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1994-09-06 CC Closed Meeting 9:10 p.m.AiC` 1 ,1_, September 6, 1994 -a ,Z t-vil le City Hall 9:10 PM PRESENT Mayor Mike Potter, Councilritembers Duane Berning, Albert Barthel, Sharon Anderson and John Vetsch, City Administrator Dale Powers, City Clerk T,inda Houghton and City Attorney Mike Couri Mayor Potter called the closed meeting to order. The purpose of the meeting is to discuss a possible settlement of the lawsuit between the City and Ralph and Helen Ackerman. Attorney Couri presented the Stipulation and Settlement Agreement drafted in the Ackerman lawsuit and reviewed the major points of the agreement (Attached to these minutes). Couri stated that this a fairly tight document that can be enforced by the court system. Paragraph 8 on Page 2 of the agreement calls for the name of the septic system inspector. This has not yet been agreed upon, although Couri is recommending either EcoLab from Elk River or S & P Testing from Hanover. Couri is awaiting word from Ackerman's attorney on this item. Barthel made a motion to authorize the City to enter into the Stipulation and Settlement Agreement to settle the Ackerman lawsuit. The name of the septic system inspector will be inserted when agreed upon. Anderson seconded the motion. All voted aye. Vetsch made a motion to adjourn the closed meeting at 9:29 PM. Linda Houghton, Clerk STATE OF MINNESOTA COUNTY OF WRIGHT City of Albertville, Minnesota, Plaintiff VS. Ralph Ackerman and Helen Ackerman. Defendants. DISTRICT COURT TENTH JUDICIAL DISTRICT Other Civil - Ordinance Violation Court File No. STIPULATION AND SETTLEMENT AGREEMENT WHEREAS, the City of Albertville ("City") has brought an action against Ralph and Helen Ackerman (collectively "Ackermans") alleging violations of the City zoning ordinance, the City ordinance regulating dogs and the City ordinance regulating on -site sewage systems; and WHEREAS, the Ackermans have counterclaimed against the City seeking damages as a result of alleged City action; and WHEREAS, the City and Ackermans seek to compromise their claims in a manner that will satisfy all parties; and WHEREAS, the City and Ackermans seek to reduce the terms of this agreement to a writing that can be recorded at the Wright County Recorder's office; THEREFORE, the City and Ackermans agree as follows: 1. The Ackermans will, by August 15, 19941 permanently remove from the premises all adult male dogs and all adult female dogs except: a. two adult female dogs of the Ackerman's choosing. b. One dog, which dog belongs to the granddaughter of the Ackermans. Said dog may be on the property periodically when said granddaughter is visiting the Ackermans, but said dog shall not be bred by the Ackermans nor shall the Ackermans raise, care for or sell any puppies from said dog. 2. The Ackermans will bring their puppy housing facility (the white lean-to building attached to the barn located on the Ackerman premises) up to state standards for the keeping of dogs and will only house puppies in the designated puppy housing facility. 3. Annual puppy sales shall be limited to 353 puppies (the total number of puppies sold in 1991) and shall be deemed a pre- existing use to the extent of 353 puppy sales per year. 4. The Ackermans shall be allowed to keep a maximum of 50 puppies on the premises at any one time, provided the Ackermans' facilities can house 50 puppies while meeting all state requirements for the keeping of dogs. If the facility cannot meet said requirements for 50 puppies, the Ackermans shall be limited to the number of puppies which can be housed while meeting all state requirements, which in no case shall exceed 50 puppies at any one time. 5. Ackermans agree to provide the City with quarterly sales reports and supporting documentation (invoices, etc.) on a quarterly basis so long as the operation exists. 6. The Ackermans, sales and breeding operations will not exceed the criteria set forth above, and the City and the Ackermans acknowledge that the puppy sales operation (to the extent allowed as set forth above) is a pre-existing, non -conforming use under the City,s zoning ordinance. 7. As a part of this agreement, the Ackermans agree to execute a dismissal of all of their claims against the City, its agents, officers and employees relating to any issues plead or which should have been plead during this case. As a part of this agreement, the City agrees to execute a dismissal of all of their claims against the Ackermans relating to any issues plead or which should have been plead during this case. Said dismissals shall be with prejudice. 8. The Ackermans agree to have their septic system inspected every two years in May or June of the inspection year. The inspector shall be If is unable to perform the inspection for any reason, the City and the Ackermans shall agree on an inspector. If no agreement can be reached, the City and the Ackermans agree to each submit a list of three inspectors to the Wright County Judge who may have jurisdiction over this case at such time and the Judge shall appoint the inspector. Said appointment shall be binding upon the City and the Ackermans. Any inspector agreed by the parties or appointed by the Judge must be a MPCA certified inspector. The cost of the bi-annual inspection shall be borne by the Ackermans. 9. The City retains the right to have the agreed upon septic inspector enter the Ackermans property at reasonable times for an inspection at City expense. The Ackermans agree to allow such inspections, and the City shall inform the Ackermans 2 shortly before such inspections occur. 10. If the agreed upon inspector certifies that the Ackermans septic system does not function as designed, the Ackermans agree that they will repair the system to function as designed or replace the septic system per the City ordinance within 90 days. If the system is not so repaired or replaced within 90 days, the Ackermans will vacate the premises until the system is properly repaired or replaced per City ordinance. 11. All parties agree that the judgment of the agreed upon inspector will be final and binding upon all parties. 12. This agreement is not assignable by the Ackermans to any party. 13. Ackermans agree to have the premises inspected per this agreement within 30 days of the execution of this document. The next regularly scheduled inspection under paragraph 8 above shall occur in 1996, and every two years thereafter. 14. The parties agree that the Court shall retain jurisdiction to enforce and interpret this agreement. 15. The Ackermans agree to forfeit the right to operate the puppy sales operation on the premises if they violate the terms of this agreement. 16. The Ackermans and the City agree that both parties have had an opportunity to have this document reviewed by counsel, and that both parties shall be deemed to have jointly drafted this document should any provisions of this document require interpretation by the Court. 17. The City shall have the right to inspect the puppy housing facility and the outdoor runs (if used) once per month with a minimum of 24 hours notice to the Ackermans, and the City shall have the right to inspect the premises once a year with no notice to the Ackermans. The Ackermans agree to allow these inspections without interference. 18. The Ackermans shall, by August 1, 1994, have purchased and have on the premises 11 additional wire puppy cages (substantially similar to the wire puppy cages currently in the puppy facility) and all marlite necessary to adequately cover the floor of the puppy facility, the walls next to the puppy cages, under all puppy cages and the bottoms of any remaining cages. 19. The Ackermans shall be allowed to keep their existing wooden cages (provided they are sealed with marlite) to the extent they are needed to care for the female dogs with puppies that 3 are described in paragraph 1 above. After November 1, 1994, the Ackermans shall have no more than 2 such wooden cages on the premises, and all it puppy wire puppy cages described in paragraph 18 above shall be installed in the puppy facility. 20. The Ackermans may fill existing outdoor runs with pea rock for use as a temporary exercise facility (not as a housing facility) for puppies, provided the rock is maintained in a clean and sanitary fashion. 21. The Ackermans, at any given time, will keep no more than the following number of puppies (classified by type) in the wire cages described above: a. For Shih Tzu, Bichon Frise, Cocker Spaniel, Yorkshie Terrior, Maltese, Cairn Terrior, Scotties, West Highland Terriors and Silky Terrior varieties, no more than three puppies per cage. b. For Wheaton Terriors, no more than two puppies per cage. If the Ackermans obtain additional varieties of puppies other than those listed above, the City and the Ackermans shall agree on the maximum number of puppies per cage based upon the average length and height of a 12 week old puppy of the additional variety. 22. This agreement shall not run with the land, and the non- conforming, pre-existing use described above shall cease when the Ackermans dispose of their ownership interest in the premises. Dated: CITY OF ALBERTVILLE Mayor Cler RALPH ACKERMAN HELEN ACKERMAN The foregoing instrument was acknowledged before me this day of , 1994, by Michael Potter as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. 4 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1994, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. STATE OF MINNESOTA COUNTY OF WRIGHT The foregoing day of Ralph Ackerman. Notary Public ss. instrument was acknowledged before me this , 1994, by Helen Ackerman and Notary Public 5