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1993-11-01 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA November 1, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * October 18, 1993 V. APPROVAL OF THE MINUTES * October 13, 1993 - Joint Council/Park Board * October 18, 1993 - Special Meeting - HRA * October 18, 1993 - Regular Meeting VI. COMHJJNITY FORUM - 10 MINUTE LIMIT - Karen Corwin, K.D.'s Family Restaurant °,Request change of hours for Sunday Liquor VII. DEPARTMENT BUSINESS A. MAINTENANCE DEPARTMENT - Discusssion on snow plowing B. ENGINEERING - Discuss Co. Rd. 37 - Project Updates 8:30 PM C. LEGAL - Clinic Contract - Parkside 2nd Addition - Final Plat Approval -Approve Developer's Agrmt. - 50th Street - Pass resolution to fix cost and to determine what costs are to be assessed. - Schedule Public Hearing to discuss assessment on Nov 22, 23, or 29. Project Updates D. ADMINISTRATION * Financial Statement (October 14 - October 27) * Approve bills (Check #7924 - #7961) - Decide whether the City should continue to act as LGU for Wetland Rules * Approve Law Enforcement Contract with Wright County Sheriff's Dept for 1994 through 1995 • C7 • - Consider adoption of ORDINANCE #1993-16 (AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION - Consider adoption of ORDINANCE #1993-17 (AN ORDINANCE REGULATING THE LICENSING OF COIN OPERATED AMUSEMENT DEVICES AND SETTING FEES FOR SAME Consider adoption of ORDINANCE #1993-18 (AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION VIII. OTHER BUSINESS IX. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES 7:00 PM, November 3 7:00 PM, November 9 7:30 PM, November 15 7:00 PM, November 18 Budget Meeting Planning & Zoning Commission Regular City Council Meeting Park Board n ALBERTVILLE CITY COUNCIL November 1, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, City Clerk Linda Houghton, City Engineers Thore Meyer, Ron Guerts, and Norm Gartner, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. Councilmember Vetsch requested that 50th Street concerns be addressed under Engineering. Berning made a motion to approve the agenda as presented. Barthel seconded the motion. All voted aye. Councilmember Berning requested that Linda draft an ordinance prohibiting the issuance of building permits before curb, gutter and Class 5 gravel has been installed for the Council to consider at the next meeting. Barthel made a motion to approve the Follow -Up sheet from the October 18, 1993, meeting. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 13, 1993, joint meeting with the Park Board. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 18, 1993, special meeting concerning HRA's. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 18, 1993, regular City Council meeting. Vetsch seconded the motion. All voted aye. Karen Corwin requested the City consider approval of the sale of alcoholic beverages at KD's Family Restaurant on Sundays at 11:00 AM vs. the current time of 12:00 noon. Anderson made a motion to set a public hearing to consider Corwin's request for 7:00 PM on Tuesday, November 23, 1993. Corwin agreed to pay the all City costs for the public hearing. Barthel seconded the motion. All,,voted aye. Dennis Fehn addresses the Council with his concerns that Barthel Industrial Drive will be opened as a gravel street. He stated there is a safety question with the misalignment of MacIver Avenue NE and Barthel Industrial Drive. He believes that truck traffic from Barthel Industrial Drive will not have enough room to make the turn onto MacIver Avenue. Dust control will also be an issue for Fehns. Ken Lindsay suggested that crushed bituminous ALBERTVILLE CITY COUNCIL November 1, 1993 Page 2 of 5 could be used rather that Class 5 to help with the dust issue. Mayor Potter stated that it is his intention to reopen Barthel Industrial Drive and pave it at the same time. The costs of the improvements could be assessed partially to the lots in Barthel Industrial Park. The Council's consensus is that the portion of Barthel Industrial Drive now closed will remain closed through this winter. Linda was directed to notify emergency operations that the street is closed. Doug Psyk requested the Council reduce his Letter of Credit for improvements for Psyk's 5th Addition. The developer's agreement for Pyyk's 5th Addition was based on the assumption that the project would be constructed under the 429 assessment statutes. Psyk has since decided to pay for the improvements himself and has reimbursed the City for all costs as they have been presented. Attorney Couri has been consulted and indicated to Linda that he could not see a risk to the City in reducing the amount of the Letter of Credit. City Engineer Thore Meyer will determine the cost of the improvements remaining and the Council will consider the reduction in the Letter of Credit at the next Council meeting. Ken Lindsay discussed snow plowing with the Council. Since ^ Mike is required to spend a minimum of two hours a day in the parks, Ken is unsure whether there will be adequate time to complete the snowplowing during an eight -hour day. The Council stated that if it takes more than eight hours to plow snow, the maintenance department should complete the job and take the extra time spent off the next day. Ken was also directed to put together a list of potential part-time employees to call upon in situations where additional help is required. City Engineer Thore Meyer pointed out a safety concern with the alignment of the County Road 19 and County Road 37 intersection. School buses are unable to make a complete turn from County Road 37 onto County Road 19 because of the railroad crossing stop required. Linda was directed to draft a letter to Wayne Fingalson, Wright County Engineer, to request that this area be placed on the County's Five Year Plan. Thore stated that the drainage concerns from Falbo's may be a legitimate concern, and he will keep an eye on the drainage situation from the outlet of the storm sewer in this area. Vetsch questioned why a guard rail was not installed by Falbo's property. Thore stated that a guard rail was initially included in the Feasibility Study was not included in the plans and specs because it was not necessary. ALBERTVILLE CITY COUNCIL November 1, 1993 Page 3 of 5 The Joint Powers Board also have some concerns with a fire hydrant along 50th Street. Thore was directed to send a letter to Joint Powers explaining how the hydrants were raised. City Engineer Norm Gartner reported that all contractors in the City are having a very difficult time meeting the density requirements because of the excess moisture in the soil. The contractors are getting the best density possible, somewhere in the 95% area. The City specs calls for a 98% density test. Consequently the first lift of blacktop will probably not be installed until next spring. Norm stated there should be no voids because the soil is wet, but settlements may occur. He will determine if a geotextile fabric is necessary beneath the gravel base. Attorney Couri presented the agreement to release Healthspan from its clinic lease. The agreement calls for Healthspan to provide $30,000 for the costs of renovating the building. Of that amount a bid for $28,762 for interior renovations has been received from Timco. Healthspan will place the balance of the $30,000 not needed for interior renovations in a capital projects account for the City to use in the parking area. Berning made a motion to approve the Agreement to Terminate Lease as presented. Anderson seconded the motion. All voted aye. The Developer's Agreement for the Parkside 2nd Addition was presented. Since all utility and street improvements in this addition were included with the Parkside 1st Addition, there is no need for a Letter of Credit for those improvements. A Letter of Credit must be provided, however, for boulevard improvements, total costs estimated at $17,280. Anderson made a motion to approve the Developer's Agreement for Parkside 2nd Addition with the Letter of Credit established at 60% of the estimated boulevard improvements costs. Barthel seconded the motion. All voted aye. Barthel made a motion to grant final plat approval to Parkside 2nd Addition, subject to the following: (1) The developer enters into a Developer's Agreement with the City. (2) Payment of Park Dedication Fees for the plat in the amount of $6,120.00. (3) The developer provides an irrevocable letter of credit in the amount of $10,368.00. (4) Sewer connections are subject to MPCA approval of the wastewater treatment facility expansion. Vetsch seconded the motion. All voted aye. Berning made a motion to conduct a public hearing to certify the assessment roll for the 50th Street Improvement Project for ALBERTVILLE CITY COUNCIL November 1, 1993 Page 4 of 5 Tuesday, November 23, 1993, at 7:30 PM. Vetsch seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1993-37 entitled RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT. Vetsch seconded the motion. All voted aye. Anderson made a motion to set a special meeting to adopt a proposed assessment roll for the 50th Street Improvement Project for Thursday, November 4, 1993, at 6:30 PM. Vetsch seconded the motion. All voted aye. Attorney Couri reported that the complaint concerning the failed septic system on the Ralph Ackerman property is mostly complete and should be submitted to the County by Wednesday. Barthel made a motion to approve the Financial Statement for the period October 14 through October 27 as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #7924-#7961 as presented. Check #7951 to Rice Lake Contracting in the amount of $156,434.60 will be held until the City receives the first portion of the reimbursement of expenses from PFA funds. Vetsch seconded the motion. All voted aye. Anderson made a motion to delegate local government unit responsibility for the City of Albertville for wetland regulations to the Wright Soil and Water Conservation District (SWCD) on a one year trial basis. Barthel seconded the motion. Berning, Vetsch, Anderson and Barthel voted aye. Potter voted no. The motion carried. Barthel made a motion to approve the Law Enforcement Contract with Wright County Sheriff's Department for 1994 and 1995. Vetsch seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE #1993-16 entitled AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. Anderson seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1993-17 entitled AN ORDINANCE REGULATING THE LICENSING OF COIN OPERATED AMUSEMENT DEVICES AND SETTING FEES FOR SAME. Barthel seconded the motion. .-. The Council reviewed proposed Ordinance #1993-18 entitled An Ordinance Relating to Noise, Providing for the Elimination and ALBERTVILLE CITY COUNCIL November 1, 1993 Page 5 of 5 Prevention of Prohibited Noise, and Imposing Penalties for Violation. The Council concurred to table discussion of this proposed ordinance and consider it again at the next regular Council meeting. Anderson made a motion to adjourn at 10:10 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Cl 11 k n ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS November 1, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - October 18, 1993 Meeting - Minutes of October 13, 1993 - Joint Meeting - Minutes of October 18, 1993 - HRA Meeting - Minutes of October 18, 1993 - City Council - Financial Statement (October 14 - October 27) - Approve bills (Check #7924 - #7961) - Approve Law Enforcement Contract with Wright County Sheriff's Dept for 1994 through 1995 CITY OF ALBERTVILLE FOLLOW UP SHEET OCTOBER 18, 1993 DATE ACTION TO BE TAKEN PERSON 1993 6/21. Review sewer rates in 6 months. CbU-ACil 10/4 Address final approvals for connections to Joint Potter 10/25 Powers system to be an administrative derision Vetsch 10/18 Withdraw $12,000 from Lions CD and reinvest Linda 10/20 balance in new CD 10/18 Send letter to Dennis Fehn re: Private Drive Linda 10/27 sign 10/18 Contact NSP regarding lighting the Park & Ride Linda 10/23 and get costs for Potter & Vetsch 10/18 Contact Kevin Mealhouse and Wright County Civil Linda 10/28 Defense Director re: civil defense siren JOINT MEETING ALBERTVILLE CITY COUNCIL/PARK BOARD October 13, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, Park Board members Marvin Vetsch, Kevin McIntosh, and Anita Roden, City employees Mike Rutkowski and Ken Lindsay, City Clerk Linda Houghton Mayor Potter opened the meeting at 7:07 PM. The purpose of the meeting is to follow-up on the discussion of park maintenance. Park Board Chairman Mary Vetsch stated that he would like to see more of a commitment to the parks. He feels that the parks are the very last order of priority in the City. Other park members were in agreement with Vetsch's statement. Since Mike Rutkowski has been put in charge of the parks, Anita Roden indicated that things were operating more smoothly, but the Park Board is concerned over the fact that Mike rarely puts in 16 hours weekly in the parks. The Park Board asked for better clarifications on time sheets for the hours attributed to the parks. The Council reiterated that Mike has been directed to spend 16 hours a week in the park. The Council agreed that Mike will spend a minimum of two hours a day in the parks, but that the entire 16 hours per week would be required. Ken will not assist in the parks unless a job requires two people. Anderson made a motion to adjourn at 9:05 PM. Vetsch seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk SPECIAL MEETING ALBERTVILLE CITY COUNCIL October 18, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, City Clerk Linda Houghton Mayor Potter called the special meeting to order. The purpose of the meeting is to consider options for establishing an HRA (Housing Redevelopment Authority) for the purpose of financing City projects. Dean Otterson of the St. Cloud HRA and the director of the Stearns County HRA presented the Council with information on setting up its own HRA or EDA. He explained that the Council must conduct a public hearing regarding the establishment of an HRA and must then pass a resolution establishing the HRA based upon the Findings of Fact from that public hearing. Although the City Council can serve as the HRA Board, Otterson recommends that a separate five member Board be appointed. The HRA Board would have the ability to levy a small amount of taxes for its own use, subject to Council approval. Otterson will get additional information to Mayor Potter regarding HRA's. Barthel made a motion to adjourn at 7:30 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL October 18, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, City Clerk Linda Houghton, City Engineers Ron Guerts and Norm Gartner, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Engineering by adding the addition the letter received from Bridget and David Falbo concerning their concerns over the 50th Street construction. Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the follow-up sheet from the October 4, 1993, meeting as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 4, 1993, meeting as presented. Anderson seconded the motion. All voted aye. Bob Heuring did not attend the meeting to discuss collection of grass clippings. Bob Braun requested that the Council consider a reduction in his letter of credit for the Hardwood Ponds 2nd Addition at such a time when 50% of the assessments have been paid. According to his developer's agreement, the surety will be reduced when 75% of the assessments have been paid. Linda reported that she had contacted the city attorney for his opinion and Couri indicated that the Council could lower the amount of the letter of credit upon petition of the developer when 50% of the assessments have been paid. Vetsch made a motion stating that the Council will agree to lower the letter of credit for the Hardwood Ponds 2nd Addition upon petition of the developer when 50% of the assessments have been paid. Barthel seconded the motion. All voted aye. Lion members Donatus Vetsch, Marvin Vetsch, and Ken Tiernan requested permission to withdraw $12,000 from the Lions certificate of deposit for various projects and to have Linda reinvest the balance of the funds. Barthel made a motion to approve the request. Anderson seconded the motion. All voted aye. Galen Kalina, representing the Camp Courage Wagon Train, explained that this year the annual wagon train will be leaving from Elk River on Friday, June 17, and would like to travel through Albertville on County Road 19 by the freeway. The wagon train ALBERTVILLE CITY COUNCIL October 18, 1993 Page 2 of 5 would like a tanker truck to bring water for the horses to the site. Fire Chief Dave Vetsch was in attendance at the meeting and indicated there should be no problem with that request. Linda was directed to contact the city attorney to determine if the City needs any proof of insurance, etc., from Camp Courage. Barthel made a motion to appoint Howard Larson, representing the Planning & Zoning Commission, to the Otsego Creek Commission. Anderson seconded the motion. All voted aye. City Engineer Norm Gartner was unaware of the situation described by the Falbos in their letter and will speak will Thore and report to the next Council meeting. Norm presented a letter dated October 14, 1993, from Annandale Contracting requesting a thirty day time extension on completion of Hardwood Ponds 2nd Addition improvements. The request results from the fact that the contract for the improvements was delayed because the City had not received the required sureties from the developer. In addition the contractor is requesting approval of an additional $.43 per foot increase in curb and gutter due to the fact that additional time and work are spent installing curb and gutter after November 1. Anderson made a motion to approve a 30- day time extension for completion of improvements in the Hardwood Ponds 2nd Addition and to approve an additional $.43 per lineal foot cost for curb and gutter if installed after November 1 (2,630 feet for an additional cost of $1,130.90). Barthel seconded the motion. All voted aye. Norm updated the Council on various City projects. Norm was directed to have the on -site inspector doublecheck compaction in the Parkside Addition where curb and gutter will be installed. Norm reviewed Change Order #1 on the wastewater treatment facility expansion project (1992-11A). The change order is necessary because the specs forthe project were written with a wall -mounted electrical panel for the ultra -violet disinfection system. Since there is no wall for the panel to be placed on, change order #1 details a pedestal mounted pane with a hood. Change Order #1 adds $1,837 to the project cost. Barthel made a motion to approve Change Order #1 for Improvement Project 1993- 11A in the add amount of $1,837. Anderson seconded the motion. Barthel and Anderson voted aye. Berning and Vetsch voted no. Mayor Potter cast his vote affirmatively. The motion carried. Norm also briefly explained three other potential change orders that may arise as follows: (1) Relocate electric line to where existing pole is (approximately $3,000 add) (2) Change heaters in building from electric to ALBERTVILLE CITY COUNCIL October 18, 1993 Page 3 of 5 gas to conform with the other portion of the building (approximately $9,920 add) (3) MPCA will require the addition of a gate valve on the outlet from Cell #3 into the lake (approximately $1,500 add) Some sort of weir may also be required in the effluent meter sampler and, if necessary, a change order will be required. The consensus of the Council is that the old storage garage located at the wastewater treatment facility will remain where it is and a retaining wall costing approximately $820 will be installed. Attorney Mike Couri reviewed the revised contract with Healthspan on the clinic building. Since alterations have again been made to the renovation plan and those costs are not available at this time, the Council tabled further discussion. Attorney Couri reported that Ralph Ackerman has not complied with the City's septic system ordinance within the time limits allowed. The Council now has only two options regarding the failed septic system: to enforce the ordinance or to choose not to enforce its ordinance. To enforce the ordinance requires going to the court system and asking a judge to order that Ackerman fix his septic system or cease use of the system. Couri cannot guarantee or predict how the judge will order. He also indicated that the legal costs for taking Ackerman to court could run up to $3,000. There is only a small difference in legal costs if the City decides to pursue the kennel violation against Ackerman at the same time. The judge will determine whether the City's legal fees will be reimbursed. Anderson made a motion authorizing the city attorney to pursue enforcement of the septic system ordinance against Ralph Ackerman and at the same time enforce the ordinance violation concerning his kennel operation. Vetsch seconded the motion. All voted aye. Couri has checked into the portion of Barthel Industrial Drive that has been closed off. The City may either contact all emergency agencies that the road is closed or reopen the street and maintain it as any other gravel street. The Council agreed to reopen the street and directed Linda to contact Dennis Fehn to remove the "Private Drive" sign he has installed and to remove his vehicles from the street. Couri is continuing to check on the Americans with Disabilities Act and how it applies to the current City Hall building upon its change of use. Barthel made a motion to approve the Financial Statement for the period September 30 - October 13-3 as presented. Anderson ALBERTVILLE CITY COUNCIL October 18, 1993 Page 4 of 5 seconded the motion. All voted aye. Barthel made a motion to approve payment of Check Vs 7890- 7918 as presented. Anderson seconded the motion. All voted aye. Bob Thistle of Springsted, Inc. presented his recommendations for the sale of two new bond issues --the refunding bond to purchase the clinic building and the improvement bond for financing the improvements at Hardwood Ponds 2nd Addition. Barthel made a motion to adopt RESOLUTION #1993-33 entitled DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Anderson seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1993-34 entitled RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $175,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993C. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1993-35 entitled RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $245,000 GENERAL OBLIGATION BONDS, SERIES 1993B. Vetsch seconded the motion. All voted aye. Anderson made a motion to adopt ORDINANCE #1993-14 entitled AN ORDINANCE ESTABLISHING THE ANNUAL BUDGET CALENDAR TO BE USED AS PART OF THE BUDGET PROCESS. Berning seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1993-15 entitled AN ORDINANCE ESTABLISHING A FORMAL ORGANIZATIONAL CHART. Barthel seconded the motion. All voted aye. The members oT the Otsego Creek Commission will meet on October 20, 1993, at 7:00 PM at the Otsego City Hall. The Council agreed to have lighting installed at the new Park & Ride site. Linda will contact NSP to find out what costs will be. Anderson made a motion directing Linda to get prices for the installation of two street lights at the Park & Ride site for Mayor Potter's and Councilman Vetsch's approval with a not -to -exceed cost of $10,000. Barthel seconded the motion. All voted aye. Linda will contact Kevin Mealhouse, the City's civil defense director, and the Wright County Civil Defense Director to discuss working on a civil defense siren for the City. Vetsch made a motion to schedule a public hearing to amend the budget for TIF District #5 for December 13, 1993, at 7:00 PM, or ALBERTVILLE CITY COUNCIL October 18, 1993 Page 5 of 5 immediately following the continuation hearing for Truth -in - Taxation if necessary. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1993-96 entitled RESOLUTION ON UNFUNDED MANDATES. Anderson seconded the motion. All voted aye. Anderson made a motion to schedule a budget meeting, including wage discussions, for 7:00 PM on Wednesday, November 3. Berning seconded the motion. All voted aye. Vetsch made a motion to adjourn at 9:55 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor 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 MEETING DATE OF MEETING: NAME:- 1 L 1, DEPARTMENT/ADDRESS: BUSINESS TO BE ADDRESSED BY CITY COUNCIL: AGREEMENT TO TERMINATE LEASE WHEREAS, the City of Albertville (hereafter "City"), a municipal corporation under the laws of the state of Minnesota and Buffalo Clinic, P.A. have entered into a Lease Agreement (hereafter "Lease") dated August 16, 1982 for the lease of a parcel of real estate and a building (hereafter "Premises") legally described on attached Exhibit A; and WHEREAS, the City has issued general obligation revenue bonds in the amount of $300,000.00 to be repaid with rental proceeds as specified in the Lease; and WHEREAS, Buffalo Clinic, P.A. has assigned said Lease to Twenty Eight Ten, Inc., now known as HealthSpan Services Company ("Company"), which Company is a wholly owned subsidiary of HealthSpan Health Systems Corporation ("HealthSpan"); and WHEREAS, performance by the Company was guaranteed by Health Central, Inc., which through consolidation and merger is now a part of HealthSpan; and WHEREAS, Company and HealthSpan desire to be released from the obligations of the Lease and the Guarantee and wish to relinquish all ownership interests in the Premises which is the subject matter of the Lease; and WHEREAS, the City desires to own said Premises in fee simple absolute for use a city hall; NOW, THEREFORE, the City, Company and HealthSpan hereby agree as follows: 1. Conveyance and Termination of Leasehold Interest Health Span and Company will join in executing a quit claim deed and/or a lease termination in favor of the City, conveying to the City any and all interest said parties have in said Lease and said Premises as described in Exhibit A. The parties agree that there will be no personal property conveyed with the Premises and that no personal property is currently upon said Premises. Before conveyance shall occur, HealthSpan shall have removed any and all encumbrances upon the title to the Premises that have occurred since the execution of the Lease by the Buffalo Clinic, P.A., except those encumbrances occurring as a result of City action, if any. It is the intention of the parties that this conveyance terminate all interests of Buffalo Clinic, P.A., Company and HealthSpan in said Premises, including the leasehold interest and the option to purchase the property per the Lease agreement. HealthSpan and Company will each certify that the 1 Premises has not been subleased to any party other than Family Care Centers of Wright County, P.A. 2. Clinic Interests. Company will deliver to City at closing a quit claim deed or a termination of Lease in favor of the City covering the Premises, executed by Buffalo Clinic, P.A. and Family Care Centers of Wright County, P.A. 3. Release of Lease Obligations The City will execute a release of said Lease in favor of Buffalo Clinic, P.A., Company and HealthSpan, as well as a release of the Guarantee executed by Health Central, Inc. on August 16, 1982. 4. Remodeling of Building/Resurfacing of Parking Lot and Cost of Same. Health Span, Inc. shall contribute thirty thousand dollars ($30,000.00) toward the remodeling of the former clinic building for use as a City Hall and for the resurfacing of the parking lot. Said remodeling shall be carried out in accordance with the attached floor plan (incorporated herein by reference as Exhibit B). Health Span, Inc. has received a remodeling bid quote in the amount of $28,762.00 (which includes a $1,000.00 contingency) from Timco, Inc., and shall contract for and supervise the remodeling of said structure at this bid price (said bid is attached as Exhibit C). Any additions, deletions or other changes to Exhibit B which may be requested by the City shall be so installed at Health Span, Inc.'s cost, provided that the total expenditure on remodeling by Health Span, Inc. shall not exceed $30,000.00. The difference between the amount expended on the remodeling of the building (provided it is less than $30,000.00) and the agreed $30,000.00 contribution of Health Span, Inc. shall be paid to the City by Health Span, Inc. and shall be set up in a separate capital improvement fund to be used by the City only for the limited purpose of repaving the parking lot and installing curbing on the Premises. 5. Prorations. The City and HealthSpan agree to prorate all bond interest costs, utilities and ad valorem real estate taxes, if any, to the date of closing, including, but not limited to: proration of that portion of interest (but not principal) due on March 1, 1994; proration of quarterly water and sewer bills (if individual readings at time of closing are not possible), and proration of any ad valorem taxes levied and payable in 1993, if any. 6. Indemnification as to Radiation and Pollution. HealthSpan will deliver the premises free of radiation residue due to use of the Premises since August 16, 1982 and free of any and all hazardous substances (as defined by federal or state rules, regulations or law) that have entered the premises since August 16, 1982. If the premises is found to contain any such radiation or hazardous substances which entered in or upon the premises after August 16, 1982 but before the date of the closing, HealthSpan agrees to hold harmless and indemnify the City for all costs incurred in cleaning up or eliminating said radiation or hazardous substances. HealthSpan and Company hereby warrant that they have no knowledge of the existence of radiation or hazardous substances on the premises as of the date of this document. 7. Time of Closing All above described documents shall be executed at closing. Closing shall occur with respect to the Premises within one week after acceptance by the City Council of all remodeling improvements described in paragraph 4 above. Prior to closing, all provisions of the Lease shall remain in effect. The parties anticipate and will employ their best efforts to insure that the closing will occur before January 1, 1994. Dated: CITY OF ALBERTVILLE Mayor Clerk HEALTHSPAN HEALTH SYSTEMS CORPORATION HEALTHSPAN SERVICES COMPANY EXHIBIT A TO AGREEMENT TO TERMINATE LEASE Legal Description of Premises: Lot 1, of Lot "A" of the Northeast Quarter of the Northwest Quarter of Section 1, in Township 120 of Range 24, according to the plat of record in the office of the Register of Deeds, of Wright County, Minnesota, in book No. 2 of Plats at page 32; and Lot 2, of Lot "A" of the Northeast Quarter of the Northwest Quarter of Section 1, Township 120 of Range 24, according to the plat of record in the office of the Register of Deeds, of Wright County, Minnesota, in Book No. 2 of Plats at page 32; and Lot 3, of Lot "A" of the Northeast Quarter of the Northwest Quarter of Section 1, in Township 120 of Range 24, according to the plat of record in the office of the Register of Deeds, of Wright County, Minnesota, in Book No. 2 of Plats at page 32; and Lot 4, of Lot "A" of the Northeast Quarter of the Northwest Quarter of Section 1, Township 120 of Range 24, according to the plat of record in the office of the Register of Deeds, of Wright County, Minnesota, in Book No. 2 of Plats at page 32; 4 EXHIBIT B TO AGREEMENT TO TERMINATE LEASE Floor Plan for Remodeling. EXHIBIT C TO AGREEMENT TO TERMINATE LEASE Bid for Remodeling. TIMCO CONSTTy UCTION, INC. GENERAL CONTRACTORS / CONSTRUCTION MANAGERS October 27, 1993 Mr. Michael Potter Mayor City of Albertville P.O. Box 131 Albertville, MN 55301 Re: Revised Estimate Remodeling for New City Hall Dear Mike, Following is a summary of the revised costs to complete the above referenced project. This estimate is based on revised plans and specifications dated October 13, 1993. Demolition and Removal Plumbing and HVAC Electrical Carpentry Drywall New Entry Door Ceilings Painting Floorcovering Misc. Patching General Conditions Rolling Grille Contingency Contractors Fees $ 3,400.00 $ 1,390.00 $ 3,251.00 $ 2,800.00 $ 750.00 $ 3,400.00 $ 950.00 $ 2,720.00 $ 3,900.00 $ 600.00 $ 1,500.00 $ 1,045.00 $ 1,000.00 $ 2,056.00 Total $28,762.00 9421 WEST RIVER ROAD • MINNEAPOLIS, MINNESOTA 55444 •424-8444 All other conditions as per the original estimate dated October 4, 1993. Please advise as to how we should proceed. Sincerely, Z Timothy E. McKee President Timco Construction, Inc. TEM/sjt _ r r TIMCO CONSTRUCTION, INC. GENERAL CONTRACTORS / CONSTRUCTION MANAGERS CONSTRUCTION SPECIFICATIONS REMODELING FOR ALBERTVILLE CITY HALL OCTOBER 13, 1993 GENERAL SPECIFICATIONS: Remove all ceilings as required. Reinstall new ceiling, provide new materials as required. Provide and install new carpeting. Use $15.00 per yard installed allowance. Paint all walls. Prep walls as required. Add fire department lockbox. Remove and reinstall lighting as required. Provide an allowance of six additional outlets, plus those shown on plans, to be located earlier. Remove plumbing and cap in floor or behind walls as required. Remove and install HVAC as required. Remove and relocate cabinetry as required. Provide and install 6 interior locksets, 2 interior passage sets. 9421 WEST RIVER ROAD • MINNEAPOLIS, MINNESOTA 55444 •424-8444 PLAN NOTES: 1. Provide plastic laminate transaction top with 5' lockable rolling grille. 2. Existing room to remain. Provide drywall infills as shown. Paint all walls. Provide new carpet. 3. Remove cabinetry to be relocated. 4. Existing cabinetry to remain. Provide new electrical for coffee maker and microwave. 5. Provide new exit per code, including footings and slab. Provide timber retaining wall as required. 6. Close up pass thru boxes in bathrooms. 7. Remove partition to 71. Header to remain. 8. Drinking fountain to remain as is. 9. Clean and patch front in existing quarry tile, necessary. 10. Remove door and wall to 7'. Header to remain. DEVELOPER'S AGREEMENT Parkside 2nd Addition THIS AGREEMENT, entered into this day of , 1993 by and between Kent Roessler and Kenco Construction, Inc., collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this agreement, is intended to bear the name "Parkside Second Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of Parkside Second Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and financed by Developer; WHEREAS, the City further requires that certain on- and off - site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 1. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on Said Plat as detailed in the Feasibility Study for Parkside Addition, as prepared by Meyer-Rohlin, Inc. (attached hereto and marked Exhibit "B" and incorporated herein by reference), said improvements to include installation of water mains, sanitary and storm sewers, curb and gutter, and streets. All such improvements shall be constructed according to the standards required by the City Engineer, and the City Engineer shall inspect the project on regular basis. Said improvements shall be installed by August 31, 1994. In that Developer's Agreement dated September 22, 1993 between the City of Albertville and Kenco Construction, Inc., Developer has agreed to install said municipal improvements described above, and has provided a letter of credit to assure such performance. Nothing in this agreement shall act to modify Developer's obligation with respect to the installation of said municipal improvements or the City's rights as to the letter of credit. B. The Developer warrants to the City for a period of two years from the date the City accepts the project that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Prior to the commencement of construction, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements. 2. Construction of On- and off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage 2 swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as detailed in attached Exhibits "C" and "D". Said on- and off -site improvements shall be installed by June 30, 1996, with the exception of erosion control, which shall be installed upon initial grading of Subject Property. Developer shall also comply with the landscaping plan as provided in this document. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by United Telephone Company; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit "E". Developer agrees to have all utilities installed according to this plan. D. The improvements shown in Exhibit "C" for each lot or parcel shall be completed to the City's satisfaction within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given , improvements shall b( 15th. At the City's and lights and bill installation to the within ten (10) days ,ear, in which case the boulevard so completed by the following June option, it may install street signs the direct cost of materials and Developer who will pay the bill of the billing. 3 3. 4. Intended Use of Subdivision Lots. It is the Developer's and City's intent that two-family twin home dwelling units be constructed on the lots in Said Plat (one family unit on each lot). Developer agrees that it shall not construct any units other than said two-family twin home dwelling units, and also agrees that said construction shall be subject to the following restrictions: A. Front yard setbacks shall be thirty (30) feet. B. All units shall have at least eight hundred and sixty ( 8 6 0 ) square feet of main floor space ( first floor, above ground) . C. Each family unit shall be constructed with an attached twenty (20) foot by twenty (20) foot garage. D. All lots shall be sodded 150 feet back from the curb, and each lot shall be landscaped in accordance with the attached landscape plan attached and incorporated herein as Exhibit "F". E. For each lot in Said Plat, Developer shall record on the property records of the Wright County Recorder's office the restrictive covenants attached and incorporated herein as Exhibit "G". F. Developer has expressed its desire to construct all units to one of two general floor plans. City and Developer therefore agree that all units shall be constructed to one of the two general floor plans, typical examples of which have been attached and incorporated herein as Exhibit "H". Surety Requirements. A. Developer will provide the City with cash or an irrevocable letter of credit as security that the obligations of the Developer under this contract shall be performed. Said letter of credit must meet the approval of the City attorney as to form and issuing bank. Said cash or letter of credit shall be in the amount of $10,368.00, representing the sum of 60% of the estimated cost of installing the on- and off -site improvements ($17,280.00). B. The City may draw on said letter of credit to complete work not performed by Developer, to pay liens on property 4 to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this agreement, to otherwise fulfill the obligations of Developer under this agreement, or as otherwise specified herein. 5. Surety Release. A. The developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit is furnished to the City to replace a prior letter of credit. ii. When all or a portion of the on- and off -site improvements have been installed, the letter of credit may be reduced by the dollar amount attributable to that portion of improvements so installed. iii. As to all requests brought under this paragraph A, the City Council shall have complete discretion whether to reduce or not reduce said letter of credit. B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Surety Deficiency. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City's discretion to defray the City's costs and expenses related to the project(s) referred to herein. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this 5 Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Platted properties. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 8. Developer To Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Parkside Second Addition plat, as well as all engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. 9. Erosion and siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan (attached and incorporated herein as Exhibit "D") shall be installed, and Developer agrees to comply with additional erosion control measures recommended by the City Engineer should the erosion control plan prove inadequate. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to watermain), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plat. 11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this agreement. 12. Miscellaneous. A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. B. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have #1 class five gravel and concrete curbing installed, unless a specific exception is approved by the City. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, r7 " signed by the parties and of the City Council. The legal action to enforce waiver or release. approved by written resolution City's failure to promptly take this Contract shall not be a D. This Contract shall run with the land and shall be recorded against the title to the property. Developer agrees to record Said Plat in the Wright County Recorder's Office within three (3) business days of the execution of this agreement by the City. After the Developer has completed all work and obligations required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. E. The parties acknowledge that the City's wastewater treatment plant is at or near capacity, that the City is currently in the process of expanding its wastewater treatment facility, and that the Minnesota Pollution Control Agency ("MPCA") will not permit additional hookups to the Albertville sewer system until such time as the City has expanded its wastewater treatment plant capacity. While expansion of the wastewater treatment plant capacity is expected to be completed in January, 1994, Developer acknowledges that there may be unexpected delays in the completion of said expansion, which in turn may delay hookup of those lots in Said Plat not currently permitted by MPCA for hookup to the wastewater system. Developer agrees to hold the City harmless from any loss incurred by Developer and its successors or assigns as a result of delays which may occur in the completion of said plant capacity expansion and thus the hookup of Developer's lots, provided the City acts in good faith in pursuing the completion of said expansion. F. All water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. G. The Developers represent to the City that the Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. 8 13. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. 14. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof, and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer use all of the deposited cash, irrevocable letter of credit or other surety funds to complete the Developer's obligations under this agreement, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. B. Paragraph 14 shall not apply to any acts or rights of the City under paragraph 13 above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 4 15. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads and sewers and road right of ways to the City. Prior to dedication, Developer shall provide to the City "As-Builts" of all sewers, roads, gas pipelines, electrical, cable and phone supplies. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. Said dedications shall occur by August 31, 1994. B. The Developer agrees to pay a park dedication fee in the amount of $6,120.00 (calculated on the basis of $170.00 per lot times 36 lots). Payment of said fee shall occur prior to release of the final plat. 16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Developer Personally Bound by Contract. Those parties signing on behalf of Developer (and the Developer, if the Developer is a different entity than said parties) shall be personally liable for the fulfillment of all obligations under this Contract. The obligations of the Developer (and the parties 10 signing on behalf of Developer) under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. Upon fulfillment of all terms of this Developer's Agreement, and upon request by Developer, the City Council shall execute a release of Developer from this agreement. 19. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 20. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 Kenco Construction, Inc. c/o Kent Roessler 13736 N.E. Johnson St. Ham Lake, MN 55304 Telephone: (612) 757-4052 21. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 11 DEVELOPER, Kent Roessler Individually KENCO CONSTRUCTION, INC. By Kent Roessler Its President By Its STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Michael Potter as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 12 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Kent Roessler, individually and as President of Kenco Construction, Inc. STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) as Notary Public The foregoing instrument was acknowledged before me this day of , 1993, by of Kenco Construction, Inc. Notary Public 13 Legal Description Feasibility Study EXHIBIT A EXHIBIT B EXHIBIT C On- and Off -site improvements Grading/Erosion Control Plan Utility Plan Landscaping Plan Restrictive Covenants Typical Building Plan EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H 14 CITY OF ALBERTVILLE FINANCIAL STATEMENT October 14 - October 27, 1993 Beginning Cash Balance October 14, 1993 INCOME (Oct. 14 - Oct. 13) Building Permits 10,833.24 Donation (Lions) 12,000.00 Liquor Licenses 1,100.00 Park Dedication Fees 4,590.00 Sewer License 45.00 Sewer Penalties 75.14 Sewer Receipts 13,659.67 Storm Water Penalties 20.81 Storm Water Receipts 2,559.71 Title Search 30.00 TOTAL INCOME 44,913.57 EXPENSES (Oct. 14 - Oct. 27) Check Vs 7890-7918 (approved 10/18/93 61,181.28 PAYROLL 10/6 - 10/19 Check # 7919 - Ann 547.45 Check # 7920 - Linda 877.43 Check # 7921 - Ken 879.25 Check # 7922 - Mike 584.79 Check # 7923 - PERA 354.42 TOTAL EXPENSES 64.424.62 $137,254.93 Ending Cash Balance October 27, 1993 $117,743.88 INVESTMENTS: CD #8579 - matures 12/28/93 @ 3.0% CD #8925 - matures 12/1/93 @ 2.65% CD #8807 - matures 3/29/94 CD #9145 (Lions) - matures 1/20/94 @ 2.65% Piper-Jaffray Investments TOTAL INVESTMENTS 159,579.97 108,292.02 361,523.99 19,453.98 471,568.29 $1,120,418.25 CITY OF ALBERTVILLE BILLS TO BE PAID NOVEMBER 1, 1993 Check No. Vendor Reason Amount 7924 Berning, LeRoy P&Z July -Sept 45.00 7925 Bizmart Office Supplies 221.00 7926 Briggs & Morgan Bond Counsel 2,645.00 7927 Central Rivers Twine 23.45 7928 Culley, Ann Mileage 7.00 7929 DJ's Total Home Care Supplies 106.04 7930 Diversified Inspection Insepctions 3,926.12 7931 Emergency Med. Prod. FD Supplies 44.18 7932 Feed -Rite Controls Testing 142.00 7933 Front Line Plus FD-Name Patch 26.17 7934 Hackenmueller's Diesel 421.72 537.04 Gas 101.34 CH Sup 13.98 7935 Hackenmuller,Daryl GrindingStumps 250.00 7936 Houghton, Linda Mileage 11.25 7937 Johnson, Roger P&Z - July -Sept. 45.00 7938 Larson, Howard P&Z - July -Sept. 45.00 7939 Lindsay, Ken WC Medications 36.79 7940 Machtemes Construction #3 - Pysk's 5th 11,365.24 7941 MedCenters Group Insurance 1,122.40 7942 MN Copy Systems Maintenance 140.68 7943 City of Monticello AnimalControl 162.00 7944 Newman Traffic Signs Park Signs 251.98 7945 NSP Sewer 139.39 146.79 Sp.Event7.40 7946 Olson & Sons Electric 7947 City of Otsego 7948 Pitney Bowes 7949 Precision Auto 7950 Radzwill Law Office 7951 Rice Lake Contracting 7952 United Telephone 7953 Valerius, William 7954 Vetsch, Donatus 7955 Wr. Co. Sheriff 7956 Wr. Co. Treasurer 7957 Anderson, Sharon 7958 Barthel, Albert 7959 Berning, Duane 7960 Potter, Michael 7961 Vetsch, John Rewire Park Shel 600.00 Kitchen 1 hr. grading 75.00 Postage Machine 43.00 Transmission Serv/PU 106.13 Gen. 1250.00 3,599.00 Sewer 12.00 Parkside 125.00 Parkside2 50.00 50th St. 162.00 WWTF 1975.00 HWP2 25.00 #2 - WWTF 156,434.60 CH - 233.66 260.10 Park 26.44 Reimburse EMT/Test 137.00 P&Z Apr -Jun 159.32 P&Z Jul -Sept Reimburse Countertop Aug & Sept Police 5,201.26 Bond Report 50.00 October Council 170.85 October Council 136.02 October Council 124.67 October Council 230.87 October Council 161.61 TOTAL $188,789.56 JN-rY p�c vO �Z � z = m C� 7855 Wyman A. Nelson County Attorney Thomas N. Kelly Chief - Criminal Division Brian J. Asleson Chief - Civil Division 14 October 1993 WRIGHT COUNTY Office of County Attorney Wright County Government Center 10 N. W. 2nd Street Buffalo, Minnesota 55313-1193 Phone: (612) 682-7340 Metro: (612) 339-6881 Toll Free: 1-800-362-3667 Fax: (612) 682-6178 TO: CITIES IN WRIGHT COUNTY FROM: WRIGHT COUNTY BOARD OF COMMISSIONERS ellq BRIAN J. ASLESON, Assistant Wright County Attorney Assistants Anne L. blohaupt Thomas C. Zins Debra J. Kultala Terry Frazier Kathleen A. Mottl RE: Implementation of Wetlands Rules - Status as Local Government Unit On January 1, 1994, the rules promulgated pursuant to the Wetland Conservation Act of 1991 will take effect. Under these rules, the local government unit (LGU) responsible for administering the rules is either the County or City in which the wetlands in question are located. The LGU administering the rules has the responsibility for making exemption and no -loss determinations, as well as for approving replacement plans. Wright County expects to receive a 1994 grant from the Minnesota Board of Water and Soil Resources (BWSR) for administration of the Wetland Conservation Act. This grant is expected to be in the sum of $36,000, with a 1:1 match required from County funds. In order to insure receipt of this grant, the County must provide BWSR with proof that the entire County is covered for purposes of administering the Wetlands Conservation Act. The purpose of this letter is to request that each city in Wright County formally elect to either act as local government unit (LGU) for purposes of administering the rules, or delegate Wright County as the LGU for that purpose. On August 17, 1993, the Wright County Board of Commissioners voted to delegate local government unit responsibility for Wright County to the Wright Soil and Water Conservation District (SWCD). The Board also designated any grant funds and other County funds allotted for such administration to the SWCD. There were two primary reasons for the County's delegation of responsibility to the SWCD: Cities in Wright County PAGE TWO 14 October 1993 1. Staff Resources. The SWCD has personnel on staff who have been trained in the wetland delineation procedures and who have also been working with wetland restoration for many years. These personnel are also familiar with Federal Swampbuster regulations affecting agricultural areas and can facilitate coordination with the Soil Conservation Service and ASCS. 2. Physical Resources. The SWCD has direct access to an array of aerial photographs from different years, which photographs can be used to ascertain wetland size, type, surrounding land use history and exemption potential. For the above reasons, and several others, cities may wish to consider delegating to SWCD the responsibility to act as LGU for wetlands within their boundaries. Cities should be aware of the following: 1. The wetlands rules can be difficult to administer. A city electing to be LGU will need to have a technical evaluation panel ready to meet to consider individual cases and will need to fund that panel and fulfill various administrative duties required under the rules. Election to act as LGU is an "all or nothing proposition". Whether the particular matter is simple or very complex, the LGU will need to administer the rules. 2. The SWCD will be involved in many wetlands cases whether the city is LGU or not. The rules provide that the SWCD must provide one member of any technical evaluation panel and the SWCD is mandated to prepare a restoration plan once a cease and desist order has been issued by the enforcement authority (usually the DNR). 3. Having one LGU covering the entire County would facilitate a more even- handed application of the wetlands rules across the County. This should provide for more equitable treatment for all Wright County citizens and proposed developments. Those persons involved in development would only need to learn one process and deal with one set of officials regarding wetlands on a County -wide basis. 4. The total cost to all units of government for administering this program could likely be substantially reduced if one LGU provides administration for the entire County. In order to prepare for implementation of the rules on January 1, 1994, we are requesting that each city determine whether it intends to exercise LGU status for purposes of the Wetland Conservation Act. We are asking that you respond, if at all possible, by Cities in Wright County PAGE THREE 14 October 1993 November 15, 1993. Notice of your council action (a Resolution or copy of the Minutes) should be sent to the SWCD at the address listed below. This Notice should also be sent to the Minnesota Board of Water and Soil Resources at: 155 South Wabasha Street, Suite 104 St. Paul, Minnesota 55107 If you have questions regarding the LGU election process or about the wetlands rules in general, please feel free to contact either of the parties identified below. If you do not have a copy of the final wetlands rules as approved earlier this year, you should be able to obtain a copy by contacting BWSR at 296-3767. If you think it would be beneficial to have a County representative attend your Council meeting to answer questions, we will attempt to do that as well. Thank you for your anticipated cooperation. Brian J. Asleson Assistant Wright County Attorney Wright County Government Center Buffalo, Minnesota 55313 Phone: (612) 682-7342 Kerry Saxton, Office Manager Wright Soil and Water Conservation District 306C Brighton Avenue Buffalo, Minnesota 55313 Phone: (612) 682-1970 LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of 1993, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the City of Albertville. hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection an the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the pro- vision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The -rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel So employed shall -remain in and under the control of the Sheriff. 1 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i. e. , the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city manage- ment matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i. e. , parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. 3. That the County shall furnish and supply all necessary labor, super- vision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 1994 to December 31, 1995. 8. The Municipality agrees to pay to the County the sum of $30.50 per E hour for law enforcement protection during the calendar year 1994 and not to exceed $32.00 per hour during the calendar year 1995. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15, 1995, and a like date of each subsequent year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 4 hours per day - 1,460 hours annually. and shall provide 24 hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. Ail fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosec- utions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 01 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member, of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for - said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or, Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by its governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Hoard of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: ATTEST: Clerk Dated• ATTEST: Richard W. Norman County Coordinator Dated : Mayor WRIGHT COUNTY COMMISSIONERS: Flat Sawat--ke, Chairperson Donald Hozempa Wright County Sheriff Approved as to form and execution: wyman H. nelson, wrignt Lounty Httorney 4 ORDINANCE NO. 1993 - 16 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. The City Council of the City of Albertville, Minnesota ordains: Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes Chapter 340A, relating to the definition of terms, licensing, consumption, sales, financial responsibility of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full. Section 2. License Required. Subdivision 1. General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor without, a license to do so as provided in this ordinance. Liquor licenses shall be of four (4) kinds: "on -sale", temporary "on -sale", "off -sale" and Sunday "on -sale". Subdivision 2. On -sale Licenses. "On -sale" licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores, and shall permit "on -sale" of liquor only. Subdivision 3. Temporary on -sale licenses. Subject to the approval of the commissioner of public safety, temporary on -sale licenses shall be issued only to clubs or charitable, religious, or other non-profit, organizations in existence for at least three years. A temporary license authorizes the on -sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the state liquor act. Subdivision 4. Off -sale licenses. "Off -sale licenses shall be issued only to exclusive liquor stores and shall permit 'off - sales' of liquor only." Subdivision 5. Special License for Sunday Sales. A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, restaurant, or club which has facilities for serving at least 30 guests at one time, and which has an on -sale license. Section 3. Application for License. Subdivision 1. Form. Every application for a license to sell liquor shall state the name of the applicant, his age, representations as to his character (with such references as the Council may require), his citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. Every application shall also include a copy of each summons received by the applicant under Minnesota Statutes Section 340A.802 during the preceding year. (M.S. 340.409, Subd. 8.) In addition to containing such information, the application shall be in the form prescribed by the bureau of criminal apprehension and shall be verified and filed with the City Clerk. No person shall make a false statement in an application. Subdivision 2. Bond. Each application for a license shall be accompanied by a surety bond, or in lieu thereof, cash or United States government bonds of equivalent market value as provided in Minnesota Statutes Section 340A.412, Subd. 1. Such surety bond or other security shall be in the sum of for an applicant for an "on -sale license and for an applicant for an "off -sale" license. Subdivision 3. Financial Responsibility. No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility as defined in Minnesota Statutes Section 340A.409 with regard to liability under the statutes, Section 340A.801. Such proof shall be filed with the commissioner of public safety. Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to Minnesota Statutes Section 340A.409. Subdivision 4. Approval of Security. The security offered under Subdivision 2 shall be approved by the City Council and in the case of applicants for "off -sale" licenses, by the state commissioner of public safety. Liability insurance policies required by this ordinance but not by state law and surety bonds required under Subdivision 2 shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City al all times effective security as required in Subdivisions 2 is a cause for revocation of the license. Section 4. License Fees. Subdivision 1. Fees. The annual fee for a liquor license shall be $2000.00 for an "on -sale" license, $10.00 for a temporary "on -sale" liquor license, $100.00 for an "off -sale" liquor license, and $200.00 for a special license for Sunday liquor sales. These fees may be changed from time to time by resolution of the City Council. Subdivision 2. Payment. Each application for a license shall be accompanied by a receipt, from the city clerk for payment of one half of the fee for the "on -sale" licenses and payment in full for the "off -sale" license. All fees shall be paid into the general fund. If an application for a license is rejected, the City Clerk shall refund the amount, paid as the license fee less any charges for administrative fees. Subdivision 3. Term; Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rates fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the 14th day of April. Subdivision 4. Refunds. No refund of any fee shall be made except, as authorized by statute. Section 5. Granting of Licenses. Subdivision 1. Preliminary Investigation. Application shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an on -sale license, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau of criminal investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that issuance would not be in the public interest. If an investigation outside the state is required, the applicant shall be charged the cost, not to exceed $10,000, which shall be paid by the applicant. The fee shall be payable by the applicant whether or not the license is granted. Subdivision 2. Hearing and Issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation pursuant to Subdivision 1. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No "off -;male" license shall become effective until it, together with the security furnished by the applicant, has been approved by the commissioner of public safety. Subdivision 3. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock without prior council approval is a ground for revocation of the license. Section 8. Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. Not more than one intoxicating liquor license shall be directly or indirectly issued within the city to any one person. Section 7. Places Ineliai.ble for License. Subdivision 1. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. Subdivision 2. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid. Section 8. Conditions of License. Subdivision 1. In General. Every license is subject, to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law, or regulation. Subdivision 2. Insurance. Compliance with financial responsibility requirements of state law and of this ordinance is a continuing condition of any license granted pursuant to this ordinance. Subdivision 3. Licensee's Responsibility. Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcoholic beverages by any employee authorized to sell such beverages in the establishment is the act of the licensee. Subdivision 4. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant. Subdivision 5. Display During Prohibited Hours. No "on -sale" establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Section 9. Restrictions on Purchase and Consumption. Subdivision 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on -sale" or a permit from the commissioner of public safety under Minnesota Statutes Section 343A.414 and no person shall consume liquor in any such place. Subdivision 2. Consumption in public places. No person shall have on his person while in a private motor vehicle upon a public highway, any bottle or receptacle containing liquor which has been opened, or the seal broken, or the contents of which have been partially removed. The owner of a private motor vehicle or the driver, if the owner is not present, shall not keep or allow to be kept in a motor vehicle upon a public highway any other bottle or receptacle containing liquor unless it is kept in the trunk of the motor vehicle, or, if the vehicle has no trunk, in some other area of the motor vehicle not normally occupied by the driver or passengers. Section 10. Suspension and Revocation. The council shall either suspend for up to 60 day or revoke any liquor license, or impose a civil fine not to exceed $2,000, for each violation upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.70 of the administrative procedure act. Lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to this ordinance without further action of the city council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing thereon and if such a request is made in writing to the clerk a hearing shall be granted within 10 days or such longer period as may be requested. Any suspension under this paragraph shall continue until the city council determines that, the financial responsibility requirements of this ordinance have again been met. Section 11. Penalty. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or imprisonment in the County jail for not more than 90 days, or both, plus the cost of prosecution in any case. Section 12. Repeal. The following ordinances are hereby repealed: 1. Ordinance No. 2, adopted March 15, 1934, and entitled An Ordinance Licensing and Regulating the Sale of Intoxicating Liquor and Providing a Penalty for Violation thereof. 2. Ordinance No. 1975-2, adopted January 20, 1975, and entitled An Ordinance Amending Ordinance No. 2, adopted March 15, 1934, and entitled an Ordinance Licensing and Regulating the Sale of Intoxicating Liquor and Providing a Penalty for Violation thereof. 3. Ordinance No. 1980-20, adopted December 18, 1989, entitled An Ordinance Establishing License Fees for Retail Sale of Alcoholic Beverages. Section 13. Effective Date. This ordinance becomes effective upon its passage and publication according to law. Passed by the council this _ day of 1993. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk Published in the Crow River News on ORDINANCE NO. 1993 - 17 AN ORDINANCE REGULATING THE LICENSING OF COIN OPERATED AMUSEMENT DEVICES AND SETTING FEES FOR SAME. The City Council of the City of Albertville, Minnesota ordains: Section 1. License Required. Subdivision 1. General Provisions. No person or party shall have on it's premises any coin operated amusement device without first, obtaining a license therefore from the City. Subdivision 2. License Application. Any person or party desiring a license must make application therefore to the City Clerk. Subdivision 3. License Term. The license shall be issued for a period of one (1) year. Every license shall expire on December 31st. License fees shall not be pro rated. Subdivision 4. Fees. The annual fee for an amusement device license shall be $30.00 per coin operated amusement device. These fees may be changed from time to time by the council. Section 2. Repeal. Ordinance No. 1975-2 passed on January 20, 1975, and entitled An Ordinance Amending Ordinance Number 2, Adopted March 15, 1934, and Entitled, An Ordinance Licensing and Regulating the Sale of Intoxicating Liquor and Providing a Penalty for Violation Thereof, is hereby repealed. Section 3, Effective Date. This ordinance becomes effective upon its passage and publication according to law. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk Published in the Crow River News on ORDINANCE NO. 1993 - 18 AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION The City Council of the City of Albertville, Minnesota ordains: Section 1. Noises Prohibited. Subdivision 1. General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restriction of the following subdivisions. Subdivision 2. Horns, Audible Signaling Devices, etc. No person shall sound any audible signaling device on any vehicle except as a warning of danger. Subdivision 3. Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. Subdivision 4. Defective Vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Subdivision 5. Loading, Unloading, Unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. Subdivision 6. Radios, Phonographs, Paging Systems, etc. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours of 10:00 PM and 7:00 AM in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Subdivision 7. Participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. A permit for special events extending the hours beyond 10:00 PM may be obtained from the City Clerk. Subdivision 8. Loudspeakers, Amplifiers for Advertising, etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. Subdivision 9. Animals. No person shall keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. Subdivision 10. Schools, Churches, Hospitals, etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent, to any school, institution of learning, church, or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Section 2 Hourly Restriction of Certain QPPrations Subdivision 1. Recreational Vehicles. No person shall, between the house of 10:00 PM and 7:00 AM, drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways. Subdivision 2. Domestic Power Equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 AM and 10:00 PM on any weekday or between the hours of 9:00 AM and 9:00 PM on any weekend or holiday. Snow removal equipment is exempt from this provision. Subdivision 3. Refuse Hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 AM and 10:00 PM on any weekday or between the hours of 9:00 AM and 9:00 PM on any weekend or holiday. Subd'�,i�ort---4. Construction Activities. No person shall engage in ronstruction activities involving the use of any kind of e diesel, or gas -powered machine or other power equipment except between the hours of 7:00 AM and 10:00 PM on any weekday or between the hours of 9:00 AM and 9:00 PM on any weekend or holiday. Section 3. Enforcement. Subdivision 1. Enforcement. The shall enforce the provisions of this ordinance. The Wright County Sheriff's Department, or its members may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this ordinance. Subdivision 2. Civil Remedies. This ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Subdivision 3. Noise Impact Statements. The council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested, Subdivision 4. Criminal Penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500 or imprisonment for a term of not to exceed 90 days, or both, plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 4. Effective Date. This ordinance becomes effective upon its passage and publication according to law. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk Published in the Crow River News on