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NOVEMBER 2008

WEDNESDAY, NOVEMBER 5, 2008, CITY COUNCIL MEETING AGENDA

WEDNESDAY, NOVEMBER 5, 2008, CITY COUNCIL MEETING MINUTES

 WEDNESDAY, NOVEMBER 19, 2008, CITY COUNCIL MEETING AGENDA

WEDNESDAY, NOVEMBER 19, 2008, CITY COUNCIL MEETING MINUTES

 

NOTICE OF ALBANY CITY COUNCIL MEETING

 

               There will be a joint meeting of the City Council and Park Board in and for the City of Albany, Stearns County, Minnesota at 6:30 o’clock in the evening on Wednesday, November 5, 2008, 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 October 15th

 

4.                Public comments/discussion

 

5.                Lucy Thomas, Head Election Judge  - present General and Municipal Election results

 

6.                Albany Mutual Telephone Association – request for placement of antennas on Water Tower and related lease agreement

 

7.                Matt Mohs, City Engineer – present preliminary engineering report for Golf View Drive and Fairway Drive

-        discuss proposed MN DOT pre-application for Transportation Enhancement Funding relating to mainstreet beautification improvements

-        2008 Capital Improvements pay application number 3

-        update on various City improvement projects

 

8.                Joseph Mergen, Public Works Supervisor  - present MN DOT snow removal agreement for State HWY 238 (mainstreet) and agreement with Custom Waste Irrigation,  Inc. for snow removal

-        present bid results received for surplus property (1981 Ford Snow Plow)

 

9.                Dennis Sand, Park Department & EDA

 

10.             James Beuning, Utility Department and Equipment

 

11.             Tom Kasner, Fire Department

 

12.             Jack Evens, Golf Club – present golf club check register

 

13.             John Greer, Street Department & Police Department

 

14.             James Stueve, Police Chief

 

15.             Tom Schneider, Clerk/Adm

 

16.             Mayor’s announcements and letters

 

17.             Announce meeting date (November 19th) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, NOVEMBER 5, 2008, 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, November 5, 2008, in the Council Room at 400 Railroad Avenue for the said City.

 

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

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Mike Kosik, Editor, Stearns Morrison Enterprise, Rosie Granheim, student, and Stan Hanson, City Engineer, Bonestroo, Inc, St. Cloud, MN.    

 

After due discussion, a motion was made by John Greer and seconded by
James Beuning to authorize the payment of the following: Check Numbers 58934 to 58980 and 12970 to 13021. 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 October 15th and hearing none declared the said minutes approved.

 

Mr. Hanson appeared before the Council to discuss a proposed pre-application to the Minnesota Department of Transportation (MN DOT) for Federal Transportation Enhancement Funding relating to eligible streetscape improvements which include but not limited to pedestrian, bicycle safety, landscaping and other scenic beautification improvements that may be considered for Railroad Avenue (State HWY 238) or mainstreet.   Mr. Hanson noted that Railroad Avenue has been identified in the City’s Capital Improvement Plan to be reconstructed in the year 2013.  Mr. Hanson also noted that this funding program would require the City to pay a minimum twenty percent of the eligible improvements and that the said application is due on or before January 16th.   Mr. Hanson presented other improvements that may be considered along Church Avenue, 8th Street south of the intersection of 8th Street and Railroad Avenue, and the storm water ditch south of County Road 157 east of 13th Street. Mr. Evens noted that the City has been discussing proposed improvements to Railroad Avenue for many years and recommended that the City move forward with improvements for Railroad Avenue or mainstreet.  Mr. Hanson informed the Council that MN DOT has plans to mill and overlay Railroad Avenue in the year 2014, but would not recommend the street surface improvements until the water and sewer mains are updated beneath the street being the utilities are very old and deteriorating.  After due discussion, a motion was made by John Greer and seconded by James Beuning to authorize the firm of Bonestroo to proceed to prepare the necessary application to MN DOT for the aforesaid funding program at a cost not to exceed $3,000 which include Railroad Avenue or mainstreet.  All voted for the motion and it carried.

 

Mr. Hanson presented to the Council pay application number three for the 2008 Capital Improvements submitted by R.L. Larson Excavating, Inc., St. Cloud, MN.  After due discussion and upon the recommendation by the City Engineer, a motion was made by Tom Kasner and seconded by Jack Evens to approve said pay application in the amount of $103,831.18.  All voted for the motion and it carried.

 

Paul Vershure, appeared before the Council on behalf of the Albany Mutual Telephone Association, to request approval to allow the installation of three antennas to be placed on the top of the City’s Water Tower.   The Council took notice of a proposed lease agreement between the City and Albany Mutual Telephone Agreement which includes a fee of $300 per month per antenna.   Mr. Vershure informed the Council that Albany Mutual Telephone will be constructing its own wireless network that will be capable of providing local and national cellular service similar to what they are currently offering and the antennas on the water tower will help provide the cellular services in the Albany area. After due discussion, a motion was made by Jack Evens and seconded by Tom Kasner to authorize the Mayor to execute the said Agreement on behalf of the City for a period of three years or if Albany Mutual Telephone considers less, the monthly rate may increase. Voting for the motion was Mayor Dennis Sand, Jack Evens, Tom Kasner, and John Greer, and none voted against.  Councilor James Beuning abstained and the motion carried.

 

Mr. Mergen presented to the Council the proposed snow removal agreement between the City and State of Minnesota relating to Railroad Avenue (State HWY #238).  Mr. Mergen noted that the State will reimburse the City for snow removal for a specific area on Railroad Avenue which is designated as State HWY #238.  After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to authorize Mayor Dennis Sand to execute the said agreement at an hourly rate of $105 per hour reimbursement.  All voted for the motion and it carried.

 

Mr. Mergen also noted that Custom Waste Irrigation, Inc., Albany, MN, has submitted a quote for snow removal for Railroad Avenue or mainstreet for a two-year period.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to authorize the Mayor to enter into a two-year Snow Removal Agreement.  All voted for the motion and it carried.

 

The Council took notice of the following two bids that were publicly opened and read out loud at 3:00 o’clock in the afternoon on Friday, October 24th at City Hall for surplus property (1981 Ford 8000 Snow Plow):

 

                - Wells Concrete Products, Albany, MN         $3,500

                - Bruce Barton, Little Falls, MN                         $1,505

 

  After due discussion, a motion was made by James Beuning and seconded by John Greer to approve the bid submitted by Wells Concrete Products for the aforesaid snow plow vehicle.  All voted for the motion and it carried.

 

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 James Beuning to authorize the payment of the following bills: Check Numbers 32948 to 33050. Voting for the motion were Councilors James Beuning, Jack Evens, and John Greer and none voted against. Mayor Dennis Sand and Councilor Tom Kasner abstained and the motion carried.

 

Mr. Schneider presented to the Council information relating to the General and Municipal Election held on November 4th.  Mr. Schneider reported 1,265 persons were registered at 7:00 a.m., 248 new voter registrations were executed, and 111 absentee ballots received. Mr. Schneider also noted that the number of persons voting in the precinct was 1,171 and presented the following municipal election results:

 

                Dennis J. Sand, Mayor two-year term                              1,002

                Jack Evens, Council four-year term                                      851

                Daron Gersch, Council four-year term                                 793

               

After due discussion, a motion was made by James Beuning and seconded by John Greer to ratify the General and Municipal Election results including the aforementioned individuals for each specific office.  All voted for the motion and it carried.

 

Mr. Mergen recommended to the Council that the unpaid water bill at 201 8th Street be certified to the Stearns County Auditor to be collected as a special assessment in the year 2009 as per the Albany City Code, Ordinance 30. After due discussion, and upon the recommendation from Mr. Mergen, a motion was made by James Beuning and seconded by John Greer to certify the delinquent unpaid water bill at 201 8th Street in the amount of $177.86 to the Stearns County Auditor to be collected as a special assessment in the year 2009. 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, November 19, 2008 and adjourned the meeting at 7:55 PM.  

 

Tom Schneider

Clerk/Adm.

 

 

WEDNESDAY, NOVEMBER 19, 2008, 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, November 19, 2008, 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 November 5th

 

4.                    Public comments/discussion

 

5.                    Planning Commission recommendations pursuant to meeting held on November 17th

-          amendment to Land Use Plan map in the Comprehensive Plan

-          Ordinance 78.06, Subd. 6 Fuel Storage

-          amendment to Ordinance 80, Section 80.5, Subd. 2 (land use and structures)

-          Ordinance to regulate off-street parking of semi-trucks, extra long trailers in residential districts

 

6.                    Stan Hanson, City Engineer – present preliminary engineering report for the 2009 Capital Improvements (Golf View Drive/Fairway Drive – Blattner’s Golf View Estates)

 

7.                    Joseph Mergen, Public Works Supervisor  

 

8.                    Dennis Sand, Park Department & EDA

 

9.                    James Beuning, Utility Department and Equipment

 

10.                 Tom Kasner, Fire Department

 

11.                 Jack Evens, Golf Club

 

12.                 John Greer, Street Department & Police Department

 

13.                 James Stueve, Police Chief

 

14.                 Tom Schneider, Clerk/Adm – note that regular Council meeting on December 3rd rescheduled to December 2nd

 

15.                 Mayor’s announcements and letters

 

16.                 Announce meeting date (December 2nd) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, NOVEMBER 19, 2008, 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, November 19, 2008, in the Council Room at 400 Railroad Avenue for the said City.

 

                Other Council members present were: James Beuning, Tom Kasner, and John Greer.  Jack Evens arrived at 7:30 PM

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Mike Kosik, Editor, Stearns Morrison Enterprise, James Stueve, Police Chief, Matt Mohs, and Stan Hanson, City Engineers, Bonestroo, Inc, St. Cloud, MN.    

 

After due discussion, a motion was made by Tom Kasner and seconded by
James Beuning to authorize the payment of the following: Check Numbers 58981 to 59032 and 13022 to 13033. 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 November 5th and hearing none declared the said minutes approved.

 

Ron and Ami Ohmann, 821 Forest Avenue, and Randy Bromenshenkel, 1041 Forest Avenue, were present for the meeting.

 

Councilor John Greer, Planning Commission Liaison, informed the Council that pursuant to a duly held meeting of the Planning Commission held on November 17th, the Planning Commission recommended not to approve the request by Ron and Ami Ohmann to increase the amount of wood stored on a property from two cords to eight cords neatly stacked and covered during the heating season from October 1st through March 1st which would allow residents to offset high fuel costs by burning wood.  Mr. Greer informed the Council that the existing language in Ordinance 78.06, Subd. 6, Fuel Storage, is somewhat ambiguous and incorrectly defines two cords of wood.  Mr. Ohmann informed the Council that their home is heated exclusively with wood during the winter months.  Mr. Ohmann noted that there are other objects in the City that are of similar size as his wood pile which are stored outside.   Mr. Ohmann also noted that the wood pile is only stored on his property for a limited time and he has been burning wood at his residence for several years; whereby no issues were ever raised in the past.   After due discussion and careful consideration, a motion was made by John Greer who introduced the following Ordinance amendment and moved for its adoption:

 

AMENDMENT TO ORDINANCE 78

REGULATION OF FUEL STORAGE

 

                The City Council for the City of Albany, HEREBY ORDAINS that Section 78.06, Subd. 6, Fuel Storage, of the Albany City Code shall be amended to read as follows:

 

                Fuel Storage. Outdoor fuel storage is limited to eight cords of wood stored during the period October 1st through March 31st and one cord of wood from April 1st to September 30th. Other fuel sources are similarly limited to a volume not too exceed eight cords of wood and shall be set back ten (10) feet from side and rear property line, be neatly stacked, covered, split, and shall not be located in front yard.  Fuel may not be stored outside in or on a trailer, gravity box or similar mobile container, or in a vehicle.  Any structures constructed to contain or store fuel for Biofuel Burners must be constructed in accordance with applicable zoning regulations.

 

This amendment shall become effective upon adoption and publication. This Ordinance was approved by the majority of the City Council of Albany on this 19th day of November, 2008.

___________________                                                                    _____________________________

Dennis J. Sand, Mayor                                                                        Tom Schneider, Clerk/Administrator

 

The motion for the foregoing Ordinance amendment 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 James Beuning, Tom Kasner, and John Greer and none voted against the same.

 

Mr. Greer informed the Council that pursuant to a duly held public meeting of the Planning Commission held on November 17th, the Planning Commission recommended that the request by the City to amend the Land Use Plan map (Section 7.3, Figure 9) in the Comprehensive Plan by removing the area south of the Albany Business and Industrial Park as future residential to industrial development be approved.  Mr. Greer informed the Commission that the Land Use Plan Map depicted the area south of the Albany Business and Industrial Park (80 acres) or outside the current City limits as future residential use and with the new buildings and construction activities of Wells Concrete Products, a heavy industrial business; this area should be designated as future industrial use.  After due discussion, a motion was made by John Greer who introduced the following amendment to the Comprehensive Plan and moved its adoption:

 

AMENDMENT TO COMPREHENSIVE PLAN

DATED MAY 3, 2006

FUTURE LAND USE

(Section 7.3 and Figure 9)

 

The motion for the foregoing amendment was seconded by James Beuning and after a full discussion thereon and upon a vote being taken thereon, the following voted in favor thereof:  Mayor Dennis Sand, Councilors James Beuning, Tom Kasner, 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 business hours.

 

Mr. Greer also informed the Council that pursuant to a duly held public meeting of the Planning Commission held on November 17th, the Planning Commission recommended that the request by the City to amend Ordinance 80, Section 80.05, Subd. 2, Land Use and Structures, construction materials for structures be approved within residential districts. Mr. Schneider noted that this amendment would prohibit unfinished steel, galvanized sheet metal, ridged, or corrugated metal for an exterior covering within all residential districts. After due discussion, a motion was made by John Greer who introduced the following Ordinance amendment and moved its adoption:

 

 

AMENDMENT TO ORDINANCE 80

ZONING REGULATIONS

GENERAL REQUIREMENTS

“Section 80.05, Subd. 2”

 

The motion for the foregoing Ordinance amendment 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 James Beuning, Tom Kasner, and John Greer and none voted against the same.  The full text of the foregoing amendment is on file at the office of the City Clerk/Administrator for public inspection during normal business hours.

 

Mr. Greer also informed the Council that pursuant to a duly held meeting of the Planning Commission held on November 17th, the Planning Commission recommended approval of an Ordinance amendment regarding parking of semi-trailers, trucks, and truck tractors within residential districts.   Mr. Greer noted that the Police Department had recommended an Ordinance that would prohibit truck tractors, trailers, and semi-trailers from being parked in residential districts because of pedestrian safety, vehicle safety, noise and street issues.   Mayor Dennis Sand, with the consensus of the Council, directed the Police Chief to prepare a proper definition of “Trucks” that would be prohibited from being parked in residential districts which will be discussed at the next Council meeting. 

 

Mr. Greer informed the Council that the Planning Commission term of Will Seiler will expire at the end of the year and recommended as per the Planning Commission that he be reappointed for an additional five-year term.  After due discussion, a motion was made by John Greer and seconded by Tom Kasner that Will Seiler be reappointed to a five-year term on the Planning Commission.  All voted for the motion and it carried.

 

Mr. Hanson appeared before the Council to present a Preliminary Engineering Report for the proposed 2009 Golf View Drive and Fairway Drive Street Improvements.  Mr. Hanson noted that based on the results of the soil borings, it is recommended that the street be reconstructed rather than a mill and overlay that previously was discussed in the City’s Capital Improvement Plan.  Mr. Hanson informed the Council that the improvements consist of new curb & gutter, new bituminous surfacing, new aggregate base course and related street improvements, and modifications to the existing storm water management system along Golf View Drive from the cul-de-sac to CSAH 54; new curb & gutter, new bituminous surfacing, new aggregate base course, and related street improvements along Fairway Drive. Mr. Hanson also noted that the estimated costs including engineering and other soft costs are approximately $1,042,000 and that the public hearing would be held on January 7th.  Mr. Mohs informed the Council that approximately 28% of the improvements would be assessed to affected property owners. Mr. Greer noted that David Drown, the City’s Financial Consultant, had informed the Council that the City is in good financial condition to undertake the aforesaid project.  Councilor Jack Evens arrived for the meeting at 7:30 PM.  Mr. Hanson informed the Council that local contractors are very eager to bid this project because there are very few being considered for next year.  After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2008-018

RECEIVING PRELIMINARY REPORT

AND CALLING PUBLIC HEARING ON

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 James Beuning, 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 business hours.

 

Mr. Mergen recommended to the Council that the unpaid lawn mowing bill at 200 4th Street be certified to the Stearns County Auditor to be collected as a special assessment in the year 2009 as per the Albany City Code, Ordinance 77. After due discussion, and upon the recommendation from Mr. Mergen, a motion was made by John Greer and seconded by James Beuning to certify the unpaid lawn mowing bill at 200 4th Street in the amount of $106.50 to the Stearns County Auditor to be collected as a special assessment in the year 2009. All voted for the motion and it carried.

 

Mr. Mergen presented to the Council Change Order Number One for the 2008 Capital Improvements in the amount of $3,800.  Mr. Mergen noted that the purpose of the Change Order is to relocate a fire hydrant along County Road 54 near Par Drive due to a potential safety issue with vehicle traffic on the County Road.  After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to approve the aforesaid Change Order submitted by R.L. Larson Excavating, St. Cloud, in the amount of $3,800.  All voted for the motion and it carried.

 

                The Council took notice of a proposed Personnel Policy for the City and employees.   Mr. Schneider noted that language was added defining the new Health Savings Account benefit. After due discussion, a motion was made by John Greer and seconded by Tom Kasner to approve the said Policy for the period January 1, 2009 through December 31, 2009.  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 Tuesday, December 2, 2008 and adjourned the meeting at 9:05 PM.  

 

Tom Schneider, Clerk/Adm.

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