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NOTICE OF ALBANY CITY COUNCIL MEETING WEDNESDAY, JANUARY 2, 2008

WEDNESDAY, JANUARY 2, 2008, CITY COUNCIL MEETING MINUTES

WEDNESDAY, JANUARY 16, 2008, 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, January 2, 2008, 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 December 19th

4.                Public comments/discussion

5.                Geneva Haux – request of early restoration of rental license at 379 Railroad Avenue

6.                John J. Hoefs, CEO Mother of Mercy Campus of Care – present Resolution for the issuance of $5.1 million dollar Non-Profit Revenue Bonds

7.                Joseph Mergen, Public Works Supervisor  

8.                Dennis Sand, Park Department & EDA

9.                James Beuning, Utility Department and Equipment

10.             Tom Kasner, Fire Department

11.             Jack Evens, Golf Club

12.             John Greer, Street Department & Police Department

               13.             James Stueve, Police Chief

14.             Tom Schneider, Clerk/Adm. – MN Lawful Gambling Application Holy Family School

15.             Mayor’s announcements and letters

16.             Announce meeting dates and adjourn

Tom Schneider

Clerk/Adm.

WEDNESDAY, JANUARY 2, 2008, 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, January 2, 2008, in the Council Room at 400 Railroad Avenue for the said City.

               Other members present were:  Councilors James Beuning, Tom Kasner, and Jack Evens.  Councilor John Greer arrived at 6:45PM. None were absent.   

Joseph Mergen, Public Works Supervisor, James Stueve, Police Chief, Matt Mohs, City Engineer, with the firm of Bonestroo, Inc., St. Cloud, MN, and Mike Kosik, Editor, Stearns Morrison Enterprise, 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: Check Numbers 58135 to 58162 and 12675 to 12690. All voted for the motion and it carried.

Geneva Haux, owner of property at 379 Railroad Avenue and Chris Haux, were present for the meeting.   Mr. Schneider informed the Council that the City received from Ms. Haux a Petition for Early Restoration of her rental license at 379 Railroad Avenue.  Mr. Schneider noted that Dan Marthaler, Building Official, and Susan DiMaggio-Boom, Police Department CSO, agent for Crime Free Multi Housing inspected the property and found everything to be in order for early restoration of her rental license. After due discussion and careful consideration, a motion was made by Jack Evens and seconded by Tom Kasner to restore the rental license for Ms. Haux at 379 Railroad Avenue having successfully completed the repairs as per the Ordinance.  All voted for the motion and it carried.

John Hoefs, Administrator, Mother of Mercy Campus of Care, appeared before the Council to present a resolution for purpose issuance of nearly $5.1 million dollars of non-profit revenue bonds to provide funds to refinance existing debt, construction of an addition to the nursing home and improvements to the existing facilities. After due discussion, a motion was made by Tom Kasner who introduced the following Resolution and moved its adoption:

RESOLUTION NO. 2008-001

RESOLUTION OF INTENT TO ISSUE REVENUE BONDS

FOR A PROJECT BY MOTHER OF MERCY CAMPUS OF CARE

UNDER MINNESOTA STATUTUES, CHAPTERS 462C AND 469

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, 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 6:45PM. Ted Boran, Patrol Officer was present for the meeting.

Mr. Mergen informed the Council that Well No. 1, 221 4th Street, and Well No. 2, 1030 6th Street, will need to be permanently sealed being both are no longer used to pump water for the City’s Water Distribution System having recently constructed a new Water Treatment Plant which includes three new wells.   Mr. Mergen recommended that the City obtain quotations to seal both wells and demolish the building at Well No. 1.   After due discussion, a motion was made by James Beuning and seconded by Jack Evens to authorize the preparation of plans and specifications to obtain quotations for the closure of Wells No. 1 and 2 including the demolition of the building at Well No. 1.  All voted for the motion and it carried.

Mr. Mohs appeared before the Council to discuss the County Road 54 Utility Improvements which are listed in the Capital Improvement Plan for construction in 2012.   Mr. Mohs noted that the Council should consider the said Improvements to be constructed in 2008 in conjunction with the proposed trunk utility extension improvements south of Inspiration Lane in the Albany Business and Industrial Park.   Mr. Mohs noted that the improvements will increase fire flows to Wells Concrete Products, water quality, and creates a redundancy or looping of the water system to all users in the Albany Business and Industrial Park.  Mr. Mohs also noted that he would recommend that the County Road 54 Improvements be added to the infrastructure application to the MN Department of Employment and Economic Development (DEED) relating to the Wells Concrete Products project.   After due discussion, a motion was made by John Greer and seconded by Jack Evens to authorize the City Engineer to prepare the plans and specifications for the County Road 54 Utility Improvements and if possible, add this project to the DEED application.  All voted for the motion and it carried.

Councilor Jack Evens, Albany Golf Course Liaison, presented a preliminary financial report of the 2007 operations of the said Club and noted that a final audit will be completed within the next few months.

The Council took notice of two applications for a Minnesota Lawful Gambling Exempt Permit submitted by the Knights of Columbus to conduct their annual raffle and the Church of Seven Dolors for a raffle to be held each day in the month of April.  After due discussion, a motion was made by Tom Kasner and seconded by John Greer to approve the said applications. 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, January 16, 2008 and adjourned the meeting at 7:35 PM.

Tom Schneider

Clerk/Adm.

 WEDNESDAY, JANUARY 16, 2008, 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, January 16, 2008, in the Council Room at 400 Railroad Avenue for the said City.

               Other Council members present were:  Tom Kasner, John Greer, and Jack Evens.  Mayor Dennis Sand was absent.  

Joseph Mergen, Public Works Supervisor, James Stueve, Police Chief, Matt Mohs, City Engineer, with the firm of Bonestroo, Inc., St. Cloud, MN, and Mike Kosik, Editor, Stearns Morrison Enterprise, were present for the meeting.  

After due discussion, a motion was made by John Greer and seconded by Tom Kasner to authorize the payment of the following: Check Numbers 58163 to 58223 and 12691 to 12705. 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 December 19th.  Mr. Schneider informed the Council that a resolution should have been considered rather than a motion to adopt Appendix A, 2008 Albany Schedule of Fees and Charges.  After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

RESOLUTION (2008-002)

ADOPTING APPENDIX “A”

ALBANY SCHEDULE OF FEES AND CHARGES

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:  Acting Mayor 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.

Acting Mayor James Beuning called for any corrections or additions to the minutes of the regular meeting held on January 2nd and hearing none declared them approved.

Cheryl Toenyan, Albany Postmaster, Laura Brown, Acting Albany Postmaster, Dennis Stang, James Sand, Jamie Thelen, Ross Voit, Roger Dowell, and Roger Voit, were present for the meeting.

Garry Mattox, Real Estate Specialist, United States Post Office, Englewood, Colorado, appeared before the Council to discuss the proposed new Post Office Project in Albany.  Mr. Mattox noted that the Postal Service has determined that the present postal facility located at 141 5th Street is inadequate to serve the future postal needs of Albany and that funding has been approved to construct a new building or remodel an existing building in the community.   Mr. Mattox informed the Council that on or before September 30th, a location or site for a new Post Office must be determined and if not, then Albany will go to the bottom of the project list which will be another five years before funding will be considered.   Mr. Mattox noted that the next step is that postal architects will conduct an inspection on the existing postal building and upon the completion of their evaluation, decide how the project will proceed (expansion or relocation).  Mr. Mattox informed the Council that the postal service will then advertise in the local newspaper for possible buildings and/or sites for a new post office that will serve the needs of the community for many years.   Councilor Jack Evens questioned if the postal service prefers vacant land or demolition of existing homes for a potential site and would object to the idea that the new post office be located several blocks from the downtown area.  Mr. Mattox noted that if the postal service receives no offers from property owners for potential sites from advertising, the City may consider forming a committee, but no analysis would be required if plenty of offers from property owners are received.  Acting Mayor James Beuning thanked Mr. Mattox for attending the meeting and providing information to the Council and public relating to the steps involved in constructing a new Post Office in the City of Albany. 

Traci Ryan, David Drown Associates, appeared before the Council to present a proposed Tax Abatement and JOBZ Business Subsidy Agreement by and between the City of Albany and Wells Concrete Products Company.   Mr. Ryan noted that the said Agreement includes information when construction and business operation is to begin, job creation, wages, benefits, penalties, public purpose, representations and warranties.  Mr. Mohs informed the Council that the proposed County Road 54 Water/Sewer Improvements will provide a benefit to Wells Concrete Products and the watermain expenses are included in the Project Budget for Wells Concrete.  After due discussion and careful consideration, a motion was made by John Greer and seconded by Jack Evens to authorize Mayor Dennis Sand to execute the said Agreement on behalf of the City between the City and Wells Concrete Products.  All voted for the motion and it carried.

Scott Daninger, resident property owner and teacher at the Albany High School and Laurie Stein, teacher at the Albany Elementary, were present for the meeting.

Mr. Daninger appeared before the Council to solicit a financial donation and present information relating to the annual Middle Sauk River Water Festival, an educational water resources program for fourth grade students in Sauk Centre, Melrose, Meire Grove, Freeport, and Albany.   Mr. Daninger noted that Albany has participated in this program for the past few years and students learn who, what, where, when, why and how we can help preserve and protect water.   Mr. Mergen noted that when the City participates in the Well Head Protection Program, a requirement from the MN Department of Health, the City is required to provide annual educational information regarding ground water.  Mr. Mergen informed the Council that he had no objection if the Council would support the request.  After due discussion, a motion was made by John Greer and seconded by Tom Kasner to donate $250 to the Middle Sauk River Water Festival.  All voted for the motion and it carried.  

Councilor John Greer, Planning Commission Liaison, informed the Council that the Planning Commission met to discuss Stearns County Directional signs erected at the intersection of Stearns County Highway No.’s 41 and 10.   Mr. Greer noted that the signs were erected several years ago to provide direction to motorists for businesses south of Interstate 94 and with the addition of the Albany Business and Industrial Park, additional requests are being made to the Stearns County Highway Department. Mr. Greer noted that they really don’t fit any definitions in the Zoning Ordinance and relate to informational signs within public right-of-way.  Mr. Greer informed the Council that the Planning Commission is concerned about the number of signs potentially that would be erected by the County in the future at this intersection and would rather see one large sign on private property that is uniform in nature providing direction to the Albany Business and Industrial Park and other business south of Interstate 94.  After due discussion, a motion was made by Jack Evens and seconded by John Greer to direct the City Clerk/Administrator to meet with the Stearns County Highway Engineer to inform them that the City will only allow a maximum of sixteen (16) Stearns County business directional signs in the right-of-way at the intersection of Stearns County Highway No.’s 41 and 10.  All voted for the motion and it carried.  Acting Mayor James Beuning, with the consensus of the Council, took no action on the limiting the number of Stearns County directional signs along Stearns County Highway 41 adjacent to the Albany Wastewater Treatment Plant.

Councilor John Greer, Street Department Liaison, presented to the Council a cost estimate for the proposed 2008 Seal Coat Improvements.  Mr. Greer noted that the streets proposed for seal coating are those streets north of Railroad Avenue between 1st and 12th Street, and Lake Avenue.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to authorize the City Engineer to prepare the plans, specifications, and bid documents for the aforesaid Improvements. All voted for the motion and it carried.

 Mr. Stueve presented the following two quotes he received for purchasing an Outdoor Warning Siren: 1) Federal Warning Systems, $11,999; 2) Danko Emergency Equipment, $14,092. After due discussion, a motion was made by John Greer and seconded by Tom Kasner to accept the low bid from Federal Warning Systems to purchase an Outdoor Warning Siren in the amount of $11,999.  All voted for the motion and it carried.

Mr. Schneider presented to the Council the following two quotes he received for a land appraisal on City property known as Well No. 2 at 1030 6th Street: 1) Lenzmeier Real Estate Services, $1,800; 2) Granite City Appraisal, $500. After due discussion, a motion was made by John Greer and seconded by Jack Evens to accept the low bid from Granite City Appraisal for an appraisal in the amount of $500.  All voted for the motion and it carried.

 The Council took notice of a request by the Albany Area Jaycees to use the North Lake for their annual fund raiser called the Ice Cup Golf Challenge to be held on Saturday, February 23rd.  Mr. Stueve noted that he has not had any issues in the past and congratulated the Jaycees for their efforts in making this a safe event for the participants.  After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to approve an Event Permit to the Albany Area Jaycees for the aforementioned event.  All voted for the motion and it carried.

Mr. Schneider presented to the Council the following proposed Ordinance amendment as recommended by the Fire and Police Departments; whereby a motion was made by Tom Kasner who moved its adoption:

AMENDMENT TO ORDINANCE 82

BUILDING CODE

               The City Council for the City of Albany, HEREBY ORDAINS that following language is adopted as Section 82.02 of the Albany City Code:

“Section 82.02:  REQUIRED FIRE ACCESS EQUIPMENT.  Every commercial or industrial building or multi-family residential dwelling containing 4 or more units within the City of Albany shall be equipped with a Knox Box approved by the Fire Chief.  The cost of the Knox Box shall be the responsibility of the property owner.  The cost shall be determined by the Council and established in Appendix A.”

This amendment shall become effective upon adoption and publication.

This Ordinance was approved by the majority of the City Council of Albany on this 16th day of January, 2008.

_________________________                                  _____________________________

James Beuning, Acting Mayor                                       Tom Schneider, Clerk/Administrator

( S E A L )

This amendment was published in the Stearns Morrison Enterprise on January 22, 2008.

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:  Acting Mayor James Beuning, John Greer, Tom Kasner, and Jack Evens and none voted against the same; whereupon the Ordinance amendment was declared duly passed and adopted. 

 Acting Mayor James Beuning questioned if the City would consider forming a committee to assist in the proposed location of a new Post Office if the Postal Service receives no offers from advertising.  After due discussion, Acting Mayor James Beuning, with the consensus of the Council, noted that a committee would be formed if required.

Mr. Schneider informed the Council that there will be a public hearing on January 17th before the Stearns County Planning Commission on a request by Ken and Kathleen Eickhoff, 21204 Pioneer Road, Albany, to rezone approximately 39.2 acres from an Agricultural 40 (A-40) zoning district to a Residential 10 (R-10) zoning district.  Acting Mayor James Beuning, with the consensus of the Council, had no objection to the aforementioned request and noted that no comments have been made in the past for R-10 zoning along Pioneer Road in Albany Township.

Mr. Schneider also informed the Council that there will be a public hearing on January 22nd by the Stearns County Planning Commission to consider the enactment of an Ordinance for the adoption of the Stearns County Comprehensive Plan.   No action was taken by the Council.   

Acting Mayor James Beuning announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, February 6, 2008 and adjourned the meeting at 9:05 PM.

 Tom Schneider

Clerk/Adm.

 

 

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