEDNESDAY,
JULY 21, 2010, CITY COUNCIL MEETING AGENDA
WEDNESDAY, JULY 21, 2010, CITY COUNCIL MEETING MINUTES
NOTICE OF ALBANY CITY COUNCIL MEETING
There will be a
meeting of the City Council in and
for the City of Albany, Stearns County, Minnesota at
6:30 o’clock in the evening
on Wednesday, July
7, 2010, in the
Council Room at 400 Railroad Avenue for the said City.
AGENDA
1.
Convene meeting
2.
Audit Bills
3.
Act on regular
Council minutes of the meeting held on June 16th
4.
Open Forum/Public comments
5.
Kris Schiffler, Shady’s Inc., (Caterer’s Permit) - request
approval for the sale of liquor for the annual 3-day softball
tournament held in the North Park in July.
6.
Planning Commission recommendation
-
Dale Overman, Freeport Recycling, Inc., - conditional use
permit application
-
Tani Division, Inc., - site plan application for proposed
building expansion
(Stan Hanson, City Engineer)
7.
Public Hearing to consider proposed vacation of two alleys as
dedicated in Haberman’s First Addition to Albany and Schulte’s 2nd
Addition to Albany.
- Resolution 2010-20 Vacating Alley
Right of Way
8.
Stan Hanson, City Engineer – pay application 2009 and 2010
Capital Improvement Projects and related update on
construction/schedule
9.
Joseph Mergen, Public Works Supervisor
10.
Daron Gersch, Utility Department and Community Education
Liaison
11.
Dennis Sand, Park Department, and Equipment
12.
Tom Kasner, Fire Department and EDA
13.
Jack Evens, Albany Golf Club - present golf club check
register and recommendation for approval.
14.
John Greer, Police and Street Department
15.
James Stueve, Police Chief
16.
Tom Schneider, Clerk/Adm – present applicants for the Park
Board vacancy
17.
Mayor’s announcements and letters
18.
Announce meeting date (July 21st) and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JULY 7, 2010, CITY COUNCIL MEETING MINUTES
Pursuant to due
call and notice thereof a regular meeting of the Council in and for
the City of Albany, Stearns County, Minnesota, was called to order
by Mayor Dennis Sand at 6:30 o’clock in the evening on Wednesday,
July 7, 2010, in the Council Room at 400 Railroad Avenue for the
said City.
Other Council members present were: John
Greer, Daron Gersch, Jack Evens, and Tom Kasner. None were absent.
Also present
were: Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works
Supervisor, James Stueve, Police Chief, Mike Kosik, Editor, Stearns
Morrison Enterprise, Stan Hanson, City Engineer, with the firm of
Bonestroo, St. Cloud, MN.
After due
discussion, a motion was made by John Greer and seconded by Tom
Kasner to authorize the payment of the following
bills: Check Numbers 60484 to 60526 and 13633 to 13662. All
voted for the motion and it carried.
Mayor Dennis
Sand called for any corrections or additions to the minutes of the
regular meeting held on June 16th and hearing none declared them
approved.
Jason Wohletz,
Manager of the Albany Softball Association, appeared before the
Council to request a 3-day temporary on-sale liquor license for the
annual softball tournament to be held on July 23rd – 25th
at the softball field in the North Park. Mr. Wohletz noted that
Kris Schiffler will provide catering services which include food and
beverages for the event on behalf of the association. Mr.
Schiffler informed the Council that he has a Caterer’s Permit
approved by the State of Minnesota. Mr. Schneider informed the
Council that the Albany Lions and Albany Jaycees declined the
opportunity to sell beverages at the event. After due discussion, a
motion was made by Daron Gersch and seconded by Jack Evens to
approve the aforementioned license. All voted for the motion and it
carried.
Bryan Schiffler,
owner of Tani Division, Inc., was present for the meeting.
Councilor John
Greer, Planning Commission Liaison, informed the Council that a
public hearing was held before the Planning Commission on July 6th;
whereby the Planning Commission approved a request
by Dale Overman (renter), 34658 225th
Avenue (Tani Division, Inc.-Landlord), Albany, MN, for a conditional
use permit to conduct a new recycling business within a Highway
Commercial (C2) Zone. Mr. Greer informed the Council that the new
business collects the following materials, but not limited to
computers, television monitors, scanning equipment, printers
(E-Waste) in addition to aluminum, copper, stainless steel and other
miscellaneous metals and no outside storage of the aforementioned
materials will be permitted. After due discussion, a motion was
made by John Greer and seconded by Tom Kasner to approve the request
by Dale Overman, 34658 225th Avenue (Tani Division,
Inc.-Landlord), Albany, MN, for a conditional use permit to conduct
a new recycling business within a Highway Commercial (C2) Zone
subject to the condition that there be no outside storage of
materials that have been collected at the site related to recycling.
All voted for the motion and it carried.
Councilor John
Greer also informed the Council that a the Planning Commission on
July 6th reviewed and approved with conditions a proposed
site plan (grading and drainage)
prepared by Duffy Engineering, St.
Cloud, MN, relating to a building expansion of 6,000 square feet for
Tani Division, Inc., 34658 225th Avenue. Mr. Hanson
appeared before the Council to discuss the proposed site plan
related to the building expansion. Mr. Hanson noted that the
proposed site for the expansion is already impervious and the
expansion will not create any additional impervious areas.
After due discussion, a motion
was made by Tom Kasner and seconded by Daron Gersch to approve the
site plan (grading and drainage)
subject to the following:
1.
The storm water runoff is being routed to a proposed sediment
pond via overland grass swale to the southeast corner of the site to
provide water quality treatment. The proposed location is located
right next to the adjacent property owner. All excavation will need
to occur within the property boundary.
2.
The pond will need to be constructed with an overflow that
discharges on the owner’s property. It recommended that the
overflow be stabilized with the appropriate Best Management
Practices (BMP’s).
3.
It is recommended that if the sub-grade soil conditions on
the site are conducive to infiltration, that the topsoil be modified
in the grass swale and ponding area to allow infiltration.
4.
As-built site plan shall be submitted to the City after
construction has been completed.
5.
A landscape plan shall be provided on the final site plan.
6.
Any exterior lighting shall conform to Ordinance 80.13 of the
Albany City Code.
All voted for the motion and it
carried.
Patricia Winter, 1011 6th
Street, was present for the meeting.
Pursuant to due notice,
at 6:45 PM, Mayor Dennis Sand called the public hearing into session
on a petition for vacation of two alleys pursuant to Minn. Stat.
505.14 and 412.851. Mayor Dennis Sand informed the Council that the
said alleys are in the following plats named Haberman’s First
Addition to Albany and Schulte’s 2nd Addition to Albany
and are legally described in the notice of the public hearing. No
written comments were received. Mr. Schneider informed the Council
that a permanent drainage and utility easement will remain over,
under, and across that alley described in the Haberman’s First
Addition to Albany lying the north and south.
Mayor Dennis Sand closed the public hearing at 6:50 PM. After
due discussion, a motion was made by Tom Kasner who introduced the
following and moved its adoption:
RESOLUTION NO. 2010-20
A RESOLUTION VACATING ALLEY RIGHT OF
WAY
The motion for the foregoing
Resolution was seconded by Jack Evens and after a full discussion
thereon and upon a vote being taken thereon, the following voted in
favor thereof: Mayor Dennis Sand, Councilors Tom Kasner, Jack
Evens, Daron Gersch, and John Greer and none voted against the same;
whereupon the said Resolution was declared duly passed and adopted.
The full text of the said Resolution is on file at the office of the
City Clerk/Administrator for public inspection during normal office
hours.
Mr. Hanson presented to the Council pay application number six for the
2009 Golf View and Fairway Drive Improvements submitted by Larson
Excavating,
Holdingford,
MN. After
due discussion and upon the recommendation by the City Engineer, a
motion was made by Daron Gersch and seconded by Tom Kasner to
approve said pay application in the amount of $92,065.70. All voted
for the motion and it carried.
Mr. Hanson also presented to the Council pay application number one for
the 2010 Capital Improvement Projects submitted by R.L. Larson
Excavating, St. Cloud, MN. After due discussion and upon the
recommendation by the City Engineer, a motion was made by Jack Evens
and seconded by John Greer to approve said pay application in the
amount of $173,069.41. All voted for the motion and it carried.
Ed Adelman,
641 6th Street, appeared before the Council to discuss issues related to a leak in his
home which resulted in a higher than normal water bill compared to
past history. Mayor Dennis Sand, with the consensus of the
Council, directed Mr. Schneider to prepare a payment schedule
agreeable with Mr. Adelman to bring his water bill current over a
short period of time.
Mayor Dennis Sand informed the Council that the only applicant to respond
to the notice in the newspaper for a board position on the City’s
Park Board was Scott Daninger,
701 1st Avenue. Mr. Sand noted that the position became open when Ryan Scherping
resigned due to his employment and that the term will end on
December 31, 2011. After due discussion, a motion was made by Mayor Dennis Sand and
seconded by Daron Gersch to appoint Scott Daninger to the City’s
Park Board for the term ending December 31, 2011. All voted for
the motion and it carried.
Councilor Jack Evens, Albany Golf Club Liaison, presented to the
Council the
said Club’s Checkbook Register for review and consideration. After
due discussion, a motion was made by Jack Evens and seconded by John
Greer to authorize the payment of the following bills: Check Numbers
33819 to 34005. Voting for the motion were Councilors Daron Gersch,
Jack Evens, and
John Greer
and none voted against. Mayor Dennis Sand and Councilor Tom Kasner
abstained and the motion carried.
Mayor Dennis Sand noted the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, July 21, 2010 and adjourned the meeting at 7:45 PM.
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JULY 14, SPECIAL CITY COUNCIL MEETING MINUTES
Pursuant to due
call and notice thereof a special meeting of the Council in and for
the City of Albany, Stearns County, Minnesota, was called to order
by Mayor Dennis Sand at 6:00 o’clock in the evening on Wednesday,
July 14, 2010, in the Council Room at 400 Railroad Avenue for the
said City.
Other Council members present were: John
Greer, Daron Gersch, and Tom Kasner. Councilor Jack Evens absent.
Also present
were: Tom Schneider, Clerk/Adm., Susan Kadlec, City Attorney, James
Stueve, Police Chief, John Peternell, 1241 Co. Rd. #10, Bryan
Schiffler, 34658 225th Avenue, and Dan Tomsche, 790 Co.
Rd. 41.
Mayor Dennis
Sand opened the meeting relating to allegations of misconduct
brought against Chief James Stueve by members of the Albany Police
Department. Ms. Kadlec advised the Council that the discussion
should occur at a closed meeting under Minn. Stat. 13D.05, Subd.
2(b) unless the subject requested that it be open. Chief Stueve
confirmed his request that the meeting be open. Ms. Kadlec
summarized the allegations and recommendation for discipline based
on her investigation and review of the City’s Police Policy and
Procedure Manual. After due discussion, a motion was made by John
Greer and seconded by Tom Kasner to accept the report submitted by
Ms. Kadlec and concur with her recommendation for discipline. All
voted for the motion and it carried.
Mayor Dennis Sand adjourned the
meeting at 6:35 PM.
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JULY 21, 2010, CITY COUNCIL MEETING AGENDA
There will be a
meeting of the City Council in and
for the City of Albany, Stearns County, Minnesota at
6:30 o’clock in the evening
on Wednesday, July
21, 2010, in the
Council Room at 400 Railroad Avenue for the said City.
AGENDA
1.
Convene meeting
2.
Audit Bills
3.
Act on regular
Council minutes of the meeting held on July 7th and 14th
4.
Open Forum/Public comments
5.
Ervin Bueckers, Bueckers Environmental Services, Inc. -
request to transfer refuse contract
6.
Stan Hanson, City Engineer – present resolution between MN
DOT and the City relating to proposed Railroad Avenue/HWY 238
Improvements
- project updates
7.
Joseph Mergen, Public Works Supervisor
8.
Daron Gersch, Utility Department and Community Education
Liaison
9.
Dennis Sand, Park Department, and Equipment
10.
Tom Kasner, Fire Department and EDA
11.
Jack Evens, Albany Golf Club – ratify officers elected to
Board at annual stockholder’s meeting
12.
John Greer, Police and Street Department
13.
James Stueve, Police Chief - update on Heritage Day
activities
14.
Tom Schneider, Clerk/Adm – present petition for annexation,
less than one (1) acre by John and Mary Luethmers and related
resolution for orderly annexation.
- present proposed development
application and related fees as per the recommendation from the
Planning Commission.
15.
Mayor’s announcements and letters
16.
Announce meeting date (August 4th) and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JULY 21, 2010, CITY COUNCIL MEETING MINUTES
Pursuant to due
call and notice thereof a regular meeting of the Council in and for
the City of Albany, Stearns County, Minnesota, was called to order
by Mayor Dennis Sand at 6:30 o’clock in the evening on Wednesday,
July 21, 2010, in the Council Room at 400 Railroad Avenue for the
said City.
Other Council members present were: John
Greer, Jack Evens, and Tom Kasner. Councilor Daron Gersch arrived
at 6:35 PM. None were absent.
Also present
were: Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works
Supervisor, James Stueve, Police Chief, Mike Kosik, Editor, Stearns
Morrison Enterprise, Stan Hanson, City Engineer, with the firm of
Bonestroo, St. Cloud, MN.
After due
discussion, a motion was made by Tom Kasner and seconded by Jack
Evens to authorize the payment of the following
bills: Check Numbers 60527 to 60559 and 13663 to 13676. All
voted for the motion and it carried.
Mayor Dennis
Sand called for any corrections or additions to the minutes of the
regular meeting held on July 7th and July 14th and
hearing none declared both approved.
Councilor Daron
Gersch arrived for the meeting.
Ervin Bueckers,
owner of Bueckers Recycling Center, New Munich, and Pam Nissen,
Bueckers City Sanitation, were present for the meeting.
Mr. Bueckers
appeared before the Council to inform the Council that his new
company name is Bueckers Environmental Service, Inc., dba Bueckers
City Sanitation which will acquire Bueckers City Sanitation on or
before September 1, 2010. Mr. Bueckers noted that he is 100% owner
of Bueckers Environmental Service, Inc. and requested that the
Council approve the transfer of the refuse agreement between the
City of Albany and Bueckers City Sanitation to Bueckers
Environmental Service, Inc. Councilor John Greer informed Mr.
Bueckers that the said agreement prevents him from selling
controlling interest of Bueckers Environmental Service, Inc., to any
other owner without the consent of the City. Mr. Bueckers informed
the Council that he understood the assignment language in the refuse
agreement. After due discussion, a motion was made by Jack Evens
and seconded by Tom Kasner to approve the assignment of the Refuse
Agreement between the City of Albany and Bueckers City Sanitation to
Bueckers Environmental Service, Inc. effective September 1, 2010
through December 31, 2016. All voted for the motion and it carried.
Deb Sabrowsky,
400 7th Street, appeared before the Council to question
if the City charges contractors for water use when drawing water
from City hydrants. Mr. Mergen noted that contractors are being
billed for water use taken from hydrants and if large amounts are
requested, the City does have a meter that will be installed on the
hydrant.
Scott Daninger
and Kelcee Daninger, 701 1st Avenue, were present for the
meeting.
Mr. Hanson
appeared before the Council to update the Council on proposed
Railroad Avenue Improvements (State Hwy #238). Mr. Hanson noted
that the proposed improvements in nearly $2 million dollars and
application will be made to the Minnesota Department of
Transportation (MN DOT) for cost participation of nearly $1 million
dollars through the Local Initiative Project Development process as
identified in the preliminary engineering cost estimate report.
Mr. Hanson presented to the Council the project schedule which may
have funding available in 2012 or 2013.
After due discussion, a motion was
made by John Greer who introduced the following and moved its
adoption:
RESOLUTION NO. 2010-22
RESOLUTION AUTHORIZING AN AGREEMENT
PROJECT WITH
THE MINNESOTA DEPARTMENT OF
TRANSPORTATION
FOR WORK ON AND/OR ADJACENT TO A
TRUNK HIGHWAY
The motion for the foregoing
Resolution was seconded by Daron Gersch and after a full discussion
thereon and upon a vote being taken thereon, the following voted in
favor thereof: Mayor Dennis Sand, Councilors Tom Kasner, Jack
Evens, Daron Gersch, and John Greer and none voted against the same;
whereupon the said Resolution was declared duly passed and adopted.
The full text of the said Resolution is on file at the office of the
City Clerk/Administrator for public inspection during normal office
hours.
Mr. Hanson also
updated the Council on the progress of construction for the 2010
Capital Improvements and noted that Mr. Daninger residing along 7th
Street and 1st Avenue has offered the City the
opportunity to construct a rain garden along the boulevard in front
of his home if the Council were to approve his request. Mr. Hanson
presented information and cost estimate relating to rain gardens
including others that have been constructed in nearby communities.
Mr. Hanson noted that a rain garden acts as a filtration system
improvement for water quality of storm water which at this location
basically will flow into the North Lake. After due discussion, a
motion was made by Daron Gersch and seconded by John Greer to
authorize the construction of a rain garden at 701 1st
Avenue as a pilot project to be included in the aforementioned
improvements. All voted for the motion and it carried.
Mr. Mergen
informed the Council that he received two bids for the cleaning of
the storm water holding pond at 1201 Shamrock Lane and recommended
that the low bid received from Lange Trenching be approved. After
due discussion, a motion was made by Tom Kasner and seconded by
Daron Gersch to approve the low bid from Lange Trenching, Inc.,
Avon, MN, in the amount of $2,000 to clean out the aforesaid storm
water holding pond. All voted for the motion and it carried.
Councilor Jack
Evens, Albany Golf Club Liaison, informed the Council that the
following individuals were elected for a three-year term to the
Board of Directors at the annual stock holders meeting held on July
12th at the Golf Club: Craig Baggenstoss, Steve Gretsch,
and Frank Osendorf. After due discussion, a motion was made by Jack
Evens and seconded by John Greer to ratify the election results of
the aforementioned individuals to the Albany Golf Club Board of
Directors. Voting for the motion were Mayor Dennis Sand, Councilors
Jack Evens, Daron Gersch, and John Greer and none voted against.
Councilor Tom Kasner abstained and the motion carried.
Mr. Schneider
updated the Council on the annual Heritage Day activities to be held
on Saturday, July 31st. Mr. Stueve informed the Council
that he has attended committee meetings for the activities and noted
that all is in order.
Mr. Schneider
informed the Council that at the July 15th joint Planning
Commission and Economic Development meeting, folks from Geronimo
Wind Energy updated the Board on their proposed wind turbine project
to be located in Albany and Krain Township. Mr. Schneider noted
that the energy produced by the nearly 30 wind turbines will be
transmitted to the XCEL Energy sub-station located west of Shamrock
Lane and one route considered is the right of way along 13th
Street. Mr. Schneider noted that route permits will be submitted
to the Public Utilities Commission and the City will be given notice
of such in the near future.
The Council
took notice of a petition for annexation received from John and Mary
Luethmers of approximately 0.88 acres +/- and related resolution for
Orderly Annexation. Mr. Schneider informed the Council that Bryan
Schiffler, owner of TANI Division, Inc., will acquire the property
to improve a grading and drainage plan related to a proposed
building expansion. Mr. Schneider noted that the property will be
zoned C2 (Highway Commercial) upon annexation. After due
discussion, a motion was made by Daron Gersch and seconded by Jack
Evens to accept the aforesaid petition. All voted for the motion
and it carried.
The Council
took notice of a proposed resolution for orderly annexation between
the City and Albany Township for the purpose of annexing 0.88 acres
+/- to facilitate a building expansion for TANI Division, Inc.
After due discussion, a motion was made by Tom Kasner who introduced
the following resolution and moved its adoption:
RESOLUTION 2010-21
JOINT RESOLUTION FOR ORDERLY
ANNEXATION
AREA BETWEEN THE TOWN OF ALBANY
AND THE CITY OF ALBANY
The motion for the
foregoing Resolution was seconded by Jack Evens and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Dennis Sand, Councilors
Daron Gersch, Tom Kasner, Jack Evens and John Greer and none voted
against the same whereupon the said Resolution declared duly passed
and adopted. The full text of the said Resolution is on file at
the office of the City Clerk/Administrator for public inspection
during regular office hours.
Mr. Schneider noted that the said
Resolution will be presented to the Albany Township Board at their
regular meeting to be held on July 26th
Mr. Mergen informed the Council that
two water samples were taken in North Lake by a licensed laboratory
for total phosphorus, a measure of nutrient content, and chlorophyll
A, a measure of algae content. Mr. Mergen noted that both water
samples significantly exceeded water quality standards for surface
waters which was not alarming having witnessed poor water quality in
North Lake for several years. Mr. Mergen noted that additional
sampling will be taken throughout the summer and results will be
used as a base line to determine if any corrective actions taken in
the future will improve the water quality of the lake relating to
the preparation of the Lake Management Plan (Healthy Lakes and
Rivers Partnership Program) for the lake.
Mr. Schneider presented to the
Council a revised application for property owners to use when
applying for a variance, conditional use permit, interim use permit,
zoning amendment, etc. and related fee increase to cover all City
expenses when processing requests of such. Mr. Schneider noted that
the information will be presented to the Council in the near future
for final action.
Mayor Dennis Sand noted the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, August 4, 2010 and adjourned the meeting at 8:05 PM.
Tom Schneider
Clerk/Adm.
|
