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2009-03-02 CC Minutes ~ ~l?.~r.t\!iJL€ ALBERTVILLE CITY COUNCIL MARCH 2, 2009 MINUTES ALBERTVILLE CITY HALL 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the Albertville City Council meeting to order at 7 :00 p.m. and asked the Girl Scouts present to come to the front of the Council Chamber and lead in the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Tom Fay, Dan Wagner, Larry Sorensen, and John Vetsch, City Attorney Mike Couri City Planner Al Brixius, Assistant City Engineer Adam Nafstad City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: none Others Present: Fire Chief Tate Mills, Building Official Jon Sutherland, and Wright County Sheriff Department Representative RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS PROCLAMATION - PROCLAIMING MARCH 8, 2009 TO MARCH 14,2009 AS GIRL SCOUT WEEK Mayor Klecker acknowledged the Girl Scouts that were present along with the Girl Scout Leaders and parents. Klecker then informed the members that the City has prepared a Proclamation, which Klecker proceeded to read. Klecker informed the Leaders there were copies of the Proclamation to distribute among the troops. On behalf of the Albertville City Council, Klecker thanked the girls for a great job serving as a Girl Scout. Klecker wanted the girls to know how proud the City is to have young girls eager to learn and grow into strong women. Again, Klecker thanked the girls and leaders for attending the meeting and informed them they are more than welcome to stay or they could leave. M:\Public Data\City Counci1\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc ~ City of Albertville City Council Minutes March 2, 2009 Page 2 of 13 MINUTES February 17, 2009 (Tuesday) regular City Council minutes Mayor Klecker inquired if the Council wanted any changes to the February 17,2009 (Tuesday) regular City Council minutes. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Tuesday, February 17,2009 regular City Council minutes as presented, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office ofthe City Clerk that will serve as the official copy. Motion carried unanimously. CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. There was no one in the audience that wanted to discuss an item that was not on the agenda. SNOWMOBILE CONCERNS - ISSUES - PROBLEMS Mayor Klecker began by stating he asked to put the subject of snowmobiles on the agenda. Klecker reported that this year seems to have been busier than the past couple years with the number of complaints regarding snowmobilers in Albertville. Mayor Klecker acknowledged that there were members from the Foxtailers Snowmobile Club present in the audience to discuss the concern. Klecker asked the members present for assistance or help in policing the snowmobilers by passing the message on to the rest. Letting them know that the City has been receiving a number of complaints about individuals driving on private property. Klecker informed the members present to let the other snowmobilers know that it is against the City Code to drive or ride on private property. Foxtailer member John Berning responded by recommending the resident put up signs prohibiting snowmobilers from traveling on their property. Berning agreed and knew it was against the City Ordinance to drive on private property. It is only allowed on city side streets that are in direct route to a regular snowmobile trail. City Administrator Kruse wanted it known that the City appreciates the Foxtailers Snowmobile Club and would like to work together to get the message out to the other members or, if possible, other general snowmobilers as to what the rules and regulations are within the Albertville city limits. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 3 of 13 Wright County Sheriff Deputy reiterated that the sheriffs office has received numerous calls about snowmobilers traveling throughout Albertville. It is sometimes difficult to track or catch the violator in the act. Foxtailer member Tom Berning brought to the Council's attention that there are probably 2,000 snowmobiles registered in Albertville, of which there is less than 100 that are members of the Foxtailers Snowmobile Club out of the 2,000 snowmobiles that are registered. Berning informed the Council that the Foxtailers do their best to teach snowmobile safety to youth and other adults, which the Foxtailers could add the Albertville City Code Section that pertains to the snowmobile regulations as a hand-out. Mayor Klecker thanked the Foxtailers for attending the meeting and appreciated the assistance they would give in regulating the snowmobile traffic throughout Albertville. AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council and staff if there were any amendments to the March 2, 2009 City Council agenda. Klecker wanted to add Wright County Sheriff under the Workshop portion df the agenda. MOTION BY Council member Sorensen, seconded by Mayor Klecker to approve the Monday, March 2, 2009 regular Albertville City Council agenda as amdended. Motion carried unanimously. CONSENT AGENDA a CONSENT AGENDA All items with an asterisk (a) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen 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 if the Council members or staff wished to pull any of the items from the March 2,2009 Consent Agenda. Council wanted to pull items 9.E.1. Authorize the Monday, March 2, 2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion; 9.H.1. Approve Ordinance No. 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) ofthe 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record; and 9.K.l. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 4 of 13 Direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately. Hearing the items that were pulled from the Consent Agenda, Klecker entertained a motion from the Council approving the Consent Agenda pulling the three (3) items, which will be discussed in the General Order of Business and a separate motion made. MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, March 2,2009 Consent Agenda pulling items 9.E.l., 9.H.l, and 9.K.l., which the items will be removed from the Consent Agenda and considered in its normal sequence on the General Order of Business on the agenda and will require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Fire Chief Mills thanked Council member Wagner for serving as Council support; and attending the quarterly Fire Department meetings. Mills went on to inform the Council that the Albertville Fire Department and Albertville Lions will be hosting a Pork chop Dinner on Saturday, April 18 and will be held at the St. Albert Parish Center. Mills brought to the Council's attention that the Fire Department is planning an Open House for Saturday, June 13. The Fire Department would like to block off the far eastern entrance to the parking lot to allow for a helicopter to be present during the open house. Mills gave a brief update on the First Inspection's, which was the main reason for his attendance. Staff continues to work on the outstanding issues at various establishments by follow-up visits or calls. PUBLIC WORKS DEPARTMENT - no comments UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 5 of 13 FINANCE DEPARTMENT Authorize the Monday, March 2, 2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion Council member Wagner inquired about check no. 026769 that was noted in the Key Issues of the report. Wagner wanted additional reasoning as to why the City was paying for the taxes and why didn't the vendor bill for the taxes. Finance Director reported that the vendor didn't include sales tax on the park equipment that was purchased in 2008. Since the original purchase, the vendor was audited and was flagged for sales tax. Therefore, the vendor needed to correct the minor error of charging sales tax. Wagner questioned why the City should pay if it was the vendor's error. Lannes stated that if the City did not accept the invoice for the sales tax, then the City would be subject to being in error of our audit. If the unpaid invoice was discovered during an audit it would most likely result in paying the sales tax plus a penalty for not paying the sales tax. In conclusion, if the City doesn't pay the sales tax now the City could end up paying the sales tax twice during an audit. City Administrator Kruse added to the background, which was the fact that years ago Cities and other governmental entities were exempt from paying sales tax. In recent years, the State passed legislation removing the exemption making government accountable for paying sales tax on purchases. Mayor Klecker asked if there were any other checks for discussion; if not, would someone like to make a motion authorizing the March 2, 2009 payment of claims. The following motion was made. MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize the Monday, March 2,2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented, which includes the bill(s) that were specifically pulled and a separate discussion was held. The checks will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. Accept the Finance Director's Monthly Report dated February 19, 2009 Finance Director Lannes reported that included in the packet are the 4th Quarter 2008 budget to actual finances. Lannes noted that both revenues and expenditures should be at 100%, which revenues are at 94.1 % and expenses are at 82.8%. Lannes asked if the Council had any other questions or concerns regarding the Finance Report. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 6 of 13 CITY CLERK - no comments CITY COUNCIL Oral Update on the Joint Powers Water Board (JPWB) meeting (rom Fay and or Ron Klecker) Mayor Klecker noted the basic portion of the meeting was normal business. Majority of the time dealt with Well No.9 and how JPWB would be treating the water that is going to be stored in Well No.9. JPWB Engineer reposted on how it will be sporadically tested to meet the standards and to ensure its quality. PLANNING AND ZONING Approve Ordinance No. 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record Mayor Klecker acknowledged that Ordinance No. 2009-005 was pulled from the Consent Agenda for discussion. City Planner Brixius reported the reason for updating the Albertville City Code was the fact that the original ordinance was passed and adopted in 1987. Since then, legislature amended the State Statutes to a majority vote of the Council; therefore, staff reviewed the City's Code and is bringing the Code in compliance with State Statutes. Following the explanation for the change, Klecker asked the Council for a motion to approve Ordinance No. 2009-005 amending the Albertville City Code relating to the number of Council votes needed to grant a variance. MOTION BY Mayor Klecker, seconded by Council member Fay to approve Ordinance No. 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance, which was pulled from the Consent Agenda and a separate discussion was held, and a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion carried unanimously. . Approve Ordinance No. 2009-007 entitled an Ordinance Amending Section 200.2 (Definitions); Section 1000.9 (Drainage Plans); and Section 5000.4 (General Standards) of the M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 7 of 13 Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which afinal copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record; AND Approve Ordinance No. 2009-009 entitled Ordinance Amending Section 11-1-3 (Definitions); Section 11-6-2 (Preliminary Plat); Section 11-7-5 (Lots); Section 11-7-10 (Drainage System); Section 11-7-12 (Erosion and Sediment Control); Section 11-8-6 (Drainage); and Section 11-9-1 (Improvements Required) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record MOTION BY Council member Wagner, seconded by Council member Fay to approve Ordinance No. 2009-007 entitled an Ordinance Amending Section 200.2 (Definitions); Section 1000.9 (Drainage Plans); and Section 5000.4 (General Standards) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented on the Consent Agenda, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record; AND Approve Ordinance No. 2009-009 entitled Ordinance Amending Section 11-1-3 (Definitions); Section 11-6-2 (Preliminary Plat); Section 11-7-5 (Lots); Section 11-7-10 (Drainage System); Section 11-7-12 (Erosion and Sediment Control); Section 11-8-6 (Drainage); and Section 11-9-1 (Improvements Required) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record as presented on the Consent Agenda, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion carried unanimously. City Planner's Oral Update - no comments ENGINEERING - no comments LEGAL . Set Monday, April 6, 2009 at 7:00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota M:\Public Data\City Counci1\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 8 of 13 MOTION BY Council member Wagner, seconded by Council member Fay to set Monday, April 6, 2009 at 7 :00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota as presented on the Consent Agenda, which a public notice will be prepared and published by Wright County, which a copy of the notice will be scanned and the electronic version will be kept on file in the office of the City Clerk that will serve as the official record; and Property Tax Statements will be prepared by Wright County and mailed to the appropriate property owners. Motion carried unanimously. Approve Ordinance No. 2009-008 entitled an Ordinance Requiring Correction of Fire Code Violations Prior to Issuance of a Liquor License as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record City Attorney Couri began by noting this is a Fire Code related amendment to the City Code and not a Building Code issue. Couri went on to explain that if a building was built 40-years ago it is basically grandfathered in with Building Code concerns. However, if it is a Fire Code violation the facility needs to be brought up to Fire Code Standards. Couri pointed out that as the Council heard from the Fire Chief earlier this evening; staff has been working on inspecting establishments throughout Albertville and identifying those that are in violation. Staffhas been doing their best to get the establishments to come into compliance with the Fire Code Standards. The progress from the establishments has been slow going and appears to be taking some time to correct the violations. The establishments are given 60-days of written notice from either the Fire Department or the Building Department to correct the violations and it has been taking longer to get a response from some of the property owners. Mayor Klecker asked the Council if they had any concern regarding Ordinance No. 2009-008 that relates to requirements to correct Fire Code violations. Council member Vetsch had concerns with the proposed ordinance amendment, which he wanted staff to make sure the city is going at this the right way. Council member Fay brought up the fact that the swing of the entrance door has been swinging the wrong way for over eight years. Mayor Klecker asked if there were any other comments or questions. If there were none, Klecker looked to the Council to make a motion regarding Ordinance No. 2009-008. MOTION BY Council member Sorensen, seconded by Council member Wagner to approve Ordinance No. 2009-008 entitled an Ordinance Requiring Correction of Fire Code Violations Prior to Issuance of a Liquor License as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 9 of 13 of the City Clerk and serve as the official record as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office ofthe City Clerk and serve as the official record. Motion carried unanimously. ADMINISTRATION Direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately Mayor Klecker reported that the establishment of a uniform compensation was removed from the Consent Agenda to allow for discussion. City Administrator Kruse informed the Council that the Planning and Zoning Commission members are compensated whether there is a meeting or not; however, the Parks and Recreation Committee are paid only when there is a meeting and the member attends. Staff wanted to make the payment process for all standing boards, commissions, or committees have a uniform way of compensating them for their service as a member. Klecker asked the Council members how they feel on the issue; if they agree, Klecker entertained a motion from the Council to either approve or deny the proposed recommendation. MOTION BY Council member Vetsch, seconded by Council member Wagner to direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately as presented on the Consent Agenda, which was pulled and a separate discussion was held. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse asked if the Council had any questions or concerns regarding the Written Report that was included in the packet. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. ANNOUNCEMENTS AND OR UPCOMING MEETINGS March 2009 8 2:00 a.m. 9 6:00 p.m. 10 7:00 p.m. Daylight Savings Begins (Sunday) STMA Ice Arena Board meeting Planning and Zoning Commission meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 10 of 13 16 7:00 p.m. 23 6:00 p.m. 30 7:00 p.m. April 2009 6 5:30 p.m. 6 7:00 p.m. 13 6:00 p.m. 13 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. May 2009 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 16 7:00 a.m. 18 7:00 p.m. 25 all day 26 6:00 p.m. COUNCIL WORKSHOP City Council meeting Joint Powers Water Board meeting Cities of Albertville & St. Michael and STMA School Board Joint Workshop (STMA School Board Room) 2009 Local Board of Appeals and Adjustments City Council meeting STMA Ice Arena Board meeting Family-Youth Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Annual jt. Spring Cleanup Day City Council meeting Memorial Day observed - City Offices closed Joint Powers Water Board meeting Mayor Klecker asked for a five (5) minute recess before going into the Council workshop. Discuss Ordinance No. 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record City Planner Brixius began by reiterating the ordinance amendment was brought up by a recent resident's violation of the Zoning Section of the 2005 Albertville Municipal City Code. The resident came before the City Council in November 2008, which the resident asked the Council to review and consider amending the accessory building size and process. Following the discussion, staff got direction from Council and was under the impression to proceed with preparing an amendment to the Appendix A (Zoning Ordinance) of the Albertville City Code that dealt with accessory buildings. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 11 of 13 Brixius continued by explaining that staff brought it before the Planning and Zoning Commission at the December 2008 meeting and the commission appeared to be on board with the amendment. Staff prepared and presented three (3) Options for the Planning and Zoning Commission to review at the January meeting prior to an official Public Hearing. Planning and Zoning Commission reviewed the three (3) options, which Option 3 was the favorable recommendation that would allow for additional storage of equipment on a person's property. After the January 2009 Planning Commission meeting, staff informed the Council that Option 3 was the Planning Commission's proposed recommendation. Upon reviewing Option 3, staffwas informed that Council was not in favor of Option 3. Council reported that they would like to see Option 1 as the recommended amendment to the Code. Brixius entertained the potential of going with Option 2, which would be a compromise of Option 1 and Option 3. Council wasn't completely in agreement with the compromise, but gave the impression for staff to proceed with the amendment. Staff prepared and held a Public Hearing during the February 10, 2009 Planning and Zoning Commission meeting, which the outcome was to go with Option 2. The Planning and Zoning Commission's intentions were to allow residents the accessory building for storage of the equipment or other items parked in the backyard. Planning was hopeful the residents would be able to cleanup the lawns by storing the stuff in a building of some type. Council member Fay expressed his opinion, which was to leave the accessory building process the way it is. It seemed to work in the past and has fear of what could potentially happen to the backyards. If a property owner wanted an additional structure to store items, it is assumed that the resident would research on the process. The city would hope that the resident would follow the appropriate procedures by applying for a variance or conditional use permit or whatever was needed to receive approval to construct an accessory building or detached garage. Mayor Klecker agreed with Council member Fay in the fact that the Zoning Section of the City Code was okay the way it is currently written, which it works fine. Klecker pointed out that he would have a hard time approving the amendment with Option 1 or Option 2 that is being proposed. Klecker wanted staff to consider evaluating the fees charged to apply for a variance or a conditional use permit and maybe lower the fees for the size of the structure being proposed. The discussion went back and forth between staff and Council for another 30-45 minutes as to how to proceed with the amendment and informing staff as to what direction Council wants to take in amending the Accessory Building process. Council member Wagner didn't have a strong feeling one-way or the other on the Options. Council member Sorensen noted the 240 square-feet would be the max he would feel comfortable allowing, which Sorensen felt was almost too big for an accessory building. Basically, Sorensen was in the same opinion as Wagner and didn't really have a strong opinion. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 12 of 13 Council member Vetsch agrees with the 240 square-feet as a max to allow. It was very obvious that Mayor Klecker and Council member Fay were opposed to the amendment. In conclusion of the discussion, staff reported they would review and prepare an Ordinance Amendment for Accessory Buildings for the March 16, 2009 regular City Council meeting. Report of activities of staff related to Vacant Property's in Albertville and consideration of an Ordinance to regulate and require Registration of vacant properties within Albertville - Bldg Official Building Official Sutherland began by distributing a partial list of vacant properties in Albertville and reported on the various issues that have come up and the work involved with vacant properties. Vacant properties are a burden to the city and these properties create additional work for city staff. Sutherland reviewed the various existing regulations such as the building code, rental ordinance, and hazardous building statute used to control the maintenance of properties. Sutherland reported that there appears to be a lack of skill or ability of the banks to grasp control of properties that are abandoned. There appears to be a certain window of time in the process of foreclosure or loss of the property where the banks do not have control. This period of limbo causes work for the City in a variety of ways; phone calls, inspection of properties that are not secure, legal review, boarding up, mowing the grass, disconnection of utilities, re inspections to verify status, assessment of costs for work that is required, notification to the banks and the assistance of the City Attorney to insure due process. All departments of the City including the Sheriffs department are involved with this work. Sutherland reviewed several examples where inspection of vacant properties has a positive impact when other code violations are observed and then are getting corrected. Other communities are considering implementing similar ordinances to register vacant dwellings. City Attorney Couri added that the recent legislation amending the State Statutes has been passed, which requires coordinating with the private utilities to notify the city when their service is disconnected. The Finance Director and Fire Chief are in support of creating a Registration Ordinance. Council discussed the issue and was unanimous in directing staff to work on an ordinance amendment that would implement a Vacant Property Registration process. Discussion and update on Municipal State Aid (MSA) - Engineer Assistant City Engineer Nafstad started offby informing the Council that the City will receive approximately $240,000 in Municipal State Aid. But in order to receive these funds there is a M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc City of Albertville City Council Minutes March 2, 2009 Page 13 of 13 process to go through, which staff has been working on for the past four years. There is an Annual MSAS step(s), which the City is allowed to designate 20% of streets to MSA. MSA streets are those streets that connect or run between two county roads. Nafstad pointed out there are certain requirements that need to be met to qualify for MSA. The majority of the funds go towards a construction fund, with the remainder going to maintenance. Over the years, the City has accumulated a fair amount of funds that should be spent by 2010. Again, there are guidelines that need to be followed when using or spending these MSA funds. Council brought up the potential to fix 60th Street NE, which runs east and west from Main Avenue NE to CSAH 37. Staff noted that in order to fix that portion of 60th Street NE would need to meet the width and alignment requirements set by the MSA Standards. City Administrator Kruse noted that staff is in the process of evaluating the current conditions of the roads throughout Albertville. Staff will be presenting the analysis report to the Council at a future meeting for consideration of re-grading and or doing a major repair. Nafstad went on reporting there are 52.3 miles of roads or streets in Albertville, of which 36 miles are city roads. Nafstad noted that the next component or step staff is looking for Council acceptance to continue the process. Staff is assessing or evaluation the current condition of the streets throughout Albertville, which City Administrator Kruse spoke about earlier. Following the assessment process, a report will be compiled and presented to Council identifying what streets could use general maintenance and what roads need major repair. Council gave staff the authorization to continue with the process of evaluating the status of the streets and or roads within the Albertville city limits. Then prepare a report on how to proceed with the maintenance or repair that would be presented to the Council at a future meeting. Motion by Sorensen, seconded by Wagner to reconvene the regular City Council meeting at 10:11 p.m. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the Monday, March 2,2009 regular City Council meeting at 10:12 p.m. Motion carried unanimously. -(, ity Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-02-09 Approved.doc Albertville City Council March 2, 2009 Public Attendance Record Page 1 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 a enda Jane Smith 1325 Any Street NE Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding C[" + t v-e )1' I/L- ~~ma l?auvt-t Ilo~/J 8rCr/1r~ 543'lP hler DroN - A klN1(/t1t( I? bty/ SCCLLfS //"7'7'7 S-~. Cfi A-I/:;x?/-n/t{ 3a8'LnS L tV &r/ Sa.Jzrf) ~ 66q tJ ro.7/"f ~7 p t> /1-11~e TV/fir / !j/iO r;4'-I\ 5'; /J4'~+v:II~/ ilJ3, 74 Ka.\; Av4 j.E frl Wv~ f (~ g'62 { ~. sl-pzr-ttaA M:\Public Data\City Council\2009 Public Hearing Attendance.doc