|
June
6, 2007, City Council Meeting Minutes
JUNE 20, 2007, 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 Jamie Thelen at 6:30 o’clock in the
evening on Wednesday, June 6, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Jamie Thelen,
Councilors Dennis Sand, James Beuning, John Greer, and Tom Kasner.
None were absent.
Mike Kosik,
Editor, Stearns Morrison Enterprise, James Stueve, Police Chief, and
Joseph Mergen, Public Works Supervisor, were present for the
meeting.
After due discussion, a motion was made by John Greer and seconded by
James Beuning to authorize the payment of the
following bills: Check Numbers 57575 to 57614 and 12416 to 12445.
All voted for the motion and it carried.
Mayor Jamie
Thelen called for any corrections or additions to the minutes of the
regular meeting held on May 16th, special meeting May 24th,
and May 2nd Board of Review/Equalization meeting.
Mr. Mergen
presented to the Council a list of individuals who have not paid
their utility bill and recommended discontinuance as per Ordinance
30. Mayor Jamie Thelen, with the consensus of the Council, directed
Mr. Mergen to contact each individual one last time and if the bill
remains unpaid, proceed to shut off their water service.
Sean Artley,
Tom Atkinson, Pam Atkinson, Robert Hanauska, Ken Schmidt, Steve
Bates, Amy Sand, and Joyce Thull, were present for the meeting.
The Council
took notice of the following license renewals:
On-Sale Liquor
License: Rookies Sports Bar, Hillcrest Family Restaurant and
Stubby’s Tavern, Albany Bowling Center, and Paul’s Par-A-Dice.
After due discussion, a motion was made by James
Beuning and seconded by
Tom Kasner to
approve the aforementioned licenses. All voted for the motion and
it carried.
Off-Sale
Liquor License: Rookies Sports Bar, Freeway Liquor, Albany Bowling
Center, and Paul’s Par-A-Dice. After due discussion, a motion was
made by Jamie Thelen and seconded by
John Greer
to approve the aforementioned licenses. Voting for the motion were
Mayor Jamie Thelen, Councilors James Beuning, Tom Kasner, and John
Greer and none voted against. Councilor Dennis Sand abstained and
the motion carried.
Club On-Sale
License: Albany Golf Club and Albany American Legion Post #482.
After due discussion, a motion was made by Dennis Sand and seconded
by James Beuning to approve the aforementioned licenses. Voting for
the motion were Mayor Jamie Thelen, Councilors James Beuning, Dennis
Sand, and John Greer and none voted against. Councilor Tom Kasner
abstained and the motion carried.
Cigarette
License: Rookies Sports Bar, Albany Golf Club, Station 66, Amby’s
Foods,
Holiday, Don’s I-94, Freeway Liquor, and Paul’s Par-A-Dice. After due
discussion, a motion was made by John Greer and seconded by James
Beuning to approve the aforementioned licenses. Voting for the
motion were Mayor Jamie Thelen, Councilors James Beuning, and John
Greer and none voted against. Councilor Dennis Sand and Tom Kasner
abstained and the motion carried.
After due
discussion, a motion was made by Jamie Thelen and seconded by John
Greer to approve an off sale 3.2% malt liquor (Beer) license to the
Albany Golf Club. Voting for the motion were Mayor Jamie Thelen,
Councilors James Beuning, Dennis Sand, and John Greer and none voted
against. Councilor Tom Kasner abstained and the motion carried.
After due
discussion, a motion was made by Jamie Thelen and seconded by Tom
Kasner to approve an On-sale liquor, Off-sale liquor, and Cigarette
license to The Well Saloon contingent upon the submission of proof
of liability insurance and workers compensation. All voted for the
motion and it carried.
Mr. Artely
informed the Council that the
Minnesota legislature recently passed a smoking ban law which
becomes effective October 1st and questioned how the City
will regulate and police the new law. Mayor Jamie Thelen informed
the licensees that the City can be more restrictive than state law,
but until more information is provided to the City, no immediate
action will be taken. Mayor Jamie Thelen noted that additional
information will be provided to the licensees on this matter as soon
as it becomes available to the City.
Chad Schmidt,
Randy Ritter, members of the Albany Jaycees, was present for the
meeting.
Mr. Ritter appeared before the Council to
update the Council on the Jaycees annual Street Dance and Raffle
which will be held on Saturday, June 9th on
5th
Street. Mr. Ritter informed the Council that food/beer will be
served including a local band for entertainment and the area will be
properly fenced. Mr. Ritter also noted that proceeds from the
Raffle are used for community projects. Mr. Stueve noted that in
the past there have been few problems and had no issues with the
request. After due discussion, a motion was made by Dennis Sand and
seconded by Tom Kasner to approve a one-day 3.2 malt liquor (beer)
license for the Albany Jaycees for their annual evening Street
Dance/Raffle to be held on 5th Street between Railroad
Avenue and the rear alley. All voted for the motion and it carried.
Mayor Jamie Thelen, EDA Liaison,
informed the Council that pursuant to
a duly held public hearing by the EDA held on May 31st
on a revolving loan request submitted by Roger Dowell, owner
of Rainbow Restorations, and Harold Desautel, owner of Preferred
Controls, Inc., Albany, MN, the EDA Board recommended that both
requests be approved as per
Traci Ryan, David Drown
Associates, the City consultant who reviewed the applications.
Mayor Jamie Thelen noted that both requests are in the amount of
$25,000 and Albany Area Industries, a local organization, has also
agreed to provide a loan for $25,000 each. Mayor Jamie Thelen noted
that jobs will be created including large capital investments and
tax increment financing is being considered for the Preferred
Controls project. After due discussion, a motion was made by Jamie
Thelen and seconded by Dennis Sand that the revolving loan request
submitted by Roger Dowell, owner of Rainbow Restorations, and Harold
Desautel, owner of Preferred Controls, Inc., Albany, MN, be approved
as per the terms and conditions submitted to the City by Traci
Ryan. All voted for the motion and it carried.
The Council took notice of a resolution to
set a public hearing for a proposed business subsidy to Desautel
Properties, LLC on behalf of Preferred Controls related to the
proposed Tax Increment Finance District No. 12. After due
discussion, a motion was made by Tom Kasner who introduced the
following Resolution and moved its adoption:
RESOLUTION
CALLING PUBLIC HEARING ON
THE PROPOSED
BUSINESS SUBSIDY TO DESAUTEL PROPERTIES, LLC ON BEHALF OF
PREFERRED
CONTROLS, INC.
(6:30 PM,
Thursday, July 5th)
The motion for the
foregoing Resolution was seconded by James Beuning and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Jamie Thelen, Councilors
Dennis Sand, James Beuning, Tom Kasner, and John Greer and none
voted against the same; whereupon the said Resolution were 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.
Councilor John Greer, Planning
Commission Liaison, informed the Council that pursuant to a duly
held public hearing by the Planning Commission that was held on May
17th on a request by Paul Mareck, 21576 Co. Rd. #54, Albany, MN, for a
Conditional Use Permit to conduct a Home Occupation, a packaging
business, within his residence in a R2 Zoning District. After due
discussion, a motion was made by John Greer and seconded by Tom
Kasner to approve the request by Mr. Mareck to conduct a Home
Occupation, a packaging business, with the following conditions:
-
Conditional Use Permit is a one-year permit only and Mr.
Mareck must re-apply.
-
No semi-trucks shall enter/exit the property.
All voted for the motion and it
carried.
The Council took notice of the
proposed revisions prepared by the City Attorney as directed by the
City Council to amendment No. 1, the contract between the City and
Stearns County relating to the 6th Street (CSAH 53) and 3rd
Avenue Reconstruction Improvements. Mr. Greer noted that the
Section 1 (g) should be titled “mutual hold harmless” describing the
text. After due discussion, a motion was made by John Greer and
seconded by Tom Kasner to approve the said Amendment with the
revisions noted by the City Attorney and Mr. Greer. All voted for
the motion and it carried. Mayor Jamie Thelen directed the City
Clerk/Administrator to forward the aforesaid revisions of the
proposed amendment to the Stearns County Highway Engineer for
review.
Mayor Jamie Thelen questioned if the
Christopher Ramler,
22737 355th
St. (Albany Avenue) would be required to connect to City water and
sewer being it’s currently listed “for sale by owner”. Mayor Jamie
Thelen noted that his home, property formerly occupied by Ramler
Trucking (old shop), and the Alternative Storage sheds abuts the
City limits on each side; whereby annexation should be considered.
After due discussion, a motion was made by Jamie Thelen and seconded
by John Greer to direct the City Clerk/Administrator to forward a
letter to Mr. Ramler encouraging him or the new owner to annexed his
property at the time of the sale of his home. All voted for the
motion and it carried.
Mr. Kasner presented the following bids
the City received for the 1963 GMC Tanker that were publically
opened at
3:00 o’clock in
the afternoon on Tuesday, June 5th, at City Hall:
David T. Shay,
Albany $751.00
Robert Hanauer,
Albany $555.00
After due
discussion, and upon the recommendation from Mr. Mergen to approve
the high bid, a motion was made by Tom Kasner and seconded by Dennis
Sand to accept the bid from David T. Shay in the amount of $751.00
for the aforesaid vehicle. All voted for the motion and it
carried.
Mayor Jamie
Thelen, 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 Jamie Thelen and seconded by John
Greer to authorize the payment of the following bills: Check Numbers
32000 to 32026. Voting for the motion were Mayor Jamie Thelen,
Councilors James Beuning, and John Greer and none voted against.
Councilors Dennis Sand and Tom Kasner abstained and the motion
carried.
The Council
took notice of a proposed Resolution prepared by David Drown, David
Drown Associates, relating to the sale of a $1,300,000 General
Obligation Permanent Improvement Fund Bond for the
6th Street
(CSAH 53) and 3rd Avenue Reconstruction Improvements.
Mayor Jamie Thelen noted that the proposals for the bonds will be
received at 11:00 o’clock in the morning on Wednesday, June 20th
at the offices of David Drown Associates, Minneapolis, MN. After due
discussion, a motion was made by Dennis Sand who introduced the
following Resolution and moved its adoption:
RESOLUTION
PROVIDING FOR
THE COMPETITIVE
NEGOTIATED SALE OF
$1,300,000
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND
BONDS, SERIES 2007A
The motion for the
foregoing Resolution were seconded by Tom Kasner and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Jamie Thelen, Councilors
Dennis Sand, James Beuning, Tom Kasner, and
John Greer and none voted against the same; whereupon the said
Resolution were 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.
Mayor Jamie Thelen noted
that the regular Council meeting scheduled on July 4th
Council should be rescheduled due to the Holiday. After due
discussion, a motion was made by Tom Kasner and seconded by Dennis
Sand to move the July 4th regular Council meeting to
Thursday, July 5th. All voted for the motion and it
carried.
Mayor Jamie Thelen
informed the Council that he has sold his home and will resign after
the June 20th Council meeting. Mayor Jamie Thelen noted
that he has enjoyed representing the public in the capacity as
Mayor, EDA, and past Planning Commission member in addition to
working with the Council members on many projects. Mayor Jamie
Thelen also noted that his replacement may be discussed at the June
20th Council meeting which will be his last official
meeting as Mayor.
Mayor Jamie Thelen announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, June 20, 2007 and adjourned the meeting at 7:45 PM.
Tom Schneider
Clerk/Adm.
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 Jamie Thelen at 6:30 o’clock in the
evening on Wednesday, June 20, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Jamie Thelen,
Councilors Dennis Sand, James Beuning, John Greer, and Tom Kasner.
None were absent.
Mike Kosik,
Editor, Stearns Morrison Enterprise, James Stueve, Police Chief, and
Joseph Mergen, Public Works Supervisor, were present for the
meeting.
After due discussion, a motion was made by Dennis Sand and seconded by
James Beuning to authorize the payment of the
following bills: Check Numbers 57615 to 57644 and 12446 to 12461.
Voting for the motion were Councilors Dennis Sand, James Beuning,
John Greer, and Tom Kasner and none voted against. Mayor Jamie
Thelen abstained and the motion carried.
Mayor Jamie
Thelen called for any corrections or additions to the minutes of the
regular meeting held on June 6th. Mr. Schneider noted
that text was omitted in the minutes that declared the regular
minutes of May 16th, special meeting May 24th,
and May 2nd Board of Review/Equalization meeting as being
approved. Mayor Jamie Thelen hearing no other corrections or
additions declared the minutes of June 6th approved.
Traci Ryan,
David Drown Associates, was present for the meeting.
Pursuant to due
notice, at 6:35 o’clock, Mayor Jamie Thelen called the public
hearing into session relating to the proposed creation of Tax
Increment Financing District (TIF) 12 and the proposed adoption of
Tax Increment Financing Plan thereto. Ms. Ryan informed the Council
that the proposed Plan is an “Economic” tax increment financing
district collecting increments for a period of nine years for
qualified manufacturing and/or distribution facilities. Ms. Ryan
also explained to the Council how Green Acres designation will
affect the use of TIF. Mr. Schneider informed the Council that the
Planning Commission and Economic Development Authority (EDA)
recommended that TIF District 12 and related Plan be approved. No
written comments were received and no members from the public were
present for the meeting. Mayor Jamie Thelen closed the public
hearing at 6:40 PM. After due discussion and upon the
recommendation of the Planning Commission and EDA, a motion was made
by John Greer who introduced the following Resolution and moved its
adoption:
RESOLUTION
APPROVING THE
ESTABLISHMENT
OF TAX INCREMENT FINANCING DISTRICT NO. 12 AND
ADOPTION OF THE
TAX INCREMENT FINANCING PLAN RELATING THERETO
The motion for the
foregoing Resolution was seconded by James Beuning and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Jamie Thelen, Councilors
Dennis Sand, James Beuning, Tom Kasner, 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 regular office hours.
Mark Wallis, the City Engineer with
the firm of Bonestroo, Inc., St. Paul, MN, appeared before the
Council to discuss the construction progress of the Water Treatment
Plant.
David Drown, the City Financial
Consultant, David Drown Associates, Minneapolis, MN, informed the
Council that his firm received the following bids on behalf of the
City for the sale of $1,300,000 General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2007A:
Firm
Net Interest Rate
Cronin and Co.,
Inc.
4.4306%
United Bankers
Bank
4.4319%
Piper Jaffray
4.4548%
Northland Securities
4.5090%
Mr. Drown noted that
the aforementioned bond sales relate to the 6th Street
and 3rd Avenue Reconstruction Improvements and
recommended that Cronin and Co., Inc., the low bid based on the net
interest rate of 4.4306%, be approved. After due discussion, a
motion was made by John Greer who introduced the following
Resolution and moved its adoption:
RESOLUTION
PROVIDING FOR THE ISSUANCE,
SALE, AND
DELIVERY OF
$1,300,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT
REVOLVING FUND BONDS, SERIES 2007A, TO PAY
A PORTION OF
THE COSTS OF LOCAL PUBLIC IMPROVEMENTS;
ESTABLISHING
THE TERMS AND CONDITIONS THEREFOR;
CREATING A
CONSTRUCTION ACCOUNT AND A DEBT SERVICE
ACCOUNT
THEREFOR; AND AWARDING THE SALE THEREOF
The motion for the
foregoing Resolution was seconded by
Tom Kasner and after a full discussion thereon and upon a vote being taken
thereon, the following voted in favor thereof: Mayor Jamie Thelen,
Councilors Dennis
Sand, James Beuning, Tom Kasner, 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 regular office hours.
Matt Mohs, City Engineer,
with the firm of Bonestroo, Inc.,
St. Cloud, MN, appeared
before the Council to update the Council on the
6th Street
and 3rd Avenue Reconstruction Improvements. Mr. Mohs
informed the Council that a preconstruction meeting was held on June
13th to discuss the scope of the project with the General
Contractor, utility companies, City Public Works, Police Department,
and sub-contractors. Mr. Mohs noted that the construction will
begin June 25th.
Mr. Mergen presented to
the Council the following two quotes he received for the replacement
of the concrete driveway to the Public Works building at 231 4th
Street (former Fire Hall building):
Pete
Metzger Masonary,
Richmond, MN
$9,371
Wentland
Construction, Holdingford, MN $10,638
After due discussion, a
motion was made by Tom Kasner and seconded by Jamie Thelen to hire
Metzger Masonary at a cost of $9,371.00 for the aforementioned
work. All voted for the motion and it carried.
The Council took notice
of a proposed Ordinance that would regulate Biofuel Burners within
the City of Albany. Mr. Schneider informed the Council that
Biofuel burner is a device, structure, or apparatus, which supplies
direct or indirect heat from the burning of solid fuel, including
but not limited to wood, corn, biomass pellets, and other solids
biofuels, to a building. Mr. Schneider noted that outdoor Biofuel
Burners would be prohibited within the City and that a building
permit is required for any Biofuel Burners installed within a
building; whereby the installation must meet minimum installation
standards. Mr. Beuning questioned why the minimum stack height is
twenty five feet above ground level which seems excessively high if
considered for residence use. Mayor Jamie Thelen noted that wood
smoke and smoke generated by Biofuel Burners is hazardous to an
individual’s health and general public including the risk of fire if
not installed properly. After due discussion and upon a
recommendation from the Planning Commission, a motion was made by
John Greer who introduced the following Ordinance and moved its
adoption:
ORDINANCE 78
REGULATION OF BIOFUEL
BURNERS
(Interim Ordinance
2007-01 declaring a Moratorium repealed)
The motion for the
foregoing Ordinance was seconded by Dennis Sand and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Mayor Jamie Thelen, Councilors
Dennis Sand, Tom Kasner, and
John Greer. Councilor James Beuning voted against; whereupon the
said Ordinance was declared duly passed and adopted. The full text
of the said Ordinance is on file at the office of the City
Clerk/Administrator for public inspection during regular office
hours.
The Council took notice
of a one-day non-intoxicating liquor (beer) license on a request by
the Church of Seven Dolors for their annual Church Bazaar which will
be held on Sunday, August 5th. Mr. Schneider noted that
a certificate of liquor liability insurance will be submitted to the
City. After due discussion, a motion was made by James Beuning and
seconded by Tom Kasner to approve the said License contingent upon the City
receiving the appropriate insurance certificate. All voted for the
motion and it carried. Mr. Schneider also noted that the said
Church will complete a Large Gathering Permit for the City’s review
and consideration for the event.
Mayor Jamie Thelen
presented to the Council members his letter of resignation due to
the sale of his home and his family moving out of the City limits.
Mayor Jamie Thelen informed the Council that it has been a privilege
and honor to work with everyone since being sworn in as Mayor in
January 1999. Councilor Dennis Sand noted that it was a pleasure
working with him for the past several years. Councilor James
Beuning informed Mr. Thelen that as Mayor, he did a wonderful job.
After due discussion and regretfully, a motion was made by James
Beuning and seconded by Dennis Sand to accept the letter of
resignation received from Jamie Thelen as Mayor of the City of
Albany effective June 27, 2007. All voted for the motion and it
carried.
Mr. Schneider informed
the Council on the process of appointment to the Mayor’s position
and/or any other Council seat that may be vacated related to the
number of years remaining on their elected terms. After due
discussion, a motion was made by John Greer and seconded by James
Beuning to appoint Acting Mayor Dennis Sand as Mayor of the City of
Albany effective June 28, 2007. Voting for the motion were Mayor
Jamie Thelen, Councilors James Beuning, Tom Kasner, and John Greer
and none voted against. Councilor Dennis Sand abstained and the
motion carried. Mr. Schneider noted that the oath of office for Mr.
Sand will be conducted at the July 5th Council meeting.
Mayor Jamie Thelen noted
that less than two years remain on the vacant Council seat (Dennis
Sand) and noted that the Council can consider filling this position
by appointment at the next Council meeting which will be held on
Thursday, July 5th.
Mayor Jamie Thelen announced the next
regular Council meeting for 6:30 o’clock in the evening on Thursday,
July 5, 2007 and adjourned the meeting at 7:45 PM.
Tom Schneider
Clerk/Adm. |
