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1992-12-21 CC Agenda/PacketW • Ij ALBERTVILLE CITY COUNCIL AGENDA December 21, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * December 7, 1992 V. APPROVAL OF THE MINUTES * December 1, 1992 - Special Meeting w/employees * December 7, 1992 - Special Meeting re: wages * December 7, 1992 - Regular Meeting * December 8, 1992 - Assessment Hearing - Trunk Sewer Line * December 9, 1992 - Truth in Taxation Meeting VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. MAINTENANCE - Quote on new cab for John Deer - Report on Ken's inJury - Project Updates B. ENGINEERING - 50th Street Bids - Project Updates 8 30 PM C. LEGAL - Quit Claim Deeds - Sewer Line - Pond property lease - Zimmer Brothers - High School Sewer Line Assessment - Potential appeal of Westwind Commercial Assessment - Project Updates D. PLANNING COMMISSION - Minutes of December 8, 1992, meeting • • • E. ADMINISTRATION Financial Statement * Approval to pay bills (Check $7029 - thru 7069) - Approval of excavation permit for Andy Savitski - Frankfort Fire Contract - Park Rental for Broomball & Softball - Update Mike's job description - Easement Grant - Bauman for Joint Powers VIII. ADJOURN UPCOMING MEETINGSIIM_PORTANT DATES January 4, 1993 City Council - Regular Meeting January 12, 1993 Planning Commission - Regular Meeting January 19, 1993 City Council - Regular Meeting January 21, 1993 Park Board - Regular Meeting January 26, 1993 Planning Commission - Regular Meeting • • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS December 21, 1992 III• APPROVAL OF CONSENT AGENDA - Minutes of December 1, 1992 - Special Meeting with employees - Minutes of December 7, 1992 - Special Meeting re: wages - Minutes of December 7, 1992 - Regular Meeting - Minutes of December 8, 1992 - Assessment Hearing - Trunk Sewer Line - Minutes of December 9, 1992 - Truth in Taxation - Financial Statement - Approval to pay bills (7029 thru #7069) - Follow Up Sheet - December 7, 1992, Meeting ALBERTVILLE CITY COUNCIL December 21, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmembers Duane Berning, Donatus Vetsch, Mark Barthel and Mike Potter, City Engineer Throe Meyer, City Attorney Bill Radawill, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: follows: VI. COMMUNITY FORUM - John Weicht B. Engineering - Bids on Sewer Replacement Project E. Administration - Approval to pay Sentry Systems one-half cost of alarm system for park shelter - Approval to pay remaining 1992 bills on December 31 Barthel made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the December 1, 1992, special meeting with the employees as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the December 7, 1992, special meeting to discuss wages as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the December 7, 1992, regular City Council meeting as presented. Barthel seconded the motion. All voted aye. The minutes of the December 8, 1992, were corrected on Page 2, Paragraph 3 to add the following: Potter seconded the motion. All voted aye. Vetsch made a motion to approve the minutes as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the December 9, 1992, Truth in Taxation meeting as presented. Barthel seconded the motion. All voted aye. John Weicht explained that he was required to include the legal description on a document, he must record for the Westwind Third Addition. The legal description was prepared by Meyer- R.ohlin, Inc. Thore verified that the legal description presented ALBERTVILLE CITY COUNCIL December 21, 1992 Page 2 of 4 was correct. Potter made a motion to approve the corrected legal description as prepared by Meyer-Rohlin to allow Weicht to get, the document recorded. Barthel seconded the motion. All voted aye. Potter informed the Council that the cab on the John Deere mower is not an OSHA approved cab. Linda reported that as of today"s date Ken Lindsay is back to 100% work capacity as stated in the report from Dr. Dean Roehl. Engineer Thore Meyer explained that the bids opened for the 50th Street improvement came in under estimates. Buffalo Bituminous is the apparent low bidder. The Council pointed out that Buffalo Bituminous is prohibited from using; water from any hydrant on the Joint Powers system. Thore has met with the Frankfort engineer and Frankfort has chosen not, to install concrete curb and gutter on their portion of the street. They have decided to use blacktop curbing instead. Those Frankfort property owners who wish to have concrete curb and gutter can choose to pay the additional costs. Preliminary figures show that Frankfort's share of the cost of improving 50th Street is approximately $45,000. However, the City of Albertville will share in the expense of the base at the Fehn intersection and for lowering that corner. Potter made a motion to accept the bid from Buffalo Bituminous for the 50th Street improvement subject to Frankfort Town Board's acceptance of their portion of the total bid. Potter noted that the bid includes the upgrade to a 9-ton specification, the sidewalk, and the concrete curb on the total project. The actual amount of the work should be somewhat less. Barthel seconded the motion. All voted aye. Potter made a motion to have Linda send the joint powers agreement between the City of Albertville and Frankfort Township detailing how the costs are allocated for the 50th Street project. Barthel seconded the motion. All voted aye. Thore reported the true low bidder for the sewer upgrade project opened December 3, 1992, is Widmer, Inc. in the amount, of $358,375.95 less a deduct figure of $4,953.80 if the Council chooses to use ultra -rib pipe instead of the PVC pipe bid. Widmer, Inc. meets all. state and federal requirements for the MPCA loan. Vetsch made a motion to accept the bid from Widmer, Inc, for the 1992-11B Improvement Project (Sewer Upgrade) in the amount of $353,422.15 (Alternate B using ultra -rib pipe). Potter seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL December 21, 1992 Page 3 of 4 Potter made a motion to approve the Quit Claim deeds for Don & Betty Barthel, MGM Properties, and Margaret, Heinen correcting easement lines for sewer mains though those properties. Berning seconded the motion. All voted aye. Potter made a motion to approve a one-year lease with Zimmer Brothers to rent, land by the wastewater treatment plant in the amount of $950. Vetsch seconded the motion. All voted aye. Barthel made a motion reaffirming the passage of RESOLUTION 1992-45 passed December 8, 1992, detailing the assessment of the trunk sewer line. Potter seconded the motion. Barthel, Potter, Walsh and Vetsch voted aye. Berning abstained. Attorney Radzwill informed the Council that he has received a request from .lohn-George, Inc. to negotiate the assessment on the Westwind Commercial property. The Council concurred that they have already negotiated as much as possible and have made the decision to assess the property. Vetsch made a motion to approve the Financial Statement for the period December 3 - December 16, 1992 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of the bills as presented (Check #'s 7029-7069). Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the excavation permit for Andy Savitski to fill on Sunrise Commercial Park lots and to waive the $40.50 fee because the City was responsible for removing dirt, from this site in 1988. Barthel seconded the motion. All voted aye. Potter made a motion to approve the 1993 Fire Protection Agreement with Frankfort Township in the amount of $10,837.00. Linda will send the agreement to Frankfort Township for their approval. along and a letter explaining that the same formula was used to determine the contract amount as was used in 1992 and noting that the increased dollar amount is due solely to increased evaluation in the Township. Barthel seconded the motion. All voted aye. The Council agreed to have the Park Board review the charges for tournaments, etc., and nuke a recommendation to the Council. Linda informed the Council that a window in the new park shelter has been broken. The maintenance department is in the process of determining how to replace the window. Potter made a motion to approve the easement agreement for the ALBERTVILLE CITY COUNCIL December 21, 1992 Page 4 of 4 Earl Bauman property as requested by the Joint Powers Board. Barthel seconded the motion. All voted aye. Potter made a motion to authorize Linda to pay all bills received before the end of the year. A list of those checks will be provided to the Council in the next agenda packet. Barthel seconded the motion. All voted aye. Norm Gartner updated the Council on the plans and specs for the wastewater treatment expansion. Final plans and specs are not yet complete. Potter informed that Council that Albertville will host the Wright County Mayor's Association meeting in .June of 1993. Barthel made a motion to adjourn at 9:55 PM. Vetsch seconded the motion. All voted aye. James A. Walsh, Mayor inda Houghton, clerk ALBERTVILLE CITY COUNCIL December 7, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mark Barthel and Mike Potter, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Walsh called the regular meeting of the Albertville City Council to order. The following items were added to the agenda: Maintenance: - Discuss storing the new truck at the pond site - Discuss sanding in front of the new high school Engineering: - Barthel Manor Second Addition Administration: - 1992 audit bids - Transfer $25,000 from sewer fund to general fund as budgeted in 1992 - Resolution 1992-44(Reserving astericked line item funds in 1992 budget) - Ken Lindsay's work related injury Potter made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the Follow -Up Sheet from the November 16, 1992, meeting. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 16, 1992, meeting as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 16, 1992, public hearing to amend the budget of TIF District #4 as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 24, 1992, Assessment Hearing on the Westwind Commercial property as presented. Potter seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 24, 1992, Assessment Hearing on the trunk sewer line as presented. Potter seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL December 7, 1992 Page 2 of 6 The Council reviewed the information presented by Tim Raab concerning the settlement in his driveway around the curb stop. He feels poor compaction when the curb box was installed has caused the driveway to settle. Thore reported that the curb itself was mudjacked into place easily, but there is a quite substantial hole under the driveway around the curb box. It is not possible to mudjack this because the hole is too large. Councilmen Potter Berning and the engineer will meet with Mr. Raab to discuss a solution. Dan Wolesky, representing the Blue Line Hockey Club, requested approval for a gambling license enabling them to help the Albertville Jaycees conduct a raffle for a snowmobile at the Snowmobile Race event January 2 and 3. Wolesky also requested a letter from the City exempting the Blue Line Hockey Club from the 30-day time frame for the license. Potter made a motion to approve the gambling license allowing the Blue Line Hockey Club to participate in the snowmobile raffle on January 2 and 3, 1993, and to request the state to waive its 30-day time restriction on the license. Berning seconded the motion. All voted aye. The Council directed Ken to get at least one more quote for lettering the snow plow truck and to accept the lowest quote. The Council were presented with Ken's responses to the snow plowing complaints the Council discussed at the last meeting. Ken explained that he does not feel that the new working hours for the maintenance department are beneficial to the City. Linda explained that in her opinion the new hours were not causing any problems and that the City benefited from having a maintenance employee on the job from 7:30 am to 4:30 pm. The Council concurred that scheduling work hours was an administrative decision and, based on Linda's recommendation, the hours would remain as set. Councilman Vetsch had requested that the City should consider storing the plow truck at the wastewater treatment building. Mayor Walsh indicated that this should be an administrative decision. Mayor Walsh requested that the maintenance department sand both entrances to the new high school to eliminate a potential hazard. Engineer Thore Meyer reported on the bids received for the 1992-11B Sewer Main Replacement project. Since the low bid is higher than those figures presented in the Feasibility Study, he advised the Council in his letter dated December 7, 1992, to delay the awarding the bid until December 21, 1992, to enable his firm to determine if there are any potential cost savings in the contract, to clear up any discrepancies in the Small Minority ALBERTVILLE CITY COUNCIL December 7, 1992 Page 3 of 6 Business/women's Business Enterprise requirements, and to determine if the loan amount for this phase of the project may be amended with the MPCA and DTED. Potter made a motion to delay the awardal of the contract for the 1992-11B Project until December 21, as recommended by the engineer. Berning seconded the motion. All voted aye. Mayor Walsh and Councilman Berning met with Linda and Thore to examine the sewer rates for 1993. The current rates are adequate to cover the O&M cost of the system at this time. The committee recommends that the sewer rates for 1993 be left at the current rate and advises that the Council review these rates next year. Thore reported that he has walked the area between Trudy Dahlheimer's property and the football field and he doesn't see that the drainage from the football field impacting the Dahlheimer property. He did observe that cattle and horses have tramped through the ditch behind Dahlheimer's and have probably somewhat disturbed the original elevations. Thore recommended that the Council make an actual drainage study of the area. Thore was directed to put together the costs of a retaining wall in Barthel Manor Second Addition for the Council to review at their next meeting. The Council received a letter of resignation from the Park Board from Dean Spenser. Spenser was in attendance at the meeting. The reason for his resignation was questioned, and he explained that he, along with the other Park Board members, found it very difficult to work with Ken Lindsay in the maintenance department and was frustrated by the problems the Park Board has encountered. The Council reaffirmed that Mike Rutkowski is in charge of the parks and the Park Board should deal directly with him only. Linda was directed to meet again with both maintenance employees to clarify the job positions. Spenser agreed to withdraw his resignation from the Park Board at this time. Potter made a motion to adopt the following park rental/damage fees as recommended by the Park Board: Ballfield/Concession/Buildin Resident $100 Non -Resident $150 Building Only Resident $ 50 Non -Resident $100 ALBERTVILLE CITY COUNCIL December 7, 1992 Page 4 of 6 Ballfield /Concession Only Resident & Non -Resident $ 75 Damage Deposit Resident & Non -Resident $100 These fees are effective immediately. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the purchase of the Sentry Security System for the new park shelter building at a cost of $550 and to have a telephone line installed to the shelter. Potter seconded the motion. All voted aye. Attorney Mike Couri reported that he has spoken with the Wright County Auditor and she will accept special assessments for the 1992 tax roll for the trunk sewer line. Couri reported that he is in the process of getting the sewer line easement over the property owned by Margaret Heinen corrected. It is simply a matter of cancelling out the old, incorrect easement and substituting the new easement. Couri also reported that a complaint against Maynard Strickler, owner of the property known as "Rugged Road" has been filed with the County to initiate clean-up of his property. Couri was asked to review the statement from Radzwill Law Firm regarding the charges for the TIF #4 public hearing and get back to Linda. Potter made a motion to approve the subdivision request from Ed Bruen as recommended by the Planning & Zoning Commission on November 3, 1992. The buyer of the subdivided lot has agreed to purchase an additional 20 feet of property from Ed Bruen in order allow him to keep the door on the west side of the current Car Wash. With this additional property, the buyer will not need a variance for his trash area. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for the period November 13 - December 2. Potter seconded the motion. All voted aye. Barthel made a motion to pay the bills (Check #6950 - Check #7022) with the exception of Check #6988. Couri will get a revised billing for the City. Potter seconded the motion. All voted aye. Barthel made a motion to approve the resolution for Joint Powers to increase water rates and hook -on fees. Potter seconded ALBERTVILLE CITY COUNCIL December 7, 1992 Page 5 of 6 the motion. All voted aye. Potter made a motion to amend the proposed Lease Termination Agreement with the Joint Powers Board, contingent upon its being amended to include that Joint Powers will install a water service to this property and will notify the City prior to the installation to allow the City to install a sewer service at the same time and Joint Powers will seed the property. Berning seconded the motion. All voted aye. Linda was asked to contact NSP and get cost estimates of installing two street lights by the entrances to the new high school for the next meeting. The Council discussed Dennis Fehn's offer to move the old warming house out of the City at no cost. Because of the on -going problem with space for the maintenance and fire departments, Mayor Walsh indicated that he felt the City should have the building moved to the wastewater treatment plant for cold storage. Potter made a motion to allow Dennis Fehn to move the old warming house outside of the City of Albertville. Barthel seconded the motion. All voted aye. The Council considered the bids for recycling for 1993. Two bids were presented --one from Wright Recycling and one from Evergreen Recycling. Barthel made a motion to accept the low bid from Wright Recycling for a two-year contract for recycling in the City at a cost of $435.00 per month during 1993 and $450.00 per month in 1994. Potter seconded the motion. All vote aye. Potter made a motion to adopt RESOLUTION #1992-43 to transfer $25,000 from the Sewer Enterprise Fund to the General Fund as approved in the 1992 budget. Berning seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1992-44 to reserve all monies remaining in the asterisked line items in the 1992 budget. These monies can only be spent on non -designated items by City Council resolution. Berning seconded the motion. All voted aye. The Council discussed Ken's workers' comp back injury. Linda reported that she has a report from Ken's doctor detailing Ken's work limitations with this back injury. Linda was asked to make sure that Ken does not exceed those limitations. Dennis Fehn requested approval to connect his house to the sanitary sewer main located on Barthel Industrial Drive instead of the service stub located off of the cul-de-sac. Thore agreed that the Barthel Drive connection would be a straight shot, but a longer ALBERTVILLE CITY COUNCIL December 7, 1992 Page 6 of 6 service lead than normal. He saw no problem with allowing Fehn to connect as proposed, as long as FEhn agreed to pay his share of the assessment if the sewer main is ever continued down Barthel Industrial Drive. The Council decided to have the Planning & Zoning Commission consider Fehn's proposal before a decision is reached. Potter made a motion to adjourn at 9:30 PM. Barthel seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, City Clerk CONTINUATION OF ASSESSMENT HEARING TRUNK SEWER LINE December 8, 1992 Albertville City Hall 7:00 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Mark Barthel and Duane Berning, City Clerk Linda Houghton, City Attorney Mike Couri Mayor Walsh opened the continuation of the deliberation portion of the assessment hearing on the truck sewer line. City Clerk Linda Houghton and Mayor Walsh have received a letter of objection to the proposed assessment from Douglas and Beatrice Psyk. Mayor Walsh referred the letter to the attorney for his recommendation. Attorney Couri advised the Council to accept Psyk's letter of objection with reservation. He advised the City to reserve the right to challenge the timeliness of the objections, since the objection was not presented at the public comment portion of the assessment hearing. Couri also advised the City Council and clerk not to discuss the objection directly with the Psyk's until Psyk's attorney verifies and approves any discussion. The Council reviewed the amortization schedule of the bond for this project. If the Council chooses to defer the area assessment for a period of five years, the City will need to levy amounts ranging from $7,200-$8,305 from 1994-1997 to make the bond payment. These amounts do not include the additional $7,420 of the costs of 1/2 the sewer line by the Joint Powers, Heuring and Bebeau properties. The levied monies will eventually go back into the General Fund at the end of the 12 year bond schedule. Councilman Berning told the Council he will abstain from voting if the Council moves to accept the assessment roll that assesses the sewer extension past the Joint Powers, Bebeau, and Heuring properties only for one side of the street. Couri told the Council that the extension is a separate project and can be assessed on one side of the road only if the Council so wishes. The City would be responsible for the other half of the costs, or $7,240.40. Couri does not recommend that the City pledge that amount from the sewer fund even though it is a viable option for the Council. The bond document for the project calls for a levy, but Couri indicated that the City Council can take funds from the sewer fund if there is a surplus. Councilman Potter suggested the Council consider assessing those property owners on the separate project an amount greater than 50% of the cost of the line, but perhaps not as much as 100% of the costs. Couri indicated the Council has the rationale to assess the properties 100%, or 50%, but may not have a justified rationale to assess at a rate in between those two percentages. Barthel made a motion to adopt RESOLUTION #1992-45 establishing the assessment roll for the 1991-2 Trunk Sewer Improvement Project, deferring the assessment on the undeveloped area for a maximum of five years, or up until such time as the property is developed. Potter seconded the motion. Potter, Walsh and Barthel voted aye. Berning abstained from the vote. The motion carried. Berning made a motion to accept the letter of objection from Douglas and Beatrice Psyk with reservations as noted by the city attorney. Barthel made a motion to adjourn at 7:55 PM. Berning seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, City Clerk CITY OF ALBERTVILLE TRUTH IN TAXATION HEARING December 9, 1992 Albertville City Hall 7:00 PM PRESENT: Mayor Jim Walsh, Councilmembers Duane Berning, Mike Potter, Donatus Vetsch and Mark Barthel, City Clerk Linda Houghton Mayor Walsh called the Truth in Taxation Hearing for the City of Albertville to order. The Council reviewed the proposed 1993 budget and the summary of the budget as presented. Copies of both the 1993 budget and the budget summary statement were available for the public. Mayor Walsh called for comment from the audience. Only one person was in attendance at the hearing and he had no questions concerning the City's portion of his tax statement. Barthel made a motion to adopt RESOLUTION #1992-46 (RESOLUTION ADOPTING THE FINAL ALBERTVILLE BUDGET FOR 1993). Potter seconded the motion. All voted aye. Barthel made a motion to adjourn the Truth in Taxation Hearing at 7:35 PM. Vetsch seconded the motion. All voted aye. James A. Walsh, MAyor Linda Houghton, Clerk SCHARBER & SONS 13725 MAIN STREET P.O. BOX 128 ROGERS, MN 55374 612-428-4107 17-14 UT PMENT ti Q d -1--, �— i V ci-- T113. A P ',' AGENCY NAME: A DUR SS S CTTY/-)T: CCNTACT: PHONE Y: --�'L— [jo'HN EF.E PRICE TOTAL PRICE TOTAL TRADE TO.. AT� 9ET PRICE (— A , r- , MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 December 16, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: 1992-13 Improvement Project 50th Street Reconstruction Honorable Mayor & Council Members: Sealed proposals were received and opened at 2:00 P.M., Wednesday, December 15, 1992, at the Albertville City Hall for the above -referenced project. The six proposals received have been checked for extension errors and are listed as follows: 1) Buffalo Bituminous, Inc. $228,288.70 2) GMH Asphalt $231,455.80 3) Bauerly Bros. $241,786.22 4) Aero Asphalt, Inc. $250,363.50 5) Valley Paving, Inc. $271 , 334. 45 6) W.M. Miller, Inc. $279,858.00 The engineering estimate, as presented at the public hearing, for construction only, was: Street Construction $229,818 Sidewalk Cons truction 17,100 $246,918 All bids were properly submitted by responsible contractors. We would recommend the awardal of the contract to Buffalo Bituminous, Inc. in the amount of $228,288.70; however, any action delayed until the final joint agreements are signed between the city of Albertville and Frankfort Township regarding payment of Frank- fort's share of the construction to the city of Albertville. As per the specifications, the City Council has 30 days to act upon these bids. If you have any further questions, please feel free to contact me. cc: E-9001-J Yours X/CHLIN, ry truly, MEYE INC. ore Meyer Professiona Engineer Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor v„ FOLLOW OP SHEET DECEMBER 7, 1992 Linda: Review sign ordinance and inform current violators of the ordinance's requirements. Council: Determine additional costs to average building if amendment to Ordinance #1000.4 (i) (2) is approved. Vetschl Meet with Frankfort's engineer & Board to Meyer} negotiate workable solution on 50th Street Berningl regarding who will do what. Linda) Draft one-year lease with Zimmer Brothers for Couril of excess land by ponds, Linda: Proceed to develop Fair Housing requirements to comply with the Fraser Steel loan agreement, Meyer: Contact developers of Hardwood Ponds about installing aprons for the two driveways that will access Main Ave. Middleton: Determine additional premiums to insure lift stations against lightning strikes and damages caused by vehicles. Meyer: Report if action should be taken re: drainage easement per letter from Trudy Dahlheimer. Linda: Contact Anthony Kempernich, MNDOT, to see if City can hook onto original lights along interchange and find out costs involved. Council: Evaluate proposed change in work schedules of Maintenance Department employees. Potterl Meet with Tim Raab to discuss solution to Berning) driveway settlement problem. Meyerl Ken: Get at least one more quote for lettering of snow plow truck and accept lowest quote, Ken: Sand both entrances to new high school, Meyer: Put together costs of a. retaining wall in Barthel Manor Second Addition. Couri: Correction of sewer line easement across Margaret Heinen's property. Couri: Review Radzwill Law Firm statement regarding the charges for TIF #4 public hearing and get back to Linda. * Linda: Contact, NSP and get cost estimates to install two street lights by entrances to new high school. ALBERTVILLE CITY COUNCIL SPECIAL MEETING EMPLOYEE GRIEVANCE December 1, 1992 Albertville City Hall 7:00 PM PRESENT: Mayor Jim Walsh, Councilmembers Duane Berning, Mike Potter, Mark Barthel and Donatus Vetsch, City Clerk Linda Houghton, City Employees Ken Lindsay, Ann Culley, and Mike Rutkowski Mayor Walsh called the special meeting to order. The purpose of the meeting is to discuss the grievance filed with the Council concerning the lack of employee input in establishing the 1993 budget concerning employee wage freezes. City Clerk Linda Houghton explained that the employees have presented a letter of grievance and have asked that this meeting be set up to discuss their concerns with the Council. Ann Culley, acting as the group spokesperson, told the Council that the employees did not attend any budget meetings because they had been told that the Council would not address wages until employee evaluations had been done. Since these evaluations had not been completed at the time of the second budget meeting, the employees understood that wages would not be addressed. After the second budget meeting, Linda mistakenly understood and reported to the employees that another meeting would be set up to discuss wages as soon as the employee reviews were completed. Ann indicated at that point, the employees felt that their only option was to file this grievance. Councilmen Berning and Potter stated they feel that the City's Compensation Plan does not call for an employee increase in 1993. Mayor Walsh stated he felt that the Compensation Plan was established in a hurry in order to meet state guidelines and had nothing to do with the 1993 wages. Potter stated that the legal advice the Councilmembers received via mail tells them to follow the City Comp Plan. Culley stated that at the meeting last year when the Council approved the Comp Plan the employees were told that this comp plan would be reviewed annually. Potter pointed out that budget cuts had been made in all areas and in all departments, not simply in employee wages. Ann questioned what the decision to freeze wages was based on. Potter and Barthel answered that the decision was mainly reached because of lack of funds. Vetsch added that the wages currently paid to the employees are higher than neighboring communities pay, although he stated that he had not in fact compared job descriptions. Excluding the Fire Department 1993 budget, Potter stated that the wages and the benefits, including workers comp, the City pays its employees exceed 50% of the budget. According to Potter, the norm in other communities is between 24-35%. Linda pointed out FICA, PERA, and workers comp are not what most people consider "benefits", although they are a cost of operation. Potter also pointed out that the costs he quoted do not include overtime hours. He feels that the City is far in excess of what other cities pay for employee wages and benefits. The employees stated that overtime is mandatory, not optional, for them. Linda advised the Council that she has been informed that the state will increase its local government aid payment for the last half of the year by 8.5%. This extra payment can be used by the City in any way the Council chooses. Potter again stated his decision to freeze wages is based on the availability of funds. Walsh stated that Linda has pointed out there will be an additional $3,000+ from LGA payments in December that the Council can use for wage increases, if they wish. The audience was informed that job descriptions are available for City employees if they wish to get a copy. Barthel made a motion to continue this open meeting until after the closed meetings are held to review job performance. Vetsch seconded the motion. All voted aye. Mayor Walsh reconvened the meeting after the closed employee review meetings were held. He told the audience that employees reviews had been discussed and it is his recommendation to the Council that Ann Culley and Mike Rutkowski be offered a 3.5% increase in wages. Walsh recommended that Ken Lindsay not be given a raise. After further discussion on how the 1993 could be revised, Potter made a motion that this meeting be continued until Monday, December 7, 1992, at 6:30 PM, to allow the Council to be able to review the actual income and expenses for 1992 through November. Linda was directed to provide the Council with those figures through November by the end of the week. Berning seconded the motion. All voted aye. James A. Walsh, MAyor Linda Houghton, Clerk CITY OF ALBERTVILLE CONTINUATION OF SPECIAL MEETING December 7, 1992 Albertville City Hall 6:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mark Barthel and Mike Potter, City CLerk Linda Houghton Mayor Walsh reconvened the special meeting for the purpose of reviewing the proposed 1993 budget in consideration of granting a 3.5% hourly pay increase for employees Ann Culley and Mike Rutkowski. The Council reviewed the City's actual revenue and expenditures amounts through November 1992, as well as the proposed 1993 budget figures to determine if a total wage increase package of approximately $1,500 for 1993 could be fit into the budget. Mayor Walsh pointed out several line items in the 1993 budget, that when compared to the 1992 actual expenditures through November, where slight cuts in expenditures could be made. Berning and Potter pointed out several line items in the expenditure side of the 1992 budget which exceeded the budgeted amount. Berning pointed out that the revenue figures for 1992 through November were not up to the projected amounts in the 1992 budget. City Clerk Linda Houghton explained that in December the City would receive both its tax settlement from Wright County and the second half of the Local Government Aid from the state. The largest revenue loss is from the loss of the fire contract with the City of Otsego. Ann Culley presented the Council with an information packet refuting the claim that employee costs accounted for about 50% of the 1992 budget. Her figures show that employee wages accounted for only 29% of the 1993 proposed budget in total, and deducting the Fire Department budget, wages represent 37% of the 1993 budget. Potter made a motion not to offer employees Ann Culley and Mike Rutkowski a 3.5% raise for 1993. Berning seconded the motion. Potter and Berning voted aye. Barthel and Walsh voted no. The motion failed. Berning made a motion to continue the 1992 hourly pay rate for both employees at this time and to review wages for the two employees again in March of 1993. Potter seconded the motion. All voted aye. Potter made a motion to adjourn at 7:20 p.m. the motion. All voted aye. 1-117, Berning seconded FORK NO. 28-H QUIT CLAIM DEED-INDIVIDUAL(S) TO CORPORATION OR PARTNERSHIP Form No. 28-M-Quit Claim Deed Minnesota Uniform Conveyancing Blanks (1978) Individual(s) to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number County Auditor by I Deputy STATE DEED TAX DUE HEREON: $ Date: A0,4 // , 1992 (reserved for recording data) FOR VALUABLE CONSIDERATION, Donald G. Barthel and Betty L. Barthel, husband and wife, Grantors, hereby convey and quitclaim to the City of Albertville, Grantee, a Municipal Corporation under the laws of Minnesota, real property in Wright County, Minnesota described as follows: SHE EXHIBIT "A" Together with all hereditaments and appurt ces belongingereto D' I G. Ba el- Affix Deed Tax Stamp Here Betty L arthe STATE OF MINNESOTA ss. COUNTY OF WRIGHT The foregoing instrument was ackrowledged before me this ,%ll day of 1992 B Y /i�� eA L.� �o �- , , Grantors. NOTARY3. 1 WRIGHT COIJNTY ti Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMENT WAS DRAFTED BY Radzwill Law Office P.O. Box 369 705 Central Avenue East St. Michael, Minnesota 55376 EXHIBIT A Description for temporary construction and permanent sewer easements Donald and Betty Barthel A 120.00-foot Temporary Construction Easement and a 60.00-foot Perpetual Easement for Utility Purposes over the following tract: That part of the Northwest Quarter of Section 1, Township 120, Range 24, described as follows: Beginning at the northwest corner of said Section 1; thence east along the north line of said Section 1, a distance of 1235 feet to the southerly right-of-way line of the Burlington Northern Railroad; thence deflecting to the right 28 degrees 58 minutes, along said southerly right-of-way, a distance of 74.3 feet; thence deflecting to the right 62 degrees 06 minutes, a distance of 718.03 feet; thence deflecting to the right, to a point on the west line of said Section 1, 754 feet south of the northwest corner of said Section 1; thence north to the point of beginning; except that part of said Northwest Quarter lying northwesterly of the center line of County Road 19, all of the above lying in the County of Wright, State of Minnesota. The centerline of said easements described as follows: Commencing at the northwest corner of the Northwest Quarter of said Section 1; thence S 00 21' 09" W, assumed bearing, along the west line of said Northwest Quarter, a distance of 754.00 feet; thence N 890 25' 09" E along the south line of said tract, a distance of 913.62 feet to the actual point of beginning of the centerline to be described; thence N 20 34' 48" W, a distance of 176.52 feet; thence N 70 48' 47" W, a distance of 300.00 feet; thence N 00 33' 47" W, a distance of 280.00 feet to the north line of said Northwest Quarter and there terminating, said point being on the centerline of Lachman Avenue Northeast, platted in Sunrise Commercial Park according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. The side lines of said easements to be shortened or lengthened to meet at angle points and to terminate on the north and south line of said tract. Said Temporary Construction Easement to expire December 31, 1992. Also a 120.00-foot Temporary Construction Easement and a 60.00-foot Perpetual Easement for Utility Purposes described as follows: 60-foot Perpetual Easement: The south 60.00 feet of the north 273.00 feet of the east 605.00 feet of the west 860.00 feet of the Northwest Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota. 120.00-foot Temporary Easement: The south 120.00 feet of the north 303.00 feet of the east 635.00 feet and west 860.00 feet of the Northwest Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, except the north 30.00 feet of the south 120.00 feet of the north 303.00 feet of the west 245.00 feet of the east 635.00 feet of the west 860.00 feet of said Northwest Quarter of Section 1, Township 120, Range 24. Said Temporary Construction Easement to expire December 31, 1992. FORK NO. 31-K QUIT CLAIM DEED —CORPORATION OR PARTNERSHIP TO CORPORATION OR PARTNERSHIP Form No. 31-M-Quit Claim Deed Minnesota Uniform Conveyancing Blanks (1978) Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number by County Auditor Deputy STATE DEED TAX DUE HEREON: $ Date: 1992 (reserved for recording data) FOR VALUABLE CONSIDERATION, the City of Albertville, a municipal corportion under the laws of Minnesota, Grantor, hereby conveys and quitclaims `to M.G.M. Partnership, a partnership under the laws of Minnesota, Grantee, real property in Wright County, Minnesota described as follows: SEE EXHIBIT A Together with all hereditaments and appurtances belonging thereto. Afrm Deed Tax Stamp Here STATE OF MINNESOTA ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 1992, by — ran or(s). NOTARIAL STAMP OR SEAL SIGNATURE OF NOTARY PUBLIC Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMEN.P WAS DRAFTED By Radzwill Law Office P.O. Box 369 705 Central Avenue East St. Michael, Minnesota 55376 EXHIBIT A A forty foot wide perpetual easement for sanitary sewer purposes with the centerline of said easement described as follows: Commencing at the North quarter corner of Section 1, Township 120, Range 24, which is the intersection of the center lines of Main Street and First Street in the Village of Albertville, Wright county, Minnesota; thence East 366 feet to the intersection of the center lines of first Street and Elm Street north of First Street, thence north 339 feet along the center line of Elm Street to the point of beginning of the easement; thence on an angle of twenty-seven degrees, twelve minutes to the right for a distance of 987 feet, more or less, to the north line of the south 60 rods of lot 9, Section 36, Township 121, Range 24. this shall be construed as a perpetual easement running with the land. FORT[ NO. 30-M QIIIT CLAIMS DRED-CORPOR ATION OR PARTHERsHIP TO INDIVIDUAL Form No. 30-M-Quit C1 aim Deed Minnesota Uniform Conveyancing Blanks (1978 ----- —n or Partnership to Individual ) No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed Certificate of Real EstatetValueired; Number I County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: , 1992 `) C FOR VALUABLE CONSIDE underthethe laws of �TION, the City he ebAlbertville, a municipal Corporation Y L. Barthel Grantor Count husband and y conveys and quitclaims to Donald ration Y, Minnesota described as wife nald G. follows: ' Grantees, real property y in Wright SEE EXHIBIT A To with all hereditaments and appurtances belonging thereto. Af►- Deed Tax Stamp Ilere STATE OF MINNESOTA ss. COUNTY OF WRIGHT The foregoing instrument ----��, 1992, by was acknowledged before a me this Minnesota, Grantor. a of day of under the laws of th tate of FNOTARIAL STAMP OR SEAL SIGNATURE OF NOTARY PUBLIC Tax Statements for the real property described in this inst sent to; rument should be THIS INSTRUMENT WAS DRApTgD BY Radzwill Law Office P.O. Box 369 705 Central Avenue East St. Michael Minnesota 5 5376 EXHIBIT A A 120.00 oot.o and a 60.fTemporary Construction Easement to expire on December. 31, 1992, over and 00 foot Perpetual Easement ' in the followingfor Utility Purposes described tract: , said easements lying that Part of the Northwest Range 24 West, described Quarter of Section 1 corner of said Section as follows: Township 120 North, SectiSection 1 1; thence east beginning at the northwest on o ' a distance of 1235. along the north f the Burlington 00 feet to the southerly line of said right 280, 58,, 00 q Northern Railroad; thence y right-of-way 74.30 feet along said southerlyr- deflecting to the" Of 718 ' thence deflecting to the rightoo� way, a distance of 03 feet; thence deflectin right 62 west line o q to the 061,00" a distance f said Section right, corner of said Section 1' 754.pp q tO a Point on the 1; thence feet south of the northwest except that part of said north to the the center Northwest Point of beginning; line of County Road Quarter lying northwesterly of 19. Said Temporary Perpetual Construction Easement lying 60 feet P described ement Ce Utility Purposes lying 30 on . and said followingeither side Utility q feet on either side Of the commencing at the northwest corner of Section 1; thence South 00, 21, the Northwest thence west ine of so id 09" West, assumed Quarter of said North Northwest Quarter, bearing, along the 89, 25', 09" East a distance of 754.00 feet; tract, a distance of along the south the center 913.62 feet to the line of above said line to be described; thencecNo t Point of beginning of Of280distance of 300. North 2 34' Of 28n 00 feet North 0, 33' 48" West 00 feet to the thence o a .00north line of said Northwest West' a distance Northeast terminating, said point being on the centerline Quarter and there thereof ' Platted in Sunrise Commercial Park °f Lachman of file and of according Avenue Wright Count record in the office of the q to the plat shortened or y� Minnesota, the side lines of County Recorder, the north lengthened to meet at g ointsaid easements and south line of angle to be the above described tract terminate on And Also a 60.00 follows: foot Perpetual Easement for the south 60.00 feet of the north 273.00 fe t_v p described Of the west 860.00 Purposes bed as North, Range feet of the Northwest feet of the east 605. q 24 West, Wright Count Of of Section 00 feet Y, Minnesota. 1, Township 120 And also a 120.00 1992 foot Temporary described as follows: y Construction Easement the east 635.00 feet the south 120.00 to expire December 31 Township and west 860.00 feet of feet of the north 303. ' p 120 North, Range 24 West the Northwest 00 feet of 30.00 feet of the south Wright Count Quarter of Section 1, oo feet of the east 635.Op 120.00 feet of the north 3�03finnesota; except feet of 00 feet P the north Of Section 1, Township the west 860.00 of the west Quarter P 120 North, Range feet of said Northwest 4 24 West, Wright Count 4uarter Y, Minnesota. FORK No. 30-K QUIT CLAIM DEED -CORPORATION OR PARTNERSHIP TO INDIVIDUAL Form No. 30-M-Quit Claim Deed Minnesota Uniform Conveyancing Blanks (1978) Corporation or Partnership to Individual No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: , 1992 (reserved for recording data) FOR VALUABLE CONSIDERATION, the City of Albertville, a municipal corporation under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Margaret Heinen, Grantee, real property in Wright County, Minnesota described as follows: SEE EXHIBIT A Together with all hereditaments and appurtances belonging thereto. Affix Deed Tax Stamp here STATE OF MINNESOTA as. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 1992, by , a of a under the laws of the State of Minnesota, Grantor. NOTARIAL STAMP OR SEAL SIGNATURE OF NOTARY PUBLIC Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMENT WAS DRAFTED BY Radzwill Law Office P.O. Box 369 705 Central Avenue East St. Michael, Minnesota 55376 EXHIBIT A A forty foot wide perpetual easement for sanitary sewer purposes with the centerline of said easement described as follows: Commencing at the North quarter corner of Section 1, Township 120, Range 24, which is the intersection of the center lines of Main Street and First Street in the Village of Albertville, Wright county, Minnesota; thence East 366 feet to the intersection of the center lines of first Street and Elm Street north of First Street, thence north 339 feet along the center line of Elm Street to the point of beginning of the easement; thence on an angle of twenty-seven degrees, twelve minutes to the right for a distance of 987 feet, more or less, to the north line of the south 60 rods of lot 9, Section 36, Township 121, Range 24. this shall be construed as a perpetual easement running with the land. t-711i.S A#rmiiritt, .11adc this...............................................clay Of ............................................................................... 19 ................ by and betIUCC71, ................... it,y-.-of Albertville, a Minnesota muncipal corporation .............................................. _........................................................................................................................................... ........................................................................_.........................part............of the fist part, Lessor,? , and ....... Kenne.th...Zimmer ....cwd........... Har.ol.d-.7dfumer............ -...... -............. _................................................... _................................. .............. parties. of the second part, Lessee s ; ii"IT.YESSET11, That the said part ............ Of the first part, in consideration of the rents and covenants hereinafter nicntioned, do-eshereby Demise, Lease anll Let unto the said part ........................... of the second part, and the said part ............... _.......... of the second part do hereby hirc and take front, the said pa7't ........................... of the first part, the follouins described preni,ises, situated, in the COIf71t7 Of Wright ................................ and State of ...........Mull:teal7ia................................ viz: __ ...... ........................................ _........ ................................................................................................._ Government Lot 10, Section 36, Township 121, Range 24, Wright County, Minnesota, except the South 520 feet therefrom, containing approximately 19 acres. A schematic drawing of the property involved in this lease is attached hereto as Exhibit "A". TO HAVE AND TO HOLD, The said premises just as they are, without any liability or obligation on the part of Bald Lessor of making any alterations. Improvements orrepairsof any tkind l on or about said premises for the term of ...................... .......OI1e....y-e-ax......................... from ...... A.P.r.1.h.... �.a...1.7..7.n.3.... t0....Ma T.C. 5...�.h.r............... 19.94., for the following purposes. to -wit: Agricultural production, said lease subject to the terms below and the special terms on the reverse side. yielding and paying therefor the rent of......:.NINE HUNDRED..IFTX..................................................................................................... Dol:ars is ... 950-00........... ). per ................................. And the said Lessee do covenant to pay the said rent Intequual YneaM+4ly payments ht—a+}vatnce, to -wit: The sum of 447..5-0.0... on..April.... 1......J993... and ... $4.75....00... on. ... S.e.p.temb.er... herrnB.the —T..--awl 8-P and that said Lessee S will keep and maintain the said premises during the aforesaid term, and quit and deliver up the said premises to the said Lessor peaceabity and quietly at the end of the aforesaid term or at any previous termination thereof for any cause, in as good order and condition and state of repair, reasonable use and wearing thereof and inevitable accidents excepted, as the same now are or may be put into by the said Lessor. Lessees further agree to give Lessor written notice thirty days before the expiration of this lease of ...... their ........... Intention to vacate at the end of this lease, otherwise Lessor will have option of continuing this lease for .......... one ................. from such expiration without notice to Lessee. The said Lessee will not make or suffer any waste thereon or thereof, and %vIII not tisslgn or uiulerlet sald premises or any part thereof without the consent of said Lessor written and signed on the back of this lease,. Said Lessee also agree to replace all glass broken on said premises during said term, and pay for all the city water used thereon during the same time. and not to use said premises nor any part thereof for any purpose called extra hazardous by Insurance companies. And If said monthly payments or either of them. whether the same he demanded or not, are not paid when the), become due: or if said leased premises shall be appropriated to or used for any other purpose or use than is herelnbefore specified; or if any liquor• gambling or any other immoral practices are allowed on said premises, or any damage or waste shall be made thereon: or if any part of said premises shall be underlet or this lease be assigned without the consent of said Lessor on the back of this lease as above specified; or if any term, condition or covenant of this lease on the part of the said Lessee to be by said Lessees kept or performed, shall be violated or neglected, then and in either of said cases the said Lessee do hereby authorize and fully empower said Lessor or ......... Its ...... agent to cancel and annul this lease at once, and to re-enter and take possession of said premises Immediately, and by force, if necessary, without any previous notice of Intention to re-enter: and remove all persons and their property therefrom, and to use such force and assistance in effecting and perfecting such removal as said Lessor mat- deem advisable to recover at once full and exclusive puss yylE1n of all said demised premises, whether in possession of'said Lessee or of third person or vacant: or said Lessor or..:Tt.1g agent may at....... ............option at any time after such default or violation of condition or covenant• re-enter and take possession of said pr�mises, without such re-entering working a forfeiture of the rents to be paid and the covenants to be kept bysaid Lessee for the full term of this lease............................................................................................................................................................. AND IT IS 'MUTUALLY AGREED. That all the covenants, terms and conditions of this lease shall extend, apply to and firmly bind the heirs• executors. administrators and assigns of the respective parties hereto as fully as the respective parties are themselves bound. IN TESTIMONY WHEREOF, Both parties have hereunto set their hands and seals the day and year first above written. Sianed, Sealed and Delivered in Presence of 1...................... ............ ............................................. ......... ................. (Sl AI.) /................................................................................................. ....(S1::\1.) t ................................................................................................................................... t si:Al� PLANNING & ZONING COMMISSION DECEMBER 8, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning, Howard Larson, Roger .Johnson, and Secretary Ann Culley. ABSENT: Donatus Vetsch Chairman Haller called the meeting to order at 7:05 PM. Haller made a motion to ammend the agenda to include: 1. Scheduling of public hearing for Shoreland Management Ordinance. 2. Dennis Fehn's request for sewer lead on Barthel Industrial Drive. 3. Planning Commission Application from Scott Johnson. The motion was seconded by Roger Johnson. All voted aye. Berning made a motion to approve the agenda as amended. Larson seconded the motion. All voted aye. Larson made a motion to approve the minutes of the November 24, 1992, as submitted. The motion was seconded by Berning. All voted aye. Fehn was not present to discuss his request for the sewer service lead to his property, but Thore Meyer informed the Commission that although Fehn has sewer to his property from the cul de sac and has been assessed for it, Fehn is requesting that he be allowed to install a service lead from the existing sewer line on Barthel Industrial Drive up to his property. All fees involved with the cost of installing the service lead will be paid by Fehn. Meyer further informed the Commission that at such time as the sewer is extended further along Barthel Industrial Drive, Fehn will be assessed. Berning made a motion to recommend that the City Council approve Fehn's request for a service lead along Barthel Industrial Drive, all expenses involved in said service lead to be paid by Fehn, and that Fehn must not infringe upon lots 7 & 8. Johnson seconded the motion. All voted aye. Johnson made a motion to schedule a public hearing with regard to the proposed Shoreland Management Ordinance on January 12, 1993, at 7:00 PM. The motion was seconded by Berning. All voted aye. The Commission discussed the Fire Hydrant Ordinance amendment and directed Ann to change 10' radius to 5' radius and to have the revised copy ready for the public hearing to be held on December 22, 1992. PLANNING COMMISSION - 12/8/92 Page 2 Larson made a motion to close receipt of Planning Commission Applications effective December 9, 1992. Berning seconded the motion. All voted aye. The Commission will review the three applications they have received and make their recommendation to the City Council at their meeting on December 22, 1992. All Commission members present stated that they have reviewed the Report of the Attorney General's Working .Group on the Regulation of Sexually Oriented Business and have made definite findings of fact. The Commission directed Culley to type their findings of fact as stated in this meeting and to attach said findings of fact as a permanent record to be included with the minutes of this meeting. The Commission will review the Findings of Fact at their next meeting. The Commission will also review the proposed Ordinance at that time. The Commission is also aware that licensing of adult uses will have to be addressed. Larson made a motion to adjourn the meeting. The motion was seconded by Berning. All voted aye. Ann Culley, Secretary FINDINGS OF FACT WHEREAS, the Albertville Planning Commission has reviewed and considered all the material and unsworn testimony presented before it in connection with the regulation of sexually oriented businesses within the City and has passed a resolution documenting their findings that regulations are required for the City of Albertville for the protection of health, safety, and general welfare of the community from the secondary impacts of adult uses. WHEREAS, the Planning Commission has reviewed.and studied the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Business", dated .June 5, 1989, referred to hereafter as the "Report". WHEREAS, the Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. WHEREAS, the Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values". In addition, the Attorney General's Work Group"...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property". WHEREAS, the Planning Commission has concluded that the City of Albertville is currently without an adequate ordinance regulating the location of sexually oriented businesses within the City. WHEREAS, based upon the legal background referenced herein, the Albertville Planning Commission hereby makes the following Findings of Fact in connection with the regulation of sexually oriented businesses within the City: 1. The Report concludes that sexually oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses. 2. The Report concludes that residential neighborhoods located within close proximity to adult theaters, book stores, and other sexually oriented businesses experience increased crime rates (sex -related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. FINDINGS OF FACT PAGE 2 3. The Report concludes the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented businesses increases. 4. The Report concludes that studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 5. The Report concludes that the Phoenix, Arizona study confirmed that the sex crime rate was on the average 599 percent higher in areas with sexually oriented businesses. The Planning Commission concludes that increased police protection will be needed. 5. The Report concludes that many members of the public perceive areas within which sexually oriented businesses are located as less safe than other areas which do not have such uses. 7. The Report concludes that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses. S. The Report concludes that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult book store would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 9. The Planning Commission finds the characteristics of Albertville are similar to those of the cities cited by the Reports when considering the effects of sexually oriented businesses and that the findings concerning the effects of sexually oriented businesses in other cities documented in the Reports are relevant to Albertville"s circumstances. FINDINGS OF FACT PAGE 3 10. The Planning Commission finds, based upon the Report and the studies cited therein, that sexually oriented businesses will have adverse secondary effects upon certain pre-existing land uses within the City of Albertville and that in reliance on the data and conclusions made by the studies documented in the Report, it is not necessary for Albertville to conduct its own independent study concerning the effects of sexually oriented businesses locating within the City. 11. Pursuant to the United States Supreme Court case of City of Renton v. Playtime Theaters Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total prohibition against sexually oriented businesses would be unconstitutional. 12. The Planning Commission finds that, based on the Report, the location of sexually oriented businesses within the City of Albertville will have a detrimental effect on the City by unnecessarily lowering property values within the City if said establishments were located in inappropriate areas. 13. The Planning Commission finds that, Based on the Report, there will be increased crime within the City from inadequate regulations of sexually oriented businesses locating and operating within the City. 14. The Planning Commission finds that content -neutral time, Place and manner restrictions that regulate the zoning and licensing of sexually oriented businesses are necessary in the City of Albertville to minimize the adverse secondary effects which will accompany the location and operation of said businesses within the city but that said regulations should be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriented businesses within the City while minimizing the secondary adverse effects. RECOMMENDATION THEREFORE, BE IT RESOLVED that the Planning Commission hereby determines the need to establish the Adult Use Section of the Albertville Zoning Ordinance as it will serve the City's needs by minimizing the adverse secondary effects of sexually oriented businesses while providing said businesses a reasonable opportunity to locate and operate within the City and recommends that the City Council make a similar determination. FINDINGS OF FACT PAGE 4 Adopted by the Planning Commission of the City of Albertville, Wright County, Minnesota this day of , 1992. CITY OF ALBERTVILLE TOM HALLER, Chairman DONATUS VETSCH, Commissioner LE ROY BERNING, Commissioner HOWARD LARSON, Commissioner ROGER JOHNSON, Commissioner ANN CULLEY, Secretary CITY OF ALBERTVILLE FINANCIAL STATEMENT December 3 - December 16, 1992 Beginning Cash Balance December 3, 1992 INCOME (Dec. 3 - Dec. 16) Bond Overpayment 88,468.75 Building Permits 105.38 Interest 389.30 Loan Payment/Fraser Steel 585.27 SAC Charges 775.00 Sewer License 45.00 Sewer Penalties 60.93 Sewer Receipts 452.71 Special Assessments 43,500.00 Storm Water Receipts 38.60 TOTAL INCOME EXPENSES (Dec. 3 - Dec. 16) PAYROLL 11/19 - 12/2 Check # 6950 - Ann 492.17 Check # 6951 - Linda 818.59 Check # 6952 - Ken 747.70 Check # 6953 - PERA 329.93 Check # 6954 - Mike 578.59 Check # 6955 - Fed. 952.66 Check Vs 6956-7022 (Approved 12/7/92) 44,633.67 PAYROLL 12/2 - 12/15 Check # 7023 - Ann 605.30 Check # 7024 - Linda 818.59 Check # 7025 - Ken 945.06 Check # 7026 - PERA 403.85 Check # 7027 - Mike 835.95 Check # 7028 - Fed. 1,329.94 TOTAL EXPENSES Ending Cash Balance December 16, 1992 134,420.94 54,492.00 $638,963.81 $719,892.75 INVESTMENTS: CD #8579 - matures 12/29/92 @ 4.5t CD #8816 - matures 1/9/93 @ 3.25% CD #8823 - matures 1/18/93 @ 3.25% CD #8222 (Lions) - matures 1/18/93 @ 2.82% CD #8807 - matures 3/3/93 @ 3.5t TOTAL INVESTMENTS $153,739.73 556,369.91 556,369.91 30,598.38 350,000.00 $1,647,077.93 CITY OF ALBERTVILLE BILLS TO BE PAID DECEMBER 21, 1992 Check No. Vendor Reason Amount, 7029 AT&T Nov -Feb Srvc. 69.84 7030 Auto Garage Door Co. Pk. Shelter 344.90 7031 Bergstrom"s Lawn Roller -streets 5.33 7032 Braun Intertec Sewer Evaluation 1,975.00 7033 Business Radio Licensing F.D. License 85.00 7034 Campbell, Joe F.D. Mileage 57.50 7035 Chouinard Office Prod. Council nameplates 43.34 7036 Crow River Farm Equip. F.D. Equip Repair 60.44 7037 Crow River News Publications 362.07 7038 DJ`s Total Home Care Pk Shelter -furnace 2,675.00 7039 Davies Water Equip. Sewer-Bkflow Prvntr 492.16 7040 Evergreen Recycling Nov. Recycling 467.50 7041 First Trust GO Bond 1988 Fees 982.75 7042 Fraser Steel Nov. Stlmt. TIF 17,610.43 7043 Front Line Plus Fire Line Tape 29.82 7044 Gary Barthel Constr. Park Shelter 5,045.35 7045 Gopher State Locates 2.50 7046 Hackenmueller`s CH supplies 106.59 Sts-gas 33.67 140.26 7047 Health One Transp. Srvc. FD-continuing ed. 100.00 7048 Houghton, Linda Mileage 7.25 7049 Long Haul Trucking Plow Trk-strtn wheels 22.00 7050 Long Lake Tractor Loader -lug nuts 12.25 7051 Med Centers Empl. Health Ins. 990.40 7052 Meyer-Rohlin Nov. fees 1,965.25 7053 MN Fire Chiefs Assoc. Dues 65.00 7054 New Brighton Lumber Pk. Shelter 1,564.22 7055 Olson & Sons Elec. Pk. Shelter 3,875.02 7056 P.C. Taylors Service Computer 69.00 7057 P.E.R.A. Life Ins. Linda & Ann 1 24.00 7058 Pats 66 F.D. Supp. 5.53 Sts-gas 39.89 Pk -gas 9.88 Sewer -gas 9.88 65.18 7059 Pepsi Cola Co. Rent 10.65 7060 Redstone Const. Pmt #4-1991-1 Imp 28,476.50 7061 Security State Bank Petty Cash 50.23 7062 St. Cloud Tech College EMT Training-FD 234.00 7063 Sunrise Plumbing Pk. Shelter 4,376.10 7064 Twin City Hardware Pk. Shelter 693.14 7065 Veit & Co. Custom Canopy 874. Strickler 481. Westwind 2,738. 4,093.00 7066 Vetsch, Dave Asst Chief Wage 300.00 7067 Wacker, Rick Chief Wage 600.00 7068 Weber Oil Co. F.D. 97.98 7069 Wright County Treas. Truth in Tax Suppl. 80.28 TOTAL 78,220.64 CITY OF &k:n '/ BUILDING PERMIT t. DATE 2. SITE ADDRESS '�' / zz'�_ 3. LEGAL DESCRIPTION PROPERTY I.D. NO. 2 SECTION / LOT BLOCK ADDITION PLAT NUMBER 4. OWNER (Name) /1 / .-%, 5. ARCHITECT IName) 0 33-p%LC)'1j - io/-o_ .3- o5;-016 PARCEL NUMBE49 (Address) )Tel. No.) (Address) (Tel. No.) 6. BUILDER (Name) (Address) (Tel. No.) 7. TYPE OF WORK Fireplace ❑ Septic ❑ Heating ❑ Plumbing ❑ Reroofing ❑ New Constriction ❑ Alterations ❑ Addition ❑ Finish Basement ❑ Porch ❑ Garage ❑ Chimney ❑ S. SIZE OF STRUCTURE 9. NO. OF STORIES (Height) (Width) (Depth) 11. COMPLETION DATE 112. PROPERTY DIMENSION Width Depth Finish Attic ❑ Residing ❑ Permit No. Date (;I_ -t� 1a- FEES PERMIT FEE_ PLAN CHECK FEE PENALTY FEE DRIVEWAY PERMIT FEE_. ENGINEERING FEES SITE FEE _ CULVERT S PLUMBING FEE SEPTIC FEE WATER FEE WATER METER FEE SEWER FEE MECHANICAL FEE SURCHARGE FEE OTHERS O CODE ANALYSIS TYPE OF CONST. USE OF BLDG. OCCUPANCY GROUP OCCUPANCY LOAD I ZONING DISTRICT Mi... Ait� VARIANCE GRANTED, DATE 10. ESTIMATED VALUE OFF STREET PARKING SPACES RED. 13. NO. OF FAMILIES (if applicable) 14. PROPOSE D'ELEVAT[ON IN 15. PROPERTY AREA OR ACRES 16. CULVERT SIZE RELATION TO CURB OR WATERWAY. ELEV. Sq. Ft. Yes No 17. FRONT YARD set back 18. REAR YARD set back 19. SIDE YARDS set back from road property FL Ft. Right So. 20. FLOOR AREA APPORTIONM,2ENT US/E AREA AGGREGATE FLOOR AREA SPECIAL CONDITIONS SPACES ON PLAN MATERIAL FILED W/APPLICATION SOILS REPORT ❑ 80rings ❑ Percolation ❑ Comoactlon tests Left So. PLANS AND SPECS. ❑ Sets SURVEY ❑ Copies ENERGY CALCULATIONS ❑ Sq. Ft. PILING LOGS ❑ FIRE SPRINKLERS REQUIRED Sq. Ft. Sq. Ft. ❑ YES ❑ NO SPECIAL APPROVALS 70N1 NG Sq. Ft. FIRE DEPT. HEALTH DEPT. ACKNOWLEDGMENT AND SIGNATURE: PUBLIC WORKS The undersigned here agrees that, in case such COUNTY g by ag permit is granted, that all work which shall be done and all materials which shall be used shall comply with the rHER �- plans and specifications thfor htfrpwith submitted and with all the ordinances CERTIFICATE OF OCCUPANCY ISSUED of said City n l u.1 applicable thereto. DATE BY A UR OF APPLICANT APPIROV BY ��a��_ ALSERTVILLE FIRE DEPARTMENT Service Sectlons 1992 NET TAX CAPACITIES CITY OF OTSEGO 10-121-24 24-121-24 11-121-24 25-121-24 14-121-24 26-121-24 15-121-24 27-121-24 22-121-24 34-121-24 23-121-24 35-121-24 36-121-24 TOTAL NET TAX CAPACITY 333,268 29-121-23 30-121-23 31-121-23 32-121-23 33-121-23 TOTAL NET TAX CAPACITY 73,009 FRANKFORT TOWNSHIP ZCTIONS - INCLUDES ALL PLATS 2-1 20-24 4-120-23 5-120-23 6-120-23 SAL NET TAX CAPACITY CITY OF ALBERTVILLE 'AL NFT TAX CAPACITY 10-9-92 169,927 841,440 FIRE PROTECTION AGREEMENT This agreement made and entered into by and between the City of Albertville ("City"), a municipal corporation of the County of Wright in the State of Minnesota and the Town of Frankfort ("Town"), in the County of Wright in the State of Minnesota. WHEREAS, the Town desires the services of the fire department of the City in case of fires occurring in the Town as well as the emergency medical services of the City in case of a medical emergency, and WHEREAS, the City maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in the Town, and THEREFORE, it is agreed by and between said parties as follows: 1. The City, through its fire department, shall provide fire protection and emergency medical response services to those properties in Frankfort Township lying within the areas outlined in red on the attached map. Such fire protection and emergency medical response services shall be provided from January 1, 1993, through December 31, 1993. 2. The Township shall agree to pay the City $10,837.00 in exchange for the provision of fire protection and emergency medical response services as described above from January 1, 1993, through December 31, 1993. Payment of 50% of the fire contract amount ($5,418.50) shall be made to the City of Albertville on or before June 30, 1993, and and the balance of the contract amount ($5,418.50) shall be made to the City of Albertville on or before December 31, 1993. 3. The City's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the city to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and number of volunteer firemen, or both, are committed at the time of the fire 1 call, in the sole judgement of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre- existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from the Town, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City for refusal to answer such call. A pre-existing fire/medical emergency for the purposes of this agreement shall be a fire/medical emergency to which the Fire Department of the City is called previous to receiving the call from the Town and which fire is still being fought or medical emergency is still being attended to by the City Fire Department at the time the call from the Town is received. C. In the event a fire call by the Town is answered by the City, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both are needed to fight a fire in the City or protect property in the City from a fire, the Chief or his deputy without liability therefore to any person or to the Town under this agreement, may in their judgement recall the fire equipment and firemen to the City for the purpose of fighting the fire in the City. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that the City may enter into similar contracts with other municipalities, and acknowledge that the City has entered into mutual aid contracts with other Fire Departments in other municipalities, and that a fire call under any such contract preceding a call in the Town could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in the Town. 5. Because the City has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in the Town, the Town agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in the Town and are in fact called to such fire by the Chief or his Deputy. K IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 1993. CITY OF ALBERTVILLE By Mayor Attest: City Clerk TOWN OF FRANKFORT By Chairman Attest: Town Clerk 3 r ' This EASEMENT GRANT is made between Earl Bauman and ' 6-� Bauman, husband and wife, (hereinafter referred to as "the Grantor") and the Hanover, Frankfort, St.Michael & Albertville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity (hereinafter referred to as "the Grantee"). The following recitals of fact are a material part of this instrument: A. The Grantor is the owner of a tract of land described as follows and hereafter referred to as the "Parcel", to wit: See Exhibit A attached hereto. XJ11A � B. The Grantor wishes to grant and the Grantee wishes to receive d permanent easement for street, d purposes over, under, across and within those parts of the Parcel described as follows, to wit: See Exhibit B attached hereto, (hereinafter referred to as the "Easement Premises"). Now, therefore, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF EASEMENT. The Grantor, hereby grants to the Grantee, its successors and assigns, a permanent easement for street, A.r p4A-over, under, across and within the Easement Premises. 2• EASEMENT. The install g or maintenance by the antee of streets, p pe under upon, over or wi hin the perma ement premises is permissible. 3. WARRANTIES OF TITLE. Grantor warrants that they have good and indefeasible fee simple title to the easement premises. 4. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and enure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hands this I _ day of �%t �� &� , 1992. G WDA.TAQT•POWERTASE-MFifi.DUN l�- Ea ,B uman Bauman THE HANOVER, FRANKFORT, ST. MICHAEL, It ALBERTVILLE WATER & SANITARY SEWER BOARD Chairman APPROVED BY: CITY OF HANOVER BY: Z-,7 Mayor Clerk TOWNSHIP OF FRANKFORT y BY: iJ- - r_z.�_ Chairman i Jerk CITY OF ST. MICHAEL BY: Mayor Clerk Date: Date: CITY OF ALBERTVILLE BY: Mayor Date: Clerk STATE OF MINNESOTA) ) as. COUNTY OF HENNEPIN) The forego g instrument was acknowledged before me this day of _='�1rur,- , 1992, by Earl Bauman and I'_``L Bauman, husband and wife. SHIRLEY M BARTHEL NOTARY PUBLI.-MJNNE50TA WRIGHT COUNTY +�MMY COMM. EXP. 03/1 W98 STATE OF ) s>a . COUNTY OF ) Notary Publi The foregoing instrument was acknowledged 1,efore me this.Q-& day of �%%oti , 1992, by Chairman, of the Hanover, Frankfort, St. Michael & Albertville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, on behalf of said joint powers entity. DRAFTED BY: HOFF & ALLEN Suite 1250 300 Prairie Center Drive Eden Prairie, MN 55344-5381 (612) 941-9220 J � Notary Public 3 a carts 'n z9ia NUtA 3Y aUiLIC—MINNkS016 W.i1GHT COUNTY M� :or"mission -2xmres8-16.93 HOFF & ALLEN. P.A. 612 941 9220 P.05 CONSENT , which has a on the Parcel described in the foregoing Easement, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Parcel in which it has said interest. Dated this day of , 1992. By: Its: Its: STATE OF ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 19 , by the of a corporation, on behalf of the corporation. Notary Public 4 1► JJ ' Z O 0 JJ F-- 30 0 Jl n JJ ------------ - ---------------- ---- - - - - -- �= 2 : $I .° el,t 2 o 0: 2 99.14'00-W ZQ 00 W sgJO U _; r-- - ------------ 12s.00 "; - - -- � �zz.00 °� pj o � O :0 q 3 °� V 3 0. a O W e w e e Ne9-a4_ob"w _� _ N a�_z4•oo-w --__--�23.00-------i __-__ 123.00-----.- NORTH L:NE OF THE; (SOUTH 160.0° FEk. I 4 ' A OF -NE NOR �� TH .00 ACRE�THH. OF �� • A 9RNG. r. • �_ C N86.2 5'44'E * v� a THE S'M, I/t OF THE NW !/a OF e' :mCN,128.23 - A m^ ; --------• a,175.00•� 3Er'TION 12 4 R , 881.47- 4 p• 3'20'32-50 I .•R, 223.00 z3 00 - •Ise.o�• •179sr- . o .N89-z4'00-W- Z TERRACEROAD. i 38.37 •50.77• $3.90 1 o � I 1 � - •I T0.23- N 59'24.00�.t• \-SOUTH LINE OF THE NORTH I5.00 ACRES OF T..E SW Zia OF THE Nw. 1/4 OF SECTION 12 .SOUTHWEST CORNER OF THE SW. 1/4 OF THE NW 1/4 OF SECTION 12, T 120 R. 2a W. ( WRIGHT COUNTT MONUMENT DESICNED CHECKED GRAM F' K DATE IO S '-, BOCK PAGE SEC, i 2 T•L R• Z4- JOB NO, '745- oo(o- 53 EASEMENT PARCEL 1 +"Awma ' Maier Stewart & Associates Inc. � }"""'••z °' 2 ter` h� ;q p,82-a9.09- _ R•20.00 r• _- 90.00 N89 Z4'00'W W -S 6.3B7i�E -80.00- NB9Z4'00 W So. oo' oO� sue, �(2 1'18.9Z —\\ EXHIBIT �a R .s 7'-R62-:r, z/r-Iz iry 4L,,Y.�iyl5iv 7' f-IAAIO V,,,:7,e� �•RgN6C�D2-r� s -r' /v'7 1 e.;4 i 141- gerVilL,5- j w/471Ei2 l :S RA117 / SE2 wE�doA 2n EXHIBIT A (Legal Description of Bauman Property) That part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 120, Range 24, Wright County, Minnesota described as follows: Beginning at the Southwest corner of said North 15 acres of the Southwest Quarter of the Northwest Quarter; thence East 778 feet; thence at a right angle North 165 feet; thence at a right angle, West 778 feet; thence at a right angle 165 feet South to the point of beginning. Except that part platted as Terrace Hills and Terrace Hills Second Addition, according to said plats on file and of record in the office of the County Recorder, Wright County, Minnesota. 006-0506.«c EXHIBIT B (Legal Description of Easement Premises) A strip of land 33.00 feet in width, over that part of the Southwest Quarter of the Northwest Quarter of Section 12, township 120, Range 24, Wright County, Minnesota, the centerline of which is described as follows: Commencing at the Southwest corner of Lot 3, Block 3, Terrace Bills Second Addition, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota; thence South 06 degrees 58 minutes 11 seconds East, on an assumed bearing along the Easterly right away line of Terrace Place as dedicated in said plat, a distance of 50.00 feet to the beginning of said centerline to be hereinafter described; thence South 43 degrees 43 minutes 06 seconds East a distance of 184.94 feet to the intersection with the South line of the North 15.00 acres of said Southwest Quarter of the Northwest Quarter and there terminating. Said strip of land is to extend by its full width from the Southerly line of Terrace Road, as dedicated in said plat and said Easterly line of Terrace Place to said South line of the North 15 acres of the Southwest Quarter of the Northwest Quarter. 006-0506.«c