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2007-12-03 CC MinutesA,lbertville Smog race lu ao aey u I& ALBERTVILLE CITY COUNCIL December 3, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. MINUTES Monday, November 19, 2007 City Council minutes; Monday, November 19, 2007 Committee of the Whole minutes Mayor Klecker asked the Council if there were any changes to the Monday, November 19, 2007 City Council minutes; Monday, November 19, 2007 Committee of the Whole minutes. MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Monday, November 19, 2007 City Council minutes as amended, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve the Monday, November 19, 2007 Committee of the Whole minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM PW Supervisor Guimont spoke on behalf of the residents that live along 50'' Street NE regarding the speed limit. Guimont brought it to the Council and staff s attention that Renae Vetsch who resides at 11731 — 50`h Street NE was hit by a vehicle traveling on 50'' Street NE. Guimont asked the Council what the City could do to prevent another accident like this. Wright County Sheriffs Department recently did a traffic speed study, but no action was taken following the speed study. MAPublic Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 2 of 7 City Administrator. Kruse recommended that staff could contact the Sheriff's Department to request additional patrolling of the area. Kruse noted there does not appear to be sufficient space along the roadside between the mailboxes and the traffic. Chuck Mason of 11580 — 50th Street NE expressed concerns with the speed limit along 50t' Street NE. Mr. Mason has encountered numerous occasions where an accident could have happened. One incident that had occurred is when he was on his way home and the vehicle behind him was in a hurry. As Mr. Mason approached his driveway, the driver behind him decided to pass at about the same time he was going to turn into his driveway. Council directed staff to contact the Wright County Sheriff's Department to increase the patrolling along 50t` Street NE within the Albertville city limits. AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council members and staff if there were any changes, additions, or removals to the Monday, December 3, 2007 City Council agenda. City Administrator Kruse added item under Building Department 8.C.1. Acknowledge the Request for Medical Leave Extension from Tori Leonhardt. Assistant City Engineer Nafstad asked to add item under Engineering 8.G.2. Albertville Premium Outlets Berm for discussion. MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, December 3, 2007 regular Albertville City Council agenda as amended. Motion carried unanimously. CONSENT AGENDA 0 CONSENT AGENDA All items with an asterisk () are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Mayor Klecker asked the Council if there were any items to be pulled from the Consent Agenda. MOTION BY Council member Fay, seconded by Mayor Klecker to approve the consent agenda, in which no items were pulled. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 3 of 7 DEPARTMENT BUSINESS BUILDING DEPARTMENT Acknowledge the Request for Medical Leave Extension from Tori Leonhardt City Administrator Kruse reminded the Council that the Permit Technician Tori Leonhardt was out on a Medical Leave of Absence. Over the past several months Ms. Leonhardt has been on a Family Medical Leave Act (FMLA), which as of 3:00 p.m. December 3, 2007 Leonhardt will have exhausted her FMLA. Ms. Leonhardt has notified her immediate supervisor Building Official Jon Sutherland that she would be able to return to work on Wednesday, January 2, 2008. According to FMLA, the City of Albertville is not required to hold the position for recuperation and reinstatement is not guaranteed. Kruse informed the Council that he has met with the Personnel Committee, Mayor Klecker and Council member Berning, to explain and discuss the situation. Since the Mayor and Council hold the authority to grant Ms. Leonhardt an unpaid medical leave of absence. Mayor Klecker acknowledged that Mr. Tom Leonhardt was here on behalf of Tori Leonhardt. Mr. Leonhardt spoke on behalf of Tori Leonhardt asking the Council to consider an extension of an unpaid medical leave of absence. Leonhardt informed the Council that Tori enjoys her job with the City of Albertville and hopes to remain employed here. MOTION BY Council member Wagner, seconded by Council member Berning to acknowledge the Receipt of Tori Leonhardt's Request for an Extension for a Medical Leave with the following motion: Motion to receive the report that Tori Leonhardt will exhaust her twelve weeks of Family Medical Leave Act (FMLA) and to grant her an unpaid leave of absence holding her position throu�h January 7, 2008 with Tori making payments for benefits as outlined in the November 28 letter. Furthermore, that prior to returning to work Tori Leonhardt submit a doctor's statement authorizing her to return to full duty. Motion carried unanimously. FINANCE DEPARTMENT Approve the Monday, December 3, 2007 Payment of Claims (bills) for check numbers 025025 to 025071 MOTION BY Council member Fay, seconded by Mayor Klecker authorizing the payment of claims that included check number 025025 to 025071 as presented except for those bills that are specifically pulled, which are passed by separate motion. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 4 of 7 Approve Resolution No. 2007-118 entitled a Resolution Adopting the 2008 Final Levy Finance Director Lannes stated this is the Resolution to adopt the 2008 Final Levy, which was discussed during the Truth -in -Taxation meeting held at 6:30 p.m. December 3, 2007. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Resolution No. 2007-118 entitled a Resolution Adopting the 2008 Final Levy as presented and on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2007-119 entitled a Resolution Adopting the 2008 Final Budget Finance Director Lannes reported that the Council and staff held a Budget meeting in late July early August of 2007. At the August 20, 2007 Council meeting, staff presented a Resolution adopting the Preliminary Budget. To complete the process of adopting the Final Budget, staff again prepared a Resolution for Council approval of adopting the 2008 Final Budget. MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-119 entitled a Resolution Adopting the 2008 Final Budget as presented and on file in the office of the City Clerk. Motion carried unanimously. Accept Finance Director's Monthly Financial Reports Finance Director Lannes asked the Council if they had any questions or concerns regarding the Financial Reports that were included in the December 3, 2007 Council packet. Lannes did point out that as of November 30'h all outstanding utility payments and accounts receivable invoices have been certified to the 2008 Property Taxes. Albertville City Council accepted the Finance Director's Monthly Financial Reports dated November 27, 2007 that were included in the Monday, December 3, 2007 Albertville City Council packet. CITY CLERK Approve Resolution No. 2007-112 entitled a Resolution Establishing the 2008 City Observed Holidays MOTION BY Council member Fay, seconded by Mayor Klecker to approve Resolution No. 2007-112 entitled a Resolution Establishing the 2008 City Observed Holidays as prepared and presented by staff, and on file in the office of the City Clerk. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 5 of 7 PLANNING AND ZONING Approve Ordinance No. 2007-17 entitled an Ordinance Approving the Heuring Meadows Rezoning from R-JA Low Density Residential to B-2 Limited Business District; therefore amending the 2005 Albertville Municipal City Code that would Update the Zoning Map MOTION BY Council member Fay, seconded by Mayor Klecker to approve Ordinance No. 2007-17 entitled an Ordinance Approving the Heuring Meadows Rezoning from R-lA Low Density Residential to B-2 Limited Business District; therefore amending the 2005 Albertville Municipal City Code that would Update the Zoning Map as presented, and on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2007-11 S entitled a Resolution Approving the Albertville City Hall Preliminary Plat and Final Plat located within the Albertville City limits MOTION BY Council member Fay, seconded by Mayor Klecker to approve Resolution No. 2007-115 entitled a Resolution Approving the Albertville City Hall Preliminary Plat and Final Plat located within the Albertville City limits as presented, and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Accept the Assistant City Engineer's Project Status Update Assistant City Engineer Nafstad asked the Council if they had any questions or concerns with the memorandum dated November 8 that was included in the Council packet. Nafstad brought to the Council's attention that the General Contractor has informed the City that the Developer, Minnesota Development Agency, has failed to provide payment for all work completed due funding shortfalls. The Contractor has also requested that the City draw on letters of credit to payoff the outstanding amount owed for the completed improvements. Staff is working with the Contractor, Developer, and Banks to resolve the issue. Council members accepted the Assistant City Engineer's Project Status Update dated Monday, November 26, 2007 as presented in the December 3, 2007 City Council packet. Albertville Premium Outlets Berm (discussion item) Assistant City Engineer Nafstad reported that the stockpile of dirt will soon be dealt with. The DNR has sent Chelsea Group notification that the berm located on the west -side of the WPublic DataTity Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 6 of 7 Albertville Premium Outlets 1 St Phase, which is not in compliance. Nafstad informed the Council that Chelsea Group is working with the property owner north of 67th Street NE, which is where the Chelsea Group intends to put the dirt. Chelsea Group needs to obtain a cost estimate to remove the dirt to bring the site into compliance. Once they receive the cost estimate, they will apply for the necessary excavation and or grading permit. The dirt will be placed and properly graded on the proposed site, which is the Roden's property. The drainage will remain non -impervious, which was questioned by the Council. Staff also commented they will monitor to the best of their ability the grading and drainage of the placement of the dirt on the Roden's property to prevent additional drainage issues Mr. Greniger has been experiencing. Nafstad stated that the DNR has requested that the Chelsea Group put a plan together by December 15. Council directed staff to work with the DNR and the Chelsea Group to remove the berm along the west -side of the Albertville Premium Outlets 1 St Phase, not to continue negotiations of a road at this point, review the drainage on the Roden's property to ensure not to have an impact on the drainage of the Greniger property, and to take care of the next site within seven (7) years. LEGAL Accept the City Attorney's Monthly Update City Attorney Couri asked the Council if they had any questions or concerns with the memorandum dated November 28, 2007 that was included in the Council packet. Council members accepted the City Attorney's Monthly Update dated November 28, 2007 as presented in the December 3, 2007 City Council packet. ADMINISTRATION Employee Recognition Event — tentative date set Friday, January 11, 2008 to begin at 6: 00 p.m. and discuss the invitation list City Administrator Kruse inquired if the date of Friday, January 11, 2008 works for the Council to hold an Appreciation to those who serve recognition event, which the Council confirmed the date will work. Kruse then brought up the tentative list of individuals to invite. Kruse suggested inviting Albertville city staff, consultants, volunteer Fire Fighters, Planning and Zoning Commission members, and the Parks and Recreation Committee members. Kruse then recommended inviting a few business owners that allow volunteer fire fighters to serve as day responders, which allows the fire fighter to leave work to respond to an emergency. Council appeared to be in agreement to allow a select few business owners to attend the recognition event. WPublic Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc City of Albertville City Council Minutes December 3, 2007 Page 7 of 7 CITIZEN OPEN FORUM — (continued if necessary) There was no need to continue discussion as there were no members in the audience to discuss items that were not scheduled on the agenda. ANNOUNCEMENTS and or UPCOMING MEETINGS December 10 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Annual Truth -In -Taxation meeting (continuation if needed) 11 7:00 p.m. Planning and Zoning Commission meeting 17 7:00 p.m. City Council meeting 24 all day City Offices closed in observation of Christmas Eve Day 25 all day City Offices closed in observation of Christmas Day 26 6:00 p.m. Joint Water Board meeting (tentative date) 31 all day City Offices closed in observation of New Year's Day (tentative) ADJOURNMENT OF THE REGULAR COUNCIL MEETING (five minute recess) Mayor Klecker closed the regular City Council meeting at 8:50 p.m. to allow for a brief 5 minute recess. Mayor Klecker reconvened the regular City Council meeting at 9:00 p.m. to begin the Performance Reviews of the City Planner and Assistant City Engineer. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the regular December 3, 2007 City Council meeting at 11:05 p.m. Motion carried unanimously. Ron Klecker, Mayor -"Vl I Bridget Mille , City Clerk MAPublic Data\City Council\Council Minutes\2007 Minutes\M 12-03-07 Final.doc Albertville City Council December 3, 2007 Attendance Page I PRINT Name Address City Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the agenda Jane Smith 1325 Any Street NE Albertville No - item on agenda John Doe 1295 Your Street NE Annandale Yes- cars speeding _ M q'11 , 5 7 � .� � /✓ 0 MA\Public Data\City Council\2007 Public Hearing Attendance.doc