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 FEBRUARY 7, 2007, CITY COUNCIL MINUTES

FEBRUARY 21, 2007 CITY COUNCIL 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 Jamie Thelen at 6:30 o’clock in the evening on Wednesday, February 7, 2007, in the Council Room at 400 Railroad Avenue for the said City.

                 Members present were:  Mayor Jamie Thelen, Councilors Dennis Sand, James Beuning, Tom Kasner, and John Greer. None were absent.

                James Stueve, Police Chief, Mike Kosik, Editor, Stearns Morrison Enterprise, and Joseph Mergen, Public Works Supervisor, 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 bills: Check Numbers 57268 to 57321 and 12321 to 12332. All voted for the motion and it carried.

 Mayor Jamie Thelen called for any corrections or additions to the minutes to the regular meeting held on January 17th.  Mr. Schneider noted that in the Resolution adopting a policy for determining residential sanitary sewer usage, the words “previous year” and “prior year” should have been deleted and the word bi-monthly added.   Mayor Jamie Thelen acknowledged the correction and hearing no others declared them approved. 

Steve Blenker, Emergency Management Director, appeared before the Council to update the Council on the preparation of the City’s Emergency Management Plan.   Mr. Blenker noted that once the said Plan is approved, he will arrange a meeting with the Mayor, medical facilities, school, and large employers to discuss emergency preparedness.   Mr. Schneider presented to the Council a proposed Job Description for the aforementioned position.  After due discussion, a motion was made by John Greer and seconded by James Beuning to approve the Job Description for the position of Emergency Management Director.  All voted for the motion and it carried.

  Chad Schmidt appeared in behalf of the Albany Area Jaycees to discuss the organization’s annual Ice Cup Challenge on North Lake which is scheduled for Saturday, February 24th.   Mr. Schmidt noted that this event is a fund raiser for their organization and that a liability certificate will be forthcoming.  Mayor Jamie Thelen thanked Mr. Schmidt on behalf of the Council for hosting this event which attracts many individuals to the community and their on going donations to the community for various improvements. After due discussion, a motion was made by Dennis Sand and seconded by James Beuning to approve an Event Permit for the Albany Area Jaycees for their annual Ice Cup Challenge to be held on Saturday, February 24th, on North Lake.  All voted for the motion and it carried.

Matt Mohs, City Engineer, with the firm of Bonestroo, Williamson, Kotsmith, Inc., St. Cloud , MN , appeared before the Council to discuss the Preliminary Engineering Report for the reconstruction of 360th Street .   Mr. Mohs noted that the proposed project is estimated to be $486,000, a rural road reconstruction, and as per the Development Agreement, Lumber One of Avon has agreed to pay for one-half of the costs to pave that section of roadway which abuts The Highlands II, III and westerly to the edge of their property.   Mr. Mohs noted that the road would be constructed to a 9-ton capacity which includes base similar to the 2006 230th Avenue construction and that the water and sewer mains would be extended northerly beneath the road to service future residential subdivisions.  Mayor Jamie Thelen, with the consensus of the Council, informed Mr. Mohs that at this point in time, no action will be taken until there is further development to the west and north of 360th Street and to direct the City Clerk/Administrator to meet with the Albany Township Supervisors to determine their interest in participation of road improvements for that section of 360th Street which lies west of the Lumber One subdivision connecting to 230th Avenue.

 Mr. Mohs informed the Council that the plans and specifications for the 6th Street (CR #53) and 3rd Avenue Improvements have been submitted to the Minnesota Department of Transportation for final approval.  Mr. Mohs noted that once approved, the County will set a bid date and begin advertising the improvement.

                 Mark Wallis, the City Engineer, with the firm of Bonestroo, Rosene, Anderlik, Associates, St. Paul , MN , appeared before the Council to update the Council on the construction of the Water Treatment Plant.   Mr. Wallis noted that the construction is approximately two months or more behind schedule and it’s of his opinion that the general contractor will not meet the April 5th substantial completion deadline.   Mr. Wallis also noted that the workmanship is good and will discuss the construction schedule at the February 13th progress meeting .

                 Ron Utsch, Manager of the Shamrock Mobile Home Park, was present for the meeting.

                 Councilor John Greer , Planning Commission Liaison, informed the Council that pursuant to a duly held public hearing by the Planning Commission that was held on January 25th on a request by the City to consider approving an amendment to Zoning Ordinance 80 relating to penalties for Signs, amendment to Ordinance 65 relating to permissible occupancy of dwelling units, and new Ordinance 67 regulating building moves in and out of the City.    Mr. Greer recommended that the Planning Commission approve the aforementioned amendments and Ordinance 67.   Mayor Jamie Thelen, with the consensus of the Council, directed the City Clerk/Administrator to clearly define in text the number of individuals that would be permitted in a dwelling unit, and to insert language in Ordinance 67 that would require the applicant to obtain a conditional use permit which would allow the City to impose additional conditions or requirements for the permit.   After due discussion and upon the Planning Commissions recommendation, a motion was made by John Greer and seconded by Tom Kasner to approve amendment Ordinance 80.11 (Signs), Subdivision 24, Violations and Penalties.  All voted for the motion and it carried.  The complete text of the said amendment is on file at the office of the City Clerk/Administrator for public inspection during normal business hours.

                 Councilor Tom Kasner presented to the Council the following two quotes that were received for a storm water improvement on 7th Street South :

                                 Kotzer Excavating, Albany                  $17,610

                                Lange Trenching, Avon                                      $17,905

                 Mayor Jamie Thelen, with the consensus of the Council, informed Mr. Mergen that no action will be taken on this matter until additional information can be obtain and presented to the Council on the amount of storm water that flows through the existing pipes and what can be anticipated during heavy storm fall periods to assure improvements are completed satisfactorily.

                 Councilor Dennis Sand, Park Board Liaison, informed the Council that Ross Voit , 720 5th Street, submitted his name as a potential candidate for the City’s Park Board which would replace the position formally held by James Kastanek whose three-year term had expired after serving 36 years on the Board.    After due discussion, a motion was made by Dennis Sand and seconded by John Greer to appoint Ross Voit as a Park Board member for a three-year term.  All voted for the motion and it carried.

                 Mr. Kasner reported that the Albany Fire Department will receive $25,250 from Stearns County to purchase 800 MHz radios for the said Department.

                 Mr. Stueve presented to the Council a lease cost comparison between the Albany Chrysler Center and Travel Management (State of MN ) for a Dodge Charger Police Vehicle.   After due discussion, a motion was made by Dennis Sand and seconded by John Greer to authorize Mr. Stueve to enter into a lease agreement with the Albany Chrysler Center for a 2007 Dodge Charger Police vehicle. All voted for the motion and it carried.

                 Ted Boran, Patrol Officer, was present for the meeting.  Mayor Jamie Thelen welcomed Mr. Boran to the Council meeting and as the new full-time Patrol Officer for the Albany Police Department.

Mayor Jamie Thelen announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, February 21, 2007 and adjourned the meeting at 8:55 PM .

 Tom Schneider

Clerk/Adm.             

 FEBRUARY 21, 2007, CITY COUNCIL 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 Jamie Thelen at 6:30 o’clock in the evening on Wednesday, February 21, 2007, in the Council Room at 400 Railroad Avenue for the said City.

               Members present were:  Mayor Jamie Thelen, Councilors Dennis Sand, James Beuning, Tom Kasner, and John Greer. None were absent.

 James Stueve, Police Chief, Mike Kosik, Editor, Stearns Morrison Enterprise, and Joseph Mergen, Public Works Supervisor, 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 bills: Check Numbers 57322 to 57361 and 12322 to 12343. All voted for the motion and it carried.

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

John Hoefs, Administrator, Mother of Mercy Campus of Care, appeared before the Council to introduce himself as the new Administrator for Mother of Mercy Campus of Care and related background.  Mr. Hoefs informed the Council that he is very excited to take over the leadership at the aforesaid facility and realizes its importance to the City’s economy.  Mayor Jamie Thelen, with the consensus of the Council, welcomed Mr. Hoef to the community and noted that over the years the City has worked together on many improvements projects.

James Czajkowski, President, Albany Fire Relief Association, appeared before the Council to inform the Council that the Fire Board had reviewed and provided no additional comments on the proposed amendments to the by-laws of the said Association as recommended by the State Auditor’s Office.  Mr. Czajkowski noted that there have been several amendments over the years and the current draft presented is a clean document which incorporated all amendments into one document. After due discussion, a motion was made by John Greer and seconded by Dennis Sand to approve the restated by-laws for the said Association and directed the Mayor and City Clerk/Administrator to execute the document on behalf of the City.  All voted for the motion and it carried.

Jeff Johnson, Stearns County Appraiser for the Stearns County Assessor’s Office, the City’s appointed Assessor, appeared before the Council to present information pertaining to the upcoming 2007 Assessment (market value) for property taxes payable in 2008.   Mr. Johnson noted that he is estimating a 3% to 5% increase in residential properties and 5% to 7% increase for commercial/industrial properties.   Mr. Johnson noted that the City’s Board of Review/equalization meeting will be held at 6:00 PM, on Wednesday, May 2nd at City Hall and notices mailed to all property owners in the month of April.  Mr. Johnson also noted that he will make himself available at City Hall a week or so before the Board of Review meeting if any property owners wish to review their property details privately.  Mayor Jamie Thelen noted that all the information presented at the meeting is available for public review at the City Clerk/Administrator’s office during regular office hours.

Mr. Mergen presented to the Council information relating to hiring a full-time Laborer in the Public Works Department.  Mr. Mergen noted that the funds have been budgeted and recommended that the Council authorize the City Clerk/Administrator to proceed with the application process.  After due discussion and upon the recommendation from Mr. Mergen, a motion was made by James Beuning and seconded by Tom Kasner to direct the City Clerk/Administrator to publish a notice in the local newspaper for a full-time Laborer position.  All voted for the motion and it carried.

               Mark Wallis, the City Engineer, with the firm of Bonestroo, Rosene, Anderlik, Associates, St. Paul, MN, appeared before the Council to inform the Council that a construction progress meeting was held on February 13th with Robert L. Carr, Co, the General Contractor, and several sub-contractors regarding the construction schedule of the Water Treatment Plant.   Mr. Wallis noted that the substantial completion date, April 5th, will not be met by the contractor, but was assured that the project would be completed by July 31, 2007, the final completion date.  Mr. Wallis also noted that specifications, construction schedules, completion dates, quality of work, and liquidated damages were discussed.   Mr. Wallis informed the Council that CenterPoint (Minnegasco) Energy will charge the City $5,800 for natural gas installation to the site and having researched options for other heating sources, it appears that this is the most practical.  After due discussion, Mayor Jamie Thelen, with the consensus of the Council, directed Mr. Wallis to inform CenterPoint (Minnegasco) Energy to schedule the natural gas installation in the spring.

               Councilor John Greer, Street Commissioner, informed the Council that he, Mr. Mergen, and Mr. Schneider met with the City Engineer to discuss a proposed Capital Improvement Plan for various street reconstructions, seal coat, and other routine improvements.   Mr. Greer noted that a proposed Plan will be presented to the Council at a future meeting and that David Drown, the City’s Financial Consultant, will prepare a computer model to determine the financial capability and timeframe to complete the improvements.   Mr. Greer also noted that one of the larger improvement projects discussed is Railroad Avenue or Mainstreet (State HWY #238) reconstruction which would possibility include sidewalk, curb/gutter, ornamental lighting, water main, sewer main, services, electric wire relocate, etc.   Mayor Jamie Thelen, with the consensus of the Council, directed Mr. Greer to continue to prepare a proposed Capital Improvement Plan and schedule an informational meeting with all property owners abutting Railroad Avenue (Mainstreet) to determine what improvements should be considered and options for paying for improvements.

               Mr. Greer presented to the Council a proposed cost to replace several street signs that are in need of repair.  After due discussion, a motion was made by James Beuning and seconded by John Greer to direct Mr. Mergen to purchase the street signs from M-R Sign, Fergus Falls, MN at a cost of $3,321.89.  All voted for the motion and it carried.

Councilor Dennis Sand, Park Board Liaison, informed the Council that the City received a letter from Cindy Dirkes informing the Council that she is resigning from the Park Board effective immediately.   Mr. Sand noted that Ms. Dirkes has been a member of the Park Board for twenty-two years and that two years remain on her three-year term; whereby a notice should be published in the local newspaper soliciting any interested residents for the position on the Board.   Mayor Jamie Thelen thanked Ms. Dirkes for her many years of unselfish dedication and commitment to the development of the Parks in the City.   After due discussion, a motion was made by Dennis Sand and seconded by John Greer to accept the said letter and to direct the City Clerk/Administrator to publish a notice in the newspaper accepting applications for the position on the City’s Park Board for those who reside within the City limits.  All voted for the motion and it carried.

Councilor Tom Kasner, Fire Department Liaison, informed the Council that pursuant to a duly held public hearing on February 15th by the Albany Area Fire Board, the said Board approved the 2006 Fire Department Operations Reimbursement schedule and 2007 Capital Equipment Fund payment. 

Mayor Jamie Thelen, Albany Golf Club Liaison, informed the Council that the Golf Club recently approved the membership and green fees for the year 2007 and will present 2007 budget information to the Council next month.

Mr. Stueve appeared before the Council to present information relating to a Liquor Ordinance violation which occurred at Paul’s Par-A-Dice; whereby an Officer while on routine patrol witnessed nudity in the establishment involving two women.  Mr. Stueve outlined the penalties as per Ordinance that the Council may consider against Sean Artley, owner of Paul’s Par-A-Dice.  Mr. Stueve also noted that he would like to see what measures are taken by Mr. Artley to assure that a similar incident does not happen in the future.  Councilor Dennis Sand noted that he objects to a penalty for the owner due to the fact that the owner was not at the establishment when the incident occurred and recommended that before the Council considers any penalties, the owner should be invited to a Council meeting to discuss the incident and related penalties.    Mr. Stueve informed the Council that the licensee is responsible for the conduct of the place of business and the condition of sobriety and order in the building which include employees.   After due discussion and careful consideration, a motion was made by John Greer and seconded by James Beuning to impose a fine to Sean Artley, owner of Paul’s Par-A-Dice in the amount of $2,000 with $1,500 of it stayed provided no similar violations occur within a year of the date of the incident and the owner must provide evidence or a plan within 30 days on how he will prevent a similar violation in the future.   Voting for the motion were Mayor Jamie Thelen, Councilors James Beuning, John Greer and Tom Kasner.  Councilor Dennis Sand voted against and the motion carried.

Mr. Schneider presented to the Council proposed Ordinance regulating building moves in and out of the City as reviewed and recommended by the Planning Commission.    Mr. Schneider noted that any buildings greater than 130 square feet will require a conditional use permit, a public hearing, insurance, building code compliance, and licensed mover.   After due discussion, a motion was made by Mayor Jamie Thelen who introduced the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING SUMMARY PUBLICATION

OF ORDINANCE 67

REGULATION OF BUILDING MOVES

The motion for the foregoing Resolution was seconded by Dennis Sand and after a full discussion thereon and upon a vote being taken thereon, the following voted in favor thereof:  Mayor Jamie Thelen, Councilors Dennis Sand, James Beuning, Tom Kasner, and John Greer and none voted against the same; whereupon the said Resolution was declared duly passed and adopted.  The full text of the aforesaid Ordinance 67 is on file at the office of the City Clerk/Administrator for public inspection during normal office hours. 

Mr. Schneider presented a proposed draft of a Large Gathering Permit for the purpose of obtaining information from an organization that will be conducting an outdoor event such as musical, racing, political, promotional, social entertainment or other similar type of activity.  Mr. Schneider noted such information included in the application would be the number of days, maximum number of participants expected, name of coordinator, cell phone numbers, certificate of insurance, security, noise, alcohol, etc.   After due discussion, a motion was made by Tom Kasner and seconded by John Greer to approve the Large Gathering (outside) Permit for those outside events that exceed 150 participants and to include on the application the definition of “large gathering”.  All voted for the motion and it carried.

The Council took notice of a proposed Arrangement Agreement between the City and Schlenner Wenner Company, St. Cloud, MN, for audit services to prepare the City’s annual Comprehensive Financial Report for the years 2006, 2007, and 2008.   Mr. Schneider presented to the Council a survey of audit fees that other nearby cities pay.    Councilor Dennis Sand recommended that the City consider bidding these services.   Mayor Jamie Thelen noted that the proposed agreement depicts a six percent increase each year.  After due discussion, a motion was made by John Greer and seconded by Mayor Jamie Thelen to approve the said Agreement.  Voting for the motion were Mayor Jamie Thelen, Councilors James Beuning, John Greer and Tom Kasner.  Councilor Dennis Sand voted against and the motion carried.

Mr. Schneider informed the Council that the City will no longer have a need to retain the property at 1030 6th Street, the present site of Well No. 2, once the Water Treatment Plant is on-line and recommended that it be surveyed and sold as surplus property for two single family residential lots.  After due discussion, a motion was made by Mayor Jamie Thelen and seconded by Dennis Sand to authorize  Bonestroo, Williamson, Kotsmith, Inc., St. Cloud, MN to survey the property at Well No. 2, at a cost not to exceed $1,000.  All voted for the motion and it carried.

               Mayor Jamie Thelen announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, March 7, 2007 and adjourned the meeting at 8:40 PM.

 Tom Schneider

Clerk/Adm.

 

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