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1993-06-07 CC Agenda/Packet
• ALBERTVILLE CITY COUNCIL AGENDA June 7, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * May 17, 1993 V. APPROVAL OF THE MINUTES * May 17, 1993 - Regular Meeting * May 27, 1993 - Joint Meeting re: Comp Plan * May 27, 1993 - Special Meeting VI. COMMUNITY FORUM - Jerry Corbin - Elimination of curb cut - Dennis Fehn - Elimination of curb cut - Mary Ann & Gary Barthel - Lateral level of pipe • VII. DEPARTMENT BUSINESS A. MAINTENANCE - Approve low bid from Century Fence for replace- ment of outfield fence in City Park - Project Updates B. ENGINEERING - Project Updates C. LEGAL - Proposed Sewer Ordinance - Psyk Developer's Agreement Birkeland Complaint - Request for street & utility improvements in Hardwood Ponds 2nd Addition under 429 Statute - Request for street & utility improvements in Parkside (formerly Westwind 4th) under 429 Statute - Project Updates D. PLANNING COMMISSION - Recommendation to approve DJ's Total Home Care's application for variance per minutes of May 25, 1993, meeting • - Recommendation to approve City of Albertville's application for variance per minutes of May 25, 1993, meeting • - Recommendation to approve Ordinance #1993-8 entitled, AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT" per minutes of May 25, 1993, meeting Recommendation to approve School Street Develop - Development's application for variance per minutes of May 25, 1993, meeting Recommendation that Council appoint Albert Barthel as Commission spokesman when putting together 1994 budget per minutes of May 25, 1993 meeting E. ADMINISTRATION * Financial Statement (May 14 - June 2) * Approve bills (Check #7502 - #7559) - Appoint Fire Committee Members - Official Legal Newspaper - Ordinance re: Smoke free City owned buildings and vehicles - Security Bank request for public hearing to vacate 60th Street - Consider City purchase of vacant clinic building - Schedule Joint meeting of Maintenance Dept. and Park Board * Approve Albertville Lions application for Charitable Gambling License - Discussion regarding establishment of HRA - Wright County Funding Participation and Construction Agreement IX. OTHER BUSINESS X. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES June 8, 1993 Planning Commission - Regular Meeting June 17, 1993 Park Board - Regular Meeting June 21, 1993 City Council - Regular Meeting June 22, 1993 Planning Commission - Regular Meeting r� U ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS June 7, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - May 17, 1993, Meeting - Minutes of May 17, 1993 - Regular Meeting - Minutes of May 27, 1993 - Joint Meeting - Minutes of May 27, 1993 - Special Meeting - Financial Statement (May 14 - June 2) - Approve bills (Check #7502 - #7559) - Approve Lions Application for Charitable Gambling License n ALBERTVILLE CITY COUNCIL June 7, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter (8:35 PM), Councilmembers Duane Berning, John Vetsch, and Albert Barthel, City Clerk Linda Houghton, City Engineer Norm Gartner, City Attorney Mike Couri (8:30 PM) Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: (1) Void Check #7504 and add Check #7560 payable to Barthel Masonry in the amount of $2,250.00 (2) Discussion of Burlington Northern/Savitski property drainage problem under the Engineering Department (3) Discuss resolution to be addressed by the City of Otsego regarding a multi -community sewer plan Barthel made a motion to approve the agenda as amended. Vetsch made a motion to approve the Follow -Up Sheet from the May 17, 1993, meeting. Berning seconded the motion. All vote aye. The minutes of the May 17, 1993, meeting were amended on Page 6 Paragraph 2, by adding the following: Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 17, 1993, regular meeting as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 27, 1993, joint meeting on the Comp Plan. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 27, 1993, special meeting as amended. Berning seconded the motion. All voted aye. Dennis Fehn addressed the Council regarding his desire to maintain two driveway accesses onto 50th Street. Fehn explained that his driveway is horseshoe shaped for safety reasons. In checking the Zoning Ordinance, Linda discovered that residential properties are allowed only one driveway access and Fehn's property is zoned industrial, chich allows one driveway access for every 125 feet ofproperty, provided that there is a distance of 40 feet between the driveways. Fehn also stated he would like to retain the driveway access on his property onto Barthel Industrial Drive. Jerry Corbin also requested that he be allowed to retain his driveway access on 50th Street. He stated that he had bought the property as is and he uses the driveway off 50th Street to access ALBERTVILLE CITY COUNCIL June 7, 1993 Page 2 of 7 the existing building on his property. Corbin agreed to attend the Planning Commission meeting scheduled for tomorrow night to discuss a possible conditional use permit. Barthel made a motion to send both Fehn's and Corbin's driveway concerns to the Planning Commission. Vetsch seconded the motion. All voted aye. Mary Ann Barthel and Ray Vetsch addressed the Council in regards to the sewer main replacement on 60th Street. Barthel is concerned that the main in front of her property is not being replaced and she is worried that she may experience sewer backups at some point in the future. The Council viewed the video tape of the sewer main section being discussed. Norm Gartner explained that hydraulic capacity of the main as well as the condition of the pipe were the criteria used to determine which sections of main would be replaced. The section of 60th Street being discussed did not meet the criteria established for replacement. To replace the approximately 100 feet additional pipe would cost somewhere in the $4,000-$5,000 range. Barthel made a motion directing the engineer to issue a change order to extend the sewer main on 60th Street from Main Avenue to the second manhole on 60th Street. Norm will provide actual cost figures. Vetsch seconded the motion. All voted aye. Ken Lindsay reviewed the quotations for the replacement of the outfield fence at City Park. Century Fence's quote for $2,800 to replace the fence and install a new 10' gate on the north side was the cheapest. Mary Vetsch, Park Board Chairman explained that the Park Board had reviewed the quotes and had recommended that the Council accept Century Fence's quote. However, he was unaware that the quote included the new 10' gate. He was unsure if the other Park Board members were aware of the new gate. Barthel made a motion to accept the quote from Century Fence to replace the outfield fence at City Park and to remove the 8' gate and relocate a new 10' gate. Berning seconded the motion. All voted aye. Ken reported that the second discharge from the ponds has been completed and the next transfer is already in progress. Ken asked for Council directive as to what to do with the parking lot at City Park. There are areas where the parking lot is so wet and soft that major corrective measures are necessary. Ken reported that he had spoken with Dennis Fehn about what corrections should be made and Fehn suggested the only solution would be to dig out the areas up to two feet deep and fill back in with gravel but it would be very costly. The Council agreed to wait until Mayor Potter was in attendance before reaching a decision. ALBERTVILLE CITY COUNCIL June 7, 1993 Page 3 of 7 Ken also reported that if the City continues to operate a composting site it must be licensed by the MPCA. At this time Ken has discontinued all composting. City Engineer Norm Gartner reported that the grading on 50th Street is mostly complete. A few more days are necessary to complete the utility work. Depending upon the weather, the sub- base may be started. Norm also reported that Widmer, Inc. has begun the sewer replacement project. Mayor Potter arrived at the meeting at 8:35 PM and conducted the remaining portion of the meeting. Norm reviewed the specs for rebidding the wastewater treatment plant. He pointed out that if the old storage garage building was removed, the culvert and the retaining wall to control drainage would not be necessary. The City would save approximately $5,000 in expenses. Mayor Potter will meet with Ken and Linda to determine if the City could find sufficient space to store the items presently stored in this building. Gartner explained that the revised plans and specs for the wastewater treatment facility call for alternate bids on the clarifier with an aluminum dome, with a fiberglass dome, and with no dome. Norm was also directed to set up an alternate bid request for the UV disinfecting system just recently available. This UV system is basically the same technology as the original system bid but it does not have all the electronic alarms and gadgetry and is consequently cheaper. The report from the 106 Group has been received and it finds there is very little probability of the wastewater treatment facility being the site of Indian burial grounds. Gartner detailed the options to correct the storm sewer at the corner of Large Avenue to prevent future freeze ups. Mayor Potter and Ken will visually inspect the site and determine the best option to pursue. Linda was directed to notify the service organizations who have placed signs at the corner of 60th Street and Large Avenue that the signs will be removed during the sewer replacement project and will be relocated after completion of the project in compliance with City ordinances. Councilman Berning explained that he had gone to check on the drainage at the Burlington Northern/ Savitski area and had found that there is a dam blocking the ditch and causing water to back ALBERTVILLE CITY COUNCIL June 7, 1993 Page 4 of 7 up. The Council directed Thore to go to the site and report back to the Council on the corrective measures to be taken. Dave Heifort explained that he owns the corner lot on 52nd Street and Main Avenue. He had been assured that after the sidewalk was installed his lot would be graded to his satisfaction to the sidewalk. He stated that the contractor had come back to finish the grading, but he was not satisfied with the finished product. Since he had contracted with a landscaper to sod his lawn, Tim Barthel , a neighbor, graded the lot down to an acceptable level as a favor to Heifort. Heifort's landscaper told him that the grading done would cost approximately $400. Linda was directed to check with the engineering inspector on the project as to why Heifort's lot was not graded to his satisfaction. Linda will notify Heifort of her findings. The Council reviewed the proposed septic system ordinance (ordinance #1993-7). Because the building inspector had not reviewed the proposed ordinance and he will be the one to enforce the ordinance, Berning made a motion to table discussion on the ordinance until the special meeting on May 15. Vetsch seconded the motion. All voted aye. Barthel made a motion to enter into a Developer's Agreement with Douglas and Beatrice Psyk for Psyk's Fifth Addition as presented. Vetsch seconded the motion. All voted aye. City Attorney Mike Couri advised the Council that a complaint had been filed against the City by Steve Birkeland. Couri has contacted the League of Minnesota Cities and an attorney has been assigned to the case. The Council has received a request from Braun Development, Inc. for municipal improvements in the Hardwood Ponds 2nd Addition project. Vetsch made a motion to adopt RESOLUTION #1993-11 directing the City Engineer, upon the City's receipt of the signed Petition for Municipal Improvements and Agreement To Be Assessed from the developer, to prepare a feasibility study on municipal improvements for Hardwood Ponds 2nd Addition. Berning seconded the motion. All voted aye. The Council has received a request from Kenco Construction, Inc., Inc. for municipal improvements in the Parkside Addition project. Barthel made a motion to adopt RESOLUTION #1993-12 directing the City Engineer, upon the City's receipt of the signed Petition for Municipal Improvements and Agreement To Be Assessed from the developer, to prepare a feasibility study on municipal improvements for Parkside Addition. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL June 7, 1993 Page 5 of 7 Couri advised the Council that the Parksedge Developer's Agreement calls for a berm with trees to be installed. Couri indicated that trees along the berm bordering Barthel Industrial Drive may create a safety hazard. He recommended that the Council review the area and decide if the trees and the berm should be required. Couri advised the Council that until all options are explored regarding a potential purchase of the old clinic building, the Council should make no decision at this time. He also suggested that the Council may want to consider establishing an EDA (Economic Development Authority) rather than an HRA. According to Couri, the EDA has all the powers of an HRA plus additional capabilities. Attorney Couri left the meeting at 10:25 PM. Based on the Findings of Fact as presented by the Planning Commission and the recommendation that a variance be granted, Vetsch made a motion to grant DJ's Total Home Care a variance to 10-N allow curb stops to be used in place of curbing around their new parking area. Barthel seconded the motion. Vetsch, Barthel, and Potter voted aye. Berning abstained from the voting. The motion carried and the variance was approved. Based on the Findings of Fact as presented by the Planning Commission and the recommendation that a variance be granted, Barthel made a motion to grant the City of Albertville a variance to allow a crushed granite surface, rather than a bituminous surface, on the parking lot at City Park. Berning seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE #1993-8 entitled AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT" as recommended by the Planning Commission. Vetsch seconded the motion. All voted aye. Based on the Findings of Fact as presented by the Planning Commission and the recommendation that a variance be granted, Vetsch made a motion to grant a variance to allow School Street Development to construct a building higher than 35 feet. Berning seconded the motion. All voted aye. Berning made a motion to appoint Councilman Barthel as the representative from the Planning Commission for budget meetings as requested by Planning Commission. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement for the period May 14 through June 2 as presented. Berning seconded ALBERTVILLE June 7, 1993 Page 6 of 7 the motion CITY COUNCIL All voted aye. Vetsch made a motion to approve Check #'s 7502-7523 (Check #7504 voided) and Check #'s 7525-7560 as presented. Berning seconded the motion. All voted aye. Berning made a motion to approve Check #7524 after his questions had been answered. Barthel seconded the motion. All voted aye. Linda was directed to remind the maintenance department damage reports should be turned in on all equipment damage. Berning made a motion to appoint Jim Walsh and Cheryl Robertus to the Fire Building Committee. Barthel seconded the motion. All voted aye. The Council reviewed the appointment of the official newspaper after the six month trial appointment of the Wright County Journal - Press. Berning made a motion to appoint the Crow River News as the official newspaper effective July 1. Barthel seconded the motion. Berning, Barthel and Potter voted aye. Vetsch voted no. The motion carried. Barthel made a motion to adopt ORDINANCE #1993-9 entitled AN ORDINANCE AMENDING ORDINANCE NO. 1988-2 ENTITLED "AN ORDINANCE PROHIBITING SMOKING IN THE COUNCIL CHAMBERS OF CITY HALL AND PROVIDING A PENALTY FOR VIOLATION THEREOF" BY PROHIBITING SMOKING IN ALL CITY OWNED BUILDINGS AND VEHICLES. Berning seconded the motion. All voted aye. Linda explained that Paul Ederer of Security Bank Northwest has made a request for a public hearing to reconsider vacation of 60th Street. The Council agreed to set a public hearing on the vacation request for 7:00 PM on Monday, June 21. Mayor Potter reported that the City has received a letter from Health One offering to transfer the clinic building to the City for the $160,000 remaining debt on the bond. The City could use the building as a new City Hall. Linda was directed to contact the City's financial advisors to see if the City's acquisition of the building is feasible. Councilman Berning requested that Linda investigate the two letters the City has received from Marvin Vetsch concerning the problems he has encountered with the Maintenance Department in the parks and prepare a staff report for the Council. The Council will set a meeting with the maintenance department and the Park Board after the staff report has been completed. Vetsch made a motion to approve the Albertville Lions application for a charitable gambling license and to adopt W ALBERTVILLE CITY COUNCIL June 7, 1993 Page 7 of 7 RESOLUTION #1993-10 entitled RESOLUTION APPROVING CLASS B GAMBLING LICENSE FOR THE LIONS CLUB OF ALBERTVILLE. Berning seconded the motion. All voted aye. Mayor Potter reported that he has received information on the procedure to follow to establish an HRA. Potter will contact the person in St. Cloud who was instrumental in establishing that city's HRA and ask him to attend the next Council meeting to explain an HRA and EDA to the Council. The Council tabled a decision on Wright County Funding Participation and Construction Agreement until June 21st in order to have the engineer provide costs to the City. Berning made a motion to set a special meeting of the Council for the purpose of reviewing the septic ordinance for 7:00 PM on June 15 and for 7:30 PM to review the 1992 audit report. Vetsch seconded the motion. All voted aye. Brain Bebeau told the Council that the culvert by the Joint Powers Board building is below ditch level and is not allowing the water to drain. The Council directed Thore to check the area and report to the next Council meeting. Barthel made a motion to adjourn at 11:35 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor i da Houghton, Cl k CITY OF ALBERTVILLE FINANCIAL STATEMENT May 14 - June 2, 1993 Beginning Cash Balance May 14, 1993 INCOME (May 14 - June 2) Building Permits 2,376.82 Dog License 10.00 Interest Income 325.21 Park Donation (Lioness) 200.00 Recycling (1st Qtr.) 856.75 Sale of Snow Plow 1,350.00 Sewer License 45.00 Sewer Penalties 21.20 Sewer Receipts 13,128.87 Special Assessments 10,771.04 Storm Water Penalties 8.15 Storm Water Receipts 2,467.56 Title Search 100.00 Misc. Income 22.97 TOTAL INCOME EXPENSES (May 14 - June 23) Check Vs 7458-7492 (approved 5/17/93) 43,864.22 PAYROLL 5/5 - 5/18 Check # 7493 - Ann 495.83 Check # 7494 - Linda 784.58 Check # 7495 - Ken 715.45 Check # 7496 - Mike 584.78 Check # 7497 - PERA 332.53 TOTAL EXPENSES 31,683.57 46,777.39 $270,715.70 Ending Cash Balance June 2, 1993 $255,621.90 INVESTMENTS: CD #8816 - matures 7/10/93 @ 2.75% CD #8222 (Lions) - matures 7/19/93 @ 2.75% CD #8807 - matures 9/29/93 @ 3.5% CD #8925 - matures 6/2/93 @ 2.9% CD #8579 - matures 6/29/93 @ 3.05 Piper-Jaffray Investments TOTAL INVESTMENTS 564,933.25 31,034.75 356,108.22 107,514.67 157,189.40 455,324.13 $1,672,104.42 CITY OF ALBERTVILLE FOLLOW DP SHEET MAY 17, 1993 DATE ACTION TO BE _TAKEN PERSON 1993 3/15 Review Insurance Quote Coxr_il 5/17 3/15 Write change order for second lift of black- Cartrpr top for 3 blks. along 57th St. & Lander Ave. 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparent over billing. 5/17 Consider new septic ordinance. Ccajoil 5/17 Set up meeting w/Psyks & Couri to complete Linda 5/20 Developer's Agreement. 5/17 Meet w/Psyk to review plat for Psyk's 5th. Meyer 5/20 5/17 Check minutes and info available regarding Linda drainage problem on Voght property (PPM). 5/17 Contact Frankfort to addend MNDOT mtg. on Linda 5/18 5/21. 5/17 Check on possibility of sidewalk/bike path Meyer on 50th Street. 5/17 Meet with Stan Barthel to discuss Developer's Linda Agreement. 5/17 Check on timeclock for City Hall. Sharon 5/17 Prepare smoke -free ordinance. Linda 6/1 5/17 Contact Arlan Middleton re: ins. pricing. Linda 5/17 Send letters to residents re: more than one Linda 5/20 driveway. CITY OF ALBERTVILLE BILLS TO BE PAID JUNE 7, 1993 Check No. Vendor Reason Amount 7502 AT & T May -Oct Maint. 69.84 7503 Advanced Wireless Comm. F.D. Pagers 9,982.36 7504 Barthel Masonry Park Shelter 2,845.00 7505 Bizmart Ofc. Supplies 305.19 7506 Black, Scott F.U. Mileage 317.50 7507 Braun, Bob F.D. Train, Mlg. 109.00 7508 Buffalo Bituminous Partial Pmt. #1 18,166.05 7509 Campbell, Joe EMT Training 250.00 7510 Central Rivers Parks-Fertlzr,etc. 213.40 7511 Chicos, Chad 1st Respond Trng. 150.00 7512 Communication Auditors F.U. Equip. Maint. 109.12 7513 Comprehensive Med. Care F.D. Hepatitis Shots 210.00 7514 Diversified Insp. Srvcs. Bldg. Insp. Srvcs. 912.16 7515 Erickson"s Sales Shop equip. 92.92 7516 Eull Concrete Sts.-Cement 15.00 7517 Feed Rite Alum & Testing 2,856.84 7518 Hach Company Ponds -equip. 39.23 7519 Houghton, Linda Mileage 29.25 7520 J. Becher & Assoc. AFCD-Elec. Srvc. 1,495.00 7521 LaPlant Sanitation May Srvc. 115.56 7522 Lewis Insulating Park Shelter 100.00 7523 Lindsay, Ken Jr. Part-time Parks 15.00 7524 Long Lake Tractor Loader repair 711.11 7525 MedCenters Health Ins. 1,122.40 7526 Meiney's Diggers 7527 Meyer-Rohlin 7528 Minnegasco 7529 MN Dept. of Revenue 7530 Monticello -Big Lake Hosp. 7531 NSP 7532 Northern 7533 PERA Life Ins. 7534 PERA 7535 Pepsi Cola Co. 7536 Persian Bus. Equip. 7537 Pitney Bowes 7538 Quality Flow Syst. 7539 Radzwill Law Office 7540 Roden, Ken 7541 San -Tom Enterprises 7542 Security Bank NW 7543 Springsted 7544 St. Michael Floral 7545 St. Michael Laundry 7546 United Telephone 7547 Vetsch Custom Cabinets 7548 Vetsch, John 7549 Watson Appraisal Tile replcmt-Becker 1,113.50 May 5,628.50 5801 Lander 17.95 City Hall 47.71 65.66 Apr/May Income Tax 892.85 1st Resp. Refresher 27.00 St. Lights 1,918.48 6002 Main 7.68 C.H. 120.52 Lift Sta. 51.72 Ballfield 98.58 2,196.98 Park repairs 51.44 Linda & Ann 24.00 PR end 6/1 344.24 Period 6 rent 10.65 Repair Fax Mach. 171.20 Postage Meter Rent 38.00 Lift Sta. Repair 163.00 May Legal 3,525.00 1st Resp. Training 150.00 Street Sweeping 585.00 May Fed Tax W/H 2,200.08 Fncl. Srvcs. 1,200.00 Flowers -Rutkowski 23.80 F.D. Clean Blankets 8.50 Park 27.29 C.H. 233.99 261.28 Park Shelter 560.00 1st Resp. Training 150.00 WW Commercial 1,200.00 7550 Wright County J. Press 7551 Wright County Recorder 7552 Wright County Sheriff 7553 Wright County Treas. 7554 Wright Recycling 7555 Anderson, Sharon 7556 Barthel, Albert 7557 Berning, Duane 7558 Potter, Mike 7559 Vetsch, John TOTAL BILLS May Legals 76.95 Dvlpr's. Agrmt-WW 3 33.00 April Protection 2,600.63 Homestead Cards 161.65 May Recycling 435.00 May Council 120.05 May Council 114.44 May Council 106.20 May Council 230.87 May Council 106.20 $64,402.83 TENTATIVE NOTES OF MEETING AND MAY CONTAIN INACCURACIES. ALBERTVILLE CITY COUNCIL May 17, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, John Vetsch, Sharon Anderson, and Albert Barthel, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items under the Administration Department: (1) Review insurance quotes (2) Set meeting for Comp Plan review (3) Letter to property owners with more than one driveway access (4) Grant program for walkways and bikepaths Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Upon Anderson's request, the bills list was removed from the consent agenda. The ARCA contract and the agreement with Wright County were also removed from the consent agenda. Berning made a motion to approve the Follow -Up Sheet from the May 3, 1993, meeting as presented. Vetsch seconded the motion. All voted aye. Paragraph 6 of Page 6 of the minutes of the May 3, 1993, were amended to state that the Council would check out all other options regarding the possible construction of a fire barn. Berning made a motion to approve the minutes of the May 3, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. Russ Voght questioned the Council about what would be done with the apparently failing septic system on the Ralph Ackerman property. Linda explained that the City's septic system ordinance has no provisions for corrective measures required or for penalties. The City Council will consider adoption of a new septic system ordinance at the next meeting. Doug Psyk addressed his concerns with the proposed Psyk's 5th Addition plat and the developer's agreement for that plat. Linda will set up a meeting with the city attorney and Psyks to discuss and iron out the disagreements with the developer's agreement. Thore will meet with Psyk to review the plat. Thore pointed out that the bid from Northdale Construction for Psyk's 5th Addition has expired without a contract being signed. Attorney Couri ALBERTVILLE CITY COUNCIL May 17, 1993 Page 2 of 6 reminded the Council that the entire project must be rebid. The project can be bid with an alternate bid for PCV piping and with cast iron piping. Russ Voght also informed the Council that there is still a drainage problem on his road. He has worked with the Wright County engineer, but the problem has not been corrected. Linda was directed to check the minutes and information available from 1984 regarding the PPM building to determine whether the road was dedicated to the City or if any variances were given to the property. Bob Thistle of Springsted, Inc. reviewed the proposed new bond issue ($675,000 General Obligation Improvement Refunding Bonds, Series 1993A) to refund the $1,145,000 G.O. Improvement Bonds of 1979, the $675,00 G.O. Improvement Bonds, Series 1985A and the $575,000 G. 0. Improvement Bonds Series 1986A and to finance the cost of the City's 1993 50th Street reconstruction project. Thistle reported that the City would save an estimated total of $194,171 in interest over the life of the refunded bonds. The new bond issue would be dated July 1, 1993 and mature February 1, 1994 through 2006, and would be callabe in 2003. The bond sale can be set for June 21, 1993. Anderson made a motion to adopt RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $675,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A. Berning seconded the motion. All voted aye. City Engineer Thore Meyer reported that cutting is in progress on 50th Street. Fehn Excavating has been doing a good job attempting to maintain driveway accessibility for the residents. Thore reviewed the drainage feasibility study on the Savitski/Burlington Northern Railroad area. The most beneficial alternative is to lower the culvert under the railroad, but it is also the most expensive alternative. The Council concurred to table any decision at this time. Thore has set up a meeting with MNDOT to discuss the drainage problem along I-94 at 2:00 PM on Friday, May 21. Linda was asked to contact Frankfort Township inviting them to attend this meeting to work out a solution to this mutual drainage problem. Councilman Barthel left the meeting at 8:25 PM. The Council reviewed the contract with Wright County for street restoration of Main Avenue NE. The County will pay for 50% of the bituminous replacement only. Vetsch made a motion to table ALBERTVILLE CITY COUNCIL May 17, 1993 Page 3 of 6 the contract until more information can be gathered regarding costs. Anderson seconded the motion. All voted aye. Thore reported that the contractor for the sidewalk project must come back to finish detail work, but the project is virtually complete. Berning made a motion to table discussions on City policy regarding letters of credit and the 429 statutes until a special meeting set for 7:00 PM on Thursday, May 27. The Council will meet in a joint session that same evening at 7:30 PM with the Planning Commission and the Park Board to discuss the Comp Plan. Vetsch seconded the motion. All voted aye. Couri reported that the court documents on the Psyk settlement have been filed. The City is now able to release that portion of the minutes of the closed meetings that pertain to the Psyk settlement. Couri advised the Council that when a variance or conditional use permit application comes before the Council from the Planning Commission without Findings of Fact, the Council should send the issue back to the Planning Commission. Couri also advised the Council that final plat approvals granted should be conditional. All final plat approvals should be contingent upon the MPCA granting sewer extensions and should state that the City assumes no responsibility for any delays which may occur with the expansion. Mayor Potter announced that he has retained the legal services of Lloyd Grooms to represent the City's interests in the situation involving the City of Otsego's questioning of the Environmental Assessment Worksheet. Attorney Couri left the meeting at 9:05 PM. Anderson made a motion to adopt ORDINANCE 1993-7 entitled AN ORDINANCE AMENDING ORDINANCE #1988-12 THE LAND USE (ZONING) REGULATIONS OF The CITY OF ALBERTVILLE BY ESTABLISHING AN I-1A, LIMITED INDUSTRIAL DISTRICT. Vetsch seconded the motion. All voted aye. The ordinance will be effective upon publication. Vetsch made a motion to grant a conditional final plat approval to Hardwood Ponds Second Addition, contingent upon the following: 1. The developer will comply with all recommendations in the Northwest Associated Consultants' report dated April 22, 1993. ALBERTVILLE CITY COUNCIL May 17, 1993 Page 4 of 6 2. The developer will comply with all recommendations in the Meyer-Rohlin, Inc. report dated April 22, 1993. 3. The developer will enter into a Developer's Agreement with the City. 4. The developer agrees to dedicate property for a walking path, if feasible, and/or a cash park dedication fee. 5. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. 6. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. Berning seconded the motion. All voted aye. Anderson made a motion to grant conditional final plat approval for Parkside (formerly Westwind Fourth Addition), contingent upon the following: 1. The utilities and street construction on Kahler Drive is extended to County Road 37, as indicated; however, the proposed use of Outlots A and B will be determined so service leads for water and sewer can be provided at the proper locations. 2. The existing berming as developed in Westwind's 1st and 2nd Additions be continued along the northerly property lines of Lots 1-4, Block 1, and the easterly property line of Outlot B to County Road 37. 3. The developer enters into a developer's agreement with the City. 4. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. 5. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. Vetsch seconded the motion. All voted aye. Thore was directed to check into the 50th Street sidewalk issue raised by the Planning Commission. Berning made a motion to approve the Financial Statement for the period April 29 - May 13 as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve payment of the bills as presented (Check #'s 7453-7492). Vetsch seconded the motion. All ALBERTVILLE May 17, 1993 Page 5 of 6 voted aye. CITY COUNCIL Berning made a motion to approve the 3.2 Liquor license for the Albertville Jaycees on June 11 from 5:00 PM to midnight. Vetsch seconded the motion. All voted aye. Berning made a motion to void the 3.2 Liquor License approved for the Albertville Fire Department for June 11 from 8:00 PM to midnight as requested. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the 3.2 Liquor License for the Albertville Lions on June 11 from 5:00 PM to 9:00 PM and June 12 and June 13 from Noon to 9:00 PM. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the contract for recycling appliances on May 22, 1993, with ARCA, contingent upon the specification that the City assumes no billing responsibilities. Anderson seconded the motion. All voted aye. Stan Barthel requested that the City Council consider voiding the Developer's Agreement entered into for Barthel Commercial Park. Linda advised the Council that the document has been recorded already and that in her opinion a developer's agreement cannot be voided upon request. Barthel will meet with Linda to discuss the situation. The City concurred that there will be no change in the City's regular 40 hour work week for all employees. Vetsch made a motion to set City Hall office hours from 3:00 AM to 4:30 PM. Anderson seconded the motion. All voted aye. The Council discussed putting a time clock in City Hall for all employees. Councilmember Anderson will check with her employer regarding using an old time clock he has. The Council discussed making all City owned buildings and vehicles smoke -free. Linda was directed to prepare an ordinance establishing the smoke -free zones for the Council to consider at the next meeting. The Council was advised of a grant program offered through the state for bicycle and walk paths. The information has been referred to the Park Board for their consideration. The Council reviewed the insurance quotations. Linda was directed to get prices on increasing the property in the open category on Four Seasons Park to $25,000 and to delete coverage on the snowplow truck and wing recently sold by the City. The Council • a ALBERTVILLE CITY COUNCIL May 17, 1993 Page 6 of 6 will make a final determination at the next Council meeting. Anderson made a motion directing Linda to send letters to Dennis Fehn, Jerry Corbin and Ron Andrea concerning those properties having more than one driveway access and advising them that when major construction is undertaken on the adjoining streets that the second driveway access will be removed. Anderson made a motion to adjourn at 10:30 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk TENTATIVE NOTES OF MEETING AND MAY•CONTAIN INACCURACIES. ALBERTVILLE CITY COUNCIL JOINT MEETING WITH PARK BOARD AND PLANNING COMMISSION May 27, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Albert Barthel, John Vetsch and Sharon Anderson, City Clerk Linda Houghton, City Attorney Mike Couri, City Engineer Thore Meyer, Ci ty Planner David Licht, Members of t'ie Planning Commi ssior_ and the Park Board _Z ]r Pr*te}- a_ _^d the J,:) -- :i''=r inr, t -- ler. The pur rose of the ]O,nt i-neetin'7 I rJ revie, --he s _3mprehensive Plan. Mayor Potter turned the meeting over to Dace Licht who gave the members present a general overview of the Comprehensive Plan that the City adopted in April of 1989. He explained that much time and effort had been put into developing the plan by City staff and boards. The plan details the general long-range goals of the City and is basically a "concept plan". Licht advised against rezoning any particular area until such time that a request for rezoning has been entered with the City. The Comp Plan identifies collector streets that should be the major traffic routes, but does not specify exactly how these streets would run. Licht was questioned on quality standards, i.e. blacktopped parking lots, curbing, etc. Licht stated that these issues are not covered in the Comp Plan but rather in the Zoning Ordinance. If there seems to be an area where several requests for the same type of variance is requested, the Planning Commission should consider amending the Zoning; Ordinance. Licht also advised that Findings of Fact are ar, essential part of granting a variance and/or conditional use permit. No va_ian::e should be considers~ without adequate ..i �h a' _ --1--''-=` -" - --':�`_ ;'O'Tie? t _P� -i-Av - esa'Y _ _:he,? a Plan. -_'.aa,j Q= i!ie r a ths between the Potter t-at Licht m2et with ti:e Park Boar_-: to re-,7iew communities' Trail Plans to determine if the City should implement such a plan. Licht also advised the Council that the City's Zoning Map should be updated at least annually, and that all amendments to the text of the Zoning Ordinance be updated as they occur. It is agreed that monthly staff meetings with the planner, the engineer and the clerk will be conducted to review all Planning requests before they come before the Board. Licht reviewed his contract with the City of Albertville that sets his charge for up to four hours of time in the monthly meetings at $125. Mayor Pot er expressed an interest in a I I Cit'r boards meet_ng at least annual iy, ossib? ; i -- January, _._ review and mauve necessa_y _-visiDns __ .he Camp Plan and -Zoning Ordinance. Anderson made a motion t. adjourn at 9:40 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ,TENTATIVE NOTES OF MEETING AND MAY CONTAIN INACCURACIES. ALBERTVILLE CITY COUNCIL SPECIAL MEETING May 27, 1993 Albertville City Hall 6:00 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Albert Barthel, John Vetsch and Sharon Anderson, City Clerk Linda Houghton, City Attorney Mike Couri, City Engineer Thore Meyer Mayor Potter called the special meeting of the Albertville City Council to order. Barthel made a motion to approve the agenda. Anderson seconded the motion. All voted aye. Attorney Couri presented the Council with information on policies used by area communities concerning letters of credit on development projects for their review. The City of Albertville currently requires a letter of credit in the amount of 25% of the project costs, which is considerably lower than surrounding communities. Couri suggested that the Council may wish to consider establishing a policy to affect future developments. Couri also pointed out that the Council is free to continue financing projects under the 429 Statutes if they wish. The Council could consider shortening the time length of the bond and the number of years over which costs are assessed. Couri pointed out that the City of Elk River sets its 429 bonds for payment in four years and assesses the projects over a three year period. Because of the shorter time limit of the bond, the City usually gets a lower interest rate on its bonds. Barthel made a motion to adopt RESOLUTION 1993-7 entitled CITY POLICY REGARDING FINANCING UNDER THE 429 STATUTES AND ESTABLISHMENT OF REQUIRED SURETY. The Albertville City Council reserves the right to determine project -by -project whether a project is to be financed under the 429 Statutes. On all future residential and commercial developments in the City of Albertville requesting financing under the 429 statutes, a letter of credit in the minimum amount of 50% and a maximum of 100% will be required of the developer, the percentage to be set project -by -project at the Council's discretion. The total project will be assessed to the benefitting properties over a minimum of three years and a maximum of five years. A letter of credit in the amount of 105% of the total project cost will be required on all developer -financed projects and the City will require the street warranty in these developer -financed projects to extend two years beyond completion. Berning seconded the motion. All voted aye. Thore advised the Council that the apparent low bidder on the wastewater treatment plant expansion is unable to hold his bid for an additional 60 days as requested. Therefore, that bid has ALBERTVILLE CITY COUNCIL SPECIAL MEETING May 27, 1993 Page 2 of 2 expired. The Council questioned Couri if a contract could be signed with the next lowest bidder. Couri will check with bond counsel, but he recommended that the Council rebid the project to be on the safest legal ground. Bid opening date will be determined by the schedule necessitated by publication but will be around July 1. Anderson made a motion to adopt RESOLUTION 1993-8 entitled RESOLUTION ORDERING ADVERTISING FOR BIDS FOR IMPROVEMENT PROJECT 1992-11A. Barthel seconded the ;notion. All voted aye. Thore explained that the extension from the low bidder on the Psyk's Fifth Addition has also expired and the project should be let for bids again. Doug Psyk told the Council that some minor points in the developer's agreement have been worked out with the city attorney and he is ready to proceed. Vetsch made a motion to adopt RESOLUTION 1993-9 entitled RESOLUTION ORDERING ADVERTISING FOR BIDS FOR PSYK'S FIFTH ADDITION. The specifications will call for alternate bids on the use of PCV watermain. The Council will make the determination whether to allow use of PCV watermain at a later date. Anderson seconded the motion. All voted aye. Vetsch made a motion to adjourn the special meeting at 7:04 PM. Anderson seconded the motion. All voted aye. Linda Houghton, Clerk THIS FORM MUST BE TURNED INTO CITY HALL BY 5:00 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL NESTING NAME: DEPARTIM.=.= ADDRESS BUSINESS TO BE ADDRESSED BY CITY COUNCIL: ACTION REQUESTED OF COUNCIL: SIGNED: DATE THIS FORM MUST BE TURNED INTO CITY HALL BY 5:00 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING DATE OF MEETING: NAME: _ DEPARTMENT/ADDRESS: BUSINESS TO BE ADDRESSED BY CITY COUNCIL: ACTION REQUESTED OF COUNCIL: SIGNED: DATE COMPANY SINCE 1917 THE MARK OF PERMANENCE DATE: April 14, 1993 PROPOSAL TO: City of Albertville 5964 Main St. Albertville, MN 55301 Attn: Mike P.O. Box 100, Forest Lake, MN 55025-0100 (612) 464-7373 Nationwide 1/800-328-9558 FAX # (612) 464-7377 s. Ballfield H I P T 0 INSTALLED u PREPAID E� DELIVERY MATERIAL ONLY 7 F.O.B. Job Site FREIGHT COLLECT 7 SCHEDULE As Required FENCE OVERALL STYLE PalHEIGHT 6' LINE POSTS 2" SPACING 10' SET Drive 6' FABRIC 9-2 SELVAGE KK COATING Galy. GATE FRAME TOP RAIL 1-5/8" MIDDLE BOTTOM Furnish and install: 10 L.F. - 4' high chain link fence complete with top rail 230 L.F. - 6' high fabric KK salvage 46 ea. - 2" x 12' line posts 1 ea. - 10' double swing gate 460 L.F. - Ties and bands 1 lot - Misc. fittings 6 ea. - Terminal posts, 3' longer 2 ea. - 2z" o.d. gate posts 4 ea. - 2z" o.d-. end posts LUMP SUM $2,800.00 NOTE: All removal by City of Albertville. For Century to remove, add $664.00 IED ACCEPTANCE: THIS PROPOSAL WHEN ACCEPTED IN WRITING BY PURCHASER AND BY CENTURY FENCE COMPANY'S MAIN OFFICE BECOMES A CONTRACT BETWEEN THE TWO PARTIES. THE CONDITIONS ON THE REVERSE SIDE ARE MADE A PART OF THIS CONTRACT. TERMS OF PAYMENT: NET CASH UPON RECEIPT OF INVOICE. BUYER'S SIGNATURE DATE SUBMITTED BY: Charles A. Waldenburg,, agl4s Manager CENTURY FENCE COMPANY APR-16-93 SAT 6:49 TOWN AND COUNTRY FENCE 6124246778 P. 01 S111 TOWN & COUNTRY A; FENCE, INC, 8853 Loch Lomond Court • Brooklyn Park, MN 55443 Office (612) 424-0643 Fax (612) 424-6778 ----------------------- FAX TRANSMITTAL ------ THIS IS PAGE —L OF y PAGE(S) FROM: Z�71XL 15,--Vj"/ TO: /��� � �ls� DATE: ATTENTION: Z! � JOB # : C/ ry �z4 WE ARE FAXING YOU: SHOP DRAWINGS PRINTS REPORTS PROPOSAL COPY OF LETTER CHANGE ORDER SEE BELOW DESCRIPTION OR REMARKS: JL/ ` S A, f-e—'s THESE ARE ARE TRANSMITTED as checked below: FOR APPROVAL FOR DISTRIBUTION FOR YOUR USE PLEASE REPLY A.S.A.P AS REQUESTED FOR YOUR FILE FOR REVIEW AND COMMENT FOR BIDS DUE yAN ORIGINAL COPY IS BEING MAILED TO YOU /` AN ORIGINAL COPY WILL BE MAILED AS PER YOUR REQUEST A, EAr 5.41 TOWN AND CC�JNT�•y FENr_E 5124G45�7$ F- 04 GATES: Gates With latches shall be Swingin when so s to an Ps g or alidin e as barbwire above equired, with�thenges, rollers and required, complete tubular membe the fabric, Provision for taller tracks, Painted Members welded at Gate frames shall be three Strand, intermediate bracing Zinc all corner�a, constructof bracing8a6 paint. On steel of more than 1p Gate le.avea weld8 Shall end feet required, spaced so Sthat have be memhera of apart. When barbed Vertical the horiz°ntal the gate frame Wire to no members are unif°rm1 member to shall be p is specified, Y attached. which g extended one the shall be dete Dimensions and rands of barbed wire above r�mined as per each weights of ire will be POST TOPS: project application, gate frames combination tops Past tops shall When so required with all consist of ornament.; shall be , or whenwire BuPPorting arms, as tOPs p raf'ovided with a hole rail he or the to 1. The $uitableis to provided, required. and shall exclude Posts taps shall for the through the top moisture from the over the passage of BARBED inside of the of posts be at WIRE SUPPORTING ARMS: he Pasts. be an angle of 45 when required fitted with degrees or vertical to be furnished wire uniformly, a means for attachin as required shall g three Strands, and shall TENSION BARS: Tension b Of barbed and gate post as required s &hall be provided per the number at each end, corner, BANDS: Banda of Of stretch connections, shall be galvanized steel or aluminum and tension ovjded in sufficient bars to all terminalnumber for attaching Per ASTM F-626 15 inches. Attachment Posts at the fabric galvanized bolts w used for this at interval, not to exceed ith nuts, unless otherwise b/16" TIES: Ties of specified. X 1 1/4" number for attaeeq ate strength shall be not to exceed g the fabric to all lineovided in sufficient attaching1� thecrails. not to exceed post,4 at fabric to exceed intervals TENSION WIRE: inches when ehall be Marcelled t#78jOn wire iS !log rings at intervals of is strand) attached ably to the attached to the protect, it no more than 24 inches, fabric with 3ARBED WIRE: ire with 9 Barbed w ' point ire shall consist of wieted wire barbs On Spacln two strands of twisted and barbs shall be Se °f fi inches at least or less. The ISC, FITTINGS. A 12 1/2 gauge >purtenanezd, ectl rail ends, line rail Ivanized Pressed steelse the clamps, truss malleable fence assembly shall rod cast. be FENCING SPECIFICATIONS SCHEDULE 40 TYPE I , SS40 TYPE II FRAMEWORK : Post and rail materials shall be Type I hot dipped galvanized pipe produced to conform with American Society for Testing & Materials (ASTM) Standards F-1083 standard weight (Schedule 40) ; or Type II pipe cold -formed and welded, per ASTM F-669, Group IC, having a minimum yield strength of 50,000 p.s.i., the external zinc coating shall be per ASTM F-1234, Type B, zinc with polymer film, 0.9 oz./square ft, minimum zinc coating with a chromate conversion and a verifiable polymer film. The internal coating shall be per ASTM F-1234, Type B, zinc 0.9 oz./square ft, minimum or Type D, zinc pigmented, 81% nominal coating with 0.3 mils minimum thickness. All framework members shall be continuous , unspliced materials. Posts and rails materials shall conform to the following. ITEM DIAMETER WEIGHT TYPE I TYPE II Line Post, 2 1/2" O.D. 3.65 3.117 End Poet 3" O.D. 6.79 4.64 Corner Post 3" O.D. 5.79 4.64 Top Rail 1 5/8" O.D. 2,27 1.83 RAILS: Top rails shall be in lengths of not lees than 18', and shall be fitted with couplings or swedged for connecting the lengths into a continuous run. The couplings shall be not less than 6 inches long, with .070 minimum wall thickness, and shall allow for expansion and contraction of the rail. The means of attaching the rail to the gate, corner, pull, and end posts shall be preseed steel rail ends attached to brace bands made of the same materials as tension bands on the project. Attachment used for this will be 5/16" x 1 1/4" galvanized bolts with nuts, unless otherwise specified. FABRIC: Chain -link fabric shall be aluminum coated or galvanized steel wire woven into two-inch (2") diamond mesh with knuckled or twist salvage on the top and bottom, as required per project. Zinc coated fabric shall be hot -dip galvanized in conformance with ASTM A-392. Galvinizing shall be 1.2 oz./sq. ft. minimum, Aluminum coated fabric shall conform to ASTM A-491. Weight of the coating be .4 oz./eq. ft. minimum in conformance with ASTM A-428. Steel wire used for the fabric shall withstand the following breaking loads as determined by ASTM "Designation ES Tension Testing of Metallic Materials:". No. 9 Gauge 1,290 lbs. No. 6 Gauge 2,170 lbs. CONCRETE- All poets shall be in concrete footings 36" deep x 10" in diameter or three (3) times the outside diameter of the post, which ever is the greater. The concrete shall be of 3000 lbs. p.s.i. strength unless otherwise specified. All footings shall be capped on the top to exclude water from the post. FROM : PHONE NO. : F71 a 30 ORDINANCE NO. 1993-'7 AN ORDINANCE REGULATING SEWAGE DISPOSAL SYSTEMS IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS AS FOLLOWS: 1 General Provisions. 1.1 Scope: This Ordinance shall apply to all operative, on - site sewage disposal systems in the City of Albertville as of the effective date of this Ordinance and to all subsequently constructed sewage disposal systems. Sewer installation shall be regulated by all requirements of this section. All individual sewage disposal systems installed subsequent to the adoption of this ordinance and all alterations, extensions and repairs to individual sewage disposal systems, irrespective of the date of original installation, shall be regulated in accordance with all of the requirements of this Section. Any individual sewage disposal system or pertinent part thereof, regardless of the date of original installation, which is not located, constructed, installed or functioning in accordance with this Section shall be so relocated, reconstructed, reinstalled or repaired as to comply with the requirement of said Subdivision. 1.2 Adoption by Reference: Minnesota Rules, Chapter 7080, Minnesota Pollution Control Agency, Water Quality Division, Individual Sewage Treatment Systems Standards (hereinafter referred to as Chapter 7080) and all subsequent amendments shall be adopted as if set forth in full herein. The design of sewage treatment and disposal systems shall comply with the minimum standards set forth in Chapter 7080. 1.3 Amendments to Chapter 7080.0020: The following changes or additions to the definitions contained in Chapter 7080.0020 shall apply: 1.3.1 Soil characteristics, limiting: means those soil characteristics which preclude the installation of a standard system, including but not limited to, evidence of water table or bedrock closer than three (3) feet to the ground surface, and percolation rates faster than one -tenth (1/10) or slower than sixty (60) minutes per inch. 1.3.2 Soil treatment system: means a system whereby sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and includes those systems commonly known as seepage beds, trenches, drainfields, disposal fields, and 2 mounds. 1.3.3 Building Inspector: the City of Albertville Building Inspector, an authorized agent of that officer or another city employee appointed by resolution of the City Council. 1.3.4 City Clerk: the City Clerk or that official's deputy or any other city employee appointed by resolution of the City Council to conduct the stated activity or take the stated action. 2 Standard On -Site System Location and Design. 2.1 Site and Location: 2.1.1 Location: Location and installation of the individual sewage disposal system and each part thereof shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance nor endanger the safety of any domestic water supply or pollute public waters. Site locations for standard individual systems shall be reviewed and approved by the Building Inspector. Only installers who are certified by the Minnesota Pollution Control Agency shall be allowed to install an individual sewage disposal system. 2.1.2 Site evaluation: All proposed sites for individual sewage disposal systems shall be evaluated by a Minnesota Pollution Control Agency certified site evaluator. Percolation tests, soil tests, and test borings shall be conducted by certified site evaluators and data from these tests shall be submitted to the Building Inspector for approval prior to issuance of a sewage disposal and/or building permit. 2.2 Design: 2.2.1 Components of standard disposal system: The standard system shall be installed as defined in Rule 7080. Where unusual conditions exist, other systems of disposal may be employed, provided that they comply with all other provisions of this Ordinance. 2.2.2 Certification of designers: The sewage disposal system must be designed by a designer 3 who has been certified by the Minnesota Pollution Control Agency. 2.3 Shallow Ground Water Areas: In areas of shallow ground water, the actual depth of the water table shall be accurately determined and reported to the Building Inspector. No soil absorption system shall be installed in an area where the water table reaches any drainfield trench. Soil absorption systems installed in areas where impermeable layers are found at depths of less than six and one-half (6 1/2) feet shall be considered to be a special design. 2.4 Standard On -Site System Prohibition: Standard on -site sewer systems shall be prohibited within the following locations: 2.4.1 Problem areas: areas where problems are likely to occur because of pedologic, geologic or hydrologic characteristics; 2.4.2 Wet areas: low, swampy areas or areas subject to recurrent flooding; 2.4.3 Known shallow groundwater; areas where the highest known ground water table, bedrock or impervious soil consolidations are within three (3) feet of the bottom of a system. 2.5 Drainfields: 2.5.1 Location: Location of the soil absorption system shall be in an unobstructed and preferably unshaded area. The bottom of the trenches and basin of the final disposal area shall not be less than three (3) feet above the highest known or calculated water table. 2.5.2 Setbacks: The distances given below shall be the minimum separation between the drain field and the following: - Any water supply well, or buried water suction pipe: fifty (50) feet. - occupied buildings: twenty (20) feet. - Property lines: ten (10) feet. - Buried pipe distributing water under pressure: twenty (20) feet. - Subsurface drainage systems such as field tile lines: fifty (50) feet. 4 - Surface drainage systems such as open ditches: thirty (30) feet. Shallow wells: Wells less than fifty (50) feet in depth and not encountering at least ten (10) feet of impervious material shall be located at least one hundred fifty (150) feet from cesspools, leaching pits, or dry wells and at least one hundred (100) feet from a subsurface or mound disposal field. 2.6 Discharge of Sewage: Raw sewage, septic tank effluent, or seepage from a soil absorption system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock formation, the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground which does not comply with the requirements of this subdivision. The requirement shall not apply to the disposal of sewage in accordance with a process approved by the State Department of Health or the Minnesota Pollution Control Agency. Alternative systems: 3.1 Holding Tanks Prohibited: 3.1.1 Prohibition of use in new construction: Holding tanks shall not be utilized as sanitary system for new construction, but only as corrective action for sewage disposal for pre-existing uses when standard treatment systems cannot be practically installed. 3.1.2 Variances: Regardless of any other section of this ordinance, it shall be within the discretion of the City Council to grant a temporary variance from the above prohibition where conditions require the short term use of a holding tank as an individual sewage disposal system. 3.2 Alternative Systems: Alternative on -site sewer systems may be permitted in the City of Albertville in accordance with Minnesota Rules Chapter 7080. All plans for alternative systems shall be reviewed by the City Engineer. In the review of plans for an alternative on - site sewer system the City Engineer may impose additional conditions for approval of the permit, in accordance with the policies and guidelines of the Minnesota Pollution Control Agency, as may be deemed necessary for the protection of the natural environment and the public health, safety and welfare. Mandatory maintenance provisions for the alternative systems may be placed upon 5 the permit for approval by the City Engineer or the Building Inspector. 4 Setbacks and Placement of Building Sewers: 4.1 Distance From Water Wells and Water Lines: No buried or concealed portion of building sewer, or building drain, or branch thereof, serving any establishment shall be located less than twenty (20) feet from any water -supply well or buried water suction line. 4.2 Building Sewer Pipe: The building sewer pipe shall be supported in such manner so that there is no deflection during the backfilling and subsequent settling of the soil between the building foundation and the inlet to the septic tank. 4.3 Construction of Sewer Line: Construction of the line shall include water -tight, obstruction free joints and shall provide a grade of not less than 1/8 inch per foot for minimum grades as recommended by the State Pollution Control Agency. The ten (10) feet of sewer immediately preceding the septic tank shall not slope more than 1/4 inch per foot. No right angle (900) turns shall be permitted in any sewer line and where the direction of the sewer is changed in excess of 22 1/20 at any single point accessible cleanouts shall be provided. Sewer pipe lines, manholes and other appurtenances shall be constructed in accordance with the State Plumbing Code and State Pollution Control Agency requirements. 5 User Permits• 5.1 Permits Required: No person, firm or corporation shall install, alter, do repairs costing over $100.00 or extend any individual sewage disposal system in the City without first obtaining a permit therefore from the City for the specific installation, alteration, repair or extension. Fees shall be set by resolution of the City Council and paid by the applicant for the final permit. Such permit shall be valid only for construction taking place within a period of six (6) months from the date of issue of the permit. This permit requirement does not apply to measuring or pumping performed as system maintenance as required by this ordinance. 5.2 Permit Not a Guaranty of Operation: Neither the issuance of a permit nor the inspection of a system shall constitute any warranty or guarantee of operation of the system. 5.3 Application Requirements: Each application shall be presented as follows and contain all of the following L information: 5.3.1 Application form: Applications for permits shall be made on printed blanks or forms furnished by the City. The application shall be signed by the applicant and shall be submitted to the City Clerk. 5.3.2 Legal description and name of installer: Each application for a permit shall contain the correct legal description of the property on which the proposed installation, alteration, repair, or extension is to take place. The application shall also have the name of the person, firm or corporation who is to install the system. 5.3.3 Site plan: Each application for a permit shall be accompanied by two (2) copies of an accurate and to -scale site plan, said plan to be prepared at the discretion of the Building Inspector by a Registered Professional Engineer or Public Surveyor and showing, in any event: 1) the location of any proposed or existing buildings on the subject property; 2) the boundary lines of the property; 3) the location of water supply facilities; 4) the location and ordinary high water mark of streams, lakes and ponds within one hundred fifty (150) feet of the proposed structure; 5) all legal setback requirements from existing and proposed buildings, property lines, sewage tanks, soil treatment systems, water supply wells, and buried pipes and utility lines; 6) the existence of low lands, local surface depressions, and rock outcrops; 7) topographic contours at two (2) foot intervals; 8) the location of all soil treatment systems and water supply wells on adjoining lots within one hundred fifty (150) feet of the proposed soil treatment system. 5.3.4 Conditions data: Each application for a permit shall also include information on: 1) soil and subsurface evaluation based upon borings and percolation tests and conducted in accordance with the procedures established in Chapter 7080; 2) depth to the highest known or calculated ground water table or bedrock; 3) surface water flooding probability for a 100 year storm. 5.3.5 System design data: Each application for a 7 permit shall include a complete plan showing the design, size and location of all parts of the individual sewage disposal system, and which provides design certification as to the adequacy of the location and design for the proposed system in relation to the requirements contained herein. 5.3.6 Simultaneous application for a building permit and individual sewage disposal system: Where simultaneous application is made for a building permit for a structure to be built and a sewage disposal system, the design for the sewage disposal system shall be approved prior to the issuance of a building permit for the structure. 5.3.7 Other data: The applicant shall be required to submit any other data requested by the City Engineer, Building inspector, City Clerk or by other regulations or ordinances applicable to individual sewage disposal systems in the City of Albertville. 5.4 Permit Application Procedures: 5.4.1 Submission: The applicant shall provide to the City Clerk two (2) copies of all materials and information as required by this Ordinance and all additional material as may be required in other state, federal or special district rules, regulations and ordinances. 5.4.2 Technical review for standard individual systems: The Building Inspector shall review all required information to determine compliance for the proposed installation, alteration, or extension of any individual sewage disposal system as required by this Ordinance. The Building Inspector may, in that officials sole discretion, refer any design to the City Engineer for review and comment. The Building Inspector shall make a recommendation to the City Clerk within fifteen (15 ) days after the Building Inspector receives all required information or, where appropriate, a statement of approval of the system design from the City Engineer. Failure on the part of the applicant to supply information as mandated in this Ordinance shall constitute grounds for denial of the permit. 8 5.4.3 Technical review for alternative systems: The City Engineer shall review all required information on alternative systems to determine compliance for the proposed installation, alteration, or extension of any individual sewage disposal system as required by this Ordinance. The City Engineer shall make a recommendation to the City Clerk within fifteen (15) days after the City Engineer receives all required information. Failure on the part of the applicant to supply information as mandated in this Ordinance shall constitute grounds for denial of the permit. 5.4.4 Inspector's Right to Reject Application: The Building Inspector shall have the right to reject an application to construct an individual sewage disposal system on premises where the construction cannot meet the requirements of this Ordinance. 5.4.5 Affirmative Recommendation: Upon a recommendation by the Building Inspector constituting full approval of the permit application, the City Clerk shall issue said permit for the construction, alteration or expansion of the individual sewage disposal system. 5.4.6 Negative Recommendation: If the Building Inspector recommends denial of the permit, no permit shall be issued. A written statement by the Building Inspector explaining the reasons for denial of the permit shall be provided with the recommendation and forwarded by the City Clerk to the applicant. The applicant may reapply for a permit or make an appeal to before the City Council. 6 Sewage Removal and Discharge: 6.1 Prohibition of Unregulated Discharge: No person shall discharge the contents of any privy, privy box, vault, sink, septic tank or cesspool anywhere in the City or into any other outdoor sewer installation or at any dump or any sanitary landfill, except at the locations approved by the Minnesota Pollution Control Agency, under the terms and conditions set forth herein and in accordance with this Section of this Ordinance. 6.2 Transporting Sewage: No part of the contents of any such 0 sanitary sewage facility shall be transported into the City, nor shall the contents of any such facility be transported within or through the City unless it is removed and transported by means of an air -tight apparatus, pneumatic or otherwise, so as to prevent the contents from being agitated or exposed to open air in the process of removal or transportation. 6.3 Tanks: Any tank, vehicle or other apparatus used in transporting the contents from any such facility must be maintained and operated in such a manner as to avoid the emission of offensive fumes or the spilling or loss of any unsanitary or offensive substance. 7 Inspection• 7.1 General: The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this Ordinance. No part of the system shall be covered until it has been inspected and accepted by the Building Inspector. It shall be the responsibility of the permit applicant to notify the Building Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Building Inspector to make the indicated inspection within twenty- four (24) hours after such notice has been given, with Saturdays, Sundays and legal holidays being exempted from the computation. It shall be the duty of the owner or occupant of the property to give the Building Inspector free access to the property at reasonable times for the purpose of making such inspections. 7.2 As Built Plans: Upon satisfactory completion and final inspection of the system, the installer shall furnish to the City a final description of the system as installed. The description shall include any changes from the original plans and additional information as required as a condition of the permit approval. 7.3 Substandard Improvements: If, upon inspection, the Building Inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this Ordinance, he shall give the applicant written notification describing the defects. If at any time during the construction, installation, alteration, repair or maintenance of an on site sewer system, it is determined that performance is occurring in violation of the requirements of the Ordinance, the Building Inspector may issue orders to suspend or revoke permits or stop action. In such cases, no further improvements or work shall be continued until the violation or deficiency is corrected. The applicant shall pay an additional fee for each re -inspection that 10 is necessary, according to the fee requirements established by City Council resolution. 7.4 Inspectors Certificate of Approval, New or Renovated Systems: No sewage disposal system, for which a system permit is required pursuant to this Ordinance, shall be placed or replaced in operation until the Building Inspector has issued a Certificate of Approval governing the subject installation or renovation. Where, on inspection, the Building Inspector discovers that a sewage disposal system has not been installed or renovated in compliance with the provisions contained in this Ordinance or the applicable permit, the Building Inspector shall give the applicant written notification describing the non-compliance. The applicant shall be responsible for correcting and eliminating all defects and non-compliance prior to the issuing of a certificate of approval. Existing Systems: 8.1 Problem Systems: Where a problem is determined to exist with an individual sewage disposal system, the Building Inspector shall be authorized to conduct an on -site inspection of the property and system in question, as may be deemed reasonably necessary, to determine the extent of the problem and the system deficiencies in relation to the requirements contained in this Ordinance. The City, through its authorized Building Inspector, shall have the right, after obtaining a search warrant if a warrant is demanded, to enter and be admitted to any lands and property in the City for the purpose of this inspection of materials, plumbing work, installation, and fixtures of all kinds used by or in connection with the individual sewage disposal system. 8.2 Notice: The City shall be required to provide the owner and occupant(s) of the premises written notice by certified mail ten (10) days in advance of the inspection for the individual sewage disposal system. 8.3 Correction of Problems, Compliance with Ordinance: Following the inspection and review of an existing individual sewage disposal system determined to be in violation of the requirements contained in this Ordinance or which constitutes a hazard to the public health, safety and welfare as determined by the City Building Inspector, the owner of such system shall be required to comply with one of the following measures: 8.3.1 Correction of violation: Correct the violations of the existing system by upgrading 11 its installation and operation in accordance with the regulations and provisions contained within this Ordinance; or 8.3.2 Cessation of use: Cease and desist from the use of the individual sewage disposal system. 8.4 Failure to Comply: Failure to comply with these measures within forty-five (45) days shall constitute a violation and be subject to the provisions of Section 12 of this Ordinance. The forty-five (45) day period shall commence upon receipt by the owner of a certified written notice from the City requiring such action. 8.5 Responsibility for Costs: The responsibility for all direct costs associated with the administration and enforcement of this subsection shall be that of the property owner. The property owner shall reimburse the City for said costs or shall be subject to an assessment against the property in accordance with state law. 9 Removal of Systems: 9.1 Requirement for Removal: Any individual sewage disposal system that is abandoned, non-functional, disconnected, or replaced for any reason shall be removed by a Minnesota Pollution Control Agency certified Installer in accordance with this Ordinance. 9.1.1 Prima facie evidence of abandonment: It shall be prima facie evidence of abandonment of a residential system when the system is not used for a period of two years or more and is in a state of disrepair that precludes its proper use and functioning, or upon hookup of the building sewer outlet to a municipal sewer system. 9.2 Procedure for Removal: Removal of any individual sewage disposal system shall be performed in accordance with the process outlined in this Subsection. 9.2.1 Removal procedure: The following steps shall be taken in removal of any individual sewage disposal system: 1) pump dry any holding, storage or other type of tank; 2) excavate and remove any holding, storage or other type of tank if said tank is structurally competent and capable of removal without contamination of the excavation site; 3) where said tank is structurally incompetent or of such design that prohibits removal without contaminating 12 the excavation site said tank shall be penetrated and filled with clean, suitable subsoil in such a manner that future subsidence of the graded surface shall be prevented; 4) reserve any topsoil removed from the tank excavation; 5) backfill the tank excavation with subsoil removed from that excavation, supplemented with suitable clean fill if required; 6) spread reserved topsoil over the excavation area; 7) seed with a ground cover compatible with the area; 8) any other steps the Building Inspector or City Engineer may require to protect the health and safety of the public. 9.3 Time for Removal: No individual sewage disposal system shall be abandoned until and unless the structure served is connected to a properly installed system that meets the requirements of this Ordinance or connected to an area wide treatment and disposal system. Abandoned individual sewage disposal systems shall be removed as soon after the abandonment as is physically possible. If a system is abandoned during the period from November 1 through March 31 the removal may be delayed until May 1. 10 Maintenance• 10.1 General: To insure the safe and efficient operation of individual sewage systems the following maintenance procedures shall be complied with: 10.1.1 Measurement: At least once every two years the owner of any septic tank or the owner's agent shall arrange for measurement of the depth of sludge and scum in such septic tank by a Minnesota Pollution Control Agency certified Installer or Pumper -Hauler. 10.1.2 Failure of measurement: The septic tank shall be pumped unless it can be shown to meet the requirements of Rule 7080.0130, Subpart 5 (A). 10.1.3 Time to pump: Any removal of sludge and scum from the tank shall take place within two (2) weeks following the date of inspection. 10.2 Distribution Box Maintenance: At least once every two years the owner of any system equipped with a distribution box shall arrange for the opening of the distribution box and the removal of any settled solids therein by a Minnesota Pollution Control Agency certified Installer or Pumper -Hauler. Any such material removed shall be disposed of to the septic tank or by other means 13 acceptable to the City. 10.3 Seepage Pit Maintenance: At least once between May 1 and June 30 each two years the depth of liquid in each seepage pit shall be measured by a Minnesota Pollution Control Agency certified Installer or Pumper -Hauler or by the owner of the system. The results of said measurement shall be filed with the City within 30 days of the actual measurement. When, as a result of such measurement, it is found that the liquid level in the pit is less than one (1) foot below the inlet, a second measurement shall be made eight ( 8 ) to twelve (12 ) hours after the first measurement, during which time no liquid shall be discharged into the seepage pit. If, as a result of the second measurement, it is found that the liquid level in the pit has not lowered at least two (2) feet during the indicated period of time, an acceptable soil absorption system shall be provided within ninety (90) days of the date of inspection. 10.4 Individual System Record Keeping: The owner of every individual sewage disposal system shall be required to maintain a record of all inspection and maintenance activity for the system on a continual and permanent basis. 10.5 Enforcement: Where the owner of an individual sewage system fails to comply with the requirements of this Section, the City may initiate measures for inspection and maintenance of said system. The City Clerk shall notify the owner by certified mail ten (10) days in advance of any action by the City. The owner of said system shall be responsible for all costs associated with the City inspection and maintenance as well as all costs of enforcement of this ordinance, including attorney's fees and court costs. The owner shall reimburse the City for said costs or shall be subject to an assessment against the property in accordance with state law. 10.6 Compliance: Failure to comply with any required maintenance procedures, as determined by the City Clerk, shall constitute a violation subject to the provisions of Section 12 of this Ordinance. 11 Administration and Enforcement: 11.1 City Clerk: The City Clerk shall be responsible for the administration and issuance of orders required by this Ordinance. The Clerk shall be empowered to cooperate with local and state personnel in the enforcement of this Ordinance and state regulations, rules and requirements relating to sewage disposal. 14 11.2 Building Inspector: The Building Inspector shall be responsible for the enforcement of the provisions of this Ordinance, including performance of investigation review, site and system inspection, compliance with Ordinance requirements, permit review and system design analysis on standard systems. The Building Inspector may refer any design to the City Engineer for analysis if, in the Building inspectors discretion, such analysis is required. 11.3 Delegation of Duties: The City Council may delegate all provisions for administration and enforcement activities to other units of government where it is determined that funding and staffing is marginally adequate to insure adherence to the requirements of this Ordinance and all other applicable rules and regulations. 12 Violations: Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed the maximum penalty for a misdemeanor prescribed under State law. Each day that any violation is continued shall constitute a separate offense. 13 Appeals: Appeals from the Building Official's decision and requests for variances as to any provisions of this Section may be made to the City of Albertville. The City Council may grant a variance to the strict terms or requirements of this Chapter as it affects specific tracts of land if it finds: 13.1 It is shown by reason of topography or other physical conditions that strict compliance with the Chapter's requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; 13.2 By the granting of the variance, the spirit and intent of the Chapter will not be adversely affected; 13.3 That the variance will not be injurious to the health and/or general welfare of: a. The users of the system for which the variance is sought, b. The adjacent property owners, and C. The general community as a whole 13.4 That the establishment, maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety or general welfare, and is not contrary to established standards, regulations, or ordinances of other governmental agencies. 15 14 Separability: Should any court of competent jurisdiction adjudge any provision of this ordinance invalid, such judgement shall not affect any other provision of this ordinance not specifically included in such judgement. 15 General Responsibility: This Ordinance shall not relieve or lessen the responsibility or liability of any person owning, operating, controlling, or installing any sewage disposal system, or disposing of bulk sewage for damage to persons or property or any other injury occasioned thereby. The City of Albertville assumes no responsibility for the proper, safe, and efficient functioning and performance of sewage disposal systems installed, renovated, or maintained pursuant to the requirements contained herein. 16 Repealer: The City of Albertville Ordinance No. 1977-3 titled "AN ORDINANCE ADOPTING BY REFERENCE THE WRIGHT COUNTY SEPTIC TANK ORDINANCE" is hereby repealed. 17 Effective Date: This Ordinance, inclusive of all sections adopted by reference, shall become effective from and after the date of its publication according to law. Adopted this day of , 19 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA By Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk Published in the Wright County Journal Press on 1993. SUMMARY OF IMPORTANT POINTS OF PSYR'S DEVELOPER'S AGREEMENT June 7, 1993 Below is a summary of the major points of the revised Psyk Developer's Agreement. Because the fine points of the agreement have been left out of this summary, please refer to the Agreement itself for more detail regarding the terms of the agreement. Paragraph 1. The Developer (Doug and Beatrice Psyk) petitions the Council to install municipal improvements (roads, storm sewer, water main, ponding, etc.) as detailed in the feasibility study dated August 12, 1992. 2. Developer waives the public hearing regarding the ordering of the improvements. 3. The City, at its discretion, will construct the municipal improvements detailed in the feasibility study, and Developer agrees to allow the City to assess all costs back to Developer over a period not to exceed 12 years. 4. Developer agrees to post a surety with the City in the amount of $72,500.00 as security for the timely payment of all assessments levied by the City for the municipal improvements. The security represents 25% of the estimated costs (construction, bonding, engineering, legal, etc.). 5. The Developer will construct off -site improvements (sod, trees, driveway approaches, etc.) and is posting a letter of credit in the amount of $5,500.00 for these improvements, representing 50% of the cost of these improvements. Off -site improvements will be completed by June 1, 1996. Developer also will install street lights, and have electrical, natural gas, and telephone service installed underground (requirement of installation of Cable TV has been omitted based on Psyk's representation that the Cable company will not install cable until they sign up a certain percentage of subscribers in the area to be served). 9. Developer will pay all City costs and expenses related to the project. 10. Developer will comply with erosion control plan, including construction of a siltation/retention pond. 11. Developer will keep the construction sites clean and will repair any damage to public property due to construction on the plat. 14. The City can draw on the surety prior to its expiration 1 if a new surety is not provided. 15. If the Developer defaults on any portion of the agreement, the City will give the developer 30 days notice of such default prior to drawing upon the letter of credit. 16. Land must be dedicated for park purposes (or $170 per unit must be paid), but the actual dedication is being deferred until future development of additional land. 17. This agreement applies to Psyk's Fifth Addition and not to any other development or phase of development. 18. Developer holds the City harmless from claims made by Developer and third parties for damages sustained as a result of plat approval and development. 19. Developer is personally bound by the Developer's Agreement. The Developer's Agreement shall be released upon fulfillment of all terms of the agreement. 20. Developer will pay all reasonable attorney's fees incurred by the City if the City must sue to enforce this agreement. 21. The agreement will bind all successors and assigns of the Developer. 2 / C � erei�v �S Seel Y- rlT/1 � /1�0 "v vp"76.:,%1 7L4 r`� zKjh 711) e 1�'2 06/04/93 08:10 $ 016126825641 FARGO A10 BUF MN 01 13736Johnson 5(reet N.t.• • tiara LBKP, ivIlV Q-IJW4 " rJr -n�•�r June 1st, 191.43 city of Albwrtvi lle F�. O. Box 131 A 3 be•rt v i 1 1 e� rI l rol-113sot a 553 - Toz That Casty of Albertville, rA requast its tjerehy made tr,.;, have the city irrtstrtil irnprovenlent:' wi,thi.F, the final plat icr-par•kside" in aaactrdanr-w with Minnesota statutes, Chapter 42.`*9. The improvements asseasmad plArst.tvArit t L:, Min omr-it n Statutes, chapter 4d`3 Shall UQ ,a4:s.onswd wi.i:h n payl���r,k •„�vt�!r' a1 awr3cca Of Fi vap 45) years. 2Rent re!l Roessler President Kenco Gonst r Act f r: o, 1 roc;. TENTATIVE NOTES OF `?EETING AND MAY, rONTAIN INACCURACIES. PLANNING & ZONING COMMISSION MAY 25, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Donatus Vetsch, Albert Barthel, alternate Jan Heikes, and Secretary Ann Culley. Chairman Berning called the meeting to order at 7:00 PM. Johnson made a motion to approve the agenda as submitted. Larson seconded the motion. All voted aye. The minutes of the May 11, 1993, meeting were amended on page 1, paragraph 5, to read that, "The Commission reviewed the final plat and were advised that the Engineer had found all lot sizes to be in compliance with the 12,500 sq. ft. required by ordinance. A motion was made by Larson to approve the amended minutes of the May 11, 1993, meeting. Vetsch seconded the motion. All voted aye. Chairman Berning called the Public Hearing to order at 7:10 PM, to discuss DJ's Total Home Care Center's request for a variance to allow them to place curb stops, as opposed to curbing, around their new parking area. The Commission discussed the fact that the area in question is low and they feel that placing curbing around the parking lot would cause a drainage problem. Johnson noted that there is no storm sewer in that area. Berning stated that he feels existing businesses should be allowed to continue "as is" with regard to blacktopping and curbing and that only new businesses should be required to conform to the ordinance. The Commission feels that modifying the ordinance should be considered since they have been getting so many variance requests with regard to this situation. The Commission concurred that they will discuss this with the City Council at the upcoming joint meeting on May 27, 1993. The Commission further reviewed their findings of fact. Johnson made a motion at 7:35 PM to close the public hearing. Larson seconded the motion. All voted aye. Barthel made a motion to recommendthat the City Council approve the variance request for DJ's Total Home Care Center allowing them to place curb stops instead of curbing around their proposed new parking lot, per their findings of fact which are attached as a permanent part of these minutes and dated May 25, 1993. The motion was seconded by Johnson. Berning abstained from voting. Vetsch, Barthel, Larson, and Johnson voted aye. Culley advised the Commission that John Weicht of School Street Development had called and would be late. PLANNING COMMISSION - 5/25/93 Page 2 of 3 Chairman Berning called the public hearing to order at 7:40 PM to discuss a variance request from the City of Albertville to allow them to place crushed granite in the parking lot at City Park instead of using blacktop. The Commission discussed the fact that the parking lot is a muddy mess and that they felt that the soils were unsuitable for placement of blacktop. They further discussed that a large portion of that parking area is leased from the railroad and does not belong to the City. The Commission reviewed their findings of fact. At 7:50 PM, Vetsch made a motion to close the public hearing. The motion was seconded by Barthel. All voted aye. Larson made a motion to recommend that the City Council approve the variance request for the City of Albertville, allowing them to place crushed granite in the parking lot, at City Park instead of using blacktop based on the findings of fact, which are attached as a permanent part of these minutes and dated May 25, 1993. The motion was seconded by Vetsch. All voted aye. Chairman Berning opened the public hearing at 7:55 PM, to consider ORDINANCE # 1993-8, entitled, AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT". There was no one present who wished to discuss this issue. Larson made a motion to close the public hearing at 8:00 PM. The motion was seconded by Vetsch. All voted aye. Vetsch made a motion to recommend that the City Council approve ORDINANCE #1993-8, entitled, AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT". .Johnson seconded the motion. All voted aye. Chairman Berning called the public hearing to order at 8:05 PM, to consider the variance application of School Street Development to allow them greater building height than is permitted in the ordinance. There was no one present to discuss the issue. The Commission noted that .John Weicht had previously stated that the entire apartment building, including the attic, would be sprinkled for fire protection. The Commission discussed their findings of fact. Larson made a motion to close the public hearing at 8:10 PM. The motion was seconded by Vetsch. All voted aye. Johnson made a motion to recommend that the Council approve School Street Development's application for a variance allowing them to exceed the building height allowed in the current zoning ordinance based on: PLANNING COMMISSION - 5/25/93 Page 3 of 3 1. Their findings of fact, which are attached as a permanent part of these minutes and dated May 25, 1993. 2. The fact that the eave line will be lower with a pitched roof than a flat roof, making it more accessible to the Fire Department than a flat roof would be. 3. The proposed passage of Ordinance #1993-7, which would allow this building height. Larson seconded the motion. All voted aye. The Commission next reviewed their budget through April, 1993. The Commission wants to be involved in the budgeting process for 1994 regarding their area of responsibility. Larson made a motion to recommend that the City Council appoint Council Rep Albert Barthel, to be the Planning Commission's spokesman when the 1994 budgeting process begins. Johnson seconded the motion. All voted aye. Berning made a motion to adjourn at 8:45 PM. The motion was seconded by Johnson. All voted aye. Ann Culley, Secretary VARIANCE FINDINGS OF FACT CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA NAME OF APPLICANT: DJ'S TOTAL HOME CARE CENTER Applicant is requesting a variance to allow them to use curb stops instead of curbing around their new parkinrz area. The subject property is legally described in the attached EXHIBIT A. On May 25, 1993 , the Albertville Planning Commission met at its regularly scheduled meeting to consider the application of DJ's Total Home Care Center for a Variance to allow use of curb stops instead of curbing. The Planning Commission conducted a public hearing on the proposal preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak and now makes the following findings of fact. FINDINGS OF FACT 1. The applicant is requesting a variance to allow use of curb stops instead of curbing around their new parkina area. 2. The proposal requires a variance from Section 1200.4 (16) of the Zoning Ordinance. 3. The property is zoned B-3, Highway Commercial District. 4. The legal description of the property is as follows: See attached Exhibit A. 5. Section 500.1 (c) of the Zoning Ordinance states that a variance may not be issued unless certain criteria is satisfied. The criteria and findings regarding them are: a. The variance will not impair an adequate supply of light and air to adjacent property. b. The variance will not unreasonably increase the congestion in public streets. VARIANCE - DJ'S TOTAL HOME CARE CENTER FINDINGS OF FACT PAGE 2 c. The variance will not increase the danger of fire or endanger the public safety. d. The variance will not unreasonably diminish or impair established property values within the neighborhood or in any way be contrary to the intent of the Zoning Ordinance. e. The variance will not violate the intent and purpose of the Comprehensive Plan. f. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved. Due to low lot elevations, placement of curbing as opposed to the proposed curb stops would cause a drainage problem on this site. There is no storm sewer in the immediate area to aid in drainage. g. Literal interpretation of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district and deny the applicant the ability to put the subject property to a reasonable use. h. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. i. Granting of the variance will not confer on the applicant any special privileges deemed to other lands, structures, or buildings in the same district. j. The request is not, a use variance. VARIANCE - DJ'S TOTAL HOME CARE CENTER FINDINGS OF FACT PAGE 3 k. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. RECOMMENDATION Based on the foregoing considerations and Ordinances, the Planning Commission recommends that the City Council approve the variance in the form attached hereto. ADOPTED by the Albertville Planning Commission this 25th day of May , 19 93 ALBERTVIftE PLANNING COMMISSION ATTEST: Ann Culley, Secretary OFFICIAL VOTE: Vetsch Aye Barthel Aye Larson Aye Johnson Aye Berning Abstained - :•;���`. .. ,q,:::. r � .; .r_"-!:_'. �•.. L.L._ .. _ ... ,t �. .. �' .. - _ •Y:� � .... � �.. yPrw _ v ...f.� .� •• ���. _ .._ _ _Y mil; �.. .� .�� • ... . r.'..�.. •'�....�.. .. . .. •.ice.__ .. ...., r�........u. .. .. ... - .......r.. ... ._• .. _. .. Lam. EXHIBIT A 4 FT TC POB VARIANCE - CITY OF ALBERTVILLE FINDINGS OF FACT CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA NAME OF APPLICANT: City of Albertville Applicant is requesting a variance to allow crushed granite instead of blacktop in parking lot of City Park. The subject property is located at the City Park. On May 25. 1993 , the Albertville Planning Commission met at its regularly scheduled meeting to consider the application of The City of Albertville for a Variance to allow crushed aranite instead _ar3 of blak .top in the parki_na lot at City Park. The Planning Commission conducted a public hearing on the proposal preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak and now makes the following findings of fact. FINDINGS OF FACT 1. The applicant is requesting a variance to allow use of crushed granite instead of blacktop in the parking lot 2. The proposal requires a variance from Section 1200.4 (13) of the Zoning Ordinance. 3. The property is zoned R-3. Single Family - Two Family , 4. The property is located on 58th Street and Lander Avenue. 5. Section 500.1 (c) of the Zoning Ordinance states that a variance may not be issued unless certain criteria is satisfied. The criteria and findings regarding them are: a. The variance will not, impair an adequate supply of light and air to adjacent property. b. The variance will not unreasonably increase the congestion in public streets. VARIANCE - CITY OF ALBERTVILLE FINDINGS OF FACT PAGE Z c. The variance will not increase the danger of fire or endanger the public safety. d. The variance will not unreasonably diminish or impair established property values within the neighborhood or in any way be contrary to the intent of the Zoning Ordinance. e. The variance will violate the intent and purpose of the Comprehensive Plan. f. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved. Due to low lot elevations, placement of curbing as opposed to the proposed curb stops would cause a drainage problem on this site. There is no storm sewer in the immediate area to aid in drainage. Based on visual inspection by the Commission, they find the soils to be unstable and unsuitable for blacktopping. g. Literal interpretation of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district and deny the applicant the ability to put the subject property to a reasonable use. h. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. i. Granting of the variance will not confer on the applicant any special privileges deemed to other lands, structures, or buildings in the same district. j. The request is not a use variance. VARIANCE - CITY OF ALBERTVILLE FINDINGS OF FACT PAGE 3 k. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. RECOMMENDATION Based on the foregoing considerations and Ordinances, the Planning Commission recommends that the City Council approve the variance in the form attached hereto. ADOPTED by the Albertville Planning Commission this 25th day of May , 19 93 ALBERTVILLE PLANNING COMMISSION ATTEST: Ann Culley, Secretary OFFICIAL VOTE: Barthel Aye Berning Aye Johnson Aye Larson Aye Vetsch Aye CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 1993- AN ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE (ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT" Section 1. Section 200.2 (18) of Ordinance 1988-12 is hereby amended to read as following: (18) Building Height: The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the roof deck line of mansard roofs, and to the point mid -way between the eave and ridge on all other roof types. Section 2. Effective Date. This Ordinance shall take effect and be in full force from and after its date of passage and publication. Passed by the City Council of the City of Albertville, this day of 19_ Michael Potter, Mayor ATTEST: Linda Houghton, Administrator/Clerk (Published in the Crow River News on ) VARIANCE - SCHOOL STREET DEVELOPMENT FINDINGS OF FACT CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA NAME OF APPLICANT: School Street Development Applicant is requesting a variance to allow them to build an apartment building which is higher than the ordinance allows. The subject property is legally described in the attached EXHIBIT A. On May 25, 1993 , the Albertville Planning Commission met at its regularly scheduled meeting to consider the application of School Street Development for a Variance to allow them to build an apartment building which is higher than the ordinance allows, The Planning Commission conducted a public hearing on the proposal preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak and now makes the following findings of fact. FINDINGS OF FACT 1. The applicant is requesting a variance to allow _them _to_build an apartment building which is higher than the ordinance allows 2. The proposal requires a variance from Section 200.2 (18) of the Zoning Ordinance. 3. The property is zoned P.U.D. - Planned Unit Development, 4. The legal description of the property is as follows: See attached Exhibit A. 5. Section 500.1 (c) of the Zoning Ordinance states that a variance may not be issued unless certain criteria is satisfied. The criteria and findings regarding them are: a. The variance will not impair an adequate supply of light and air to adjacent property, b. The variance will not unreasonably increase the congestion in public streets. VARIANCE - SCHOOL STREET DEVELOPMENT FINDINGS OF FACT PAGE 2 c. The variance will not increase the danger of fire or endanger the public safety. Entire building, including the attic will be sprinkled for fire protection. d. The variance will not unreasonably diminish or impair established property values within the neighborhood or in any way be contrary to the intent of the Zoning Ordinance. e. The variance will not violate the intent and purpose of the Comprehensive Plan. f. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved. Due to low lot elevations, placement of curbing as opposed to the proposed curb stops would cause a drainage problem on this site. There is no storm sewer in the immediate area to aid in drainage. g. Literal interpretation of the Ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same district nor will it deny the applicant the ability to put the subject property to a reasonable use. h. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. i. Granting of the variance will may confer on the applicant any special privileges deemed to other lands, structures, or buildings in the same district. j. The request is not a use variance. VARIANCE - SCHOOL STREET DEVELOPMENT FINDINGS OF FACT PAGE 3 k. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. RECOMMENDATION Based on the foregoing considerations, Ordinances, and the fact that the Planning Commission is also recommending approval of Ordinance #1993-8, which would make this variance request unnecessary, the Planning Commission recommends that the City Council approve the variance in the form attached hereto. ADOPTED by the Albertville Planning Commission this day of May , 19 93 ALBERTVILLE PLANNING COMMISSION ATTEST: Ann Culley, Secretary ---- OFFICIAL VOTE: Barthel Aye Berning Aye Johnson Aye Larson Aye Vetsch Aye EXHIBIT A :a! :31 lUi—BUJ-374LUU/Ui eawzzU.li AzM1—ZW14K : U « =Lid-uwZ of SCHOOL STREET DEVELC-PMENT LAND 37, SQO HS/GAR �:.. Tr PO BOX 3b8 _. EL W_ --,--:TOTAL __. t2 =LK KL tK 5,7 — 1A L M• • i3I TOT.MV 379300 w.L.EXEM is GA. L A ND W. L . w^^UAL i5i • .. . E 61 TILL.EST N.PaEST 57I - - T ILL.AC N & P QUA-L 5E-E-5.Ae N. P. MP 1C1-500-354200 --:--------------------------------—�—------------------------- _. _ I TC.00ZAG SECT-35 TNP-i2I :RANG-24 TL .00XAG_ UNPLATTED ILAND .. TC.HST.0 OF LTIBLKIWESTWINO TH S15021'10"W ALG W LN' TC.PTR OF LT23LKIWESTWINC211FT TO SW COR OF SO LT T • w • MI TC.N.HST TH NdDi6*43"E356FT..:TH N7D45*35"E1.16.66FT NH.HG/lA TH NZ4D0'0"EI45FT.TFt N2901I.061I_E83FT To Ait< 730FT TO NELY EXT OF W LN OF SD LT1TH S280 -- --------------- 49.50"W ALG SD NLY EXTCALG W LN OF LT1 293 CITY OF ALBERTVILLE FINANCIAL STATEMENT May 14 - June 2, 1993 Beginning Cash Balance May 14, 1993 INCOME (May 14 - June 2) Building Permits 2,376.82 Dog License 10.00 Interest Income 325.21 Park Donation (Lioness) 200.00 Recycling (1st Qtr.) 856.75 Sale of Snow Plow 1,350.00 Sewer License 45.00 Sewer Penalties 21.20 Sewer Receipts 13,128.87 Special Assessments 10,771.04 Storm Water Penalties 8.15 Storm Water Receipts 2,467.56 Title Search 100.00 Misc. Income 22.97 TOTAL INCOME EXPENSES (May 14 - June 23) Check #'s 7458-7492 (approved 5/17/93) 43,364.22 PAYROLL 5/5 - 5/18 Check # 7493 - Ann 495.83 Check # 7494 - Linda 784.58 Check # 7495 - Ken 715.45 Check # 7496 - Mike 584.78 Check # 7497 - PERA 332.53 TOTAL EXPENSES 31,683.57 46,777.39 $270,715.70 Ending Cash Balance June 2, 1993 $255,621.90 INVESTMENTS: CD #8816 - matures 7/10/93 @ 2.75% CD #8222 (Lions) - matures 7/19/93 @ 2.75% CD #8807 - matures 9/29/93 @ 3.5% CD #8925 - matures 6/2/93 @ 2.9% CD #8579 - matures 6/29/93 @ 3.05 Piper-Jaffray Investments TOTAL INVESTMENTS 564,933.25 31,034.75 356,108.22 107,514.67 157,189.40 455,324.13 $1,672,104.42 CITY OF ALBERTVILLE BILLS TO BE PAID JUNE 7, 1993 Check No. Vendor Reason Amount 7502 AT & T May -Oct Maint. 69.84 7503 Advanced Wireless Comm. F.D. Pagers 9,982.36 7504 Barthel Masonry Park Shelter 2,845.00 7505 Bizmart Ofc. Supplies 305.19 7506 Black, Scott F.D. Mileage 317.50 7507 Braun, Bob F.D. Train, Mlg. 109.00 7508 Buffalo Bituminous Partial Pmt. #1 18,166.05 7509 Campbell, Joe EMT Training 250.00 7510 Central Rivers Parks-Fertlzr,etc. 213.40 7511 Chicos, Chad 1st Respond Trng. 150.00 7512 Communication Auditors F.D. Equip. Maint. 109.12 7513 Comprehensive Med. Care F.D. Hepatitis Shots 210.00 7514 Diversified Insp. Srvcs. Bldg. Insp. Srvcs. 912.16 7515 Erickson"s Sales Shop equip. 92.92 7516 Eull Concrete Sts.-Cement 15.00 7517 Feed Rite Alum & Testing 2,856.84 7518 Hach Company Ponds -equip. 39.23 7519 Houghton, Linda Mileage 29.25 7520 J. Becher & Assoc. AFCD-Elec. Srvc. 1,495.00 7521 LaPlant Sanitation May Srvc. 115.56 7522 Lewis Insulating Park Shelter 100.00 7523 Lindsay, Ken Jr. Part-time Parks 15.00 7524 Long Lake Tractor Loader repair 711.11 7525 MedCenters Health Ins. 1,122.40 7526 Meiney"s Diggers 7527 Meyer-Rohlin 7528 Minnegasco 7529 MN Dept. of Revenue 7530 Monticello -Big Lake Hosp 7531 NSP 7532 Northern 7533 PERA Life Ins. 7534 PERA 7535 Pepsi Cola Co. 7536 Persian Bus. Equip. 7537 Pitney Bowes 7538 Quality Flow Syst. 7539 R.adzwill Law Office 7540 Roden, Ken 7541 San -Tom Enterprises 7542 Security Bank NW 7543 Springsted 7544 St. Michael Floral 7545 St. Michael Laundry 7546 United Telephone 7547 Vetsch Custom Cabinets 7548 Vetsch, John 7549 Watson Appraisal Tile replcmt-Becker 1,113.50 May 5,628.50 5801 Lander 17.95 City Hall 47.71 65.66 Apr/May Income Tax 892.85 1st Resp. Refresher 27.00 St. Lights 1,918.48 6002 Main 7.68 C.H. 120.52 Lift Sta. 51.72 Ballfield 98.58 2,196.98 Park repairs 51.44 Linda & Ann 24.00 PR end 6/1 344.24 Period 6 rent 10.65 Repair Fax Mach. 171.20 Postage Meter Rent 38.00 Lift Sta. Repair 163.00 May Legal 3,525.00 1st Resp. Training 150.00 Street Sweeping 585.00 May Fed Tax W/H 2,200.08 Fncl. Srvcs. 1,200.00 Flowers -Rutkowski 23.80 F.D. Clean Blankets 8.50 Park 27.29 C.H. 23.3,99 261.28 Park Shelter 560.00 1st Resp. Training 150.00 WW Commercial 1,200.00 7550 Wright County J. Press 7551 Wright County Recorder 7552 Wright County Sheriff 7553 Wright County Treas. 7554 Wright Recycling 7555 Anderson, Sharon 7556 Barthel, Albert 7557 Berning, Duane 7558 Potter, Mike 7559 Vetsch, John TOTAL BILLS May Legals 76.95 Dvlpr's. Agrmt-WW 3 33.00 April Protection 2,600.63 Homestead Cards 161.65 May Recycling 435.00 May Council 120.05 May Council 114.44 May Council 106.20 May Council 230.87 May Council 106.20 $64,402.83 M E M 0 TO: CITY COUNCIL FROM: LINDA HOUGHTON DATE: JUNE 2, 1993 RE: FIRE BUILDING COMMITTEE This is to advise you that only two people have contacted me and expressed their interest in being appointed to the Fire Building Committee. They are: Cheryl Robertus Jim Walsh ORDINANCE NO. 1993-9 AN ORDINANCE AMENDING ORDINANCE NO. 1988-2 ENTITLED "AN ORDINANCE PROHIBITING SMOKING IN THE COUNCIL CHAMBERS OF CITY HALL AND PROVIDING A PENALTY FOR VIOLATION THEREOF" BY PROHIBITING SMOKING IN ALL CITY OWNED BUILDINGS AND VEHICLES The City Council of the City of Albertville, Minnesota, ordains: Ordinance No. 1988-2, entitled "An Ordinance Prohibiting Smoking in the Council Chambers of City Hall and Providing a Penalty for Violation Thereof", passed by the City Council on January 19, 1988, is amended as follows: Section 1. Declaration. The purpose of this Ordinance is to protect public health, comfort and environment. Section 2. Definition. As used in this Ordinance, the following terms shall have the following respective meanings: "City Owned Buildings" means all portions of City Hall, all portions of park shelters presently in existence and any and all future buildings constructed or purchased by the City. "City Owned Vehicles" includes all vehicles, including but not limited to, trucks, snow plows, fire trucks and rescue vans, currently owned by the City and any and all vehicles purchased by the City after the date of passage of this Ordinance. "Smoking" includes carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. Section 3. Prohibition. No person shall smoke in City owned buildings or vehicles at any time. Section 4. No Smoking Signs. The City Clerk shall post appropriate signs indicating that all city owned buildings and vehicles are No Smoking areas. Section 5. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. PASSED by the City Council of the City of Albertville this 7th day of June, 1993. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk Published in the Wright County Journal -Press on Thursday, June 10, 1993. J14TY Q� 2 I1?%Z 130m '� 47 fi"o 17 .dy 7855 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Norm Gartner Albertville City Engineer Meyer-Rohlin I I I I Hwy 25 No. Buffalo, Mn. 55313 Wright County Public Works Building Route No. 1 - Box 97-B Buffalo, Minnesota 55313 Jct. T.H. 25 and C.R. 138 Telephone (612) 682-7383 March 16, 1993 Re: 1992-IIB Improvement Project County Payment for Street Restoration Dear Norm: WAYNE A. FINGALSON, P.E. Highway Engineer 682.7388 DAVID K. MONTEBELLO, P.E. Assistant Highway Engineer 682-7387 RICHARD E. MARQUETTE Right of Way Agent 682-7386 The purpose of this letter is to inform you of the County's decision with respect to contributing to the restoration of the street for the above -referenced project. The County discussed their funding of the street restoration at length at the March loth Ways and Means Committee meeting and has determined that the County Engineer's recommendation of 50% pavement for surfacing costs is appropriate. This contribution is consistent with other similar projects. As a result of the direction given to me, I have enclosed a copy of the construction funding agreement for the City's ratification. Please see that four copies of the agreement are signed and returned to our office for further processing. Two copies of the signed agreements will be returned to you upon completion by the County. Sincerely, Dave Montebello, P.E. Assistant County Engineer PC: Wayne Fingalson, County Engineer Judy Rose, County Commissioner Project File Nila Ellis, Highway Accountant Equal Opportunity / Affirmative Action Employer STATE OF MINNESOTA FOR BOARD USE ONLY GAMBLING CONTROL BOARD ORGANIZATION LICENSE RENEWAL APPLICATION LG 210OR PRINTED:04/13/93 LICENSE NUMBER:B-01535 EFFECTIVE DATE:10/01/91 EXPIRATION DATE:09/30/93 ORGANIZATION INFORMATION Lions Albertville Club MN SALES & USE TAX PERMIT #: 411311337 Box 82 Albertvillle MN 55301 - COUNTY:Wright PHONE NUMBER: 612-497-*2w CHIEF EXECUTIVE OFFICER INFORMATION Y DATE OF BIRTH: -7-749-41edlar--Avs s s7�s� N�= L,,, -- Monticallo—MN 55362 -T ?%/ PHONE NUMBER: 6+2•-4-91-3T31- TREASURER INFORMATION DATE OF BIRTH: 02/27/37 Edmund DeMars PHONE NUMBER: 612-497-2054 ORGANIZATIONS REGULARLY SCHEDULED MEETINGS ARE: 1ST WED/MONTH AT 8:00 PM NUMBER OF ACTIVE MEMBERS OVER THE AGE OF 18: 45 LAST MONTH/YEAR OF EXPENSE CALCULATIONS: 06/91 WITH AN ENDING BALANCE OF: $13030.00 ACKNOWLEDGMENT I DECLARE THAT: -I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; -ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; -THE COMPENSATION SCHEDULE IS CURRENT AND ON FILE WITH THE BOARD; -THE PROOF OF NONPROFIT STATUS FOR THE ORGANIZATION IS ON FILE WITH THE BOARD; -OUR ORGANIZATION REMAINS IN GOOD STANDING AS A NONPROFIT CORPORATION WITH THE MINNESOTA SECRETARY OF STATE'S OFFICE AND/OR CONTINUES TO BE RECOGNIZED BY THE INTERNAL REVENUE SERVICE AS AN INCOME TAX EXEMPT ORGANIZATION AND, IF APPLICABLE, OUR CHARTER REMAINS IN GOOD STANDING WITH OUR NATIONAL ORGANIZATION; -THE INTERNAL CONTROLS ARE CURRENT AND ON FILE WITH THE BOARD; -ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; -I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; -I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; -I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF LICENSED, TO ABIDE BY THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; -A MEMBERSHIP LIST OF THE ORGANIZATION WILL BE AVAILABLE WITHIN SEVEN DAYS AFTER IT IS REQUESTED BY THE GAMBLING CONTROL BOARD; -ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND THE LOCAL UNIT OF GOVERNMENT WITHIN 10 DAYS OF THE CHANGE; -A LICENSE TERMINATION PLAN WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD WITHIN 15 DAYS OF TERMINATION OF ALL PREMISES PERMIT(S); -THE GAMBLING MANAGER IS BONDED AND LICENSED AS REQUIRED BY MINNESOTA STATUTE; AND -I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE LICENSE. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE LG200 B (7/28/92) Minnesota Lawful Gambling Organization Officers Affidavit STATE OF AFFIDAVIT OF QUALIFICATION S.S. OF OFFICERS FOR ORGANIZATION LICENSE COUNTY OF ► i r— a ) AND CONSENT STATEMENT (Pursuant to Minnesota Statute 349.16, Subd. 2e) under oath state that within the previous (type/print name) five years: 1. I have not been convicted in a federal or state court of a felony or gross misdemeanor. 2. I have never been convicted of a crime involving gambling. 3. I have not had a license issued by the Lawful Gambling Control Board or Director revoked for a violation of law or board rule. In addition, I understand, agree and hereby irrevocably consent that suits and actions relating to the subject matter of the organization license application, or acts or omissions arising from such application, may be commenced against my organization and I will accept the service of process for my organization in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process or pleading authorized by the laws of Minnesota. By signature of this document, the undersigned authorizes the Department of Public Safety to conduct a criminal background check or review and to share the results with the Lawful Gambling Control Board. Failure to provide required information or providing false or misleading information may result in the denial or revoca- tion of the license. FURTHER AFFIANT SAYETH NOT, except that this Affidavit and Consent Statement are submitted in support of the application for an organization license from the Lawful Gambling Control Board. NOTARY PUBLIC INFORMATION Seal may = be altered. Subscribed and sworn to before me this 19 Public K+iN C. ADAW 40TA.RY PieLr. - iM *4ESWA %VR$Gi1T COUNTY a n+sw: ExpOn Mw. 4,1M (signature of applicant) APPLICANT INFORMATION Chief Executive Officer ❑ Treasurer (� Effective date of officer change Home Address /1(•.�Y �o �S� N� City S tate Zip Phone Date of Birth Name of Organization License Number f: 1 TY OF AT,BERTV T m.F. RFSOLUTTON APPROVING CLASS B GAMBLING LICENSE FOR LIONS CLUB OF ALBERTVILLE WHEREAS, the i.,ions Club of Albertville has made application with the Minnesota Charitable gambling Control Board for the renewal of its Class T3 (Raffles,, Paddlewheels, Tipboar.ds, Pull - tabs) gambling lirPn.9e; and WHEREAS, the City of AlbertvillA has an npporhinity within thirty (30) days from the receipt of this application, to disallow fh- gambIi.ng activity by filing a No tire of D.isalIOWanCe within thirty (30) days of said date; NOW, THEREFORE, BE IT RESOLVED, that the City of Albertville sperifi.cally waives its thirty (30) day right to serve notice of disallowance of said application, and does, with this resolution., herby consent to said application. Passed by the Albertville City Council this I.st day of .7nly, 1.991. .Tames A. Walsh, Mayor A1-ttest. 1 � , Linda Houahton, (;it.y Clerk STATE OF MINNESOTA GAMBLING CONTROL BOARD GAMBLING MANAGER LICENSE RENEWAL APPLICATION LG212GMR PRINTED: 04/13/93 FOR BOARD USE ONLY AMT. PAID CHECK if DATE LICENSE NUMBER: G-01535 001 EFFECTIVE DATE: 10/01/92 EXPIRATION DATE: 09/30/93 NAME OF ORGANIZATION: Lions Albertville Club Rand Carroll Patton 10503 80th St NE Monticello MN 55362 DAYTIME PHONE NUMBER: 612-497-2382 MEMBER SINCE: 02/10/78 GAMBLING MANAGER INFORMATION DATE OF BIRTH: 04/13/40 SEX: M SOCIAL SECURITY NUMBER: 472-44-5725 LAST DATE YOU ATTENDED A GAMBLING MANAGERS SEMINAR/CONTINUING EDUCATION CLASS: 08/18/92 BOND INFORMATION BOND COMPANY NAME: State Surety BOND NUMBER: RNS409573 I DECLARE THAT: • I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; • ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; • ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; • I AM THE ONLY GAMBLING MANAGER OF THE ORGANIZATION; • I HAVE BEEN AN ACTIVE MEMBER OF THE ORGANIZATION FOR AT LEAST TWO YEARS; • I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF LICENSED, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN 10 DAYS OF THE CHANGE; • AN AFFIDAVIT FOR GAMBLING MANAGER HAS BEEN COMPLETED AND ATTACHED; AND • I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE LICENSE. SIGNATURE OF GAMBLING MANAGER REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 WEST COUNTY ROAD B, SUITE 300S ROSEVILLE, MINNESOTA 55113 DATE THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST. LG213 Minnewta Lalllful GanthUng (Rev. 6/12/92) Gambling Manager Affidavit (Attach to the Gambling Manager Application, Form LG212) STATE OF H / (V l V 5 AFFIDAVIT OF QUALIFICATION S.S. FOR GAMBLING MANAGER LICENSE COUNTY OF A'9 /Z / '-_ H 7 - ) AND CONSENT STATEMENT (Pursuant to Minnesota Statute 349.16 Subd. 2(e) and Minnesota Rule 7861.0030,Subp. 12B(3)) 1, 54 �) 0 C_ %%n l V under oath state that: (type/print name) 1. I have never been convicted of a felony. 2. 1 have not, within five years, committed a violation of law or board rule that resulted in the revocation of a license issued by the Lawful Gambling Control Board. 3. 1 have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. 1 have never been convicted of assault, a criminal violation involving the use of a firearm, or making terroristic threats. 5. 1 am not an assistant gambling manager for any other organization. 6. 1 am not a gambling manager for any other organization. In addition, I understand, agree and hereby irrevocably consent that suits and actions relating to the subject matter of the attached gambling manager license, or acts or omissions arising from such application, may be commenced against my organization and I will accept the service of process for my organization in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process or pleading authorized by the laws of Minnesota. By signature of this document, the undersigned authorizes the Department of Public Safety to conduct a criminal background check or review and to share the results with the Lawful Gambling Control Board. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Subscribed and swom to before me this Z day of e- 19_9-3 County Notary Public My commission expires. y (Signature of applicant - gambling manager) ze jE E7-0 T-GG,�F_. o /V_T (Name of organization) License number LaNetta M. Van Dale !i NOTARY PUBUC-MINNESOTA WRIGHT COUNTY My Commission Expires June 29. 1994 LG2008 (7/2M2) Minnesota Lawful Gambling Organization Officers Affidavit STATE OF i rat eS0A ) AFFIDAVIT OF QUALIFICATION S.S. OF OFFICERS FOR ORGANIZATION LICENSE COUNTY OF 'J✓ r,: �� ) AND CONSENT STATEMENT (Pursuant to Minnesota Statute 349.16, Subd. 2e) I, -Lc- M ,a f, S Ile f`>c , under oath state that within the previous (type/print name) rive years: 1. I have not been convicted in a federal or state court of a felony or gross misdemeanor. 2. I have never been convicted of a crime involving gambling. 3. I have not had a license issued by the Lawful Gambling Control Board or Director revokers for a violation of law or board rule. In addition, I understand, agree and hereby irrevocably consent that suits and actions relating to the subject matter of the organization license application, or acts or omissions arising from such application, may be commenced against my organization and I will accept the service of process for my organization in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process or pleading authorized by the laws of Minnesota. By signature of this document, the undersigned authorizes the Department of Public Safety to conduct a criminal background check or review and to share the results with the Lawful Gambling Control Board. Failure to provide required information or providing false or misleading information may result in the denial or revoca- tion of the license. FURTHER AFFIANT SAYETH NOT, except that this Affidavit and Consent Statement are submitted in support of the application for an organization license from the Lawful Gambling Control Board. NOTARY PUBLIC INFORMATION Notary Public Seal must be current and correct. Seal may not be altered. Subscribed and sworn to before me this 2 day of i3 'l� Notary Public P000000LaNetta M. Van Dale ALi NOTARY PUBLIC—MINNESOTA R WRIGHT COUNTY �•� My Commission Expires June 29, 1994 (sig4iitore of applicant) APPLICANT INFORMATION Chief Executive Officer.,( Treasurer ❑ Effective date of officer change 7 Home Address City State A/ Zip SJ Phone Date of Birth / Name of Organization %/-4.'14' //C� _"Ci7� License Number STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION LG214PPR PRINTED:04/13/93 LICENSE NUMBER: B-01535-001 EFFECTIVE DATE: 10/01/91 NAME OF ORGA.'vIZATION:"Lions Albertville Club FOR BOARD USE ONLY AMT PAID CHECK NO. DATE EXPIRATION DATE: 09/30/93 GAMBLING PREMISES INFORMATION NAYX OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: John. Woods 5794 Main Ave N _ Albertville MN 55301 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Michael Zachman SQUARE FEE! y"PER MONTH .Y,� : > 30 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET:" PER" OCCASION:`, 0 AMOUNT PAID PER OCCASION: 0 �,. BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No STORAGE ADDRESS 10503 80th St NE Monticello MN 55362 BANK INFORMATION Security Banff 'z€ort'hwea°- St Michael St Michael MN 552'76 GAMBLING BANK ACCOUNT NUMBER: 250761200 ON THE LINES PROVIDED BELOW, LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE feORGANtIZATION!''S//TREASURER / MAY 7 eNOT HANDLE NGAMBLING FUNDS. c�c�7 C� [/ � T t el 11� / .1 �`% �S[ . xoi /71 � )v4Z A, —t 3 3,1 e417 Oql ^� /ASr'� g ��` �s /UE` /t%�7��0 �� if✓ 3G� /� r2- (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT AILING PREMISES AUTHORIZATION HEREBY GIVE CONSENT TO LOCAL LAW ENFORCE MENT OpUBLICSSAFETY, G ORLAGENTS ING NOFOBOARD, THE COMMISSIONERSOR S F THE BOARD, OR THE COMMISSIONER OF REVENUE OR 0 ENTER THE PREMISES TO ENFORCE THE TAW. CAM RECORDS INFORMATION 'HE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT ►HENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. DECLARE THAT: • '.r I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;ol ALL OTHER REQUIRED INFORMATION HAS ,BEEN FULLY DISCLOSED, • I AM THE CHIEF EXECUTIVE OFFICER OF.THE ORGANIZATION; • I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION_ OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; • I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS, TO THEM; • ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN. ITEN DAYS OF THE CHANGE; • Z UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. DATE gIGRE OF CHIEF EXECUTIVE OFFICER 102 LOCAL GOVERNMENT CXNOWLEDGMENT U ; 1, THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. ** AND TOWNSHIP** MUST SIGN THIS APPLICATIONFIF THE GAMBLING PREMISES IS 2. THE COUNTY - LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED ORUNT� UNINCORPORATED, HIPS THE E COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION.;, 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS SHOULD NOT BE SUBMITTED APPLICATION.` 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT TO THE GAMBLING CONTROL BOARD., TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. TOWNSHIP** CITY* OR COUNTY** ICITY OR COUNTY NAME SHIP NAME .4- SIGNATURE OF PERSON RECEIVING APPLICATION TITLE SIGNATURE OF P DATE RECEIVED I TITLE IVING APPLICATION REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B — SUITE 300 S ROSEVILLE, MN 55113 DATE =I LG202 (10281921 i �Z Name and Address of Lessorf n UJoS Af,dr e � Z4c.f Name of Legal Owner of Gambling Prem ame, anc Name of C �d City/Zip Code Phone nY ip, e. License Number, if known .ts4�S3S ©c�/ The lawful gambling' activity which the organization will conduct is (check all that apply) C1 bingo --raffles,§ .paddlewheels CME�pull-tabs . -� tipboards Rent Information (See'Rules 7861.0060, Subp 21)) Class A and C premises permits: Class B and D premises permits: Rent for bingo and all other gambling activities conducted Rent for gambling activities not including bingo during that bingo occasion.may not exceed: is a maximum of $1000 per morth. $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square fee Re 5. Rent to be paid per month $ Rent may not IMiRmTerperce n prof from 1. l . r lawful gating, or on the number of participants attending abingo occasid An organization may not pay rent to itself or toits affiliates for space used for the conduct of lawful gambling. rremsses ves�� swn The area(s) leased withimANe- premises are s' feet by G feet, for a total of square feet. ` feet by feet, for a total of square feet. feet by' ' feet, for a total of _ square feet. Combined total SO square feet the leased areas_ n 1,9 S fora eja% The lease will go intoi efe: � Times and Da SO B`[ttt O _ 3ra 19 and well end at 12 00 a m onca Wane! indicate NtA :.. NIA <. The bingo occasions will be held (a maximum of T bingo occasions per organization): from (hours) (a.mJp.m.) to (amJp.m.) on (days of week) ` from (hours) (a.mJp.m.) to (a m1p.m.) on (days of week) from (hours) (a.mJp.m.) to (amJp.m.) on (days of week) from (hours) (a.mJp.m.) to (amJp.rr) on (days of week) from (hours) - (a.mJp.m.) to (amJp.m.) on (days of week) from (hours) (a.mJp.m.) to (a m./p.m.) on (days of week) from (hours) (a.mJp.m.) to (amJp.m.) on (days of week) aeein$ t� e terms of,5 `�19t, It is mutually agreed that: 39 • ..Nhen leasi�9ti0i� a ikensed bingo W, the lessor must be legal owner of the property r "ling at the premises. or the {essoc may not manage 9!b ees of the lessee maY no' • The owner of the property { and any agents or employ ed{ate family, remises. nufacture • The lessor of the p remises, his or her imm ambling on the leased P participate as players in the conduct of (awful 9 r. direct or indirad financial interest in the distnbuti°^ o ublic safety or • The lessor and the lessee do not have a8 Comm►sSioner of F and law ui tnent of t eccomr °� ganization to of gambling eq P < ;R card ar agents of theo8 a an will allow the B evenue or may not imP°sf'tts. Y eats remises or the �mR„�wner of R onable time, an P e lessor the use Pro of • The lessor of the P �ioner, the ptemiseS at anY rem of this lease- ices, etu5 _ �r�ilt from.the agents of the cerscnnei to insPedmiser according to the tem.0 equip;-" seN enforcement Person'. d�utors a and a Pr 1es of lawful__ lawful gambling the Prea�ding lawf 9 "t�'' , manager I,cens taws and ru .- conduct a organization reg ling ►n9 with the conditions on th n organzation ricense ble for comPry _ nt, a sketch'r"t s an organ control mu twin an¢ation will be resP° �. ' �-"'�tory gamb`ing divide b been the lessee must obtain The or9n9 Control 80 , a Rent rove geParation ° . Gam. ducted °n the mbl►n s ling 9 am sd a clear Phys�� . Mu as have, a the l re ment. flies are not con view• On •The otgaci►z�tf the Prey die lessor's bus►ne e4 � . oes business actN carting th 1 � the less asiori violations oc dimensionsu�ment gatnblin9 a responsible for ensuring li4uOr, Prostitution or tax ev easonab le •The organization will b anY 'gattblin9� during a^y time r leased Prem,$as mated immediateN {Or to the 1',ce^ eed upo ^ this fe a dd onal Sheets leasersh�es a term the lessee demises and as agree a lease' Attach a on the Ptem shall ptOvid ling °n the. P ed as Patt of th ises ul gamb •includ .She lessor °aN e° conduct la`s be Y ess r reStrictions that,H,11 f and nec conditions .111 in anY otherkk% 5 • �Y`lyde atiyi ,. actN�,eser necess artibW19 and oth ctin9lau19 ling days duas to the 1a`r'h, 8°ad ith+n �o �af+on cOn o error and t Ne 3n theorgan y Gamb1�n9 C°�tt - Date et`Nean the 1 re4uiced b bm+tted t�_ 1 le�eei only agree o he cons . \erase mustbe s ... �tlon ofticia e total and nt and no anger in V"s ,ter f u� of organ , '(ham lease isoi 011ie agts ; a.' Any °� ate nat There is no rs reled to th,s �' p matteths hangs' x Ct<1e },cation renewal o When - o s � / 6rm+t apP 5►9 ed Wah the Prefi,ses P le ns,ons cn�stbe Subtrtt j2g(921 D�(� d,me h ,Mth crol Bard goo S f this leases occur to'. d sk GampC,n9 Road 8, Sd6}t3 chaff g s .m the lei tit 1 �W 5 MiMeSOta