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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, June
3, 2009, 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 May
20th
4.
Open Forum/Public comments
5.
Joseph Mergen, Public Works Supervisor – present list of
unpaid water/sewer bills and recommendation to discontinue service
as per Ordinance No. 30
6.
Albany Jaycees - request a
3.2% Malt (Beer) Liquor License and large gathering permit for
annual Street Dance to be held on Saturday, June 13th
7.
Liquor and Cigarette License renewals
8.
John Peternell – petition for annexation for proposed
commercial business
- Resolution 2009-016 for Orderly
Annexation
9.
Stan Hanson, City Engineer - update on-going public
improvement projects
10.
Joseph Mergen, Public Works Supervisor
11.
Daron Gersch, Utility Department and Community Education
Liaison
12.
Dennis Sand, Park Department, and Equipment
13.
Tom Kasner, Fire Department and EDA
14.
Jack Evens, Albany Golf Club
15.
John Greer, Police and Street Department
16.
James Stueve, Police Chief
17.
Tom Schneider, Clerk/Adm – present for approval CenterPoint
Energy Gas Franchise Ordinance
18.
Mayor’s announcements and letters
19.
Announce meeting date (June 17th) and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JUNE 3, 2009, 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, June
3, 2009, in the Council Room at 400 Railroad Avenue for the said
City.
Other Council members present were:
John Greer,
Tom Kasner,
and Daron Gersch. Jack Evens arrived at 7:10 PM. None were absent.
Also present were: Tom Schneider, Clerk/Adm., Mike Kosik, Editor, Stearns
Morrison Enterprise, Stan Hanson, P.E. Bonestroo, Inc., Joseph
Mergen, Public Works Supervisor, and
James Stueve,
Police Chief.
After due discussion, a motion was made by
Tom Kasner
and seconded by Daron Gersch to authorize the
payment of the following: Check Numbers 59487 to 59504 and 13220 to
13233. 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 May 20th and hearing none
declared the aforesaid said minutes approved.
Richard Mareck,
740 7th Street, appeared before the Council to present
the results from potable water samples taken at his residence
comparing unfiltered versus filtered water. Mr. Mareck noted that
the quality of water is much better compared to three weeks ago.
Councilor John Greer noted that the test results show that the
quality of water is greater if the filter is not used. Mr. Mareck
informed the Council that he will continue to monitor the quality of
his potable water and noted that he is satisfied with the lab
results. Mayor Dennis Sand thanked Mr. Mareck for providing the
Council with the test results and for attending the meeting.
Mr. Mergen
presented to the Council for review unpaid water bills and
recommended that their individual water service be discontinued
pursuant to Ordinance 30. Mayor Dennis Sand, with the consensus of
the Council, directed Mr. Mergen to attempt to meet with each person
one last time and if the water bill remains unpaid, he may proceed
to discontinue their water service.
Sean Artley,
Steve Bates, Kurt Schneider, and Pam Kraker, owners of liquor
establishments were present for the meeting.
Mr. Schneider
informed the Council that Pam Kraker, the owner of The Well Saloon
would like the Council to consider 2:00 AM Liquor license. Ms.
Kraker noted that several of her patrons are leaving her
establishment and others in Albany to go to nearby communities that
allow the consumption of liquor until
2:00 AM being it is not permitted in
Albany. After
due discussion, Mayor Dennis Sand instructed Mr. Stueve to provide
the Council with additional information on the matter which can be
discussed at a future Council 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, The Well Saloon, and Paul’s
Paradise. After due discussion, a motion was
made by
Tom Kasner and seconded by
John Greer to approve the aforementioned licenses. All voted for the motion and it
carried.
Off-Sale Liquor
License: Rookies Sports Bar, Freeway Liquor, The Well Saloon,
Albany
Bowling Center, and Paul’s Paradise. After due discussion, a motion
was made by Daron Gersch and seconded by John Greer to approve the
aforementioned licenses. Voting for the motion were Councilors
Daron Gersch, Tom Kasner, and John Greer and none voted against.
Mayor 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 John Greer and seconded
by Daron Gersch to approve the aforementioned licenses. Voting for
the motion were Mayor Dennis Sand, Councilors Daron Gersch, and John
Greer and none voted against. Councilor Tom Kasner abstained and
the motion carried.
Cigarette
License: Rookies Sports Bar, Albany Golf Club, Amby’s Foods, Don’s
I-94, Freeway Liquor, The Well Saloon, and Paul’s Paradise. After
due discussion, a motion was made by John Greer and seconded by
Daron Gersch to approve the aforementioned licenses. Voting for the
motion were Councilors Daron Gersch and John Greer and none voted
against. Councilor Dennis Sand and Tom Kasner abstained and the
motion carried.
John and LuAnn
Peternell, 35747 Co. Rd. 10, Albany, and Joyce Winter, 231 3rd
Street, Albany, were present for the meeting. Mr. Evens arrived for
the meeting at
7:10 PM.
Mr. Peternell
appeared before the Council to inform the Council that he is
considering the construction of two buildings consisting of nearly
20,000 square feet for a retail fleet supply business consisting of
hardware, farm supplies, greenhouse, metal fabrication, service and
repair. Mr. Peternell noted that the project will be constructed
on a four-acre site and submitted two petitions (Edmund Wehseler,
3.13 acres and Albert Winter, 0.94 acres) for annexation located
adjacent to Stearns County Highway Number 10 which abut existing
water and sewer services. Mr. Schneider informed the Council that
the City’s Economic Development Authority will review a request by
Mr. Peternell for a business subsidy at their June 4th
meeting to assist in the development of the site. The Council took
notice of both petitions and joint resolution for orderly annexation
for approximately four acres. Mr. Schneider noted that the property
will be zoned C2 (Highway Commercial) upon annexation and presented
to the Council a proposed joint resolution for orderly annexation to
be executed by the City and Albany Township. After due discussion,
a motion was made by John Greer to accept the aforesaid petitions
and moved for the adoption of the following Resolution:
RESOLUTION
2009-016
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 Tom Kasner 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 June 22nd or at an earlier
meeting date if possible.
The Council
took notice of a proposed Gas Franchise Ordinance between
CenterPoint Energy and the City. Mr. Schneider informed the Council
that the City Attorney reviewed the proposed Ordinance and had no
further additions and/or corrections. After due discussion, a
motion was made by John Greer who introduced the following Ordinance
and moved its adoption:
Ordinance No.
2009-01
CITY OF
ALBANY, STEARNS COUNTY, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR
PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE
CITY OF ALBANY, STEARNS COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND,
PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
The motion for the foregoing
Ordinance 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 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 normal office
hours.
Mr. Schneider
informed the Council that the Albany Area Jaycees will be holding
their annual Street Dance and Raffle in the evening on Saturday,
June 13th at Rookies Sports Bar. Mr. Schneider noted that the
activities will consist of food/beer and a local band for
entertainment to be held on 5th Street between Railroad
Avenue and the rear alley adjacent to Rookies Sports Bar. After
due discussion, a motion was made by Tom Kasner and seconded by
Daron Gersch to approve a one-day 3.2% malt liquor (beer) license
for the Albany Area Jaycees for their annual Street Dance/Raffle to
be held on June 13th at Rookies Sports Bar contingent
upon the City receiving a certificate of liquor liability and to
allow 5th Street to be closed for the event between
Railroad Avenue and the rear alley. All voted for the motion and it
carried.
Mr. Schneider presented
to the Council a request for a 3.2% Malt Liquor (Beer) license by
the Church of Seven Dolors (Church Bazaar) for Sunday, August 2nd.
After due discussion, a motion was made by Daron Gersch and seconded
by Jack Evens to approve the aforesaid license request. All voted
for the motion and it carried.
Mayor Dennis Sand announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, June 17, 2009 and adjourned the meeting at 8:05 PM.
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JUNE 17, 2009, 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, June
17, 2009, 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
3rd
4.
Open Forum/Public comments
5.
CenterPoint Energy grant award presentation to Albany Police
and Fire Department
6.
Albany Area Jaycees - request a
3.2% Malt (Beer) Liquor License and large gathering permit for
annual Summer Fest 2009 event to be held at Albany Bowling Center
7.
Stan Hanson, City Engineer – present final grading and
drainage report for New Vision Alliance and update on progress of
on-going construction activities.
8.
Molly Thompson, City Auditor – present 2008 comprehensive
financial audit
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
14.
John Greer, Police and Street Department
15.
James Stueve, Police Chief - present Resolution authorizing
execution of an agreement with MN Dept. of Public Safety for a grant
to participate in Safe and Sober Campaign.
16.
Tom Schneider, Clerk/Adm
-
cigarette license renewal (Holiday Store and Station 66)
-
Resolution setting public hearing for business subsidy for
the purpose of assisting
J and L Supply, LLC dba Albany Fleet
and Farm Supply
17.
Mayor’s announcements and letters
18.
Announce meeting date (July 1st) and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY,
JUNE 17, 2009, 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, June
17, 2009, in the Council Room at 400 Railroad Avenue for the said
City.
Other Council members present were:
John Greer,
Tom Kasner,
Jack Evens, and Daron Gersch. None were absent.
Also present were: Tom Schneider, Clerk/Adm., Mike Kosik, Editor, Stearns
Morrison Enterprise, Stan Hanson, P.E. Bonestroo, Inc., Joseph
Mergen, Public Works Supervisor, James Stueve, Police Chief, Jeff
Eggert, Patrol Officer, and Nick Gersch, resident/Albany Boy Scout.
After due discussion, a motion was made by Daron Gersch and seconded by
Tom Kasner to authorize the payment of the
following: Check Numbers 59505 to 59554 and 13234 to 13249. 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 3rd. Mr. Schneider noted
that the motion to approve the cigarette licenses renewals had not
passed by a unanimous vote and recommended that action be taken to
approve the aforesaid licenses. After due discussion, a motion was
made by John Greer and seconded by Jack Evens to approve the
following cigarette licenses: Rookies Sports Bar, Albany Golf Club,
Amby’s Foods, Don’s I-94, Freeway Liquor, The Well Saloon, and
Paul’s Paradise. Voting for the motion were Councilors Daron Gersch,
Jack Evens, and
John Greer and none voted against. Councilor
Dennis Sand
and Tom Kasner abstained and the motion carried. Mayor Dennis Sand
noted that hearing no other corrections and/or additions declared
the aforesaid said minutes approved.
Dean Mitchell,
Fire Chief, was present for the meeting.
Mike
McLaughlin, Field Services Supervisor CenterPoint Energy, appeared
before the Council to inform the Council that CenterPoint Energy
awarded the City of Albany a Community Partnership Grant totaling
$2,500 for the police and fire department to purchase radio
communication equipment for use in serving the community. Mayor
Dennis Sand on behalf of the Council, Police, and Fire Department,
thanked Mr. McLaughlin for his company’s generous donation to the
City.
Mr. Hanson
informed the Council that the Planning Commission held a meeting on
June 11th regarding a site plan submitted by New Vision
Alliance, 1121 Co. Rd. 10 and recommended approval contingent upon a
couple of items based on his review of the application which
included a grading and drainage plan. Mr. Hanson noted that a
Wetland Replacement Plan application was submitted to Stearns County
Environmental Services for review at their June 23rd
meeting and that if approved a
grain “flat” storage structure would be constructed to meet their
existing and future business needs. After due discussion and upon
the recommendation from the Planning Commission, a motion was made
by John Greer and seconded by Jack Evens to approve the grading and
drainage plan or site plan submitted by New Vision Alliance
contingent upon the following:
1)
Stearns County Environmental Services approval of Wetland
Replacement Plan.
2)
Property owner to obtain a permit from the MPCA to discharge
stormwater associated with construction activity being land to be
disturbed is equal to or greater than one (1) acre; which copy to be
forwarded to the City.
All voted for the motion and it
carried.
Steven Bates, owner of the
Albany
Bowling Center, and Sherry Thill, Albany Area Jaycees, appeared
before the Council to discuss the second annual Summerfest 2009
activities to be held at the Albany Bowling Center on Saturday, June
27th, which consists of an outdoor event, bean bag tournament, beer
garden, and live music. Ms. Thill noted that the Jaycees are
requesting approval from the Council for a 3.2 malt liquor (beer)
license and the parking lot area will be fenced for that specific
area where the event will be held. Mr. Schneider noted that a Large
Gathering Permit had been submitted for the event and all was in
order. After due discussion, a motion was made by Tom Kasner and
seconded by Daron Gersch to approve a one-day 3.2 malt liquor (beer)
license for the Albany Jaycees for the annual Summerfest 2009
outdoor event to be held on June 27th at the Albany Bowling Center.
All voted for the motion and it carried.
Sean Artley,
owner of Paul’s Par-A-Dice, and Pam Kraker, owner of The Well
Saloon, were present for the meeting.
Ms. Kraker
questioned if the Council would consider approval of 2:00 AM liquor
sales and noted that if approved, many patrons would remain in
Albany rather than traveling to other communities which permit the
2:00 AM liquor licenses. Mr. Stueve informed the Council that the
existing Ordinance would permit the request, but an application
would need to be executed and approved by the City and State. Mr.
Stueve noted that the license period is for one year which renewals
would be held the same date (June 30th) as the other
liquor license renewals. Mr. Evens noted that he has no objection to
the request and if problems arise from the issuance of these
applications, they can be reviewed each during the annual renewal.
Mr. Greer noted that he is concerned regarding individuals driving
to the City for an extra hour of drinking which may cause additional
police issues. After due discussion, a motion was made by Jack
Evens and seconded by Tom Kasner to allow the local liquor
establishments to make application for 2:00 AM liquor with no City
fee for said application for a period of one year consistent with
the annual liquor license renewals. Voting for the motion were
Mayor Dennis Sand, Councilors Jack Evens, Tom Kasner, and Daron
Gersch. Councilor John Greer voted against and the motion carried.
Molly Thompson,
CPA with the firm of Schlenner, Wenner and Company, St. Cloud, MN,
the City’s Auditor, appeared before the Council to present the final
2008 Comprehensive Financial Audit for all City operations including
the Albany Golf Club. Ms. Thompson also presented to the Council a
management letter which included the enterprise (water/sewer) funds.
After due discussion, a motion was made by Daron Gersch and seconded
by John Greer to approve the 2008 Comprehensive Financial Audit,
transfer funds from the General Fund to various other City accounts,
and closing of one fund. All voted for the motion and it carried.
The complete audit is on file
at the office of the City
Clerk/Administrator for public inspection during normal office
hours.
Mr. Hanson appeared
before the Council to present the plans and
specifications for the County Road No. 157 (Railroad Avenue)
Ditch Maintenance Improvements. Mr. Hanson noted that the County
will provide in-kind services for the project and will allow the
City to mow the improvement area. Mr. Hanson also noted that the
estimated costs are $18,545. After due discussion, a motion was
made by John Greer and seconded by Tom Kasner to approve the plans
and specifications for the County Road No. 157 (Railroad Avenue)
Ditch Maintenance Improvements. All voted for the motion and it
carried.
Mr. Gersch, Community
Education Liaison, reported to the Council on various summer
activities being offered to the community residents.
Mr. Evens, Albany Golf
Club Liaison, reported to the Council the activities of the said
Club and various improvements currently being done to the course to
challenge the average and/or beginner golfer.
Mr. Stueve presented to the Council a
resolution relating to the Police Department participating in the
Safe and Sober Communities Project. Mr. Stueve noted that the
Police Department participated in the program last year and
recommended approval to do the same for this year. After due
discussion, a motion was made by John Greer who introduced
the following Resolution and moved its adoption:
RESOLUTION 2009-018
AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN ALBANY POLICE DEPARTMENT
AND MN DEPARTMENT OF PUBLIC SAFETY
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
Daron Gersch, Tom Kasner, Jack Evens, and John Greer and none voted
against the same. 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.
The Council
took notice of the cigarette license renewal for the Holiday Store
and Station 66; whereby a motion was made by Tom Kasner and seconded
by John Greer to approve the cigarette license renewals effective
July 1, 2009 for a one-year period. All voted for the motion and it
carried.
Mr. Schneider presented to the
Council a proposed resolution setting a date for a public hearing
relating to the use of property tax abatement to finance up to
$145,000 in costs associated with the construction of a new
hardware, farm supply, greenhouse, limited lumber supplies, service
and repair. Mr. Schneider noted that the public hearing will be
held at 7:00 PM, on Wednesday, July 1st at City Hall.
After due discussion, a motion was made by Jack Evens who
introduced the following
Resolution and moved its adoption:
RESOLUTION 2009-017
SETTING DATE FOR A PUBLIC HEARING
ON THE APPROVAL OF A TAX ABATEMENT
RESOLUTION FOR THE PURPOSE
OF ASSISTING J & L SUPPLY
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
Daron Gersch, Tom Kasner, Jack Evens, and John Greer and none voted
against the same. 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. Schneider
informed the Council that the Albany Area Jaycees submitted a
request to allow for the display of fireworks at the Albany Golf
Club for the area known as the driving range for Heritage Day,
Saturday, August 1st. After due discussion, a motion was made by Tom
Kasner and seconded by Dennis Sand to approve the aforesaid request
contingent upon the acceptance of the proper certificates of
liability insurance and workers compensation submitted by the
company igniting the fireworks display. Mayor Dennis Sand directed
the City Clerk/Administrator to meet with Dean Mitchell, the Fire
Chief, to assure that the display of fireworks does not pose any
problems for the public and private property. All voted for the
motion and it carried.
Mayor Dennis Sand announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, July 1, 2009 and adjourned the meeting at 9:05 PM.
Tom Schneider
Clerk/Adm.
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