1994-07-05 CC Closed Meeting 9:00 p.m.ALBERTVILLE CITY COUNCIL
CLOSED MEETING
July 5, 1994
Albertville City Hall 9:00 PM
PRESENT: Councilmembers Albert Barthel, Sharon Anderson and
John Vetsch, City Administrator Dale Powers, City Clerk Lind
Houghton and City Attorney Mike Couri
Acting Mayer Anderson called the closed meeting to order. The
..urpose of `r.e meeting is to discuss a possible settlement of the
lawsuit between the City and Ralph and Helen Ackerman.
A-CLuLiLr:--:_•uL.. vuLilned the proposed set' -nt worked out at
....� ��fe--trial conference held last week. Basically the proposed
settlement oncerriing the kennel operation is as follows:
(1) Ackerman will be allowed to keep two adult dogs. He will
continue to sell puppies, but those puppies will be purchased
wholesale for retail sale. He will comply with state statutes
regarding kennel size, etc.
(2) All adult dogs will be gone from the kennel by November
1.
(3) Annual puppy sales will be limited to a maximum of 350.
(4) Ackerman will provide the City with all sales information
concerning the puppies.
(5) All claims between the City and Ackerman will be
dismissed.
(6) If any terms of the agreement are violated, Ackerman's
operation will be shut down.
The proposed settlement in regards to the septic system is as
follows:
(1) The property will be inspected by one licensed inspector
mutually agreed upon and his decision will bind all parties.
(2) The system will be inspected every two years in the
spring at Ackerman's expense. If the system is found to be
failing, it will be repaired or replaced within 90 days or the
Ackermans will vacate the property.
(3) This agreement is no* assignable to future property
owners.
Couri feels that the settlement proposed may be the best that
the City can hope for and recommended that the Council approve the
concept of the settlementwith small details concerning inspections
and inspectors to be worked out.
Anderson made a motion to approve the general concept of the
settlement offer as presented by Couri. Vetsch seconded the
motion. All voted aye.
---- was adjourned at 9:30 PM.