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MARCH 7, 2007,
CITY COUNCIL MEETING MINUTES
MARCH 21, 2007,
CITY COUNCIL MEETING
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, March 7, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Jamie Thelen, Councilors Dennis Sand,
James Beuning, Tom Kasner, and John Greer. None were absent.
James Stueve, Police Chief, Mike Kosik, Editor, Stearns Morrison
Enterprise, Paul Strong, and Kaila Savage, were present for the
meeting.
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 57362 to 57410 and 12344 to 12355. 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 February 21st and hearing none
declared them approved.
The Council took notice of Pay Application No. 9 for the Water Treatment
Plant Improvements submitted by Robert L. Carr,
Marshall,
MN and
recommendation of approval thereof from Mark Wallis, the City
Engineer. After due discussion, a motion was made by John Greer and
seconded by Jamie Thelen to approve Pay Application No. 9 in the
amount of $151,052.85. Voting for the motion were Mayor Jamie
Thelen, Councilors James Beuning, Tom Kasner, and John Greer.
Councilor Dennis Sand voted against and the motion carried.
Mayor Jamie Thelen, Albany Golf Club Liaison, presented to the Council the
2007 budget, green fees, and other miscellaneous information
relating to the operations of the said Club.
The Council took notice of a letter
the City received from MN DOT informing the City that they have
received the City’s request to terminate a Rail Bank Lease, a
two-year lease ($830) that the Albany Golf Course paid in the past
for off street parking, that posts and cables will be installed
along the State Rail Bank property preventing vehicle parking in
this area. Mayor Jamie Thelen noted that the Board of Directors of
the Club has elected not to renew the said Lease and believe that
the area is not exclusively used by golf course patrons. Mr. Sand
noted that having cables between the posts is a liability concern in
a highly traveled pedestrian area adjacent to the Lake Wobegon Trail
and objects to MN DOT’s idea of posts and cables. After due
discussion, a motion was made by Dennis Sand and seconded by Tom
Kasner to direct the City Clerk/Administrator to contact the
Director of the Stearns County Parks Department and area
representatives objecting to MN DOT’s proposal of posts and cables
in this parking area. All voted for the motion and it carried.
Mr. Schneider presented to the Council a proposed Ordinance that would
declare a moratorium on the installation of biomass fuel burning
stoves, heating units, and the installation of storage bins in the
City of
Albany.
Mr. Schneider noted that many cities are experiencing negative
issues such as smoke when homes are in proximity or close together
which cause environmental concerns for individual’s health. After
due discussion, a motion was made by Dennis Sand who introduced the
following Ordinance and moved its adoption:
ORDINANCE 2007-01
INTERIM ORDINANCE DECLARING A MORATORIUM ON THE
INSTALLATION OF BIOMASS FUEL BURNING STOVES AND
HEATING UNITS AND THE INSTALLATION OF BIOMASS FUEL
STORAGE BINS IN THE CITY OF
ALBANY
The motion for the
foregoing Ordinance 2007-01 was seconded by John Greer 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 Ordinance was declared
duly passed and adopted. The full text of the aforesaid Ordinance
67 is on file at the office of the City Clerk/Administrator for
public inspection during normal office hours.
Mayor Jamie Thelen announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, March 21, 2007 and adjourned the meeting at 7:15 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, March 21, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Jamie Thelen, Councilors Dennis Sand,
James Beuning, Tom Kasner, and John Greer. None were absent.
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 John Greer to
authorize the payment of the following bills:
Check Numbers 57411 to 57449 and 12356 to 12369. 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 March 7th and hearing none
declared them approved.
Mark Wallis, the City Engineer, with
the firm of Bonestroo, Rosene, Anderlik, Associates, St. Paul, MN,
appeared before the Council to update the Council on the
construction progress of the Water Treatment Plant, change order
number three, and to discuss Pay
Application No. 10 for the said Improvements submitted by Robert L.
Carr,
Marshall,
MN. Mr.
Wallis noted that the said Change Order includes the relocation and
addition of a butterfly valve on the high and low zone discharge
line. Mr. Wallis also noted that the contractor is approximately
ten weeks behind scheduled and estimated cost for additional
engineering to be $40,000. Mayor Jamie Thelen, with the consensus of
the Council, directed the City Engineer to include a deduction for
liquidated damages on future pay applications after April 5th,
the substantial completion date. After due discussion and upon the
recommendation from Mr. Wallis, a motion was made by Dennis Sand and
seconded by Tom Kasner to approve Pay Application No. 10 in the
amount of $419,845.85 and change order number three in the amount of
$6,133.00. All voted for the motion and it carried.
Sean Artley, owner of Paul’s Par-A-Dice, appeared before the Council to
discuss the nudity incident that occurred a week or so ago and
potential actions against the bartender(s) if such activities occur
in the future.
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
March 19th on a request by Roger Dowell, owner of the Albany
Business and Industrial Park, for a text amendment to the Zoning
Ordinance, Section 80.11, Subdivision 17 (e) to increase the maximum
distance within 100 feet of right of way of Interstate 94 to allow
off premises signs. Mr. Greer noted that Co. Rd. #156 abuts
Interstate 94 (I-94) right of way and if the aforesaid request is
approved, it would permit two billboards (off premises signs) to be
erected on Lot 3, Block 5, Albany Business and Industrial Park.
After due discussion and upon the Planning Commissions
recommendation, a motion was made by Dennis Sand who introduced the
following Zoning Ordinance Amendment:
AMENDMENT TO ORDINANCE 80
ZONING REGULATIONS
The City Council for the City of
Albany HEREBY ORDAINS:
1. That Section 80.11,
Subd.17 (e) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“c) Off premise signs
located within 100 feet of the right of way of Interstate Highway 94
or within 100 feet of county road right of way that is abutting and
parallel to Interstate Highway 94. The maximum area of each sign
face shall not exceed 672 square feet including border and trim but
excluding base and apron supports and other structural members. The
maximum size limitation shall apply to each side of a sign
structure. Signs may be placed back to back, side by side or in a
V-type construction, but not more than two displays to each facing
and no stacking of sign faces. Every off premise sign shall be
erected at least 500 feet from any other off premise sign or any
other such advertising device on the same side of the highway. Off
premise signs may not be installed to a height greater than 30 feet
measured from the top of the sign.”
2. This Ordinance shall be
effective upon publication.
This Ordinance was approved by the
majority of the City Council of Albany on this 21st day
of March, 2007.
_____________________ _____________________________
Jamie Thelen, Mayor
Tom Schneider, Clerk/Administrator
( S E A L )
The motion for the
foregoing Ordinance amendment was seconded by John Greer and after a
full discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Councilors Dennis Sand, Tom
Kasner, and John Greer. Mayor Jamie Thelen voted against the same;
whereupon the said Ordinance amendment was declared duly passed and
adopted.
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
March 19th on a
request by the Planning Commission to consider an amendment
to Ordinance 80 Zoning regulations that would prohibit exterior
grain bin structures as an accessory building in all residential
districts. (R1, R2, R3, R4, R5).
Mr. Greer noted that there are residential homes within the C1-Core
Commercial Zone and that this zone should be considered in the
proposed amendment. After due discussion, a motion was made
by John Greer who introduced the following Zoning Ordinance
amendment:
AMENDMENT TO ORDINANCE 80
ZONING REGULATIONS
The City Council for the City of
Albany HEREBY ORDAINS:
1. That Section 80.14,
Subd. 2(a) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“a) A detached garage or accessory building, not exceeding
1,200 square feet in area. Exterior grain
bin structures of any size, excluding traditional wildlife feeder grain
bins, are not a permitted accessory building.”
2. That Section 80.15,
Subd. 2(a) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“a) A detached garage or accessory building, not exceeding
1,200 square feet in area. Exterior grain
bin structures of any size, excluding traditional wildlife feeder grain
bins, are not a permitted accessory building regardless of their
size.”
3. That Section 80.16,
Subd. 2(b) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“b) A detached garage or accessory building, not exceeding
1,200 square feet in area for the first dwelling unit plus 480
square feet for each additional dwelling unit. Exterior
grain bin structures of any size, excluding traditional wildlife
feeder grain bins, are not a permitted accessory building.”
4. That Section 80.17,
Subd. 2(b) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“b) A detached garage or accessory building, not exceeding
1,200 square feet in area for the first dwelling unit plus 480
square feet for each additional dwelling unit.
Exterior grain bin structures of any size,
excluding traditional wildlife feeder grain bins, are not a
permitted accessory building.”
5. That Section 80.18,
Subd. 5(i)(1) of the Albany City Code of Ordinances is hereby
amended to read as follows:
“1. Density and Size.
Accessory buildings, including garages, shall be limited to one per
manufactured home lot and shall not exceed 100 square feet in floor
area. Exterior grain bin structures of
any size, excluding traditional wildlife feeder grain bins,
are not a permitted accessory building.”
6. That Section 80.19,
Subd. 3(c) of the Albany City Code of Ordinances is hereby amended
to read as follows:
“c) Accessory buildings and
uses customarily incidental to the principal use. Exterior
grain bin structures of any size, excluding traditional wildlife
feeder grain bins, are not a permitted accessory building.”
7. This Ordinance shall be
effective upon publication.
This Ordinance was approved by the
majority of the City Council of Albany on this 21st day of March,
2007.
_____________________ ____________________________
Jamie Thelen, Mayor
Tom Schneider, Clerk/Administrator
( S E A L )
The motion for the
foregoing Ordinance amendment was seconded by Tom Kanser 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 and none voted against the
same; whereupon the said Ordinance amendment was declared duly
passed and adopted.
Mr. Mergen appeared
before the Council to update the Council on the 6th
Street and 3rd Avenue Improvements. Mr. Mergen noted
that MN DOT had reviewed the Plans and Specifications with comments
for the aforesaid improvements and the City Engineer will provide MN
DOT with information to satisfy the comments; whereby the next step
is for the Stearns County Highway Department to advertise for bids.
Councilor Dennis Sand, Park Board Liaison, informed the Council that Ryan
Scherping,
205 Park Court,
submitted his name as a potential candidate for the City’s Park
Board which would replace the position formally held by Cindy Dirkes
who resigned after serving 22 years on the Board. After due
discussion, a motion was made by Dennis Sand and seconded by Tom
Kanser to appoint Ryan Scherping as a Park Board member for the
remaining two years of a three-year term ending December 31, 2008.
All voted for the motion and it carried.
The Council took notice of a Minnesota Lawful Gambling Exempt Permit
Application submitted by the Church of Seven Dolors for their annual
Church Bazaar to be held on Saturday, August 5th which
activities include bingo, pull tabs, paddlewheels, and raffles.
After due discussion, a motion was made by Tom Kasner and seconded
by John Greer to approve the said Application. All voted for the
motion and it carried.
Mayor Jamie Thelen announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, April 4, 2007 and adjourned the meeting at 8:10 PM.
Tom Schneider
Clerk/Adm. |
