WEDNESDAY, OCTOBER 7, 2009, CITY COUNCIL MEETING MINUTES

WEDNESDAY, OCTOBER 21, 2009, CITY COUNCIL MEETING AGENDA

WEDNESDAY, OCTOBER 21, 2009, CITY COUNCIL MEETING MINUTES

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, October 7, 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 September 16^th

4. Open Forum/Public comments

5. Ervin Bueckers – discuss existing Refuse Agreement (Bueckers City Sanitation) and related operations

6. Joe Mergen, Public Works Supervisor – present list of unpaid water/sewer bills and recommendation to disconnect service pursuant to Ordinance 30

7. Tina Goodroad, Planner, Bonestroo – discuss scope of services for City’s Zoning Ordinance update

8. Stan Hanson, City Engineer – update on various improvements projects

- provide information relating to Environmental Assistance Grant Program (North Lake)

- present Final Pay Application for 2^nd Street and Railroad Avenue Improvements

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 – golf club check register

14. John Greer, Police and Street Department

15. James Stueve, Police Chief - present proposed amendment to Ordinance 71, Animals relating to dangerous dogs

16. Tom Schneider, Clerk/Adm – MN Lawful Gambling Exempt Permit request by Church of Seven Dolors

- present proposed amendment to Ordinance 70, Section 70.12 (f) relating to disallow harboring of chickens within City limits.

17. Mayor’s announcements and letters

18. Announce meeting date (October 21st) and adjourn

Tom Schneider

Clerk/Adm.

WEDNESDAY, OCTOBER 7, 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, October 7, 2009, in the Council Room at 400 Railroad Avenue for the said City.

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

Also present were: Tom Schneider, Clerk/Adm., Stan Hanson, P.E. Bonestroo, Inc., Tina Goodroad, Planner, Bonestroo, Inc., Joseph Mergen, Public Works Supervisor, Ed Adelman, resident, Stephanie Toennis, resident, Tommy Adelman, resident, James Stueve, Police Chief, and Mike Kosik, Editor, Stearns Morrison Enterprise.

Mayor Dennis Sand asked if there were any additions or corrections to the present agenda. Mr. Schneider informed the Mayor and Council members that the following two items be added to the agenda: Ervin Bueckers request to discuss the existing Refuse Agreement between the City and Bueckers City Sanitation which include current operations and consideration to approve a final pay application for the 2^nd Street and Railroad Avenue Improvements. Mayor Dennis Sand, with the consensus of the Council, added the aforesaid items to the agenda.

After due discussion, a motion was made by Tom Kasner and seconded by Daron Gersch to authorize the payment of the following: Check Numbers 59805 to 59846, and 13341 to 13355. 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 September 16th and hearing none declared them approved.

Ervin Bueckers, Danny Bueckers, Charla Bueckers, Pam Nissen, and Dan Nissen, were present for the meeting.

Ervin Bueckers appeared before the Council in behalf of Bueckers City Sanitation to discuss the existing Refuse Agreement and to request a five year extension to the aforesaid Agreement. Mr. Bueckers informed the Council that he and others present will be purchasing Bueckers City Sanitation; whereby if acceptable to the Council, he will proceed to prepare the necessary corporation documents to execute a new Refuse Agreement with the City. After due discussion, a motion was made by Daron Gersch and seconded by Jack Evens to continue refuse service obligations under existing refuse agreement and to draft a new refuse agreement as soon as information is provided to the City by Ervin Bueckers regarding his new company to extend the existing agreement for a five year period which would end in December 2016 to include language for fuel sur-charge and residents who vacate their home for a period greater than 30 days not to be charged a refuse fee. All voted for the motion and it carried.

Mr. Mergen presented to the Council a list of unpaid utility bills and recommended that they be discontinued pursuant to Ordinance 30. Mayor Dennis Sand, with the consensus of the Council, directed Mr. Mergen to make one last personal contact with each and if the utility bill remains unpaid, he may proceed to discontinue the individual’s water service. Mr. Mergen recommended that the following accounts be certified to the Stearns County Auditor to be collected as a special assessment in the tax year 2010:

Name Address Parcel # Amount

Keith & Amber Maki 140 7^th St 40.25571.0000 $195.70

Timothy J & Geri A Leedahl 602 Highlands Dr 40.25353.0001 $277.92

PHH Mort. Corp. 200 4^th St 40.25535.0000 $308.46

Michael J & Shannon L Wenning 401 8^th St 40.25080.0000 $341.40

After due discussion, a motion was made by Tom Kasner and seconded by John Greer to direct the City Clerk/Administrator to certified to the Stearns County Auditor to be collected as a special assessment in the tax year 2010 the aforementioned accounts. All voted for the motion and it carried.

John Greer, Planning Commission Liaison, informed the Council that the Planning Commission held a meeting on September 24^th to discuss information submitted by Tina Goodroad, Planner, Bonestroo, Inc., to update to the Zoning Ordinance; whereby the Planning Commission recommended that Ms. Goodroad be hired to update the Zoning Ordinance at a cost not to exceed $13,400. Ms. Goodroad appeared before the Council to present the proposed scope of services that will be provided including an ordinance to regulate maintenance of small utilities within the City’s right of ways. Mr. Evens recommended that language be included in a right of way ordinance that would require XCEL energy to bury their electric wires rather than install more electric poles which can be unsightly especially in the downtown or mainstreet areas. After due discussion and upon the recommendation of the Planning Commission, a motion was made by John Greer and seconded by Daron Gersch to accept the scope of services presented to update the Zoning Ordinance at a cost not to exceed $13,440. All voted for the motion and it carried.

Mr. Greer also informed the Council that the Planning Commission did not take any action on proposed Ordinance 41 relating to sidewalk cafes and other objects placed on the City sidewalk such as chairs/tables, merchandise, sandwich boards/signs, etc. Mr. Greer noted that this issue will be discussed by the Planning Commission at the same time the Zoning Ordinance is updated.

Mr. Hanson presented to the Council a final pay application for the 2^nd Street and Railroad Avenue Improvements. Mr. Hanson noted that an application for partial reimbursement will be submitted to the Minnesota Department of Transportation. After due discussion and upon the recommendation by the City Engineer, a motion was made by Tom Kasner and seconded by John Greer to approve the final pay application to Molitor Excavating, Inc., Waite Park, MN in the amount of $3,966.87. 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 John Greer and seconded by Daron Gersch to authorize the payment of the following bills: Check Numbers 33554 to 33635. 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.

Mr. Stueve presented to the Council a proposed amendment to Ordinance 71, Animals, regarding dangerous or vicious dog regulations pursuant to Minnesota Statutes which include fees for annual registration and warning symbols. After due discussion, a motion was made by Daron Gersch who introduced the following Ordinance amendment and moved its adoption:

AMENDMENT TO ORDINANCE 71

ANIMALS

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 John Greer, Jack Evens, Daron Gersch, and Tom Kasner and none voted against the same; whereupon the said Amendment was declared duly passed and adopted. The full text of the said Amendment is on file at the office of the City Clerk/Administrator for public inspection during regular office hours.

Mr. Schneider presented to the Council a Minnesota Lawful Gambling Exempt Permit Application submitted by the Church of Seven Dolors for a raffle and bingo to be held on Sunday, February 7, 2010 for the annual Holy Family School Carnival to be held in the Parish Center and Gathering Area. After due discussion, a motion was made by John Greer and seconded by Jack Evens to approve the said Application. All voted for the motion and it carried.

Mr. Schneider presented to the Council a proposed amendment to Ordinance 70, Public Nuisances, prohibiting the keeping or harboring of chickens within the City. After due discussion, a motion was made by John Greer who introduced the following Ordinance amendment and moved its adoption:

AMENDMENT TO ORDINANCE 70

PUBLIC NUISANCES

The motion for the foregoing Ordinance amendment 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 John Greer, Jack Evens, Daron Gersch, and Tom Kasner and none voted against the same; whereupon the said Amendment was declared duly passed and adopted. The full text of the said Amendment is on file at the office of the City Clerk/Administrator for public inspection during regular office hours.

Mr. Schneider presented to the Council a proposed amendment to the City’s Personnel Policy that would allow the City to make an equivalent contribution to an employee’s outside HSA plan for those employees not covered under the City’s high deductible health plan or HDHP and recommended approval. After due discussion, a motion was made by Tom Kasner and seconded by John Greer to approve the amendment to the City’s Personnel Policy as presented. All voted for the motion and it carried.

The Council took notice of a liability coverage waiver form prepared by the League of Minnesota Cities Insurance Trust, the City’s Insurance carrier, relating to statutory tort liability limits to the extent of the coverage purchased. After due discussion, a motion was made by John Greer and seconded by Daron Gersch to authorize Mayor Dennis Sand to execute the aforesaid form on behalf of the City indicating that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. 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, October 21, 2009 and adjourned the meeting at 8:15PM.

Tom Schneider

Clerk/Adm.

WEDNESDAY, OCTOBER 21, 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, October 21, 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 October 7^th

4. Open Forum/Public comments

5. Joseph Mergen, Public Works Supervisor - update Council on Albany Meat Plant business operations

6. Stan Hanson, City Engineer – present and discuss 2010 Healthy Lakes and River Program Application

7. Daron Gersch, Utility Department and Community Education Liaison

8. Dennis Sand, Park Department, and Equipment

9. Tom Kasner, Fire Department and EDA

10. Jack Evens, Albany Golf Club

11. John Greer, Police and Street Department

12. James Stueve, Police Chief

13. Tom Schneider, Clerk/Adm

14. Mayor’s announcements and letters

15. Announce meeting date (November 4th) and adjourn

Tom Schneider

Clerk/Adm.

WEDNESDAY, OCTOBER 21, 2O09, 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 21, 2009, in the Council Room at 400 Railroad Avenue for the said City.

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

Also present were: Diane Jesh, Administrative Assistant, Stan Hanson, P.E. Bonestroo, Inc., Joseph Mergen, Public Works Supervisor, James Stueve, Police Chief, and Mike Kosik, Editor, Stearns Morrison Enterprise.

After due discussion, a motion was made by John Greer, and seconded by Daron Gersch, to authorize the payment of the following bills: Check Numbers 59847 to 59887, and 13356 to 13370. Voting for the motion were Mayor Dennis Sand and Councilors Daron Gersch, John Greer, and Tom Kasner and none voted against. Councilor Jack Evens abstained and the motion carried.

Mayor Dennis Sand called for any corrections or additions to the minutes of the regular meeting held on October 7th and hearing none declared them approved.

Mr. Mergen presented to the Council an update on the Albany Meat Processing Plant business operations at 641 Forest Avenue and the legal non-conforming use as per the City’s Zoning Ordinance 80. Mr. Mergen noted that the property is zoned R2 or Low Density Residential. After due discussion, the Council recommended that Charles Ward, owner of the Albany Meat Processing Plant and Craig Hanson, Mr. Ward’s attorney be invited and required to attend the November 4^th Council meeting to provide the Council of future intentions of the business.

Mr. Hanson presented to the Council information on 2010 Healthy Lakes and Rivers Partnership (HLRP) program and application related to improving the water quality for North Lake. Mr. Hanson noted that the HLRP works with associations to develop strategic management plans, restore shorelines, upgrade septic systems, enhance habitat, and help officials make informed choices to evaluate water conditions and enhance water quality. Mr. Hanson informed the Council that he would be willing to donate time to work with the City on the program and aforesaid application. Mayor Dennis Sand, with the consensus of the Council, directed Mr. Hanson to complete and submit the said application.

Mr. Mergen presented to the Council an unpaid lawn maintenance bill and recommended that the following account be certified to the Stearns County Auditor to be collected as a special assessment in the tax year 2010:

Name Address Parcel # Amount

Keith & Amber Maki 140 7^th St 40.25571.0000 $106.88

After due discussion, a motion was made by John Greer and seconded by Tom Kasner to direct the City Clerk/Administrator to certify to the Stearns County Auditor to be collected as a special assessment in the tax year 2010 the aforementioned unpaid lawn maintenance bill. All voted for the motion and it carried.

John Greer, Police Department Liaison, read a letter to the Council from Officer Ted Boran written to Chief Stueve, dated October 21, 2009, informing him of his decision to retire as a full-time Patrol Officer sometime in December and that he would stay and work as a part-time officer. No action was taken by the Council.

Police Chief Stueve informed the Council that due to budget cuts made by the Stearns County Sheriff’s Department, the Drug Abuse Resistance Education (D.A.R.E.) program administered in the Albany School District and Holy Family School may not be provided in the future. Mr. Stueve noted that the goal of the D.A.R.E. program is to significantly reduce/eliminate the use of alcohol, tobacco, and other drugs and the use of violent behavior by young people and is an important element within a strategy of community oriented policing. Mr. Stueve recommended to the Council that Officer Melissa Schmitz attend D.A.R.E. training through the Minnesota Bureau of Criminal Apprehension (B.C.A.); whereby tuition is $600.00, which includes training materials. Mr. Stueve noted that the Avon Police Department would assist in the cost of the training. After due discussion, a motion was made by John Greer and seconded by Jack Evens to have Officer Melissa Schmitz enroll in the B.C.A. –D.A.R.E. Officer Training Program in the amount of $600.00. All voted for the motion and it carried.

Ms Jesh reported to the Council the results of the City Wide Clean-up held on October 17^th.

Mayor Dennis Sand announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, November 4, 2009 and adjourned the meeting at 7:24 PM.

Diane Jesh

Adm. Assistant