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

 

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.

 

 

 

 

 

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