WEDNESDAY, OCTOBER 6, 2010, CITY COUNCIL MEETING MINUTES

 

WEDNESDAY, OCTOBER 20, 2010, CITY COUNCIL MEETING AGENDA

 

WEDNESDAY, OCTOBER 20, 2010, 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 6, 2010, 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 15th

 

4.                    Open Forum/Public comment

 

5.                    Public Hearing - to consider amendment to Tax Increment Financing District No. 1-3, amendment to Tax Increment Financing District 1-12, and Tax Increment Financing Plan for Tax Increment Financing District 1-13 (Albany Manufacturing and Industrial Park Projects)

- Traci Ryan, David Drown Associates

- authorization to execute Developer’s Agreement between the City of Albany and Albany Manufacturing, Inc.

 

6.                    Planning Commission recommendation – Albany Manufacturing, Inc., site plan for proposed 12,000 square foot building expansion

 

7.                    Stan Hanson, City Engineer – present change order no. 1 to the 2010 Capital Improvements related to a utility extension along Railroad Avenue west of 14th St.

-          update on 2010 Capital Improvements and present pay application No. 4 and change order number one.

-          update on proposed Railroad Avenue (HWY #238) Improvements construction schedule

 

8.                    Joseph Mergen, Public Works Supervisor – present list of unpaid utility bills and recommendation to discontinue water service pursuant to Ordinance 30.

- present pay application No. 2 for Water Tower Improvements

 

9.                    Daron Gersch, Utility Department and Community Education Liaison

 

10.                 Dennis Sand, Park Department, and Equipment

 

11.                 Tom Kasner, Fire Department and EDA

 

12.                 Jack Evens, Albany Golf Club

13.                 John Greer, Police and Street Department

14.                 Ted Boran, Acting Police Chief  

15.                 Tom Schneider, Clerk/Adm  - present a memorandum of understanding between the City of Albany and Unity Family Healthcare dba Albany Area Hospital.

16.                 Mayor’s announcements and letters

17.                 Announce meeting date (October 20th) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, OCTOBER 6, 2010, 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 6, 2010, in the Council Room at 400 Railroad Avenue for the said City.

 

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

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Ted Boran, Acting Police Chief, and Stan Hanson, City Engineer, with the firm of Bonestroo, St. Cloud, MN.  Albany High School students present for the meeting were Emily Goehring, Nick Gersch, Taylor Sand, Abby Tighe, and Kerri Young.

  

After due discussion, a motion was made by Tom Kasner and seconded by Daron Gersch to authorize the payment of the following bills: Check Numbers 60715 to 60771 and 13735 to 13767.  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 15th and hearing none declared them approved.

 

David Drown, David Drown Associates, Inc., and Joseph Peternell, Albany Manufacturing, Inc. were present for the meeting.

 

Pursuant to due notice, at 6:35 PM, Mayor Dennis Sand called the public hearing into session to consider the following: (a) the proposed creation of Tax Increment Financing District 13, and (b) the proposed adoption of the Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.1799, inclusive, as amendment (the “Act”).  Mr. Drown appeared before the Council to discuss the proposed tax increment financing plan as it relates to a 12,000 sq. ft. building expansion by Albany Manufacturing, Inc., 1550 Railroad Avenue which will begin construction in October 2010 and a proposed wet industry processing facility in the Albany Business and Industrial Park.   Mr. Drown noted that a development agreement will be executed between the City and Albany Manufacturing, Inc. outling the terms of a pay-as-you-go reimbursement of increments including job creation goals. Mayor Dennis Sand closed the public hearing at 6:45 PM. After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2010-24

REMOVING PARCELS FROM TAX INCREMENT FINANCING DISTRICT

NOS. 3 & 12; APPROVING THE ESTABLISHMENT OF TAX INCREMENT

FINANCING DISTRICT 13, AND THE ADOPTION OF THE TAX

INCREMENT FINANCING PLAN RELATING THERETO

 

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.

 

After due discussion, a motion was made by Daron Gersch and seconded by Tom Kasner to authorize the City Attorney to prepare a developer agreement between the City and Albany Manufacturing, Inc.  and direct the Mayor to execute the said agreement on behalf of the City.  All voted for the motion and it carried.

 

Kevin Brown, Patrol Officer, appeared before the Council to introduce John Arneson, as the new part-time Patrol Officer.  Mr. Arneson thanked all the Council members for the opportunity given to him and is anxious to begin serving the residents and business community.

 

Councilor John Greer, Planning Commission Liaison, pursuant to a duly held meeting by the Planning Commission on September 29th, informed the Council that the site plan application submitted by Albany Manufacturing, Inc. to construct a 12,000 square foot building was approved with conditions noted in a memorandum received by Stan Hanson, the City Engineer.   Mr. Greer also noted that Mr. Peternell has agreed to provide the City with a permanent and temporary drainage and utility easement to allow for the construction of a new water and sewer main along the frontage of his property west of the intersection of 14th Street and Railroad Avenue (CR #157) which also includes the northeast corner of his property.  After due discussion and upon the recommendation of the Planning Commission, a motion was made by John Greer and seconded by Tom Kasner to approve site plan application submitted by Albany Manufacturing, Inc. 1550 Railroad Avenue, contingent upon the following:

 

-                           Execution of 30 foot permanent and 20 foot temporary utility easement across the frontage of his property, 1550 Railroad Avenue, including the northeast corner on property to be prepared by Bonestroo, Inc., the City Engineering firm.

-                           Replacement of approximately 2,800 square feet of grass/lawn lost to building expansion.

-                           Exterior lighting and signage shall meet the ordinance requirements.

-                           Erosion control measures will need to be implanted during construction.

-                           Future building expansions shall submit site plan application

 

All voted for the motion and it carried.

 

Mr. Hanson presented to the Council proposed change order number one for the 2010 Capital Improvements which relate to a water and sewer main extension from 14th Street and Railroad Avenue westerly approximately 466 feet.   After due discussion, a motion was made by Jack Evens and seconded by John Greer to approve the said change order in the amount of $52,315.50.  All voted for the motion and it carried.

 

Mr. Hanson appeared before the Council to update the Council on the 2010 Capital Improvements.  Mr. Hanson presented to the Council pay application number four submitted by R.L. Larson Excavating, St. Cloud, MN.  After due discussion and upon the recommendation by the City Engineer, a motion was made by John Greer and seconded by Daron Gersch to approve said pay application in the amount of $228,045.03.  All voted for the motion and it carried.

 

Mr. Hanson informed the Council that a representative from the Minnesota Department of Transportation (MN DOT) questioned whether or not the City would be willing to begin reconstruction improvements on Railroad Avenue (State HWY #238) in the year 2012 rather than 2013 as previously planned.  Mayor Dennis Sand, with the consensus of the Council, noted that the Council has no objections if the improvements were to begin in the year 2012, but questioned if MN DOT would accept a cement roadway surface rather than bituminous.   Mr. Hanson informed the Council that he has discussed this option with MN DOT but they requested that the City prepare a cost benefit ratio between cement and bituminous for their review.   After due discussion, with the consensus of the Council, Mayor Dennis Sand directed the City Engineer to prepare a cost benefit ratio study between cement and bituminous for the roadway surface and instruct MN DOT that the City supports the project if it were to begin in 2012.  

 

Mr. Mergen presented to the Council a list of unpaid utility bills and recommended that they be discontinued or shut off pursuant to Ordinance 30.   Mayor Dennis Sand, with the consensus of the Council, directed Mr. Mergen to make one last personal contact with each property owner and if the utility bill remains unpaid, he may proceed to discontinue the owner’s water service.  Mr. Mergen recommended that the following two unpaid water bills be certified to the Stearns County Auditor to be collected as special assessments in the year 2011:  (1) 333 Countryside Lane, and (2) 411 Railroad Avenue.  After due discussion, a motion was made by Tom Kasner and seconded by Daron Gersch to authorize the certification of the two aforesaid unpaid utility bills as recommended by Mr. Mergen.  All voted for the motion and it carried.

 

Mr. Mergen informed the Council that all the improvements to the Water Tower have been completed.  Mr. Mergen presented to the Council pay application number two for the said Improvements submitted by Classic Protective Coatings, Inc.  After due discussion and upon the recommendation by the City Engineer, a motion was made by Daron Gersch and seconded by John Greer to approve said pay application in the amount of $71,915.  All voted for the motion and it carried.

 

Ted Boran, Acting Police Chief, appeared before the Council to recommend that the 1999 squad car be sold as surplus property being the vehicle is rarely used by the police department and in poor condition.   After due discussion, a motion was made by John Greer and seconded by Jack Evens to authorize the City Clerk/Administrator to prepare a notice to advertise the sale of the said vehicle as surplus property.  All voted for the motion and it carried.

 

Mr. Boran presented to the Council a letter of resignation submitted by Melissa Boucher, Patrol Officer, effective on October 21st.   After due discussion, a motion John Greer and seconded by Tom Kasner to accept the letter of resignation received from Ms. Boucher.  All voted for the motion and it carried.

 

                The Council took notice of a request from Unity Family Healthcare dba Albany Area Hospital to enter into a memorandum of understanding relating to the hospital’s intention to participate in the drug discount program established under section 340B of the Public Health Services Act.   Mr. Schneider noted that there is no negative impact to the City and the program will allow the hospital to purchase pharmacy-dispensed and clinic administered drugs at a reduced or discounted price for patients that qualify for health care services as required by law, regardless of their ability to pay.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to authorize Mayor Dennis Sand on behalf of the City to enter into the memorandum understanding between the City of Albany and Unity Family Healthcare dba Albany Area Hospital.  Voting for the motion was Mayor Dennis Sand, Councilors Jack Evens, John Greer, and Tom Kasner, and none voted against.  Councilor Daron Gersch abstained and the motion carried.  The full text of the said memorandum is on file at the office of the City Clerk/Administrator for public inspection during regular office hours.

               

                Mayor Dennis Sand announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, October 20, 2010 and adjourned the meeting at 8:15 PM.   

 

Tom Schneider

Clerk/Adm.

 

 

WEDNESDAY, OCTOBER 20, 2010, 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 20, 2010, 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 6th

 

4.                    Open Forum/Public comment

 

5.                    David Drown, David Drown Associates – discuss financing options relating to the Albany Business and Industrial Park subdivision

 

6.                    Stan Hanson, City Engineer – update 2010 Capital Improvements

 

7.                    Joseph Mergen, Public Works Supervisor

 

8.                    Daron Gersch, Utility Department and Community Education Liaison

 

9.                    Dennis Sand, Park Department, and Equipment

 

10.                 Tom Kasner, Fire Department and EDA

 

11.                 Jack Evens, Albany Golf Club

 

12.                 John Greer, Police and Street Department

 

13.                 Ted Boran, Acting Police Chief  - recommendation to advertise for full-time Patrol Officer

 

14.                 Tom Schneider, Clerk/Adm

 

15.                 Mayor’s announcements and letters

 

16.                 Announce meeting date (November 3rd) and adjourn

 

 

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, OCTOBER 20, 2010, 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 20, 2010, in the Council Room at 400 Railroad Avenue for the said City.

 

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

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Ted Boran, Acting Police Chief, James Stueve, Police Chief,  Jeff Eggert, Patrol Officer, and Stan Hanson, City Engineer with the firm of Bonestroo, St. Cloud, MN.  Kelcee Daninger, an Albany High School student, was also 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 bills: Check Numbers 60772 to 60809 and 13768 to 13781.  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 6th and hearing none declared them approved.

 

David Drown, David Drown Associates, Inc., Roger Dowell, Albany, MN, and Roger Hansen, Central MN Federal Credit Union, were present for the meeting.

 

Mr. Drown appeared before the Council to discuss financing options relating to the assessments levied for the 2005 Albany Business and Industrial Park Improvements.   Mr. Drown noted that land sales have been extremely difficult over the past several months making it difficult to generate revenues to cover assessment payments on the unsold lots.  Mr. Drown presented the following three options for the Council to consider: 1) extend assessment to 15 years and lower the interest rate, 2) discount assessment balance in exchange for pre-payment of the entire assessments in full, 3) do nothing.  Mr. Dowell informed the Council that he would prefer to work out an arrangement that would pay off the entire assessment amount including penalties and interest.  After due discussion, a motion was made by Jack Evens who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2010-25

CALLING HEARING ON REDUCTION OF ASSESSMENTS

FOR THE 2005 ALBANY BUSINESS AND INDUSTRIAL PARK IMPROVEMENTS

 

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.  The public hearing will be held at 6:30 PM or as soon thereafter on Wednesday, November 17, 2010 at City Hall.

 

Stan Hanson updated the Council on the 2010 Capital Improvements and noted that the 7th Street South improvements are nearly completed for the year.  Mr. Hanson noted that the final lift of bituminous will be completed first thing weather permitting, in 2011.

 

Mr. Hanson informed the Council that he received a copy of a letter from the Minnesota Department of Transportation (MN DOT) that the City’s application for local initiative funding for the reconstruction improvements proposed on Railroad Avenue (State HWY #238) has been approved for fiscal year 2012 meaning that funding is available to the City on July 1, 2011, due to the State’s fiscal year being July 1, 2011 to June 30, 2012.  Mr. Hanson noted that the preliminary cost estimate has been submitted to MN DOT which only consisted of 1st Street to 8th Street.  Mayor Dennis Sand, with the consensus of the Council, directed Mr. Hanson to include in the preliminary engineering report the section of roadway on 8th Street (HWY #238) between the intersection of Shamrock Lane and Railroad Avenue.  Mayor Dennis Sand, with the consensus of the Council, noted that a committee consisting of five (5) members will be formed consisting of three business owners on Railroad Avenue and Councilors Jack Evens and Tom Kasner that will participate in the planning process which relate to the streetscape options, sidewalk, street lights, construction schedule, etc.

 

  Mr. Hanson informed the Council that several months ago the City submitted an application to the Minnesota Pollution Control Agency (MPCA) to renew its National Pollutant Discharge Elimination System (NPDES) Permit for the City’s Wastewater Treatment Facility.  Mr. Hanson noted that the MPCA prepared a draft permit to renew the NPDES permit for another five years and during the public comment period, the MPCA received a letter from the Friends of Two River Lake Association requesting that the City’s phosphorus discharge limit be reduced from .8 mg/l to .3 mg/l based on design flow which according to the data they submitted to the MPCA would improve the water quality in the lake.  Mr. Hanson also noted that the MPCA conducted a bathtub computer lake model to evaluate existing water quality conditions and to calculate an appropriate Water Quality Based Effluent Limit for the City’s Wastewater Treatment Facility which takes into consideration point (City Wastewater Treatment Facility) and non-point (other land uses) source phosphorus contributors.  Mr. Hanson informed the Council that it’s of his opinion that the non-point source runoff is a much larger problem for the Lake Association than the City’s Wastewater Treatment Facility based on the research his engineering firm has conducted including the review of the comments provided by the MPCA.   Mayor Dennis Sand, with the consensus of the Council, directed Mr. Hanson to prepare a letter to the MPCA requesting that the City’s phosphorus limit not be changed and that the aforesaid lake association take immediate enforcement actions to reduce the non-point source pollutants that contribute a higher percentage of phosphorus in the lake than the City’s Wastewater Treatment Facility.

 

Ted Boran, Acting Police Chief, appeared before the Council to recommend that the Council consider hiring Jason Falconer, Sartell, MN, as a part-time Police Officer being the part-time personnel is currently short staffed.  Mr. Boran informed the Council that Mr. Falconer is employed as a part-time Patrol Officer for the City of Avon and is very much interested in working for the Albany Police Department either as a part-time or full-time Patrol Officer.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to hire Jason Falconer as a part-time Patrol Officer at an hourly rate of $15.00 per hour. All voted for the motion and it carried.

 

Mr. Boran also recommended that the Council consider advertising for a full-time Patrol Officer immediately to fill the position that had been vacated by former Patrol Officer Melissa Boucher.  After due discussion, a motion was made by Daron Gersch and seconded by Tom Kasner to direct the City Clerk/Administrator to publically advertise for the position of full-time Patrol Officer.  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 Tom Kasner 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.

 

                Mr. Schneider informed the Council that changes have been made to the absentee ballot process and with the addition of write-ins for the General and Municipal Election to be held on November 2nd, the Stearns County Auditor’s office will not be completed with the final ballot tallies before November 8th; whereby the City will need to hold a special council meeting to canvass the election results due to the ten day canvass statute requirement after an election and there not being another regular scheduled Council meeting until November 17th.  After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to set a special Council meeting for 7:30 o’clock in the morning on Wednesday, November 10th at the City Hall for the purpose of canvassing the aforesaid Election results.  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 3, 2010 and adjourned the meeting at 8:20 PM.   

 

Tom Schneider

Clerk/Adm.

 

 

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