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2002-08-05 CC PacketALBERTVILLE CITY COUNCIL AGENDA August 5, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) July 15, 2002, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. CONSENT AGENDA (a) Resolution #2002-28 (A Resolution Acknowledging Resignation of Mayor John A. Olson and Declaring a Vacancy) (b) Approve payment of claims (Check #'s 16549 — 16611) (c) Approve 2003 Assessment Contract with Wright County (d) Approve Application for Non -Intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill on Saturday, September 14, 2002 from 5:00 PM to 1:00 AM (e) Resolution #2002-27 (A resolution Appointing Election Judges for the Primary and General Election for the City of Albertville) 5. DEPARTMENT BUSINESS a. Fire Department • Schedules I & II for Lump Sum Pension Plans Reporting Form Year 2002 b. Public Works • Public Works/Parks Maintenance Report c. Planning & Loninp (1) B-2A Zoning Regulations • Ordinance 2002-13 — An Ordinance Adding Section 4350, B-2A Special Business District, Amending Sections 4200, 4300, 4400, 4500, 4501, and 4700 By Adding Or Amending Impervious Surface and Building Coverage Requirements, and Amending Section 1200, Off -Street Parking, of the Albertville Zoning Ordinance (2) Shoreland Ordinance Amendment • Ordinance 2002-14 — An Ordinance Amending Section 4905.61 of the Albertville Zoning Ordinance Regarding Commercial Uses in the Shoreland Overlay District City Council Agenda August 5, 2002 Page 2 of 2 (3) Update on 2nd Wind signs and lights d. Engineering (1) Award bid for 2002 Street Overlay Project (2) Update on Mud Lake outlet (3) Drainage Issue — Gail Moe & Bill Hunter (4) Drainage Issue — 5367 Lachman Avenue NE (Mike & Heidi McCarty) (5) County Ditch 9 Agreement with the City of St. Michael 6) (X /f Tom„! e. Legal (1) Slumberland Purchase Agreement (2) Clean up at 5692 Main Avenue f. Administration (1) Discuss vacancy and possible appointment to the office of mayor (2) Consider "Home of the Knights" logo on the new Joint Powers water tower — Cost is $9,000 — City portion of cost $4,500 (3) Property Pricing — Northwest Commercial Park lots 6. ADJOU ENT s) �e*4 /11 .. ALBERTVILLE CITY COUNCIL AGENDA August 5, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) July 15, 2002, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. CONSENT AGENDA (a) Resolution #2002-28 (A Resolution Acknowledging Resignation of Mayor John A. Olson and Declaring a Vacancy) (b) Approve payment of claims (Check #'s 16549— 16611) (c) Approve 2003 Assessment Contract with Wright County (d) Approve Application for Non -Intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill on Saturday, September 14, 2002 from 5:00 PM to 1:00 AM (e) Resolution #2002-27 (A resolution Appointing Election Judges for the Primary and General Election for the City of Albertville) 5. DEPARTMENT BUSINESS a. Fire Department • Schedules I & II for Lump Sum Pension Plans Reporting Form Year 2002 b. Public Works C. • Public Works/Parks Maintenance Report (1) B-2A Zoning Regulations • Ordinance 2002-13 — An Ordinance Adding Section 4350, B-2A Special Business District, Amending Sections 4200, 4300, 4400, 4500, 4501, and 4700 By Adding Or Amending Impervious Surface and Building Coverage Requirements, and Amending Section 1200, Off -Street Parking, of the Albertville Zoning Ordinance (2) Shoreland Ordinance Amendment • Ordinance 2002-14 — An Ordinance Amending Section 4905.61 of the Albertville Zoning Ordinance Regarding Commercial Uses in the Shoreland Overlay District City Council Agenda August 5, 2002 Page 2 of 2 (3) Update on 2nd Wind signs and lights d. Engineering (1) Award bid for 2002 Street Overlay Project (2) Update on Mud Lake outlet (3) Drainage Issue — Gail Moe & Bill Hunter (4) Drainage Issue — 5367 Lachman Avenue NE (Mike & Heidi McCarty) (5) County Ditch 9 Agreement with the City of St. Michael 6) (X /f 7^4,;( e. Legal (1) Slumberland Purchase Agreement (2) Clean up at 5692 Main Avenue f. Administration (1) Discuss vacancy and possible appointment to the office of mayor (2) Consider "Home of the Knights" logo on the new Joint Powers water tower — Cost is $9,000 — City portion of cost $4,500 (3) Property Pricing — Northwest Commercial Park lots Y) 6. ADJOU 14 ENT s) (044 X44 ALBERTVILLE CITY COUNCIL aao July 15, 2002 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace and John Vetsch, City Engineer Pete Carlson and City Administrator Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 6d(4) — Storm Drainage — Peterson Property Wallace made a motion to approve the agenda as amended. Wallace seconded the motion. All voted aye. The minutes of the July 1, 2002, meeting were amended on Page 1 to add Scott Wallace as present, and on Page 3, Paragraph 9 to read "... to find out if, and why, Otsego is selling its kitchen facilities." Franklin made a motion to approve the minutes of the July 1, 2002, regular meeting as amended. Wallace seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. A resident from Kalland Circle NE questioned if the letter had been sent out to 2nd Wind Exercise Equipment concerning the illumination o the pylon sign. City Administrator Goeb explained that the letter has been sent and requires that 2nd Wind comply with the City's ordinance by July 23, 2002, or violation notices will be issued. At the July lst meeting, Paul Markson, 10464 51s' Court NE, provided a list of addresses in his neighborhood that he believes the escrow was released prior to completion of the landscaping. The Council then directed staff to check into his allegation and report at the next Council meeting. Of the list Markson provided, only two escrows have been released as of today's date. One of those yards was inspected by Tim and he was unaware of where the lot line in the read yard actually was. The other escrow was released to a resident who hydroseeded his back yard, but the escrow was released only after rear yard ground cover was established. The Council concurred that ground cover and/or sod must be established prior to the release of Markson's escrow. Berning made a motion to approve the Consent Agenda items as follows: • Approve payment of claims (Check #'s 16469 — 16515) Wallace seconded the motion. All voted aye. Wright County Sheriff Gary Miller addressed the Council and presented the 2001 Call for Service information for the City of Albertville, as well as information for the other cities who contract police protection through the Sheriffs Department. According to Sheriff Miller, the City is in a good position with the 16 hours per day contract for 2001. He does not feel the Council needs to consider adding more hours at this time. Albertville City Council Minutes July 15, 2002 Page 2 of 3 Fire Chief Kevin Roden requested that the fourteen parking stalls closest to the station be marked as "Fire Department Business Parking Only". According to Roden, cars are being parked in this area and are in the way during fire training instruction on the parking lot. The Council directed the Public Works Department to check into appropriate signage. Tim Guimont reported he has located a spot in the Oakside Park for the location for a horseshoe pit. He has solicited bids for fencing around the horseshoe pit and received two bids —one for $1,500 and the other for $2,200 for the fencing. The remainder of the work on the horseshoe pit can be completed by current personnel. Berning made a motion to accept the bid for fencing the horseshoe pit at Oakside Park in the amount of $1,500. Franklin seconded the motion. All voted aye. Vetsch made a motion to have the Pubic Works Department correct the drainage problems in the 54th Place area by adding drain tile and a catch basin. The cost of the anticipated repairs in the amount less than $1,000.00 will be paid through the Storm Water Fund. Wallace seconded the motion. All voted aye. Tim reported that he will hire a backhoe to clean out the drainage ditch along 60 Street NE as soon as possible. Vetsch made a motion to award the bid for the 2002 Sealcoating Project to Pearson Brothers of Loretto, Minnesota, in the amount of $11,270. Wallace seconded the motion. All voted aye. City Engineer Pete Carlson showed the Council a sketch of the proposed location of a future I-94/CSAH 19 exit ramp. The same location would be used if the City decided to extend a frontage road from CSAH 37 to CSAH 19. The sketch shows the amount of land needed for either construction would leave the remainder of the lot as a viable commercial site. The Council directed staff to contact the property owner and express an interest in purchasing all or a portion of the parcel he owns for future road and commercial development. Mayor Olson explained that the STMA Ice Arena Board have approved an expenditure of $13,000 towards the cost of construction a joint parking lot between the ice arena and City Park ballfield. The Board also agreed to share in the cost of future maintenance at 50%. Franklin made a motion authorizing the city engineer to advertise for bids for the joint parking lot construction project. Berning seconded the motion. All voted aye. City Administrator Goeb reported that the number of registered voters in the City exceeds the capacity of the Council Chambers for both the Primary and the General Elections. She requested permission to move the polling place for all future elections from City Hall to the Albertville Fire Hall. Wright County will send written notices to all registered voters advising them of the change in polling places. Albertville City Council Minutes July 15, 2002 Page 3 of 3 Vetsch made a motion to move the polling place from City Hall, located at 5975 Main Avenue NE, to the Albertville Fire Hall, located at 11350 57th Street NE, effective for all future elections. Wallace seconded the motion. All voted aye. aye. Wallace made a motion to adjourn at 8:15 PM. Franklin seconded the motion. All voted John Olson, Mayor Linda Goeb, City Administrator v CITY OF ALBERTVILLE RESOLUTION # 2002-28 A RESOLUTION ACKNOWLEDGING RESIGNATION OF MAYOR JOHN A. OLSON AND DECLARING A VACANCY WHEREAS, the City Council of the City of Albertville has received and accepted the resignation of Mayor John A. Olson, effective July 31, 2002; and WHEREAS, the City Council is declaring that a vacancy exists in the office of mayor. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Wright County, Minnesota, hereby adopts this resolution with an effective date of August 1, 2002. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5th DAY OF AUGUST, 2002. ATTEST: Linda Goeb, City Clerk Scott Wallace, Acting Mayor CITY OF ALBERTVILLE *Check Detail Register© August 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 016549 8/5/02 ACTION RADIO & COMMUNICATIONS E 101-42000-404 Repair/Maint - Machinery/Equip $65.00 25261 Factory Repair Sery E 101-42000-200 Office Supplies (GENERAL) $97.88 25319 Battery - pager II E 101-42000-404 Repair/Maint - Machinery/Equip $195.00 25319 Factory Repair E 101-42000-200 Office Supplies (GENERAL) $55.91 7659 Charger Stand Total ACTION RADIO & COMMUNICATIONS $413.79 Paid Chk# 016550 8/5/02 AFFORDABLE WIRELESS ELK RIVER E 101-43100-404 Repair/Maint - Machinery/Equip $35.00 53 Repair of Nextel phone Total AFFORDABLE WIRELESS ELK RIVER $35.00 Paid Chk# 016551 8/5/02 AFLAC G 101-21710 Other Deducations G 101-21710 Other Deducations G 101-21710 Other Deducations G 101-21710 Other Deducations $60.95 581987 $60.95 581987 $60.95 581987 $60.95 581987 Total AFLAC $243.80 Paid Chk# 016552 8/5/02 ALBERTVILLE QUEEN COMMITTEE AFLAC Insurance Prem-BM AFLAC Insurance Prem-JS AFLAC Insurance Prem-LG AFLAC Insurance Prem-TH E 101-45000-598 Pledges & Contributions $500.00 07-2002 Donations from Lions Total ALBERTVILLE QUEEN COMMITTEE $500.00 Paid Chk# 016553 8/5/02 ALLINA MEDICAL GROUP E 101-42000-305 Medical - Physicals $306.00 Med-Physicals-Davis, Jeff E 101-42000-305 Medical - Physicals $496.00 Physical-Sovis, E., Robeck, B Total ALLINA MEDICAL GROUP $802.00 Paid Chk# 016554 8/5/02 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $54.05 June 2002 Uniform Sery - Parks Dept E 101-43100-417 Uniform Rentals $54.05 June 2002 Uniform Sery - PW Dept. E 601-49450-417 Uniform Rentals $54.05 June 2002 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $54.05 June 2002 Uniform Sery - Water Dept Total ARAMARK UNIFORM SERVICES $216.20 Paid Chk# 016555 8/5/02 BENCHMARK HOMES G 101-22800 Landscaping Escrow $3,000.00 420424 Escrow 2 - Sod and 2 Trees Total BENCHMARK HOMES $3,000.00 Paid Chk# 016556 8/5/02 BRIDGET MILLER E 101-41400-331 Travel Expenses $11.20 July 2002 Mileage Reimbursement Total BRIDGET MILLER $11.20 Paid Chk# 016557 8/5/02 CARQUEST E 101-45100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-45100-404 Repair/Maint - Machinery/Equip Total CARQUEST Paid Chk# 016558 8/5/02 CHRISTIAN BUILDERS $25.17 191-215986 Repair-Maint Mach $46.70 191-216664 Repair-Maint Mach $13.22 191-216789 Repair-Maint.Mach $12.56 191217177 Repair-Maint Mach $97.65 G 101-22800 Landscaping Escrow $2,750.00 420431 Escrow - Sod and 1 Tree Total CHRISTIAN BUILDERS $2,750.00 Paid Chk# 016559 8/5/02 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $348.00 7008 Animal Control Service -April 2 E 101-42700-309 Animal Control Contract $348.00 7008 Animal Control Service -March 2 CITY OF ALBERTVILLE 08/01/02 2:51 PM Page 2 *Check Detail Register© August 2002 Check Amt Invoice Comment Total CITY OF MONTICELLO $696.00 Paid Chk# 016560 8/5t02 CONSTRUCTION BULLETIN E 101-41100-351 Legal Notices Publishing $108.99 2106912-1 Publication -Notice Total CONSTRUCTION BULLETIN $108.99 Paid Chk# 016561 8/5/02 CROW RIVER FARM EQUIPMENT R 101-36200 Donations $17.34 91069 Sign for City Park (skateboard R 101-36200 Donations $56.10 91242 Sign for City Park Total CROW RIVER FARM EQUIPMENT $73.44 Paid Chk# 016562 815/02 DELTA DENTAL E 101-41300-131 Employer Paid Health $51.90 August 2002 Dental Insurance - Admin E 101-41400-131 Employer Paid Health $103.80 August 2002 Dental Insurance - Office E 601-49450-130 Employer Paid Ins (GENERAL) $51.90 August 2002 Dental Insurance - WWTF/PW E 602-49400-130 Employer Paid Ins (GENERAL) $51.90 August 2002 Dental Insurance - Water/PW E 101-43100-130 Employer Paid Ins (GENERAL) $51.90 August 2002 Dental Insurance - PW/PW G 101-20801 Inspection Fees Payable $51.90 August 2002 Dental Insurance - Bldg Inspec E 101-45100-130 Employer Paid Ins (GENERAL) $51.90 August 2002 Dental Insurance - Parks/Parks Total DELTA DENTAL $415.20 Paid Chk# 016563 8/5/02 EMERGENCY MEDICAL TRAING. SPEC E 101-42000-312 First Responder Training $240.00 1088 1st Responder Course Total EMERGENCY MEDICAL TRAING. SPEC $240.00 Paid Chk# 016564 8/5/02 ESCHELON TELECOM, INC. E 101-41940-321 Telephone $22.45 August 2002 Phone CH Internet Sery Total ESCHELON TELECOM, INC. $22.45 Paid Chk# 016565 8/5/02 FAIRVIEW NORTHLAND E 101-42000-305 Medical - Physicals $122.00 1849686 Marquette, R-Hept B vaccine Total FAIRVIEW NORTHLAND $122.00 Paid Chk# 016566 8/5/02 FRONTLINE PLUS FIRE & RESCUE E 101-42000-200 Office Supplies (GENERAL) $155.00 8201 4X5" Storz Adapter w/locs E 101-42000-584 C/O - Trunout Gear $95.00 8230 Bunker Boots Total FRONTLINE PLUS FIRE & RESCUE $250.00 Paid Chk# 016567 815/02 GOPHER STATE ONE -CALL E 601-49450-209 Locates $328.60 2060103 June 2002-locates Total GOPHER STATE ONE -CALL $328.60 Paid Chk# 016568 8/5/02 GRUWELL, MICHAEL R 101-32210 Building Permits $124.39 B22-246 REIMBURSE PERMIT Total GRUWELL, MICHAEL $124.39 Paid Chk# 016569 8/5/02 GRUYS, BORDEN, CARLSON, & ASSO E 101-42000-301 Auditing and Acct'g Services $45.00 24692 Professional Fees Total GRUYS, BORDEN, CARLSON, & ASSO $45.00 Paid Chk# 016570 8/5/02 HAGEN, RICK G 101-22800 Landscaping Escrow $3,000.00 420421 Escrow 2 - Sod and 2 Trees Total HAGEN, RICK $3,000.00 Paid Chk# 016571 8/5/02 HERMANSON HOMES G 101-22800 Landscaping Escrow $3,000.00 13828 5196 KAHL AVENUE G 101-22800 Landscaping Escrow $3,000.00 420445 10564 51st STREET Total HERMANSON HOMES $6,000.00 CITY OF ALBERTVILLE 08/01/02 2:51 PM Page 3 *Check Detail Register© August 2002 Check Amt Invoice Comment Paid Chk# 016572 8/5/02 KENCO G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow $2,750.00 13810 $2,750.00 13842 $2,750.00 420405 $2,750.00 495824 $2,750.00 495938 $2,750.00 495954 $2,750.00 495972 Total KENCO $19,250.00 Paid Chk# 016573 8/5/02 KNEISZLER CONSTRUCTION 5514 JASON COURT 10452 KARSTON CIRCLE 10454 KARSTON CIRCLE 5475 JASON COURT 5469 JASON COURT 10446 KARSTON CIRCLE 10448 KARSTON CIRCLE G 101-22800 Landscaping Escrow $3,000.00 420425 5400 KAHL AVENUE G 101-22800 Landscaping Escrow $3,000.00 420452 10220 53rd STREET Total KNEISZLER CONSTRUCTION $6,000.00 Paid Chk# 016574 8/5t02 KNISLEY CONSTRUCTION G 101-22800 Landscaping Escrow $3,000.00 420412 10249 52nd STREET Total KNISLEY CONSTRUCTION $3,000.00 Paid Chk# 016575 8/5/02 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $67.24 1514369-001 Bids 2002 ST Overlay E 101-41100-351 Legal Notices Publishing $67.24 1514369-002 Bids 2002 ST Overlay Total LARSON PUBLICATIONS $134.48 Paid Chk# 016576 8/5/02 M M HOMES G 101-22800 Landscaping Escrow $3,000.00 13804 5068 KAHLER COURT G 101-22800 Landscaping Escrow $3,000.00 420438 5107 KALI AVENUE G 101-22800 Landscaping Escrow $3,000.00 495932 5144 KAHL AVENUE Total M M HOMES $9,000.00 Paid Chk# 016577 8/5/02 MEDICA E 101-45100-130 Employer Paid Ins (GENERAL) $853.40 102213115311 Medical Ins - Parks/Parks E 101-43100-130 Employer Paid Ins (GENERAL) $853.40 102213115311 Medical Ins - PW/PW E 602-49400-130 Employer Paid Ins (GENERAL) $853.40 102213115311 Medical Ins - Water/PW E 101-41300-131 Employer Paid Health $853.40 102213115311 Medical Ins -Administrator G 101-20801 Inspection Fees Payable $853.40 102213115311 Medical Ins -Bldg Inspec E 601-49450-130 Employer Paid Ins (GENERAL) $853.40 102213115311 Medical Ins-WWTF/PW E 101-41400-131 Employer Paid Health $1,706.79 102213115311 Medical Ins -Office Staff Total MEDICA $6,827.19 Paid Chk# 016578 8/5/02 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses Total MIDWEST ANALYTICAL SERVICES Paid Chk# 016579 8/5/02 MILLES, JESSE & ROBERT $480.00 125851 B CBOD-5 $134.00 126138 CBOD-5 / TSS $116.00 126325 CBOD-5 $404.00 126398 TESTING $174.00 126404 TESTING G 101-22800 Landscaping Escrow $2,750.00 13801 10473 KARSTON AVENUE Total MILLES, JESSE & ROBERT $2,750.00 Paid Chk# 016580 8/5102 MILLS, TATE E 101-42000-570 Office Equip and Furnishings $179.00 2965 08-28-01 REIMBURSEMENT Total MILLS, TATE $179.00 Paid Chk# 016581 8/5/02 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $175.35 108345 Copier Maintenance Agreement CITY OF ALBERTVILLE 08/01/02 2:51 PM Page 4 *Check Detail Register© August 2002 Check Amt Invoice Comment Total MINNESOTA COPY SYSTEMS $175.35 Paid Chk# 016582 8/5/02 MN DEPARTMENT OF REVENUE G 101-21702 State Withholding $1,632.16 August 2002 August State Taxes 2002 Total MN DEPARTMENT OF REVENUE $1,632.16 Paid Chk# 016583 8/5/02 MN DEPT. OF TRADE/ECON. DEV. E 601-49450-601 Debt Sry Bond Principal $16,854.92 08-20-02 MPFA - loan payment E 601-49450-611 Bond Interest $33,110.34 08-20-02 MPFA - loan payment Total MN DEPT. OF TRADE/ECON. DEV. $49,965.26 Paid Chk# 016584 815/02 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $16.00 JULY 2002 NCPERS Insurance Prem Total NCPER S GROUP LIFE INSURANCE $16.00 Paid Chk# 016585 8/5t02 NEXTEL COMMUNICATIONS E 101-45100-323 Nextel Radio Units $44.75 06 - 07 /2002 Two-way Cell - Parks Dept E 101-43100-323 Nextel Radio Units $44.75 06 - 07 /2002 Two-way Cell - PW Dept E 601-49450-323 Nextel Radio Units $44.75 06 - 07 /2002 Two-way Cell - Sewage Plant E 602-49400-323 Nextel Radio Units $44.75 06 - 07 /2002 Two-way Cell - Water Dept E 101-41400-323 Nextel Radio Units $44.75 06 - 07 /2002 Two-way Cell-Eng Inspec E 101-42000-321 Telephone $44.75 06 - 07 /2002 Two-way Cell -Fire Dept. E 101-41400-323 Nextel Radio Units $89.50 06 - 07 /2002 Two-way Cell -Office Staff G 101-20801 Inspection Fees Payable $217.84 06 - 07 /2002 Two-way Cell - Bldg Dept. Total NEXTEL COMMUNICATIONS $575.84 Paid Chk# 016586 815/02 NORTHERN TOOL & EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $36.67 06627145 Tires for J.D. Total NORTHERN TOOL & EQUIPMENT $36.67 Paid Chk# 016587 815/02 NORTHERN TRAFFIC SUPPLY, INC. E 101-45100-530 Improvements Other Than Bldgs $80.90 22-5407 SKATE PARK SIGN E 101-42000-405 Repair/Maint - Buildings $64.93 22-5443 Fire Dept. Signage Total NORTHERN TRAFFIC SUPPLY, INC. $145.83 Paid Chk# 016588 8/5/02 OFFICE MAX E 101-42000-200 Office Supplies (GENERAL) $221.48 Fire Dept Office Supplies R 101-32210 Building Permits $341.94 Bldg. Operating Supplies E 101-41400-200 Office Supplies (GENERAL) $96.06 General Office Supplies E 601-49450-210 Operating Supplies (GENERAL) $42.58 Operating Supplies Total OFFICE MAX $702.06 Paid Chk# 016589 8/5/02 OMANN BROTHERS E 101-43100-400 Repair/Maint - Paved Rd $6.92 4614 Crushed Asphalt E 101-43100-400 Repair/Maint - Paved Rd $10.38 4629 Crushed Asphalt Total OMANN BROTHERS $17.30 Paid Chk# 016590 8/5/02 P.E.R.A G 101-21704 PERA $1,267.79 07/31/02 PP Pay Period ending 07/26/02 Total P.E.R.A $1,267.79 Paid Chk# 016591 8/5/02 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $345.20 107164 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $345.20 Paid Chk# 016592 8/5/02 PREMIER BANKS G 101-21703 FICA Tax Withholding $6,934.82 August 2002 Federal Taxes 2002 G 101-21701 Federal Withholding $3,639.22 August 2002 Federal Taxes 2002 CITY OF ALBERTVILLE 08/01/02 2:51 PM Page 5 *Check Detail Register© August 2002 Check Amt Invoice Comment Total PREMIER BANKS $10,574.04 Paid Chk# 016593 815/02 PURCHASE POWER E 101-41400-413 Office Equipment Rental $400.00 JULY 2002 Postage Machine Rental Total PURCHASE POWER $400.00 Paid Chk# 016594 8/5/02 RELIANT ENERGY/MINNEGASCO E 601-49450-383 Gas Utilities $96.10 June -July 2002 Gas Utilities -Sewage Plant Total RELIANT ENERGY/MINNEGASCO $96.10 Paid Chk# 016595 8/5/02 ROLSTAD CONSTRUCTION, INC. E 426-49000-310 Other Professional Services $30,239.45 Pay No. 1 2002 Frontage Avenue Imps Total ROLSTAD CONSTRUCTION, INC. $30,239.45 Paid Chk# 016596 8/5/02 S. E. H. E 463-49000-303 Engineering Fees $37,350.00 88966 E 101-41700-303 Engineering Fees $991.57 88972 E 438-49000-303 Engineering Fees $3,233.00 88973 E 453-49000-303 Engineering Fees $234.84 88974 E 463-49000-303 Engineering Fees $1,219.04 88976 E 450-49000-303 Engineering Fees $14,941.90 88977 E 457-49000-303 Engineering Fees $613.26 88978 E 450-49000-303 Engineering Fees $238.76 88979 E 450-49000-303 Engineering Fees $135.86 88980 E 456-49000-303 Engineering Fees $1,897.03 88981 E 450-49000-303 Engineering Fees $100.00 88982 R 101-32210 Building Permits $1,600.00 88983 E 462-49000-303 Engineering Fees $3,651.82 89018 E 426-49000-303 Engineering Fees $5,400.00 89019 E 101-41700-303 Engineering Fees $1,149.40 89392 E 101-41700-303 Engineering Fees $7,426.40 89459 Total S. E. H. $80,182.88 Paid Chk# 016598 8/5/02 SCHARBER & SONS 2001 NW Commercial Park 2002 Street Overlay CC So 5th Koliville Estates 2nd Darkenwald Commerical Park Albert Villas misx Heuring Meadows Albert Villas 3rd Albert Villas 2nd Towne Lakes Albert Villas April 2002-lot surveys 2002 Albertville Crossings 2002 Frontage Road Impr June 2002 June 2002 - Services E 101-45100-404 Repair/Maint - Machinery/Equip $63.87 01 272829 Mower Blades E 101-45100-404 Repair/Maint - Machinery/Equip $32.62 01 272829 Misc Parts Total SCHARBER & SONS $96.49 Paid Chk# 016599 8/5/02 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint - Buildings $40.00 605 Security - Park Shelter E 101-42000-405 Repair/Maint - Buildings $54.07 716 Security - Fire Hall Total SENTRY SYSTEMS, INC. $94.07 Paid Chk# 016600 8/5/02 SIMONSON LUMBER COMPANY E 101-45100-588 C/O - Park Mach/Equip $2,000.00 4-0510328 Const.of dugouts Total SIMONSON LUMBER COMPANY $2,000.00 Paid Chk# 016601 8/5/02 SPRINT- GA E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone Total SPRINT- GA Paid Chk# 016602 8/5/02 SPRINT -MO $1.97 June July 2002 $23.44 June July 2002 $49.24 June July 2002 $74.65 Phone - CH main line Phone - CH main line Phone - CH main line E 101-43100-321 Telephone $84.30 July 2002 Phone - PW/Water fax E 101-41940-321 Telephone $135.36 July 2002 Phone - CH main line E 101-41940-321 Telephone $106.12 July 2002 Phone - CH 2nd line E 101-41940-321 Telephone $102.12 July 2002 Phone - CH 3rd line CITY OF ALBERTVILLE 08/01/02 2:51 PM Page 6 *Check Detail Register© August 2002 Check Amt Invoice Comment E 101-41940-321 Telephone $249.60 July 2002 Phone - tax/surcharges E 101-42000-321 Telephone $88.02 July 2002 Phone - Fire Dept fax E 101-41940-321 Telephone $84.30 July 2002 Phone - E-mail line E 101-41940-321 Telephone $84.30 July 2002 Phone - CH Fax line E 101-42000-321 Telephone $88.02 July 2002 Phone - Fire Dept line E 101-43100-321 Telephone $84.30 July 2002 Phone - PW Garage main E 601-49450-321 Telephone $64.92 June -July 2002 Phone - Sewage Plant E 101-45100-321 Telephone $9.79 June -July 2002 Phone - Parks Dept Total SPRINT -MO $1,181.15 Paid Chk# 016603 8/5/02 TIMBER CREEK HOMES G 101-22800 Landscaping Escrow $3,000.00 13823 5498 KAGEN AVENUE Total TIMBER CREEK HOMES $3,000.00 Paid Chk# 016604 8/5/02 U. S. POSTMASTER E 101-41100-300 Professional Srvs (GENERAL) $828.00 July/Aug.2002 Postage - Newsletter Total U. S. POSTMASTER $828.00 Paid Chk# 016605 815/02 UNLIMITED ELECTRIC E 601-49450-406 R/M - Collection System $221.90 5494 SERVICE CALL-WWTP PROB E 601-49450-406 R/M - Collection System $110.00 5503 SERVICE CALL -LIFT STATION Total UNLIMITED ELECTRIC $331.90 Paid Chk# 016606 8/5/02 USA BLUE BOOK E 601-49450-404 Repair/Maint - Machinery/Equip $184.11 565766 CORE -PRO 15' SAMPLER Total USA BLUE BOOK $184.11 Paid Chk# 016607 8/5/02 VERIZON E 101-42000-321 Telephone $14.65 JUNE-JULY 20 CELL PHONE Total VERIZON $14.65 Paid Chk# 016608 8/5/02 WRIGHT COUNTY HIGHWAY DEPT. E 601-49450-210 Operating Supplies (GENERAL) $25.00 3418 Utility Permit Total WRIGHT COUNTY HIGHWAY DEPT. $25.00 Paid Chk# 016609 8/5/02 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities E 601-49450-381 Electric Utilities Total WRIGHT HENNEPIN ELECTRIC Paid Chk# 016610 8/5/02 XCEL ENERGY $45.86 Street Lighting 58-59-60 St. $76.80 JULY 2002 Electric -Towne Lakes -Lift Stat 3l ZZ.66 E 101-43160-381 Electric Utilities $26.67 June July 2002 Electric-CR 19 & 37 Traffic E 101-45100-381 Electric Utilities $37.52 June July 2002 Electric-58th St-P.Shelter E 601-49450-381 Electric Utilities $92.09 June July 2002 Electric-52nd St -Lift Station E 601-49450-381 Electric Utilities $157.10 june July 2002 Electric-60th St -Lift Station E 101-45100-381 Electric Utilities $225.66 june July 2002 Electric-58th -Skating/Rink E 101-41940-381 Electric Utilities $343.54 june July 2002 Electric -City Hall E 601-49450-381 Electric Utilities $2,092.85 june July 2002 Electric -Sewage Plant -Mac Total XCEL ENERGY $2,975.43 Paid Chk# 016611 8/5/02 ZEAGER HARDWOOD E 101-45100-530 Improvements Other Than Bldgs $1,008.00 44473 Wood Carpet/wood chips E 101-45100-530 Improvements Other Than Bldgs $560.00 44556 Wood Carpet/wood chips Total ZEAGER HARDWOOD $1,568.00 10100 Security State Bank $256,812.42 Gregory A. Kramber Wright County Assessor Wright County Government Center 10 2nd Street NW, Room 240 Buffalo, MN 55313-1183 Phone: (763) 682-7367 / (763) 682-7368 FAX.- (763) 682-6178 www.co.wright.mn.us July 19, 2002 TO: Linda Goeb Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 RE: 2003 Assessment Contract I, Gregory A. Kramber, Wright County Assessor representing Wright County, do hereby contract with the City of Albertville to perform the duties of assessor for said City of Albertville for the year of 2003. Contract price is $8.75 per parcel which will include all expenses. Payment is due after the 2003 City of Albertville Board of Review and Equalization. Gregory A. Kramber Wright County Assessor Date: July 19, 2002 Linda Goeb Albertville City Administrator the City of Albertville Date: 597 Albertville, MN 55301 (612)497-3384 Fax: (612) 4974210 APPLICATION FOR NON—INTOXICATIING MALT LIQUOR LICE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant : c 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds derived will be used: 4. Date of activity: SJa )q 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: P� Al 6. Hours of operation: 7. Number of previous license obtained this calendar year: r 8. Name, address, telephone number and position held with Club of person signing this application: �r�� �;"e �C 1� - �( (T]-r-t3a FIN Date: �' 4 � CITY OF ALBERTVILLE RESOLUTION # 2002-27 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTION FOR THE CITY OF ALBERTVILLE WHEREAS, the Albertville City Council is desirous of appointing election judges to serve in the Primary and General Elections scheduled in 2002; and WHEREAS, the Albertville City Council is appointing election judges to serve the Primary Election to be held on September 10, 2002, and the General Election to be held on November 5, 2002. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby appoints the following persons to serve in the capacity of election judges at an hourly rate of $8.00. Sharon Leintz Brad Klitzke Melissa Janzen Jeanne Vetsch Ray Meyer Milford Yager Terri Hobza Kathy Hanson Mary Scherber Katherine Undlin Agnes Kohnen Micheael Kratochwill Lorraine Keske Douglas Potter Elaine Engstrom Arvilla Lidberg Gloria Helland Virginia Pentz Denise Beaudry Marian Yager Judith Roden ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5th DAY OF AUGUST, 2002. Scott Wallace, Acting Mayor Linda Goeb, City Administrator Form SC-0Z SCHEDULES IA FOR LUMP SUM PENSION PL REPORTING FORM YEAR 2002 4z 1 A ON OF PLAN LIABILITIES & REQUIRED MUNICIPAL CONTRIBUTION IN 2003 fociFi`%sation: ALBERTVILLE County of : WRIGHT SCHEDULE I Estimation of rem association specilill Fum pension mwiities for all members based on years of active service with the fire department, with the regular per-yew-o4er4w pension set at $ 900 _........_ 1»...,.._.._...._ 2 3 4 5 6 7 8 g Warrie Last, Fast, Middle initial Oats of Nth mm-dd-yy Age on 12131. 2002 Fire Dspt. pate of Entry Leaves of Absence thru 12/31/02 2002-y To End of This Year 20e3 To End of Next Year Years of Service Accrued Liability Years of Service Accrued Liability mm-dd-yy Yrs. Moe. 1. BerM Garcon 0b-16-W 49 01-05-73 30 27,000 31 27,900 2. Heinen Paul 10-1041 41 02-19-82 21 18,900 22 19 800 3. Barthel Albert 11-11-62 40 02-19412 1 21 18,900 22 19,800 4. 1 Roden, Kevin 04-12-61 41 02-14-W 20 18,000 21 18,900 5. WWtf, Brain, 07.25.59 1 43 09-0"6 16 12,852 17 14 040 6. Valedua Wham 06-2"3 39 04-10-90 I 13 9,630 14 10 656 7. Saming, Duane 0348-62 40 05-09-90 13 9.630 14 10,656 8. Roden Ken 05-1"1 41 03-16-92 11 7,722 12 8,658 9. lCampbell, Joe 10-21-M 36 03-16-92 11 7,722 12 8.658 10. Cichaos, ChW 12-06-64 38 03-16-92 11 7,722 12 8,658 11. I Long, Stephen 07 38 09-07-96 6 3,690 7 4,428 12. Lewis Brian 02-27-63 39 5 3.006 6 3,690 13. Mills,Tate 12-18-72 30 01-20-98 5 3.006 6 3,690 14. Gu!!Eaa, Ctrisleeer 12-22.70 32 10-01-98 4 2.340 5 3,006 15. MaLqRjft, Robert 09-02-57 45 10-01-98 4 2,340 5 3,006 1a. Wrlte Chad 03.20-73 1 29 10-01-98 1 4 1 2340 5 3.006 17. Gorgon. John 04-11-70 32 10-01-98 4 2.340 5 3,006 18. Gibson 11-07-76 26 01-16-99 4 2,340 5 3,006 19. Davis, Aran WWII 29 06.26-00 i 3 1,710 4 2,340 20.1081Y. Tanotin 04-12-70 < 32 09-07-00 2 1,116 3 1,710 21. Winskhw Russ 11-10.70 32 08-01-01 1 5401 2 1.116 22. Sovls, Eric 12-18 72 30 11-01-01 1 $40 2 1 1,116 23: Euil Jay 10-23-60 42 01-01-02 1 540 2 1,116 24. Piper, Ryon 01-01-75 27 02-01-02 1 540 2 1,116 25. Robeck, Ban 0445-75 27 06-01-02 1 540 2 1.116 f�t4. i�'l�� • t;t1ali i 65 006 $+t 1 1 94 Fractional Years of service must be calculated to nearest full year. Do not enter data here for any -person to their pension during this year. Enter Instead on Schedule 11, Seca 1, Line g. A copy of these sc hoduias must be presented to the City Council before August 1 each year. Form SC-02 SCHEDULE I - ADDITIONAL ACTIVE MEMBERS t Page 2a ---���_ I�IM7�� I ■�� ��� � ■I i# I = I IIIII�� . i • . r..MIS 1Tk rr. T p V. W e �= w N T N > T r _ C � r. 41Pejo "Mos eo , P040S BWiSSA u! SMH jueulajgsb ao CUPSSA ANsa E'! +c Yfs N 1 O r s u. Emilio ccomme 111111 Emilio RONNIE 3 3 2 ALBERTVILLE 1 P"o 2b v v v v v v OD O v- f � +- Mw ! O r N O! r I+ r wi O v T �! '® ti u O ado O O A O O d N T 0 T 1w T T r 0 T � T er! h+ N N a o a o c N Pcm � q! T j r V. T T P+ T Q O 0 m 7 O O vN- d K7 N tD et Ln r ht d'f (Deferred Pensions Continuation.Page) 1 ALBERTVILLE 1 Rafe Zc r uu !+f +ems t W IL A' r= r } I eira # ui rr- i UPWO SMAJOS ,n j ;uowa *oli ',w DUPSOA Aped pp cni j � rvt s i j j 1 0 s i j �11 8 moll 11111 Form SC-02 t Prime 3 Schedule 11 Section 1 Determin&#w of Proceed Not Assets for the year wing December 31, 2002 Special Fund Assets at December 31, 2001 1 $ 199,926 (See Ending Assets in Reporting Form - 2001) Projected Income to December 31, 2002: a. Minnesota State Aid ............................. 19,934 (Use 2001 amount, exclude Supplemental Benefit Reimbursements) b. Municipal (Independent fire) Contributions ............. c. Donations (List ) ......... d. Interest and Dividends ..... ................. 2,600 e. Net appreciation (depredation) in fair market value of investments ............................. -16,000 f. Other Income (Include Supplemental) ............... 2,187 Total 2 $ 8,721 Projected Assets plus Income December 31, 2002 = Line 1 + Line 2 3 $ 208,647 Projected Disbursements through End of Year: g. Pensions (if meted here, don't include on Schedule 1) ..... 41,859 h.Other benefits................................... I. Administrative .............................. Total _ 4 $ 41,859 Projected Assets (gross) at End of Year _ Line 3 minus Line 4 5 $ 166,788 Section 2 DetenWhodon of Projected Surplus (De . as of December 31, 2002 Projected Assets = Line 5 6 $ 166,788 2002 Accrued Liability = Schedule 1, Page 2b, Line B 7 $ 223,120 Surplus or (Deficit) = Line 6 minus tine 7 8' $ (56,332 Defth Pna ected for 2001 Table on sheet labeled Enbles 2 must be completed. Section 3 Determinadon of Municipai Contribution (#Surplus) Schedule 1, Page 2b, Line C Calculated Administrative Expense = (RF-01 Admin. Exp. $ x 1.035 ) Less: J. Minnesota State Aid .... .. ... . k. 5% of Line 5...... ..... ...... . 1. 10% of Surplus . ................ . Total Subtractions Municipal Contribution = Line 9, plus Line 10 minus tine 11 9$ 10 $ 11 $ 12 $ completer Section 5 now If you haven't alirowly done so Form SC-02 ALBERTVILLE % Osage 4 Section 4 Determination of Municipal Contribution (if Deftit) Amordtadon of,Deftits. Year Incurred Column I OriginAenaetfht Column 2 Amt Retired 12W 2002 Column 3 Left to Retire 1/1 2003 1993 1994 1996 1 ION 1999 2000 2001 25,488 2,549 22.939 N Now addl Catlett 2002 33,393 33.393 Totals 56,661 2.3" 56,332 m 56,332 (Sec. 2, line 8) n. 0 (Col. 3 Subtotal) o. 5e,332 (m. minus n.) Step # I It Um o Is posWe, enter kwe o In columns I and 3 of Now additional Deficit (2002) line. (This Is your Now additional Deft for 2002.) Step #2 If line o Is negative, reduce cokwifts 2 and 3 according to Deft Reduction In the instructions. Amortization of Deficit (Totid from Column 1) ................. ......... 58881 x 0.10 Is $ 5,888 Total from Schedule 1, Pap 2b, Line C - NomW Cost 14 $ 19,764 Calculated Administrative Expense (2001 Repoilng Form Admin ...... 0 x 1.035 Is $ 0 Subtotal Unes 13+14+15 is $ 25,652 Less: p. Minnesota State Aid ........................................... iqwu q. 5% of Line 5 .................................................. 8339 Total Subb actions (Subtotal of Unee p and q) Municipal Contribution (line 16 minus line 17) You must cortffy to Me municoaft beftv August 1, Section 5 Cakulation of Avers" spwhi fund kiewn per men A Rsc*WW or Receivable Enter data in bite -shaded calls. Use whole A 5 donor amounts. Reference prior year forms. State Municipal Aid A Support Last year 2001 > AF-41 19,034 700 so 2 YOSM ago 2000 1 RF-W 14.478 1 2.493 ISO 3 years no 1999 3,1 RF-W 13.446 1 2.493 1 SC F. Average available financing W aclive member for the most m 0. Maximum benefit level per statutory act*" eftclive through H. Maximum benefit level per statutory schiptule effective 12-31-0 Unss G and H reffed your maximum baneft levW for the I figures will be identical In a# cases Oxeso where Swags 17 $ 28,273 None Roqulmd 18 $ .2,621 2, won ff no contrUmodon Is due. Test for Maximum Senefit Allowed —C D (A+B+C) 10 E 10% of Active Par Year iurpitis Members Average 0 26 20,834 / 26 = 794 2,149 26 19.118 / 26 738 25 15,939 / 25 a 638 int 3-year period 2167 / 3 a S 722 2-30-02 ............................ s 1,340 through 12-30-03 .................... $ 1,Wl cited. YQU MWA 1112 MUNAb 2 bigbK WHO 11111M. The" ile, financing yielde a maximum at the stabADO cap. Form 3C-02 ALBERTVILLE_ ! Pape 5 OFFICER'S C RTiFICATION (Form must be provk1ed to munkipal on or bin August 1, 2W2) R, I _ !_� r ! • - a• r ti r �• '1.s, _1 f • - • r c.-w {'i _ r , .=Yit ..:t -:.. .:.. r, s _ ct Vi, . : :., s. w..: :.:i w,.i •t w+e.,-T; f... . r: f. s; CLERK'S CE TiFICATION ( ForMunlcW Fire rb»ents only) I am the dark of the State AuditorSchedulastorn4 ALBE t Sec. 4, line 18 8 on the completed Office of M Date WARNING. This document must be'fu* exxttpietod, csrtilDW by the relief assodoffion forwarded to the munkipst cleric, and Ned with the Ofte of the SON& Aue or as required by, Minn. Stat § 69.771, subd. 3. FaMuure to Elie this document whether or not a municipal conidbubw is due, will result in Ineft Oft for smte lire aid, as requkvd by Mmsots state Aw. Office of the Mate Auditor Pension Division 525 Par Street Suite 400 St. Paul, N b3103 Fax number: f 851) 282-2391 CrryoFALm TO: Mayor and City Council FROM: Tim Gulnmt, Fgblic Works Supe DATE: August 2, 2042 SUBJECT: Public Works/Parks Maintenance PARKS MAREMK MCE — The skateboard park is up and. running. It has been very popular with the kids. It has had some conflicts between lids and the fence is taking a beating. Some provisions were made to improve the fence. We have a skateboard mom that has a number of community service hours to put in. We had her w rking as a skateboard park attendant for vanous hours throughout the Clay. We may want w hire an attendant next year. New wood chips were planed in the playground area at Oakside Park. The Park Shelter (building) at City Park has been painted and a temporary horseshoe pit was installed in the skating rink. The new John Deere tractor is here. STREETS NA202NA= -- The sidewalk f�m 53rd Street to 54t' Street has been compited. The city staff will do the cleanup. The landscaping around the City Sign has been completed. T4:b m ma'scoMaw QWy ublia Wades RONW= R4pwft PW-PR 0"-W.dw NORTHWEST ASSOCIATED CONSULTAN' , 5775 Wayzata Boulevard, Suite 555, St. Louis Park, Telephone: 952.595.9638 Facsimile: 952.596.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Council Members FROM: Cindy Sherman DATE: July 31, 2002 RE: Albertville — B-2A Zoning Regulations FILE NO: 163.12 BACKGROUND At the January 9, 2002, joint City Council/Planning Commission workshop, the council and commission discussed the potential implementation of a new commercial zoning district for the County Road 19 corridor north of I-94. At the workshop, NAC presented an outline of a new district, called the B-2A, Special Business District. The goals expressed by the councilmembers and commissioners at the workshop were to have the district encourage high quality commercial development, while restricting certain types of high traffic, convenience businesses. The Planning Commission held a hearing and discussed this item in March. At that time the ordinance was put on hold to allow the traffic study to proceed and to assess the need to increase setbacks that had been proposed in the amendment. This memo summarizes the main points of the proposed ordinance. In addition to creating the new B-2A district, the ordinance also: 1) establishes new impervious surface coverage requirements in the `B" and "I" districts: and 2) strengthens the language on requiring perimeter concrete curbing in parking lots. These changes are proposed to better manage storm water runoff in new development, and to improve the aesthetics, traffic flow, and protection of landscaping in parking lots. B-2A, SPECIAL BUSINESS DISTRICT Purpose The purpose of the B-2A District is to provide for high quality, limited retail and service commercial development that serve both local and regional needs. Uses The uses allowed in the B-2A district are more restrictive than those allowed in the B-2 and B-3 districts. This is intentional so that the County Road 19 corridor can establish its own image and become a corridor of high quality, yet limited, commercial development. Some of the uses not permitted in the B-2A district would be: convenience retail stores, motor fuel stations, off -sale liquor stores, auto dealerships with outside display/sales, and auto repair. The uses that are permitted in the B-2A district include: • Administrative, executive or professional offices • General retail and service commercial uses occurring within an enclosed building (except those identified above as being prohibited). • Hotels • Restaurants • Theaters The B-2A accessory and conditional uses are the same as those in the B-1 district, with one exception. A medical or dental clinic is a conditional use in the B-2A district. A distinction was made for medical and dental clinics because of the increased traffic they generate and the impacts some clinics may have if they provide urgent care and are located in close proximity to residential uses. The ordinance contains two specific conditions addressing these issues if clinics are to be located in the B-2A district. In earlier discussions by the Council staff was directed to add fast food and drive -up restaurants and auto repair subject to special conditions as outlined; this has been added. Performance Standards Another important part of the B-2A district is the unique performance standards that are not found in other `B" districts. These standards would assist in achieving the goal of high quality commercial development in the corridor. Landscaping. The B-2A district's landscape requirements are above and beyond the landscape requirements for other districts. The ordinance establishes a minimum amount 2 of landscaping to be installed based on the value of the development. This approach, and the specific values, was taken from the Minnetonka Zoning Ordinance. The principal components of the landscaping requirements are: 1) Ensures the value of the landscaping is proportional to the value of the building. 2) Requires landscaped parking lot islands. 3) Requires at least one parking lot tree per 15 parking spaces. 4) Requires an underground sprinkler system to properly maintain the landscaped areas. Areas to be kept in a natural state do not require irrigation. Architectural Standards. The B-2A district also contains architectural standards that are above and beyond the building standards required for other zoning districts. The new standards are proposed to ensure new development is of the highest quality given the prominence and visibility of the corridor. The premise of the architectural standards is to require high quality building materials, while allowing flexibility in design. The specific design and use of the materials would be reviewed on a case -by -case basis with a site plan application. The ordinance requires brick, stone, glass, or a combination thereof, as the predominate exterior material(s). Stucco, wood, metal and rock -faced block may be used as accent materials and on facades without a predominant public view. For existing development, the ordinance allows the continued use of the existing building materials, provided a compatible and cohesive design is achieved. Front Yard Parking Lot Setback. A 20-foot front yard parking lot setback is proposed. This compares to a five-foot front yard setback permitted in the B-2 and B-3 districts. The increased setback would provide for additional green space and landscaping in the most visible part of the corridor —adjacent to County Road 19. It would also give the City and developers more opportunities to establish a consistent streetscape in the corridor. The B-2A district's side and rear yard parking lot setbacks are the same as the other `B" districts. IMPERVIOUS SURFACE COVERAGE REQUIREMENTS An 80 percent maximum impervious surface coverage requirement was added to the B-1, B-2, B-2A, B-3, and B-W districts. The maximum impervious surface coverage in the I-2 district would be 85 percent. The I-1 district already has an 85 percent requirement. These requirements would be another tool to use in regulating storm water runoff. The impervious surface maximums also create reverse green space requirements by limiting the amount of hard cover on a property. The proposed percentages are typical of those found in other cities' zoning ordinances. PARKING LOT CURBING The final section of the ordinance makes a minor change to the existing parking lot curbing requirement. The current ordinance requires perimeter curbing around parking lots, except that a request can be made to the city engineer to deviate from the curbing requirement. Parking lot curbing serves several functions: traffic control, protection of adjacent landscaping, storm water runoff control, and improved parking lot aesthetics. In some instances, a waiver or deviation from parking lot curbing may be justified, such as with the use of rain gardens or infiltration swales. However, since the curbing serves many functions, we believe deviating from the requirement should be held to a higher standard. As proposed, a variance must be approved to deviate from the curbing requirement. RECOMMENDATION The modifications last directed by the Council have been incorporated into the draft ordinance. The Council may either approve the ordinance as drafted or direct additional changes to be made. Following adoption of the ordinance the Council should determine where they would like to apply the new regulations and rezoning hearings will be scheduled. 4 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002-13 AN ORDINANCE ADDING SECTION 4350, B-2A, SPECIAL BUSINESS DISTRICT, AMENDING SECTIONS 4200, 4300, 4400, 4500, 4501, AND 4700 BY ADDING OR AMENDING IMPERVIOUS SURFACE AND BUILDING COVERAGE REQUIREMENTS, AND AMENDING SECTION 1200, OFF- STREET PARKING, OF THE ALBERTVILLE ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ALBERTBILLE, MINNESOTA ORDIANS: SECTION 1. PURPOSE. The purpose of this ordinance is to: 1) Create a new business zoning district that provides for high quality, limited retail and service commercial development that serves both local and regional needs; 2) Establish maximum impervious surface coverage requirements to safely and properly manage storm water runoff in commercial and industrial development; and 3) Require continuous perimeter curbing in off-street parking lots to properly control storm water runoff, traffic flow, parking delineation, protection of parking lot landscaping, and improved parking lot aesthetics. SECTION 2. Section 4350 is hereby added to the zoning ordinance to wit: "B-2A", SPECIAL BUSINESS DISTRICT Section 4350.1 Purpose 4350.2 Permitted Uses 4350.3 Accessory Uses 4350.4 Conditional Uses 4350.5 Lot Requirements and Setbacks 4350.6 Maximum Building Height 4350.7 Special Landscaping Requirements 4350.8 Architectural Standards 4350.1. Purpose. The purpose of the "B-2A", Special Business District is to provide for high quality, limited retail and service commercial development that serves both local and regional needs. 4350.2. Permitted Uses. The following are permitted uses in a "B-2A" District, except as provided for in subdivision 4350.4: (a) Administrative, executive or professional offices. (b) General retail and service commercial uses occurring within an enclosed building, but not including: off -sale liquor, convenience retail stores, and motor fuel sales. (c) Essential services. (d) Motels, motor hotels and hotels, provided that the lot area contains not less than five -hundred (500) square feet of lot area per unit. (e) Private clubs and lodges serving food and beverages. (f) Restaurants and cafes. (g) Theaters. 4350.3. Accessory Uses. The following are permitted accessory uses in the "B-2A" District: (a) All permitted accessory uses as allowed in the "B-1" District. 4350.4. Conditional Uses. The following are conditional uses in the "B-2A" District: (a) All conditional uses subject to the same conditions as allowed in the "B-1" District. (b) Medical and dental offices and clinics; provided that: (1) Access is limited to collector or arterial streets as defined in the comprehensive plan. (2) Emergency vehicle access shall not be adjacent to or located across the street from any residential use. 2 (c) Drive-in and convenience food establishments, provided that: (1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. (2) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 1000.7 of this Chapter. (3) Each light standard island and all islands in the parking lot shall be landscaped. (4) Parking areas shall be screened from view of abutting residential districts in compliance with Section 1000.7 of this Chapter. (5) Parking areas and driveways shall be curbed with continuous curb not less than six (6) inches high above the parking lot or driveway grade. (6) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 1200 of this Chapter and shall be subject to the approval of the City Engineer. (7) All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1000.9 of this Chapter. (8) The entire area shall have a drainage system which is subject to the approval of the City Engineer. (9) The entire area other than occupied by buildings or structures or plantings shall be surfaced with blacktop or concrete which is subject to the approval of the City Engineer. (10) All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs. 3 (11) The provisions of Section 400.2(e) of this Chapter are considered and satisfactorily met. (d) Motor vehicle fuel sales, truck stop, auto repair minor and tire and battery stores and services, provided that: (1) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (2) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. (3) The entire site other than that taken up by a building, structure or plantings shall be surfaced with blacktop or concrete to control dust and drainage which is subject to the approval of the City Engineer. (4) A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (5) A drainage system subject to the approval of the City Engineer shall be installed. (6) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 1000.10 of this Chapter. (7) Wherever fuel pumps are to be installed, pump islands shall be installed. (8) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 1000.7 of this Chapter. n (9) Each light standard island and all islands in the parking lot shall be landscaped. (10) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 1000.7 of this Chapter. 4350.5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a "B-2A' District subject to additional requirements, exceptions and modifications set forth in this Chapter. (a) Lot Area: One (1) acre. (b) Lot Width: One hundred fifty (150) feet (c) Minimum Building Setbacks: (1) Front Yards: Thirty-five (35) feet. (2) Side Yards: Ten (10) feet Thirty-five (35) feet when abutting an "R" District or adjacent to a public street. (3) Rear Yards: Twenty (20) feet Thirty-five (35) feet when abutting an "R" District or adjacent to a public street. (d) Parking and Driveway Setbacks: (1) Front Yards: Twenty (20) feet. (2) Side Yards: Five (5) feet; except not less than ten (10) when abutting an "R" District. (3) Rear Yards: Ten (10) feet. (e) Maximum Site Coverage: (1) Buildings and Structures: Thirty (30) percent (2) Hard surface, including buildings: Eighty (80) percent 4350.6. Maximum Building Height. Thirty-five (35) feet. 5 4350.7. Special Landscaping Requirements. All properties in the "B-2A" District shall meet the following landscaping requirements, in addition to the requirements of Section 1000.7: (a) A detailed landscape plan must be submitted for approval by the City. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, decorative walks, or other similar design features or materials in a quantity having a minimum value in conformance with the following table: Project Value, Including Building Construction Site preparation, and Site Improvements Minimum Landscape Value Below $1,000,000 2 percent $1,000,001-2,000,000 $20,000 + 1 percent of project value in excess of $1,000,000 $2,000,001-3,000,000 $30,000 + 0.75 percent of project value in excess of $2,000,000 $3,000,001-4,000,000 $37,500 + 0.25 percent of project value in excess of $3,000,000 over $4,000,000 1 percent (b) In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided for new development, except for additions to existing structures that do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state. (c) Interior Parking Lot Landscaping (1) All parking lots shall be designed to incorporate unpaved, landscape islands as required by the City. (2) All landscaped islands shall contain a minimum of 180 square feet. 0 (3) All landscape islands shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch or shrubbery. (4) Parking lot landscape trees shall be provided at the rate of one tree for each 15 parking spaces, or major fraction thereof. (5) Parking lot islands must have a raised concrete perimeter curb. 4350.8. Architectural Standards. All buildings must have exterior materials containing brick, dimension stone, glass or combinations thereof. Stucco and its replicas, metal, wood, rock -faced block, and precast concrete panels may be permitted as accent materials and on building facades without a predominant public view. This section shall not apply to expansions of buildings existing on the effective date of this section when a compatible and cohesive design is achieved by continuing materials of a principal building to the expansion while overall improvements consistent with the intent of this section are demonstrated. SECTION 4. Section 4200, B-1, Neighborhood Low Intensity Business District is hereby amended to add 4200.5. (d) and delete 4200.7 to wit (underline indicates new language, strike -through indicates delete): 4200.5. Lot Requirements and Setbacks. (d) Maximum Site Coverage: (1) Buildings and Structures: Sixty (60) percent (2) Hard surface including buildings: Eighty (80) percent SECTION 5. Section 4300, B-2, Limited Business District is hereby amended to add 4300.5. (d) and delete 4300.7 to wit (underline indicates new language, strike -through indicates delete): 4300.5. Lot Requirements and Setbacks. 7 (d) Maximum Site Coverage: (1) Buildings and Structures: Fifty (50) percent (2) Hard surface including buildings: Eighty (80) percent SECTION 6. Section 4400, B-3, Highway Commercial District is hereby amended to add 4400.5. (d) and delete 4400.7 to wit (underline indicates new language, strike -through indicates delete): 4400.5. Lot Requirements and Setbacks. (d) Maximum Site Coverage: (1) Buildings and Structures: Thirty (30) percent (2) Hard surface including buildings: Eighty (80) percent SECTION 7. Section 4501, B-W, Business -Warehousing District is hereby amended to add 4501.5. (d) to wit (underline indicates new language, strike - through indicates delete): 4200.5. Lot Requirements and Setbacks. (d) Maximum Site Coverage: (1) Buildings and Structures: Fifty (50) percent (2) Hard surface including buildings: Eighty (80) percent SECTION 8. Section 4700.6. (d), 1-2, General Industrial District is hereby amended to wit (underline indicates new language, strike -through indicates delete): 4700.6. Lot Requirements and Setbacks. 8 (d) Maximum Site Coverage: (1) Buildings and Structures: Fifty (50) percent (2) Hard surface, including buildings: Eighty-five (85) ep rcent SECTION 9. Section 1200.4, (h), (16), Off Street Parking Requirements, is hereby amended to wit (underline indicates new language, strike -through indicates delete): (16) Curbing. Except for single, two family, townhouse and quadraminiums, and except as specified in item (e) above, all open parking shall have a perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than five (5) feet to any lot line and must meet other applicable parking and driveway setbacks specified in this Chapter. SECTION 10. EFFECTIVE DATE. This ordinance shall be in full force and effect immediately following its passage and publication. Approved by the Albertville City Council this day of , 2002. CITY OF ALBERTVILLE 0 ATTEST: Scott Wallace, Mayor Pro Tern 6 Linda Goeb, City Clerk 10 a NORTHWEST ASSOCIATED CONSULT NFA C. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Albertville City Council Members FROM: Cindy Sherman DATE: July 31, 2002 RE: Albertville — Shoreland Ordinance Amendment FILE NO: 163.05 — 00.16 In April 2002 the City Council approved an ordinance change that allowed greater lot coverage for commercial properties located within the Shoreland Overlay District. The change was subject to the review of the Department of Natural Resources (DNR). Since April staff has met with the DNR staff two times and we have worked out modifications to the ordinance that provide the City the flexibility to allow greater lot coverage but with provisions that provide more infiltration or treatment of storm water run-off to satisfy the concerns of the DNR. The revised ordinance is provided for Council review and approval. The intent of the ordinance has not changed. Lot coverage may be increased to 80% provided buildings are either setback 300 feet or certain improvements are provided that limit the amount of runoff from entering a water body. Staff has discussed including similar language in the design standards of the Subdivision Ordinance. Recommendation Staff recommends approval of the ordinance as revised. Minnesota Department of Natural Resources 500 L.itasrrir Road St. Patil. \linnemnta iil53-40 July 29, 2002 Ms. Cindy Sherman Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 Dear Ms. Sherman: Re: Approval of Shoreland Ordinance Flexibility, City of Albertville Thank you for submitting the proposed shoreland amendments for the Department's review as part of the city's request for flexibility from the shoreland ordinance standards. The city's proposed alternative approach and ordinance language from the impervious surface requirements within the city's commercially zoned areas are in compliance with Minnesota Statutes, Chapter 103F and the Statewide Standards for Management of Shoreland areas found in Minnesota Rules Parts 6120.2500 — 6120.3900. The request for flexibility as provided for in MN Rules, Part 6120.2800, Subp. 3 is approved. We appreciate your efforts in coordination with Area Hydrologist Patty Fowler and Shoreland Program Hydrologist Peder Otterson to develop a unique solution to this development issue. This ordinance revision represents a positive result for both the community's development and its natural resources. Thank you for your cooperation and commitment to sustaining our water resources. Sincerely, DNR Waters hn Linc Stine, Administrator Water Management Section Copies: Dale Homuth, Regional Hydrologist Linda Goeb, City of Albertville Mike Couri, City Attorney Pete Carlson, City Engineer Linda Fisher, Larkin, Hoffman, Daly, Lindgren Patty Fowler, Area Hydrologist DNR Information: 651-296-6157 • 1-888-646-6367 • M: 651-296-5484 0 1-800-657-3929 An Equal Opportunity Employer Printed on Recycled Paper Containing a Who Values Diversity %4. Minimum of to% Post -Consumer Waste CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002-14 AN ORDINANCE AMENDING SECTION 4905.61 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING COMMERCIAL USES IN THE SHORELAND OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. PURPOSE. The purpose of this ordinance is to allow high quality developments within the commercially zoned areas of the City of Albertville that enhance and protect the shoreland areas while allowing for lot coverage that is reasonable for commercial uses. SECTION 2. DEFINITIONS. Section 200.2 (155) is hereby amended to add the following definitions: Impervious Surface. An artificial or natural surface through which water, air or roots cannot penetrate. Lot Coverage. Lot coverage means the portion (percentage) of a lot or parcel that will be covered with impervious surface following completion of the development activity and is calculated by dividing the impervious surface area by the total lot or parcel area. Effective Lot Coverage. Percent effective lot coverage means the portion (percentage) of a lot or parcel that will be covered with connected impervious surfaces following completion of the development activity. Connected surfaces are those that flow directly into a storm water conveyance system or do not meet City criteria for flow into or through pervious areas. Effective lot coverage is generally the connected impervious area divided by the total lot or parcel area and is determined by completing a worksheet provided by the City. SECTION 3. Section 4905.61 C is hereby added to wit: Section 4905.61 C: For developments within the Shoreland Overlay District with an underlying Business (B) zoning designation lot coverage may exceed 25% and be up to 80% subject to the following criteria: a) The lot is served by municipal sewer and water. b) A conditional use permit (CUP) application is submitted and approved as provided for in Section 400 (Conditional Use Permits) of this Ordinance. c) Notice of requests to exceed 25% lot coverage shall be sent to the Department of Natural Resources for their review and comment. d) The lot meets or exceeds the minimum lot size and dimension requirements. e) The building setback is at least 150 feet from the OHW and the building height does not exceed 25 feet. f) As part of the CUP process and site and building plan review, plans for structures, parking areas, and other facilities shall be reviewed for their effort to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. g) Parking lot lighting shall be provided in a manner so that all light is downcast with special attention paid to eliminating glare and minimizing the number and height of poles. h) Declaration of covenants, restrictions, and easements shall be provided on individual developments to protect the land adjacent to the water body. i) A buffer of 40 feet is maintained adjacent to the lake where only ponding, wetland replacement and native planting will be permitted. An additional 60 feet of open space (total 100 feet) shall be provided adjacent to the 40-foot buffer. Passive recreational activities such as trails or picnicking or ponding, wetland replacement or plantings may occur in the 60 feet of open space. Ord. 2002-XX Page 2 of 4 j) On riparian lots, a detailed planting plan is submitted that enhances the buffer area by providing native species as a supplement to existing vegetation. k) Collection and treatment of storm water runoff prior to discharge to public waters shall be designed and implemented consistent with the City's storm water management regulations as set forth in the City's Subdivision Ordinance. I) If a site exceeds 50% lot coverage and the use is a non -water orientated structure then one of the following must be met: i. All buildings must be setback at least 300 feet; or ii. Reduce the effective lot coverage below 50%. This provision will require demonstration that sufficient low -impact development (LID) practices will be implemented in a location(s) on the lot or parcel to capture and treat runoff from the impervious areas above the 50% threshold for a 0.5-inch design storm (Type II, 24-hour, AMC-2). A City -provided worksheet must be completed to demonstrate compliance with this provision. LID practices may include but are not limited to the following: 1. Vegetated swales; 2. Rain water gardens; 3. Depressional storage/infiltration areas; 4. Infiltration trenches or basins; 5. Permeable pavement; - 6. Bioretention areas; 7. Grassed filter strips; 8. Sand filters; 9. Cisterns or dry wells; and 10. Other practices not listed above or that may become known after the effective date of this ordinance. SECTION 4. EFFECTIVE DATE. This amendment shall be in full force and effect immediately following its passage and publication. Approved by the Albertville City Council this day of 2002. Ord. 2002-XX Page 3 of 4 13735 Aberdeen Street Ham Lake, MN 56304 763-785-8873 1-800-521-8231 fax: 763-755.1473 www.arrowsigninc.com ECEIAA Complete Custom Made Signs & Awnings July 22, 2002 Dear Ms. Goeb: This memo is in response to the letter sent by the City of Albertville to Dick Enrico, 2nd Wind Exercise Equipment. Mr. Enrico asked Arnow Sign and Awning to contract pylon ��. business that would measure the foot-candles emanatingom the 2nd Wind ,Attached are the findings, Sincerely, Helen Jelinek i Id 30Nh 108P / NDIS ,,tOddV Wd00:9 ZOOZ 'ZZ'Inh FROM :AMTECH LIGHTING ER75 FAX NO. :6514397521 Lighting Servits glifilLIVIS N Lighting Ag);?C a.! $i hWA) I N 6 Jul. 22 2002 02:48PM P2 6077 Lake Elmo Ave. North St owater, MN 56082 Telephone (651) 439.7440 Fax (651 ) 439.7521 Z>vAA')d' DC wNR y j*017�et,+t�Sv�vr�v + .L r qh iNjF /.. 1 e-rRNC 6 4* 0" a c) 7X 'rt o a )c L-t a wr a.�ti�raS a�- A ,mod w �1wo P--AaPe- IsC C. a. 4-1 � >rl �, A- R 1. Q � RT+S 14. Z � t� L. R2 R y B CrzT u i 2.. L E y inn at9 j�,eca.c9. t+�Ss Wire -�akgN '$�-}t �" 2 1 5� + as No- � d�- t +� 9 s w c v �. tin ,e? a 5 u r a R �.s t� e,�+1�-�- `i es CI©ssS`� 4-o S►ck0 (�.i5 ht h+ R'Qack►Nat:s rr. C. c+r. tiH 'a � r C �✓`� ©'�,'� . 1�. Q a � t N of -f ur NSA F is L-L -Aj s IFo04- � 4 g, cA c1.P '� sacs �• � � �}- o +r 1 z e 1.� �a• �- ;r_aa-aa. C 'd L889'0N 3)Nh M ftV i NDIS 41 V V�j£C y COC'c '�•�'In' Page I of 2 Linda Goeb From: <Dorothy.Rich@mpls.frb.org> To: <admin@ci.albertville.mn.us>; <jolson@ci. albertvi Ile. mn. us>; <kfrankli n@ci. albertvi Ile. mn. us>; <Iberning@ci.albertville.mn.us>; <swallace@ci.albertville.mn.us>; <jvetsch@ci.albertville.mn.us>; <planning@ci.albertville.mn.us> Sent: Thursday, July 25, 2002 8:55 AM Subject: Compliance of 2nd Wind Sign to Letter sent July 15 2002 John Olson, Mayor City Council Members Linda Goeb, City Administrator Cindy Sherman, City Planner On July 15, 2002 a letter ("Letter") was sent to Richard Enrico of 2nd Wind Exercise Equipment notifying him of the ordinances regarding hours and amount of sign illumination. At the time, 2nd Wind Exercise Equipment had been in constant violation of the ordinance regarding hours of illumination. Recently, the sign appears to be brighter which may be in violation of the ordinance regarding amount of illumination. The Letter reminded Mr. Enrico that sign must not be illuminated during the hours of 11:00 pm and 7:00 am. Violation is punishable by up to 90 days in jail or a $700 fine. A citation may be issued for each day in violation. Further, illumination is not to exceed .4-foot candles as measured from the adjacent residential properties. Mr. Enrico was to provide the City Administrator with a certified reading of the lighting. After attending the July 15, 2002 City Council meeting, I spoke with Linda Goeb regarding options on how to enforce this Letter. We agreed that the best line of defense is for those people living in the residential area adjacent to the sign to notify the City Council and its representatives regarding continued violation of the ordinance. I have forwarded this information to my neighbors. Since this conversation, I have made it a point to watch the sign on a daily basis. Please know that nothing has been done by Mr. Enrico to correct the hours of illumination. The 2nd Wind Exercise Equipment sign AND the Culvers sign continue to be consistently illuminated beyond midnight well beyond the required 11:00 pm cutoff. Further, 2nd Wind Exercise Equipment had until July 23, 2002 to comply with the ordinance before a citation would be issued. It is now past the waiting period and correction has not been made to hours of illumination. On July 24, 2002 1 noticed the 2nd Wind Exercise Equipment sign was illuminated at 12:15 am. At the time of the July 15, 2002 City Council meeting, a letter has not been sent to the owners of Culvers. The Culvers sign appears to often be on all night. It is my hope that we can work together to finally put this issue to rest. I think we are all exhausted by the constant need to add the sign issue to City Council meeting agenda. I think I speak for my neighborhood when I say that we feel reassured that the City Council is sympathetic to our problem. Not only does the sign illuminate our homes at inappropriate times of the night, but we are concerned about property value and future resale. However, we are extremely disappointed that we have been voicing our concerns for almost a year and this is the first official letter sent to Mr. Enrico. In the future, we would like to see the ordinance amended to have the sign turned off at 10:00 pm or close of business whichever is earlier. This would be ideal as many families, especially those with young children, go to sleep well before 11:00 pm. I believe such an amendment has been discussed in the past. However, I do not know where the issue currently stands. Research was going to be done to determine the correct procedure. 07/31 /2002 Page l of 2 Again, I'm hopeful that this sign issue is coming to a close. I have informed my neighbors of the role we must play to enforce the ordinance regarding hours of illumination. Please let me know if there is anything further we can do to help the City Council effectively correct this problem. Sincerely, Dorothy Rich 6120 Kalland Circle (763)497-0639 - H (612)204-5126 . W dorothy.rich@mpis.frb.org 07/31 /2002 07/30/02 08:06 FPS 320 229 4301 SEH AL.BERTVILLE 0001 AdW<' / -200 Zft Avenue South. P.O. Box 1717, St. Cloud, MN-68302-1717 320 .4300 FAXarcleitutare er+giaeering enntrenmc�taL Ira atioa July 26, 2002 RE: 2002 Street Overlay Albertville, MN SEH No. A-ALBEV 0217.00 The Honorable Mayor and City Council Members c/o Ms Linda Goeb, Admr\Clerk\Tremurer City of Albertville 5975 Main Avenue NE PO Box 9 Albertville MN 55301.0009 Dear Mayor and Members of the City Council: Bids were opened in the City Hall at 11:00 a.m. on Thursday, July 25, 2002, for the above - referenced improvement. The low bid was submitted by Buffalo Bituminous Inc. of Buffalo, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Buffalo Bituminous Inc is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of $68,623.50. Please contact me if you have any questions. ely, J. ar AnV, City Engineer mdh Enclosure (Bid Tabulation) W!%AMV4Z71SPECML-CI: Y RECOM6OM-0726M.DOC Short E01ol Hendrickson Inc. YourTrusted Resource E4eal Opportunity Employer 07/30/Ot 08*08 FAX 320 229 4301 SER - ALBERTVILLE IM002 a ci ran L6 0 z 0 w 0: z w a co vt w 40 8 Lop t8 8 9pp ggi 40 8 8 C%1 Ink .......... . 1w is 8 i 4 12 VIP nx ul uj 0. uj 5 t= LAi L) LLJ CO IL (4) CIO > M C.3 Lu X <L C o LU 0 80 o U, Lu uj ZOUD 00 mrn co Z� 8' 8 8 co Cd C4 COco at I i -J•n��•i" R�fo� �0 • �� Calah �ati�v1 M.00 e4f el 95q _. ` 9 i7a4yi1 rs �bA q2.33 �b ... ya a 24� Pfo�osaA � � � p 4 Pte�o[ .�-�y 4'1 oI: bwa I q y `' outA I to U0.0 ,p to r �d�'JttJS rr �` p Ca h se o ALI <}- i I •a� .S q � Ah�• y � `J iI r 3p fo of VVMJ O' - o►ot - gt01. 00 tooxl �x�kin ��bila�iov►s (VA e - DI�e..c� QAtVt-lto(d• Is 30 GRAPHIC SCALE O DENOTES IRON COUNTY DITCH 9 AGREEMENT 5d Cs) THIS AGREEMENT is entered into this day of 2002, by and between the City of St. Michael, hereinafter referred to as "St. Michael" and the City of Albertville, hereinafter referred to as "Albertville." WITNESSETH WIIEREAS: County Ditch 9, hereinafter referred to as Ditch 9, flows through and serves as a surface water drainage basin for St. Michael; and V44EREAS: Ditch 9 also flows through and serves as a surface water drainage basin for Albertville; and WHEREAS: Discharges from a tributary area in St. Michael flow into a segment of Ditch 9 located in Albertville; and VaIEREAS: Discharges from Ditch 9 in Albertville flow into Ditch 9 in St. Michael; and WHEREAS: It is in the interest of both parties to regulate, maintain, and repair Ditch 9, NOW, THEREFORE, the parties hereto agree as follows: 1. Purpose and Plan. The purpose of this Agreement is to develop a cooperative procedure for St. Michael and Albertville to prepare and implement a plan for the regulation, maintenance, and repair of Ditch 9 from its upstream beginning in Section 2, R24W, T120N in Albertville to its outlet to County Ditch No. 21 in Section 10, R.24W, T12ON in St. Michael. 2. Plan Preparation. Within ninety (90) days following the effective date of this Agreement, the Ditch 9 Authority, hereinafter referred to as "Authority" as described in Section 3, shall prepare a comprehensive plan, hereinafter referred to as "Ditch 9 Plan," for the regulation, maintenance, and repair of the entire length of Ditch 9. The Ditch 9 Plan shall include the following: 2.1 Establishment of surface water drainage design parameters for all development and redevelopment projects, public improvements, and rural land uses located in the Ditch 9 drainage basin. 2.2 A review of the hydrology of the watershed to determine the flow capacity for the Ditch 9 cross -sections and profile. The review will include an analysis of the capacity of existing structures on Ditch 9. Each City shall be responsible for reviewing its portion of the watershed. 2.3 A description of the existing condition of Ditch 9 and an itemization of any current maintenance or repair needs. The City Engineers will provide the surveys and inspections in their respective cities with concurrence by the other City. Existing structures will be reviewed for hydraulic and structural integrity. 2.4 A description of the applicable ditch regulations of the appropriate permitting agencies, including the DNR, BWSR, COE, and WCSWCD. The City Engineers will meet with representatives from these agencies. 2.5 Cost estimates for current maintenance and repair needs. The cost estimate shall include all construction costs plus all overhead costs such as legal, engineering, and administration costs. 2.6 Easement needs shall be determined for the ditch and desired buffer zones. 3. Plan Adoption and Amendment: The Ditch 9 Plan shall be prepared cooperatively by the City Engineers. The City Engineers must jointly agree on the Ditch 9 Plan before submitting it to the Authority for review and approval. The Authority shall be composed of two Councilpersons and one Planning Commissioner from each community. The City Engineers shall provide the technical assistance needed by the Authority. The Ditch 9 Plan shall be adopted by a majority vote of the members of the Authority and may be amended annually by a majority vote of the members of the Authority. 4. Plan Implementation. Following Ditch 9 Plan review and adoption by the Authority, each City shall arrange for and administer the implementation of Ditch 9 Plan. Each City will perform all work necessary on the segments of the ditch located in their respective jurisdiction. All contracts for the performance of maintenance and/or repair projects shad be noticed and awarded in accordance, with applicable statutory requirements. Work included in the Ditch 9 Plan may be performed privately by owners of lands tributary to Ditch 9 and such work may be eligible for partial reimbursement when in accordance with the Ditch 9 Plan. All permits necessary for maintenance and/or repair projects on Ditch 9, will be secured by the Authority. 5. Inspection and Review. Any member of the Authority may review and inspect any and all work, services, and activities undertaken pursuant to the Ditch 9 Plan, and may inspect and audit books and records relating to plan implementation. If any discrepancies or inefficiencies are noted, the Authority shall work out their differences. 6. Cost Allocation. The costs for preparing and implementing the Ditch 9 Plan shall be allocated to and paid by the respective City on the basis of the following: 6.1 The payment for the costs of preparing and administering the Ditch 9 Plan shall be allocated to each City based on their proportionate area of the Ditch 9 drainage basin. 6.2 The payment for the costs of a maintenance or repair project on any segment of Ditch 9 will be allocated to each City based on their proportionate area of that part of the Ditch 9 drainage basin lying upstream of the lower most point of the segment. On combined projects, each segment will be calculated separately. 7. Cost Reimbursement. Within sixty (60) days following the completion of a Ditch 9 maintenance and/or repair project done in accordance with the Ditch 9 Plan, the Authority shall transmit a statement to each City detailing the costs which have been incurred in doing the project. The appropriate City will reimburse its portion of the costs to the City with the project within thirty (30) days following the receipt of the statement. 8. Annual Report. An annual inspection of the condition of Ditch 9 and it truck facilities will be made by the City Engineers. The City Engineers shall inspect those segments of Ditch 9 located in their, respective City and then submit a summary report to the Authority. The reports will also include all development activities which have occurred in the Ditch 9 drainage, basin. The annual inspection and development repot shall be submitted to the Authority two weeks in advance of the annual meeting of the Authority. 9. Annual Meeting. The first annual meeting of the Authority shall be at 8:00 p.m. on the last Wednesday in October in 2002 at the St. Michael City Hall. Subsequent annual meeting times and sites shall be set by the Authority. 10. Depository. The Authority shall establish an account in a state or national bank authorized to received deposits of monies and to act as a depository for funds budgeted for the administration of the Ditch 9 Plan. The Authority may act to disburse monies from this account on the authorization and signature of one Councilperson member from each City 11. Insurance. The Authority may purchase property and liability insurance for the purpose of protecting the interests of the Cities in implementing the Ditch 9 Plan. The costs of such insurance shall be funded in accordance with Section 6.1. 12. Gifts Grants and Loans. The Authority may within the scope of this Agreement, accept gifts, apply for and use grants or loans or other property from the United States, the State of Minnesota, or its departments or agencies, Wright County, or any person or entity for the purposes described herein. The Authority may enter into any reasonable agreement required in connection therewith. The Authority shall comply with all laws and regulations applicable thereto, and may hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto. 13. Accounting. On or before December 1, of each year, the Authority shall submit an accounting of the monies expended for administration of the Ditch 9 Plan to each City for review. This report shall include the following: 13.a The financial activities of the Authority over the previous year; 13.b The status of all projects and work pursuant to the Ditch 9 Plan; 13.c Any other matters which affect the interests of the City in the Ditch 9 Plan. 14. DNR Stream Maintenance Program. The Authority hereby agrees to use their best efforts to secure Wright County's participation in the Stream Maintenance Program of the Minnesota Department of Natural Resources established pursuant to Minnesota Statutes 103G.701. Any money secured from this program shall be used to reduce the costs of the members for performing the Ditch 9 Plan. 15. Amendments. Amendments to this Agreement may be made only by written instrument executed by the parties hereto. 16. Effective Date. This Agreement shall be in force and effect following its execution by authorized representatives of both of the members hereto. A certified copy of the Agreement shall be maintained by the Clerks of both Cities. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed. Approved by the City Council City of St. Michael 2002 By: By: Approved by the City Council City of Albertville 2002 By: By: s:\maia:lStM09741:\ReportsW6ch9agreement 1 PURCHASE AGREEMENT , THIS PURCHASE AGREEMENT is made to be effective as of the day of July, 2002, by and between the CITY OF ALBERTVILLE, MINNESOTA, a Minnesota municipal corporation (the "Seller"), and LARSON ENTERPRISES, a Minnesota general partnership (the "Purchaser"). In consideration of the mutual covenants and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purchase of Property. The Seller hereby agrees to sell, and the Purchaser hereby agrees to purchase, for the Purchase Price (as defined below) and in accordance with the provisio of this Agreement, that certain parcel of real property consisting of approximatev� ores (402 feet x 375 feet) of surface area situated in the City of Albertville, County of Wright, State of Minnesota, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements located thereon and with all the appurtenant rights, mineral rights, privileges and easements belonging thereto, subject only to the Permitted Exceptions (as defined below) (the "Property'). The exact legal description of the Property shall be AW governed by the Title Commitment and Survey (as defined below). 2. Purchase Price. The Purchaser agrees to pay the Seller, as the purchase price for the Property (the "Purchase Price'), an amount equal to Four Hundred Ninety Seven Thousand and No/100ths Dollars ($497,000). The Purchase Price shall be payable by the Purchaser as follows: (a) $10000 by the Purchaser's check to be deposited in an interest bearing trust account of the Title Company (as defined below) within five (5) business days after the Purchase Agreement Delivery Date (as defined below), as earnest money (the "Earnest Money"); all interest earned on such funds shall become part of the Earnest Money; and (b) The balance in cash at the closing. 3. Title. The Seller shall, within twenty (20) days after that date (the "Purchase Agreement Delivery Date") the Purchaser receives from the Seller two (2) copies of this Agreement fully executed by the Seller and the Purchaser, deliver to the Purchaser a commitment for an owner's title insurance policy issued by Old Republic National Land Title Insurance Company (the "Title Company"), naming the Purchaser as the proposed owner -insured of the Property (the "Commitment"). The Commitment shall commit to insure marketable title to the Property in the Purchaser subject only to those exceptions listed in Exhibit B attached hereto and incorporated herein by reference (the "Permitted Exceptions"). The Purchaser will be allowed twenty (20) days after receipt of (a) the Commitment, (b) copies of the documents referenced therein and (c) the Survey (as defined in Section 6 below), whichever is last received, for examination thereof and for making any objections to the marketability of the title to, and the Survey of, the Property, such objections to be made by written notice to the Seller within such twenty (20) day period. If no such written objections are made by the Purchaser, then the Purchaser shall be deemed to have accepted the condition of the title as stated in the Commitment and the condition of the Property as shown on the Survey. The Seller shall cause the Title Company to deliver to the Purchaser simultaneously with the delivery of the Commitment copies of all documents referenced in the Commitment as affecting the Property. If any objections are so made to the marketability of the title to, and the Survey of, the Property, the Seller shall be allowed sixty (60) days after the making of such objections by the Purchaser to cure such' objections and to obtain and deliver to the Purchaser appropriate endorsements to the Commitment and an updated Survey, as the case may be, indicating that any such objections have been cured. The Date of Closing and the payments hereunder required ,shall be postponed pending the correction of title and of the Survey, but upon correction of the title and of the Survey and within ten (10) days after written notice of such correction given by the Seller to the Purchaser, the Seller and the Purchaser shall perform this Agreement according to its terms. Title to the Property shall not be deemed objectionable on account of the Permitted Exceptions, except to the extent any easements, restrictions or reservations listed on Exhibit B attached hereto interfere with the Purchaser's intended use or development of the Property. If the condition of the title and the condition of the Property, as evidenced by the Commitment and the Survey,together with any appropriate endorsements or updates, is not marketable in the Seller and is not made so within sixty (60) days after the date of making written objections thereto by the Purchaser, or is not marketable of record in the Seller on the Date of Closing, then the Purchaser shall have the following options: (i) The Purchaser may terminate this Agreement by giving written notice to the Seller, in which event this Agreement shall become null and void and neither party shall have any further right or obligation hereunder, and the Earnest Money shall be returned immediately to the Purchaser; or (ii) The Purchaser,may elect to waive the objections and accept the title or the condition of the Property in its unmarketable condition, in which event the parties shall proceed to closing in accordance with the terms of this Agreement. If the Purchaser does not elect to proceed under Section 3(ii) above by giving written notice to the Seller prior to the expiration of the sixty (60) day period described above, then the Purchaser shall be deemed to have elected to proceed under Section 3(i) above. 4. Inspection. At the Purchaser's sole expense, the Purchaser, its agents and designees are hereby granted the right at any time or times after the date of this Agreement to enter upon and to inspect, analyze and test the Property. The Purchaser shall pay the costs of any such tests, analysis and inspections, and shall indemnify and hold the Seller and the Property harmless from and against any liability, damage or -loss whatsoever arising or resulting from the entering upon the Property or the performing of 2 f any of such tests, analysis or inspections referred to in this Section 4 by the Purchaser, its agents or designees. The Seller agrees, at its expense, to deliver to the Purchaser, within five (5) business days after the date of this Agreement, copies of all soil tests, engineering' inspections, surveys, building plans, building and equipment specifications, traffic studies and hazardous waste and environmental reviews or examinations of the Property commissioned by the Seller or in the Seller's possession or control. 5. Real Estate Taxes and Special Assessments. The Seller shall pay, on or before the Date of Closing, (a) all real estate taxes due and payable with respect to the Property in all years prior to the year of closing and (b) all deferred real estate taxes for the Property for the year of classing and for each year prior to the year of closing, regardless of when such deferred real estate taxes may be due and payable (such deferred taxes include without limitation any taxes deferred under any "green acres" program). The Purchaser shall pay all real estate taxes due and payable with respect to the Property' in all years subsequent to the year of closing. Except for the real estate taxes referenced in Section 5(b) above (which are the sole responsibility of the Seller), all real estate taxes due and payable in the year of'closing shall be prorated on a calendar year basis between the Seller and the Purchaser as of the Date of Closing based upon the parties' respective periods of ownership and possession of the Property in such year. The Seller shall pay all special assessments, whether or not then due, then levied against the Property, then deferred (whether or not denominated as deferred assessments) or then pending for the Improvements (which the Seller has agreed to complete and pay for pursuant to Section 7 below) or for improvements with respect to which, as of the Date of Closing, the letting of contracts has been duly authorized by appropriate governmental action. 6. Survey. Within twenty (20) days after the Purchase Agreement Delivery Date, the Seller shall, at its sole cost and expense, cause a survey (conforming to ALTA survey standards) of the Property to be prepared and delivered to the Purchaser by a surveyor registered in the State of Minnesota (the "Survey"). The Survey shall be certified to the Seller, the Purchaser, U.S. Bank National Association and the Title Company and shall set forth and certify to perimeter lot lines, dimensions and vectors, the boundary area of the Property',and the location of all existing buildings, structures and improvements, the location of any utilities and recorded easements, the location of any visible right-of-ways, any encroachments on or from the Property, all set -back requirements, the floodplain designation and any matters identified in the Commitment. A copy of the Survey shall be delivered to the Seller. 7. Development Costs and Infrastructure Improvements. (a) The Improvements. The Seller shall, at its sole cost and expense, construct and install (or cause to be constructed or installed), on or before the Date of Closing, the following infrastructure improvements to serve the Property, all of which shall be constructed and installed in accordance with ail applicable federal, state, county and local statutes, laws, regulations, rules, ordinances and codes relating thereto (the "Improvements"): I 3 (i) Public Utilities. Water, sanitary sewer and storm sewer utility W� lines to a connection point within ten (10) feet of the perimeter of vtN► ¢` the Property; (ii) Access Road. The access road, including curb and gutter, to run along the north boundary of the Property; and (iii) Grading. Such rough grading and filling (with clean, compactable soils) as is necessary to render the Property a substantially lever site at an elevation substantially the saine as the elevation of the access roads referenced in Section 7 a)(ii) above. (b) Private Utilities. The Seller shall coordina � with all appropriate private utility companies, and pay any costs chargeq ,y such companies in connection with, the installation, on or before the Date of Closing, of all private utilities to serve the Property, including, but not limited to, the extension of gas, electric and telecommunication lines, to a connection point within ten (10) feet of the perimeter o the Property. (c) All Other General Development Responsibilities and Costs. The Seller shall be responsible for completing, at its sole cost and expense, and on or before the Date of Closing, all other general development tasks involving the Property as is necessary to permit the Property to be developed by the Purchaser as a SLUMBERLANDO retail facility, including, but not limited to, all subdivision and platting and a 1 wetland mitigation analysis and any required mitigation itself. (d) Development Responsibilities and Costs Related Specifically to Construction of the SLUMBERLANDO acility. The Purchaser shall, at its sole cost and expense, be responsible r completing all development tasks related to the construction and develol ment of a SLUMBERLANDO retail facility on the Property, including, but not limited to, all site planning and government. a approvals specific to the construction and development of a SLUMB RLANDO retail facility on the Property, all geotechnical borings as may be necessary for the design of the facility to be constructed on the Property, actual construction of the retail facility on site, construction costs for connection of such retail facility to all utilities (both public and private), all connection fees associated with connecting to such utilities(both public and private), landscape approvals and installation costs, and sign permitting and installation costs. 8. Conditions to Purchase Agreement. The bligations of the Purchaser under this Agreement are hereby conditioned upon each of the following to occur: 4 (a) Zoning, Permits and Signage. On or before the Date of Closing, the Purchaser shall have obtained evidence reasonably satisfactory to the Purchaser (i) that the Property is properly zoned, or may be rezoned as the case may be, to permit its use for the Purchaser's intended purposes (which is to construct and operate an approximately 25,000 square foot Slumberiand retail facility), (ii).that all building and other permits, licenses, consents and approvals which are necessary for the Purchaser's contemplated development and use of the Property will be issued by the City of Albertville or other applicable party, and (iii) that the Purchaser will be permitted a pylon sign and other signage on the Property and on the building to be constructed on the Property acceptable to the Purchaser. The Seller agrees that the Purchaser, at the Purchaser's sole cost and expense, may initiate and conduct negotiations and discussions with the appropriate governmental authorities and other parties regarding the obtaining of any such rezoning, consents, licenses, permits, approvals, signage and annexation, and that it will execute any documents required to authorize the Purchaser to apply for and obtain such items. If in the normal course of obtaining such items, and of analyzing the test results from the testing referred to in Section 8(b) below, the Purchaser is prevented from doing so by reason of a lack of a final determination from any governing authority or other party or the lack of a.final report from any testing or inspection organization employed by the Purchaser, then the Purchaser shall be entitled, without any additional monetary consideration or fee, to an extension of the Date of Closing of this Agreement until such matters are resolved, but under no circumstances shall any such extension be more than sixty (60) days. (b) Testing. On or before the Date of Closing, the Purchaser shall have obtained, at its sole expense, environmental, structural, wetlands, soils and other surface and subsurface inspections, tests, audits and investigations of the Property which, to the satisfaction of the Purchaser in its sole discretion, indicate that the Property is suitable for the Purchaser's intended use of the Property. (c) Performance by the Seller. On or before the Date of Closing, the Seller shall have performed all of the obligations required to be performed by the Seller under this Agreement, and all representations and warranties of the Seller contained herein shall be true and correct on the Date of Closing as if made on the Date of Closing. The Purchaser and the Seller each agrees that it will diligently seek to obtain and complete the items described in this Section 8 for which it is responsible using reasonable efforts to do so. If any of the conditions expressed in this Section 8 above has not been met on or before the date set forth above in such condition, then the Purchaser shall have the option, exercisable by written notice to the Seller, (i) to terminate this Agreement, in 5 - which event this Agreement shall become null and void and neither party shall have any further right or obligation hereunder, and the Earnest Money shall be returned immediately to the Purchaser, or (ii) to waive the condition, in which event the parties shall proceed to closing. If the Purchaser does not elect to proceed under Section 8(ii) above by giving written notice to the Seller prior to the date set forth in such condition, then the Purchaser shall be deemed to have elected to proceed under Section 8(i) above. 9. Environmental Laws (a) (i) To the best knowledge of the Seller, no toxic or hazardous substances or wastes, pollutants or contaminants(including, without limitation, any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., as amended) have been generated, treated, stored, released, or disposed of, or otherwise placed, deposited in or located on the Property that would cause or contribute to the cause of (A) the Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("ROW), 42U.S.C. § 6901 et §N., or any similar state law or ordinance, (B) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Property within the meaning of, or otherwise bring the Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (C)_ the discharge of pollutants or effluents into any water source or system, the dredging of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seg., or the Clean Air Act, 42 U.S.C. § 7401 et sue,.; or any similar state law or local ordinance; (ii) to the best knowledge of the Seller, there are no substances or conditions in or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements; and (iii) to the best knowledge of Seller, no above ground or underground tanks are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. To the extent storage tanks exist on or under the Property, such storage tanks have been duly registered with all appropriate regulatory and governmental bodies and otherwise are in compliance with federal, state and local statutes, regulations, ordinances and other regulatory requirements. (b) The Seller shall indemnify, defend and hold the Purchaser harmless from and against any and all damage or expense (including without limitation reasonable attorneys' fees) which may arise or result from the breach by the Seller of any of the above representations or warranties or any other representation, warranty or covenant contained in this Agreement. Consummation of this Agreement by the Purchaser with knowledge of any such breach by the Seller will not constitute a waiver or release by the Purchaser of any claims due to such breach. 10. Closing and Possession. The date of closing of this Agreement (the "Date of Closing') shall be on or, at the option of the Purchaser, before September 1, 6 2002, except to the extent such date has been extended as provided in Sections 3 and 8 above. The closing shall be held at a time and place mutually agreeable to the parties, and the Purchaser shall have possession of the Property, if not sooner given to the Purchaser, from and after the Date of Closing. The Seller shall remove from the Property all personal property not being purchased hereunder and all debris prior to the Date of Closing. At the closing, the Seller shall deliver to the Purchaser the following: (a) A warranty deed conveying to the Purchaser marketable title to the Property, subject only to the Permitted Exceptions and to any matter that has been waived as provided in Section 3 above; (b) The abstract of title or the Owner's Duplicate Certificate of Title to the Property, whichever is applicable; (c) An affidavit of the Seller, in form and content satisfactory to the Purchaser, staring that the Seiler is not a "foreign person' within the meaning of Section 1445 of the Internal Revenue Code (d) An affidavit of the Seller, in form and content satisfactory to the Purchaser, stating that there are, as of the Date of Closing, no outstanding, unsatisfied judgments, tax liens or bankruptcies against the Seller, no labor, services or material machinery furnished to the Property for which mechanic's liens could be filed and no unrecorded interests in the Property which have not been fully disclosed in writing to the Purchaser, together with whatever standard affidavits and other instruments which may be required by the title insurer to issue the policy of title insurance pursuant to the Commitment; (e) The appropriate federal income tax reporting form, if any is required; and (f) Any other documents required pursuant to this Agreement. Upon delivery of the foregoing items, the Purchaser shall deliver to the Seller at the closing the following: (g) The balance of the Purchase Price by certified check or wire transfer of federal funds; (h) ' An affidavit of the Purchaser, in form and content satisfactory to the Seller, stating that the Purchaser is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code and (i) Any other documents required pursuant to this Agreement. 7 11. Costs and Expenses; Prorations. (a) The Seller and the Purchaser will each be responsible for its legal, accounting and other expenses associated with the tra isaction contemplated by this Agreement up to and including the date final adjustor is are made pursuant to this Section. The premium for any title insurance policy esired by the Purchaser shall be paid by the Purchaser. The closing fees of any title company involved in the closing shall be paid by the parties in equal shares. (b) For the purposes of any proration pursuant to this Agreement, the Seller shall be considered to be the owner and possessor of the Property through and for the entire Date of Closing. (c) If any amount to be apportioned under this Agreement cannot be calculated with precision because any item included' such calculation is.not then known, such calculation shall be made on the basis o reasonable estimates by the Seller of the items in question. Promptly after any such itein i becomes known to either party, such party shall so notify the other and shall include i i such notice the amount of any required adjustment. If such adjustment requires an ditional payment by the Purchaser to the Seller, the Purchaser shall make such payment o the Seller simultaneously with its giving or within twenty (20) days of its receipt of suc i notice, as the case may be. if such adjustment requires a refund by the Seller to the Pure iaser, the Seller shall make such refund simultaneously with its giving or within twenty (20) days after its receipt of such notice, as the case may be. 12. Condemnation. In the event that, prior to the Date of Closing, proceedings for the condemnation of the Property or y portion thereof, are commenced by governmental authority having jurisdiction to dos , the Purchaser shall have the option (a) to terminate this Agreement by written noti a to the Seller, whereupon the Earnest Money shall be immediately returned to the P irchaser, or (b) elect not to terminate this Agreement on account thereof, whereu on the parties shall proceed to closing. In the event of any such condemnation, the Seller agrees to immediately notify the Purchaser of such condemnation and to provide t the Purchaser all information in the Seller's possession regarding the probable amount of any condemnation award recoverable on account thereof, and, if this Agreemen is not terminated on account thereof, the Seller shall either (i) assign to the Purchaser its rights to any such condemnation award or (ii) reduce the Purchase Price on a pro rata per square foot basis for all portions of the Property condemned by such go vernmental authority (at which time the Purchaser shall have no right to any of the con ion proceeds, including any claim for reduction in value to the remaining portions of the Property), the choice between subsections 12(i) or 12(ii) above to be at the sole discretion of the Purchaser. If the Purchaser does not elect to proceed under subset on 12(b) above by giving written notice to the Seller prior to the Date of Closing, then 1he Purchaser shall be deemed to have elected to proceed under subsection 12(a) above 8 13. Warranties and Representations. (a) By the Seller. The Seller warrants and represents to the Purchaser that: (i) The Seller has the power to enter into and perform this Agreement and all closing documents. The Seller is a tax-exempt entity. (ii) The execution and delivery of this Agreement and the consummation of the transaction contemplated thereby, and the fulfillment of the terms and conditions thereof, do not and will not conflict with or result in a breach of any terms or conditions of any restriction or agreement or instrument to which the Seller is now a party. (iii) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Seller, threatened against the Seller or the Property in any court or before any federal, state, municipal or other governmental agency which if decided adversely to the Seller or the Property would have a material adverse effect upon the Seller or the Property. (b) By the Purchaser. The Purchaser warrants and represents to the Seller that: (i) The Purchaser has the power to enter into and perform this Agreement and all closing documents. The Purchaser's federal tax identification number is 41-1448255. (ii) The execution and delivery of this Agreement and the consummation of the transaction contemplated thereby, and the fulfillment of the terms and conditions thereof do not and will not conflict with or result in a breach of any terms or conditions of any restriction or agreement or instrument to which the Purchaser is now a party. (iii) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Purchaser, threatened against the Purchaser in any -court or before any federal, state, municipal or any other governmental agency which if decided adversely to the Purchaser would have a material adverse affect upon the Purchaser's ability to perform its obligations under this Agreement.' 14. Notices. All documents to be delivered and all notices, demands, requests or other communications which may or; shall be given in connection with this Agreement shall, in order to be effective, be in writing and be given by personal service or sent by 9 United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to the Seller: CITY OF ALBERTVILLE, MINNESOTA P.O. Box 9 Albertville, MN 55301 Attention: Ms. Linda Goeb City Administrator with a copy to: COURI & MACARTAUR P.O. Box 369 705 Central Avenue East St. Michael, MN 55376-0369 Attention: Mr. Michael Couri City Attorney If to the Purchaser: LARSON ENTERPRISES 3060 Centerville Road Little Canada, MN 55117 Attention: Mr. Kenneth R. Larson Partner with a copy to: GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Attention: Mr. John W. Fitzgerald Attorney at Law Each such mailed notice or communication shall be deemed to have been given to the party to whom it is addressed on the date the same is deposited in the United States certified mail, postage prepaid, properly addressed in the mannerprovided above. Each such document, notice or communication personally served upon a party shall be effective upon service. Either party may change such parry's address under this Section by written notice of such change to the other party hereto, given in the manner above specified, at least ten (10) days prior to the effective date of such change. 15. Binding Effect. The, persons executing this Agreement on behalf of the Seller and the Purchaser each represents that he or she has full authority to bind the Seller or the Purchaser, as the case may be, to this Agreement, and that this Agreement has been by him or her duly and validly executed and delivered and is the binding obligation of the Seller or the Purchaser, respectively, and its successors and assigns, enforceable in accordance with its terms. 10 16. Survival. All of the covenants, warranties and provisions of this Agreement shall survive and be enforceable after the closing of this transaction, shall survive the execution and delivery of alny documents delivered in accordance with this Agreement, and shall inure to the benefit of and be binding upon the Purchaser and the Seller and their respective successors and assigns. 17. Complete Agreement.' This is a final agreement between the parties and contains their entire agreement and supersedes all previous understandings and agreements, oral and written, relative to the subject matter of this Agreement. This Agreement may not be changed orally and any amendment to this Agreement must, in order to be effective, be in writing and be signed by the party against whom enforcement is sought. 18. Time of the Essence. Time is of the essence in the performance of this Agreement. Either party shall have the right to seek damages for a breach of this Agreement or the right to seek specific performance of this Agreement provided it is has not been terminated, and further provided, as to any action for specific performance, that such action is commenced within six (6) months after such right of action arises. 19. No Relationship. Nothing in this Agreement shall be construed as creating a joint venture between the Purchaser and the Seller, or any relationship other than that of buyer and seller and neithe1r party hereto, nor anyone -else, shall have any authority or power by virtue of the provisions of this Agreement to incur any liability or obligation which will be binding upon the other party hereto, other than as provided by the specific provisions of this Agreement. 20. Cautions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement, even if a question of intent should arise. 21. No Waiver. Neither the failure of any party in one or more instances to insist upon performance of any term of provision of this Agreement by the other, nor the waiver by either party in any one or more instances of any breach of any term or provision by the other, nor the failure of any party in any one or more instances to exercise any rights or privilege conferred by this Agreement shall be construed as thereafter waiving any such term, provision, right or privilege. 22. Commissions; Well Disclosure; Sewage Treatment Disclosure. (a) Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party from any claims for real estate or other sales commissions or fees arising out of the purchase and sale of the Property pursuant to this Agreement to the extent such claims are based on the acts or agreements of the Indemnifying Party, and any damages, losses, liabilities and expenses, including without limitation attorneys fees, arising out of or related thereto. Notwithstanding the foregoing, the Seller shall pay a 11 ', i commission equal to five percent (5%) of the Purch Price to Griffin Companies, Inc. in connection with this transaction. (b) The Seller does hereby certify that, to its knowledge, there are no wells on the Property and does hereby agree to deliver at the c sing any written disclosures related' to such facts as required by law. (c) The Seller does hereby gertify that, to its knowledge, no individual sewage treatment system is located on or is serving the Pro IN WITNESS WHEREOF, this Seller and Purchaser have caused this Agreement to be executed as of the date first above witten. The Seller The Purchaser CITY OF ALBERTVILLE, NIINNESOTA LARSON ENTERPRISES By By John Olson - John W. Fitzgerald, attorney in Its Mayor fact for Kenneth R. Larson, Partner By Linda Goeb Its City Administrator By Michael Couri Its City Attorney 12 i Exhibit A Exh t Descri'on of the Pr ert [The exact legal description to be supplied by the surveyor that completes the Survey; the Property is located on the west side of County Road 1in Wright County, Minnesota, north of the Albertville Outlet Mall and includes the parcel marked "Lot 6" on the preliminary site plan attached hereto as Exhibit C, together with additional land contiguous to, but west of, such Lot 6. G 13 Exhibit B 1. Real estate taxes, but only to the extent payable by the Purchaser pursuant to the foregoing Agreement. 2. Building and zoning laws. 3. Utility, drainage and roadway easements of relFord which do not interfere with proposed improvements. 17, CHAPTER 6 Eligibility for office Minn. Const. art VII, § 6; See also The Minnesota Constitution sets the qualifications for elective office. Jude v. Erdahl, 296 Minn. 200, 207 All eligible voters 21 years of age or older may hold elective office in N.w.2d 715 (1973). Minnesota. To hold elective city office, individuals must be qualified city voters, at least 21 years of age on the date of taking office, U.S. Minn. Const. art. VII, § 1. citizens, and residents of the state for at least 30 days prior to the election. An individual who has been convicted of a felony under either state or federal law cannot hold elective office in Minnesota unless the individual's civil rights have been restored. People appointed by the city council to fill vacancies must satisfy the same requirements. Minn. Stat. §§ 10A.01, subd. 26; Elected and other officials of cities with population over 50,000 10A.07; 10A.09, subds. 1, 6a. located in the seven -county metropolitan area must comply with state conflict of interest disclosure and economic interest reporting requirements. Candidates for elected office must submit statements of economic interest to the city council within 14 days of filing an - affidavit of candidacy. Persons accepting employment as public or local officials must file the disclosure statement within 60 days of accepting employment. In both cases, the law requires the filing of supplementary annual reports. Term limits Minneapolis Term Limits Coalition v. Article VII, section 6, of the Minnesota Constitution establishes the Keefe, 535 N.w.2d 306 (Minn. 1995). eligibility requirements for public office. The Constitution does not authorize the establishment of additional "eligibility" requirements. Therefore, a charter city may not enact term limits as an eligibility requirement. A term limit is an eligibility requirement because it has nothing to do with a person's ability to perform the job; rather, it is a restriction based on a factor unrelated to job performance. Vacancies . Minn. Stat. § 351.02. Vacancies in an elective office in a statutory or home rule charter city may occur for any of the following reasons: Death Minn. Stat. § 351.02(l), (8). The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office, the vacancy exists from the date the term would have started. HAND1300K FOR MINNESOTA CITIES Resignation Minn. Stat. § 35 LO2(2); A public official must submit a resignation, in writing, to the officer Minn. Stat. § 351.01, subd. 1. who has authority to appoint a replacement. In cities, all resignations should go to the council. After receiving a resignation, the council should pass a resolution stating that it has received and accepted the resignation and declaring that a vacancy exists. Minn. Stat. § 351.01, SO& 2, 3, 4. Unless the resignation expressly states that it is to take effect at a future date, the resignation will be effective when the council receives it. If the resignation states that it takes effect on a specified date, the vacancy occurs on that date whether or not the council has accepted it. To withdraw a prospective resignation, the resigning officer must submit a written statement of withdrawal in the same manner as the resignation, and must submit it before the council accepts the resignation by resolution or before the officer authorized to receive it has issued a written acceptance. Removal by operation of law In most situations, it is not possible to remove statutory elected officials before the end of their term, for cause or otherwise. Statutory city voters have no recall authority. Some charters, however, give voters this option. Minn. Stat. § 351.02(5). In certain situations, removal by operation of law can occur. A .A.G. Op. 359-A-20 (Nov. 18,1952). vacancy occurs if an elected official is convicted of any "infamous". Minn. Stat. § 609.02, subs. 2; Minn. Stat. § 609.42. crime. An infamous crime is a felony; that is, a crime for which a sentence of imprisonment for more than one year may be imposed. Minn. Stat. § 609.42, subs. 2. For example, bribery is a felony. Thus, a bribery conviction would result in the elected official's immediate removal from office. " Moreover, any public officer convicted of bribery is "forever" disqualified from holding public office. Minn. Stat. § 609.43; Minn. Stat, § Misconduct of a public officer or employee, as defined by law, is a 609.02, subd. 4. gross misdemeanor. Therefore, a misconduct conviction is not an infamous crime and does not automatically result in an elected official's removal from office. Minn. Stat. § 351.02(5); Minn. Stat. § A vacancy does occur when an elected official is convicted of an 358.05; Minn. Const. an V. § 6. offense involving a violation of the individual's official oath. The See, e.g. Minn. Stat §§ 609.415-.475. official oath is in the Minnesota Constitution. Many offenses which are not felonies may involve a violation of the individual's oath. Thus, if an official's conviction for misconduct in office violates the individual's official oath, a vacancy occurs, even though an infamous crime has not been committed. City officials should consult an attorney when they are considering removal of a public official. 118 CHAPTER 6 Termination of city residency Minn. star. § 351.02(4). Every office shall become vacant when the official ceases to be a resident of the city. Residence is a factual question that the council must determine in each case. Voting in the city is only one indication of residence. The office holder's intent and availability to perform official duties are additional criteria. A member of the council becomes a non-resident when the property where the member lives is detached from the city. Failure to qualify for office Minn. Stat. § 351.02(6). Failure to qualify for office may consist of an official's refusal or neglect to: take the oath of office, give or renew an official bond, or deposit such oath or bond within the time prescribed by law. This type of vacancy is not automatic. A newly elected official may qualify at any time prior to the council declaring the office vacant. Abandonment A.G. Op. 99 (1920). Whether an abandonment actually occurs is difficult to determine. The intent of the office holder is the controlling factor. The attorney general, while cautioning that this is a question of fact, has indicated that failure to participate in council activities for three months is sufficient grounds for declaring an abandonment of office. 90 day absence rule Minn. Stat. § 412.02, subd. 2b. A vacancy in the office of mayor or councilmember may be declared by the council when the office holder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary office holder and restore the original office holder. Qualifying for a second or incompatible office A.G. Op. 358 (Dec. 18, 1970). Incompatible offices are any public offices which an individual may not hold simultaneously. 119 HANDBOOK FOR MINNESOTA CITIES Expiration of elected term Minn. Stat. § 412.02, subd.2. Generally, the vacancy occurring at the conclusion of an incumbent's term of office is filled immediately by the successor. If no one has been elected, the office is filled by the incumbent until the council appoints a successor and that person qualifies for the office. The recall of an elective officer to active duty in the military service of the United States does not create a vacancy in a person's office. Habitual drunkenness Minn. Stat. § 351.07. The habitual drunkenness of any person holding office is good cause for removal from office. Filling vacancies Minn. Stat. § 412.02, subd.2a. Because the council must fill vacancies in elective offices, it must also determine whether a vacancy exists. After investigating the facts, the council should pass a resolution declaring that a vacancy exists. A - majority of the council voting on the question must pass the A.G. Op. 471-M (Oct. 30, 1986). resolution. A quorum must be present. The council may appoint any individual who is eligible for election to that office. The council is not obligated to appoint any candidate previously defeated in an election for the office. The city council should fill the vacant office as soon as possible. Minn. Stat. § 412.02, subs. 2a. In statutory cities, the council fills vacancies in elective offices by appointment until an election is held. Minn. Stat. § 412.02, subd. 2a. If the vacancy occurs before the elected officer assumes duties, the appointee's term runs from January 1 until the next city general election. If the vacancy occurs during the first two years of a four-year term, the appointee serves until the next city election when a special election is necessary to fill the remaining two years of the term. If the next city election is in November, the newly elected councilmember takes office the following January, just as if it were a normal election. If the vacancy occurs in the last two years of a term, the appointee serves for the remainder of the term and a special election is not necessary. Minn. Stat. § 415.15. A retiring councilmember may not vote on the appointment of the A.G. Op. 471-M (Dec. 27,1977). successor to that vacancy. A councilmember, however, who is elected mayor may, as mayor, participate in the appointment to fill the vacant council position. 120 CHAPTER 6 Minn. Stat. § 412.02, subs. 2a. If the council votes on an appointment, and the vote results in a tie, the mayor shall make the appointment without council approval, even A.G. op. 471-M (Mar. 2, 1962). if the mayor has voted on the appointment. The mayor may select any eligible person for the position and does not need to choose from Minn. Stat. § 412.121. those the council considered. The mayor should make the appointment in writing and file it with the city clerk. When the vacancy is for mayor and the council casts a tie vote, the acting mayor should make the appointment since by law the acting mayor may perform all the duties of the mayor if the mayor's office is vacant. The acting mayor may not appoint himself or herself mayor. Minn. Stat. § 574.23. When an office entailing responsibility for handling city funds becomes vacant, the council must provide for an examination of the retiring officer'saccounts. If the examination shows any shortage or irregularity, the council must immediately notify the retiring officer and the sureties on the officer's bond --the insurance company that underwrites the official bond covering the officer. Councilmembers ineligible to fill certain vacancies Minn. Stat. § 471.46 City councilmernbers, including mayors and elected clerks, may not fill vacancies in other elective offices in the city. This rule applies even though a councilmember resigns the position on the council before the council makes the appointment. An exception to this rule is that the council may appoint one of its members to the office of either mayor or clerk, but in such a case the person who is up for appointment may not vote. Mayor Minn. Stat. § 412.191. As the head of the city, the mayor speaks officially for both the government and the community as a whole. In all statutory and most charter cities, the mayor is the presiding officer and a regular member of the city council and has all the powers and duties for the office of councilmember in addition to those of mayor. In a home rule charter city, the charter spells out the duties and responsibilities of the mayor. However, this chapter deals with mayors of statutory cities. Many mayors belong to the Minnesota Mayor's Association (MMA), which is affiliated with the League and has an annual conference on issues of interest to mayors. Information about the MMA is available from the League. 121 J0 CHAPTER 6 Minn. Stat. § 469.003, subd. 6. • Housing and redevelopment authority members; Minn. Stat. § 450 20. • City art commission members (in First Class cities); Minn. Stat. § 252.25. • Developmental achievement center board members; and, Minn. Star. § 268A,08. • Rehabilitation facility board members. Minn. Stat. § 412.02, subd. 2a. The mayor also fills vacancies in elective offices without council confirmation if the council, in filling the vacancy, casts a tie vote. Presiding officer at council meetings Minn. Stat. § 412.191, subd.1. An Optional Plan statutory city council is usually composed of five members consisting of the mayor and four councilmembers. In a Standard Plan city, the council consists of the mayor, the clerk and Minn. Stat. § 412.02, subd. 6. three councilmembers. A city may adopt a council size of seven following a council ordinance and voter approval at the next general city election. Minn. Stat. §-412.191, subd. 2. Roberts The mayor serves as presiding officer. Unless the council bylaws Rules of order. specifically deny authority, the mayor recognizes speakers for debate and motions, and rules on questions of council procedure. The power to rule on council procedure is especially significant because once rulings are made, they are binding on the council unless the council votes to challenge them. A statutory city mayor can vote on all motions put before the council, but does not have the right to veto council actions. The right of the mayor to make and second motions is implied from the mayor's privilege of voting and taking part in regular council deliberations. The mayor has an obligation to be impartial and objective in Minn. Stat. § 412.191, subs. 2. conducting the meeting. Mayors should not use their power to freely support their own convictions. Mayors may also call special meetings. Weed inspector Minn. Stat. § 18.80, subds. 2, 3. The mayor is the city weed inspector. The city may appoint one or more assistant weed inspectors. An assistant weed inspector has the same power, authority and responsibility of the mayor in the capacity of weed inspector. Minn. Stat. § 18.81. Local weed inspectors examine all lands, including highways, roads and alleys to determine if the landowner has complied with the rules regarding the eradication of noxious weeds. Weed inspectors also issue permits for the transportation of materials infested with noxious weed -propagating parts. A claim for the expenses of performing the weed inspector's duties is a legal charge against the city. 123 4 HANDBOOK FOR MINNESOTA CITIES Election duties Minn. Star. § 204C.07, subds. 3, 4. Mayors of all cities have election duties. At elections where cities will vote on a question, the mayor --upon receiving a written petition signed by at least 25 eligible voters --must appoint one voter for each precinct to act as a challenger of voters in the polling place. A challenger must be present in the polling place during voting hours and must remain until the votes are counted and the results declared. Challengers cannot attempt to influence voting in any manner. Minn. Stat. § 204C.31, subs. 1. Also, mayors from the most populous city in each county serve as members of the county canvassing board. Any member of the canvassing board may appoint a.designee to appear at a meeting of the board. Investigating fires Minn. Stat. § 299F.04. In cities without a fire department, the mayor must investigate, or have investigated, the cause, origin and circumstances of any fire where damages exceed $100. The. investigation must begin within two days of the fire. The mayor must report the fire to the state fire marshal, and within one week of the fire, furnish a written statement to the state fire marshall. Declaring local emergencies Minn. Stat. § 12.29, subs. 1. Only the mayor can declare a local emergency. A local emergency cannot last for more than three days except by or with the consent of the city council. A local emergency must receive prompt and general publicity. The clerk must file any order or proclamation declaring, continuing or terminating the emergency promptly. Minn. Stat. § 12.29, subds. 2, 3. A declaration of a local emergency invokes the response and recovery aspects of any local or interjurisdictional disaster plans, and may authorize aid and assistance. No interjurisdictional agency or official may declare a local emergency unless an agreement expressly authorizes it. An interjurisdictional disaster agency must provide aid and services in accordance with the agreement. City council and its powers It is the duty of the mayor, clerk and councilmembers to ensure that the city is properly exercising its functions, fulfilling its duties under the law, and not exercising powers that it does not legally possess. 124 Minneapolis City of Lakes Office of the City Attorney Jay M. Heffern City Attorney 333 South 7th Street - Suite 300 Minneapolis MN 55402-2453 Office 612 673.2010 Civil Division Fax 612 673-3362 Criminal Division Fax 612 673-2189 MCDA Fax 612 673-5112 TTY 612 673.2157 Mayor John Olson City of Albertville 5975 Main Ave. N.E. Albertville, MN 55301 Dear Mayor Olson, 'July 3, 2002 FYI I am investigating a civil case in the City of Minneapolis. This matter is of some great importance to the city, and one witness in particular is pivotal to this matter. Our contract legal document service failed in their attempts to locate and serve an individual in your community. A call to City Hall, and conversations with Bridgett and Terry, resulted in my obtaining an address, and directions to that location. A map was Fax'd to me, and enables us to serve the necessary documents. I, as well as this office, appreciate the effort Terry and Bridgett extended to me. Please make note of this and pass along my Thanks to them. Sincerely, r Roger A. Danielski, Investigator www.ci.minneapolis.mn.us Affirmative Action Employer