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Other members present were: James Beuning,
John Greer, Tom Kasner, and Jack Evens. None were 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 James Beuning and seconded by Tom
Kasner to authorize the payment of the following
bills: Check Numbers 57801 to 57856 and 12515 to 12529. 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 August 15th and hearing none declared the
minutes approved.
Ron Utsch,
Manager, Shamrock Mobile Park, and Mary Christensen, resident
property owner, were present for the meeting.
Councilor John Greer,
Planning Commission Liaison, informed the Council that the Planning
Commission at their August 27th meeting pursuant to a
duly held public hearing recommended to the Council that the request by Asset Development Group,
Inc., owners of the Shamrock Mobile Home Park, for a conditional use
permit to move a manufactured mobile home out of the City and Kathy
O’Roark, owner of a manufactured home, for a conditional use permit
to move a manufactured mobile home into the City be approved
contingent upon the following conditions:
-
The existing manufactured home may NOT be stored on site and
must be moved out of the City within 120 days as per Ordinance after
the date of permit issuance.
-
On Site demolition or any dismantling of the existing
manufactured home is prohibited.
-
All provisions outlined in the Building Move Ordinance must
be followed.
After due discussion, a motion was
made by John Greer and seconded by Jack Evens to approve the
Conditional Use Permit as per the request by Asset Development Group
and Kathy O’Roark, contingent upon the aforementioned conditions.
All voted for the motion and it carried.
Councilor John Greer,
Planning Commission Liaison, informed the Council that the Planning
Commission at their August 20th meeting pursuant to a
duly held public hearing recommended to the Council that the request by Rick Christensen for a
conditional use permit to construct a 20’ X 40’ in-ground swimming
pool be approved. Mr. Greer noted that if the property owner uses
the golf course property along Number 13 fairway for access during
construction, permission from the golf course is required and
conditions for adequate restoration be considered. Ms. Christensen
informed the Council that the golf course property will not be used
and the trucks will access their rear property between their
property and the neighbors. 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 the
aforementioned conditional use permit request. All voted for the
motion and it carried.
Councilor John Greer,
Planning Commission Liaison, also informed the Council that the
Planning Commission at their August 27th meeting pursuant
to a duly held public hearing
recommended to the Council that the request by XCEL Energy for a
conditional use permit to erect a 62’ pole with antenna attachments
within a C2 Highway Commercial Zone be approved. After due
discussion and upon the recommendation of the Planning Commission, a
motion was made by James Beuning and seconded by John Greer to
approve the aforementioned conditional use permit request. All voted
for the motion and it carried.
Paul Eisenschenk, appeared in behalf
of Unique Properties, LLC, the developer for the Whispering Oaks at
Two River Subdivision, requesting that the Council consider
extending the assessment repayment to fifteen (15) years with
principal and interest to begin in 2008 due to the extremely soft
existing real estate market conditions. Mr. Eisenschenk noted that
they would be responsible for all costs associated with refinancing
the bond which said costs would be added to the existing assessments
associated with their lots. The Council took notice of a letter
dated August 15th from David Drown, David Drown
Associates, recommending that the Council consider a twelve (12)
year repayment schedule which is similar to other assessments the
City has done in the past for improvements including all costs to
restructure the assessments and refinancing to be paid by the
developer. After due discussion, motion was made
by Jack Evens who introduced the following Resolution and moved its
adoption:
RESOLUTION CALLING HEARING ON THE
EXTENSION OF PAYMENT TERM OF
ASSESSMENTS
FOR WHISPERING OAKS IMPROVEMENTS OF
2005
(Wednesday, October 17th
at 6:30 PM)
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, Tom Kasner, Jack Evens, 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 regular office hours.
Mr. Eisenschenk also
informed the Council that there has been some interest from
potential lot buyers in the development of phase two (14 lots), a
cul-de-sac named Oak Meadows Court, but the agreement with the City
was only to allow phase one (74 lots) to be served by Blattner’s
Golf View Sanitary Sewer Lift Station. Mr. Eisenschenk questioned
if the City would enter into an agreement that would combine both
phases to utilize the said lift station only consisting of 74 lots.
Mr. Mohs noted that he is not opposed to the aforementioned request
and informed the Council that the Capital Improvement Plan does
include the construction of new trunk water and sewer force main
along the west side of County Highway 54 connecting to Albany Golf
Vistas in the year 2012. Mr. Beuning noted that he would be opposed
to the issuance of any municipal bonds related to the construction
of phase two and recommended that the construction be done
privately. Mr. Greer noted that a new subdivision agreement would
be executed for phase two to include conditions as the Council
determines relating to Park Dedication fees, revised letter of
credit, water/sewer trunk charges, Blattner’s Golf View lift
station, etc. Mayor Dennis Sand, with the consensus of the Council,
informed Mr. Eisenschenk that the Council has no objection if both
phases are combined serving the aforesaid lift station, but only a
maximum of 74 homes shall be permitted.
The Council took
notice of a proposed
Professional Service Agreement that was reviewed by the City
Attorney between the City and Bonestroo, relating specifically to
the
6th
Street/3rd Avenue Improvements. After due discussion and
upon the recommendation of the City Attorney, a motion was made by
John Greer and seconded by Tom Kasner to authorize the Mayor to
execute the said Agreement on behalf of the City as per the comments
now incorporated by the City Attorney. All voted for the motion and
it carried.
Mr. Mohs
appeared before the Council to provide an update on the 6th
Street/3rd Avenue and Water Treatment Plant Improvements.
The Council
took notice of the proposed 2008 Budget. Mr. Schneider noted that
the proposed levy increase is 10%, a two percent increase from last
year’s levy. Mr. Schneider informed the Council that a new Outdoor
Warning Siren is to be purchased in 2008 and proposed to be located
near Albany Golf Vistas subdivision. Mr. Schneider also discussed
employee benefits, bonded indebtedness, and capital equipment plan
funds. After due discussion, a motion was made by John Greer and
seconded by Tom Kasner to direct the City Clerk/Administrator to
forward to the Stearns County Auditor the proposed levy of $579,440
for taxes payable in the year 2008 and to set the initial
truth-n-taxation meeting at 6:30 PM or as soon as thereafter on
Thursday, December 6th and the final adoption meeting of
the said Budget at 6:30 PM or as soon as thereafter on Wednesday,
December 19th at the City Administration Building. All
voted for the motion and it carried.
Mr. Stueve presented to the Council a
proposed resolution relating to the Police Department’s
participation in the Safe & Sober Program similar to previous years
and recommended that the Council authorize participation. After due
discussion, motion was made by John Greer who introduced the
following Resolution and moved its adoption:
RESOLUTION
AUTHORIZING EXECUTION OF
SAFE & SOBER COMMUNITIES AGREEMENT
(October 1, 2007 – September 30,
2008)
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; 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.
Councilor James Beuning
presented to the Council the following bids received for a new front
deck lawn mower as prepared by Joseph Mergen, Public Works
Supervisor:
Melrose Implement New
Holland $18,000
St. Joseph Power House eXmark
(Toro) $19,076
Arnolds of Kimball
Kubota $19,116
Meis Equipment John
Deere $21,194
Mr. Beuning recommended
that the Council approve the aforementioned low bid. After due
discussion, a motion was made by Dennis Sand and seconded by John
Greer to approve the low bid from Melrose Implement in the amount of
$18,000 which includes the current mower (Steiner) as a trade-in,
4-wheel drive, cab, and broom. All voted for the motion and it
carried.
The Council took notice of a proposed
amendment to Ordinance 61, Transient Merchants, Peddlers, and
Solicitors. Mr. Schneider informed the Council that the current
language requires individuals who wish to sell products in the City
(residential areas) to obtain a Hawker’s License from the Stearns
County Audit and none is required per State Statute. Mr. Schneider
also noted that the City Attorney updated language that was
consistent with State Statute and recommended the said Amendment be
approved. After due discussion, a motion was made by Tom Kasner and
seconded by James Beuning to approve amendment to Ordinance 61 and
to authorize publication in the local
newspaper. All voted for the motion and it carried.
The Council also took notice of a proposed
amendment to Ordinance 82, Building Code. Mr. Schneider informed
the Council that a recent audit conducted by representatives from
the State Building Code Division revealed that the City is not
issuing a mechanical and plumbing permit as required. Mr.
Schneider noted that there are circumstances that require these
permits for certain construction projects and in the past the City
has only issued Building Permits; whereby the State has informed the
City that the issuance of Building Permits was incorrect. After
due discussion, a motion was made by John Greer and seconded by Jack
Evens to approve amendment to Ordinance 82 and to authorize
publication in the local newspaper. All voted for the motion and it
carried.
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 10, 2008 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 James Beuning and
seconded by Tom Kasner to approve the said Application. All voted
for the motion and it carried.
The Council
took notice of a MN Charitable Gambling Application renewal for the
Albany Fire Department to conduct charitable gambling at Paul’s
Par-A-Dice. After due discussion, a motion was made by James
Beuning who introduced the following Resolution and moved the
adoption thereof:
RESOLUTION APPROVING MINNESOTA
LAWFUL GAMBLING PREMISES PERMIT
APPLICATION
Paul’s Par-A-Dice, 451Railroad
Avenue
Albany Fire Department
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; 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. Schneider presented
to the Council a copy of the Business Subsidy Agreement prepared by
the City Attorney between the City and Desautel Properties, LLC
relating to the construction of a new building in the Albany
Business and Industrial Park. After due discussion, a motion was
made by John Greer and seconded by Tom Kasner to authorize the Mayor
to execute the said Agreement on behalf of the City. All voted for
the motion and it carried.
Mayor Dennis Sand
informed the Council that the City received a summons from Geneva
Haux, owner of rental property at 379 Railroad Avenue to appear in
Conciliation Court on September 21st, requesting the City
pay her $6,608 in loss rents due to her rental license being revoked
by the Council for violating Ordinance 65, Housing, Maintenance and
Occupancy. Mayor Dennis Sand noted that Ms. Haux requested that the
City reinstate her rental license immediately. No action was taken
by the Council.
Mayor Dennis Sand announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, September 19, 2007 and adjourned the meeting at 8:30 PM.
Tom Schneider
Clerk/Adm.
SEPTEMBER
19, 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, September 19, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Other members present were: James Beuning,
Tom Kasner, and Jack Evens. Councilor John Greer arrived at
8:00PM. None were absent.
James
Stueve, Police Chief, Joe Mergen, Public Works Supervisor, Mike
Kosik, Editor, Stearns Morrison Enterprise, 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
James Beuning to authorize the payment of the
following invoices: Check Numbers 57857 to 57893 and 12530 to 12543.
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 5th. Mr. Schneider
noted that the heading for the resolution setting a public hearing
for the Whispering Oaks Improvements should include the following:
“increase in amount of assessments” Mayor Dennis Sand hearing no
others, declared the aforesaid minutes approved.
Mr. Mohs
presented to the Council Pay Application Number 16
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
progress of completion or near completion of the said improvements.
Mr. Mohs also presented change order numbers 4, 5, and 6, relating
to the Water Treatment Plant operations. Mr. Mohs noted that
change order number 4 was an increase related to fire retardant
plywood, number 5 related to miscellaneous increase in scope of
work, and number 6, an increase in landscaping items. Mr. Mohs
noted that the City received a letter that was included with the
aforementioned change orders from Gordon Engesmoe, the Project
Manager for Robert L. Carr, informing the City engineer that they do
not agree with the changes and are signing them under duress. After
due discussion and upon the recommendation from Mr. Mohs, a motion
was made by Jack Evens and seconded by James Beuning to approve Pay
Application No. 16 in the amount of $81,004.15 and the
aforementioned change orders 4, 5, and 6. All voted for the motion
and it carried.
Karen Young,
Government Relations EXCEL Energy (Northern States Power Company),
St. Cloud, MN, appeared before the Council to discuss the proposed
final draft of a new 20-year Electric Franchise Ordinance with the
City replacing the older version dated 1987. Ms. Young noted that
their attorney has reviewed the City Attorney’s comments regarding
the proposed ordinance presented at the August 15th
Council meeting and made the appropriate additions. Councilor
Jack Evens requested an explanation of why a 20-year Ordinance is
proposed rather than a shorter term which can be reviewed on a more
regular basis. Ms. Young noted that the State of
Minnesota
and the Public Utilities Commission regulates their industry and
assigns territories preventing other electric utilities from
competing for customers; whereby all their franchise ordinances with
municipalities are for 20 years. After due discussion, a motion
was made by Jack Evens who introduced the following Ordinance and
moved its adoption:
ORDINANCE NO.
2007-02
ELECTRIC FRANCHISE CITY OF ALBANY, STEARNS COUNTY,
MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ALBANY,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, LINES, FIXTURES, AND APPURTENANCES, FOR
THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS
AND OTHERS AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE
CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR
SUCH PURPOSES
The motion for the
foregoing Ordinance 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 Jack Evens and none voted against the
same; whereupon the said Ordinance was declared duly passed and
adopted. The full text of the said Ordinance is on file at the
office of the City Clerk/Administrator for public inspection during
regular office hours.
Mr. Mergen informed the
Council that the Minnesota Pollution Control Agency (MPCA) conducted
a recent inspection of the wastewater treatment facility and
recommended that the City replace the 1984 Influent Wastewater
Sampler with a refrigerated sampler. Mr. Mergen noted that the main
purpose for sampling is to obtain a consistent representative sample
from the effluent stream. Mr. Mergen also noted the estimated cost
of a refrigerated sampler is nearly $4,000. Mayor Dennis Sand, with
the consensus of the Council, directed Mr. Mergen to purchase the
necessary sampler to assure compliance with MPCA testing
regulations.
Mr. Mohs informed the
Council that there was one property along 6th Street
whose assessment will increase (sewer lateral/service) due to
circumstances discovered in the field during construction and
recommended that the Council set a date for a public hearing on the
assessment of additional costs for that specific parcel. Mr. Mohs
noted that he has discussed the proposed increase in assessment with
the property owner and no objection was raised by the property
owner. After due discussion, a motion was made by Jack Evens who
introduced the following Resolution and moved its adoption:
RESOLUTION CALLING HEARING ON THE
ASSESSMENT OF ADDITIONAL COSTS
FOR 6TH STREET & 3RD
AVENUE IMPROVEMENTS OF 2007
(Wednesday, October 17th
at 6:30 PM)
The motion for the
foregoing Resolution 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 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.
Councilor
John Greer arrived for the meeting at
8:00 PM.
Mr. Mohs also
noted that the City received a letter from Gordon Engesmoe, Robert
L. Carr Company, informing the City that Mark Wallis, the City
engineer, is the party that has delayed the start-up of the Water
Treatment Plant and they will not be held responsible for damages
caused by engineering scheduling. Mayor Dennis Sand directed
Councilors John Greer and Jack Evens to meet with City Staff, Mr.
Wallis, and Mr. Engesmoe to resolve the issues as noted by Robert L.
Carr Company.
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 John
Greer to authorize the payment of the following bills: Check Numbers
32181 to 32312. Voting for the motion were Councilors James Beuning,
Jack Evens, and John Greer and none voted against. Mayor Dennis
Sand and Tom Kasner abstained and the motion carried.
Mr. Schneider
informed the Council that Well Number 2, 1030 6th Street,
will be disconnected from the City’s Water Distribution System
within the next 30 days and recommended that the property be sold
for residential purposes which are consistent with the Zoning
Ordinance and Comprehensive Plan. Mayor Dennis Sand, with the
consensus of the Council, informed Mr. Schneider to discuss the sale
of the property with the Planning Commission members at their next
meeting and forward a recommendation to the Council for
consideration.
Mayor Dennis Sand announced the next
regular Council meeting for 6:30 o’clock in the evening on
Wednesday, October 3, 2007 and adjourned the meeting at
8:20 PM.
Tom Schneider
Clerk/Adm. |
