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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. |