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MAY 2, 2007, CITY COUNCIL MEETING MINUTES

MAY 2, 2007, BOARD OF REVIEW MEETING MINUTES

MAY 16, 2007, BOARD OF REVIEW MEETING MINUTES

MAY 16, 2007, CITY COUNCIL MEETING MINUTES

MAY 24, 2007, SPECIAL 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 Jamie Thelen at 7:10 o’clock in the evening on Wednesday, May 2, 2007, in the Council Room at 400 Railroad Avenue for the said City.

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

 Mike Kosik, Editor, Stearns Morrison Enterprise, James Stueve, Police Chief, and Joseph Mergen, Public Works Supervisor, 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 bills: Check Numbers 57515 to 57538 and 12391 to 12401. 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 April 18th and hearing none declared them approved. 

David Drown, David Drown Associates, appeared before the Council to present information pertaining to financing the proposed Capital Improvement Plan and the impact of such improvements on the City’s financial position including tax rate.   Mr. Drown noted that assessments on improvement projects stabilize the City’s tax rate.

               The City took notice of a Resolution to establish Tax Increment Financing District No. 12 and related plan for those properties within the Albany Business and Industrial Park.  After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

RESOLUTION

CALLING FOR A PUBLIC HEARING ON THE

CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 12

AND THE ADOPTION OF TAX INCREMENT FINANCE PLAN RELATING THERETO

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 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 said Resolution is on file at the office of the City Clerk/Administrator for public inspection during regular office hours.    The public hearing will be held at 6:30 o’clock in the evening on Wednesday, June 20th, at the Albany City Administration Building, 400 Railroad Avenue.   

Susan Dege, City Attorney, and Jay Bretto, Prosecution Attorney, with the firm of Rajkowski, Hansmeier, Ltd., St. Cloud, MN, were present for the meeting.  Ms. Dege introduced Mr. Bretto as the new Prosecution Attorney for the City of Albany and past history in this field.

Matt Mohs, City Engineer with the firm of Bonestroo, Williamson, Kotsmith, Inc., St. Cloud, MN, presented to the Council a summary of the bid results that were publicly opened at 11:00 o’clock in the morning on April 30th at the Stearns County Administration Center, St. Cloud, MN, for the 6th Street (CSAH 53) and 3rd Avenue reconstruction improvements.  Mr. Mohs noted that the Engineer’s estimate was $2,229,384 and noted that there were nine general contractors who bid the project.  Mr. Mohs presented the top three low bidders: 

Contractor                                          Total Base bid and Alternate 1

R.L. Larson Excavating                                    $1,832,579.90

Kuechle Underground, Inc.                             $1,839,302.71

Larson Excavating, Inc.                                    $1,910,560.36

               Mayor Jamie Thelen directed Mr. Mohs to provide the City with a breakdown of the soft costs on the proposed improvements which are estimated to be $480,000. After due discussion, a motion was made by Tom Kasner who introduced the following Resolutions and moved their adoption:

RESOLUTION CALLING HEARING ON

ASSESSMENTS FOR THE

2007 6TH STREET (CSAH 53) & 3RD AVENUE RECONSTRUCTION

IMPROVEMENTS

(6:30 PM, Thursday, May 24th)

 

RESOLUTION DECLARING COST TO BE

ASSESSED AND ORDERING PREPARATION

OF PROPOSED ASSESSMENT IN CONNECTION

WITH THE 2007 6th STREET RECONSTRUCTION (C.S.A.H. #53)

AND 3rd AVENUE RECONSTRUCTION IMPROVEMENTS

 The motion for the foregoing Resolutions were seconded by John Greer 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 Resolutions were declared duly passed and adopted.   The full text of the said Resolutions is on file at the office of the City Clerk/Administrator for public inspection during regular office hours.  

 Mayor Jamie Thelen announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, May 16, 2007 and adjourned the meeting at 9:35 PM.

 Tom Schneider

Clerk/Adm.    

 MAY 2, 2007, BOARD OF REVIEW MEETING MINUTES

Pursuant to due call and notice thereof a regular meeting of the Board of Review in and for the City of Albany, Stearns County, Minnesota, was called to order by Mayor Jamie Thelen at 6:00 o’clock in the evening on Wednesday, May 2, 2007, in the Council Room at 400 Railroad Avenue for the said City.

               Members present were:  Mayor Jamie Thelen, Councilors James Beuning, Dennis Sand, Tom Kasner, and John Greer.

Jeff Johnson, Stearns County Appraiser, the City Assessor, was present for the meeting.

               Terry Oehrlein, 101 Co. Rd. 10, Parcel No. 40.25041.100, appeared before the Board to inform the Board that the estimated market value increased from $638,400 to $688,200, an increase of nearly 8%.  Mr. Oehrlein questioned why the large increase having had difficulty in finding tenants to lease in his new building which was constructed two years ago.   Mr. Johnson provided the Board with information relating to all the buildings on the site and recent sales of existing buildings of similar square footage.  Mayor Jamie Thelen noted that due to the lease vacancies, the sales approach or income and expenses should be considered which had been done on other properties in the City when dealing with vacancies.  Mayor Jamie Thelen, with the consensus of the Council directed Mr. Johnson to meet with Mr. Oehrlein to review the rental income and expenses for the new 15,000 square foot building.

               Wendy Tamm, 502 Highlands Drive, Parcel No. 40.25353.035, appeared before the Board to object to her 2007 estimated market value of $201,800 and presented an appraisal dated April 3rd which showed a value less than the proposed market value.    Ms. Tamm noted that she paid less than the proposed market value and requested that the proposed market value be lowered.   After due discussion, a motion was made by Dennis Sand and seconded by James Beuning to reduce the total 2007 estimated market value from $201,800 to $189,000, a reduction to the building only and not the land value, for the aforesaid property.  All voted for the motion and it carried. 

               The Board took notice of a letter received from Jeanne A. Flynn, Power of Attorney, for and daughter of Auralia R. Klimmek, 1013 Court Avenue, Parcel No. 40.25649.000, requesting the Board to consider changing the proposed 2007 tax classification from residential non-homestead to residential homestead for the year 2007 and subsequent. After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to restate the tax classification to residential homestead.  All voted for the motion and it carried.

                The Board took notice of a letter received from Kevin Schiffler, Executor of the Henry Schiffler Estate, 121 8th Street, Parcel No. 40.25123.000, requesting the Board consider changing the proposed 2007 tax classification from commercial to residential non-homestead for the year 2007. Mr. Johnson noted that he reviewed the property and agrees with the request.   After due discussion, a motion was made by Dennis Sand and seconded by Tom Kasner to change the tax classification to residential non-homestead.  All voted for the motion and it carried.

              The Board took notice of a letter received from Michael C. Sundby, 354 Countryside Lane, 40.25900.004, requesting the Board reduce his proposed 2007 estimated market value from $96,700 to $88,800, the purchase price of his property.   Mr. Johnson informed the Board that he reviewed the property and would recommend that the market value be reduced to $94,800 having considered other similar properties.  After due discussion, a motion was made by Dennis Sand and seconded by John Greer to reduce the total 2007 estimated market value from $96,700 to $94,800.  All voted for the motion and it carried.

A motion was made by Tom Kasner to recess the Board of Review meeting to 6:00 o’clock in the evening on Wednesday, May 16th at the Albany City Administration Building to consider final action on the request by Mr. Oehrlein to review his property.  All voted for the motion and it carried.  Mayor Jamie Thelen adjourned the meeting at 7:10 PM.

 Tom Schneider

Clerk/Adm.   

 MAY 16, 2007, BOARD OF REVIEW MEETING MINUTES

Pursuant to due call and notice at 6:00 o’clock in the evening on Wednesday, May 16, 2007, Mayor Jamie Thelen continued the regular meeting of the Board of Review in and for the City of Albany, Stearns County, Minnesota in the Council Room at 400 Railroad Avenue for the said City.

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

Jeff Johnson, Stearns County Appraiser, the City Assessor, was present for the meeting.

Mr. Johnson informed the Board that he met with Terry Oehrlein, owner of property at 101 Co. Rd. 10, Parcel No. 40.25041.100, to discuss the estimated market value on his property which increased from $638,400 to $688,200.  Mr. Johnson noted that he was directed by the Board to review the income approach in conjunction with the other approaches to value and the possibility of applying a discount factor to recognize the lease-up and absorption period on the new multi-tenant building that came on line during 2005.  After due discussion, a motion was made by Jamie Thelen and seconded by Tom Kasner to reduce the 2007 estimated market value from $688,200 to $677,500 (the total estimated market value for land and buildings) based upon the market evidence that was presented.  All voted for the motion and it carried.

Mayor Jamie Thelen adjourned the meeting at 6:15 PM.

Tom Schneider

Clerk/Adm.

 

MAY 16, 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 Jamie Thelen at 7:10 o’clock in the evening on Wednesday, May 16, 2007, in the Council Room at 400 Railroad Avenue for the said City.

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

                Mike Kosik, Editor, Stearns Morrison Enterprise, James Stueve, Police Chief, and Joseph Mergen, Public Works Supervisor, were present for the meeting.  

                After due discussion, a motion was made by Dennis Sand and seconded by James Beuning to authorize the payment of the following bills: Check Numbers 57539 to 57574 and 12402 to 12415. 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 April 18th and hearing none declared them approved. 

Gene Bueckers, Pam Nissen, and Janine Kutter, Bueckers City Sanitation, were present for the meeting.

Gene Bueckers, owner of Bueckers City Sanitation, appeared before the Council to update the Council on the refuse collection services that his company provides for all residential customers of the City as per contract.   Mr. Bueckers noted that the City’s Spring Clean Up held on May 12th was a great success and many appliances, furniture, and other items were collected.   Mayor Jamie Thelen thanked Mr. Bueckers for attending the meeting and recommended that each year an update be provided to the Council on their refuse collection services.

 Mark Wallis, the City Engineer, and Matt Mohs, City Engineer with the firm of Bonestroo, Inc., St. Cloud, MN, were present for the meeting.

Mr. Wallis appeared before the Council to discuss Pay Application No. 12 for the Water Treatment Plant Improvements submitted by Robert L. Carr, Marshall, MN. After due discussion and upon the recommendation from Mr. Wallis, a motion was made by John Greer and seconded by James Beuning to approve Pay Application No. 12 in the amount of $240,972.70.  All voted for the motion and it carried.

Mitch Anderson, Stearns County Highway Engineer, was present for the meeting.

The Council took notice of a proposed amendment to the Agreement prepared by the County between the City and Stearns County Highway Department for the 6th Street Reconstruction Improvements (CR No. 53).   Mayor Jamie Thelen questioned the engineer responsibilities being Bonestroo, Inc. will represent the City and County.   Mitch Anderson noted that the contract for the improvements is between the County and the Contractor and that the proposed amendment is language that they will be using with other cities for future improvements.  Mayor Jamie Thelen, with the consensus of the Council, directed the City Clerk/Administrator to forward the proposed amendment to the City Attorney for review and comment.

The Council took notice of a proposed Professional Services Agreement between the City and Bonestroo, the City’s engineering firm.  Mr. Mohs noted that the proposed agreement can be drafted any way the City considers either as a master agreement for all projects or done on a project by project basis which would outline the services to be provided of the City Engineer and responsibilities of the City.  Councilor Dennis Sand questioned if any other cities enter into these agreements and requested that the City Clerk/Administrator conduct a survey of nearby cities. Mayor Jamie Thelen, with the consensus of the Council, directed the City Clerk/Administrator to forward the proposed amendment to the City Attorney for review and comment.

Mr. Mohs informed the Council that notices of the public hearing on the assessments for the 6th Street and 3rd Avenue reconstruction improvements have been mailed to the adjoining property owners and the public hearing will be held on Thursday, May 24th at 6:30 o’clock in the evening at City Hall.  Mayor Jamie Thelen noted that David Drown, the City’s Financial Consultant, and Jodi Teich, Assistant County Highway Engineer, will be attending the meeting.

Mr. Mergen presented the following quotes he received for a new camera system to televise the sanitary sewer pipes for routine maintenance of the system:

                Flexible Pipe Tool Company, St. Joseph                      $14,938

               ABM Equipment & Supply, Hackensack, MN              $23,594

After due discussion and upon the recommendation from Mr. Mergen, a motion was made by James Beuning and seconded by Tom Kasner to purchase the camera system from Flexible Pipe Tool Company at a purchase price of $14,938.  All voted for the motion and it carried.

 Councilor Dennis Sand, Park Board Liaison, reported to the Council that James Mader was elected as the Park Board Chairman and that all Board members at their last meeting toured the City Parks.

 Councilor Tom Kasner informed the Council that the 1963 GMC Tanker which is used by the City Public Works Department on minimal occasions and by the Fire Department as a back up in an extreme emergency is no longer needed as per Mr. Mergen and the Fire Chief; whereby both recommended that the vehicle be sold as surplus equipment.  After due discussion,  a motion was made by James Beuning and seconded by Tom Kasner to authorize the City Clerk/Administrator to publish an advertisement for bid for the aforesaid vehicle to be sold as surplus property.  All voted for the motion and it carried.

 Mayor Jamie Thelen, 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 Jamie Thelen and seconded by James Beuning to authorize the payment of the following bills: Check Numbers 31841 to 31999. Voting for the motion were Mayor Jamie Thelen, Councilors James Beuning, and John Greer and none voted against.  Councilors Dennis Sand and Tom Kasner abstained and the motion carried.

                The Council directed the City Clerk/Administrator to prepare the necessary documents to allow the City to sell surplus property for residential development formerly known as Well No. 2 at 1030 6th Street.  

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

 Tom Schneider

Clerk/Adm.

May 24, 2007, Special City Council Meeting Minutes

                 Pursuant to due call and notice thereof a special 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 Thursday, May 24, 2007, in the Council Room at 400 Railroad Avenue for the said City.

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

               James Stueve, Police Chief, Matt Mohs, City Engineer with the firm of Bonestroo, Inc., St. Cloud, MN, Dennis Miranowski, Bonestroo, Inc., Jodi Teich, Assistant Stearns County Highway Engineer, and Joseph Mergen, Public Works Supervisor, were present for the meeting.  

 David Drown, David Drown Associates, the City’s Financial Consultant, appeared before the Council to present information pertaining to financing public improvements.  Mr. Drown noted that the City as per policy assesses 35% of the costs for reconstruction improvements to the benefited properties and the remaining 65% is paid by property taxes collected in the community which has worked well the past few years.   Mr. Drown also presented information on how the City’s tax rate would increase if the City did not assess and would pay 100% for reconstruction improvements.

 Mr. Mohs appeared before the public to present the scope of the project, bid results and assessments for the aforesaid improvements.

 Pursuant to due notice, at 7:10 PM, Mayor Jamie Thelen called the public hearing into session to consider objections, if any, to the proposed assessments for the 6th Street (CSAH 53) and 3rd Avenue Reconstruction Improvements.

 Bruce Winter, 720 6th Street, appeared before the Council to question when it would be appropriate for homeowners to upgrade their water and sewer services and how access to properties would be maintained during construction.  Mr. Winter also questioned if existing driveway openings may be enlarged and noted that he is opposed to a new sidewalk in front of his house.

 Al Groetsch, 421 6th Street, questioned what the interest rate would be on the proposed assessments and opposes any new sidewalks.

 Delbert Clark, 240 6th Street, questioned if 6th Street would be designed for a 9 ton road or greater for the amount of traffic on the street and objected to property owners having to pay for sidewalks.  Mr. Clark also questioned why the residents are required to sign a Temporary Easement for the construction of the improvements.

 Pat Johnson, 330 6th Street, appeared before the Council to question what the annual payment including principal and interest would be for an assessment and how many years for payoff.   Mr. Johnson noted that if the proposed sidewalk on 6th Street north of Lake Avenue is not constructed, he would recommend that a new sidewalk be installed on the east side of 6th Street beginning at Lake Avenue and ending at Linden Avenue or Lions Park.

 Dale Hamann, 740 6th Street, informed the Council that he is opposed to a sidewalk in the front of his home and would like to see as many boulevard trees saved as possible.

 Gary Groetsch, 831 6th Street, informed the Council that the improvements should be paid 100% by the City being the street is used by the entire public.  Mr. Groetsch noted that 6th Street is primarily used for Hospital and The Highlands development traffic and strongly objects to paying 35% of the reconstruction improvements.   Mr. Groetsch also questioned where the contractor will begin the project and why the contractor is required to close the trench before leaving at the end of the day which adds considerably extra expenses to the project.

 Mike Blonigen, 810 6th Street, informed the Council that he objects to a new sidewalk in front of his home being his home is fairly close to the street compared to others in the community.  Mr. Blonigen also noted that several trees would have to be removed if the power poles were moved back and requested that the improvements be paid 100% by the City.

 Patricia Winter, 1011 6th Street, appeared before the Council to question what the intentions are for the City property across the street which is currently being used as a municipal well pumping station.   Ms. Winter noted that when the well is abandoned and if the property is sold for two new residential homes, the homes will decrease her property value.

 Tom Heinzel, 910 6th Street, informed the Council that his home is already too close to 6th Street and the installation of a sidewalk in front of his home would reduce his front yard; whereby he opposes the sidewalk.

 Randy Pelzer, 830 6th Street, questioned how the boulevards would be restored to their original condition and opposes a new sidewalk in front of his residence.

 Mary Zenner, 820 6th Street, informed the Council that she opposes a new sidewalk in front of her residence.

 Joyce Winter, 130 6th Street, questioned how the sidewalk costs were determined.

 Stephanie Nelson, 650 1st Avenue, appeared before the Council to question why she is required to purchase new water and sewer services from 7th Street when she already has a connection to 6th Street.   Ms. Nelson also questioned if she would have to pay for new water and sewer connections when 7th Street is reconstructed in the future.

 Dan Ebensteiner, 220 6th Street, informed the Council that he does not benefit from the improvements on 6th Street because his access to his residence is from the rear alley.  Mr. Ebensteiner noted that charging 2% over the bond interest rate for City administration and bonding expenses is too high and would not object if the sidewalk in front of his property was removed.

 Marie Dobmeier, 920 6th Street, informed the Council that she opposes the proposed sidewalk in front of her residence.

 Marlene Douvier, 901 6th Street, also informed the Council that she opposes the proposed sidewalk on the east side of 6th Street.

 Don Fischer, 900 5th Street, appeared before the Council to inform the Council that his assessment is too high and is opposed to paying for a 9 ton street which is mainly used for Hospital traffic including the heavy imaging semi-truck. 

Tammy Ebensteiner, 220 6th Street, questioned why the City is not paying 100% for the new street improvements being it is traveled by everyone and not just specific to those who reside along the street.  Ms. Ebensteiner noted that she opposes the sidewalk in front of her residence and the 2% charge above the bond rate.

 Mary Ann Rueter, 601 1st Avenue, questioned where the mailboxes would be temporarily placed during construction.

Geraldyn Dirkes, 411 6th Street, questioned if the contractor had been hired for the project.

 Ed Watry, 601 6th Street, recommended that the City pay 100% of the improvements being everyone uses the street and noted that the assessment was too high.

 Jodi Teich, County Highway Assistant Engineer, informed the Council and public that the trench at the end of the working day will be closed by the contractor due to liability issues for the County and City.  Ms. Teich also noted that the County will install new swing arm mailbox posts (urban style) for those existing mail boxes located along 6th Street.

  Mayor Jamie Thelen closed the public hearing at 8:40 PM.

 Councilor Tom Kasner informed the other Council members that he is in favor of installing a new sidewalk on the east side of 6th Street from Lake Avenue to Linden Avenue (Lion’s Park) and the City paying for the sidewalk.

 Mr. Drown noted that the interest rate for the bond is estimated to be 4.1% and explained how one would pay off the assessment within 30 days from the adoption of the final assessment roll or before November 15th of each year to the County Auditor or City Treasurer. 

 Councilor Dennis Sand noted that he would be in favor of charging 5.1% or 1 % over the bond rate to cover administration costs and to extend the assessment payments to 15 years.

 Mayor Jamie Thelen noted that typically the City has reinstalled existing sidewalks in those areas that currently have sidewalks and for past reconstruction projects, as per City policy, assessed 35% of the costs to the adjoining property owners.  Mayor Jamie Thelen also noted that in order to maintain stability in the City’s tax rate, assessments are a way to accomplish this task as per Mr. Drown financial analysis of the City.   Mayor Jamie Thelen informed the Council that if the proposed sidewalk is removed on the east side of 6th Street from Lake Avenue to the north, all assessments would be reduced a bit and the City would mail out the final assessment for each affected property depicting an amount less than previous mailed.

 After due discussion, a motion was made by Mayor Jamie Thelen who introduced the following Resolution and moved its adoption:

                                                 RESOLUTION

ADOPTING ASSESSMENT ROLL

6th Street (CSAH 53) and 3rd Avenue Reconstruction Improvements

The motion for the foregoing Resolution were 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 were 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.

After due discussion, a motion was made by John Greer and seconded by James Beuning to recommend to the Stearns County Commissioners that the 6th Street (CSAH 53) and 3rd Avenue Reconstruction Improvements be awarded to R.L. Larson Excavating, St. Cloud, MN.  All voted for the motion and it carried. 

Mayor Jamie Thelen adjourned the meeting at 8:55 PM.

Tom Schneider

Clerk/Adm.

 

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