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1998-02-17-CC PacketALBERTVILLE CITY COUNCIL AGENDA FEBRUARY 17, 1998 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES a. February 2, 1998, regular meeting b. February 12, 1998, special meeting 3. AUDITING CLAIMS Check #'s 10225 —10258 4. CITIZEN FORUM — Rio Minute Limit) 5. CONSENT AGENDA a. Schedule Board of Review Meeting on Thursday, April 9, 1998, at 7:00 PM b. Amendment to Cedar Creek Golf Course PUD Agreement C. RESOLUTION 91998-5 (A RESOLUTION AMENDING RESOLUTION #1995-41 TITLED ESTABLISHMENT OF COMPENSATORY TIME POLICY) 6. SPECIAL ORDER - PUBLIC HEARINGS a. Vacation of portion of old Highway 152 - RESOLUTION #1998-2 o b. f portion of Nadler Avenue NE _ - - RESOLUTION #1999-3 7. DEPARTMENT BUSINESS a. LEGAL 44 C 3 (1) County Ditch 9 Agreement Amendment 3 (2) Vetsch Custom Cabinets CUP Agreement b. ENGINEERING None c. PLANNING & ZONING (1 Preliminary & Final Plat Approval — Barthel Commercial Park Second Addition (2) Variance Request to remove the 40' distance requirement between the ingress and egress and the intersection of 60 Street and Lachman Avenue NE for the STMA Ice Arena lot ' (3) Variance Request to change the setback requirements from 10' to 0' on the STMA Ice Arena parking lot (4) Request to inform Commission of Council plan for Marx property adjacent to ity Park (approximately 13 acres) d. l LIC SAFETY (1) ORDINANCE # 1998-1 (CHAPTER 1010 BUILDING MAINTENANCE AND OCCUPANCY (2) RESOLUTION #1998-4 (A RESOLUTION ADOPTING THE RENTAL DWELLING BIENNIAL FEE SCHEDULE e. ADMINSTRATION (1) Report on Sidewalk Snowplowing Research (2) Economic Development Partnership of Wright County Membership — Cost $500 8. ADJOURNMENT 30MENEENECity:of Albertville _►1C�ui. T« City Council Froax David Lund Date: February 11, 1998 Re: General Information 1. Strategic Planning Session — March 21,1998 Phase 1 of the process includes a preliminary meeting with Jim Brimeyer to discuss • objectives and identify outcomes. This meeting is scheduled for 6:30 p.m. on Thursday, February 26 at the City Hall. You are welcome to attend. Please let me know if you plan to be present. 2. Kadler dosing — There is still some confusion about this. I am going to be meeting Bob Derus (St. Michael City Administrator) and Mike Robertson (Otsego City Administrator) on Wednesday, February 18 to review the plan. 3. Sidewalk Snow Removal update — report included in the packet 4. Marx property report included in the packet 5. LCMR (Legislative Commission on Minnesota Resources) We are submitting a grant proposal "for projects designed to help sustain and enhance environmental and natural resources". The proposal information arrived on Tuesday. Friday is the application deadline. Project funding begins in July 1999. 6. Economic Development Partnership of Wright County A meeting was held with Marc Nevinski, Executive Director. This topic is a coin flip for me. On the one hand, I do not recognize any direct benefit for the $500 membership. On the other, it seems like a politically good thing to do to join a Wright County Economic Development Partnership. This is a political decision. 0 Page 1 2 • 7. Computer Bids Reminder Your computer bids fbr the machine in the lobby are due by 4:00 p.m. on Wednesday, February 18,1998. 0 0 Page 2 • • 0 UPCOMING MEETINGS/IMPORTANT DATES February 23 Joint Powers Water Board February 25 Staff Meeting February 26 Preliminary Strategic Planning Meeting March 2 Regular City Council Meeting March 10 Regular Planning & Zoning Meeting March 9 Joint Powers Hockey Board March 16 Regular City Council Meeting March 21 Strategic Planning Day 7:00 PM 9:00 AM 6:30 PM 7:00 PM VAi109M 7:00 PM 7:00 PM ALBERTVILLE CITY COUNCIL February 2,1998 Albertville City Hall 7: 00 PM PRESENT: Mayor Mark Olsen, Councilmembers Duane Berning, John Vetsch, Patti Stalberger and Bob Gundersen, City Administrator David Lund, City Clerk Linda Goeb, and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order at 7:00 PM. The agenda was amended by adding the following items: Item 5e - Agreement with Wright County for the maintenance of County Ditch 9 Item 6c 7 - Cleaning Fire Hydrants Item 6c 8 - Newsletter Item 6c 9 - Letter from anonymous parry regarding addresses for the Cottages of Albertville Berning made a motion to approve the agenda as amended. Gundersen seconded the • motion. All voted aye. Olsen made a motion to approve the minutes of the January 20, 1998, meeting as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 10202 - 10218 as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the Revenue/Expenditure Report for December as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the WWTF Operations Report for the month of December as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the PSG Annual Fee of $94,714. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the December Financial Report from Minnetonka Voiture 1281. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the Joint Powers Agreement RE: Wright County Ditch #9 as prepared by City Attorney Couri and City Engineer Carlson. Gundersen seconded the motion. All voted aye. Berning made a motion authorizing the clerk to issue a check in the amount of $1,500 as the 1997 and 1998 contribution to the Roy Simms Community Library. Gundersen seconded the motion. All voted aye. The Council discussed membership in the Economic Development Partnership (EDP) of Wright County. City Administrator Lund will be meeting with Executive Director Marc Nevinski in the near future to discuss the city's participation and the value of membership. The Council asked Lund to prepare a recommendation on whether the City should joint the EDP of Wright County after his discussion with the director. The Council discussed reviews of the new city employees. Berning suggested that the full Council conduct the review of each of the new employees and afterwards meet with all the city employees for a general discussion. Vetsch made a motion to schedule a meeting on Thursday, February 12, 1998, beginning with the review of the City Administrator at 7:00 PM, setting the review of Maintenance Worker II Guimont at 7:30 PM, and scheduling an all -employee discussion at 8:00 PM. Berning seconded the motion. All voted aye. The Council reviewed the memo from Administrator Lund regarding the problems with snow removal from Main Street sidewalks. The City's bobcat works well • to clear the 6' sidewalks but isn't practical on the older 4' wide sidewalks. The John Deere snowblower is inefficient for clearing packed ice and snow. Presently the City's policy is that the sidewalks will be bladed at a minimum. of four inches from the surface of the sidewalk and them further cleared with other City equipment. One of the problems is that the County plows Main Avenue several times during the day and pushes more onto the sidewalks each time. The Council discussed various options, including having city personnel plow Main Avenue, asking Wright County to pay for sidewalk cleanup, using the bobcat on the 4' sidewalks, likely causing damage to the sod along the sidewalk, etc. No consensus was reached. Stalberger made a motion to clear as much of the sidewalks as possible with the bobcat and blade the narrower sidewalks as carefully as possible. The motion further directs staff to continue working on another solution. Gundersen seconded the motion. All voted aye. Administrator Lund briefly reviewed a complaint regarding parking of a trailer on the stub street on Kahler Drive and 62nd Street. Gundersen made a motion directing that the City rescind permission to park a trailer on stub street and to direct the Wright County Sheriff's Department that stub streets are considered city streets for the purpose of the "Snow Bird" ordinance. Berning • seconded the motion. All voted aye. • The Council discussed various options for extending City Hall office hours later in the afternoon. Olsen made a motion to extend City Hall hours on Wednesdays from 7:00 AM to 6:00 PM, beginning February I Vh and to extend City Hall closings on Thursday through February 19`h. Stalberger seconded the motion. All voted aye. The Council order staff to place an advertisement for sealed bids on the 286 computer (non-functioning) in the window of City Hall since several people have expressed an interest in the computer. The Council directed the Public Works Department personnel to inventory all buildings for equipment that is not currently used. The Council will determine which inventory could or should be sold. Councilmember Vetsch requested that the Public Works personnel be directed to clean out around all fire hydrants. The Council discussed whether to mail the newsletter to each residence rather than having the Crow River News insert the letter. Councilmember Stalberger agreed to check into the additional costs of mailing. Two members of the City Council received an anonymous letter complaining • about the street addressing of the Cottages of Albertville. City Clerk Goeb explained that she and the building official had worked together to assign the numbering system and he could see no problem with the addresses. Berning made a motion to adjourn at 10:05 PM. Stalberger seconded the motion. All voted aye. Mark S. Olsen, Mayor Linda Goeb, City Clerk .7 0 ALBERTVILLE CITY COUNCIL SPECIAL MEETING February 12, 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Duane Berning, Patti Stalberger, John Vetsch and Robert Gundersen, City Administrator David Lund, City Clerk Linda Goeb, Maintenance Workers II Tim Guimont and Ken Lindsay Mayor Olsen called the special meeting to order to discuss and review job performance and expectations with City Administrator David Lund. The Council directed City Administrator Lund to revie the job duties assigned to each of the Maintenance Workers II positions. �- �t""r Y �� The Council reviewed and discussed job performance and expectations with Maintenance Worker II Tim Guimont. The following decisions were made by the Council: • (1) a e (2) The City Administrator and the Public Works Department will check into the purchase of uniforms and cleaning rags. (3) Employees who do not leave city property over noon break will not be required to punch the time clock for lunch break. (4) An increase in wages of $1.00 per hour will be paid to Tim Guimont effective Monday, February 16. (5) Tim Guimont will be paid mileage for the city use of his personal vehicle until such a time that the city purchases another pickup. Mayor Olsen proceeded to open a general discussion with all employees present. Issues discussed included the recommendation that Tim be brought up to date on the known "trouble" spots in the city, i.e. sewer lines, storm sewers, etc. The Council agreed to allow the Public Works Department to look in to purchasing a pressure washer for city vehicles and to estimating the cost of blacktopping an area of the maintenance garage parking lot. The Council discussed the value of committee meetings as a method of shortening • the length of Council meetings. Linda suggested that the committees each prepare a 0 • • report to be included in the following Council packet outlining the topics discussed and a recommendation of action. The City Administrator will check into the process for licensing the Public Works employees for chemical application. Linda advised the Council that Wright County will be unable to certify the records to the city's auditor for several weeks, due to the extra time and work involved in establishing the new property taxes. The audit may be delayed several weeks. Mayor Olsen adjourned the meeting at 9:00 PM. Mark S. Olsen, Mayor Linda Goeb, City Clerk 2 BILLS TO BE PAID February 17,1998 Check # Vendor Purpose Amount 10225 Affordable Sanitation City Park 63.90 10226 AirTouch Cellular PW Cell Phone 11.64 10227 Anoka Technical College EMT Refresher Course 165.00 10228 Anoka Technical College EMT Refresher Course 165.00 '- 10229 B & D Plumbing Park Shelter 43.30 10230 CarQuest Supplies/Parts 140.96 10231 Chouinard Office Products Fax Cartridge 34.62 10232 Crysteel Pump for Pickup Plow 392.06 • 10233 DJ's Total Home Care Monthly Supplies 325.37 10234 Don's Auto Tires/Gas/Supplies 542.90 10235 First Trust 1993C Refunding Bond 18,135.00 10236 Firstar Trust 1988 GO Refunding Bond 4,002.50 10237 FundBalance Payroll Software Update 525.00 10238 Gopher State One -Call Locates 1.75 10239 Hack's Supplies 44.92 10240 Larson Publications January Legals 335.88 10241 League of MN Cites 1998 Directories 61.64 10242 Minnegasco Monthly Service 548.93 10243 Minnesota Mayors Assoc. Dues 20.00 10244 Monticello Animal Control January 54.00 • 10245 NSP Monthly Service 3,086.69 • 10246 NAC, Inc. Planning Services 2,204.30 10247 PERA Life Insurance Payroll Deduction 12.00 10248 Pat's 66 Monthly Charges 374.80 10249 Premier 94 Truck Repair Ford Plow 165.01 10250 SEH, Inc. Engineering Services 9,144.91 10251 Superior Services Garbage 93.02 10252 Unlimited Electric Wiring at Park Shelter 70.00 10253 Valerius, Bill Reimbursement for FD Supplies 21.27 10254 Weber Oil Company Diesel 43.61 10255 Welter's Inc. Hydraulic Oil 14.77 10256 Wr. Co. Treasurer February Police 8,650.50 10257 Wright Recycling January 1,215.00 • 10258 Wright -Hennepin Greenhaven Street Lights 22.08 TOTAL CHECKS $50,732.33 0 .l • • 0 546 MEMORANDUM TO: DAVE LUND, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL MEMBERS. FROM: NUKE COURI, CITY ATTORNEY SUBJECT: GOLF COURSE PUD—CHANGES TO PUD AGREEMENT. DATE: FEBRUARY 11, 1998 Attached is a proposed change to paragraph 16 J. of the Golf Course PUD Developer's Agreement. The changes are minor and have been made at the request of the Developer in an attempt to reassure the financial backers of the project that Albertville is taking actions to expand its wastewater treatment plant. As with the prior language, the City is not obligated to expand its wastewater treatment plant on any given timeline. For the most part, the changes acknowledge that the City has begun investigating the feasibility of an expansion, states that the City believes that it has the ability to expand the capacity of its plant at its existing site, and states that the City will, upon request of the Developer, update the Developer on the progress of the expansion. The underlined portion of the text are additions, the strikeout portion represents deletions. Because these changes do not materially change the agreement, I am recommending that these changes be placed on the consent agenda for Council approval.. Cc: Pete Carlson Don Jensen C:\mike\ALBERIIGENERAL\administmtor me=7.doc 1 J. AWIgMA the City has initiated studies relating to the expansion of the capacity of the wastewater treatment plant Developer acknowledges that the City currently does may not have adequate waste water treatment plant capacity to serve existing platted properties and the entire Subject Property, depending upon the timing of development in the City. The City believes that it has the ability to sufficiently and its current wastewater treatment plant at its existing location to provide sewer capacity for all of the Subiect arty, but as of the date of this agreemen#, the City does not have exact cost figures for such an expansion. Accordingly, approval of this Concept Plan shall in no way be construed as a guarantee that the City will provide waste water treatment plant capacity for any or all Phases at the time of final plan approval for any such Phase. The developer acknowledges that the City has reserved sewer capacity until December 31. 1998 for some of those properties abutting the trunk sewer line currently serving the STMA high school located on Wright County Highway 35, and as such, these parties shall have priority over Developer for allocation of wastewater treatment plant capacity until December 31. 1998. The City reserves the right to allocate wastewater treatment plant capacity among developments (including future residential, commercial or industrial developments) or to refuse to grant final plan approval for any Phase for which unallocated waste water treatment plant capacity is not available. Developer acknowledges and agrees that the City shall not be liable in any manner if at the time of final plan approval for any Phase, the City does not have waste water treatment capacity to accommodate said Phase. The City has directed the City Engineer to prepare a facilities plan and accompanying cost documentation related to a proposed Mansion of the wastewater treatment plant The City shall. Mn request of Developer. update Developer reggarding the City's on going efforts to expand its wastewater treatment plant capacity. 0 C� CITY OF ALBERTVILLE RESOLUTION #1998-5 A RESOLUTION AMENDING RESOLUTION #1995-41 (ESTABLISHMENT OF COMPENSATORY TIME) WHEREAS, the City Council is desirous of increasing the number of compensatory hours that employees can bank; and WHEREAS, Resolution # 1995-41, Section (7) limits banking of compensatory time to twenty (20) hours; NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, hereby amends Resolution # 1995-41 (Establishment of Compensatory Time Policy) Paragraph (7) as follows: (7) An employee may take the option of banking overtime in a compensatory overtime bank to a maximum of forty (40) compensatory time off hours. One and one-half (1 1/2) hours of compensatory time off will be granted for every employee determined eligible for overtime compensation by resolution of the City Council. • ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17TH DAY OF FEBRUARY, 1998. Mark S. Olsen, Mayor Attest: Linda Goeb, City Clerk 0 • • • NOTICE OF PUBLIC. HEARING City of Albertville, Minnesota The City of Albertville shall hold a public hearing on Tuesday, February 17, 1998, at 7:15 PM at the Albertville City Hall, 5975 Main Avenue NE, Albertville, Minnesota, to consider the vacation of a portion of old State Highway No. 152 described as: That part of the East Half of the Northeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, formerly being a part of Minnesota Trunk Highway Number 152 which was turned back to the City of Albertville by the State of Mmesota by Quit Claim Deed, recorded in Book 297 of Deeds, page 926, Document No. 351233, which lies east of tine{� following described line: Commencing at the intersection of the easterly Tine of Barthel Drive and the northerly right of way line of the Burlington Northern Railroad as platted in Barthel Industrial Park, according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota; thence N 30° 06' 58" E, plat bearing, along the easterly right of way line of said Barthel Drive, a distance of 180.00 feet; thence northwesterly and along the said easterly right of way line along a tangential curve, concave to the west; having a radius of 350.66 feet and a central angle of 42° 24' 2T' a distance of 259.53 feet to the actual point of beginning of the line to be described; thence N 330 27' 06" E, not tangent to said curve, a distance of 144.87 feet to a point on the southerly right of way line of Interstate Number 94 and there terminating. All those interested in this issue will have an opportunity to be heard at the public hearing. The proposed resolution to be considered at the public hearing is as follows: CITY OF ALBERTVMLE COUNTY OF WRIGHT STATE Off` MRINESOTA RESOLUTION NO.1998- .0 RESOLUTION VACATING A PORTION OF OLD STATE HIGHWAY NO. 152 WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of a portion of old state highway no. 152 described as: That part of the East Half of the Northeast Quarter of Section 1, Township . 120, Range 24, Wright County, Minnesota, formerly being a part of ;: :. Minnesota Trunk ITiighway Number 152 which was turned back to the City of Albertville by the State of Minnesota by Quit Claim Deed, recorded is Book ' a:;::'.. 297 of Deeds, page 926, Document No. 351233, which lies east of the` following described line: Commencing at the intersection of the easterly line of Barthel Drive and the northerly right of way line of the Burlington Northern Railroad as platted in Barthel Industrial Park according to the plat - thereof on file and of record in the office of the County Recorder, Wright County, Minnesota; thence N 300 06' 5r E, plat bearing, along the eastedY right of way line of said Barthel Drive, a distance of 180.00 feet; thence northwesterly and along the said easterly right of way line along a tangential curve, concave to the west, having a radius of 350.66 feet and a central angle of 42° 24' =, a distance of 259.53 feet to the actual point of beginning of the line to be descn'bed; thence N 330 27' 06" E, not tangent to said curve, a distance of 144.87 feet to a point on the southerly right of way line of Interstate Number 94 and there terminating. WHEREAS, the City believes that said portion of old state highway no. 152 as said portion of highway is no longer need for highway purposes; and WHEREAS, the City believes that said portion of old state highway no. 152 would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the interest of the public to vacate said portion of old state highway no. 152; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: WHEREAS, the City believes that said portion of old state highway no. 152 as said portion of highway is no longer need for highway purposes; and WHEREAS, the City believes that said portion of old state highway no. 152 would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the interest of the public to vacate said portion of old state highway no. 152; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that the portion of old state highway no. 152 described above is no longer need for highway or street purposes, and 2. The City finds that said portion of old state highway no. 152 would best serve the public if it were a tax -generating property, and 3. The City finds that it is in the interest of the public to vacate said portion of old state highway no. 152; 4. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of said portion of old state highway no. 152. Dated: ATTEST: Clerk • 0 Mayes • CTTY OF ALBERTVILLE COUNTY OF WRIGHT STATE OV M01MOTA RESOLUTION NO.1998- RESOLUTION VACATING A PORTION OF OLD STATE HIGHWAY NO. 152 WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of a portion of old state highway no. 152 described as: That part of the East Half of the Northeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, formerly being a part of Muinesota Trunk Highway Number 152 which was turned back to the City ofY Albertville by the State of Minnesota by Quit Claim Deed, recorded in Bookie 297 of Deeds, page 926, Document No. 351233, which lies east of the following described line: Commencing at the intersection of the easterly line of Barthel Drive and the northerly right of way line of the Burlington Northern Railroad as platted in Barthel Industrial Park, according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota; thence N 300 06' 58" E, plat bearing, along they right of way line of said Barthel Drive, a distance of 180.00 feet; thence northwesterly and along the said easterly right of way line along a g curve, concave to the west, having a radius of 350.66 feet and a central angle of 420 24' 22', a distance of 259.53 feet to the actual point of beginning of the line to be described; thence N 33° 27' 06" E, not tangent to said curve, a distance of 144.87 feet to a point on the southerly right of way line of Interstate Number 94 and there terminating. WHEREAS, the City believes that said portion of old state highway no. 152 as said portion of highway is no longer need for highway purposes; and WHEREAS, the City believes that said portion of old state highway no. 152 would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the interest of the public to vacate said portion of old state highway no. 152; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that the portion of old state highway no. 152 described above is no longer need for highway or street purposes; and 2. The City finds that said portion of old state highway no. 152 would best serve the public if it were a tax -generating property; and 3. The City finds that it is in the interest of the public to vacate said portion of old state highway no. 152; 4. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of said portion of old state highway no. 152. Dated: Mayor ATTEST: Clerk 0 0 • NOTICE OF PUBLIC HEARING City of Albertville, Minnesota The City of Albertville shall hold a public hearing on Tuesday, February 17, 1998, at 7:30 PM at the Albertville City Hall, 5975 Main Avenue NE, Albertville, Minnesota, to consider the vacation of a portion of Kadler Avenue described as: To Be Vacated: KADLER AVENUE (Section 2 bt 3) A 66.00 foot easaneru for public right of 'WAY . purposes, the side lines of said easernent are to be prolonged or shortened to terminate on outer public right of way "semen lines. That of Sections 2 and 3, Township 120, Range 24, Wright County, Mimmota, the centerline being Dart as follows: Commeaaag at the northwest comer of Section 2; thence South 88" 39' S7° East, assumed bearing, along the north line of the Northwest Quarter of Section 2, a dimanee of 145.00 feet to the point of beginning of the centerline to be dewibech thence South 53° 01' 12" West, a distance of 117.14 feet; thence southerly along a tangential curve, concave to the east, having a central angle of W 49' 08', radius of 119.96 feet, and arc length of 105.39 feet; thence South 2013' W Wes; a distance of 1349.19 feet to the centerline of County Road No.119 and g thereat. All those interested in this issue will have an opportunity to be heard at the public hearing. The proposed resolution to be considered at the public hearing is as follows: CITY OF ALBERTVILLE COUNTY OF WRIGM STATE OF MINNESOTA RESOLUTION #1998-3 A RESOLUTION VACATING KADLE:Et AVENUE WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of Kadler Avenue described as: To Be Vacated: KADLER AVENUE (Secdon 2 6t 3) A 66.00 foot euanent for public right of wW purposes, the side lines of said auetnent are to be prolonged or shortened to terminate on other public right of way ammaent lines. That of Se2 and 3, Township 120, Range 24, Wright County, Minmota, the centerline being Mbedw as follows: Commencing at the northwest corner of Section 2; thence South 880 39' 57' East, assumed beaft Jong the north line of the Nordrwest Quarter of Section, 2, a distance of 145.00 feet to the point of be0wing of the cena line to be thence South 530 OV 12" West, a distance of 117.14 feet; thence aouthetly gong a tangent W curve, concave to the east, having a cenunl angle of SW 48' 0831, radius of 118.86 feet, aid arc length of 105.39 feet; thence South r 13' 04r West; a distance of 1349.19 fee to the centerline of County Road No.118 and terminating thereat. WHEREAS, the City believes that Kadler Avenue is no longer needed for road purposes; and WHEREAS, the City believes that Kadler Avenue would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the best interest of the public to vacate Kadler Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that Kadler Avenue described above is no longer needed for street purposes; and 2. The City finds that Kadler Avenue would best serve the public if it were a tax -generating property; and • 3. The City finds that it is in the interest of the public to vacate Kadler Avenue; 4. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of Kadler Avenue. PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17TH DAY OF FEBRUARY, 1998. ATTEST: Linda Goeb, City Clerk 0 Mark S. Olsen, Mayor CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MI1�II�iESOTA RESOLUTION #1998-3 A RESOLUTION VACATING KADLER AVENUE WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of Kadler Avenue described as: To Be Vacated: KADLER AVENUE (Section 2 & 3) A 66.00 foot easement for public right of way _ purposes, the side liras of said easement are to be prolonged or shortened to temunate on other public right of way easernent lines. That part of Sections 2 and 3, Township 120, Range 24, Wright County, Minnesota, the centerline being described as follows: Commencing at the northwest corner of Section 2; thence South 88" 39' 376 East, assumed bearing, along the north line of the Northwest Quarter of Section 2, a distance of 145.00 feet to the point of . beginning of the centerfine to be described; thence South 536 01' 12" West, a distance of 117.14 feet; thence southerly along a tangential curve, concave to the east, having a central angle of 500 48' 08% radius of 118.96 feet, and arc length of 105.39 feet; thence South 20 13' 04" Wrsr, a distance of 1349.19 feet to the centerline of County Road No.118 and terminating thereat. WHEREAS, the City believes that Kadler Avenue is no longer needed for road purposes; and WHEREAS, the City believes that Kadler Avenue would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the best interest of the public to vacate Kadler Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that Kadler Avenue described above is no longer needed for street purposes; and 2. The City finds that Kadler Avenue would best serve the public if it were a tax -generating property; and 3. The City finds that it is in the interest of the public to vacate Kadler Avenue; 4. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of Kadler Avenue. • PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17TH DAY OF FEBRUARY, 1998. ATTEST: Linda Goeb, City Clerk • • Mark S. Olsen, Mayor CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441- 4414 Elk River, MN 55330 Fax: (612) "1-8823 • 0 February 11, 1998 Honorable Mayor & Council C/O City Administrator Dave Lund City of Albertville 5975 Main Avenue NE Albertville, MN 55301 Re: Public Hearing Proposed Kadler Avenue Vacation & Closing Dear Mayor & Council: This letter is to inform the City Council of Albertville that the City of Otsego reiterates its objection to the proposed vacation and closing of Kadler Avenue and asks that any action be delayed. The reason for this objection is that the developers have never applied to the City of Otsego and Otsego residents affected by the proposed closing have not had a forum to examine the plans and ask questions. The Otsego City Council received a presentation from the developer on the road closing plan on Monday, January 26, 1998. We have yet to receive an official application. I have sent a letter to the developer and his engineer describing our requirements along with an application form. If you have any questions, please give me a call. Sincerely, r Michael Robertson City Administrator CC: City Council City Staff & Consultants Bob Derus, City of St. Michael r: U • c14te CONDITIONAL USE AGREEMENT Vetsch Custom Cabinets THIS AGREEMENT, entered into this day of , 1998 bid between David M. Vetsch, dlbla Vetsch Custom Cabinets, and Jeanne M. Vetsch, collective referred to herein as "Developer"; and the CITY OF ALBERTVLLLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel of land ("Property") legally described as follows: Lot 1, Block 1, Vetsch Commercial Park, City of Albertville, Wright County, Minnesota; upon which parcel of land Developer has applied to the City for a Conditional Use Permit (CUP) for the purposes of allowing the leasing of office space unrelated to the Vetsch Cabinet operations. Said CUP is the subject of this agreement; and WHEREAS, the City has ted Developer's CUP request contingent upon completion and continuing compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City further re uires that certain site improvements be installed by the Developer within and about the Property, and that the Developer at all times comply with certain other restrictions related to the use of said Property as detailed in this agreement; 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 use of the Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of the issuance of the Ci 's CUP, Developer agrees as follows: 1. Conditional Use Permit. Di allow the Developer to lease operations of Vetsch Custom on a continuing basis: per is hereby granted a Conditional Use Permit to .e space to third parties which are unrelated to the inets, provided the following requirements are met 1 0 • 0 A. Developer agrees to provide 26 paved parking spaces at a length of 20 feet per parking space.. B. Developer agrees to provide curbing on the south side of the parking lot (to channel storm water) and at the driveway entrances to the property. C. The amount of wall space on the exterior of the building constructed of metal is limited to 75 percent of the total wall area and 75 percent of the front and right elevations which face public rights -of -way. D. Detailed signage plans are submitted for review and approval by the City Planner which show that all signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance. E. Developer agrees to construct said addition and install all structures and landscaping as detailed on the site plan attached as Exhibit A. F. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way. G. All areas disturbed during construction shall be seeded or sodded at the earliest feasible date to prevent soil erosion. H. If landscaping is to be provided in those areas adjacent to Barthel Drive, the future location of an eight foot trail to be located five feet back from the curb is taken into consideration so as the two do not interfere with one another. I. The outside storage of materials, equipment and inventory shall be prohibited on the subject property within front or side yard areas. J. Soil corrections performed on site are documented and approved by the City Building Inspector and/or City Engineer. 2. Developer's Expense. Installation of all site improvements required by this agreement shall be at the sole expense of the Developer. 3. Limited AParoval. This agreement and the issuance of the Conditional Use Permit which is the subject of this agreement in no way constitutes approval of anything other than that specified within this agreement. 2 4. Develog&r to Comply with City Ordinances. Developer shall at all times comply with all City ordinances applicable to the Property and the business operations conducted on the Property. 5. Construction and Installation of Site Improvements. The Developer shall construct the site improvements detailed on the attached Exhibit A, including paved parking lot and landscaping in accordance with the terms of this agreement. Said improvements shall be installed by June 30, 1998 at the sole expense of the Developer. 6. 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 Agreement, 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 prior to completion of all Site Improvements, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Property, 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 Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Property. In the event that said costs are not paid, the City may withdraw funds from any of the above -mentioned escrow funds for the purpose of paying the costs referred to in this paragraph. • 7. Developer To Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all administrative, legal, and professional costs incurred in the creation, administration, enforcement or execution of this Agreement as well as all costs incurred by the City in processing Said Property. Should the Developer fail to pay said costs within 30 days of request by the City, the City may reimburse itself from the Developer's letter of credit and/or may assess said costs against the Subject Property. 8. 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 Property. 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 3 • in Said Property. 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 either surety described above. 9. 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. 10. Miscellaneous. A. All municipal 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. B. Developer agrees that all items required to be constructed under this agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contrast is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. B. 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, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a deemed a waiver or release of any City rights under this agreement. C. This Contract shall run with the land and may be recorded against the title to the property. 0 L] in Said Property. 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 either surety described above. 9. 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. 10. Miscellaneous. A. All municipal 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. B. Developer agrees that all items required to be constructed under this agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. 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. 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, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a deemed a waiver or release of any City rights under this agreement. C. This Contract shall run with the land and may be recorded against the title to the property. 4 0 11. Violation of Agreement. Should Developer breach of any of the terms of this Contract in such a manner that the City believes merits revocation of the Conditional Use Permit granted under this agreement, the City shall give Developer seven (7) days mailed notice of City's intent to revoke said Permit, and if such default is not cured within said seven (7) day period, the City may hold a revocation hearing to determine whether said Permit should be revoked. If Developer fails to correct said breach by the time the revocation hearing is held, the City may revoke said Conditional Use Permit if it reasonably finds that said breach warrants revocation. If Developer remedies said breach after the expiration of the seven day period but before said revocation hearing is completed, Developer shall pay all City expenses (including, but not limited to planner's, engineer's, attorney's and other professional fees) related to the breach and revocation hearing. 12. Phased Development. If the development of the Property as detailed in this agreement is a phase of a multi -phased development of the Property, approval of this phase shall not be construed as approval of future phases nor shall it bind the City to approve future phases of development. 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. 13. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and/or third parties for damages sustained or cosh incurred resulting from the granting of the Conditional Use Permit and/or development of Said Property. 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. 14. Developer Bound by Contract. Developer shall be personally liable for the fli fillment of all obligations under this Contract. Assignment of this contract shall not relieve Developer of its obligations related to the construction of the Site Improvements described herein. 15. Attorneys Fees. The Developer will pay all reasonable attomey's fees incurred by the City and as fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement. 16. 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 5 0 follows) to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Vetsch Custom Cabinets C/o David M. Vetsch 5850 Barthel Industrial Drive P.O. Box 98 Albertville, MN 55301 Telephone: 497-3060 10 17. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. r CITY OF ALBERTVILLE, • 1.1 By Its Mayor By Its Clerk DAVID M. VETSCH David M. Vetsch JEANNE M. VETSCH Jeanne M. Vetsch STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by Mark Olson, 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 MITNNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1998, 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 STATE OF M I NNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 1998, by David M. Vetsch. Notary Public is day of STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1998, by Jeanne M. Vetsch This Document Drafted by: Michael C. Couri Radmill Law Office 705 Central Ave. E. P.O. Box 369 St. Michael, MN 55376 Notary Public 9 • RXEI�IT A Site Plan .� ��w„ iy�r �. • (a pi • • to EXHIBIT A TO VETSCH CUP AGREEMENT �3r.a9� M, m --1 r QD M-1 l7 r-- DRAINAGE DITCH SHOP ARF-A 7c PLANNING & ZONING COMMISSION February 10,1998 Albertville City Hall 7:00 PM PRESENT: Chair Howard Larson, Commissioners Carolyn Bauer, Dan Robertus, Jim Brown and Patti Stalberger, Zoning Administrator David Lund, Deputy Zoning Administrator Linda Goeb, and City Planner Liz Stockman Chair Larson called the regular meeting of the Planning & Zoning Commission to order. The agenda was amended by the deletion of Item 4C (Review revised preliminary plat of Parkside Commercial Center) and by adding Item 4E — Grant Proposal. Robertus made a motion to approve the agenda as amended. Bauer seconded the motion. All voted aye. Bauer made a motion to approve the minutes of the January 13, 1998, meeting as presented. Robertus seconded the motion. All voted aye. Chair Larson opened the public hearing on the preliminary and final plat of 1 Barthel Commercial Park Second Addition. This plat divided Outlot A of Barthel Commercial Park into two parcels —one of which will be developed into the STMA Ice Arena. Planner Stockman stated she saw no problem with the plat as designed. A letter was received from Diane Vinge Sorenson regarding her concern over the shared access indicated on the plan. Paul Ederer, representing the STMA Hockey Arena, stated he had met with Ms. Sorenson earlier in the day and they are attempting to work out an acceptable arrangement. Stockman encourages an agreement for sharing the exit, however, an exit on the hockey lot is feasible. The advantage of having a shared access is that six busses could stack if the driveway is shared. However, with its own driveway, the lot could stack four busses. There is additional space on the far east side of the parking lot for extra busses. Commissioner Robertus does not want busses parking on the street. There was no other public comment, and Chair Larson closed the public hearing on the preliminary and final plat for Barthel Commercial Park Second Addition. Chair Larson opened the public hearing to consider the variance request from the STMA Ice Arena to remove the 40' distance requirement between the ingress and egress and the intersection of 60t' Street and Lachman Avenue NE. 0 Planner Stockman stated she has no objections to the variance proposed, as it is an acceptable arrangement due to the unique configuration of the streets. There was no public comment. Chair Larson closed the public hearing on the 40' variance request. Chair Larson opened the public hearing to consider the variance request from the STMA Ice Arena to change the setback requirement for a parking lot from 10' to 0'. Planner Stockman explained that the setback for the parking lot to 0' is satisfactory since the Ice Arena has the first right of refusal on the adjoining property to the south. Stockman explained that the variance is being requested in order to allow for future expansion to the arena. There were discussions of moving the building itself to the north an additional 10', requiring a variance to the rear yard setback. It is preferable to the arena to provide the additional 10' on the south of the building, thereby maintaining the 20' setback on the north line for snow storage, possible vehicle movement, etc. There was no public comment. Chair Larson closed the public hearing. Stalberger made a motion to adopt the Findings of Fact & Recommendation, approving the preliminary and final plat of Barthel Commercial Park Second Addition, granting a variance to remove the 40' distance requirement, and granting a variance from the setback requirement for parking lots. The Commission recognizes the need for the two variances as a physical hardship on the property to allow for future expansion. Brown seconded the motion. All voted aye. Chair Larson then moved to the site and building plan review for the STMA Ice Arena. Drainage plans must be submitted to the city engineer for his review and approval. Commissioner Robertus requested that alternative overflow bus parking areas be shown on the site plan. Don Barthel, the property owner to the immediate west of the ice arena site, stated he is willing to allow overflow bus parking on his bus garage parking lot. Robertus made a motion to approve the site and building plan review for the STMA Ice Arena, contingent upon drainage plan being approved by the city engineer and acceptance of Don Barthel's offer to allow overflow bus parking on the bus garage property. Stalberger seconded the motion. All voted aye. Chair Larson opened the public hearing at 7:45 PM to consider the rezoning request from P/I (Public/Institutional) to B-3 (Highway Commercial) for a 13-acre portion of the Marx property. 2 Planner Stockman advised the Commission that the rezoning request is not compatible with the city's Comprehensive Plan, nor with the Comprehensive Parks & Trails Plan. The response to the rezoning request is a policy to be determined by the Commission and the City Council. Jeff Kopp stated that he is not a partner in the development proposed. He is simply an interested party to the development of this parcel. Bernard Marx stated he feels it is unfair to the property owner when the city zones a parcel without contacting the property owner. The Commission reminded Marx that he was present at many meetings during the establishment of the Comp Plan and the Parks & Trails Plan. Judy Roden stated that all property in the city is zoned in the Comp Plan. Her property is zoned commercial and must be developed as such. Jeff Kopp stated that the proposed sports bar, ball fields, and volleyball courts would be a $1 million plus operation and the City would benefit from the increased tax base. The proposal is also beneficial to the service organizations, the Friendly City Days Committee and the STMA Ice Arena overflow parking concerns. The Commissioners indicated they are not in opposition to the use proposed, but they question rezoning in opposition to the Comp Plan and Parks & Trails Plan. Chair Larson suggested that the developer look into the B-3 zoned property along County Road. 19 for a site. Bernard Marx stated that no one would be able to pay commercial land costs for ballfield development. John Daniels, the developer of the proposed project, agreed that it may be better to have the sports bar complex along County Road 19, but it defeats the purpose of having the parking lots adjoin the ice arena and the current City Park limits. He further stated that the project would come in between $1.7 and $2 million. Don Jensen, stated that Kenco supports the proposal, but they are concerned over the number of liquor licenses available in the city. The clubhouse on Cedar Creek Gold Course will require a liquor license, as well as the sports bar. The Commission also expressed concerns that the proposal is adult -orientated and will not meet youth baseball needs. Daniels stated that he will donate use of the ball fields for youth baseball during weekday hours. He also indicated he will donate use of the fields weekday evenings to the softball leagues. Jerome Scherber, another partner in the proposed development, explained that the area proposed to be dedicated as parkland would be a piped ditch vs. the existing open ditch. 40 The Commission questioned how much of the 13 acres are wetlands. Bernard Marx stated that only about two thirds of an acre of the parcel is wetland, contrary to the map presented by Planner Stockman. Planner Stockman explained that public recreational use is not allowable in the B- 3 zone. The proposed use appears to be more private than public. She also indicated that the proposed park land to be dedicated is landlocked. Bernard Marx stated that the parking lots shown in the park land and the sports bar complex could be used to travel from 6e Street to City Park. Judy Roden stated that youth baseball leagues are playing most of their games in the evening to avoid the conflict with parents work schedules. There was no further public comment. Robertus made a motion to request the City Council inform the Commission before the next regular Planning meeting if they have immediate plans to acquire the Marx property currently zoned P/I and to continue the public hearing on the rezoning question to the March 10, 1998, meeting. Larson seconded the motion. All voted aye. The Commission reviewed the site and building plan for the Security State Bank of Maple Lake. Planner Stockman stated that the property is properly zoned and meets most of the requirements. However, the landscaping shrubs along the parking lot will not reach the four feet height requirement at maturity. The Commission concurred that the shrubs maturing at around three feet in height are adequate. Brown made a motion to adopt the Findings of Fact & Recommendation for the site and building plan review, accepting the shrubbery as proposed on the site plan. Stalberger seconded the motion. All voted aye. Zoning Administrator Lund reported that he will be applying for a grant for the park and trail system. He asked for suggestions for the grant application. Bauer made a motion to adjourn at 9:50 PM. Brown seconded the motion. All voted aye. Howard Larson, Chair Linda Goeb, Deputy Zoning Administrator 4 WY OF ALBERTVILLE 7cCX��(43 . Planning CommWion Findings of Rect & Recommendation Appilanes Neale: St Michael Alberivilla Ice arena Don Barthel and Paul Ederer Request: Plans have been submitted for construction of the Albertville -St. Michael Ice Arena. The proposed facility is planned on a two acre site dedicated by Don Barthel on Lachman Avenue NE. The building encompasses 27,380 square feet (foot print size) and shows future exterior expansion space of 2,240 to 4,480 square feet. The interior is to be constructed is phases as well. The request also ktcludee subdivision of the subject property from the existing outlot and platting of portions of Lachman Avenue NE and 60th Street NE to provide a through local street connection. The property was recently rezoned to P11, Pubiictinstitutionai from B-3, Highway Commercial. Planning Cm mission Meeting Dots: 10 February 1998 Wings of Fact: Based on review of the application and evince received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: Lot 1, Block 1 Barthel Commercial Park Second Addition 2. The requirements of Section 600 (Variances) of the City Zoning Ordinance have been met. 3. The planning Report dated 4 February 1998, prepared by NAC. Inc. and the memorandum dated 5 February 1998, prepared by SEH are incorporated herein. 4. On 10 February 1998 the Albertville Planning Commission conducted a public hearing to consider the applicants request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. recommendation: Based on the foregoing considerations and applicable been ordinances, t e applicants sed the request for ' most current plans and information received to date. 1. The road must be constructed to the southern border of the ice arena site. 2. A written shared eccess is agreement is signed with L&D Trucking to the north or the proposed bus drop-off is revised to be within the property lines. 3. A variance is approved to allow the bus drop-off/parldng lot entrance closer than forty (40) feet from the intersection of the two street rights -of -way. d. The City Engineer reviews and approves the 30 foot curb cut width. 5. A 10 foot variance is approved for the parking lot setback from the south property line or the parking lot is reconfigured. 6. The eastern portion of the parking lot is moved slightly west to lie outside of the drainage and utility easement along the east lot line. 1] • is 7. A perimeter curb is shown around the entire parking lot unless waived by the City Engineer. 8. A minimum of 84 parking spaces are shown on site In addition to providing extra space for bus overflow parking (options below). A revised site plan is submitted showing how the car/bus parking lot will be configured. a. Bus parking may be provided where car parking is currently shown on the plan near the entrance, whereby the car parldng would be expanded to the east side of the building. b. Bus overflow may be provided on a one-way single lane drive along the north side of the building proceeding from out to west. c. Written agreement is obtained from the adjacent property owner, Don Barthel, to allow overflow bus parking on his property during evening hours. 9. The City Engineer reviews and approves all grading, drainage, and utility issues. 10. The landscape plan is revised to show the Autumn Blaze tree species as indicated in the planting schedule. 11. A full set of revised site and building plans are submitted for review by City Staff prior to Issuance of a bulkgng permit. These plants should show how the zambonl will enter and exit the building and where the Ice/snow may be stored outside. 12. The location of refuse containers must be indicated on plans. If they are to be located outside, they shalt be screened from view via solid fencing to a height of six (6) feet. 13. A signage plan must be submitted for review by the City Planner. 14. AN future prow Phases am reviewed and approved by City Staff or City Council as required and a building permit is obtained prior to oonstruation. 16. The plat is signed and recorded at Wright County. Adopted by the Albertville Planning Commission this 1 Oth day of February 1998. PC: City of Albertville 07 Linda Goeb, City Clerk Howard Larson, Chair Paul Ederer, Don Barthel, Delano Erickson, David Lund, Unda Goeb, Mike Courl, Pete Carlson, Kevin Mealhouse 2 2-11.9i3 CITY OF ALBERTVIL.LE City council Findings of Fact & Decision Applicant's Nsrtte: Michnal.Albeftplls Ice Arena Don Barthel and Paul Ederer Request: Plans have been submitted for construction of the Albertville -St. Michael Ice Arena. The proposed facility is planned on a two acre site dedicated by Don Barthel on Lachman Avenue NE. The building encompasses 77,380 square feet (foot print size) and shows future exterior expansion space of 2,240 to 4,480 square feet. The Interior is to be constructed Is phases as well. The request also prudes subdivision of the subject property from the existing outlot and plat" of portions of Lachman Avenue NE and 60th Street NE to provide a through local street connection. The property was recently rezoned to P/i, Public/Institutional from B-3, Highway Commercial. City Council Meeting Date:17 February 1998 Rndinys of Fact Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is as follows: Lot 1, Block i Barthel Commercial Park Second Addition 2. The requirements of Section 500 (Variances) of the City Zoning Ordinance have been met. 3. The Planning report dated 4 February I M, prepared by NAC, Inc. and the memorandum dated 5 February 1 M. prepared by SEH are inoarporated herein. 4. On 10 February 1888 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission dosed the public hearing and recommended that the City Council approve the project - Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for and final n review has been approved based on the most current plans and information received to date. 1. The road must be constructed to the southern border of the ice arena site. 2. A written shared access is agreement is signed with L&D Trucking to the north or the proposed bus drop-off is revised to be within the property Ones. 3. - A variance Is approved to allow the bus drop-off/paridng lot entrance closer than forty (40) feet from the intersection of the two street rights -of -way. 4. The City Engineer reviews and approves the 30 foot curb cut width. 5. A 10 foot variance is approved for the parldng lot setback from the south property line or the parking lot is reconfigured. S. The eastern portion of the parking lot is moved slightly west to fie outside of the drainage and utility easement along the east lot one. 7. A perkneter curb is shown around the entire parking lot unless waived by the City Engineer. 8. A minimum of 84 parking spaces are shown on site in addition to providing extra space for bus overflow part" (options below). A revised site plan is submitted Showing how the MAUS parking lot will be configured. a. Bus parking may be provided where car parking is currently shown on the plan near the entrance, whereby the car parking would be expanded to the east side of the building. 0. Bus overflow may be provided on a one-way single lane drive along the north side of the building proceeding from east to west. c. Written agreement is obtained from the aclacent property owner, Don Barthel, to allow overflow bus parking on his property during evening hours. 9. The City Engineer reviews and approves oil grading, drainage, and utility issues. 10. The landscape plan is revised to stow the Autumn Blaze tree species as Indicated in the planting schedule. 11. A full set of revised site and building plans are submitted for review by Cfty Staff prior to Wsuw= of a buiklfng permit. These plans should show how the zambonl will enter and exit the building and where the lWsnow may be stored outside. 12. The location of refuse containers must be indicated on plans. if they are to be located outside, they shall be screened from view via sold fencing to a height of six (6) f+eet. • 13. A signage plan must be submitted for review by the City Planner. 14. All tutors project pheses are tevWwad and approved by City Staff or City Council as reWlred and a bWkting permit Is obtained prior to construction. 15. The plat is signed and recorded at Wright County. Adopted by the Albertville City Council this I day of February 1998. City of Albertville By: Attest: -- Unda Goeb, City Clerk Mayor Mark Olsen PC: Paul Ederer, Don Barthel, Delano Erickson, David Lund, Linda Goeb, Mike Couri, Pete Carlson. Kevin Mealhouse 2 CITY OF ALBERTVILLE Applicanra Name: ftgutb State Bank_ Q== E$jrger 1- Planning Commission Findings of Fact & Recommendation Request: Mr. George Palmer in cooperation with HTG Architects has submitted plans for construction of a new bank facility in the City. The temporary facility exists at the comer of Main Street and CSAH 37, which will be replaced by the new site located in the southeast quadrant of the CSAH 19 and 37 intersection. The proposed plans show a 3,770 square foot (1,000 sf lower level) building with a 3-lane (expandable to four) dilvo4hru and exterior cash machine. The auto -bank canopy encompasses another 564 square feet. Space on the east side of the property is reserved for future expansion which may include up to 2,600 square feet of additional main floor space and 2,300 square feet of lower level space. The property is zoned B-3, Highway Commercial within which banks are permitted uses. Planning Commission Meeting Date: 10 February 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: • 1. The legal description of the subject property is as follows: Lot 1 and the west 30 feet of Lot 2, Block 2 Sunrise Commercial Park, Wright County 2. The Planning Report dated 3 February 1998, prepared by NAC, Inc. and the memorandum dated 5 February 1998 prepared by SEH are incorporated herein. 3. On 10 February 1998 the Albertville Planning Commission conducted a meeting to consider the applicant's request, preceded by a mailed notice. Upon review of the application and evidence received, the Planning Commission closed the meeting and recommended that the City Council approve the project. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Site 613d Building Plan Approval has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The shared access easement on Savitski's property which has been revised is recorded with Wright County. 2. The secondary access drive from CSAH 19 may be constructed provided written agreement is obtained from the adjacent land owner and the alignment is approved by the City Engineer and Wright County Engineer. 3. All grading, drainage, and utility issues shall be subject to review and approval of the City Engineer. 4. A written agreement is provided to the City as signed by Mr. Palmer and adjacent land owner Mr. Barthel whioh allows the bank to direct about W of their storm water runoff across the 10 foot drainage easement on the north side of the Barthel Commercial Park to an already approved storm wester piping system along the west side of Lachman Avenue which ultimately ends up draining to a holding pond area. The east side of the bank's property shall be benned as part of the current project to prevent potential future runoff Into the adjacent Savitski property. S. A cash park dedication contribution is made to the City equal to the agreed upon fair market value of .11 awes (4,664 sf) of B-3 zoned land as discussed herein less the actual cost of trail installation (estimated at $3,680). 6. A ten (10) foot trail is constructed along the south side of CSAH 37, inclusive of a flared ramp end where It meets CSAH 19 to allow for handicapped and bicycle access. It shall be constructed to city standards as is required by the City Engineer. 7. Detailed signage plans must be submitted for review and approval of the City Planner. S. The wood enclosure shown around the trash receptacle is constructed to a height of six (6) feet and shall provide a solid visual screen. Adopted by the Albertville Planning Commission this 10th day of February 1998. i City of Albertville By: Howard Larson, Chair Attest: Linda Goeb, City Clerk pc: George Palmer, David Lund, Linda Goeb, Mike Couri, Pete Carlson 2 2-11-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicant's NNW Request: Mr. George Palmer in cooperation with HTG Architects has submitted plans for construction of a new bank facility in the City. The temporary facility exists at the corner of Main Street and CSAH 37, which will be replaced by the new site located in the southeast quadrant of the CSAH 19 and 37 intersection. The proposed plans show a 3,770 square foot (1,000 sf lower level) building with a 3-lane (expandable to four) drive-thru and exterior cash machine. The auto -bank canopy encompasses another 564 square feet. Space on the east side of the property is reserved for future expansion which may include up to 2,600 square feet of additional main floor space and 2,300 square feet of lower level space. The property is'zoned B-3, Highway Commercial within which banks are permitted uses. City Council Meeting Date: 17 February 19M Finings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: • 1. The legal description of the subject property is as follows: Lot 1 and the west 30 feet of Lot 2, Block 2 Sunrise Commercial Park, Wright County 2. The Planning Report dated 3 February 1998, prepared by NAC, Inc. and the memorandum dated 5 February 1998 prepared by SEH are incorporated herein. a On 10 February 1998 the Albertville Planning Commission conducted a meeting to consider the applicant's request, preceded by a mailed notice. Upon review of the application and evidence received, the Planning Commission closed the meeting and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for Site and Building Pam_ roval has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The shared access easement on Savitski's property which has been revised is recorded with Wright County. 2. The secondary access drive from CSAH 19 may be constructed provided written agreement is obtained from the adjacent land owner and the alignment is approved by the City Engineer and Wright County Engineer. • 3. AU grading, drainage, and utility issues shall be subject to review and approval of the City Engineer. 4. A written agreement is provided to the City as signed by Mr. Palmer and adjacent land owner Mr. Barthel which allows the bank to direct about 2/3 of their storm water runoff across the 10 foot drainage easement on the north side of the Barthel Commercial Park to an already approved storm water piping system along the west side of Lachman Avenue which ultimately ends up draining to a holding pond area. The east side of the bank's property stall be bermed as part of the current project to prevent potential future runoff into the adjacent Savitski property. 5. A cash park dedication contribution Is made to the City equal to the agreed upon fair marks value of .11 acres (4,864 at) of B-3 zoned land as discussed herein less the actual cost of trail installation (estimated at $3,680). 6. A ten (10) foot trail Is constructed along the south side of CSAH 37, inclusive of a flared ramp and where it meets CSAH 19 to allow for handicapped and bicycle access. It shall be constructed to city standards as is required by the City Engineer. 7. Detailed signage plans must be submitted for review and approval of the City Planner. 8. The wood enclosure shown around the trash receptacle is constructed to a height of six (6) feet and shall provide a solid visual screen. Adopted by the Albertville City Council this 17th day of February 1998. 0 City of Albertville • By: Mayor Mark Olsen Attest: Lima Goeb, City Clerk pc: George Palmer, David Lund, Linda Goeb, Mike Couri, Pete Carlson P; TOTAL P.08 6 To: City Council From: David Lund Date: February 11, 1998 Subject: Marx Property Last night, at the Planning and Zoning Meeting, a proposal was made to create a sports bar/restaurant and recreation facility on the Marx property west of Lion's Park. At the end of the presentation, the Commission made a motion to ask the City Council "what their interest is in the Marx Property." Here are some of the stated positives for the city in approving the project. 1. `It's a two million dollar project." 2. It will bring an addition to the commercial base of the city and tax revenue. 3. It will put Albertville on the map by bringing softball tournaments to the city. 4. The economic impact to the businesses will be great. 5. The proposal will donate land to the city for park expansion and benefit the ice arena and hockey association by providing more parking and moving the • outdoor rink closer to the arena. The Commission questioned whether this project would be a better fit along County 19. The presenters did not support that idea because: 1. They are counting on sharing parking with Lion's Park 2. They want to be able to rent the city field to add to their tournament 3. They want to be near the ice arena to encourage users to patronize the restaurant 4. Mr. Marx has other uses in mind for the land on County 19 The planner did not support the project because it does not fit into the Comprehensive Park and Trail System Plan, it would stop park expansion to the west, the B-3 zoning would be in excess of what is needed city-wide, the restaurant/bar athletic field development benefits do not outweigh the negative aspects such as the predominance of adult games, limitation of youth activities, availability of alcohol, site design and layout issues and vehicular safety/accessibility. The proponents of the project acknowledged that the youth baseball program would not support this project because of the alcohol issue. Some isolated comments from the project presenters: 1. The owners aren't getting any younger, they would like to enjoy the profits from their land 2. Bernie Marx said he had tried to sell the land to the Council earlier, but nothing happened. When asked to describe the offer, he said, he had talked privately with one of the Council Members in the parking lot, stated a price, and expected a response. No offers have ever been made by the City. Albertville Comprehensive Park and Trail System Plan, Adopted September 8,1997 "Lion's/City Park is Albertville's main park facility and most heavily used park. At a minimal size of 5.11 acres....... etc. Classified as a Community Playground, Lion's/City Park should at a minimum double in size to encompass 10 acres within three years....... etc. As the City's only Community Playground within the plan, the park should reach a size of 20 acres by the year 2010.... etc. The 12.82 acres associated with the proposed project fits perfectly with the zoning and the City's Comprehensive Plan. The landowner feels trapped because of the zoning and no official interest by the City. I propose we proceed to acquire the land by drafting a purchase agreement to be presented within two weeks of the Council Meeting. If the City places any importance on the Comprehensive Plan, the land in question needs to be acquired or the park is destined to remain small, forever. If an agreement can not be • reached, the City might want to consider condemnation proceedings. The Comprehensive Plan includes the ultimate development of more ymuth focused facilities on the property. A "two million dollar project" is going to require "deep pockets" and exceptional promotions in a community of this size. An interesting side issue surfaced by Don Jensen, Pilot Land Development. He was told that there is only one liquor license available (based on community size). The golf course and the sports bar would both need a license. Attachments: Map of area in question Acquisition Policy 0 '� � .�•rr+. �� ./••�"�`••Y••Ir%''!1'•p`�. '�i.^will' w�•�!•^ ,it�Tr ,; ..1 . •: \•�y:.r:'• ••\ 't ,:. �(,. ! •1 r i J4i�ti �� •�st^ft•,'(i. �'i.V. / .t IUE' �, i� :'7'V: 1. a'�. h l+L'.\ r' �t :i ;� ,,.�•r. I, •�ri .a,. .t.•:. �,: '► ft ftr r • .� • {` :f • : , � .I ,,`~'�; s�'� � ,�• i..n i•: rid,. ,'r R� �' • . -/ .r, • �'l !ti ,, �_ .r�*7 r+µ.i �.}.• , , t • .wiMw,.+A' _ � � ...I—� ..�.. Lam. ,L:A/r { r' (:.'•• ' li i . N, • •,. � t • r• ll. N ;/ or J /I 1 'I ii..�,,��T �•.,: '••��.•,~ \;• rr %•�+•�•j.i i��,''~,V •r••r-.•r+rr :-.ti3.+.+.� ri h. f .t a.. �!S,, _''"> ! r :fit. ,�• ••.,; ..•.. .,1 r .. •t'.�'• �---�• i••r'+*• •�;. •+� (��Ti r+�• i 2._v' Ste.•• Yti' •�•%•r.,r �{ •rK •'Y• `;: It �.• / �:� g' :.•'�i.: ii':. �C. ;-��': : i �, ,71,,�., t,:.y �,• wT'•• r,IIS Y,+ r y ./•�.� i 'y'.t. ice•• •s'.e 'M ••'Yti �'i•r s+i•, rrf•1 •. �''•'•• •<. ' .~ f r.. w:.:%•fir._ .",Y'r i...-_. i l� ••�';�Y•..�„s.:.i.... i:�• wil' �•,; ��.•. n..uv� ; , .'< ► ! y. rn r"n ^.�onmums 4s P r7ll -am Inank 40 •'Tat i-1 �•• j / .r�q• ` • � I d -•-•r --r-'-'S'-'�--1 ��•t+�,i�; t l.. r-. �•-!-1 � /,prr •'..yaT,'t.'% i � «1 ' ' -% •� . • -'-+'ter - _ T- ,""'r +�rL i.,/wr� • f.•.. } V 1 "Y S �� POLICY PLAN 09. The Planning and Zoning Commission shall review and make recommendation to the City Council on all aspects of park/trail planning, design, acquisition, development, and maintenance. 10. The City shall achieve an equitable distribution of park lands, trails, recreational facilities, and programs throughout the community. ACQUISITION POLICIES �1. Acquisition of land for future park and trail development will be ihinhrio Q, for the City and shall be acquired (preferrably through dedication or purchase) in advance of actual need in order to ensure its protection, availability, and to avoid future development pressures which may result in lack of prime land area or higher acquisition costs. 2. Land shall be acquired to serve all recreational, open space, and transportation needs of the residents on both a neighborhood and community -wide basis. 3. Lands shall be acquired according to need in differing areas of the City 1n compliance with the Park Classification Guidelines contained herein which dictate the appropriate park size and corresponding service radii and neighborhood populations to be served. •. When determiningr park size, unusable land areas such as wetlands, drainageways, floodplain areas, etc. should not be included in the acreage calculation, but may be accepted as a portion of the recreational system for aesthetic or environmental or wildlife preservation purposes. 5. Land acquired will remain as easily maintainable open space until it is financially feasible for the City to develop and maintain more intense recreational facilities. 6. Besides the standard recreational programs and facilities typically recognized by the City, consideration should be given to the following areas: a. Areas for nature preservation. b. Historic preservation. C. Cultural enrichment. d. Facilities for the handicapped/disabled. e. Public activity areas and facilities in employment centers or privately owned developments. f. Organized sports and recreational activities. g. Teen programs and facilities. h. Senior citizen programs and facilities. • CITY OF ALBERTVILLE 1997 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 32 IMPLEMENTATION It is recommended that a specific annual CIP review schedule be established for the review of potential park/trail projects. This will enable persons who wish to request consideration of new items to present their position in ample time to change the CIP, if necessary, in a manner consistent with community needs and reducing or eliminating financial commitments being made for projects which might not proceed to the final construction stage in the event that they are deleted or moved back on the priority list. 1997-1998 PARK PRIORITIES Parks shall be constructed on a priority basis, according to the City's capital improvement plan and available funds. The following park projects represent the top priorities (in the order listed) as determined by the Planning and Zoning Commission at the time of document completion in the Summer of 1997. The projects shall be budgeted into the City's 5-year Capital Improvement Plan and shall be completed as time allows. 1. Overall Recreation System - Better maintenance of land (ie: weed problem and sand under playground apparatus) and equipment; Resolve current staffing problem and plan for additional staff as the recreational system grows. 2. Lion's/City Park - Land acquisition from Marx 0.Lion's/Ci Park - Upgrade or replace playground equipment. 4. Oakside Park - Plan for development and purchase of equipment. 5. Winter Park - Plan for development. 1997-1998 TRAIL PRIORITIES Trails shall be constructed on a priority basis, according to the City's capital improvement plan and available funds. The following trail projects represent the top priorities (in the order listed) as determined by the Planning and Zoning Commission at the time of document completion in the Summer of 1997. The projects shall be budgeted into the City's 5-year Capital Improvement Plan and shall be completed as time allows. 1. Require trails to be constructed as part of subdivisions (by developers). 2. Highway 19 (west side) - CSAH 37 to 53rd Street 3. CSAH 37 - Kalland Drive to 60th Street 4. 57th Street - Between Main Avenue and CSAH 19 (Marx property) 5. Barthel Industrial Drive - North of railroad to Large Avenue to CSAH 37 6. Barthel Industrial Drive - South of railroad to 50th Street • CITY OF ALBERTVILLE 1997 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE #1998 -1 CHAPTER 1010 BUILDING MAINTENANCE AND OCCUPANCY 1 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by registered mail to his last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Section 1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this ordinance, such person may appeal the compliance order to the City Council sitting as a Board of Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee set forth per council resolution, in cash or cashier's check, and must be filed with the city clerk within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in the furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory planning commission. The board of appeals may reverse, modify, or affirm in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to W. BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE CHAPTER 1010 Section Purpose . . . . . . . . . . . . . . . . . . . . . . . . 101 r/ Applicability of Ordinance . . . . . . . . . . . . . . . 102&-' Definitions . . . . . . . . . . . . . . . . . . . . . . 201 Responsibilities of Owners and Occupants. . . . . . . . 301 Maintenance of Shared or Public Areas . . . . . . . . . 302 Maintenance of Occupied Areas . . . . . . . . . . . 303 Storage and Disposal of Rubbish . . . . . . . . . . . . 304� Storage and Disposal of Garbage . . . . . . . . . . . . .JUo Responsibility for Storage and Disposal of Garbage and Rubbish . . . . . . . . . . . . . . . . . . . . . . .306 Responsibility for Storm and Screen Doors and Windows . 307 Responsibility for Pest Extermination . . . . . . . . . 308 Rodent Harborages Prohibited in Occupied Areas. . . . . 309 Rodent Harborages Prohibited in Public Areas. . . . 310 Prevention of Food for Rodents . . . . . . . . . . . . . 311 Sanitary Maintenance of Fixtures and Facilities . . . . 312 Minimum Heating Capability and Maintenance. . . . . . . 313 Removal of Snow and Ice . . . . . . . . . . . . . . . . 314 Minimum Exterior Lighting . . . . . . . . . . . . . . . 313 Maintenance of Driving and Parking Areas. . . . . . . . 316 Maintenance of Yards . . . . . . . . . . . . . . . . . . 317 Minimum Standards for Basic Equipment and Facilities. . 401 Kitchen Facilities. . . . . . . . . . . . . . . . . 402 Toilet Facilities . . . . . . . . . . . . . . . . . . . 403 Lavatory Sink . . . . . . . . . . . . . . . . . . . . . 404 F v CHAPTER 1010 Section Bathtub or Shower . . . . . . . . . . . . . . . . . . . 405 Stairways, Porches and Balconies. . . . . . . . . . . . 406 Access to Dwelling Unit . . . . . . . . . . . . . . . . 407 DoorLocks . . . . . . . . . . . . . . . . . . . . . . . 408 Minimum Standards for Light and Ventilation . . . . . . 501 Habitable Room Light and Ventilation. . . . . . . . . . 502 Nonhabitable Room Ventilation . . . . . . . . . . . . . 503 Electric Service, Outlets and Fixtures. . . . . . . . . 504 Minimum Thermal Standards . . . . . . . . . . . . . . . 601 General Requirements . . . . . . . . . . . . . . . . . . 701 Foundations, Exterior Walls and Roofs . . . . . . . . . 702 Windows, Doors and Screens. . . . . . . . . . . . . 703 Floors, Interior Walls and Roofs. . . . . . . . . . . . 704 Rodent Proof . . . . . . . . . . . . . . . . . . . . . . 705 Fence Maintenance . . . . . . . . . . . . . . . . . . 706 Accessory Structure Maintenance . . . . . . . . . . . . 707 Safe Building Elements . . . . . . . . . . . . . . . . . 708 Facilities to Function . . . . . . . . . . . . . . . . . 709 Grading and Drainage . . . . . . . . . . . . . . . . . . 710 Yard Cover . . . . . . . . . . . . . . . . . . . . . . . 711 Discontinuation of Service or Facilities. . . . . . . . 712 Screening . . . . . . . . . . . . . . . . . . . . . . . 713 Maximum Density, Minimum Space, Use and Location Requirements . . . . . . . . . . . . . . . . . . . . . . 801 3 Permissible Occupancy of Dwelling Unit. . . . . . . . . 802 One Family Per Dwelling Unit . . . . . . . . . . . . . . 803 CHAPTER 1010 Section Minimum Ceiling Height . . . . . . . . . . . . . . . . . 804 Access Through Sleeping Rooms and Bathrooms . . . . . . 805 Inspection . . . . . . . . . . . . . . . . . . . . . . . 900 `"� Licensing of Rental Units . . . . . . . . . . . . . . . 901 License Fees . . . . . . . . . . . . . . . . . . . . . 902 Owner or Agent to Apply . . . . . . . . . . . . . . . . 903 Resident Agent Required . . . . . . . . . . . . . . . . 904 Conformance to Laws . . . . . . . . . . . . . . . . . . 905 Inspection Condition . . . . . . . . . . . . . . . . . . 906 Posting of License . . . . . . . . . . . . . . . . . . . 907 License Not Transferable . . . . . . . . . . . . . . . . 908 Occupancy Register Required . . . . . . . . . . . . . . 909 License Suspension or Revocation. . . . . . . . . . . . 910 Conduct on Licensed Premises . . . . . . . . . . . . . . 911 Enforcement and Inspection Authority. . . . . . . . . .1001 v Inspection Access . . . . . . . . . . . . . . . . . . .1002 Unfit for Human Habitation . . . . . . . . . . . . . . .1101 Secure Unfit and Vacated Buildings. . . . . . . . . . .1102 Hazardous Building Declaration . . . . . . . . . . . . .1103 Compliance Order . . . . . . . . . . . . . . . . . . . .1201 Right of Appeal . . . . . . . .1202 Board of Appeals Decision . . . . . . . . . . . . . . .1203 Restrictions on Transfer of Ownership . . . . . . .1204 0 Penalties . . . . . . . . . . . . . . . . . . . . . . .1205 Execution of Compliance Orders by Public Authority. . .1206 Alternative Sanctions . . . . . . . . . . . . . . . . .1301 CHAPTER 1010 Section Penalties . . . . . . . . . . . . . . . . . . . . . . .1302�) Separability . . . . . . . . . . . . . . . . . . . . . . 1401 5 CHAPTER 1010 - BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 101. PURPOSE. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying buildings within the City of Albertville. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4. To provide minimum standards for light and ventilation, necessary to the health and safety of occupants of buildings. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this ordinance, it is no the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of .city government. Neither in enacting this ordinance is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises with the City of r i Albertville shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered or repaired. Section 201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this ordinance: 1. Approved - acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory Structure - a structure subordinate to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. 3. Building - any structure used or intended for supporting or. sheltering any use or occupancy. 4. Compliance Official - the Zoning Administrator/Building official and/or designated agents authorized to administer and enforce this ordinance. 5. Dwelling - a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one -family dwellings, two-family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit - a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family - any of the following definitions shall apply: A person or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; - Group or foster care of not more than six (6) wards or clients by an authorized person or person, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; A group of not more than five (5) person not related by blood, marriage or adoption maintaining a common 7 household in a dwelling unit. 8. Flush water closet - an approved toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. 9. Garbage - putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building - any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room - a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water - water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen - a space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple family dwelling - a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building - all other buildings or structures other than dwellings or dwelling units. 16. Occupant - any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator - the owner or agent who has charge, care, control or management of a building or part thereof. 18. Owner - a person, agent, firm, or corporation having a legal or equitable interest in the property. N. 19. Permissible occupant load - the maximum number of persons permitted to occupy a building or space within a building. 20. Person - an individual, firm, partnership, association, corporation or joint venture organization of any kind. 21. Plumbing - all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machined, catch basins, drain, vents, and any other similar fixtures and the installation thereof, together with all connection to water, sewer and gas lines. 22. Premises - a platted lot or part thereof of unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public corridor - a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse - all putrescible and non putrescible waste solids including garbage and rubbish. 25. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or lease. 26. Repair - to restore to a sound and acceptable state of operation, serviceability or appearance. 27. Rodent harborage - any place where rodents can live, nest or seek shelter. 28. Rooming unit - any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 29. Rubbish - nonputrescible solid wastes consisting of both combustible and non combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 30. Safety - the condition of being reasonably free from danger and hazards which may cause accidents or disease. 31. Structure - that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built 4 up or composed of parts joined together in some definite manner. 32. Substandard dwelling - any dwelling which does not conform to the minimum standards established by City Ordinances. 33. Supplied - paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. 34. Meaning of certain words - whenever the words "dwelling", "dwelling unit", "premises", "building" or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". Section 301. RESPONSIBILITIES OR OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any buildings, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the City of Albertville, including the following requirements. Section 302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas of the building and premises thereof. Section 303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part of those parts of the building, and premises thereof that she/he occupies and controls. Section 304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building shall store and dispose of all their rubbish in a clean, sanitary and safe manner. Section 305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building shall store and dispose of all their garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary and safe manner. Section 306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities of adequate size for the sanitary and safe storage and .disposal of rubbish and garbage. In the case of single- or two- family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Section 307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible 10 for providing and hanging all screens and storm door and storm windows whenever the same are required under the provisions of this ordinance, except where there is written agreement otherwise between the owner and occupant. Section 308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a single unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit containing more than one dwelling unit or an occupant of a nonresidential building containing more than one unit shall be responsible for the extermination whenever their unit is the only one infested. Notwithstanding, however, whenever infestations caused by the failure of the owner to maintain a building in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any similar materials in such a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a building or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly. Section 311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Section 313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the 11 occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Section 315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with the Zoning Ordinance. Section 317. MAINTENANCE OF YARDS. The owner of the building shall be responsible for providing and maintaining premises' yards consistent with Section 711. Section 401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or to let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply with the following requirements. Section 402. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and which is connected to an approved sewer system. 1. An approved kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times and adequate amount of heated and unheated running water under pressure, and which is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, 12 and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator or similar device need not be installed when a dwelling unit is not occupied or when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Section 403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. 13 Section 406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling, and every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after January 1, 1995, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type doors shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently locked from the inside. 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retraced by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. 14 Section 502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. One half of the required window area shall be openable. Section 503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room, shall contain at least 50% of the ventilation requirement for habitable rooms contained in Section 502, except that no windows shall be required is such rooms are equipped with a ventilation system which is approved by the compliance official. Section 504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules, and regulations of the City of Albertville and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. Dwellings containing one or two dwelling units shall have at least the equivalent of 60-ampere, three -wire electric service per dwelling unit. 2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least one floor or wall - type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case, less than two such electric outlets provided, however, that one ceiling or wall -type fixture may be supplied in lieu of one required electric outlet. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. S. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric 15 light at all times at one candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner, occupant, or let to another for occupancy any building or portion thereof, which does not have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority. at a distance of three feet above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for cooking or water hearing purposes shall not be considered as heating facilities within the meaning of this section. Portable hearing equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 701. GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy, any building or portion thereof which does not comply with the following requirements, unless specifically exempt. Section 702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint 16 blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16 mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of easily maintained in a clean and. sanitary condition. Section 705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent -free and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs, which have a 1/2" diameter or larger opening shall be rodent -proofed in an approved manner. Interior floors or basements, cellars, and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Section 706. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint shall be maintained consistent with Section 702. Section 708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. Section 709. FACILITIES TO FUNCTION. Every supplied 17 facility, piece of equipment or utility required under City Ordinances and every chimney and flue shall be installed and maintained and shall function effectively in a safe, sound, and working condition. Section 710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Section 711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this ordinance, to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 713. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 801. MAXIMUM DENSITY MINIMUM SPACE LOCATIONS REQUIREMENTS. No person shall occupy nor pe to be occupied any dwelling or dwelling unit for the living therein, which does not comply with the requirements. USE AND mit or let purpose of following Section 802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a respective dwelling unit prior to January 1, 1998, the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top -half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit bill after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants or more than one sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar of any dwelling unit. Section 900. Inspection. Inspections will be performed at a minimum of every two years. Inspections will also be performed as required by Section 910. Section 901. LICENSING OF RENTAL UNITS. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Albertville as hereinafter provided. Each such operating license shall be issued annually and shall expire on the anniversary date of issuance. License renewals shall be filed at least 90 days prior to license expiration date. No application for an initial or renewal license shall be submitted to the City Council until the Compliance Official has verified that the required biennial inspection has been completed and that all life, health safety violations or discrepancies have been corrected. Section 902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license application date; in the cases of new, unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwelling. Once issued a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled 19 to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. A fee, as set forth by City Council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or his legally constituted agent. Applications forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1. Name, address, and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address and telephone number of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the dwelling. 6. Description of procedure though which tenant inquiries and complaints are to be processed. Every person holding an operating license shall give notice to the compliance official within five business days after any change of this information. Notice of transfer of ownership shall be as described in Section 908. Section 904. RESIDENT AGENT REQUIRED. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units unless such owner designates in writing to the compliance official the name of his resident agent who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the city ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. Section 905. CONFORMANCE TO LAWS. No operating license 20 shall be issued or renewed unless the rental dwelling and its premises conform to the ordinance of the City of Albertville and the laws of the State of Minnesota. Section 906. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 1001. Section 907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple dwelling. Section 908. LICENSE NOT TRANSFERRABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental dwelling containing three or more dwelling units shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provided the following information: 1. Dwelling unit address. 2. Number of bedrooms in dwelling unit. 3. Names of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4. Dates renters occupied and vacated dwelling units. 5. A Chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this ordinance. 6. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. All nonresidential properties shall keep, or cause to be kept, a current register of occupancy for each building which provides the following: 21 1. Building address. 2. List of all tenants occupying the building. 3. Nature of business conducted by each tenant in building. 4. Contact person for each tenant. 5. Gross floor area leased by each tenant. Section 910. LICENSE SUSPENSION OR REVOCATION. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Albertville and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or his duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days, or both, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. Section 911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premised to be disorderly. For purposes of this section, a premise is disorderly at which any of the following activities occur: a. Violation of Ordinance #1997-4 (Noise) b. Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. C. The unlawful sale of intoxicating liquor or nonintoxicating malt liquor. d. Violation of laws relating to gambling. e. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, 22 or acts relating to prostitution. f. Unlawful use or possession of a firearm in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67 or 624.713. g. Violation of Ordinance #1997-3 (An Ordinance Regulating the Use of Burglary and Safety Alarms, Establishing a User's Fee and Establishing a System of Administration. 2. The Zoning Administrator shall be responsible for enforcement and administration of this ordinance. Authority to take any action authorized under this section may be delegated to the Zoning Administrator's authorized designee. 3. Upon determination by the Zoning Administrator that a licensed premises was used in a disorderly manner, as described in paragraph 1, the Zoning Administrator shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. 4. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in paragraph 3 was given, the Zoning Administrator shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Zoning Administrator within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. 5. If another instance of disorderly use of the licensed premises occurs within three (3) months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the Zoning Administrator, who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension, or nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the Council may deny, revoke, suspend 23 or decline to renew the license for all or any part or p of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detailer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly conduct. 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 8. All notices given by the City under this section shall be personally served on the licensee, sent by registered main to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this Code or state law. Section 1001. ENFORCEMENT AND INSPECTION AUTHORITY. The Zoning Administrator or Building Official or his designated agents shall be the compliance official who shall administer and enforce the provisions of this ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. 24 Section 1002. INSPECTION ACCESS. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant to this ordinance, whereupon the compliance official may seek a court order authorizing such inspection. Section 1101. UNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or sanitary facilities tot he extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration from any such building. Section 1102. SECURE UNFIT AND VACATED BUILDINGS. The owner of any building or portion thereof, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant building open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this ordinance and shall be made safe and secure immediately. Section 1103. HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 1201. COMPLIANCE ORDER. Whenever the compliance .official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this ordinance, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 25 sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this ordinance. Section 1205. PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order with the time set therein, upon conviction therefor shall be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of such failure to comply shall constitute a separate punishable offense. Section 1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official determines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this ordinance, the compliance official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 1302. PENALTIES. Any person violating any of the provisions of this ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this ordinance, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this ordinance designating the duties of any official 27 or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 1401. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. Section 1402. REPEAL. With the adoption and publication of this ordinance, Ordinance #1991-3 "An Ordinance Establishing Housing Maintenance Regulations and Providing a Penalty For Violation Thereof", dated October 21, 1990, is hereby repealed. Section 1403. EFFECTIVE DATE. This ordinance shall take effect and be in full force from on and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17th DAY OF February 17, 1998. Mark S. Olsen, Mayor ATTEST: Linda Goeb, City Clerk CITY OF ALBERTVILLE RESOLUTION #1998-4 A RESOLUTION ADOPTING THE RENTAL DWELLING ANNUAL FEE SCHEDULE WHEREAS, the City Council adopted ORDINANCE # 1998-1 titled BUILDING MAINTENANCE AND OCCUPANCY on February 17, 1998; and WHEREAS, the ordinance requires that all rental units in the City of Albertville be licensed annually and be inspected biennially; and WHEREAS, the Public Safety Committee of the City of Albertville has researched licensing fees and made a recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, orders the following Rental Dwelling Biennial Fee Schedule is adopted for the Rental Dwelling License Application: Single Family: $30.00 Two Family: $40.00 Both Units or $25.00 One Unit Multiple Family: $20.00 Per Building plus $8.00 Per Unit ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17TH DAY OF FEBRUARY, 1998. Mark S. Olsen, Mayor Attest: Linda Goeb, City Clerk City of Albertville 5975 Main Avenue NE Albertville, MN 55301 Rental Dwelling License Application Rental Dwelling Annual Fee Schedule/Biennial Inspection Single Family: $30.00 Two Family: $40.00 Both Units or $25.00 One Unit Multiple Family: $20.00 Per Building + $8.00 per Unit Date: Address(es) of Dwelling(s): P.I.D. No. (all parcels): Name of Dwelling or Complex: Complete Name, Address, Telephone Number, and Birthdate of Each Owner/Partner/Corporate Officer. Use additional sheets if necessary. Information is collected to determine eligibility for license. Failure to provide information requested = result in denial of application. Name: Address: Last First Middle City, State, Zip Code: Telephone: Birthdate: Name, Address, and Telephone Number of Vendor if property is being sold through contract for deed: Name, Address, and Telephone of Resident Agent Name: Address City, State, Zip Code: Telephone Number: Signature of Resident Agent: Subscribed and sworn to before me this day of Notary Public: County: My Commission expires Describe procedure through which tenant inquiries and complaints are to be processed. Include name, address and telephone number of caretaker(s) or manager(s) on the premises (notify City of any changes): Name: Address: Telephone: Number, Type, and Size of Dwelling Units: A. Single Family @ Sq. Ft. Living Area Bedrooms B. Two Family (Duplex) @ Sq. Ft. Living Area/Unit Bedrooms C. Townhouse @ Sq. Ft. Living Area/Unit Bedrooms D. Multiple Dwellings Number of dwelling buildings Efficiency Units @ Sq. Ft./Unit 1 Bedroom Units @ Sq. Ft./Unit 2 Bedroom Units @ Sq. Ft./Unit 3 Bedroom Units @ Sq_ Ft./Unit 4 Bedroom Units @ Sq. Ft./Unit Total Dwelling Units in Multiple Dwellings Notice to Applicants A. The compliance official must be notified in writing within five business days of any transfer of legal control and ownership. B. Owners of multiple dwellings must post the license or certificate thereof (Section 12-907) and must maintain an occupancy register (Section 12-909). C. Copies of the Building Maintenance and Occupancy Ordinance are available from the City. Owners, agents, and managers should be familiar with its provisions. The undersigned hereby applies for a rental dwelling license and acknowledges receipt of a copy of the BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE, acknowlegdes the provisions of the Building Maintenance and Occupancy Ordinance have been reviewed, and attests the subject premises will be operated and maintained according to the requirements contained therein, subject to applicable sanctions and penalties. The undersigned fiirther agrees the subject premises may be inspected by the Compliance Official as provided in said Ordinance. , being first duly sworn, upon his/her oath deposes and says that he/she is the person who has executed the foregoing application and that the statements made therein are true of his/her own knowledge and belief. Signature of Owner: Subscribed and sworn to before me this day of , Notary Public: My Commission expires An inspection of your rental property is required before your license can be approved by City Council. Upon mailing your application and fee to the City, please contact the Building Official (295-6009) to schedule the inspection. Inspections are scheduled Monday through Friday between 9:00 and 12:00 and between 1:00 and 4:00. City of Albertville To: City Council Fra. David Lund February 10, 1998 Re: Sidewalk Snow Removal At the last Council meeting, it was suggested we contact the City of Howard Lake to learn about their plan and to contact the County to suggest they pay us to dean Main Street, so we have control over sidewalk snow buildup. While discussing this topic with Doug Borgland, Howard Lake City Administrator, we were told that Howard Lake's policy reads, "All property owners and occupants of all buildings and lots shall be responsible for maintaining all sidewalks at the front, rear, or side of their property." He said he believes the sidewalks are 5.5 to 6 feet wide and sent us a complete copy of their newly revised policy. There is an exception to this policy in downtown Howard Lake on Highway 12 where MNDOT maintains a right of way. The local hardware store has a contract to plow the sidewalks in front of those properties and is paid with MNDOT funds. The rates include the use of a Bobcat ($50/hr.), dump truck ($60/hr.), or the front-end loader ($70/hr.). In the commercial area, not on highway 12, the storeowners "put a foot of snow by the building" which the loader picks up the next day. There is a separate contract with the County for the City to maintain a small portion of right of way. I did not contact the County to explore the possibility of our being paid to plow Main Street. At this point, the value of having help with that roadway outweighs any sidewalk disadvantage it causes. 0 Page 1 A L % M Economic Development Partnership of Wright County 1998 Membership Dues Structure Wright County Municipalities < 1000 1001-2500 2501-5000 > 5000 Townships Utility Companies Telecommunications Provider $ .50 per capita* $ 100.00 plus .10 per capita* $ 500.00 $ 500.00 plus .10 per capita* $ 1000.00 plus .10 per capita* $ 100.00 plus .10 per capita* $ 1000.00 plus .10 per capita* $ 1000.00 Banks & Lending Institutions $ 250.00 (deposits up to $25 M) $ 500.00 (deposits of $25 M to $50 M) $ 750.00 (deposits of $50 M to $75 M) $1000.00 (deposits over $75 M) Associate $ 50.00 (Includes non -business, non profit, schools and civic organizations) Business 1 to 4 employees** 5 to 10 employees 11 to 20 employees 21 plus employees Honorary Member *Per capita rates are based on 1990 census. $ 75.00 $ 100.00 $ 150.00 $ 200.00 No Dues Required **Number of employees includes active owners and management and pertains to regular employees (over 20 hours per week) Part Time employees of 20 hours per week or less to be counted as 1/2 employees.