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THURSDAY, JULY 5, 2007, CITY
COUNCIL MEETING MINUTES
WEDNESDAY, JULY 18,
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 Thursday, July 5, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Dennis Sand, James Beuning, John
Greer, and Tom Kasner. None were absent.
James Stueve,
Police Chief, Robert Forster, Public Works Department Assistant,
Matt Mohs, the City Engineer, Bonestroo, Inc.,
St. Cloud, MN, Jamie
Thelen, Avon, MN, and Jack Evens, 320 Golf View Drive, Albany, MN,
were present for the meeting.
Mr. Schneider
administered the oath of office to Dennis Sand who was appointed
Mayor at the June 20th Council meeting.
Mayor Dennis
Sand recommended to the Council that former Council member Jack
Evens be appointed as a City Councilor to complete his unexpired
term which would end
December 31, 2008. After due discussion, a motion was made by Tom
Kasner and seconded by James Beuning to appoint Jack Evens as a City
Councilor for a term ending December 31, 2008. All voted for
the motion and it carried.
Mr. Schneider
administered the oath of office to Jack Evens for the position of
Councilor.
After due
discussion, a motion was made by James Beuning and seconded by John
Greer to authorize the payment of the following
bills: Check Numbers 57645 to 57682 and 12462 to 12474. 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 June 20th and hearing none
declared them approved.
Mayor Dennis
Sand presented a plaque to former Mayor Jamie Thelen for his
outstanding service and dedication as
Mayor and Planning Commission member for more than 10 years.
Mr. Stueve also
presented a plaque to former Mayor Jamie Thelen for serving as
Police Liaison to the Albany Police Department for the past several
years.
Geneva Haux,
379 Railroad Avenue, and Susan DiMaggio-Boom, Community Service
Officer (CSO), Albany Police Department, were present for the
meeting.
Mayor
Dennis Sand informed the Council
and members of the public present that evidence will be presented by
CSO DiMaggio-Boom in reference to a compliance order served on
Geneva Haux, owner of property at 379 Railroad Avenue, for violating
Ordinance No. 65. CSO DiMaggio-Boom informed the Council
that certified letters (compliance orders) were mailed to Ms. Haux
on June 13th and 14th informing her of the
specific violations and instructing her to correct the violations or
request an appeal in writing to the City Council and no such appeal
was received. CSO DiMaggio-Boom noted that the water was
discontinued to the apartment units because Ms. Haux has not paid
her water bill, the front window for apartment one has not been
replaced, a residents list not posted, and apartment number two was
rented without an approved rental license causing several Ordinance
65 violations. Ms. Haux informed the Council that she did not
receive the certified letters and requested that any future
certified letters be mailed to an Upsala address. Ms.
Haux also noted that it’s of her opinion that apartment number two
passed inspection had a current license. Councilor John Greer
noted that he’s only heard excuses why the aforementioned issues
have not been resolved and has heard nothing from Ms. Haux that she
disagrees with what CSO DiMaggio-Boom presented. After
due discussion, a motion was made by James Beuning and seconded by
John Greer to revoke the rental
license of Ms. Haux at 379 Railroad Avenue, for a period of six
months (January 16, 2008) for violating Ordinance 65.07.10,
65.10.11, and 65.10, require all three apartments to be re-inspected
before the issuance of a new rental license, water bill shall be
paid in full, and the remaining tenant shall evacuate the building
on or before July 15, 2007. All voted for the motion and it
carried.
Mr. Schneider informed the Council on all the
activities scheduled for Heritage Day which will be held on
Saturday, August 4th and recommended approval of a Parade
Permit and 5K Run/Walk Permit Application to the Minnesota
Department of Transportation (MN DOT) being State Hwy #238 or
Railroad Avenue will be used for these events. After due
discussion, a motion was made by
Tom Kasner
and seconded by James Beuning to approve the said Permit
Applications. All voted for the motion and it carried.
Traci Ryan,
David Drown Associates, Harold Desautel and
Angie Miller, Preferred Controls,
Albany, were
present for the meeting.
Pursuant to
due notice, at 7:00 o’clock, Mayor
Dennis Sand called the public hearing into session relating to the
proposed business subsidy for Desautel Properties, LLC, on behalf of
Preferred Controls, Inc. Ms. Ryan provided a quick
project summary to the Council regarding the construction of a new
8,000 square foot building in the Albany Business and Industrial
Park, new employee hire requirement, projected tax increment,
pay-as-you-go financing, and proposed business subsidy agreement.
Ms. Ryan noted that the tax increment (economic) district will be a
nine year district with estimated increments to be $105,000. Mayor
Dennis Sand closed the public hearing at
7:05 PM. After due discussion, a motion was
made by
John
Greer who introduced the following Resolution and moved its
adoption:
RESOLUTION
APPROVING
BUSINESS SUBSIDY TO
DESAUTEL
PROPERTIES, LLC ON BEHALF OF
PREFERRED
CONTROLS, INC.
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.
Mayor Dennis Sand noted
that the Business Subsidy Agreement with Preferred Controls will be
acted upon at the next Council meeting which is being prepared by
Ms. Ryan with the assistance of the City Attorney.
Ms. Ryan informed the
Council that the City Attorney has prepared the loan agreements,
mortgage and security agreements, promissory note, personal
guaranty, etc., relating to the following two projects: Higher
Grounds Enterprises, LLC (Rainbow Restorations, Inc.) and Desautel
Properties LLC (Preferred Controls, Inc.). After due
discussion, a motion was made by John Greer and seconded by Tom
Kasner to authorize Mayor Dennis Sand to execute the aforementioned
documents for both projects, add Preferred Controls a party to the
agreement, and Preferred Controls required to hire three full time
employees as per the effective date of their business subsidy
application. All voted for the motion and it carried.
Councilor John Greer, Planning Commission Liaison, informed the
Council that the Planning Commission at their June 28th
meeting reviewed a Site Plan submitted by Preferred Controls to
construct an 8,000 square foot building at 460 Huskie Drive in the
Albany Business and Industrial Park. Mr. Greer noted
that Stan Hanson, the City Engineer, reviewed the said Plan and
recommended approval with a few comments. Mr. Desautel
appeared before the Council and presented a revised site plan as per
the recommendation of the Planning Commission. Mayor Dennis
Sand commended the Mr. Desautel for submitting an adequate site plan
for the City’s review. After due discussion,
and upon the recommendation from the Planning Commission, a motion
was made by John Greer and seconded by James Beuning to approve the
site plan dated June 29, 2007 based on the following conditions:
-
If the width of the
proposed driveway on east side of property is not wide enough to
accommodate a semi-truck, it may be increased.
-
Entire parking lot to
be paved with curb/gutter.
-
Wetland, approximately
39,000 sq. ft., adversely affects adequate development of site. Only
20,000 sq. ft. buildable area on lot.
-
All issues (1 – 6)
noted in Mr. Hanson’s letter dated June 19th shall be
met.
-
21 parking spaces
-
No semi-trucks to be
backed out of property onto Huskie Drive.
All voted for
the motion and it carried.
Mr. Mohs
presented to the Council Pay Application Number 5 for the 230th
Avenue Improvements submitted by J.R. Ferche, Rice, MN and
recommended payment. After due discussion, a motion was made
by Tom Kasner and seconded by James Beuning to approve Pay
Application Number 5 in the amount of $32,941.23 and for the
aforesaid Improvements. All voted for the motion and it
carried.
Mr. Greer
informed the Council that
pursuant to a duly held public
hearing on June 28th, the Planning Commission approved a request
for a variance by Dennis Stang, 540 Church Avenue, to relax
the front yard set back of twenty-five (25) feet to allow for the
construction of a 32’ X 38’ addition. After due discussion, a
motion was made by John Greer and seconded by Jack Evens to approve
the aforementioned request as per the following:
-
Twenty-five (25) feet
front yard set back be reduced to one (1) foot.
-
Silt fence to be
installed on south side of property.
-
No part of the addition
or steps shall be located in City Right of Way (Church Ave).
-
Property pins shall be
exposed before any construction is to begin on property.
-
Severe slope or hill
prevents property owner from meeting set backs.
-
A retaining wall shall
be constructed on the southern hill to provide adequate mowing and
maintenance of the property.
All voted for
the motion and it carried.
Mr. Greer also
informed the Council that
pursuant to a duly held public
hearing on June 28th, the Planning Commission approved a request
for a variance by Dean Gerads, 151 6th Street, to
relax the side yard set back of ten (10) feet to allow for the
construction of an 8’ X 10’ shed. After due discussion, a
motion was made by John Greer and seconded by Tom Kasner to approve
the aforementioned request as per the following:
-
Ten (10) feet side yard
requirement be reduced to five (5) feet.
-
Existing Lot width, 40
feet, recognized to be very narrow and limited use.
-
Variance allows
placement of portable shed not to block driveway access to garage.
All voted for
the motion and it carried.
The Council took notice of a three day 3.2% Malt
Liquor (Beer) license for the Albany Lions Club. Mr. Schneider
noted the request relates to the annual softball tournament in the
North Park beginning July 27th and ending July 29th
which is being organized by the Albany Softball Association.
Mr. Schneider also noted that the Albany Lions are requesting the
same license for Saturday, August 4th, Heritage Day, to
be held adjacent to City Hall, 400 Railroad Avenue. After due discussion, a motion was
made by James Beuning and seconded by John Greer to approve the
aforesaid licenses for the Albany Lions Club. All voted for
the motion and it carried.
The Council also took notice of a
permit requested by the Albany Area Jaycees to allow for the display
of fireworks at the Albany Golf Club for the area known as the
driving range for Heritage Day, Saturday, August 4th and
if necessary on Sunday, August 5th, due to inclement
weather. After due discussion, a motion was made by James
Beuning and seconded by Tom Kasner to approve the said Permit.
All voted for the motion and it carried.
Mayor Dennis Sand informed the
Council that due to the resignation of former Mayor Jamie Thelen,
the following Council appointments should be considered by the
Council:
- Jack Evens
Albany Golf Club Liaison
- John Greer
Police Department Liaison
- Dennis Sand
Chairman EDA Board
- Dennis Sand
Weed Inspector
- James Beuning
Acting Mayor
After due discussion, a motion was
made by Jack Evens and seconded by John Greer to approve the
aforementioned appointments. All voted for the motion and it
carried.
Mr. Schneider
presented to the Council the following two quotes the
Public Works Supervisor received for the Jaycee Shelter
Improvements, an open air shelter addition, in the North Park:
Site Work
Amount
Medard Forster Jr.
Excavating
$900
Steven Anderson Excavating
$1,400
Construction
Amount
Affordable Renovations, Inc.
$16,690
Brian Sand Construction
$17,800
After due discussion, a
motion was made by Dennis Sand and seconded by Tom Kasner to hire
Medard Forster Jr., and Affordable Renovations, the two low bids,
for the aforementioned improvement. All voted for the motion
and it carried.
Mr. Schneider noted that
Sheryl Burg, the Part-Time Custodian for the City Administration
Building, has shown superior skills in maintaining the building in a
neat and clean manner over the years and upon a request by Ms. Burg,
recommended that her hourly wage be increased from $11.00 per hour
to $15.00 per hour. After due discussion, a motion was made by
John Greer and seconded by James Beuning to approve $15.00 per hour
for Ms. Burg effective immediately. 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, July 18, 2007 and adjourned the meeting at
8:30 PM.
Tom Schneider
Clerk/Adm.
WEDNESDAY, JULY 18,
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, July 18, 2007, in the Council Room at 400
Railroad Avenue for the said City.
Members present were: Mayor Dennis Sand, James Beuning, John Greer,
and Tom Kasner. Councilor Jack Evens was absent.
James Stueve, Police Chief, Joe Mergen, Public Works Supervisor,
Mike Kosik, Editor, Stearns Morrison Enterprise, and Matt Mohs, the
City Engineer, Bonestroo, Inc.,
St. Cloud,
MN, were
present for the meeting.
After due discussion, a motion was made by James Beuning and
seconded by John Greer to authorize the payment
of the following bills: Check Numbers 57683 to 57717 and 12475 to
12488. 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 July 5th. Councilor John
Greer recommended that the minutes relating to the hearing for Ms.
Haux make note that she appeared and commented, but did not disagree
with the evidence presented by CSO DiMaggio-Boom. Mr. Greer also
noted that Ms. Haux provided no evidence and support to deny the
Council’s decision to revoke her rental license and found that the
evidence in the compliance order to be true. Mayor Dennis Sand with
the consensus of the Council, hearing no other additions, declared
the minutes of July 5th to be approved.
Mr. Mohs appeared before the Council to provide an update on the
Whispering Oaks at
Two
River,
Albany Business and Industrial Park, and
6th Street/3rd Avenue Improvements.
Mr. Mohs informed the Council the staff for the Stearns County Highway
Department does not agree with the City’s proposed comments and
additions recommended by the City Attorney relating to proposed
Amendment Number One of the contract between the City and Stearns
County for the 6th Street (C.R. #53) Improvements. Mr.
Moths noted that the County will only consider the last paragraph of
the original draft of the said Amendment and/or they are fine with
moving ahead on the project without an amendment. After due
discussion, a motion was made by John Greer and seconded by Tom
Kasner to approve the said Amendment which only includes the last
paragraph from the original amendment. All voted for the motion and
it carried.
Kyle Rogahn, City Engineer/Inspector, Bonestroo, Inc.,
St. Cloud,
MN, appeared
before the Council to provide an update on the construction of the
Water Treatment Plant. Mr. Mohs presented to the Council Pay
Application Number 13 for the
said Improvements submitted by
Robert L. Carr,
Marshall,
MN. After
due discussion and upon the recommendation from Mr. Wallis, a motion
was made by James Beuning and seconded by John Greer to approve Pay
Application No. 13 in the amount of $277,050.50. All voted for the
motion and it carried.
Mr. Mohs informed the Council that the sod in the ditch adjacent to the
driveway for Jerry Lemke is not growing and presented alternatives
for the Council to discuss relating to the
230th Avenue Improvements. Mayor Dennis Sand, with the consensus of the Council,
directed Mr. Mohs to inform J.R. Ferche, Inc., the General
Contractor, to place regular seed mix in the ditch and the City will
water this area on a regular basis to obtain adequate grass growth.
Molly Thompson, CPA with the firm of Schlenner, Wenner and Company,
St. Cloud,
MN, the
City’s Auditor, appeared before the Council to present the final
2006 Comprehensive Financial Audit for all City operations including
the Albany Golf Club. Ms. Thompson also presented to the Council a
management letter which included the enterprise (water/sewer) funds.
After due discussion, a motion was made by John Greer and seconded
by Tom Kasner to approve the 2006 Comprehensive Financial Audit
including the recommendation to transfer funds from the General Fund
to various other City accounts. All voted for the motion and it
carried. The complete audit is on file
at the office of the City
Clerk/Administrator for public inspection during normal office
hours.
The Council took notice
of a proposed resolution for an amendment to Appendix “A” Albany
Schedule of Fees and Charges relating to the Biofuel Burners
Ordinance.
After due discussion, a motion was made by
John Greer who introduced the following Resolution and moved its adoption:
RESOLUTION ADOPTING
AMENDMENT TO APPENDIX “A”
ALBANY
SCHEDULE OF FEES AND CHARGES
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 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.
Mayor
Dennis Sand announced the next regular Council meeting for 6:30
o’clock in the evening on Wednesday, August 1, 2007 and adjourned
the meeting at 7:50 PM.
Tom Schneider
Clerk/Adm. |
