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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 Tom Kasner at 6:30 o’clock in the evening on Wednesday, January 6, 2021, in the Council Room at 400 Railroad Avenue for the said City.

Other Council members present were: Councilors John R. Harlander, Keith Heitzman, Al Amdahl, and Adam Rushmeyer. None were absent.

Tom Schneider, Clerk/Adm., Joe Mergen, Public Works Supervisor, Kate Asfeld, Editor, the Star Post, Susan Dege, City Attorney with the firm of Jovanovich, Dege, Achmann, St. Cloud, MN, and Jeremy Mathiasen, the City Engineer with the firm of Stantec, Inc., St. Cloud, MN. Others present from the Albany Golf Club were: Jack Evens, Craig Baggenstoss, Rick Christensen, and Tim Buerman.

The Council recited the Pledge of Allegiance.

Mr. Schneider administered the Oath of Office to Mayor Tom Kasner, Councilor Keith Heitzman, and Councilor John R. Harlander who were elected to the offices at the November 3rd Municipal Election.

The Council took notice of approval of payment of bills. After due discussion, a motion was made by Keith Heitzman and seconded by John R. Harlander to authorize electronic payments (payroll), transfers, and the payment of the following bills: Check Numbers 70641 to 70680. All voted for the motion and it carried.

Mayor Tom Kasner called for any corrections or additions to the minutes of the regular meeting of the Council held on December 16th and hearing none declared them approved.

Open forum/public comments: none

Jack Evens, member of the Albany Golf Club Fund Raising Committee, appeared before the Council to update the Council on quotes received for the construction of a building on the driving range. Mr. Evens presented to the Council bids received for the construction, electrical, and heating; whereas the total building cost is $158,104. Mr. Evens noted the estimated incidentals for the building operation is $32,900. Mr. Evens also noted the contract being considered between the golf club and TopTracer, a golf ball tracing system/monitors, will cost $2,400/month for 10 months over a 5-year period. Mr. Evens informed the Council the donated funds raised by the golf club for the building project is $192,441 and no request will be made to the City or the golf club for funding assistance. Mayor Tom Kasner thanked Mr. Evens for the building information presented to the Council. Ms. Dege instructed Mr. Evens each contractor is required to execute a contractor terms agreement which includes insurance certificates. Mr. Buerman informed the Council the golf board supports the building project and had no objections to the information presented by Mr. Evens. After due discussion, a motion was made by John R. Harlander and seconded by Al Amdahl to approve the following bids contingent on approval of the club’s variance request and the City obtaining title of property adjacent to the driving range (1,250 sq.ft.) prior to construction:

• Arnzen Construction Co. (materials/curtain) $70,754

• Gaebel Construction (Labor) $28,750

• JT Electric (Labor/materials) $39,000

• Melrose Plumbing/Heating (Labor) $8,800

• Heating Units-direct purchase by City $10,800

Total: $158,104

All voted for the motion and it carried.

Councilor Adam Rushmeyer, Planning Commission Liaison, informed the Council the Planning Commission held a public hearing on December 29th on a request by the City of Albany on behalf of the Albany Golf Club, 500 Church Avenue, to rezone properties owned by the City as follows:

a. from R2 to Public Use District (adjacent to driving range)

b. from R2 to Public Use District (west of No. 1 tee box)

c. from R1 to Public Use District (No. 5 green)

d. from R1 to Public Use District (north of No. 5 green)

e. from R1 to Public Use District (walkway/trail to course from Par Drive Albany Golf Vistas Plat)

Mr. Rushmeyer informed the Commission several years ago the City on behalf of the Albany Golf Club purchased property adjoining the golf course for the purpose of allowing expansion of the golf course. Mr. Rushmeyer noted the properties purchased were zoned residential and recommended approval to rezone the aforesaid properties to the Public Use District. After due discussion and upon the recommendation from the Planning Commission, a motion was made by Adam Rushmeyer and seconded by Keith Heitzman to approve the request by the City of Albany on behalf of the Albany Golf Club, 500 Church Avenue, to rezone the aforementioned properties owned by the City from residential to the Public Use District. All voted for the motion and it carried

Councilor Adam Rushmeyer, Planning Commission Liaison, also informed the Council the Planning Commission held a second public hearing on December 29th on a request by the City of Albany on behalf of the Albany Golf Club, 500 Church Avenue, for a variance to relax the rear yard requirement of twenty (20) feet to allow for the construction of a 29’ x 153’ detached 3-sided structure to be erected on the driving range in a Public Use District. Mr. Rushmeyer informed the Council the City and the adjacent property owner entered into a purchase agreement for the City to purchase 1,250 sq.ft. to allow the shelter to be seven (7’) feet from the property line. Ms. Dege noted the closing date will be scheduled very soon. After due discussion, a motion was made by Adam Rushmeyer and seconded by John R. Harlander to approve the request by the City of Albany on behalf of the Albany Golf Club, 500 Church Avenue, to relax the rear yard requirement of twenty (20) feet to allow for the construction of a 29’ x 153’ detached 3-sided structure to be erected on the driving range as follows:

1. The variance request is consistent with the comprehensive plan in that it encourages new construction and increased recreational uses.

2. The variance will not be detrimental to the public welfare.

3. The variance will allow the club to be open for additional months for the public to enjoy.

4. The practical difficulty is the fact that there being no other adequate area to put this driving range that won’t interfere with the already developed operation of the rest of the golf course.

5. The unique circumstances are that there is no other undeveloped land that could be purchased to accommodate the setback in that area.

6. The variance is not sought solely for reasons of increased financial gain.

7. Relax the rear yard setback from twenty (20) feet to seven (7) feet to allow for the construction of a 3-sided structure/building (29’ x 153’) on the driving range on the public golf course in a Public Use District contingent upon the City’s acquisition of 1,250 sq.ft. of property adjacent to the driving range.

All voted for the motion and it carried.

Mr. Rushmeyer also noted Todd Horton resigned from the Planning Commission due to other commitments. Mr. Rushmeyer informed the Council Mr. Horton was appointed to the Commission in February 2006 and provided valuable expertise over the years on many developments and business expansions in the City. Mr. Rushmeyer noted a public notice will be published in the local newspaper seeking qualified applicants for consideration of the five-year term and recommended accepting his resignation. After due discussion, a motion was made by Keith Heitzman and seconded by John R. Harlander to accept the resignation of Mr. Horton from the Planning Commission and direct Mr. Schneider to advertise the board vacancy in the local newspaper. All voted for the motion and it carried.

The Council took notice of a Professional Services Agreement between Stantec Consulting Services, Inc., and the City for the 2021 Capital Improvements Project. Mr. Schneider noted the proposed agreement has been reviewed by the City Attorney and minor changes were made to the said Agreement. After due discussion, a motion was made by Al Amdahl and seconded by John R. Harlander to authorize Mayor Tom Kasner to execute the said Agreement on behalf of the City. All voted for the motion and it carried.

Mr. Mergen appeared before the Council to inform the Council the purchase price for the 2020 Mack demo single axle dump/plow truck is $208,535. Mr. Mergen noted the 2000 Sterling may be traded to the dealer at a value of $11,000 and which lowers the cost to $197,535. Mr. Mergen also noted the cost of a new plow truck would be nearly $228,000+/-. Mr. Harlander questioned if the City could sell the 2000 Sterling as surplus property hoping to sell at a higher value than the trade-in value. After due discussion, a motion was made by Al Amdahl and seconded by Adam Rushmeyer to purchase the 2020 Mack less the 2000 Sterling trade at a cost of $197,535, but request permission from the dealer to allow the City to sell the 2000 Sterling as surplus property and if not, proceed to purchase the 2020 Mack. All voted for the motion and it carried. Mr. Schneider noted if the dealer has no objection to the City selling the 2000 Sterling, a notice will be published in the Star Post, the local newspaper, next week soliciting bids for the said plow truck.

Mr. Mergen noted the Warming House on North Lake is open for public skating every day from noon to 9:00 PM and the Public Works Department will maintain the skating rinks and building on a regular basis.

Councilor Al Amdahl, Park Board Liaison, informed the Council the Albany Area Jaycees donated $10,000 to the Park Board for the purpose of funding a future splash pad. Mr. Amdahl noted the proposed idea will be discussed at the next board meeting. Mr. Amdahl also noted Grant Johnson, a school teacher and Jaycee member, submitted the only application for the board vacancy and recommended he be appointed. After due discussion, a motion was made by Al Amdahl and seconded by Adam Rushmeyer to appoint Grant Johnson to the Park Board for a three-year term. All voted for the motion and it carried.

Mr. Schneider presented to the Council a proposed resolution to authorize the City Clerk/Adm. to pay claims or invoices in an amount of $10,000 or less prior to Council meetings pursuant to MN State Statute 412.271, Subd. 7 and Subd. 8. Mr. Schneider noted the resolution is presented to the Council annually. After due discussion, a motion was made by Mayor Tom Kasner who introduced the following Resolution and moved its adoption:

RESOLUTION 2021-01

RESOLUTION APPROVING THE DELEGATION OF

AUTHORITY FOR PAYING CLAIMS PRESENTED TO THE CITY OF ALBANY

The motion for the foregoing Resolution was seconded by Keith Heitzman and after a full discussion thereon and upon a vote being taken thereon, the following voted in favor thereof: Mayor Tom Kasner, Councilors Al Amdahl, John R. Harlander, Adam Rushmeyer, and Keith Heitzman, and none voted against the same whereupon the said Resolution 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.

Mr. Schneider informed the Council Kathleen Murphy, Murphy Management Consultants, Eagan, MN, completed the 2020 Pay Equity Implementation Report, a job evaluation system used to measure skill, effort, responsibility, and working conditions under the same system for all classes of public employees. Mr. Schneider informed the Council that the State Job Match system confirmed that the City of Albany is in compliance with the State Pay Equity Act, Minnesota Statutes 471.991 to 471.999 and recommend the said Report be submitted to the State for final compliance approval. After due discussion, a motion was made by John R. Harlander and seconded by Keith Heitzman to approve the 2020 Pay Equity Implementation Report and directed Mr. Schneider to submit the information to the Pay Equity Coordinator at the Minnesota Management and Budget Offices. All voted for the motion and it carried.

Mr. Schneider informed the Council Chad Martini, Stearns County Land Services, was contacted by a resident who requested statute information regarding a petition the residents are considering to submit to Stearns County for a redetermination of benefits to County Ditch 28 and how to move the petition forward. Mr. Schneider noted if a petition were valid and contained signatures from property owners representing 26% of the current drainage benefit, state law dictates that a redetermination shall occur; whereas the County shows that a petition would need about 799 acres worth of signatures. Mr. Schneider also noted he was told by Mr. Martini if a petition is valid according to state law, it does seem that Stearns County would be legally required to facilitate a redetermination of benefits to County Ditch 28 with all costs incurred to be paid by all property owners in the new benefit.

Mr. Schneider reported to the Council the following building permit data:

• Value of building permit received: $4,652,532

• Total building permits received: 80

• New residential homes constructed: 3

• Vacant lots available for residential homes:

o Albany Golf Vistas 16

o Whispering Oaks 11

o The Highlands 5

o Trails Edge 5

Mayor Tom Kasner informed the Council he received a few calls from the public wanting to know why political signs are allowed to remain on private property when the Zoning Ordinance prohibits the display of the signs ten-days after an election. Mr. Schneider informed the Council he is aware of the sign violations and many other cities are having the same issues. Mayor Tom Kasner, with the consensus of the Council, directed Mr. Schneider to forward a letter to those property owners in violation instructing them to remove the political sign.

Mayor Tom Kasner reported the following:

• COVID-19 vaccine arrived in MN and is being distributed to healthcare works and others. Police and fire departments to be offered the vaccine if requested will be January and February.

• Indoor Bars, restaurants, and other similar businesses to open at 50% capacity, with a maximum of 150 people. Parties of no more than six people, with bar seating open to parties of two. Six feet table distance. Reservations are required, and establishments must close by 10:00 PM.

• Gym capacity remains capped at 25%. Masks required.

• Places of worship open at 50% capacity, but without an overall maximum capacity.

• Indoor and Outdoor social gatherings, the number of individuals, is very limited too.

• Stearns County to distribute $3 million dollars in grants ($15,000/applicant) to eligible struggling businesses and nonprofits in January. Applications open on January 11th. All grant dollars must be distributed on or before March 15th by Stearns County. View on County website.

Mayor Tom Kasner announced the next regular Council meeting for 6:30 o’clock in the evening on Wednesday, January 20, 2021, and adjourned the meeting at 7:45 PM.   

____________________________

Tom Schneider

Clerk/Adm.

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