WEDNESDAY, JUNE 2, 2010, CITY COUNCIL MEETING MINUTES

WEDNESDAY, JUNE 16, 2010, CITY COUNCIL MEETING AGENDA

WEDNESDAY, JUNE 16, 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 Acting Mayor John Greer at 6:30 o’clock in the evening on Wednesday, June 2, 2010, in the Council Room at 400 Railroad Avenue for the said City.

 

                Other Council members present were: Daron Gersch, Tom Kasner, and Jack Evens.   Mayor Dennis Sand was absent.

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, James Stueve, Police Chief, Mike Kosik, Editor, Stearns Morrison Enterprise, David Drown, David Drown Associates,  Kevin Brown, Patrol Officer, Stan Hanson, City Engineer, and Tina Goodroad, Planner, with the firm of Bonestroo, St. Cloud, MN.

  

After due discussion, a motion was made by Tom Kasner and seconded by Daron Gersch to authorize the payment of the following bills: Check Numbers 60415 to 60447.  All voted for the motion and it carried.

 

Acting Mayor John Greer called for any corrections or additions to the minutes of the regular meeting held on May 19th and hearing none declared them approved.

 

Mr. Stueve presented to the Council a resolution relating to the Albany 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 Jack Evens who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2010-15

AUTHORIZING EXECUTION OF AGREEMENT

(Between the Albany Police Department

and MN Department of Public Safety)

 

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:  Acting Mayor John Greer, Councilors Daron Gersch, Tom Kasner, and Jack Evens, 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. Mergen presented to the Council a list of unpaid utility bills and recommended that they be discontinued or shut off pursuant to Ordinance 30.  Acting Mayor John Greer, with the consensus of the Council, directed Mr. Mergen to make one last personal contact with each property owner and if the utility bill remains unpaid, he may proceed to discontinue the owner’s water service.

 

David Drown, David Drown Associates, appeared before the Council to present information relating to the City financing the 2010 Capital Improvements.   After due discussion, a motion was made by Tom Kasner who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2010-16

PROVIDING FOR THE COMPETITIVE NEGOTIATED

SALE OF $1,265,000 GENERAL OBLIGATION PERMANENT

IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010B

(2010 CAPITAL IMPROVEMENTS)

 

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:  Acting Mayor John Greer, Councilors Tom Kasner, Jack Evens, and Daron Gersch, 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.

 

Tina Goodroad, Planner with the firm of Bonestroo, appeared before the Council to present the proposed final draft of the Zoning Ordinance and Official Zoning Map of the City.  Ms. Goodroad noted that the Planning Commission held two meetings with the business community to obtain feedback regarding the draft Zoning Ordinance and based on those comments, the final draft had been prepared.  Ms. Goodroad presented to the Council a short summary of the proposed changes, corrections, and additions. Ms. Goodroad also noted that the Planning Commission held a public hearing on May 20th to consider the repeal and re-enactment of Ordinance 80, the Zoning Ordinance of the City of Albany, and adoption of the Official Zoning Map; whereby after discussion, the Planning Commission recommend that the said Ordinance be approved.  Acting Mayor John Greer recommended that the Public Zoning District not be deleted, but remain in the Ordinance which relates to City and School properties.   Mr. Schneider noted that the City Attorney will format the document in a manner that future amendments can be added which don’t affect the sequence of the numbering for each section.    Mr. Schneider also noted that the final draft and summary publication to be published in the local newspaper will be presented to the Council at the June 16th Council meeting.   Acting Mayor John Greer directed Ms. Goodroad to prepare the final draft and forward to the City Clerk/Administrator for one final review before providing it to the City Attorney. 

 

The Council took notice of request by the Albany Lions Club for a 3.2% Malt Liquor (Beer) license for Saturday, July 31st (Heritage Day), at 400 Railroad Avenue and a request by the Church of Seven Dolors for a 3.2% Malt Liquor (Beer) license for Sunday, August 1st (Church Bazaar), at 160 2nd Street.  After due discussion, a motion was made by Daron Gersch and seconded by Jack Evens to approve the aforesaid license requests.  All voted for the motion and it carried. 

 

After due discussion, a motion was made by John Greer and seconded by Jack Evens to appoint Tom Schneider as an election judge for the Primary and General Election.  All voted for the motion and it carried.

                 

Acting Mayor John Greer noted the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, June 16, 2010 and adjourned the meeting at 7:40PM.   

 

Tom Schneider

Clerk/Adm.

 

 WEDNESDAY, JUNE 16, 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, June 16, 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 2nd

 

4.                    Open Forum/Public comments

 

5.                    Renewal of liquor licenses

 

6.                    David Drown, David Drown Associates – present Resolution 2010-16 providing for the issuance, sale, and delivery of $1,265,000 Taxable General Obligation PIR Bonds, Series 2010B (Build America Bonds) relating to the 2010 Capital Improvements.

 

7.                    Molly Thompson, City Auditor – present 2009 Comprehensive Financial report

 

8.                    Planning Commission recommendation to approve renumbered Ordinance 80 along with the repeal and re-enactment of the Zoning Ordinance including the Official Zoning Map.

 

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  

 

16.                 Tom Schneider, Clerk/Adm – present event permit to allow fireworks to be displayed on Albany Golf Course

 

17.                 Mayor’s announcements and letters

 

18.                 Announce meeting date (July 7th) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, JUNE 16, 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, June 16, 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.   Jack Evens arrived at 7:30 PM.

 

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 60448 to 60483 and 13620 to 13632.  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 2nd and hearing none declared them approved.

 

Kevin Brown, Patrol Officer Albany Police Department, appeared before the Council to present information regarding the activities of enforcement for those local police departments that participated in the Safe and Sober campaign.

 

Sean Artley, owner of Paul’s Par-A-Dice, Amy Sand, owner of Rookies Sports Bar, Joyce Thull, owner of Hillcrest Family Restaurant and Stubby’s Tavern, and Steve Bates, owner of the Albany Bowl, 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 Tom Kasner and seconded by Daron Gersch to approve the aforementioned licenses.  All voted for the motion and it carried.

 

Off-Sale Liquor License:  Freeway Liquors, Rookies Sports Bar, Albany Bowling Center, and Paul’s Par-A-Dice.  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, Tom Kasner, and John Greer and none voted against.  Mayor Dennis Sand abstained and the motion carried.

 

Off-Sale 3.2% Malt Liquor (Beer) License:  Albany Tesoro. After due discussion, a motion was made by Daron Gersch and seconded by John Greer to approve the aforementioned license.  All voted for the motion and it carried.

 

2AM Liquor:  Rookies Sports Bar and Paul’s Par-A-Dice. After due discussion, a motion was made by Tom Kasner and seconded by Daron Gersch to approve the aforementioned applications for 2AM liquor.  All voted for the motion and it carried.  

 

Amy Sand, owner of Rookies Sports Bar, appeared before the Council to request an amendment to her liquor license application that would permit the sale and consumption of alcoholic beverages in the parking lot located behind their garage for a special event to be held on Saturday, June 26th.    Ms. Sand informed the Council that the area will be fenced and attached to their garage allowing customers to pass through the garage to access the rear festivities.   Councilor John Greer noted that the City has had similar requests in the past and noted that each be taken on a case by case basis and recommended that a sketch be provided to the City identifying the area that will be fenced before approval. After due discussion, a motion was made by Tom Kasner and seconded by John Greer to approve an amendment to Rookies Sports Bar’s liquor license application to allow the consumption of alcohol in the parking lot behind the attached garage for a special event to be held on Saturday, June 26th subject to the submittal of a sketch identifying the said area with final approval by the Police Chief.  All voted for the motion and it carried.  

 

David Drown, the City Financial Consultant with the firm of David Drown Associates, appeared before the Council to inform the Council that his firm received bids on behalf of the City for the sale of $1,245,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010B relating to financing the 2010 Capital Improvements.  Mr. Drown noted that as per the Council’s request, the bond sale amounts received were tax exempt and taxable (Build America Bonds) which also depicted potential savings between the two types of bonds. After due discussion, a motion was made by Daron Gersch who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2010-17

PROVIDING FOR THE ISSUANCE, SALE, AND DELIVERY

OF $1,245,000 TAXABLE GENERAL OBLIGATION PERMANENT

IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010B

(BUILD AMERICA BONDS), 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 THEREFORE; 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 Dennis Sand, Councilors Tom Kasner, 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. 

 

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 2009 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 John Greer and seconded by Tom Kasner to approve the said Audit.  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.

 

Councilor Jack Evens arrived for the meeting at 7:30 PM.

 

The Council took notice of the proposed final draft of Ordinance 80, the repeal and re-enactment of the Zoning Ordinance and official Zoning Map including a summary publication.  Councilor John Greer informed the Council that the Planning Commission held a public hearing on May 20th and recommended that the text and map be approved.  Mr. Greer also noted that a summary publication will be published in the local newspaper.  After due discussion, a motion was made by John Greer who introduced the following and moved its adoption:

 

REPEAL AND RE-ENACTMENT OF ORDINANCE 80, ZONING ORDINANCE

AND OFFICIAL ZONING MAP

 

RESOLUTION 2010-18

AUTHORIZING SUMMARY PUBLICATION

OF ORDINANCE 80 ZONING ORDINANCE AND OFFICIAL ZONING MAP

 

CITY OF ALBANY ORDINANCE 80-ZONING ORDINANCE

AND OFFICIAL ZONING MAP SUMMARY PUBLICATION

 

The motion for the foregoing 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 foregoing was declared duly passed and adopted.  The full text of the Zoning Ordinance, Official Zoning Map, and Summary Publication is on file at the office of the City Clerk/Administrator for public inspection during normal office hours. 

 

The Council took notice of the following license renewals:

 

Cigarette License:  Rookies Sports Bar, Albany Golf Club, Amby’s Foods, Don’s I-94, Freeway Liquor, The Well Saloon, Albany Tesoro, and Paul’s Par-A-Dice.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to approve the aforementioned licenses.  Voting for the motion were Councilors Daron Gersch, Jack Evens, and John Greer and none voted against.  Councilors Dennis Sand and Tom Kasner 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, Jack Evens, and John Greer and none voted against.  Councilor Tom Kasner abstained and the motion carried.

 

Mr. Hanson updated the Council on the 2009 and 2010 Capital Improvement Projects.

 

Councilor Jack Evens, Albany Golf Club Liaison, updated the Council on the course operations and improvements.   Mr. Kasner informed the Council that number two fairway which parallels Interstate 94 continues to be flooded during rainfall events due to the ditch within the Minnesota Department of Transportation (MN DOT) right of way for Interstate 94 being overgrown with weeds/grasses preventing the storm water from flowing in the ditch.   Mayor Dennis Sand, with the consensus of the Council, directed the City Clerk/Administrator to contact the folks at the MN DOT to request action taken to clean the Interstate 94 ditch to alleviate the flooding on the course.

 

Councilor Daron Gersch excused himself from the meeting at 8:10 PM.

 

Mr. Schneider informed the Council that the Albany Area Jaycees submitted a request to allow the display of fireworks at the Albany Golf Club for the area known as the driving range for Heritage Day, Saturday, July 31st. After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to approve the aforesaid request contingent upon the following: receipt of certificate of liability insurance, proof of workers compensation submitted by the company igniting the fireworks display, and upon the Albany Area Jaycees helping with cleanup or any other volunteers.  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.

 

The Council took notice of a written resignation request submitted by Ryan Scherping as a Park Board member being his employment will no longer allow him to attend evening meetings.  Mr. Schneider informed the Council that Mr. Scherping’s term ends December 31, 2011. After due discussion, a motion was made by Dennis Sand and seconded by Jack Evens to accept the letter of resignation from Mr. Scherping.  All voted for the motion and it carried.  Mayor Dennis Sand instructed Mr. Schneider to publish a notice in the local newspaper seeking any qualified individuals residing in the community to serve the remaining term on the Park Board.

 

The Council took notice of a petition for vacation of alley right of way submitted by Patricia Winter, 1011 6th Street and Mike S. Stenlund, 950 7th Street North.   Mr. Schneider noted that the petition is in proper form including legal descriptions describing both alley vacation right of way.   Mr. Schneider also noted that the City will retain a drainage and utility easement over, under and across that part of the vacated alley dedicated in Haberman’s First Addition to Albany, Stearns County, Minnesota, according to the recorded plat thereof, bounded as follows:

 

- On the North by the northeasterly extension of the northwesterly line of Lot 1, Block 1, said HABERMAN’S FIRST ADDITION TO ALBANY.

 

- On the South by the easterly extension of the south line of Lot 1, Block 1, said HABERMAN’S FIRST ADDITION TO ALBANY.

 

          After due discussion, a motion was made by John Greer and seconded by Tom Kasner to accept the aforementioned petition for vacation of both alley right of way.  All voted for the motion and it carried.

 

          After due discussion, a motion was made by Jack Evens who introduced the following and moved its adoption:

 

RESOLUTION NO. 2010-19

A RESOLUTION SETTING A PUBLIC HEARING ON A PETITION

FOR VACATION OF ALLEY RIGHT OF WAY

(Wednesday, July 7th, at 6:30 PM, at Albany City Hall, 400 Railroad Avenue)

 

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 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. Schneider presented to the Council a permanent public right of way, drainage and utility easement executed by Patricia Winter, 1011 6th Street, for purposes over, under, and across that part of Lot 1, Block 1, Haberman’s First Addition to Albany.   Mr. Schneider informed the Council that the City Engineer prepared a legal description that describes the said easement which is currently designated as 7th Street North.  Mayor Sand, with the consensus of the Council, executed the aforementioned on behalf of the City and directed Mr. Schneider to record the easement at the Stearns County Recorder’s Office.

 

Mayor Dennis Sand noted the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, July 7, 2010 and adjourned the meeting at 8:30PM.   

 

Tom Schneider

Clerk/Adm.

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