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NOTICE OF ALBANY CITY COUNCIL MEETING
WEDNESDAY, OCTOBER 3, 2007, CITY COUNCIL MEETING AGENDA
WEDNESDAY, OCTOBER 3, 2007, CITY COUNCIL MEETING MINUTES
WEDNESDAY,
OCTOBER 17, 2007, CITY COUNCIL MEETING AGENDA
WEDNESDAY, OCTOBER 17, 2007, CITY COUNCIL MEETING MINUTES
There will be a regular meeting of the Council in and for the City
of Albany, Stearns County, Minnesota at
6:30 o’clock in the evening
on Wednesday, October 3, 2007,
in the Council Room at 400 Railroad Avenue for the said City.
AGENDA
1.
Convene meeting
2.
Audit Bills
3.
Act on Council minutes of the meeting of September 19th
4.
Public comments/discussion
5.
Joseph Mergen, Public Works Supervisor – present list of
names of unpaid utility bills and recommendation to discontinue
water service as per Ordinance No. 30.
6.
Scott Thielman, AHS Superintendent – present information
relating to upcoming proposed Bond Referendum for school expansion
and operating levy
7.
Matt Mohs and Mark Wallis, City Engineers – update Council on
improvement projects
8.
Joseph Mergen, Public Works Supervisor
9.
Dennis Sand, Park Department & EDA
10.
James Beuning, Utility Department and Equipment
11.
Tom Kasner, Fire Department
12.
Jack Evens, Golf Club
13.
John Greer, Street Department & Police Department
14.
James Stueve, Police Chief – present police bids surplus
property
15.
Tom Schneider, Clerk/Adm. – present CMFCU application to
display fireworks on Albany High School property during
halftime football game
16.
Mayor’s announcements and letters
17.
Announce meeting dates and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY, OCTOBER 3, 2007, 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 James Beuning at 6:30 o’clock in
the evening on Wednesday, October 3, 2007, in the Council Room at
400 Railroad Avenue for the said City.
Other members present were: Tom Kasner,
and Jack Evens. Councilor John Greer arrived at
6:55PM. Mayor Dennis Sand was absent.
James Stueve,
Police Chief, Joe Mergen, Public Works Supervisor, Mike Kosik,
Editor, Stearns Morrison Enterprise, Matt Mohs, City Engineer, with
the firm of Bonestroo, Inc., St. Cloud, MN, were present for the
meeting.
After due
discussion, a motion was made by Tom Kasner and seconded by Jack
Evens to authorize the payment of the following
invoices: Check Numbers 57894 to 57935 and 12544 to 12558. All
voted for the motion and it carried.
Acting Mayor
James Beuning called for any corrections or additions to the minutes
of the regular meeting held on September 19th and hearing
none declared the said minutes approved.
Mr. Mergen
appeared before the Council to present a list of names of
individuals who have not paid their utility bill and recommended
that the water be shut off as per Ordinance 30. Acting Mayor James
Beuning, with the consensus of the Council, directed Mr. Mergen to
contact each individual one last time and if the bill remains
unpaid, he may proceed to shut off their water service.
Scott Thielman,
Superintendent of Albany Area High School, and Ron Paulsen, Board
member of Albany Area High School, were present for the meeting.
Mr. Thielman
appeared before the Council to present information relating to the
upcoming Building Bond referendum and operating levy to be held on
Tuesday, November 6th. Mr. Thielman noted that two
questions will be on the ballot, the first relating to the operating
levy and the second relating to the building bond; whereby the
operating levy must pass in order for the building bond to pass.
Councilor John Greer arrived for the meeting at 6:55PM. Mr.
Thielman also noted that additional information is on the Schools
website and that property owners may use a referendum calculator to
enter their property market value and property classification type
to find the cost of the proposed referendum. Mr. Thielman thanked
the Council for allowing him to attend the meeting and lastly noted
that the District will host informational meetings in
Albany,
Avon, and Farming.
Mr. Mohs appeared before the Council to
discuss the progress of the construction on
6th Street
and 3rd Avenue. Mr. Mohs also noted that Councilors
James Beuning and Jack Evens met with Gary Geise and Joe LaTour
regarding a claim for extra work submitted by Geise Excavating to
LaTour Construction for the 2005-06 Whispering Oaks at Two River
Improvements. After due discussion and careful consideration, a
motion was made by John Greer and seconded by Jack Evens to approve
the final pay application in the amount of $23,339.21 to LaTour
Construction for the aforesaid improvements. All voted for the
motion and it carried.
Mr. Mohs also
noted that he and other engineers from their
St. Paul
office, City Staff, Councilors John Greer and Jack Evens met with
Gordon Engesmoe, Robert L. Carr Company, the General Contractor for
the Water Treatment Plant Improvements, on Tuesday, October 2nd
to discuss a letter the City received dated September 13th
from Mr. Engesmoe requesting a meeting with all concerned parties to
resolve issues in an effort to prevent litigation. Councilor Jack
Evens informed the Council that a second meeting will be held within
a week to consider resolution in the matter.
Councilor Jack
Evens, Albany Golf Club Liaison, informed the Council that within a
week Municipal Well No. 4 will disconnected from the City’s Water
Distribution System and re-connected to the Club’s irrigation
system.
Mr. Stueve
informed the Council that Melissa Schmitz, Patrol Officer, completed
her one-year probationary period and recommended that the Council
approve her position to full-time status. After due discussion, a
motion was made by John Greer and seconded by Tom Kasner to accept
the Police Chief’s recommendation to approve Ms. Schmitz to
full-time status. All voted for the motion and it carried.
Mr. Stueve also
informed the Council that after giving public notice in the
newspaper to open bids for surplus police equipment on September
28th, no bids were submitted and that any offers will be considered.
The Council
took notice of a Fireworks Display Application submitted by the
Central MN Federal Credit Union, to display fireworks on October 5th
at a football game on property owned by the Albany Area Schools.
Mr. Schneider noted that all insurance certificates have been
received and recommended approval. After due discussion, a motion
was made by Tom Kasner and seconded by Jack Evens to approve the
aforesaid application. All voted for the motion and it carried.
Mr. Schneider
informed the Council that a paragraph had not been included in a
resolution setting a public hearing for the business subsidy request
by Desautel Properties, LLC on behalf of Preferred Controls, Inc.,
Albany and recommended that the Council set a public hearing to
include the appropriate language. After due discussion, a motion was
made by Jack Evens who introduced the following resolution and moved
its adoption:
RESOLUTION
CALLING PUBLIC
HEARING ON
THE PROPOSED
BUSINESS SUBSIDY TO DESAUTEL PROPERTIES, LLC
ON BEHALF OF
PREFERRED CONTROLS, INC.
The motion for the
foregoing Ordinance was seconded by John Greer and after a full
discussion thereon and upon a vote being taken thereon, the
following voted in favor thereof: Acting Mayor James Beuning, and
Councilors John Greer, Tom Kasner, and Jack Evens 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 regular office hours.
The Council took notice of a
Liability Coverage Waiver Form prepared by the League of MN Cities
Insurance Trust relating to statutory tort liability limits. After
due discussion, a motion was made by Tom Kasner and seconded by John
Greer not to waive the monetary limits on municipal tort liability
established by MN Statute 466.04. All voted for the motion and it
carried.
Mr. Schneider informed the Council
that the Albany Mutual Telephone Company questioned if the small
strip of property north of their property formerly known as Stearns
Publishing, 140 13th Street, could be purchased being the
City already had sold a similar strip which abutted 12th
Street a year ago. Mr. Schneider noted that the selling price is
$3,400 and recommended that the property be sold to the Albany
Mutual Telephone Company. After due discussion, a motion was made by
Jack Evens and seconded by Tom Kasner to offer the strip of City
owned property to the Albany Mutual Telephone Company at a purchase
price of $3,400 and that the closing costs be paid equally. Voting
for the motion were Councilors
John Greer, Jack Evens, and Tom
Kasner and none voted against. Acting Mayor James Beuning abstained
and the motion carried.
Acting Mayor James Beuning announced
the next regular Council meeting for 6:30 o’clock in the evening on Wednesday,
October 17, 2007 and adjourned the meeting at 8:05 PM.
Tom Schneider
Clerk/Adm.
NOTICE OF ALBANY CITY COUNCIL MEETING
There will be a regular meeting of the Council in and for the City
of Albany, Stearns County, Minnesota at
6:30 o’clock in the evening
on Wednesday, October 17, 2007,
in the Council Room at 400 Railroad Avenue for the said City.
AGENDA
1.
Convene meeting
2.
Audit Bills
3.
Act on Council minutes of the meeting of October 3rd
4.
Public comments/discussion
5.
Bueckers City Sanitation, City’s Contract Refuse Hauler –
present list of unpaid customer refuse bills and recommendation to
certify to Stearns County Auditor to be collected as a special
assessment in the year 2008.
6.
Joseph Mergen, Public Works Supervisor – recommendation to
certify to Stearns County Auditor to be collected as a special
assessment in the year 2008 unpaid utility (water/sewer) bills and
grass mowing bill.
7.
Public Hearing on the increase amount of assessments and
extension of payment term of assessments for Whispering Oaks
Improvements of 2005 on a request from Unique Properties, LLC., the
Developer.
- David Drown, David Drown
Associates – present Resolution providing for the issuance, sale,
and delivery of $1,460,000 General Obligation Permanent Improvement
Revolving Fund Refunding Bonds, Series 2007B.
8.
Public Hearing on assessment of additional costs for one
property for 6th Street/3rd Avenue
Improvements.
-
Matt Mohs, City Engineer – present pay application number
three for the 6th Street/3rd Avenue
Improvements
- present pay application number 17
for Water Treatment Plant Improvements
9.
Joseph Mergen, Public Works Supervisor
10.
Dennis Sand, Park Department & EDA
11.
James Beuning, Utility Department and Equipment
12.
Tom Kasner, Fire Department
13.
Jack Evens, Golf Club
14.
John Greer, Street Department & Police Department
15.
James Stueve, Police Chief
16.
Tom Schneider, Clerk/Adm.
17.
Mayor’s announcements and letters
18.
Announce meeting dates and adjourn
Tom Schneider
Clerk/Adm.
WEDNESDAY, OCTOBER 17, 2007, 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, October 17, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Other members present were: Councilors
James Beuning, Tom Kasner, and John Greer. Councilor Jack Evens
arrived at
6:35PM. None
were absent.
Joe Mergen,
Public Works Supervisor, Matt Mohs, City Engineer, and Kyle Rogahn,
City Engineer/Inspector with the firm of Bonestroo, Inc., St. Cloud,
MN, were present for the meeting.
After due
discussion, a motion was made by Tom Kasner and seconded by John
Greer to authorize the payment of the following:
Check Numbers 57936 to 57970 and 12559 to 12572. 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 3rd and hearing none
declared the said minutes approved.
Councilor Jack
Evens arrived for the meeting at
6:35PM.
Janine Kutter,
Sales and Service Director, and Barb Hoppe, Bueckers City Sanitation
Services, the City’s Refuse Hauler, and Randy Pelzer, 830 6th
Street, were present for the meeting.
Ms. Hoppe
appeared before the Council to request that the Council certify an
uncollected refuse bill in an amount of $467.12 for property owned
by Randy Pelzer, 830 6th Street for the period
9/1/06 through
8/31/07 to the Stearns County Auditor to be collected as a special
assessment in the year 2008. Mr. Pelzer appeared before the
Council to inform the Council that the amount requested to be
certified is incorrect and that the matter will be addressed in
conciliation court. Mr. Schneider noted that the aforesaid amount
more than likely includes monies which had already been certified in
the fall of 2006 to
Stearns
County
and once the taxes including special assessments (refuse) are paid,
the City will reimburse Bueckers City Sanitation in November of the
following year. Ms. Hoppe noted the correct amount is $209.77.
After due discussion, a motion was made by John Greer and seconded
by James Beuning to certify the amount of $209.77 to the Stearns
County Auditor to be collected as a special assessment in the year
2008 for the uncollected refuse bill amount. All voted for the
motion and it carried.
Mr. Mergen
appeared before the Council to inform the Council that notices were
mailed to several property owners informing them of their delinquent
water bill and lawn mowing bill and if not paid, the amount will be
certified to the Stearns County Auditor to be collected as a special
assessment in the year 2008 as per the Albany City Code. Gary
Lieser, 571 Railroad Avenue, appeared before the Council to object
to the certification of his unpaid water bill and questioned the
meter accuracy. Mr. Lieser noted that it’s of his opinion that
after a lengthy investigation by him and Mr. Mergen, it still
remains a mystery as to where there was an apparent leak or if the
excessive water use was caused by the renter in the building. Mr.
Mergen informed the Council that he and the property owner inspected
the building for possible leaks and found none; whereby Mr. Lieser
directed immediate removal of the water meter and shut off. Mr.
Mergen noted that more than likely a faucet or toilet had been left
running in the building having found no apparent leaks, but water
did flow through the meter causing usage. Councilor Tom Kasner
questioned what the past history for usage had been for the property
and whether or not the meter had been checked for accuracy. Mayor
Dennis Sand, with the consensus of the Council, directed Mr. Mergen
to perform a calibration test on the meter and that the past history
of water usage be provided to the Council for discussion at the next
Council meeting. After due discussion, a motion was made by John
Greer and seconded by Jack Evens to certify to the Stearns County
Auditor to be collected as a special assessment in the year 2008 the
following unpaid customer water and lawn mowing accounts:
Street Address
Amount
150 1st Street
$241.86
250 3rd Street
$217.26
201 8th Street
$177.86
921 Midland
Av. $471.27
Alan
Benson $178.00
Alan
Benson $130.00 (lawn mowing)
All voted for the motion and it carried.
David Drown, David Drown Associates,
George Schwinghammer,
Paul
Eisenschenk, Developers for the Whispering Oaks at Two River
Improvements, and Mark Rodenwald, resident property owner were
present for the meeting.
Pursuant to due
notice, at 6:55 o’clock, Mayor
Dennis Sand called the public hearing into session to consider an
increase in the amount of assessments and extension of payment term
of assessments for Whispering Oaks at Two Improvements of 2005.
Mr. Drown informed the Council that the Developer has requested the
Council to restructure and extend the payment term of the
assessments to a total of twelve (12) years beginning in 2008 which
include lots owned by the Developer and four lots owned by Mr.
Rodenwald. Mr. Drown noted that originally the assessments
certified were interest only for two years and then equal payments
over the next five years. Mr. Drown also noted that the cost to
refund the bond is approximately $50,000 which will be paid for by
the Developer and no costs will be borne by the City. Mayor
Dennis Sand closed the public hearing at
7:00PM.
After due discussion, a motion was made by Jack
Evens who introduced the following resolution and moved its
adoption:
RESOLUTION
ADOPTING SUPPLEMENTAL ASSESSMENT
WHISPERING OAKS IMPROVEMENTS 2005
The motion for the
foregoing Resolution 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, John Greer, Tom Kasner, and Jack Evens 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 regular office hours.
Mr. Drown
presented to the Council a proposed resolution for the issuance and
sale of $1,460,000 refunding bond which will replace the existing
2005A General Obligation Permanent Improvement Refunding (PIR) Bond
(Whispering Oaks at Two River). Mr. Drown noted that after
receiving negotiated bids, he recommended award be given to United
Bankers Bank, who submitted the lowest net interest rate bid of
4.0999%. After due discussion, a motion was made by Tom Kasner who
introduced the following resolution and moved its adoption:
RESOLUTION
PROVIDING FOR
THE ISSUANCE, SALE, AND
DELIVERY OF
$1,460,000 GENERAL OBLIGATION
PERMANENT
IMPROVEMENT REVOLVING FUND
REFUNDING
BONDS, SERIES 2007B; ESTABLISHING THE
TERMS AND
CONDITIONS THEREFORE; CREATING AN ESCROW
ACCOUNT AND A
DEBT SERVICE ACCOUNT THEREFOR; AND AWARDING
THE SALE
THEREOF
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, John Greer, Tom Kasner, and Jack Evens 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 regular office hours.
Pursuant to due
notice, at 7:10 o’clock, Mayor
Dennis Sand called the public hearing into session on an assessment
of additional costs affecting one (1) property for the 6th
Street and 3rd Avenue Improvements. The property owner
was not present for the meeting. Mr. Moths informed the Council
that during construction and after discussion with the property
owner, a sewer service was removed from
Lake Avenue
and redirected to 6th Street which increased the
assessment for the property owner. Mr. Mohs noted that property
owner was informed of the increase in assessment; whereby he had no
objection. Mayor Dennis Sand closed the public hearing at 7:15PM.
After due discussion, a motion was made by John Greer who introduced
the following resolution and moved its adoption:
RESOLUTION
ADOPTING
SUPPLEMENTAL ASSESSMENT
ROLL 6TH
STREET/3RD AVENUE IMPROVEMENTS
The motion for the
foregoing Resolution 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, John Greer, Tom Kasner, and Jack Evens 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 regular office hours.
Mr. Mohs
presented to the Council Pay Application Number 3
for the 6th Street/3rd Avenue
Improvements submitted by the Stearns County Highway Department relating
only to
6th Street.
After due discussion and upon the recommendation from Mr. Mohs, a
motion was made by Tom Kasner and seconded by Jack Evens to approve
Pay Application No. 3 in the amount of $225,330.92. All voted for
the motion and it carried.
Matt Mohs presented Final Pay
Application Number 13 for the 2005 Albany Business and Industrial
Park Improvements submitted by LaTour Construction, Maple Lake, MN. After due discussion, a
motion was made by John Greer and seconded by James Beuning to
approve the aforesaid Pay Application in the amount of $18,047.68
for the aforesaid Improvements. All voted for the motion and it
carried.
Mr. Mohs noted that he received a
proposed Release Agreement from LaTour Construction on a request by
Geise Tiling and Excavating directing the City and Bonestroo, the
City Engineer, to approve the said Agreement which would release
LaTour Construction and Geise Tiling and Excavating from all back
charges and other claims relating to grading for the 2005 Whispering
Oaks at Two River Improvements. Mayor Dennis Sand, with the
consensus of the Council, directed Mr. Mohs to inform LaTour
Construction, the General Contractor, that the City will not approve
such a release.
Mr. Mohs also
presented Pay Application Number 17
for the Water Treatment Plant
Improvements submitted by Robert L. Carr,
Marshall,
MN.
Mr. Rogahn appeared before the Council to update the Council on the
completion of the final punch list items and noted that the plant is
in operation. After due discussion and upon the recommendation
from Mr. Mohs, a motion was made by John Greer and seconded by Jack
Evens to approve Pay Application No. 17 in the amount of
$31,112.95. All voted for the motion and it carried.
Mr. Mergen presented to the County
the proposed snow removal agreement between the City and State of
Minnesota relating to mainstreet or Railroad Avenue (HWY #238). Mr.
Mergen noted that the State will reimburse the City for snow removal
being Railroad Avenue is designated as State HWY #238. After due
discussion, a motion was made by James Beuning and seconded by Tom
Kasner to authorize Mayor Dennis Sand to execute the said agreement
at an hourly rate of $85 per hour reimbursement. 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 7, 2007 and adjourned the meeting at 7:55 PM.
Tom Schneider
Clerk/Adm. |
