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WEDNESDAY, MAY 6, 2009, CITY COUNCIL MEETING MINUTES

 

WEDNESDAY, MAY 13, 2009, SPECIAL COUNCIL MEETING MINUTES 

 

WEDNESDAY, MAY 20, 2009, CITY COUNCIL MEETING AGENDA

 

WEDNESDAY, MAY 20, 2009, CITY COUNCIL MEETING MINUTES

 

WEDNESDAY, MAY 6, 2009, BOARD OF REVIEW MEETING MINUTES

 

Pursuant to due call and notice thereof a regular meeting of the Board of Review in and for the City of Albany, Stearns County, Minnesota, was called to order by Mayor Dennis Sand at 6:00 o’clock in the evening on Wednesday, May 6, 2009, in the Council Room at 400 Railroad Avenue for the said City.

 

               Other members present were:  Councilors Daron Gersch, Jack Evens, Tom Kasner, and John Greer. None were absent.

 

Jeff Johnson, Stearns County Appraiser, the City Assessor, was present for the meeting.

 

               Pat and Carol Cattarin, owners of the Albany Golf Vistas subdivision, appeared in person to appeal the property assessment for all vacant lots and two unsold homes within the new subdivision.  Mr. Cattarin informed the Board that he has a signed purchase agreement on one home and an offer for the other; whereby both sale prices are nearly 30% below the estimated market value.   Mr. Cattarin requested the Board consider a reduction of 30% or more on all parcels within his subdivision due to the lack of activity and/or interest from prospective buyers in his subdivision.  Mr. Johnson noted that a new law was passed that does not give vacant lots within subdivisions plat deferral status which upon transfer of ownership the lots are recorded as full market value.  Mr. Johnson informed the Board that the plat deferral is being discussed in the current legislative session and changes may be forthcoming which would truly help developers throughout Minnesota.     Councilor Jack Evens noted that he would support a reduction similar to what other properties have received due to neighboring activities which adversely affect a property or a bit higher.  Councilor Tom Kasner also noted that there’s been little activity in sales within the subdivision the past two years and would recommend nearly a 15% reduction in market value.  After due discussion and careful consideration, a motion was made by Daron Gersch and seconded by John Greer to approve a market value reduction of 10% on parcels 40.25901.0000 through 40.25901.0026 for the 2009 estimated market value.  Voting for the motion were Mayor Dennis Sand, Councilors Daron Gersch, Jack Evens, and John Greer.  Councilor Tom Kasner voted against and the motion carried.

 

               Rod Gerads, 116 Schwinghammer Drive, appeared in person to appeal his 2009 property assessment value for parcel number 40.25655.0076.  Mr. Gerads informed the Board he paid $55,000 for the vacant lot and the proposed estimated market value is $61,800 which is too high.   Mr. Johnson informed the Board that the assessment period is from October 1, 2007 through September 30, 2008 and that three sales within this period in this subdivision sold for more than the market value he had given each lot.   Mr. Johnson noted that Mr. Gerads purchased his lot in December 2008 which was not recognized within the timeframe of the assessment period.  After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to reduce the 2009 estimated market value from $61,800 to $58,400 based on sale price and market.  All voted for the motion and it carried.

 

Mayor Dennis Sand adjourned the meeting at 7:10 PM.

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, MAY 6, 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 7:15 o’clock in the evening on Wednesday, May 6, 2009, in the Council Room at 400 Railroad Avenue for the said City.

 

               Other Council members present were: John Greer, Daron, Gersch, Tom Kasner, and Jack Evens.  None were absent. 

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Stan Hanson, P.E. Bonestroo, Inc., Mike Kosik, Editor, Stearns Morrison Enterprise, Jeff Eggert, Patrol Officer, and James Stueve, Police Chief.

 

After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to authorize the payment of the following: Check Numbers 59397 to 59448 and 13180 to 13205. 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 April 15th and hearing none declared the said minutes approved.

 

Richard Mareck, 740 7th Street, appeared before the Council to present potable water samples he collected from his filter system at his residence which depicted the water to be reddish in color. Mr. Mareck noted that his filter is changed more frequently since the new Water Treatment Plant went on-line and questioned the quality of the potable water.   Mr. Mergen informed the Council that water samples are taken daily at the Water Treatment Plant and submitted to the Minnesota Department of Health on a regular basis and no irregular samples have been observed.   Mr. Gersch informed Mr. Mareck that he should take a sample of water at the first point of entry to his residence and not the water within the filter canister that already has traveled through the plumbing system.   Mayor Dennis Sand thanked Mr. Mareck for attending the meeting and to report his findings to the Council when completed with his water samples and directed Mr. Mergen to contact Mark Wallis, the City Engineer for the construction of the Water Treatment Plant for any additional information that may provide answers to the aforesaid issues brought forward by Mr. Mareck.

 

David Drown, David Drown Associates, appeared before the Council to present information relating to the City financing the 2009 Golf View and Fairway Drive Street Improvements.   After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2009-014

PROVIDING FOR THE COMPETITIVE NEGOTIATED

SALE OF $835,000 GENERAL OBLIGATION PERMANENT

IMPROVEMENT REVOLVING FUND BONDS, SERIES 2009A

(2009 GOLF VIEW DRIVE AND FAIRWAY DRIVE

STREET IMPROVEMENTS)

 

The motion for the foregoing Resolution was seconded by Jack Evens 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. Hanson appeared before the Council to discuss the proposed Stearns County Road 157 (Railroad Avenue) ditch cleaning maintenance project.  Mr. Hanson informed the Council that the project consists of redefining the ditch and reshaping the side slopes for safety purposes along the roadway; whereby the City will maintain the ditch during the growing season.  Mr. Hanson noted that the City would provide to the County a topographical survey, layout a proposed grading and erosion control plans, quantify construction items, and manage all permits requirements from the County and State.  Mr. Hanson also noted that the estimated cost for Bonestroo to provide the aforementioned services would be approximately $6,000, but additional costs to be incurred by the City will be stabilizing the site, erosion control protection, seeding, rip rap, storm sewer outlets, a culvert for a trail crossing, and possible extending existing storm pipes which said additional costs would be quantified in Bonestroo’s plan.  After due discussion, a motion was made by John Greer and seconded by Daron Gersch to authorize Bonestroo to prepare the necessary engineering documents as mentioned above for the County to review at an estimated cost not to exceed $6,000.  All voted for the motion and it carried.

 

The Council took notice of a memo drafted by Matt Mohs, City Engineer with Bonestroo, Inc., relating to an on-site meeting held with the general contractor and sub-contractor to discuss the defective striping on 6th Street (County Road 53) and how the striping issue will be corrected.  Mr. Hanson informed the Council that the City will request the warranty to be extended once the striping is completed.

 

Ralph Linn, 1030 Court Avenue, was present for the meeting.

 

Councilor John Greer, Planning Commission Liaison, informed the Council that pursuant to a duly held public hearing before the City’s Planning Commission on April 23rd, the Planning Commission approved a request by Ralph Linn, 1030 Court Avenue, for a variance to relax the front yard requirement of twenty-five (25) feet to allow for the construction of a roof over an existing deck which includes a portion to be screened within an R2 Zone. After due discussion, a motion was made by John Greer and seconded by Tom Kasner to approve the aforementioned variance request as per the following:

 

-        Twenty five (25) feet front yard set back be reduced to eighteen (18) feet.

-        Structure is defined as non-conforming having been constructed prior to Zoning Ordinance.

-        Interior layout of home prevents new deck on south side of home.

-        Screened in porch will “not” protrude any farther north than existing house line.

-        Existing deck will be maintained and only a roof or overhang to cover deck for that portion that protrudes beyond the house line, but not to be enclosed.

-        No adverse impacts to City easements and services.

-        Side yard set back of ten (10) feet will be met.

 

All voted for the motion and it carried.

 

The Council took notice of a proposed amendment to Ordinance 41.07 Landscaping in the public right of way for review.  Mr. Schneider noted over the past several years, the Council has approved reconstruction projects as per the City’s Capital Improvement Plan; whereby many property owners throughout the years have planted shrubs, flowers, and installed retaining wall block, fences, within the public right of way which has caused significant problems for the City when reconstructing a street.  Mr. Evens noted that he does not oppose residents planting flowers or other low growing landscaping around utility boxes and/or mailboxes which improves the image of the property significantly. Mr. Greer noted that the expense for the removal of those landscaping items will be borne by the property owner and not the City.  Mayor Dennis Sand, with the consensus of the Council, directed Mr. Schneider to redraft the proposed amendment and present it at the next Council meeting for review and consideration.

 

The Council took notice of a request by the Albany Lions Club to conduct a raffle at the Heritage Day celebration on August 1st for the purpose of supporting community projects and individual requests.  After due discussion, a motion was made by Tom Kasner who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2009-013

APPROVING MINNESOTA

OFF-SITE LAWFUL GAMBLING

(Albany Lions Club)

 

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 Tom Kasner, Jack Evens, Daron Gersch, 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.

 

 Councilor Jack Evens, 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 Jack Evens and seconded by Daron Gersch to authorize the payment of the following bills: Check Numbers 33118 to 33275. Voting for the motion were Councilors Daron Gersch, Jack Evens, and John Greer and none voted against. Mayor Dennis Sand and Councilor Tom Kasner abstained and the motion carried.

 

The Council took notice of a public hearing notice received from the Stearns County Planning Commission for comments relating to a plat entitled “Trestle Ridge Two consisting of seven residential lots and six outlots for non-residential or agricultural purposes submitted by Wobegon Development Group (Paul Eisenschenk, St. Joseph, MN) on behalf of Joseph and Janel Schiffler, Albany, MN.   No action was taken by the Council.

 

Mr. Schneider presented to the Council a request for a donation of $550 from the Initiative Foundation, Little Falls, MN, to support their mission and work providing leadership training and support to citizens who wish to engage in important proactive work of improving the quality of life in and around the area including the City of Albany.  Mayor Dennis Sand, with the consensus of the Council, directed payment of the aforesaid amount to the Initiative Foundation. 

 

Mayor Dennis Sand announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, May 20, 2009 and adjourned the meeting at 9:20 PM.  

 

Tom Schneider

 Clerk/Adm.  

 WEDNESDAY, MAY 13, 2009, SPECIAL COUNCIL MEETING MINUTES

 

               Pursuant to due call and notice thereof a SPECIAL 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, May 13, 2009, in the Council Room at 400 Railroad Avenue for the said City.

 

               Other Council members present were: John Greer, Daron, Gersch, Tom Kasner, and Jack Evens.  None were absent. 

 

Also present were:  Tom Schneider, Clerk/Adm., and Stan Hanson, P.E. Bonestroo, Inc.,

 

Mr. Hanson presented to the Council the following bids that were publicly opened at City Hall on Tuesday, May 12th, at 10:00 o’clock in the morning for the 2009 2nd Street and Railroad Avenue Storm Sewer Improvements:

 

Contractor                                                         Base Bid 

Molitor Excavating                                          $41,942.00

Lange Trenching, Inc.                                       $42,118.38

Kramer Trucking & Excavating, Inc.              $42,992.48

C & L Excavating, Inc.                                     $49,051.10

Sunblad Construction, Inc.                                             $55,703.05

Central Specialties, Inc.                                   $57,453.00

 

Mr. Hanson noted that his estimate for the base bid or construction was $58,000 and recommended to the Council that the low bid received from Molitor Excavating in the amount of $41,942 be approved.  After due discussion, a motion was made by Daron Gersch and seconded by Tom Kasner to approve the aforesaid low bid received from Molitor Excavating contingent upon the Minnesota Department of Transportation (MN DOT) approval.

 

Mayor Dennis Sand adjourned the meeting at 6:45 PM.  

 

Tom Schneider

 Clerk/Adm.

 

WEDNESDAY, MAY 20, 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, May 20, 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 6th and May 13th

 

4.                Open Forum/Public comments

 

5.                Steve Blenker, Emergency Management Director – update on spring emergency management meeting with utility and emergency agencies serving the community

 

6.                David Drown, David Drown Associates – resolution approving the issuance of 2009A PIR Bonds ($835,000) for the 2009 Golf View and Fairway Drive Improvements and related information.

 

7.                Stan Hanson, City Engineer - update on-going public improvement projects

 

8.                Public hearing – amendment to Ordinance 81.13, Park Dedication fee commercial and industrial developments

 

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 – Heritage Day parade permit and large gathering permit

 

17.             Mayor’s announcements and letters

 

18.             Announce meeting date (June 3rd) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, MAY 20, 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, May 20, 2009, in the Council Room at 400 Railroad Avenue for the said City.

 

               Other Council members present were: John Greer, Tom Kasner, and Jack Evens.  Daron Gersch arrived at 6:45 PM. None were absent. 

 

Also present were:  Tom Schneider, Clerk/Adm., Stan Hanson, P.E. Bonestroo, Inc., and James Stueve, Police Chief.

 

After due discussion, a motion was made by Tom Kasner and seconded by John Greer to authorize the payment of the following: Check Numbers 59449 to 59486 and 13206 to 13219. 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 6th, May 6th Board of Review, May 13th Special meeting and hearing none declared the aforesaid said minutes approved.

 

Richard Mareck, 740 7th Street, appeared before the Council to inform the Council that he had taken potable water samples from various locations within his home and submitted samples to a certified testing laboratory; whereby the final lab results or report will be completed in a day or so.  Mayor Dennis Sand informed Mr. Mareck that he may forward the final results to the City for review, then discussed at the next meeting.

 

Steven Blenker, the City’s Emergency Management Director, appeared before the Council to update the Council on the City’s preparedness in the event of a disaster within the City.  Mr. Blenker informed the Council that a meeting was held at City Hall a week ago with several utility companies, Police Chief, Fire Chief, Public Works Department, Stearns County Emergency Management, school, hospital and nursing home staff to discuss preparedness and emergency response for issues that will affect health, safety, and welfare of the public.  

 

Mr. Gersch arrived for the meeting at 6:45 PM.

 

David Drown, 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 $790,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2009A relating to financing the 2009 Golf View and Fairway Drive 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 John Greer who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2009-015

PROVIDING FOR THE ISSUANCE, SALE, AND DELIVERY OF

$790,000 TAXABLE GENERAL OBLIGATION PERMANENT IMPROVEMENT

REVOLVING FUND BONDS, SERIES 2009A, (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 THEREFOR;

AND AWARDING THE SALE THEREOF

 

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 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. Hanson appeared before the Council to update the Council on the various construction improvements within the City.  Mr. Hanson noted that he and Mr. Mergen have been researching ideas on how to correct several street failures or settlement adjacent to storm sewer catch basins in various residential subdivisions.   Mr. Hanson informed the Council that the street and storm sewer failures are due to a severe spring thaw/freeze cycle that caused ground water to be trapped adjacent to the storm sewer pipe and catch basin which also occurred in other nearby cities. Mr. Hanson noted that he received a bid from a contractor to correct the aforesaid problem in an amount of $18,429; whereby the storm sewer pipe supplier has agreed to pay $11,846, the contractor and City would share the expense of the remaining amount.  Mr. Hanson also noted that the City’s share could be less if some corrections are not required on the storm sewer structures. After due discussion, a motion was made by Daron Gersch and seconded by Tom Kasner to accept the City’s share to correct the street and storm sewer problems in an amount not too exceed $3,300.  All voted for the motion and it carried.

 

Pursuant to due notice, at 7:35 PM, Mayor Dennis Sand opened the public hearing to consider an amendment to the Subdivision Ordinance, Section 81.13, Subd. 1 (b) relating to Park Dedication fees for commercial or industrial developments.  No members from the public were present for the meeting and no written comments were received.  Mr. Schneider informed the Council that the proposed amendment will still require developers to pay a Park Dedication fee similar to previous years because the ultimate goal is to encourage commercial and industrial development without requiring developers to pay substational Park dedication fees being the development is much different than residential subdivisions. Mr. Greer noted that the Planning Commission recommended approval of the proposed aforesaid amendment.  Mr. Schneider also noted that a re-plat of previously platted properties shall not be subject to the dedication requirement or cash in lieu thereof, provided the re-plat will not result in a change of use from commercial or industrial to residential and will not result in a greater density of uses from the original plat.  Mayor Dennis Sand closed the public hearing at 7:35PM.  After due discussion, a motion was made by John Greer who introduced the following ordinance amendment and moved its adoption:

 

AMENDMENT TO ORDINANCE 81.13

REGARDING FEES IN LIEU OF PARK DEDICATION

(Commercial or industrial development: $500 per acre)

 

The motion for the foregoing Resolution was seconded by Jack Evens 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. The full text of the said Amendment is on file at the office of the City Clerk/Administrator for public inspection during normal office hours.

 

Mr. Schneider informed the Council on all the activities scheduled for Heritage Day which will be held on Saturday, August 1st which includes a Parade and 5K Run/Walk similar to past years with the event to occur at 400 Railroad Avenue.   Mr. Schneider also noted that the Chamber of Commerce submitted a Large Gathering Permit for the event.  After due discussion, a motion was made by Jack Evens and seconded by Tom Kasner to approve the MN DOT Parade and 5K Run/Walk permit. 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 3, 2009 and adjourned the meeting at 8:05 PM.  

 

Tom Schneider

 Clerk/Adm.  

 

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