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 WEDNESDAY, MAY 7, BOARD OF REVIEW MINUTES

 

WEDNESDAY, MAY 7, 2008 CITY COUNCIL MINUTES

 

WEDNESDAY, MAY 21, 2008, CITY COUNCIL 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 Dennis Sand at 6:00 o’clock in the evening on Wednesday, May 7, 2008, in the Council Room at 400 Railroad Avenue for the said City.

                Other members present were:  Councilors James Beuning, Tom Kasner, and John Greer. Councilor Jack Evens arrived at 6:05 PM.

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

                Herbert and Mary Binsfeld, 201 5th Street, appeared in person to appeal the property assessment completed for parcel number 40.25548.000.  The 2008 estimated market value was $146,000, and allocated as $23,500 for land value and $122,500 for building value.  After due discussion, a motion was made by James Beuning and seconded by John Greer to reduce the 2008 estimated market value to $132,100, and allocated as $23,500 for land value and $108,600 for building value based on some functional problems associated with the house and market evidence which lowered the building value.  All voted for the motion and it carried.

               The Board took notice of a letter received from Bradley and Gary Andvik, 138 8th Street, who appealed in writing the property assessment completed for parcel number 40.25074.000.  The 2008 estimated market value was $150,900, and allocated as $46,800 for land value and $104,100 for building value.  After due discussion, a motion was made by James Beuning and seconded by John Greer to reduce the 2008 estimated market value to James Beuning and seconded by Tom Kasner to reduce the 2008 estimated market value to $134,000, and allocated as $46,800 for land value and $87,200 for building value based on some physical problems associated with the building and market evidence which lowered the building value.  All voted for the motion and it carried.

                 Mayor Dennis Sand adjourned the meeting at 6:50 PM.

 Tom Schneider

Clerk/Adm.

WEDNESDAY, MAY 7, 2008, 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 Dennis Sand at 6:55 o’clock in the evening on Wednesday, May 7, 2008, in the Council Room at 400 Railroad Avenue for the said City.

               Other Council members present were: James Beuning, Tom Kasner, Jack Evens, and John Greer.  None were absent.  

              Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Matt Mohs, City Engineer, Bonestroo, Inc., and James Stueve, Police Chief.  

               After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to authorize the payment of the following: Check Numbers 58450 to 58504 and 12787 to 12810. 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 April 16th and hearing none declared them approved.

 Randy Ritter, Albany Area Jaycees, Chad Schmidt, Albany Area Jaycees, and Steve Bates, owner of the Albany Bowling Center, were present for the meeting.

 Mr. Ritter appeared in behalf of the Albany Area Jaycees to inform the Council that the Albany Bowling Center will be holding their first annual Summerfest 2008 on Saturday, June 28th, an outdoor event consisting of a bean bag tournament, beer garden, and live music.  Mr. Ritter noted that the Jaycees are requesting approval from the Council for a 3.2 malt liquor (beer) license and the parking lot area will be fenced for that specific area where the event will be held.  After due discussion, a motion was made by John Greer and seconded by Jack Evens to approve a one-day 3.2 malt liquor (beer) license for the Albany Jaycees for the annual Summerfest 2008 outdoor event to be held on June 28th at the Albany Bowling Center.  All voted for the motion and it carried.

 Mr. Ritter also informed the Council that the Albany Area Jaycees will be holding their annual Street Dance and Raffle on Saturday, June 14th at Stubby’s Tavern.  Mr. Ritter informed the Council that food/beer will be served including a local band for entertainment and the area will be properly fenced.   Mr. Ritter also noted that proceeds from the Raffle are used for community projects. After due discussion, a motion was made by Tom Kasner and seconded by James Stueve to approve a one-day 3.2 malt liquor (beer) license for the Albany Jaycees for their annual evening Street Dance/Raffle to be held on June 14th at Stubby’s Tavern.  All voted for the motion and it carried.

Don and Pam Fischer, 900 5th Street, were present for the meeting.

Mr. Mohs presented to the Council pictures of the Don and Pam Fischer property before and after construction of the curb/gutter and street (3rd Avenue) which abuts their property.  Mr. Mohs informed the Council that the street was shifted closer to the Fischer property to align the intersection which is commonly done for reconstruction projects in the City.  Mr. Mohs presented to the Council alternatives to consider which would improve or reduce the severity of the slope on the Fischer property.   Mayor Dennis Sand, with the consensus of the Council, directed Mr. Mohs to replace the curb at the same height and set the bottom step at the same sweep to the existing condition as before construction.

                Mr. Mohs informed the Council that work will begin on 6th Street and 3rd Avenue for final landscaping and other punch list items.

                The Council took notice of a proposed Professional Services Agreement between the City and Bonestroo relating to the 2008 Capital Improvements.  After due discussion, a motion was made by Jack Evens and seconded by Tom Kasner to approve the aforesaid Agreement and authorize the Mayor to execute on behalf of the City.  All voted for the motion and it carried.

                Mr. Mohs presented to the Council Change Order No. 1 (2008 Capital Improvements) for the purpose of replacing the Federal Heavy Sewer and Water Line Wage Decision for Minnesota included in the bidding documents. Mr. Mohs noted the wage decision included in the bidding documents did not reference Stearns County.   After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to approve Change Order No. 1.  All voted for the motion and it carried.

               Mr. Mohs also presented to the Council, the following quotations that were opened at Bonestroo on Thursday, May 10th at 12:00 o’clock noon for the abandonment of Wells No. 1 and 2 which relate to the Water Treatment Plant Improvements:

              Contractor                                          Base Bid

Thein Well Company                        $7,780

Steffl Drilling and Pump                  $7,980

Mark J. Traut Wells                          $8,150

E.H. Renner and Sons                       $10,100

Keys Well Drilling Company          $10,900

 The engineers estimate was between $12,000 and $15,000. After due discussion and upon the recommendation from Mr. Mohs, a motion was made by John Greer and seconded by Jack Evens to approve the aforesaid low bid submitted by Thein Well Company in the amount of $7,780.  All voted for the motion and it carried. 

 Councilor John Greer, Planning Commission Liaison, informed the Council that pursuant to a duly held public hearing before the City’s Planning Commission held on April 17th, the Planning Commission approved a request by Roger Dowell dba Rocky Ridge Outlet, 2009 County Road 156, for a variance (Section 80.20, Subd. 5 (a), to relax the front yard requirement of thirty (3) feet to erect a free standing business sign in a C2 Zone. After due discussion, a motion was made by John Greer and seconded by Jack Evens to approve the aforementioned variance request as per the following:

                -      Thirty (30) feet front yard requirement be reduced to nineteen (19) feet.

-        Variance assures sign will not be struck by motorized vehicles providing delivery service to the building rear due to existing parking lot design.

-        No adverse impacts to city facilities and services.

-        No impact to utility easements.

 All voted for the motion and it carried.

              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 32502 to 32585. 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.

 The Council took notice of a petition submitted by Wade Rodenwald, parcel number 40.25083.000, to levy to the Stearns County Auditor a deferred assessment in the amount of $12,042 to be payable over ten (10) years, beginning in 2009, with an interest rate of six (6) percent. After due discussion, a motion was made by Tom Kasner and seconded by Jack Evens to accept the aforesaid petition and to authorize the City Clerk/Administrator to certify the assessment to the Stearns County Auditor for collection beginning in 2009.  All voted for the motion and it carried.

              The Council also took notice of a proposed Subordination Agreement between the Albany Economic Development Authority and Higher Grounds Enterprises, LLC (Roger Dowell) relating to a bank mortgage being increased by Mr. Dowell for additional improvements to the Rocky Ridge Outlet mall and that the mortgage will be superior to the lien or charge of the Subordination Agreement.  After due discussion, a motion was made by James Beuning and seconded by John Greer to authorize the Mayor to execute the said Agreement on behalf of the Albany Economic Development Authority. All voted for the motion and it carried.

 Mr. Schneider presented to the Council a resolution prepared by Traci Ryan, the City’s Economic Development Consultant, relating to the JOBZ benefits for Wells Concrete Products. After due discussion, a motion was made by John Greer who introduced the following Resolution and moved their adoption:

                                            RESOLUTION 2008-013

APPROVING THE DESIGNATION OF SPECIFIC AREAS IN

THE CITY OF ALBANY FOR TAX FREE ZONES AND SUPPORTING THE

USE OF TAX EXEMPTIONS AND TAX CREDITS WITHIN THE DESIGNATED

ZONES

 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. The full text of the said Resolution is on file at the office of the City Clerk/Administrator for public inspection during normal office hours.

Mr. Schneider informed the Council that the City received a letter from Gary Mattox, the Real Estate Specialist for the United States Post Office, informing the City that the Postal Service selected property at 140 Railroad Avenue for a new Post Office.  Mayor Dennis Sand, with the consensus of the Council, directed Mr. Schneider to forward a letter to Mr. Mattox informing him that the Council is not opposed to the site they selected, but would rather have them consider 141 Railroad Avenue for a new Post Office.

              Mayor Dennis Sand announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, May 21, 2008 and adjourned the meeting at 8:30 PM.

Tom Schneider

Clerk/Adm.

 

WEDNESDAY, MAY 21, 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, May 21, 2008, in the Council Room at 400 Railroad Avenue for the said City.

 

               Other Council members present were: James Beuning, Tom Kasner, Jack Evens, and John Greer.  None were absent.  

 

Also present were:  Tom Schneider, Clerk/Adm., Joseph Mergen, Public Works Supervisor, Matt Mohs, City Engineer, Bonestroo, Inc., and James Stueve, Police Chief.  

 

After due discussion, a motion was made by Tom Kasner and seconded by James Beuning to authorize the payment of the following: Check Numbers 58505 to 58564 and 12810 to 12824. 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 May 7th and the Board of Review/Equalization held on May 7th and hearing none declared both approved.

 

               Kevin Brown, Patrol Officer, and Colette Flaten, 512 Pelican Lake Court, Avon, MN, were present for the meeting.

 

Mayor Dennis Sand opened the evidentiary hearing regarding an administrative fine issued to Ms. Flaten.  Ms. Flaten appeared before the Council to contest the administrative fine that was issued to her on May 17th for an open container outside Paul’s Par-A-Dice.   Mr. Brown appeared before the Council to provide information as to why the administrative fine was issued.  After due discussion, a motion was made by John Greer and seconded by Jack Evens that the City Council finds that Ms. Flaten committed the offense of possession of an open container of alcoholic beverage on a public street in violation of City Code section 60.24, imposed a fine, and conditions regarding additional offenses within the next 12 months.  All voted for the motion and it carried.

 

               Mr. Brown appeared before the Council to question if the Council would consider increasing the number of hours an employee can accumulate in his/her vacation bank which could be used for unexplained emergencies and other related family matters.  Mayor Dennis Sand directed Mr. Schneider, Mr. Greer, and Mr. Beuning to meet with Mr. Brown to discuss his proposal in more detail.

 

Mr. Mohs presented to the Council proposed change order number two to the 2007 6th Street/3rd Avenue Improvements which relate to additional landscaping materials at a cost of an additional $138.22.   A motion was made by Jack Evens and seconded by John Greer to approve change order number two in the amount of $138.22.  All voted for the motion and it carried.

 

The Council took notice of a request by the Albany Lions Club to conduct a raffle at the Heritage Day celebration on August 2nd for the purpose of supporting community projects and requests.  After due discussion, a motion was made by Tom Kasner who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2008-014

APPROVING MINNESOTA

OFF-SITE LAWFUL GAMBLING

(Albany Lions Club)

 

The motion for the foregoing Resolution was seconded by John Greer 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. The full text of the said Resolution is on file at the office of the City Clerk/Administrator for public inspection during normal office hours.

 

Mr. Mergen reminded the Council that there will be an open house at the new Water Treatment Plant on Thursday, June 19th from 5:00 PM until 8:00 PM.

 

Councilor Jack Evens, Albany Golf Club Liaison, presented to the Council information relating to the golf course operations and noted that revenues are lower than the previous year at this time due to colder temperatures and the late start in opening the course.

 

Mr. Stueve presented to the Council a resolution relating to the Police Department participating in the Safe and Sober Communities Project.  After due discussion, a motion was made by John Greer who introduced the following Resolution and moved its adoption:

 

RESOLUTION 2008-015

AUTHORIZING EXECUTION OF AGREEMENT

BETWEEN ALBANY POLICE DEPARTMENT

AND MN DEPARTMENT OF PUBLIC SAFETY

 

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. The full text of the said Resolution is on file at the office of the City Clerk/Administrator for public inspection during normal office hours.

 

Mr. Schneider informed the Council that the City received a letter from the Postal Service informing the Council that they have selected property at 141 Railroad Avenue as a potential site for a new Post Office and no longer are considering the property at 140 Railroad Avenue.  Mr. Schneider noted that the selected property will need to be rezoned from residential to commercial by the property owner and presented to the Planning Commission for consideration.

 

Mayor Dennis Sand announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, June 4, 2008 and adjourned the meeting at 7:45 PM.

 

Tom Schneider

Clerk/Adm.                       

 

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