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1988-03-21 CC Agenda/Packety Y CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL AGENDA MARCH 21, 1988 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES * February 12, 1988 * February 29, 1988 * March 7, 1988 IV. COMMUNITY FORUM 7:05 Ken Suckett, President of the Lion's--Pull Tab Money/ Community Projects 7:30 Keith Franklin, Franklin Outdoor. Advertising --Building Permits for Billboards 8:00 David Stromberg--Dog Catching V. DEPARTMENT BUSINESS a. Legal - Approval of Resolutions b. Engineering - Order Plans and Specs for Improvements * - PPM Water Problem c. Planning - Approval of the Rezoning and Preliminary Plat for Darkenwald's Westwind - Approval of the Preliminary Plat for the Braun's Plat d. Administration - Income Received and Bills to be Paid * - Purchase of the Computer and Software - Set Board of Review Hearing for April 19, 1988 at 7:00 p.m. - City Float - Insurance - Phones * - Bond Schedules 40 e. Maintenance - Overtime Calendar VI. MEMBER'S REPORT Make our City ........ Your City We invite Home, Industry, Business VII. OTHER BUSINESS VIII. MOTION TO ADJOURN • CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL AGENDA MARCH 21, 1988 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES * February 12, 1988 * February 29, 1988 * March 7, 1988 IV. COMMUNITY FORUM 7:05 Ken Suckett, President of the Lion's--Pull Tab Money/ Community Projects 7:30 Keith Franklin, Franklin Outdoor Advertising --Building Permits for Billboards 8:00 David Stromberg--Dog Catching V. DEPARTMENT BUSINESS a. Legal - Approval of Resolutions b. Engineering - Order Plans and Specs for Improvements * - PPM Water Problem C. Planning - Approval of the Rezoning and Preliminary Plat for Darkenwald's Westwind - Approval of the Preliminary Plat for the Braun's Plat d. Administration - Income Received and Bills to be Paid * - Purchase of the Computer and Software - Set Board of Review Hearing for April 19, 1988 at 7:00 p.m. - City Float - Insurance - Phones * - Bond Schedules e. Maintenance - Overtime Calendar VI. MEMBER'S REPORT Make our City ........ Your City We invite Home, Industry, Business VII. OTHER BUSINESS VIII. MOTION TO ADJOURN CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MEETING 111 I NUTES MARCH 21, 198B The regular meeting of the Albertville City Council was called to order by Mayor Loretta Roden. Council members present included Gary Schwenzfeier, Donatus Vetsch and Bob Braun. Council member Don Cornelius was absent. Others present included Maureen Andrews, Bob Miller, Bob Sullentrop and Ken Lindsay. The agenda of the evening's meeting was reviewed by the Council. Ken Lindsay was added to the agenda at his request. With corrections, a motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch to accept the agenda. All were in favor and the motion carried. A motion to approve the minutes of February 12th was made by Gary Schwenzfeier and seconded by Bob Braun. All were in favor and the motion carried. Donatus Vetsch made a motion to approve the minutes of February 29th. Gary Schwenzfeier seconded the motion. All were in favor and the motion carried. A motion to approve the minutes of March 7th, with corrections, was made by Bob Braun and seconded by Donatus Vetsch. All were in favor and the motion carried. Bob Sullentrop updated the Council on the PPM water problem. He stated that the necessary State permit applications have been submitted to the appropriate agencies for approval so that the drainage and culvert problems can be corrected. At this time Mr. Dennis Kelly was introduced to the City Council as the new owner of PPM. Mr. Kelly expressed his concern in seeing that the problems at PPM are resolved. He would like to work: with the City and the City's engineers in remedying the problems. Maureen Andrews stated that a meeting will be set up to work out the issues after notification of approval of the necessary permits has been received from the State. The Council reviewed the minutes of the March 10th Planning Commission at which time the public hearings for the Darkenwald rezoning and preliminary plat approval, as well as the hearing of the Braun Addition, Phase I was held. Maureen Andrews discussed with the Council the findings of the Planning Commission and forwarded their recommendation on each of the public hearings. Make our City ........ Your City We invite Home, Industry, Business COUNCIL MINUTES PAGE 2 Mr. John Darkenwald and Mr. Wallace Odell, representing the developers, were present to discuss with the Council any questions that might need to be answered. Maureen informed the Council that the Planning Commission had met and had worked with the developers in developing a site plan that would meet the concerns of the City. Maureen informed the Council that the public hearings on the Darkenwald rezoning and preliminary plat request had been noticed and held according to statute. The Council was informed that it was the opinion of the Albertville Planning Commission that the request for rezoning be forwarded to the Council for action. Bob Miller, the City's attorney stated that the Council would need to amend the zoning ordinance so that it would account for the change zoning. Bob went on to explain that the ordinance would need to be approved by a 4/5 vote in order for the ordinance to be amended. Gary Schwenzfeier made a motion to approve the preliminary plat for Darkenwald's Westwind, Phase I, and requested that Bob Miller draw up the necessary ordinance needed to approve the zoning on the effected land. Bob Braun seconded this motion. All were in favor and the motion carried. Maureen Andrews reviewed with the Council the Planning Commission's recommendation on the preliminary plat for the Braun's Addition, Phase I. The Council was informed that the hearing was noticed and held according to the requirements set forth by law. It was the intent of the Planning Commission that the Braun Plat be approved as drawn, but that the following items should be noted by the Council. The minutes should note that the following issues were brought forth as some concerns: Neil Meyer's lot and the issue of the storm water run off in the area of Main Avenue. The first issue brought up was the possible problem of water backing up onto the Neil Meyer lot, which faces Lannon Avenue. The Council was informed that Bob Rohlin of Meyer-Rohlin was present at the hearing and is aware of the problem and felt that with very little work a catch basin could be tied into the storm sewer system so that the Meyer lot would not be negatively impacted by the new subdivision. The next issue reviewed was that of Doug Psyk"s concern regarding the storm water run-off in the area of Main Avenue, which drains through his property. He asked that the engineers look at the area to assure proper drainage. He went on to explain at the public hearing that the biggest drainage problem occurs in the Heuring ditch area because the ditch becomes overgrown and the water becomes trapped with no release. Doug asked that in an effort to reduce any potential problems that the City consider semiannually 1 _ 4 __ 1. ♦ 4_- ..A: a- " COUNCIL MINUTES PAGE 3 There was also some discussion regarding the use of partial cal -du -sacs. Gary Schwenzfeier asked why the subdivision had been designed with this type of cal -du -sac'? It was pointed out that without this design the development would not have as many lots because of the limited street access. It was also pointed out that without the cal -du -sacs the back lots would be deep but would not have enough frontage to meet the requirements of single-family zoning, therefore fewer lots would have been allowed. A motion to approve Braun's Addition, Phase I, was made by Donatus Vetsch and seconded by Gary Schwenzfeier. All were in favor and the motion carried. The minutes should note that Bob Braun abstained from voting on the approval of the Braun's Addition, Phase I. Mr. Keith Franklin, of Franklin Outdoor Advertising, was present at the meeting to ask permission from the Council to erect six billboard signs on the west end of Albertville between the Burlington Northern railroad and the south side of Interstate I-94. Keith explained to the Council that he had requested these permits last fall, but had been waiting for approval of railroad for the purpose of locating the signs on railroad right-of-way. Keith informed the Council that he was requesting Permission to construct signs which would be 30 feet wide and constructed on a steel beam structure. He went on to explain that the six signs would be located 500 feet apart and would be located 20 feet from the railroad tracks. In order to get a sense of the size of the signs he explained that they would be one half the size of what is currently constructed now and will stand 20 feet in the air so as not to obstruct vision. Mr. Franklin stated that they have been waiting since October of 1987 for approval from TBI. He also stated that the constructions follow all the ordinances as set forth by the State of Minnesota. The City's attorney stated that the new ordinance requires additional information such as copies of specifications stating what kind of structure, the dimensions of the structure, the exact locations, etc., and believed additional information was needed before the Council could take any action on the issue. Bob also pointed out that the Council is currently considering the rezoning of said property in the near future, and that in order for the signs to be "grandfathered in" that they would have to be erected before rezoning becomes final or they would not be allowed to be built. COUNCIL MINUTES PAGE 4 Donatus Vetsch asked about the impact the rezoning would have on the Council decisions regarding the signs. It was stated that the City would continue to have some property rights after the permit was issued, but that once the structures are built that it is typical they would be allowed to stay in existence under the grandfather clause. It was pointed out that the City uses the annual renewal as a method of maintaining some control over the structures within the City limits. It was suggested that it might be helpful if staff met with Keith and City staff go over the issue discussed at the meeting prior to the next Council meeting and report back to the Council the results of the meeting. Prior to the meeting Keith was asked to put together the additional information requested by the City. Keith agreed to set up the meeting with Bob Miller and Maureen Andrews to discuss the issue and try to resolve it before the next meeting. Donatus Vetsch made a motion to table the billboard issue until the next regular meeting, which would allow time for the meeting to work through the issues. Gary Schwenzfeier seconded the motion. All were in favor and the motion carried. The next item reviewed by the Council was the income received and the bills to be paid. The Barco bill and the NSP bill were not to be paid at this time. Gary Schwenzfeier asked about the outstanding sewer accounts, and whether or not they be certified to the County. It was agreed that Maureen would look into the issue and report back the findings to the Council. With no other discussion, a motion was made by Gary Schwenzfeier and seconded by Bob Braun to approve the bills. All were in favor and checks 8584 through B599 were paid. Maureen Andrews updated the Council on the computer. The computer being considered is being offered by Quest Information Systems and would include specialized utility billing system, an electronic spread sheet and a word processing package. Maureen explained that since the computer is an IBM compatible machine, there are some over the counter software packages that can be looked at for future use, in addition, software is available through Quest. The complete computer package will cost $5,543.00, with the $250.00 for the maintenance package included for free during the month of March. It was also pointed that the purchase agreement allows room to back out of the agreement within the first 90 days without any explanation. There was some discussion about the fact that only $2,000.00 had been budgeted for this program. The Council COUNCIL MINUTES PAGE 5 members were informed that there were some administration costs that had not previously been used in an old bond issue and would be available to use. Additionally, it was suggested that other funds might be available as well. Gary Schwenzfeier asked what was going to be done regarding the money being allocated to accounting work. Maureen explained that there was software available to fund accounting but that she had not looked into it at this time because it had been agreed upon at budget time that the City would not look at making a change in accounting practices for a least a year so that there would be time to get a system set up, but that hopefully in the near future the City will be able to eventually move to a quarterly service from the accountant's office. Hearing no other discussion, Bob Braun made a motion to purchase the computer and software package. Gary Schwenzfeier seconded the motion. All were in favor and the motion carried. Maureen Andrews brought to the Council's attention that it would be necessary to set the Board of Review Hearing for April 19, 1988 at 7:00 p.m. It was pointed out that the County had originally scheduled the meeting for April 12th, but had recently changed the date. With no other discussion,Bob Braun made a motion to set the hearing. The motion was seconded by Gary Schwenzfeier. All were in favor and the motion carried. The issue of insurance for the Albertville City float was next discussed. Since the City is picking up the cost of the license tabs, we would also be responsible for the insurance. The float is classified as a trailer and it appears that the charge will be minimal. The phone problem was discussed at some length. Maureen Andrews stated that she had checked with United Telephone on a 3 line phone (2 lines for Administration, 1 line for Maintenance) which would ring on Lorie's desk: so that she could take all the incoming calls. It appears that if the City was to purchase the phone through United Telephone, the cost for a Panasonic 3 line phone would run $254.00,or $420.00 if it was installed. There was a great deal of discussion regarding the phone problem and what options the City has for resolving them. It was agreed that Gary Schwenzfeier and Maureen Andrews would talk with a phone representative on what kinds of phone systems are available and what would be most feasible for the City. No further action was taken. COUNCIL MINUTES PAGE 6 Maureen Andrews stated that the bond schedules had been included in the packets and that if there was any input that the Council should contact Brad Farnham with the changes. The Council was told that Brad had asked for formal permission to draft the cover letter to send to the developers of the proposed air industrial park: requesting a description of their project team and requesting some upfront monies to cover the City's expenses involved in undertaking a project of this magnitude. In addition, it was suggested that the City might want to consider putting together a news release for the Crow River News in order to dispel the rumors regarding a metropolitan airport. Gary suggested that the City hold on making a news release until the City receives information back from the developers and all the members agreed. The Council was informed that the new League of Minnesota Legislative Update is available for anyone's review. The only other information Maureen had for the Council was the dates of upcoming meetings: Staff meeting on Friday, March 25th, Bob Miller's office, 2:00 p.m. Staff Meeting with Developers on Monday, March 28th at City Hall, at 1:00 p.m. Council/Staff Work meeting on March 30th, 7:00 p.m. The Council next heard from the Maintenance Department. Ken Lindsay asked permission from the Council to sell several pieces of equipment which are no longer of any use to the Maintenance Department. Available for sale are 2 CS3101 flight pumps from the old disposal plant, the 16 HP Allis lawnmower (the motor is bad) and the Mars street sweeper (too small, kicks up too much dust). After some discussion, it was agreed to put an ad in the Crow River News for the lawnmower and the street sweeper. An ad would be placed in the League of Minnesota Cities magazine for the flight pumps. All, at best offer from sealed bids. Ken next asked if the Council had considered purchasing the garage that Albert Barthel had offered to the City. Ken would like to see the building used for storage out at the Wastewater Treatment Facility. it was agreed that Donatus Vetsch and Gary Schwenzfeier would look at the garage to see if it meets the City's needs. Donatus Vetsch expressed he concern regarding the fact that the City needs to address the issue of complying Kith the City ordinances if it expects the residents to. COUNCIL MINUTES PAGE 7 Ken Lindsay made a request to the Council to attend ponds school again this year. There is one in April at Fergus Falls and one in May at Albany. Ken stated he would like to attend the one scheduled for May 10-13 in Albany. The cost is $60.00 for the school only. Donatus Vetsch asked that this decision be table until a later meeting closer to the date of the school. ' Another problem discussed was what to do about getting some help for the work that needs to be done while Mike is out with a Worker's Compensation injury. Donatus Vetsch stated that he did not think it was necessary to hire anybody else full time. Gary Schwenzfeier said that he would be available to help fill cracks, etc., if necessary. Gary Schwenzfeier expressed his concern regarding the condition of the John Deere tractor and snow blower. He stated that he is concerned that the machine will not last if if continues to be operated so hard and that he would like the Maintenance Department to not run the machine so hard if possible. David Stromberg was present to review with the Council the issue of dog catching and the services he might be able to provide to the City of Albertville. He reviewed with the Council the dog catcher's contract he has with the City of Monticello, in an effort to come to some type of agreement with the City. There was some discussion about what to do with a dog once caught. It was agreed that the animal needs to be retained until the catcher can get o town to pick up the dog, once notified. There was some discussion about cages and what the City would need to have on hand to retain the animal. Gary Schwenzfeier asked if Mr. Stromberg would be willing to talk to the owners of animals that the City has continual problems with. Dave explained that he feels that doing the public relations items are part of the Job and will be willing to talk to people about their dogs if the situation became necessary. In addition, he pointed out that the Sheriff's Department will handle any barking dog complaints. After some additional discussion, the Council agreed to work. with David Stromberg in developing a contract for dog catching. In addition the City Attorney will update the ordinance pertaining to dogs. It was pointed out that the City needs to authorize a couple people that will responsible for contacting the catcher when an animals needs to be picked up. COUNCIL MINUTES PAGE 8 Some contract information: items discussed included the following The contract would be on a yearly basis with the City and the City would have the ability to cancel anytime, with a 30 day written notice by the City. The fees charged by Stromberg would include $12.50 for pick up, which will billed by the dog catcher to the City. The City will bill the owner of the animal for the $12.50 plus the fine set forth by ordinance. The City will enter into a contract with the City of Monticello for boarding the animals at their pound and will billed $b. 75 per day for any animal not picked up by owner. A $14.00 fee would be charged to have an animal destroyed. r-� The next issue discussed by the Council has that of adopting resolution pertaining to the improvement projects expected to be constructed this summer. It was pointed out to the Council that several steps needed to be accomplished through this process and that Bob Miller had prepared the resolutions prior to the meeting so that the City is sure that things have been completed to Bond Counsel's satisfaction. The following resolutions were made and adopted on the following motions: Resolution #1--RESOLUTION ON PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 1988-1 The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. Resolution #2--RESOLUTION ON PUBLIC HEARING ON PROPOSED SEWER, WATER, STREET AND STORM SEWER IMPROVEMENT NO. 1988-3 The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. Resolution #3--RESOLUTION DETERMINING SUFFICIENCY OF PETITION PURSUANT TO PETITION BY 100% OF OWNERS OF AFFECTED PROPERTY COUNCIL MINUTES PAGE 9 The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. The minutes should note that Bob Braun abstained from voting on the resolution since it pertained to his project. Resolution #4--RESOLUTION ON PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 1988-5 The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. Resolution #5--RESOLUTION ON PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 1986-6 The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the motion carried. Resolution #6--RESOLUTION CONSOLIDATING STREET IMPROVEMENT NO. 1988-1, STREET PORTION OF SEWER, WATER, STREET AND STORM SEWER IMPROVEMENT NO. 1988-3, STREET PORTION OF SEWER, WATER, STREET AND STORM SEWER IMPROVEMENT NO. 1968-4, STREET IMPROVEMENT 1988-5 AND STREET IMPROVEMENT 1988-6 INTO STREET IMPROVEMENT NO 1988-1A Gary Schwenzfeier made a motion to approve this resolution which was then seconded by Donatus Vetsch. All were in favor and the motion carried. Resolution #7--RESOLUTION CONSOLIDATING TRUNK SEWER IMPROVEMENT NO. 1988-2, THE SEWER, WATER AND STORM SEWER PORTION OF SEWER, WATER, STREET AND STORM SEWER IMPROVEMENT NO. 1988-3, AND THE SEWER, WATER AND STORM SEWER IMPROVEMENT NO. 1988-4, INTO SEWER, WATER AND STORM SEWER IMPROVEMENT NO. 1998-3A Gary Schwenzfeier made the motion to approve this resolution. Donatus Vetsch made the second. All were in favor and the motion carried. Resolution #8--RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 1988-1A AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS COUNCIL MINUTES PAGE 10 A motion was made by -Gary Schwenzfeier and seconded by Donatus Vetsch approving this resolution. All were in favor and the motion carried. The minutes should also note that there were no objections presented at the public hearing pertaining to the improvements. Resolution #9--RESOLUTION ORDERING CONSTRUCTION OF CONSOLIDATED SEWER, WATER AND STORM SEWER IMPROVEMENT NO. 198E-3A AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS A motion was made by Gary Schwenzfeier which was then seconded by Donatus Vetsch approving the above referenced resolution. All were in favor and the motion carried. The minutes should also note that there were no objections presented at the public hearing pertaining to the improvements. The Council next reviewed the Overtime Calendar for the Maintenance Department. There appeared to be no problems with the calendar so they were approved. Mayor Roden informed the Council that she had received the participation letter for the ALBERTVILLE FRIENDLY CITY DAYS parade. The Council agreed that it would acceptable for the Mayor to ride in the parade but not all the Council members. The last item of business was that of the Lion's proceeds from their pull tabs and whether or not it could be transferred to the City for a designated purpose. Bob Miller informed the Council that he had looked into the issue and it appears that provided that the money is transferred to the City with a targeted project in mind that the Lion's would not be liable for the 15% surcharge to the IRS. It was also pointed out that these funds would need to be kept separated from the general fund but that there would not be any specific time frame as to when the money needs to be spent. The minutes should note that there has been discussion that the money might be used for a new City Hall/Community Center. No action was taken on this issue. There was no other business so a motion was made to adjourn. The motion was made by Bob Braun and seconded by Gary Schwenzfeier. All were in favor and the meeting was adjourned. � 1 , 4EYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 March 8, 1988 Mr. Jeff Marks PPM, Inc. 6575 LaBeaux Avenue NE Albertville, MN 55301 Dear Mr. Marks: Re: Cooling Water Pond Discharges On January 20, 1988, in a letter to your firm, we requested, on behalf of the City of Albertville, that you apply for and obtain the proper permits from the State of Minnesota for your cooling water ponds. On February 17, 1988, you informed us in a telephone conversation that you were in the process of filling out the application, but were unable to complete them because the material data safety sheets weren't available for a chemical which is used in the boiler. You informed us that these would be obtained within a week and that you would then copy us and the City with the permit applications. On March 3, 1988, you telephoned Ms. Maureen Andrews, Albertville's City Administrator, and informed her that the data sheets had arrived and that the applications would be submitted within a week. The City Council has instructed us to inform you that if completed applications are not provided before the next regular council meeting, or a written explanation submitted as to why not, that they will most likely authorize legal proceedings to be initiated. The next regular meeting is scheduled for March 21, 1988, at 7:00 p.m. Please do not hesitate to call if you have any questions concerning this matter. Sincerely, MEYER-ROHLIN, INC. Bob Sullentrop Professional Engineer sl File: E-8701-D cc: City of Albertville Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor SEWER ACCOUNTS ALBERTVILLE BAR BARTHEL CONSTRUCTION, INC. WRIGHT TITLE COMPANY ST MICHAEL FOUNDATION MAUREEN ANDREWS KEN LINDSAY LORIE VILLAREAL BARCO SIMONSON LUMBER PERA PRINCETON CO-OP CROW RIVER NEWS THE MONTICELLO TIMES CHOUINARDS G.A. ZAHLER PHOTOGRAPHY NORTHERN OXYGEN SERVICE ROBERT J. MILLER PERA JIM MERGES GARY SCHWENZFEIER NSP MINNEGASCO INCOME RECEIVED MARCH 21, 1988 4,499.00 800.00 913.90 10.00 25.00 TOTAL $6,247.90 BILLS TO BE PAID MARCH 21, 1988 596.81 654.00 301.36 97.29 86.94 9.00 9.50 310.04 17.00 58.23 72.00 15.60 2,091.50 146.44 70.96 26.40 399.37 271.50 TOTAL $5,233.94 QUEST INFORMATION SYSTEMS, INC. SOFTWARE MAINTENANCE AGREEMENT SELLER: QUEST INFORMATION 19285 HIGHWAY 7 SYSTEMS, INC. EXCELSIOR, MN. 55331 612-470-0707 Description SOFTWARE: BUYER: Copywriter Model Serial No. Yearly Maintenance Fee TERMS AND CONDITIONS During the term of this Agreement, conditioned upon timely payment by Customer of the yearly maintenance charges set forth above, Quest Information Systems, Inc. ("QIS") or its designee will provide the following maintenance services for the software listed. SOFTWARE MAINTENANCE 1. MAINTENANCE SERVICES. Subject to the exclusions listed in paragraph 4 below, QIS shall, on a best efforts basis, correct errors and malfunctions in the software listed above as soon as practicable after Customer gives Quest Information Systems, Inc. written notice of such error or malfunction so as to enable the software to perform the data processing functions described in the applicable QIS operating manuals and/or updates. 2. ENHANCEMENTS. From time to time QIS may, in its sole discretion, develop and distribute enhanced versions of application software. throughout the term of this Agreement, QIS will supply Customer with all enhanced versions of the software listed above which QIS distributes generally to its customers. Customer must install all enhanced versions supplied by QIS in order to ensure that Customer has the then current version of the software. 3. CONSULTATION. QIS will provide Customer with a reasonable level of technical consultation by QIS' choice of telephone or personal visit during QIS normal working hours. Such consultation service shall include: a) a reasonable amount of telephone consultation in response to Customer inquiries; and b) a reasonable number of visits to Customer during the first sixty (60) days following initial installation of the software listed above. The number and length of telephone or personal visit consultations shall be determined by QIS' service specialist. Any other consultation services (including any such services rendered other tan during QIS' normal working hours) will be billed to Customer at QIS' then prevailing rates for such services. 4. EXCLUSIONS. Software maintenance services to be provided by QIS under this Agreement do not include: A. Maintenance or consultation with respect to any version of the software other than the most recent version or enhancements furnished by QIS to Customer; or B. REPAIR, REPLACEMENT, CORRECTION OR ADJUSTMENT of any damage or malfunction caused by 1) accident, negligence, abuse, operator error or misuse, environmental conditions failure of or surges in electrical power, acts of God, or other causes other than ordinary use; or 2) adjustment, repair, modification or connection to other equipment or accessories without the prior written consent of QIS, which consent will not be unreasonably withheld. Correction or repair of any damage or malfunction caused by items A or B above shall be charged to Customer at QIS' then prevailing rates for replacement parts, labor and travel charges. 5. RESPONSE TIME / DOWN TIME. If Customer's software covered under this Agreement should malfunction, QIS will make a good faith effort to promptly restore it to proper operating condition. However, downtime of Customer's equipment for whatever reason is not a breach of this Agreement and shall not entitle Customer to any full or partial refunds or credits of maintenance charges. 6. TERM AND TERMINATION. This Agreement shall commence on the day of ,19 and shall continue in effect from year to year until terminated by either party upon thirty (30) days written notice to the other. 7. PAYMENT. Throughout the term of this Agreement, Customer shall pay to QIS, each year in advance, the Total yearly Maintenance Fee set forth above. In addition, QIS shall issue to Customer its invoices for all taxes which QIS is required by law to collect from Customer and for charges described in paragraphs 2,3, and 4, and Customer will pay all such invoices in full within thirty (30) days of invoice date. Any amounts not paid by Customer when due will accrue interest at the rate on one and one-half percent (1-1/2%) per month until fully paid. 8. FORCE MAJEURE. QIS shall not be liable for any failure or delay in performing any obligation under this Agreement due to any cause beyond its reasonable control. 9. LIMITATION OF LIABILITY. IN NO EVENT WILL QIS BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES UPON ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, EVEN IF QIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE AGGREGATE LIABILITY OF QIS TO CUSTOMER UPON ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS PERFORMANCE OR BREACH, WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY CUSTOMER TO QIS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE QIS FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS. 10. GENERAL. This Agreement is the complete and exclusive statement of the agreement between QUEST INFORMATION SYSTEMS, INC. and Buyer in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. Each and every provision of the Agreement shall be construed, to the extent possible, so as to be valid and enforceable under the controlling law. If any provision of this Agreement is declared void, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect as if said invalid provision did not appear herein. Dated: MR Buyer Dated: QUEST INFORMATION SYSTEMS, INC. WN QUEST INFORMATION SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT In consideration of the mutual promises in this agreement and for other goods and valuable consideration, receipt of which is acknowledged, QUEST INFORMATION SYSTEMS, INC. (QUEST), whose principal business address is City of St. Zip hereby grants to: (licensee), whose principal business address is: City of St. Zip nonassignable, nonexclusive license to use, on a single computer at any one time, the object code version of the QUEST software program identified as ("the program"). AN ADDITIONAL LICENSE MUST BE PURCHASE FOR EACH ADDITIONAL COMPUTER ON WHICH THE PROGRAM IS TO BE USED. Neither this license nor any of licensee's rights hereunder may be transferred, assigned or sublicensed by licensee without the prior written consent of QUEST INFORMATION SYSTEMS, INC. None of the rights hereunder include the use of the license materials, or any portion thereof, for the benefit of any third party. Licensee will not copy, disclose, print or otherwise permit access to the ")rogram, except for Licensee's own use or backup purposes, must include all zopyright and other proprietary notices which appear on the original licensed copy. No more than three (3) machine -readable copies shall be in existence at any one time without prior written consent from QUEST. Any such copies made shall be the property of QUEST. Licensee will not permit the Program to be copied, disclosed, printed or accessed by others. The licensed materials and any original and copies thereof, in whole or in part, whether the original and copies are made by licensee, QUEST, or anyone else, and all copyright, patent, trade secret and other intellectual and proprietary rights therein age and remain the valuable property of QUEST INFORMATION SYSTEMS, INC. WARRANTY AND LIMITATION OF LIABILITY Licensee acknowledges that the licensed material is of such complexity that it may have inherent defects and agrees that as QUEST's sole liability and as licensee's sole remedy, QUEST will provide all reasonable services to correct documented programming and documentation errors reported by licensee which QUEST'S diagnosis indicates are caused by a defect in an unaltered version of the delivered licensed materials. For each item of the licensed materials, this warranty is valid for a period of ninety (90) days from the date QUEST first delivers said item to Licensee. This warranty is not transferrable. QUEST does not warrant that the Program will meet Licensee's particular requirements or that the operation of the Program will be uninterrupted or error free. Licensee assumes all responsibility for the selection of the program to achieve Licensee's intended results and for the installation, use and results obtained from the Program. The foregoing constitutes Licensee's sole rights and remedies in connection with the Licensed Programs. In no event will QUEST INFORMATION SYSTEMS, INC. be liable to Licensee for any lost profits, lost savings, lost date or other consequential or incidental damages arising out if the use or inability to use the program, even if QUEST has been advised of the possibility of such damages. The aggregate liability of QUEST to Licensee upon any claims arising out of or relating to the program will in any event be absolutely limited to any license fee paid by Licensee. Any modifications to the licensed material not performed by QUEST are solely Licensee's responsibility. QUEST MARES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER RELATING TO THE LICENSED SOFTWARE OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT. NO REPRESENTATION OR STATEMENT NOT EXPRESSLY CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON LICENSOR AS A WARRANTY OR OTHERWISE. LICENSE TERM This license shall be effective on the date of its execution by both parties and will continue in effect thereafter until terminated as provided herein or by mutual consent of the parties. TERMINATION Either party shall have the right to terminate this license upon one (1) month prior written notice to the other party for failure to pay any fee due or for breach of any duty imposed hereunder. Upon termination LICENSEE shall immediately (1) discontinue use of all licensed materials (2) destroy all copies of the licensed materials and certify such destruction to QUEST or return all copies of the licensed materials to QUEST and (3) delete all portions of the licensed materials merged into other computer software of Licensee. All obligations of confidentiality hereunder shall survive termination of this agreement. MAINTENANCE QUEST shall have no maintenance obligations with respect to the Program after acceptance by Licensee unless the parties enter into a separate maintenance agreement provided by QUEST. GENERAL This License Agreement is the complete and exclusive statement of the agreement between QUEST INFORMATION SYSTEMS, INC. and Licensee in relation to the subject matter hereof. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and of the State of Minnesota. Dated: sted: Buyer By QUEST INFORMATION SYSTEMS, INC. By Cf � rr H G'� �j •� ! y i S N y cti0 Y m w H F w H CC y Y .ma m O QZi � m m PLO i '.O • o O O � ODD `• v � d fZ'f �e i o mH 'V Ci O H m 00 00 Z pmo mf ca � ]mr m m Cp Z o m _ b � w y O. y --1 H L R !'D can •Z-) o.n m J o. 3: i w;t o.mco- m a f _ y w N M M M M N M w M M (A ti ar o of w Z m m o w o H GmV b O _ _ _ o _ o �.yy e� 1 4.n 4n to In to a✓. V. tJ. } oW+ W w �-+ 1 o O Y rbi y Y W H bWV oa m e y ► � 0 0 0 0 0 0 e e o 0 0 0 �'� C� y 0 o Y ► O� �O w O. �O N Oo+ w OOi ~.1 m Vl . y O" > T► N e m a .► ti O O 0\ � � a O y O O tl� o f m- t N o m— to w w— V LipV LEZ H O o 0 0 0 0 o p 0 0 0 0 0 1 A N Obi .p r yy i c- - O Z. -_ ami. O. > y �Hi m �Y�++ i u o——— T u— N V— W— H m o w a o o p r. c4 a m z ao .�'-•ono v. e.►mw �--.W.a®o � .a c--� x w RRRI»i Vs Vl N W W n o H o O O O p o o Y m m w m w W V w V 1-- an O e C Y w o O Z J V o N to — r — O— N— O O b 64 a J _ _ _ W 0 0 0 0t90 O 1- N o w O— o O w— O V e e O O m W o o a 8 Y N Ill A r- Qd 00 n �l i 0-4 cc U. Qt r- CD wl V 0 1 L " il I(T a 001 die dc f CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 SPECIAL WORK MEETING of the COUNCIL MARCH 15, 1988 A special work meeting of the Council was held on Tuesday, March 15, 1988. Members present included Mayor Loretta Roden, Council members Gary Schwenzfeier and Bob Braun. Others present included Maureen Andrews, Brad Farnham, Bob Miller and Thore Meyer. The purpose of the meeting was: * I. To see a demonstration of the computer system being considered. * 2. Discuss a general developer's agreement that will be used for all future development. * 3. Discuss the progress being made on the industrial park (or lack _ there of). 4. Discuss the charges being established (water and sewer connection charges). 5. Discuss the issue of planning. Mr. Brian Frederickson of Quest Computer Systems was present and gave a brief overview of the utility billing package that the City is thinking about purchasing. Brian walked the Council members through the different things the computer and program are capable of doing. There was some general discussion about the system. Brian agreed to leave the purchase agreement for the Council to consider at the next regular meeting. No action was taken on the issue. The next issue discussed was that of Longevity City, U.S.A., Inc. and what has been happening with this proposal. The Council was brought up to date on what has been happening with the industrial park. Brad informed the Council that he has been in regular contact with Mr. Singer and had requested a list of references, both personal and business related. It was agreed that the City would request that Longevity City, U.S.A., Inc. Put together a document describing the project, time frames, project team participants, references and an agreement to escrow monies up front for the cost incurred by the City. .. lake mit C a .. .... , •nrr if r InrNN Home. !ndl n. Rli lnt,� SPECIAL WORK MEETING PAGE 2 If the group is really interested in the Albertville area, this will receive a positive response; if not, it would mostly mean that the project would not go forward. If this was to occur, it was the feeling of those present that a letter should go to the State Department of Trade and Economic Development expressing the City's displeasure in the initial phase of this project. In addition, there was some discussion regarding the fact that Jim Willequette may have another developer who is interested in doing work in Albertville. No action was taken on this matter. It was also suggested that the City might be interested in looking at the possibility of a media blitz to see if we could get some companies interested in relocating to Albertville. It was suggested that the City might consider placing ads in the League of Minnesota Cities maqazine, developers' magazines or the Star and Tribune stating Albertville is interested in new industrial development and would be willing to assist in the development. It was suggested that this would put Albertville on the map. The group next discussed the use of development agreements. It was pointed out that the City needs to use these agreements for all development, but that staff has not reached agreement on how detailed the developer's agree- ment needs to be. The Council was informed that staff had met with the Darkenwald group earlier in the day and had walked through the issues set forth in the agreement. It was agreed that the agreement should be gone through by the Council and the issues of concern pointed out. After a great deal of discussion, it was decided that the City should look at agreements drawn up for other communities. The list included the following cities: Elk River Buffalo Delano Rockford Monticello Waite Park Prior Lake Lakeville Apple Valley The purpose of reviewing these agreemnts is to see if the City is requiring too much in terms of what other cities do. It was also discussed that Albertville doesn't want to chase the small "local" developers away by requiring too much. It was decided that it was important that staff meet and discuss the issue with the other developers to see what their reaction is regarding agreement. After this meeting, staff will meet again with the Council to discuss the findings. The issue of charges were briefly discussed. It was pointed out that the Darkenwald group showed a real negative response to the increases in the charges because of the impact they have on the building permits. The Council was told that the developers may walk out of the deal if the City could not show some flexibility on these issues. It was also pointed out that this issue really is influenced by what happens with regards to developers agreement. SPECIAL WORK MEETING PAGE 3 It was agreed that we would need to look at this issue in more detail once all the other issues are resolved. The last issue discussed was the possibility of hiring Northwest Consultants to complete the Planning Oodinances, Subdivision Regulations and the Comprehensive Plan. There was some discussion regarding the financing of the project and it appears that a portion of it could be covered by local administration proceeds in the current bond issues being discussed. It was agreed that Maureen should contact the firm so that they could get started on the work right away. The next work meeting has been scheduled for March 30th at 7:00 p.m. at the City Hall. There was no other business so the meeting broke up.