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2019-01-07 City Council Agenda Packetlbcrtvijj� Small living. flfg life. City of Albertville Council Agenda Monday, January 7, 2019 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance — Roll Call 3. Recognitions — Presentations — Introductions A. Oath of Office 4. Public Forum — (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the December 17, 2018 regular City Council meeting minutes as presented (pgs 4-8) B. Authorize the Monday, January 7, 2019 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 9) C. Approve Resolution 2019-001 designating officials, consulting firms, and depositories for 2019 (pgs 10-12) D. Approve an On -Sale 3.2% Malt Liquor License and On -Sale Wine License for Flying Pigs LLC DBA Prairie Run Cafe located at 5262 Kyler Avenue NE, Suite 111, contingent upon receipt of complete application materials, successful results of background checks, and compliance with all building and fire codes (pgs 13-16) E. Reduce Letter of Credit No. 162, held as security for the Hunters Lake development, to no less than $149,260 conditioned on any outstanding balances owed to the City being paid in full (pg 17) 7. Public Hearings — None 8. 11850 62nd Street NE Redevelopment Discussion (pgs 18-19) P:ACity Council\Council Agendas\2019 Agenda Packets\2019-01-07 City Council Agenda.docx Meeting Date: January 7, 2018 Agenda Page 1 City of Albertville Council Agenda Monday, January 7, 2019 Page 2 of 3 9. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) 2). 2019 Appointments to Boards and Committees (pgs 20-23) (Motion to Approve Resolution 2019-002 appointing City Council members to various boards and committees for 2019.) B. Legal 1). Charter Cable Franchise Agreement (pgs 24-62) (Motion to Approve Ordinance No. 2019-01 titled `An Ordinance Granting A Franchise To Cc Viii Operating, Llc DIBIA Charter Communications, To Construct, Operate, And Maintain A Cable Television System In The City Of Albertville, Minnesota; Setting Forth Conditions Accompanying The Grant Of The Franchise; Providing For Regulation And Use Of The System; And Prescribing Measures For The Violation Of Its Provisions " and Authorize Publication of Summary Ordinance.) 2). Cable Service Guidelines Ordinance Revisions (pgs 63-71) (Motion to Approve Ordinance No. 2019-02 titled "An Ordinance Amending Chapter 4 Of The Albertville City Code " and Authorize Publication of Summary Ordinance.) C. Fire — None D. Finance — None E. City Clerk — None F. Public Works/Engineering — None G. Planning/Zoning —None H. Building — None I. Administration 1). City Administrator's Update (pgs 72-90) 10. Announcements and/or Upcoming Meetings January 8 Planning Commission, 7:00 p.m. January 10 Fire Business/Relief Meeting, 8:00 p.m. January 14 STMA Ice Arena Board, 6:00 p.m. January 16 Fire Advisory Committee, 6:00 p.m. January 21 Martin Luther King, Jr. Day, City Offices Closed January 22 City Council, 7:00 p.m. January 28 Joint Powers Water Board, 6:00 p.m. P:ACity Council\Council Agendas\2019 Agenda Packets\2019-01-07 City Council Agenda.docx Meeting Date: January 7, 2019 Agenda Page 2 City of Albertville Council Agenda Monday, January 7, 2019 Page 3 of 3 Joint Governance Meeting, 6:30 p.m., Senior Center Parks Committee, 7:00 p.m. February 4 City Council, 7:00 p.m. February 11 STMA Ice Arena Board, 6:00 p.m. February 12 Planning Commission, 7:00 p.m. February 18 City Offices Closed, Presidents' Day February 19 City Council, 7:00 p.m. February 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. ANUARY Su M Tu W Th F Sa "1 2 3 4 5 6 cc 7 8 9 F1310 11 12 13 Ice 14 15 F 17 18 19 20 "21 cc22 23 24 25 26 27 PK28JP 29 30 31 11. Adjournment FEBRUARY Sua M Tu W Th F Sa 1 2 3 cc 5 6 7 8 9 10 Ice 11 13 14 15 16 17 " 18 cc 19 20 21 22 23 24 JP25PK 26 27 28 P:ACity Council\Council Agendas\2019 Agenda Packets\2019-01-07 City Council Agenda.docx Meeting Date: January 7, 2019 Agenda Page 3 Albertville Smog T— IMnq. eq CRy ui.. ALBERTVILLE CITY COUNCIL Monday, December 17, 2018 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:05 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Hudson, and Olson Absent: Council member Vetsch 7:00 PM Staff Present: City Administrator-PWD Adam Nafstad, City Planner Alan Brixius, City Attorney Mike Couri, Fire Chief Eric Bullen and City Clerk Kimberly Hodena Others Present: Sergeant Eric Kunkel, Deputy Ben Schaap, Sheriff Joe Hagerty, Commissioner Mike Potter 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Recognition of Council member Walter Hudson and Sheriff Joe Hagerty Hendrickson presented plaques to both Hudson and Hagerty and thanked them for their service to the community. 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Couri added Waiver of Contingencies on Wastewater Treatment Plant Discharge Line Easements as Item C1 under Legal. Nafstad added Set Public Hearing for I-94 Municipal Consent as Item I3 under Administration. Motioned by Olson, seconded by Cocking, to approve the Agenda as amended. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED CARRIED. Page 1 Agenda Page 4 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the December 3, 2018 Truth -in -Taxation meeting minutes as presented B. Approve the December 3, 2018 regular City Council meeting minutes as presented C. Authorize the Monday, December 17, 2018 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request D. Authorize the payment of all just claims received by December 31, 2018, which would be the year-end closeout of payments of claims E. Approve the updates to the 2018 Fire Department Standard Operating Procedures and Guidelines Motioned by Hudson, seconded by Cocking, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent. Vetsch. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Appoint Planning Commissioner Motioned by Cocking, seconded by Olson, to approve Resolution No. 2018-041 Appointing Walter Hudson to Planning Commission for 2019-2021. Ayes: Hendrickson, Cocking, and Olson. Nays: None. Abstain: Hudson. Absent: Vetsch. MOTIONDECLARED CARRIED. 2). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Hudson reported that at the last STMA Arena Board meeting,the Board discussed a number of items needed for the second sheet that were not included in the budget. These items included computers, furniture, concession equipment, etc. Cocking felt that it is not fair that the cities have to now fund these items because the project was not correctly budgeted. Council discussed how to keep track of the unfunded items and possible payback. Hudson stated that it will be some time before revenue is made and payback would be too far out. He felt that if the cities help contribute, it would be seen as a measure of good will. He also added that these items are necessary for operating the second sheet and are legitimate needs. Cocking said that if it is an issue today, it could also be an issue in the future and how they proceed now determines the tone of the future. He felt it must be figured out moving forward. Couri suggested not worrying about the smaller items because it could lead to bigger issues in the future. City Council Meeting Minutes Page 2 Regular Meeting of December 17, 2018 Agenda Page 5 B. Fire 1). Fire Service Area Boundary Revision Bullen reported on the new boundary lines. He stated that Rogers has already approved the new lines and it will be going to Elk River next. The new boundary lines will be effective January 1, 2019. He stated the lines were moved in order to have each neighborhood receive fire response from only one fire department. Motioned by Cocking, seconded by Olson, to authorize a revision to "Exhibit A" of the Fire Protection Agreement with the City of Otsego. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent. Vetsch. MOTIONDECLARED CARRIED. 2). Purchase of Turn Out Gear Dryer Bullen reported the Fire Department received a partial grant for the dryer, leaving $1,900.25 to be funded by the department. This is funded as part of capital reserves for the department. Motioned by Olson, seconded by Hudson, to authorize the purchase of a Turn -Out Gear Dryer for the Fire Department. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTIONDECLARED CARRIED. 3). Purchase of Battery Powered Extrication Equipment Bullen reported that with the purchase of the two new fire trucks, it is recommended that the Fire Department purchase battery powered extrication equipment for them rather than the traditional hydraulically powered equipment. This will be a significant cost savings to maintain and operate. By purchasing the equipment now rather than in 2019, the department saves approximately 18% of the cost. Motioned by Cocking, seconded by Hudson, to authorize the purchase of Battery Powered Extrication Equipment for the Fire Department. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTIONDECLARED CARRIED. C. Legal 1). Waiver of Contingencies on Waste Water Treatment Plant Discharge Line Easements Couri reported that these contingencies need to be waived as they are still several months out on obtaining the necessary government approvals from the MPCA and City of Otsego. These contingencies are part of two purchase agreements for necessary easements to lay the discharge line. Motioned by Hudson, seconded by Olson, to waive contingencies in wastewater discharge line easement purchase agreements requiring acquisition of necessary government approvals before acquiring the easements. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTIONDECLARED CARRIED. D. Planning/Zoning — None E. City Clerk — None City Council Meeting Minutes Page 3 Regular Meeting of December 17, 2018 Agenda Page 6 F. Public Works/Engineering — None G. Finance —None H. Building —None L Administration 1). Set Joint Governance Meeting Motioned by Olson, seconded by Cocking, to set a Joint Governance Meeting for January 28, 2019 at 6:30 p.m. at the Crow River Senior Center,11800 Town Center Drive NE, Suite 200, St. Michael. Ayes: Hendrickson, Cocking, Hudson, and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED CARRIED. 2). Set Public Hearing for I-94 Municipal Consent Motioned by Cocking, seconded by Olson, to set a public hearing for Tuesday, January 22, 2019, at 7.00 p.m., at Albertville City Hall, 5959 Main Avenue NE, to consider approval of municipal consent per MN Statute 161.164 for the I-94 Expansion Project between St. Michael and Albertville proposed by MnDot. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent. Vetsch. MOTIONDECLARED CARRIED. 3). City Administrator's Update Nafstad inquired if Council wanted to pursue legislative services with Stinson Leonard Street LLP for funding for the wastewater treatment plant improvements. Cocking felt they were told they have received the $2 million in funding and he doesn't see the need to pay for an objective that has been accomplished. However, he can also see how maintaining those relationships at the State and Federal levels is beneficial. He suggested lowering the annual fee of from $28,000 to $24,000. Olson agreed with that figure. Nafstad mentioned that it could also be beneficial as a new administration will be in place in 2019. Motioned by Cocking, seconded by Olson, to enter into an agreement with Stinson Leonard Street LLP for legislative services in 2019 for a total not to exceed $24,000. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED CARRIED. Nafstad thanked Hudson for his service on the Council. He stated how much he appreciated the perspective and deliberation that Hudson brought to the City Council. 9. Announcements and/or Upcoming Meetings December24 Christmas Eve, City Offices Close at Noon December 25 Christmas Day, City Offices Closed December 26 Joint Powers Water Board, TBD Parks Committee, CANCELLED January 1 New Year's Day, City Offices Closed January 7 City Council, 7:00 p.m. January 8 Planning Commission, 7:00 p.m. January 10 Fire Business/Relief Meeting, 8:00 p.m. City Council Meeting Minutes Page 4 Regular Meeting of December 17, 2018 Agenda Page 7 January 14 STMA Ice Arena Board, 6:00 p.m. January 16 Fire Advisory Committee, 6:00 p.m. January 21 Martin Luther King, Jr. Day, City Offices Closed January 22 City Council, 7:00 p.m. January 28 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. 10. MOVE TO CONSULTANT AND ADMINISTRATOR REVIEWS Motioned by Hendrickson, seconded by Olson, to move into Consultant and Administrator Reviews at 8:34 p.m. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED CARRIED. 11. ADJOURNMENT Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 10:30 p.m. Ayes: Hendrickson, Cocking, Hudson and Olson. Nays: None. Absent: Vetsch. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk City Council Meeting Minutes Page 5 Regular Meeting of December 17, 2018 Agenda Page 8 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. January 3, 2019 SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, January 7, 2019 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party deten-nines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) P:ACity Council\Council Packet Information\2019\010719\2019-01-07 Finance Bills Report (RCA).docx Meeting Date: January 7, 2019 da Page 9 A\1bertville Mayor and Council Request for Action Smolt LWing. Big Ufs. January 2, 2019 SUBJECT: CONSENT - CITY CLERK - 2019 OFFICIAL DESIGNATIONS AND APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2019-001 designating officials, consulting firms, and depositories for 2019. BACKGROUND: Each year, the City Council must designate City officials, the official newspaper for City legal publications, official depositories, and consultants to the City. These designations will be effective January 1, 2019. KEY ISSUES: • An Acting Mayor must be appointed in case of absence of the Mayor to conduct a City Council meeting. • All consultants have expressed interest to continue their service. • The North Crow River News has submitted a letter expressing their interest to remain the City's official newspaper. • Staff recommends the depositories stay the same as the previous year and would include: Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank UBS Financial Services, Inc. Wachovia Securities/Wells Fargo LEGAL ISSUES: The Mayor and City Council have the authority to review and approve designations. Responsible Person/Department: Kimberly Hodena, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2019-001 P:ACity Council\Council Packet Information\2019\010719\2019-01-07 Official Designations RCA.docx Meeting Date: January 7, 2019 10 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2019-001 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER, OFFICIAL DEPOSITORIES, AND CITY CONSULTANTS FOR 2019 WHEREAS, it has been the policy of the Albertville City Council to make annual designations and appointments at the beginning of each year, and; WHEREAS, the City Council of Albertville, Minnesota, establishes the following are appointed and designated for the year 2019: Acting Mayor: John Vetsch Animal Control: Monticello Animal Control Weed Inspector: Public Works Supervisor, Tim Guimont Bond Counsel: Briggs & Morgan Kennedy & Graven Building Official Paul Heins, City of St. Michael City Attorney: Couri & Ruppe, P.L.L.P. City Engineer: Adam Nafstad, P.E. City Planner: Northwest Associated Consultants Consulting Engineer: Bolton & Menk, Inc. Financial Advisor: Northland Securities Springsted, Inc. Official Newspaper: North Crow River News (Sun Media) Official Depositories: Dain Rauscher Financial Security Bank LMC 4M Fund Northland Securities, Inc. Premier Bank UBS Financial Services, Inc. Page I Agenda Page I I City of Albertville Resolution No. 2019-001 Meeting of January 7, 2019 Page 2 Wachovia Securities/Wells Fargo Tax Increment Consultants: Briggs & Morgan Kennedy & Graven NOW, THEREFORE, BE IT RESOLVED, that such appointments and designations shall take effect on January 1, 2019 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 7t" day of January, 2019 by the Albertville City Council. ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson, Mayor Agenda Page 12 010% %1.. Nbertville Small iaaun Living. Big Glky Ufa. Mayor and Council Request for Action January 3, 2019 SUBJECT: CONSENT - CITY CLERK— NEW LIQUOR LICENSE FOR FLYING PIGS LLC DBA PRAIRIE RUN CAFE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an On -Sale 3.2% Malt Liquor License and On -Sale Wine License for Flying Pigs LLC DBA Prairie Run Cafe located at 5262 Kyler Avenue NE, Suite 111, contingent upon receipt of complete application materials, successful results of background checks, and compliance with all building and fire codes. BACKGROUND: Prairie Run Cafe is under new ownership and the new owner is Frank Thalacker. The applicant has expressed interest in resuming liquor sales at the cafe and would like to serve strong beer and wine. Once the City approves the licenses, the licenses must be certified by the MN Alcohol and Gambling Enforcement Division (MN AGED). KEY ISSUES: • The applicants must still pay the fees for beer and wine licenses. • The applicants must have background checks completed and staff is waiting for those results from the MN BCA and Wright County Sheriff's Office. • There are no outstanding property taxes. • There are no current building/fire code issues, but the new owner will need to obtain a tenant occupancy permit. • The licenses will be contingent upon meeting the above conditions. • The applicants understand that liquor cannot be sold until their license is certified and received from MN AGED. POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council have the authority to either approve or deny any liquor license application. FINANCIAL CONSIDERATIONS: The fee for this license type is minimal. Responsible Person/Title: Kimberly A. Hodena, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD P:\City Council\Council Packet Information\2019\010719\2019-01-07 Prairie Run Liquor License.docx Meeting Date: January 7, 2018 13 Minnesota Department of Public Safety n. Alcohol and Gambling Enforcement Division �a F" 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol &•Gambling Enforcement APPLICATION FOR COUNTY/CITY ON -SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, LLC, a partner shall execute this application. To apply for MN sales Tax # call 651-296-6181 Workers compensation insurance company name �V— o Policy Number .90612/057-7- Licensee's MN sales and Use Tax ID 4 -.. M1 Sl(, s Licenderal Tax ID # -7' V.4 Applicants Name usiness, Partnerships, Corporation 44, :t LGG Busin ss Atfdress 526 2- d ve- Nam' lL city 6 Is this application If a transfer, give name of former owner ❑X New or a ❑ Transfer If a corporation, give name, title, address and date of birth of each officer. If a partner Paltner/Officer Name andtitip ArhIYoc� Name a Tr Name or DB r�4111-; a Business Phone v Applicant's Home Phone State Zierode County 41 License Period From To f; i 1 1) iip, LLC, give name, address and date of birth of each partner. DOB SSN Partner/Officer Name and title Address DOB SSN Partner/Officer Name and title Address DOB SSN CORPORATIONS Date 4inco ration Stateof incorporation Certificate Number Is corporation authorized to do business in a? ❑X Yes ❑ No Ifasf another corporation, give name and address of parent corporation I BUILDING AND RESTAURANT Name of building owned Owner's address Are property taxes delinquent Has the buildin owner any connection, direct Restaurant seating capa ity Hours f od will be available ❑ Yes 0 No or indirect with the applicant? ❑Yes ❑X No Number ofreemployees staurant employNumber of months per year restaurant is open Will food service be the principal business? ❑X Yes ❑ No Describet the premises io be licensed If the restaurant is in conjunction with another business (resort etc.), describe business op NO LICE E WILL BE APPROVED OR RELEASED UNTIL THE $20 RETAILER ID CARD FEE IS RECEIVED BY AGED 0 Yes o Has the applicant or associates been granted an on -sale malt liquor (3.2) and/or a "set-up" "�11�_ nr wnJunuwn wnn this wine licensee ❑X Yes No Is the applicant or any of the associates in this application a member of the county board or the city council, which will issue this license? If yes, in what capacity? (if the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application. ❑X Ye No During the past license year, has a summons been issued under the liquor civil liability (Dram Shop)(M.S. 340A.802). If Yes, attach copy of the summons. X❑ Ye o Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere. If so, give names, dates, violations and final outcome details. Page 1 of 2 Agenda Page 14 ❑X Yes XNo Does any person other than the applicants, have any right, title or interest in the furniture, fixtures or equipment in the licensed premises? If yes, give names and details. QX Yes Wo Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes, give name and address of establishment. CERTIFY THAT I HAVE READ THE ABOVE QUESTIONS AND THAT THE ANSWERS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Ap 'cant Date The licensee must have one of the following: Liquor liability insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. Attach "CERTIFICATE OF INSURANCE" to this form. C; A surety bond from a surety company with minimum coverage as specified above in. A certificate from the state treasurer that the licensee has deposited with the state, trust funds having a market value of $100,000 or $100,000 in cash or securities. I IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY QX Yes ❑ No I certify that to the best of my knowledge the applicants named above are eligible to be licensed. If no, state reason. Signature County Attorney County REPORT BY POLICE OR SHERIFF'S DEPA Date This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation of laws of the State of Minnesota, Municipal or County ordinances relating to intoxicating liquor, except as follows: Signature Department and Title Date IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST REGISTER WITH THE ALCOHOL, TOBACCO TAX AND TRADE BUREAU. FOR INFORMATION CALL 513-684-2979 OR 1-800-937-8864 A $30.00 service charge will be added to all dishonored checks You may also be subjected to a civil penalty of $100.00 or 100 % of the value of the check, whichever is greater, plus interest and attorney fees. Page 2 of 2 Agenda Page 15 t E) Alcohol8 Gambling fnforcemont Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 222, St. Paul, MN 55101-5133 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License 3.2% Liquor license or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale rnalt liquor licenses Naive of City or County Issuing Liquor License 1Qee4jtA 1 A_ License Period Frotn: To: Circle tE! ew License icense Transfer Suspension Revocation Cancel (former licensee name) (Give dates) License type: (circle all that apply) On Sale Intoxicating Sunday Liquor 2% On sa 3.2% Off Sale Fee(s): On Sale License fee:$ Sunday License fee: $ 3.2% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name: jrzo,, t &-r a c-, DOB Social Security # (Corp-ion,(1partnership, LLC, or Individual) / Business Trade Name ?41Y;lt AX i Business Address S2i�Z �C/ ale, Ne CitY7�%� dyj,](2 Zip CodeS5301 Countyri kl Business Phone Horne Phone Home Address4=00—m City AWr Licensee's MN Tax ID # S 6 Licensee's Federal Tax ID # D 3 `15w--7K (To Apply call 651-296-6181) (To apply call IRS 800-829-4933) 1 If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: Partner/Officer Name (First Middle Last) DOB Social Security # (Partner/Officer Name (First Middle Last) DOB Social Security # Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Home Address Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes No) During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: MT-R))) Policy # I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature Date (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7504, or visit our website at www.dns.state.mn.us. (Form 9011-12/09) Agenda Page 16 Nlbertville Mayor and Council Request for Action s„a T... wk.R- ft Lity ut- January 3, 2019 SUBJECT: CONSENT — HUNTERS LAKE- LETTER OF CREDIT REDUCTION NO. I RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: MOTION TO: Reduce Letter of Credit No. 162, held as security for the Hunters Lake development, to no less than $149,260 conditioned on any outstanding balances owed to the City being paid in full. BACKGROUND: Tony Dingman of Douglas Carlson Development has requested a reduction to the Letter of Credit held for the Hunters Lake Addition. The Letter of Credit is held as performance and warranty security for the site improvements and is currently in the amount of $388,800. Assuming the developer is current with all fees owed to the City and based on work completed to date, it is recommended that Letter of Credit No. 162 be reduced to no less than $149,200. The reduced balance is believed to be sufficient surety and is consistent with the development agreement. KEY ISSUES: • This reduction does not constitute acceptance of improvements. POLICY CONSIDERATIONS: It is City policy to have all Letter of Credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request LEGAL CONSIDERATIONS: The City has the legal authority under the development agreement to reduce the Letter of Credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Submitted Through: Adam Nafstad, City Administrator-PWD On File: LOC Reduction History 17 co cr) m V c A\1bertvijjc Mayor and Council Request for Action Smolt LWing. Big Ufs. January 3, 2019 SUBJECT: CITY COUNCIL— 2019 APPOINTMENTS TO BOARDS AND COMMITTEES RECOMMENDATION: It is respectfully requested that the Mayor and consider the following: MOTION TO: Approve Resolution 2019-002 appointing City Council members to various boards and committees for 2019. BACKGROUND: Each year, the City Council must make appointments to the City's various boards and committees. KEY ISSUES: • Alternates are appointed to the boards and committees to serve in the case of absence of the appointed Council member. • Staff appointments are also made to the boards and committees. • WCAT no longer exists. • I-94 Corridor Coalition has been added. • Parks Committee is also centennial planning for 2019. • Below is the historical frequency, day, and time the boards and committees generally meet (subject to change): Board/Committee Frequency Day/Week Thne Cable TV Board As Needed Emergency Management Director As Needed Economic Development Authority (EDA) As Needed Fire Advisory Committee — Albertville & lx/Qtr 1st or 2nd Wed. 6:00 p.m. Otsego Fire Relief Association Representatives lx/Qtr FYCC Ix/month 4th Thurs. 7:30 a.m. Joint Powers Water Board Ix/month 4th Mon. 6:00 p.m. Library As Needed Otsego Creek Authority As Needed Parks Committee Ix/month 4th Mon. 7:00 p.m. Personnel Committee 4x/year Planning Commission Ix/month 2nd Tues. 7:00 p.m. Emergency Management Committee As Needed Public Works Committee 2x/year STMA Ice Arena Board Ix/month 2nd Mon. 6:00 p.m. I-94 West Corridor Coalition lx/month 2nd Thurs. 1:00 P.M. P:ACity Council\Council Packet Information\2019\010719\2019-01-07 Appointments to Boards and Committees RCA.docx Meeting Date: January 7, 2019 20 Mayor and Council Communication — January 7, 2019 2019 Appointments to City Boards and Committees Page 2 of 2 LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to boards and committees of the City. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2019-002 P:ACity Council\Council Packet Information\2019\010719\2019-01-07 Appointments to Boards and Committees RCA.docx Meeting Date January 7, 2019 Agenda Page 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-002 A RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO BOARDS AND COMMITTEES FOR 2019 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments of City Council members to its various boards and committees at the beginning of each year, and; WHEREAS, the City Council establishes the following are appointed for the year 2019: Cable TV Board Jillian Hendrickson Emergency Management Director Fire Chief Economic Development Authority (EDA) Mayor and all Council members Emergency Management Committee Aaron Cocking Rob Olson Fire Chief Alternate — Rebecca Halling Fire Advisory Committee — Albertville & Otsego Aaron Cocking Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Fire Chief Aaron Cocking City Administrator FYCC Rob Olson Alternate — Rebecca Halling Joint Powers Water Board Jillian Hendrickson John Vetsch Alternate — Rob Olson Library Jillian Hendrickson Otsego Creek Authority John Vetsch Planning Commission Rep Page 1 Agenda Page 22 City of Albertville Resolution No. 2019-002 Meeting of January 7, 2019 Page 2 Parks Committee Personnel Committee Planning Commission Public Works Committee STMA Ice Arena Board I-94 West Corridor Coalition John Vetsch Alternate — Jillian Hendrickson Public Works Supervisor Jillian Hendrickson Rob Olson Rebecca Halling Alternate — Rob Olson Aaron Cocking John Vetsch Public Works Supervisor City Administrator John Vetsch Aaron Cocking Alternate — Jillian Hendrickson Arena Manager City Administrator Finance Director Jillian Hendrickson City Administrator NOW, THEREFORE, BE IT RESOLVED, that such appointments shall take effect on the date January 1, 2019 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 71" day of January 2019 by the Albertville City Council. ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson, Mayor Agenda Page 23 �lbcrtvillc S-1T..UW.9.ftCity Lft. Mayor and Council Request for Action January 3, 2019 SUBJECT: LEGAL - CHARTER CABLE FRANCHISE AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Ordinance No. 2019-01 titled "An Ordinance Granting A Franchise To Cc Viii Operating, Llc D/B/A Charter Communications, To Construct, Operate, And Maintain A Cable Television System In The City Of Albertville, Minnesota; Setting Forth Conditions Accompanying The Grant Of The Franchise; Providing For Regulation And Use Of The System; And Prescribing Measures For The Violation Of Its Provisions" and Authorize Publication of Summary Ordinance. BACKGROUND: Minnesota law requires cable TV operators to obtain a franchise from the local municipality in which it operates. Charter Communications operates a cable television network in Albertville under a franchise agreement from 2003 that has expired and needs to be renewed. The proposed franchise agreement/ordinance would authorize Charter to operate its cable system in Albertville for the next 15 years in substantially the same way it has for the past 15 years. KEY ISSUES: • The franchise grants Charter the ability to operate a cable system in Albertville and place its cables and other facilities in the City's rights of way. • The franchise imposes a 5% franchise fee on Charter's Gross Revenues generated from Albertville customers. • Charter will post a $10,000 bond to ensure that it honors its obligations under the franchise agreement. This would most likely come into play if Charter fails to properly restore the rights of way that it works in. • Charter will continue to provide one free cable connection to City Hall, the Fire Hall, the STMA Arena, the Park Depot, the FYCC Building, the STMA Primary School, and the STMA Primary School West. If Charter brings cable service within 150 feet of the City's Public Works Building or the Wastewater Treatment Plant, Charter will provide service to such building (it currently does not serve the area near the Wastewater Treatment Plant or Public Works). POLICY/PRACTICES CONSIDERATIONS: Minnesota Cities routinely grant franchise agreements to cable service providers. This agreement is modeled after a recent franchise agreement between the City of Faribault and Charter Communications, with changes specific to P:ACity Council\Council Packet Information\2019\010719\RCA for 2019 Charter Cable Franchise.docx Meeting Date: January 7, 2019 24 Mayor and Council Request for Action — January 7, 2019 CHARTER CABLE FRANCHISE AGREEMENT Page 2 of 2 Albertville's needs. The differences between this Charter Franchise and the prior Charter franchise agreement are minor and are expected to have no noticeable impacts upon Charter's service in the City. FINANCIAL CONSIDERATIONS: This franchise renewal will have no financial impact on the City as the 5% franchise fee will continue under this agreement in the same manner it has under the prior franchise agreement. LEGAL CONSIDERATIONS: Much of what is in this franchise is mandated by state law, with the remainder being issues negotiated between Charter's representatives and City Staff. The differences between this franchise and the prior one that it is replacing are minor and/or technical in nature. Department/Responsible Person: City Attorney/Mike Couri and City Finance Director/Tina Lannes. Submitted Through: Adam Nafstad, City Administrator. Attachments: Ordinance No. 2019-01 Summary of Ordinance 2019-01 P:ACity Council\Council Packet Information\2019\010719\RCA for 2019 Charter Cable Franchise.docx Meeting Date: January 7, 2019 25 CITY OF ALBERTVILLE COUNTY OF WRIGHT ORDINANCE NO.2019-01 AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING, LLC D/B/A CHARTER COMMUNICATIONS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF ALBERTVILLE, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING MEASURES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Albertville ordains: STATEMENT OF INTENT AND PURPOSE A. The City of Albertville, pursuant to applicable law, is authorized to grant one or more non-exclusive Franchises to construct, operate, maintain, and reconstruct Cable Television Systems within the Franchise Area. B. The City Council finds that the development of a Cable Television System has the potential of having great benefit and impact upon the residents of Albertville. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers vested in the City or its designees. It is the intent of this Franchise and subsequent amendments to provide for and specify the means to attain the best possible Cable Service for the public, and to grant CC VIII Operating, LLC d/b/a Charter Communications ("Grantee") a cable television Franchise pursuant to the terms and conditions of this Franchise. FINDING fi Upon review of the renewal request by Grantee, and as a result of a public hearing, the City Council makes the following findings: Grantee's technical ability, legal qualifications, and operation of the System are adequate; Agenda Page 26 City of Albertville Meeting of January 7, 2019 Ordinance No, 2019-01 Page 2 II. The Franchise complies with applicable federal and state law including but not limited to Minn. Stat. §238.01 et. seq., and; III. The Franchise is non-exclusive. SECTION 1. DEFINITIONS For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them by the Cable Communications Policy Act of 1984, as amended ("Cable Act") unless otherwise defined herein as may be amended from time to time by applicable law. "Herein," "hereof," and "herewith," refer to the entire Franchise. When not inconsistent with the context, words in the singular number include the plural number, and vice versa. The word "shall" is mandatory and not merely directory. The word "may" is directory and discretionary, not mandatory. 1.1 "Affiliate" Any Person controlling, controlled by or under common control of Grantee. 1.2 (intentionally omitted) 1.3 (intentionally omitted) 1.4 "Bona Fide Offer" A written offer to purchase the Cable System which has been accepted by Grantee subject to City's rights under this Franchise. 1.5 "Cable Act" The Cable Communications Policy Act of 1984, as amended and as may be further amended from time to time, codified at 47 U.S.C. § 521-611. 1.6 "Cable Service" 2 Agenda Page 27 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 3 (i) The one-way transmission to Subscribers of video programming or other programming service; and (ii) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 1.7 "Cable Television System," "Cable System or "System" A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Franchise Area, but such term does not include: A. A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; B. A facility that serves Subscribers without using any Public Rights - of -Way; C. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a Cable System to the extent, pursuant to applicable federal law, such facility whether on a common carrier basis or otherwise is used in the transmission of video programming directly to Subscribers; or D. A facility of any electric utility used solely for operating its electric utility system. 1.8 "Channel" A portion of the electromagnetic spectrum which is used in a Cable System and which is capable of delivering one (1) television channel. 1.9 "City" The City of Albertville, a municipal corporation in the State of Minnesota, acting by and through its City Council. 3 Agenda Page 28 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 4 1.10 "City Council" The City Council of Albertville, Minnesota. 1.11 "Class IV Channel" A signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. 1.12 "Complaint" Any written inquiry, allegation, or assertion made by any Person related to Cable Service subject to the jurisdiction of the City. 1.13 "Controlling Interest" Majority equity ownership of Grantee. 1.14 "Converter" An electronic device which converts signals to a frequency acceptable to a Subscriber's television receiver and by an appropriate selector permits a Subscriber to view Cable Service Channels. 1.15 "Drop" The cable that connects the ground block on a Subscriber's residence or business to the nearest distribution point of the System. 1.16 "Effective Date" The date described in section 13.2 herein. 1.17 "FCC" The Federal Communications Commission and its lawful agents and/or successor. 4 Agenda Page 29 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 5 1.18 "Franchise" This Franchise and the regulatory and contractual relationship established hereby. 1.19 "Franchise Area" The area within the corporate boundaries of the City as now constituted or may in the future be constituted. 1.20 "Franchise Fee" Any tax, fee, or assessment of any bind imposed by the City or other governmental entity on Grantee solely because of its status as such. The term "Franchise Fee" does not include: (i) any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or Subscribers); (ii) capital costs which are required by the Franchise to be incurred by Grantee for construction of PEG Access facilities; (iii) requirements or charges incidental to the award or enforcement hereof, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code. 1.21 "Grantee" CC VIII Operating, LLC d/b/a Charter Communications and its lawful successors, transferees, or assignees. 1.22 "Gross Revenues" Any revenue, as determined in accordance with generally accepted accounting principles ("GAAP"), received by Grantee or any Affiliate of Grantee from the operation of the Cable System to provide Cable Service in the Franchise Area, including but not limited to, the lowest cost level of Service monthly fees, pay cable fees, installation and reconnection fees, 5 Agenda Page 30 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 6 leased Channel fees, converter rentals, and advertising revenues. The term does not include: (i) any revenue derived from the delivery of data or other telecommunications services; or (ii) taxes on services furnished by Grantee and imposed directly upon any Subscriber or user by federal, state, or local law and collected by Grantee on behalf of such governmental unit; (iii) programming revenues of any Affiliate or third party whose programming is carried on the System where such revenues are paid to said Affiliate or third party by the Grantee and recovered by the Grantee through charges to Subscribers that are included in Gross Revenues; and (iv) revenues of any Affiliate or third party from the sale of merchandise, including subscriptions to periodicals, as a result of or due to advertising on the System, so long as all advertising and home shopping revenue received by the Grantee or its Affiliates are imputed to the Grantee and included in Gross Revenues. The term shall also not include fees for the sale, leasing or servicing of equipment and network capacity used solely for the provision of non -cable services (voice or data), tower rent, refunded deposits, bad debt, or taxes, fees, any PEG Fees or PEG Grants or assessments of general applicability assessed by a governmental authority provided, however, that franchise fees are included in "gross revenues" and are not such a tax, fee or assessment of general applicability. Discounts for Cable Services bundled or packaged with non -Cable Services shall be apportioned fairly to each service in accordance with GAAP.. 1.23 "Installation" The connection of the System from distribution point to the point of Subscriber connection, including Standard Installation and custom Installations. 1.24 "Lockout Device" An optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program or channel. 1.25 "Normal Business Hours" "Normal Business Hours" must include some evening hours at least one (1) night per week, or some weekend hours. Cable System Normal Business 6 Agenda Page 31 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 7 Hours as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). 1.26 "Normal Operating Conditions" Those service conditions which are within the reasonable control of Grantee. Conditions which are not within the reasonable control of Grantee include, but are not limited to, acts of God, natural disasters, civil emergencies, civil disturbances, power outages, acts of governmental or legislative bodies, the effect of which is to render Grantee's performance of its obligations under this Franchise illegal or commercially impractical, telephone network outages, severe or unusual weather conditions, and labor unrest or strikes. Conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay -per -view events, regular peak or seasonal demand periods, and maintenance or upgrade of the System. Normal Operating Conditions as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). 1.27 "Pay Television" The delivery over the System of pay -per -Channel or pay -per -program audio-visual signals to Subscribers for a fee or charge. 1.28 "PEG Access" Channel capacity designated, pursuant to the terms of applicable law and this Franchise, for non-commercial public, educational, or governmental use; and (ii) facilities and equipment necessary for the use of such Channel capacity in accordance with the terms of applicable law and this Franchise. 1.29 "Person" Any natural person, fine, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not. 1.30 "Rights -of -Way" 7 Agenda Page 32 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 8 The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, drive, way, or place, easement or right-of-way now or hereafter held by City or other land or waterway, dedicated or commonly used for utility purposes, including general or utility easements in which the City has the right and authority to authorize, regulate or permit the location of facilities other than those of the City. 1.31 "Service Interruption" The loss of picture or sound on one (1) or more Channels for at least twenty-four (24) consecutive hours. 1.32 "Standard Installation" Any residential Installation which can be completed using a Drop of one hundred twenty-five (125) feet or less. 1.33 "Subscriber" Any Person in the City lawfully subscribing to a Cable Service provided by the Grantee by means of or in connection with the Cable System. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Franchise Required It shall be unlawful for any Person to provide Cable Service or to construct, operate, or maintain a Cable System in the Franchise Area without a Franchise. 2.2 Grant of Non -Exclusive Franchise The City hereby grants to Grantee, on the terms and conditions contained herein, a non- exclusive Franchise to construct and operate a Cable System and offer Cable Service within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, operate, or retain in, on, over, under, upon, across, or along any Right -of -Way and all 8 Agenda Page 33 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 9 extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the maintenance and operation of the Cable System. Subject to the terms of Section 2.3 of this Agreement and Minn. Stat. § 238.08, subd. 1, as may be amended from time to time, the City may grant a similar use of Public Rights -of -Ways to any Person at any time. 2.3 Additional Providers. A. The Franchise granted herein shall be nonexclusive. B. The City acknowledges that, under Minn. Stat. §238.08, Subd. 1(b), it may only grant additional franchises to provide Cable Service within the City on terms and conditions no more favorable or less burdensome than those in this Franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. Additionally, and beyond the requirements of Minn. Stat. Section 238.08, the City agrees that Grantee's obligations under this Franchise with regard to complimentary services to public institutions, ROW access and responsibilities, penalties and security, sale or transfer of ownership, or any other material obligations shall not be more burdensome or less favorable than those imposed on any such competing provider. C. If any other provider of Cable Services is lawfully authorized after the Effective Date of this Franchise to provide such services using facilities located wholly or partly in the Rights -of -Way of the City, the City shall, within thirty (30) days of a written request from Grantee, modify this Franchise to ensure that the obligations imposed by Section 2.3. B. have been met. D. If the City fails to make modifications consistent with Section 2.3. B., Grantee shall have the right to initiate an action in the state or federal district court for breach of contract or other appropriate claims and seek any and all appropriate relief, including specific performance. 9 Agenda Page 34 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 10 E. Nothing in this Franchise shall impair the right of the City or Grantee to seek other remedies available under law. F. In the event City initiates the franchising process pursuant to Minn. Stat. §238.081, then the City shall notify Grantee in writing of (i) its intent to initiate the franchising process. G. Grantee shall have the right to terminate this Franchise and operate the Cable System under the terms and conditions established by applicable state or federal law to the extent provided in any future amendment to such law. 2.4 Compliance with Applicable Law. This Franchise is a contract and the terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the Cable System in City. The Grantee shall comply with the lawful, nondiscriminatory provisions of the City Code including any generally applicable requirements related to use of Rights -of -Way. Except as otherwise provided herein, this Franchise shall govern in the event of a conflict between the terms herein and the City Code. City reserves its rights to lawfully exercise all of its police powers or eminent domain powers and Grantee reserves all rights to challenge any such action as being beyond the City's lawful powers. Grantee's obligations herein shall at all times be subject to applicable law. 2.5 Franchise Term The term of this Franchise shall commence on the Effective Date given in Section 13.2, and expire on January 6, 2034 ("Term"). 2.6 Previous Franchises Upon acceptance by Grantee as provided herein, this Franchise shall supersede and replace all previous ordinances, amendments, or agreements granting a Franchise to Grantee or any predecessor cable operator to own, operate, and maintain a Cable System within the Franchise Area and any 10 Agenda Page 35 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 11 ordinances, resolutions, or portions of ordinances and resolutions in conflict with this Franchise. 2.7 Rules of Grantee The Grantee may promulgate such terms and conditions of service governing its business as may be reasonably necessary, provided, however, that any such terms and conditions shall fully comply with this Franchise and applicable law. 2.8 Territorial Area Involved This Franchise authorizes Service throughout the City. Grantee shall construct and maintain the Cable System in a commercially reasonable manner and shall not abandon any portion of the System except as provided in Section 9.5 herein. 2.9 Non -Standard Installations Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation at Grantee's published rate or charge, provided that Cable Service can be delivered over such connection in accordance with applicable FCC technical specifications. 2.10. Sales Procedures The Grantee may market door-to-door during reasonable hours in accordance with applicable City Code, ordinances and regulations. 2.11 Drops to Public Buildings A. Grantee shall provide the lowest cost level of Service to a single Drop, with one (1) Converter (if required to receive basic cable TV service) to one (1) outlet, free of charge, at each elementary and secondary school building that currently receives complimentary Cable Service as of the Effective Date of this Franchise, on the school's request on a voluntary basis for as long as Grantee 11 Agenda Page 36 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 12 participates in the industry supported Cable in the Classroom program. B. Grantee shall provide (or continue to provide, if Grantee is currently providing such service), free of charge, the lowest cost level of Service, including one (1) Converter (if necessary to receive basic cable TV service), to one (1) Drop at each of the public buildings listed in Appendix A hereto. SECTION 3. CONSTRUCTION STANDARDS 3.1 System Construction and Maintenance Requirements A. Grantee shall strictly adhere to any generally applicable, non- discriminatory City ordinance governing use of Rights -of -Way. B. Prior to any construction or maintenance of the System, Grantee shall obtain all necessary permits from the City and strictly adhere to all applicable laws. C. Consistent with any generally applicable, non-discriminatory City ordinance governing use of Rights -of -Way, no poles, conduits, or other wire holding structures shall be erected or installed by Grantee on or along any Rights -of -Way without prior written approval from the City. D. Nothing contained in this Franchise shall be construed to give Grantee the authority to enter upon private property in areas not encumbered with compatible use easements; without the permission of the property owner. E. In those areas where telephone and electric service facilities are constructed or relocated underground, Grantee shall place and maintain the System underground in accordance with any generally applicable law. Certain of Grantee's equipment such as pedestals, amplifiers, power supplies, or similar equipment normally placed above -ground may remain above -ground provided that such 12 Agenda Page 37 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 13 equipment shall be fully enclosed or of a design, size and location so as not to be unsightly or unsafe. F. In event Grantee must relocate its Cable System to accommodate any public or private project, such relocation, including responsibility for relocation costs, shall be completed in accordance with the Rights -of -Way ordinance. 3.2 Use of Rights -of -Way; Repair of Rights -of -Way and Property A. Any public or private property disturbed or damaged by Grantee or its agents during construction, reconstruction, operation or maintenance of the System shall be promptly restored in accordance with the generally applicable provisions of the City's Rights -of -Way Ordinance. Restoration of Rights -of -Way and City property shall be approved by the City in accordance with the City's Rights -of -Way ordinance. The City may complete restoration, as necessary, in accordance with the Rights -of -Way ordinance. B. Grantee shall furnish strand maps regarding the Cable System in accordance with the Rights -of -Way ordinance. C. Grantee shall have the authority to trim any trees upon and overhanging Rights -of -Way to prevent tree branches from coming into contact with the System. D. Nothing contained herein shall relieve any Person from liability arising out of its failure to exercise reasonable care to avoid injuring Grantee's facilities. 3.3 Residential Developments In cases where property is being subdivided for residential development, and utilities will be constructed underground in such development, the City will endeavor to require the developer to give notice to the Grantee at least thirty (30) days prior to the opening of any trench in such development for utility installation so that Grantee may seek to coordinate installation of the Cable System with other utilities. 13 Agenda Page 38 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 14 3.4 Safety Requirements Grantee shall employ ordinary and reasonable care in the operation and maintenance of the System, and shall maintain the Cable System in good condition, order and repair, and shall use accepted methods in accordance with industry standards to prevent damage, injury, or nuisance to the public. Grantee shall install and maintain its Cable System in substantial compliance with the requirements of the National Electric Safety Code (NESC) and generally law. SECTION 4. DESIGN PROVISIONS 4.1 System Design Grantee currently operates and maintains a 750 MHz hybrid fiber -coax Cable System providing at least one hundred ten (110) programmed video Channels. 4.2 Technical Standards Grantee shall operate the Cable System in compliance with the FCC's technical standards in 47 C.F.R. §§ 76.601 to 76.630, as amended from time to time, which are expressly incorporated herein by reference. 4.3 Special Testing The City may require special testing of the Cable System if it is the subject of alleged non-compliance herewith, unresolved complaints, or unresolved controversy. The tests shall be limited to the particular non-compliance, controversy, or complaint, and shall be scheduled to minimize hardship or inconvenience to Grantee and Subscribers. Grantee shall be given notice of the problem and shall meet with the City to discuss the problem. If Grantee has not corrected the problem within thirty (30) days of its receipt of such notice or presented evidence that no such problem exists, the City may cause the tests to be conducted by a qualified engineer mutually -selected by the City and Grantee based on a mutually agreed upon scope of work. The City shall bear the reasonable costs if the testing demonstrates that the 14 Agenda Page 39 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 15 System is in compliance with the FCC technical performance standards set forth in this Franchise, and Grantee shall bear the reasonable costs if the testing demonstrates that the System is not in compliance with the FCC technical performance standards set forth in this Franchise. SECTION 5. SERVICE PROVISIONS 5.1 Programming Decisions Programming decisions are within the sole discretion of Grantee subject to applicable federal law, as may be amended from time to time. Grantee shall provide notice to the City and Subscribers regarding any programming or Channel changes in accordance with applicable law. Grantee shall make available at least the broad categories of programming set forth in Appendix B attached hereto. 5.2 Regulation of Rates A. The City may regulate rates for the provision of Cable Service and related equipment to the extent allowed under federal and state law. B. A list of Subscriber rates and charges shall be maintained on file with the City, or available online on Grantee's website. 5.3 Sales Procedures Grantee shall not use deceptive sales practices. 5.4 Cable Customer Service Standards A. Grantee shall comply with the FCC's customer service standards (47 CFR § 76.309) as may be modified by the requirements in this Section 5.4. In the event of a conflict between the provisions and any future amendments to the FCC's customer service standards, the FCC's customer service standards shall control. 15 Agenda Page 40 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 16 B. Grantee shall maintain a toll -free or collect call telephone access line which shall be available to respond to Subscriber telephone inquiries twenty-four (24) hours per day, seven (7) days per week. Grantee shall maintain a repair service with trained technicians and Grantee shall respond to Subscriber Complaints or requests for service within twenty-four (24) hours after receipt of a Complaint or request. After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. C. Under Normal Operating Conditions, a Subscriber shall receive a busy signal less than three percent (3%) of the time, and telephone answer time by a Subscriber service representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less then ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. D. The Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. 5.5 Installations. Outages, and Service Calls Under Normal Operating Conditions, each of the following standards shall be met no less than ninety-five percent (95%) of the time, measured on a quarterly basis: A. Standard Installations shall be performed within seven (7) business days after an order has been placed. B. Grantee shall begin working on Service Interruptions promptly, and in no event later than twenty-four (24) hours after the Service Interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification of the problem. 16 Agenda Page 41 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 17 C. At a Subscriber's request, the "appointment window" alternatives for Installations and service calls shall be within a four (4)-hour time block during Normal Business Hours. (Grantee may schedule service calls and Installations outside of Normal Business Hours for the express convenience of the Subscriber.) D. Grantee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the appointment. E. If Grantee's representative is running late for a Subscriber appointment and will not be able to keep the appointment as scheduled, the Subscriber shall be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the Subscriber. 5.6 Communication Between Grantee and Subscribers A. Grantee shall provide written information on each of the following topics at the time of Installation, at least annually to all Subscribers, and at any time upon request: i. Products and services offered; ii. Prices and options for programming services and conditions of subscription to programming and other services; iii. Installation and service maintenance policies; iv. Instructions on how to use the Cable Service; V. Channel positions for programming carried on the System; and vi. Billing and complaint procedures, including the address and telephone number of the City's cable office. 17 Agenda Page 42 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 18 B. Grantee shall notify the City and Subscribers of any changes in rates, programming services, or Channel positions in accordance with applicable law. 5.7 Billing Consistent with 47 CFR § 76.1619, bills shall be clear, concise, and understandable; shall be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges; and shall clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, Grantee must respond to a Subscriber's Complaint within thirty (30) days. 5.8 Refunds Refund checks shall be issued promptly, but no later than either: A. The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or B. If service is terminated, thirty (30) days following the return of the equipment supplied by Grantee. 5.9 Credits Credits for service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.10 Service Calls Upon request, Grantee shall provide the City with a summary of service calls, identifying the number, general nature and disposition of such calls. This summary shall be submitted to the City within thirty (30) days of its request. Service call records shall be maintained by the Grantee for a period of three (3) years. . 5.11 Subscriber Contracts 18 Agenda Page 43 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 19 Grantee shall file with the City a copy of any Subscriber contract utilized, or shall maintain a current version of any such contract on its website. If no written contract exists, Grantee shall file with the City a document completely and concisely stating the terms of the residential Subscriber contract offered to Subscribers, including the length of the Subscriber contract. 5.12 Emergency Alert System Grantee shall provide emergency alert override capabilities in a manner consistent with the FCC's emergency alert system (`EAS') rules and consistent with any applicable state and regional EAS plans adopted in response thereto. 5.13 Additional Customer Service Requirements The City may enact and enforce additional consumer protection laws or requirements to the extent not specifically preempted by applicable law. SECTION 6. PEG ACCESS PROVISIONS [Omitted] SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 7.1 Franchise Fee A. The City agrees to impose identical Franchise Fee obligations (including but not limited to the Franchise Fee percentage and the Gross Revenue definition on which the Franchise Fee is paid) on all competing providers of Service in the City. To the extent City fails to do so, Grantee shall have the right to pursue Franchise modification pursuant to Section 2.3 herein. If City and Grantee fail to agree on modifications pursuant to the process established in Section 2.3.C., Grantee shall have the right to eliminate or reduce any Franchise Fee obligations to an amount equivalent to that imposed on a competing provider to make Grantee's Franchise Fee 19 Agenda Page 44 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 20 financial obligations equivalent to that imposed on a competing provider. B. Grantee shall pay to City a Franchise Fee equal to five percent (5%) of its Gross Revenues, within sixty (60) days of the end of each calendar quarter. Payments shall be accompanied by a completed Franchise Fee calculation worksheet in substantially the form attached hereto as Appendix C, and shall be subject to audit and recomputation by the City. Acceptance of any payment shall not be construed as an accord by the City that the amount paid is in fact the correct amount. C. Grantee shall pay interest on overdue Franchise Fee payments, and on payments to correct underpayment of Franchise Fees, in addition to the compensation due at an annual rate equal to the prime lending rate plus one and one-half percent (1-1/2%) computed from the due date until the date of payment. 7.2 Open Books and Records Subject to the privacy provisions of the Cable Act, the City, at its sole cost and expense, may upon thirty (30)days prior written notice inspect all non- proprietary and non -confidential records, maps, accounting and financial statements, Complaint logs, performance test results, or similar materials reasonably necessary to monitor compliance with the terms hereof. 7.3 Additional Reports Grantee shall submit to the City, within thirty (30) days of a written request, copies of reports and documents filed with the FCC, including any tests of System performance, to the extent permitted by Applicable Law. Grantee shall file with the City, within thirty (30) days of a written request, such additional reports pertaining to the System only with respect to the System's operation, affairs, transactions, or property, as are mutually agreed upon and reasonably necessary for the administration and enforcement hereof. Upon request, Grantee shall file with the City an annual report which shall include a summary of the nature and number of 20 Agenda Page 45 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 21 Subscriber Complaints received by the City and forwarded to Grantee for resolution and the resolution of such Complaints. 7.4 Periodic Evaluation A. The City may require evaluation sessions no more frequently than three times during the term of the Franchise. Topics at an evaluation session may include Channel capacity, System technical performance, programming, access, municipal uses of cable, Complaints, judicial rulings, FCC rulings, and other topics deemed relevant by City or Grantee. B. During an evaluation session, Grantee shall cooperate with the City and shall provide, without cost to the City, such information and documents as the City may reasonably request and which are not proprietary in nature. C. As a result of an evaluation session held pursuant to this section, the City and Grantee may mutually determine that a change in the terms hereof is appropriate, that the System or Franchise requirements should be updated or changed, and/or that additional services should be provided. 7.5 Administration of Franchise Subject to applicable federal and state law, the City shall have continuing regulatory jurisdiction and supervision over the System and Grantee's operation thereof. The City Administrator shall be responsible for administering the Franchise and monitoring Grantee's compliance with its terms and conditions; provided however that the Council retains sole enforcement authority hereunder. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.1 Performance Bond Within thirty (30) days of Grantee's execution of this Franchise Grantee shall provide Grantor with a Ten Thousand and No/100 ($10,000) performance bond in a form and 21 Agenda Page 46 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 22 with such sureties as are mutually acceptable to the Parties. The performance bond shall ensure compliance with the Franchise. 8.2 Performance Bond as Remedy A. In the event this Franchise is canceled by reason of default of the Grantee or revoked, the City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by the City pursuant to said default or revocation. B. The rights reserved to the City with respect to the performance bond are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to the performance bond shall affect any other right the City may have. 8.3 Waiver At any time during the term of Franchise, the City may waive the requirements set forth in Section 8.1 and/or 8.2 of this Franchise. 8.5 Liquidated Damages. Upon discovery of a material violation of this Franchise, the City shall notify Grantee thereof in writing pursuant to Section 12.15 herein, and Grantee shall have the opportunity to cure or dispute the violation as provided in Section 9.2 herein. 8.6 Indemnification of the City. A. Except as otherwise provided herein, Grantee shall indemnify, defend and hold harmless the City and all its officers, employees, agents, and representatives for all damages and penalties resulting from the actions and omissions of Grantee, its officers, employees, or agents, and subcontractors of Grantee and said subcontractor's officers, employees, or agents, except with respect to any claim caused by or arising from, in whole or in part, the acts or omissions 22 Agenda Page 47 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 23 of the City, its officers, boards, commissions, agents, and employees. These damages and penalties shall include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, errors and omissions, theft, fire, and all other damages arising out of the construction, operation, maintenance, or reconstruction of the System authorized herein caused by the Grantee whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. Nothing in this provision shall exculpate the City's malfeasance, negligence, or violation of law. B. In order for City to be indemnified, defended and held harmless, City must promptly notify Grantee of any claim or legal proceeding subject to indemnification and defense, fully cooperate in Grantee's defense of such claim or proceeding, and afford Grantee the opportunity to participate in any compromise, settlement, or other disposition of any such claim or proceeding. 8.7 Liability Insurance. A. Throughout the term of this Franchise, Grantee shall maintain a policy of liability insurance covering Grantee and the City, its officers, directors, boards, commissions, elected officials and employees with regard to all damages mentioned in section 8.6(A), in the minimum amounts of: Commercial General Liability for Bodily Injury, Death and Property Damage in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate of which limits may be satisfied by an Umbrella Liability Policy. An umbrella policy in the amount of One Million Dollars ($1,000,000) per occurrence. B. Grantee shall provide a certificate of insurance evidencing any required Worker's Compensation insurance coverage. 23 Agenda Page 48 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 24 C. Upon the effective date of this Franchise, Grantee shall furnish to the City certificates of insurance evidencing the required coverage. D. The City shall be additionally insured and Grantee's carrier will endeavor to provide prior notice of cancellation. Cancellation notice will be provided for any reason other than non-payment of premium and material alteration and requires the City to provide the Grantee a valid contact name and e-mail address (with any changes to the contact name or e-mail address being the responsibility of the City). SECTION 9. REVOCATION OR TRANSFER OF FRANCHISE 9.1 Notice of Violation If the City believes Grantee is not in compliance with the material terms hereof, it shall notify Grantee in writing of the nature of the perceived default. 9.2 Grantee's Right to Cure or Respond Grantee shall have thirty (30) days from receipt of such notice to: A. Respond to the City contesting the assertion of default. Such notice shall specify with particularity the matters disputed by Grantee and shall toll as provided in the running of the cure period and the accrual of liquidated damages provided herein until completion of a hearing required by Section 9.3 herein; B. Cure such default, or; C. Initiate reasonable steps to remedy such default and notify the City of such steps and the projected completion date. 9.3 Public Hearing; Liquidated Damages If Grantee contests the violation, the City shall schedule a public hearing to evaluate the disputed violation within six (6) months of the Grantee's response contesting the violation. The City shall give Grantee at least 24 Agenda Page 49 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 25 twenty (20) days' written notice of the time and place of the hearing, and shall give Grantee an opportunity to be heard. At the conclusion of the hearing, the City shall determine if Grantee has violated the Franchise. Such determination shall be in writing. A. If the City finds a material, uncorrected violation, the City may impose liquidated damages in the maximum amount of Two Hundred Dollars ($200) for each violation. Liquidated damages may not exceed $10,000 in a calendar year. B. In the event the City finds that no material violation occurred or that Grantee has corrected the violation, no liquidated damages shall be imposed. 9.4 Revocation If the City wishes to consider revocation of the Franchise at the hearing pursuant to Section 9.3, the City shall provide specific written notice of its intent to revoke the Franchise on the basis of one or more instances of substantial noncompliance with a material provision of the Franchise which Grantee has failed to cure. The notice shall set forth the exact nature of the noncompliance. The City shall ensure that the hearing afforded in accordance with Section 9.3 herein is recorded such that either party may prepare a transcript as desired. The City shall further give Grantee the opportunity to present evidence and question and cross-examine witnesses. If the City determines that Grantee is in default of any material provision of this Franchise, the City may revoke the Franchise. The Grantee may appeal such determination to any court of competent jurisdiction, and may continue to operate the Cable System until all legal appeals procedures have been exhausted. 9.5 Abandonment of System A. Grantee may not abandon the System or any portion thereof except on three (3) months' written notice to the City. The Grantee shall be liable to the City for the full amount of any damages or losses incurred by the City as result of abandonment. 25 Agenda Page 50 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 26 B. Except for force majeure events, or unless permission to abandon the System is granted by the City, or unless otherwise provided herein, City may provide written notice requiring Grantee to remove all or any portion of the System from all Rights of Way in City associated solely with the provision of Cable Service within two (2) years of receipt of written notice; provided, however, that if Grantee is providing services other than Cable Services or pursuant to Minnesota Statutes, Section 237.01 et seq., City shall not require the removal of the System. In removing its facilities, Grantee shall not materially interfere with any utility wires, poles, or attachments. The City may inspect and approve the condition of the Rights -of - Way, cables, wires, attachments, and poles prior to and after removal. The liability, indemnity, security fund, and insurance provisions hereof shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this section. C. If Grantee discontinues its use of any property of Grantee in the Franchise Area for a continuous period of twelve (12) months, it shall be deemed to have abandoned such property. 9.6 Removal After Revocation or Termination A. Subject to applicable federal, state, and local law, upon revocation of the Franchise or abandonment of the System, the City may require Grantee to remove, at Grantee's expense, any portion of the System from the Rights -of -Way. The provisions of Section 9.5(B) shall apply to such removal. B. Subject to applicable law, if Grantee has failed to commence removal of the System, or such part thereof as was designated by the City within two (2) years of the City's demand for removal, the City may: i. Declare all right, title, and interest to the System to be in the City or its designee with all rights of ownership including, but not limited to, the right to operate or transfer the System; or 26 Agenda Page 51 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 27 ii. Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at Grantee's cost. The reasonable cost of said removal shall be recoverable from the security fund and indemnity provisions of this Franchise or from Grantee directly. C. Nothing herein shall be deemed to require Grantee to remove any portion of the System which is used to provide services other than Cable Service. 9.7 City's Right to Purchase System The City shall have a right of first refusal of any Bona Fide Offer to Grantee to purchase the System. Within sixty (60) days of the City's receipt of a copy of a Bona Fide Offer, it shall notify Grantee of its decision whether to purchase the System from Grantee on the terms and conditions of the Bona Fide Offer. 9.8 Sale or Transfer of Franchise A. If the City does not exercise its right of first refusal to purchase the System pursuant to 9.7, Grantee nevertheless shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale; or by ordinary sale, consolidation, or otherwise, this Franchise or the Cable System or any of the rights or privileges under the Franchise, without the prior consent of the City Council which consent shall not be unreasonably denied, conditioned, or delayed and may be denied only upon a good faith finding by the City that the proposed transferee lacks the legal, technical or financial qualifications to perform its obligations under this Franchise. No consent shall be required for sales of property or equipment in the ordinary course of business or for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a transfer to an entity controlling, controlled by, or under common control with Grantee. 27 Agenda Page 52 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 28 B. Except as specifically excluded in section 9.8(A), the following events shall be deemed a sale, assignment, or other transfer of the Franchise or Cable System requiring the City's consent: (i) the sale, assignment, or other transfer of all or a majority of Grantee's assets; (ii) the sale, assignment, or other transfer of capital stock or partnership, membership, or other equity interests in Grantee by one (1) or more of its existing shareholders, partners, members, or other equity owners so as to create a new Controlling Interest in Grantee; (111) the issuance of additional capital stock or partnership, membership, or other equity interest by Grantee so as to create a new Controlling Interest in Grantee; and (iv) the entry by Grantee into an agreement with respect to the management or operation of Grantee or the System, by a party other than Grantee. C. In the case of any sale or transfer of ownership of the Franchise or Cable System, the City shall have one hundred twenty (120) days to act upon any request for approval of such sale or transfer, including the consideration of any information required by FCC regulations and the financial information necessary to determine whether the proposed transferee has the financial ability to operate the System in compliance with this Franchise. The City shall also comply with applicable state and federal law. If Grantee fails to provide the City with all required information, the City may extend the one hundred twenty (120)-day review in accordance with federal law. If the City fails to render a final decision on the request within one hundred twenty (120) days of receipt of a transfer application, or within such additional time as may be provided by federal law, the request shall be deemed granted unless Grantee and the City agree otherwise. D. Any financial institution having a pledge of Grantee's assets for the advancement of money for the construction of facilities or the operation of the Franchise may, upon Grantee's default in its financial obligations, notify the City that it or its designee acceptable to the City will take control of and operate the System. The financial institution may petition the City for consent to transfer the Franchise to another cable operator. SECTION 10. PROTECTION OF INDIVIDUAL RIGHTS 28 Agenda Page 53 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 29 10.1 Discriminatory Practices Prohibited Grantee shall comply with all applicable laws relating to nondiscrimination. Access to Cable Service shall not be denied to any group of potential residential Subscribers because of the income of the residents of the area in which such group resides. 10.2 Subscriber Privacy A. No signals may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber unless done so in connection with an attempt to detect unauthorized reception of service. The request for such permission shall be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. No penalty shall apply to a Subscriber's revocation' of or failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. B. Grantee will comply with all federal, state, and local laws regarding privacy rights of Subscribers. C. Written permission from the Subscriber shall not be required for System -wide or individually addressed electronic sweeps for the purpose of verifying System integrity, monitoring, billing, or collection information, or in connection with efforts to detect unauthorized reception of service. SECTION 11. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 11.1 Unauthorized Connections or Modifications Prohibited Without the express consent of Grantee, it shall be unlawful for any Person, with the exception of law enforcement, to make or possess, or assist another Person in making or possessing, any connection, extension, or division, 29 Agenda Page 54 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 30 whether physically, acoustically, inductively, electronically, or otherwise, with or to any segment of the System. 11.2 Removal or Destruction Prohibited It shall be unlawful for any Person to willfully interfere, tamper with, remove, obstruct, or damage any part or segment of the System for any purpose whatsoever. Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while performing work connected with grading, regrading, or changing the line of a street or public place or with the construction or reconstruction of a sewer or water system, provided, however, that Grantee's facilities have been installed in accordance with the City's Right of Way Ordinance. The City may, but shall not be obligated to, prosecute any violation of this Section 11.2. 11.3 Penalty In addition to any other penalties provided for under federal and state law, any Person found guilty of violating this section shall, upon conviction thereof, be punished by a fine, not to exceed five hundred dollars ($500) or be imprisoned in jail for not more than three (3) months, or both. Each day of such violation constitutes a separate offense. SECTION 12. MISCELLANEOUS PROVISIONS 12.1 Franchise Renewal Any renewal of this Franchise shall be in accordance with applicable laws. 12.2 Work Performed by Others The provisions of this Franchise shall apply to any subcontractor or others performing work or services pursuant hereto. Grantee shall provide the City with the name and address of any Person, other than Grantee, which performs substantial services for Grantee pursuant to this Franchise. 12.3 Amendment of Franchise 30 Agenda Page 55 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 31 Grantee and the City may agree in writing to amend this Franchise following an evaluation and review session or at any other time if the City and Grantee agree that such an amendment will be in the public interest or if required due to changes in law. Any amendments hereto must be approved by the City Council. 12.4 Compliance with Federal, State, and Local Laws The City and Grantee shall conform to applicable federal laws and regulations as they become effective. The City and Grantee shall comply with applicable state laws and rules not later than one (1) year after such laws or rules become effective, unless otherwise stated. If any term, condition, or provision of this Franchise or the application thereof to any Person or circumstance shall be held to be invalid or unenforceable to any extent, the remainder hereof and the application of such term, condition, or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all terms, provisions, and conditions hereof shall, in all other respects, continue to be effective so long as the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. If the law, rule, or regulation causing the invalidity or unenforceability is subsequently repealed, rescinded, amended, or otherwise changed so that the provision which had been held invalid or unenforceable is no longer in conflict therewith, the previously invalid provision shall thereupon return to full force and effect and be binding on Grantee and the City. 12.5 Nonenforcement by the City Grantee shall not be relieved of its obligations to comply with the provisions of this Franchise by reason of any failure or delay of the City to enforce prompt compliance. Any waiver by the City of a breach or violation of any provision of this Franchise shall not operate or be construed as a waiver of any subsequent breach or violation. 12.6 Rights Cumulative 31 Agenda Page 56 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 32 Except as otherwise provided in this Franchise, all rights and remedies given to the City by this Franchise shall be in addition to and cumulative of all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but every right and remedy may be exercised from time to time and as often and in such order as may be deemed expedient by the City, and the exercise of one (1) or more rights or remedies shall not be deemed a waiver of any other right or remedy. 12.8 Continuity of Service Mandatory Upon expiration or the lawful termination of this Franchise, the City may request and Grantee may agree to continue to operate the System for not more than six (6) months after such termination. Upon such agreement, Grantee shall operate the System under the terms and conditions of this Franchise; provided, however, that neither party shall be deemed to waive any rights as a result of such continued operation. Subject to applicable law, in the event Grantee does not so operate the System, the City may take such steps as it deems necessary to assure continued service to Subscribers. 12.9 Force Majeure In the event the performance of any obligation under this Franchise is prevented or impaired due to any cause not reasonably foreseeable or that is beyond the reasonable control of either party to this Franchise, such inability to perform shall be excused by the other party and shall not constitute a violation of any provision of this Franchise. Such causes shall include, but not be limited to, those listed in the definition of Normal Operating Conditions as set forth in section 1.24 as beyond the control of Grantee. 12.10 Captions The captions to sections throughout this Franchise are intended solely to facilitate reading and reference and shall not affect the meaning or interpretation of this Franchise. 32 Agenda Page 57 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 33 12.11 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to act nor shall act in any manner toward any Person which would indicate any such relationship. 12.12 Entire Agreement This Franchise and all attachments represent the entire understanding and agreement between the City and Grantee and supersede all prior franchises and agreements between them. Unless otherwise expressly provided herein, this Franchise and the attachments hereto may be modified only by an amendment adopted in accordance with section 12.3. 12.13 Interpretation This Franchise shall be construed and enforced in accordance with the substantive laws of the state of Minnesota. 12.14 Calculation of Time Where a period of time for the performance of any act, duty, matter, or payment required hereunder is prescribed herein, the time shall be computed so as to exclude the first day and include the last day of the prescribed period. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. 12.15 Written Notice All written notices, reports, or demands required hereunder shall be deemed given when delivered personally or upon receipt, after being deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: 33 Agenda Page 58 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 34 If to City: City Administrator City of Albertville 5959 Main Avenue If to Company: PO Box 9 Albertville, MN 55301 Charter Communications 16900 Cedar Avenue S Rosemount, MN 55068 Attn: Senior Manager, Government Affairs With copy to: Charter Communications 601 Massachusetts Ave NW, Suite 40OW Washington, D.C. 20001Attn: Vice President, Local Government Affairs and Franchising Such addresses may be changed by either party upon notice to the other party given as provided in this section. 12.16 Severability If any provision herein is, for any reason, held invalid or unenforceable by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not invalidate the remaining provisions of this Franchise. SECTION 13. PUBLICATION; ACCEPTANCE; EFFECTIVE DATE 13.1 Publication This Franchise shall be published in accordance with applicable Minnesota law. 13.2 Acceptance 34 Agenda Page 59 City of Albertville Meeting of January 7, 2019 Ordinance No. 2019-01 Page 35 Grantee shall accept this Franchise by properly executing and acknowledging it, and delivering it to the City with any required insurance certificates not previously delivered within sixty (60) days of its enactment by the City Council, unless the time for acceptance is extended by the City. Such acceptance by Grantee shall be deemed the date of the grant of this Franchise for all purposes ("Effective Date"). Upon such acceptance, Grantee shall be bound by the terms and conditions contained herein. If Grantee does not accept this Franchise, this Franchise and any and all rights previously granted to Grantee by the City shall be null and void. SECTION 14. REPEALER 14.1 Repealer Appendix B-3 of the Albertville City Code is hereby amended to delete ordinance 2003-9 in its entirety and such ordinance within Appendix B-3 of the City Code is hereby replaced with the text of this ordinance as adopted herein. Passed and adopted this day of , 2019. ATTEST: CITY OF ALBERTVILLE, MINNESOTA RM Its: City Clerk 12 Its: Mayor ACCEPTED: The undersigned Grantee accepts this Franchise and agrees to be bound by its terms and conditions. Dated: ME 35 Agenda Page 60 City of Albertville Meeting of January 7, 2019 Ordinance No, 2019-01 Page 36 APPENDIX A —LIST OF PUBLIC BUILDINGS City Hall Fire Hall STMA Arena Park Depot FYCC Building STMA Primary School STMA Middle School West Public Works Building* Wastewater Treatment Facility* 5959 Main Ave NE 11350 57" St NE 5898 Lachman Ave NE 5803 Main Ave NE 5975 Main Ave NE 5836 Main Ave NE 11343 50th St NE 11822 63rd St NE 11728 63rd St NE *These buildings shall only receive complimentary service if within one hundred fifty (150) feet of the Grantee's System, as measured from the closest technologically feasible tie-in point that is actively delivering Cable Service as of the date of the request. 36 Agenda Page 61 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.2019-01 AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING, LLC D/B/A CHARTER COMMUNICATIONS, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF ALBERTVILLE, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING MEASURES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Albertville on the 7th day of January 2019, adopted Ordinance No. 2019-01, entitled "An Ordinance Granting A Franchise To CC VIII Operating, LLC DB/A Charter Communications, To Construct, Operate, And Maintain A Cable Television System In The City Of Albertville, Minnesota; Setting Forth Conditions Accompanying The Grant Of The Franchise; Providing For Regulation And Use Of The System; And Prescribing Measures For The Violation Of Its Provisions." This ordinance grants a cable television franchise to CC VIII Operating, LLC (d/b/a Charter Communications) to operate cable service in the City of Albertville for a period of 15 years. The franchise agreement sets the terms of operation of the cable system, authorizes the installation of cable facilities in the City's rights of way, requires Charter Communications to comply with all applicable laws and recommendations, and sets other terms of operation for Charter Communications' cable television franchise. The Albertville City Council has approved the text of this Summary for publication and has determined that this Summary clearly informs the public of the intent and effect of Ordinance No. 2019-01. Complete copies of Ordinance No. 2019-01 are available during business hours at the Albertville City Hall, 5959 Main Avenue, Albertville, MN 55301. Approved by the Albertville City Council this 71h day of January, 2019. ATTEST: Kiln Hodena, City Clerk CITY OF ALBERTVILLE, MINNESOTA In Jillian Hendrickson, Mayor Agenda Page 62 �lbcrtvi j jc S-1T..UNng.ftCity Lft. Mayor and Council Request for Action January 3, 2019 SUBJECT: LEGAL - CABLE SERVICE GUIDELINES ORDINANCE REVISIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Ordinance No. 2019-02 titled "An Ordinance Amending Chapter 4 Of The Albertville City Code" and Authorize Publication of Summary Ordinance. BACKGROUND: When the City last granted Charter Communications a cable franchise it enacted general cable guidelines which are now part of Chapter 4 of the City's Code. With the adoption of the renewed Charter franchise, Charter and City Staff have negotiated proposed changes to the cable guidelines ordinance which generally govern cable TV service in Albertville. These guidelines supplement the franchise agreements that the City has with its two cable service providers (Charter Cable and Gigabit (formerly FTTH)) KEY ISSUES: • The changes are predominantly minor operational changes, a number of which track changes made in the Charter franchise agreement. POLICY/PRACTICES CONSIDERATIONS: This is the first amendment to this ordinance since its codification in 2005. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: The City has the authority to set various operational policies for cable companies operating within the City. Department/Responsible Person: City Attorney/Mike Couri. Submitted Through: Adam Nafstad, City Administrator. Attachments: Ordinance 2019-02 Summary Ordinance P:ACity Council\Council Packet Information\2019\010719\RCA for 2019 Cable Service Guidelines.docx Meeting Date: January 7, 2019 63 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2019-02 AN ORDINANCE AMENDING CHAPTER 4 OF THE ALBERTVILLE CITY CODE The City Council of the City of Albertville hereby ordains as follows: Section 1. Albertville City Code Section 4-6-4, Definitions and Interpretation, Gross Revenues, is amended to read as follows: GROSS REVENUES: All revenues received by a Grantee, or its affiliates, from the sale or provision of Cable Service in the City. By way of example and not limitation, "Gross Revenues" shall include all carriage revenues received by a Grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. "Gross Revenues" shall not include bad debt, any taxes or fees on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit, or revenues received by a Grantee or its affiliates from the provision of Cable Services in the City. Section 2. Albertville City Code Section 4-6-10, Franchise Fee, is amended to read as follows: a. A Grantee must pay to the City a Franchise Fee in the amount established in the Franchise Agreement. b. Franchise Fee payments are payable quarterly. Franchise Fee payments must be made within sixty (60) days of the end of each calendar quarter. c. Each Franchise Fee payment must be accompanied by a report approved by an employee of the Grantee in form reasonably acceptable to City, detailing the computation of the payment. All amounts paid must be subject to audit and recomputation by the City and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. d. A Grantee may designate that portion of a Subscriber's bill attributable to the Franchise Fee as a separate line item on the bill. Section 3. Albertville City Code Section 4-6-12, Renewal of Franchise, is amended to read as follows: Franchise renewals will be conducted in accordance with applicable laws. Section 4. Albertville City Code Section 4-6-14A, Transfer, termination or abandonment of Franchise, is amended to read as follows: Agenda Page 64 A. Termination Or Abandonment Of Service: 1. A grantee may not abandon the System without having first given three (3) months' written notice to the city. 2. In the event of termination or forfeiture of the franchise or abandonment of the system, the city may require the grantee to remove all or any portion of its system from all rights of way and public property within the city; provided, however, that the grantee will not be required to remove its system to the extent it lawfully provides other services over the system. 3. If the grantee has failed to commence removal of its system, or such part thereof as was designated by the city, within one hundred twenty (120) days after written demand for removal is given, or if the grantee has failed to complete such removal within twenty-four (24) months after written demand for removal is given, the city may apply funds secured by the franchise toward removal and/or declare all right, title, and interest in the system to be in the city with all rights of ownership including, but not limited to, the right to operate the system or transfer the system to another for operation by it pursuant to the provisions of 47 USC section 547. Section 5. Albertville City Code Section 4-6-16E, Use of Rights of Way is amended to read as follows: Upon fifteen (15) days prior written notice, the Grantee shall provide to the City maps, plats, or other record of the location and character of facilities constructed in the City, including underground facilities, as the City may need for the management of any portion of its rights of way. Consistent with applicable state law, grantee may identify such maps, plats or other records as "confidential trade secret", and the city shall comply with all state laws regarding the protection and dissemination of such materials. Section 6. Albertville City Code Section 4-6-18C, Construction Standards, Undergrounding of Facilities, is amended to read as follows: C. Undergrounding of Facilities 1. In all areas of the city where utility facilities are required to be placed underground, or where all other utility lines are underground, all grantees must construct and install system facilities underground. 2. Amplifier boxes and pedestal mounted terminal boxes may be placed aboveground, but such facilities shall be of such size, design, and location as not to be unsightly or unsafe, as approved by the city. 3. A grantee must bury new drops within a reasonable time period. In the event the ground is frozen, a grantee will be permitted to delay burial until the ground is suitable for burial. Section 7. Albertville City Code Section 4-6-19I, System Design and Extension Provisions, Emergency Alert System, is amended to read as follows: Agenda Page 65 Emergency Alert System. Grantee shall provide emergency alert override capabilities in a manner consistent with the FCC's emergency alert system (`EAS') rules and consistent with any applicable state and regional EAS plans adopted in response thereto. Section 8. Albertville City Code Section 4-6-20B, Consumer Protection and Customer Service Standards, Regulation of Cable Service Rates, is amended to read as follows: B. Regulation Of Cable Service Rates: 1. The city may regulate rates for the provision of cable service to the extent allowed under federal or state law(s). 2. Grantees must give the City and Subscribers written notice of any change in a Cable Service rate or charge no less than thirty (30) days prior to the effective date of the change. Section 9. Albertville City Code Section 4-6-20K, Consumer Protection and Customer Service Standards, Refunds and Credits, is amended to read as follows: K. [Omitted] Section 10. Albertville City Code Section 4-6-20L, Consumer Protection and Customer Service Standards, Local Office/Drop Box, is amended to read as follows: L. [Omitted. Section II. This Ordinance shall take effect upon its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ON THE 7tn DAY OF JANUARY, 2019. ATTEST: Kim Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 66 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2019-02 AN ORDINANCE AMENDING CHAPTER 4 OF THE ALBERTVILLE CITY CODE; The City Council of the City of Albertville hereby ordains as follows: Section 1. Albertville City Code Section 4-6-4, Definitions and Interpretation, Gross Revenues, is amended to read as follows: GROSS REVENUES: All revenues received by a Grantee, or its affiliates, from the sale or provision of Cable Service in the City. By way of example and not limitation, "Gross Revenues" shall include all carriage revenues received by a Grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. "Gross Revenues" shall not include bad debt, any taxes or fees on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit, or revenues received by a Grantee or its affiliates from the provision of Services in the City. Section 2. Albertville City Code Section 4-6-10, Franchise Fee, is amended to read as follows: a. A Grantee must pay to the City a Franchise Fee in the amount established in the Franchise Agreement. b. Franchise Fee payments are payable quarterly. Franchise Fee payments must be made within six (640) days of the end of each calendar quarter. c. Each Franchise Fee payment must be accompanied by a report a rovedeef4fied by an Formatted: toot Highlight offieefemploeeof the Grantee in form reasonably acceptable to City, detailing the computation of the payment. All amounts paid must be subject to audit and recomputation by the City and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. d. A Grantee may designate that portion of a Subscriber's bill attributable to the Franchise Fee as a separate line item on the bill. Section 3. Albertville City Code Section 4-6-12, Renewal of Franchise, is amended to read as follows: Franchise renewals will be conducted in accordance with applicable laws. To �the exten Agenda Page 67 Section 4. Albertville City Code Section 4-6-14A, Transfer, termination or abandonment of Franchise, is amended to read as follows: A. Termination Or Abandonment Of Seivice: 1. A grantee may not abandon the System without having first given three (3) months' written notice to the city. 2. In the event of termination or forfeiture of the franchise or abandonment of the system, the city may require the grantee to remove all or any portion of its system from all rights of way and public property within the city; provided, however, that the grantee will not be required to remove its system to the extent it lawfully provides other services Telee ie fftieH See-Xiees over the system. 3. If the grantee has failed to commence removal of its system, or such part thereof as was designated by the city, within one hundred twenty (120) days after written demand for removal is given, or if the grantee has failed to complete such removal within P&eive twenty-four 244-2) months after written demand for removal is given, the city may apply funds secured by the franchise toward removal and/or declare all right, title, and interest in the system to be in the city with all rights of ownership including, but not limited to, the right to operate the system or transfer the system to another for operation by it pursuant to the provisions of 47 USC section 547. Section 5. Albertville City Code Section 4-6-16E, Use of Rights of Way is amended to read as follows: Upon fifteen (15) days prior written notice, the Grantee shall provide to the City maps, plats, or other record of the location and character of facilities constructed in the City, including underground facilities, as the City may need for the management of any portion of its rights of way. Consistent with applicable state law, grantee may identify such maps, plats or other records as "confidential trade secret", and the city shall comply with all state laws regarding the protection and dissemination of such materials. Section 6. Albertville City Code Section 4-6-18C, Construction Standards, Undergrounding of Facilities, is amended to read as follows: C. Undergrounding of Facilities 1. In all areas of the city where utility facilities are required to be placed underground, or where all other utility lines are underground, all grantees must construct and install system facilities underground. Agenda Page 68 2. Amplifier boxes and pedestal mounted terminal boxes may be placed aboveground, but such facilities shall be of such size, design, and location as not to be unsightly or unsafe, as approved by the city. 3. A grantee must buiy new drops within a reasonable time period, whieh ffitist tiet weeed fi f4e �15) N i OSS Ela H-bjO,.t tO 41ditioi+ . In the event the ground is frozen, a grantee will be permitted to delay burial until the ground is suitable for burial ...> ieh in iie , r,ent F ast b Section 7. Albertville City Code Section 4-6-191, System Design and Extension Provisions, Emergency Alert System, is amended to read as follows: 1. Emergency Alert System. Formatted: Font: (Detault) Times New l Roman I Grantee shall provide emergency alert override capabilities in a manner consistent with the FCC's emereencv alert system (`EAS') rules and consistent with anv anDlicable state and regional EAS plans adopted in response thereto. Section 8. Albertville City Code Section 4-6-20B, Consumer Protection and Customer Service Standards, Regulation of Cable Service Rates, is amended to read as follows: B. Regulation Of Cable Service Rates: 1. The city may regulate rates for the provision of cable service to the extent allowed under federal or state law(s). 2. Formatted: Not Highlight Grantees must give the City and Subscribers written notice of any change in a Cable Sel vice rate or charge no less than thirty (30) days prior to the effective date of the change. Section 9. Albertville City Code Section 4-6-20K, Consumer Protection and Customer Service Standards, Refunds and Credits, is amended to read as follows: K. Re fund. n,.,t C- fe s Omitted Formatted: Not Highlight ins-pUfPOse, fliae-asis] wn@4to 44ii4y{ ) days , a Agenda Page 69 Section 10. Albertville City Code Section 4-6-20L, Consumer Protection and Customer Service Standards, Local Office/Drop Box, is amended to read as follows: ,L. Formatted: Not Highlight ,.bse fibo.. pa....eats-. Omitted. Section 11. This Ordinance shall take effect upon its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ON THE DAY OF 2019. ATTEST: Kim Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 70 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY OF ORDINANCE NO.2019-02 AN ORDINANCE AMENDING CHAPTER 4 OF THE ALBERTVILLE CITY CODE The City Council of the City of Albertville on the 7th day of January 2019, adopted Ordinance No. 2019-02, entitled "An Ordinance Granting Amending Chapter 4 of the Albertville City Code." This ordinance amends the City's Cable Ordinance, which provides operational guidelines for cable service providers operating in Albertville. The amendments provide updates to various operational procedures applicable to all cable operators in the City. The Albertville City Council has approved the text of this Summary for publication and has determined that this Summary clearly informs the public of the intent and effect of Ordinance No. 2019-02. Complete copies of Ordinance No. 2019-02 are available during business hours at the Albertville City Hall, 5959 Main Avenue, Albertville, MN 55301. Approved by the Albertville City Council this 71h day of January, 2019. ATTEST: Kim Hodena, City Clerk CITY OF ALBERTVILLE, MINNESOTA Jillian Hendrickson, Mayor Agenda Page 71 A\Ibc tvijlie City Administrator's Update Small Town living. Big City We. January 3, 2018 GENERAL ADMINISTRATION Cielo Property: Staff met with Mr. Zafar Zhamdamov regarding redevelopment of the Cielo Property at 11850 62nd Street. Mr. Zhamdamov would like to present his concepts for use and improvement to the site and discuss potentially utilizing the City's revolving loan fund. Park Property: The closing on the Barthel property is complete. The Dance Studio purchase agreement has been signed and closing is scheduled for January 17. 2018 Audit: Auditors ABDO have begun preliminary audit reviews and be back in February for audit field work and plan to present to the Council at the second meeting in April. Centennial Planning: The next meeting is January 28 at 7:00 p.m. and all are welcome. Legislative Services Agreement: I am working with Stinson, Leonard, Street on a revised service agreement for 2019. Ice Arena: The next Arena Board meeting will be on January 14. For 2019, a St. Michael member will hold the position of chairperson. The Arena Board will begin budgeting for the 2019/2020 season in February. Joint Governance Meeting: This meeting is set for January 28, 2019 at 6:30 p.m. at the Senior Center. ENGINEERING/PUBLIC WORKS 1-94 Improvements: Staff is working with MnDOT on the cost participation policy and municipal consent. There will be public hearing for the municipal consent at the second meeting in January. CSAH 19 and CSAH 38: We are working with the Mall and County on the Cost participation agreement. Also, I met with the Shoppes of the Towne Lakes commercial association to review and access modifications, which were very much supported by the group. Primary School Crossing Improvements: I am working with the school on making improvements to the ped crossing on Main Avenue. I am getting pricing on a dynamic speed sign and flashing cross walk sign that the School and City would split. I will have a draft MOU for the Council to consider at the second meeting in January. Sanitary Sewer Service Agreement: Lennar is pursuing a development application for the Montgomery property in St. Michael and I am working with St. Michael staff to update the previous agreement for service. 2019 Street Project: We are working on preliminary design of the 2019 street and trail project. The updated Street CIP and 2019 project will be presented at meeting. The open house for the 2019 project has been tentatively set for January 15 from 6:00 p.m. to 7:30 p.m. at City Hall. Agenda Page 72 Plans will be finalized in February with a contract award has been scheduled for the March 18 meeting. See attached maps. 70th Street Project: I will be meeting with MnRoad and Otsego on Monday to continue the discussion on potentially partnering to improve 701h Street between CSAH 19 and Kadler. WWTP Forcemain Project: Plans have been submitted to all of the reviewing agencies. We are currently working on obtaining all of the necessary permits. The MPCA anti -degradation permit has a public notice period of 60 days. The MPCA has indicated they will be placing the permit on notice in January, but don't have a specific date at this time. Once the permit is placed on notice we can finalize a schedule for bidding the project. The permit will have to be placed on public notice this week to allow for a March award date. Tina and I will be meeting with our financial advisor in early January to discuss funding options for the 2019 WWTP project. Also, we will be submitting a CUP application to the City of Otsego in mid -January. We have closed on the Turnquist easement and hope to be closing on the Riverwood easement in the next few days. Lachman and 601h Street Intersection: With the new entrance to the ice arena and to improve safety at the intersection, I have ordered new intersection control signs. The new stop signs will include solar powered flashers. I expect to have the new signage installed be the end of the month. Upcoming Events: • January 18 — 1-94 Corridor Coalition's Legislative Preview Breakfast, 8:00 a.m. to 9:30 a.m. at Rogers Community Center. Please let me know if you would like to attend. • January 28 - Joint Governance Meeting, 6:30 p.m. at St. Michael City Hall • January 29 — 1-94 West Chamber State of the Cities, 11:00 a.m. to 1:00 p.m. at Rockwoods Event Center in Otsego. Please let me know if you would like to attend. Attachments: • 2019 Street Improvement Project Figures • Sheriff's Monthly Report City Administrator's Update Page 2 of 2 January 7, 2019 Agenda Page 73 PROJECT OVERVIEW The City of Albertville is preparing plans for a 2019 Street Improvement Project. In addition to street improvements, the City is proposing to replace the existing 8-foot bituminous trail in the project area with a 5-foot concrete sidewalk. Construction will start in June 2019 and end in September 2019. PROJECT INFORMATION Please see the enclosed maps identifying the proposed project area. STREET OVIIFIRUVEMENT The street improvements area consists of spot curb repairs, patching, milling 1-inch of the existing street surface and placing 2-inches of new asphalt. Please note that the curb repairs will be limited, and not every piece of settled or damaged curb will be replaced. SIDEWALK IMPROVEMENTS The sidewalk improvements consist of removing the existing 8-foot bituminous trail along Karsten Ave and Kahler Drive and replacing it with a 5-foot concrete sidewalk. The sidewalk will only be constructed in areas that currently have an existing trail. HOMEOWNER IMPACTS The sidewalk improvements will effect the yards and driveways of the properties abutting the existing trail. The edge of the new sidewalk will match the street side edge of the current trail, so boulevard widths will remain the same. The sidewalk will be 5-feet wide and will be constructed with a cross slope of 2 percent. As a result, some driveways will be steeper after construction. All driveways adjacent to the sidewalk will get a new concrete apron. All existing driveway aprons wider than 24 feet will be reduced to 24 feet in width. A portion of the driveways behind the sidewalk will also need to be reconstructed. The portion of the driveway reconstructed behind the sidewalk will vary from property to property depending on the slope of the driveway. You will be asked to not drive on the concrete for 7 days after it is poured. Prior to the start of construction, you will be asked to mark your irrigation lines and buried fence lines along the curb or trail. When the contractor is working on your street, please be patient and for everyone's safety, please follow the directions given by the workers. We apologize for the inconvenience that this project will cause and thank you for your cooperation. Agenda Page 74 2019 Street Improvements Figure 1: Project Figure BOLTON City of Albertville, Minnesota November, 2C 0 & MENK f - CSAH 37 � ' 4 64TEI ST. f r � �•. Lu �`� . • • :! •' �: SCALE FEET JAr r y <' SIR%N,/ •�� 1 �'� .,� {_ �'� , I' F F yt P I ,1 O fr 1 x 61ST ST NE s r �. .. ♦-' tom— r � } r / it art- r �r: KARSTON AVE r.r rr f Ir `- Y�� `� J J r j1 I�i t I ei t . � 36 O T ✓� r '~rn f ,✓ y ty LLJ LLI 41 Y ''� Y J LA u V i` 53RD ST J f af- It- r;r`'f ._ /, A C �..' y....• LEGEND of �� ��' I f• ,.- ' . W BITUMINOUS OVERLAY n ° SIDEWALK IMPROVEMEf�nd Page 75 2019 Street Improvements Figure 2: Project Figure BOLTON City of Albertville, Minnesota November, 2C 0 & MENK q r. r f r f 0 HORZ. 6 f �u • 1, �" � / r� f .1 � r� � l - �� I f' ' ' r' � SCALE r % r f CSAH 37/60TH W Q N 59TH CII F Z "how q� u 58TH ST y. T T 400 800 iR BITUMINOUS RECLAMA+dI Page 76 BACK OF CURB BOULEVARD (WIDTH VARIES) 8' BITUMINOUS TRAIL EXISTING TYPICAL SECTION TIE IN SLOPE VARIES BOULEVARD (MATCH WIDTH & GRADE) 5' CONCRETE SIDEWALK BACK OF 2% CURB PROPOSED TYPICAL SECTION TIE IN SLOPE VARIES MATCH EXISTING DRIVEWAY MATERIAL CONCRETE APRON 1 5' CONCRETE SIDEWALK BACK OF (--- 2% CURB I I -------- — PROPOSED TYPICAL SECTION AT DRIVEWAYS ^I O^I^^ BOLTON 2019 STREET IMPROVEMENTS lbcrtvi & MEN K 11� I 1 FIGURE N0. 3 TYPICAL SECTIONS smou rows Living. Big acy Life. Real People. Real Solutions. Agenda Page 77 f4+ F 5 4~ J Albertville Monthly Report 2018 Wright County Sheriff's Office Sheriff Joe Hagerty 3800 Braddock Ave. NE, Buffalo, MN 55313 1-800-362-3667 Fax:763-682-7610 QPGFESSIONq�t.S Y~ W 2 �y � 4 'ARING Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 911 Abandoned Total: 1 12/28/18 16:19 911 Abandoned 2018103243 911 911 Hang-up Total: 9 12/02/18 12:05 911 Hang-up 2018095832 911 12/11/18 18:19 911 Hang-up 2018098403 911 12/15/18 18:09 911 Hang-up 2018099661 911 12/16/18 04:07 911 Hang-up 2018099802 911 12/16/18 16:32 911 Hang-up 2018099918 911 12/16/18 19:12 911 Hang-up 2018099956 911 12/22/18 15:51 911 Hang-up 2018101607 911 12/26/18 14:05 911 Hang-up 2018102580 911 12/26/18 17:36 911 Hang-up 2018102643 911 911 Open Line Total: 21 12/07/18 09:24 911 Open Line 2018097168 911 12/07/18 09:52 911 Open Line 2018097178 911 12/07/18 10:42 911 Open Line 2018097188 911 12/09/18 08:08 911 Open Line 2018097731 911 12/10/18 21:44 911 Open Line 2018098169 911 12/11/18 16:47 911 Open Line 2018098370 911 12/15/18 15:32 911 Open Line 2018099615 911 12/15/18 22:54 911 Open Line 2018099756 911 12/16/18 19:38 911 Open Line 2018099966 911 12/17/18 19:50 911 Open Line 2018100258 911 12/22/18 11:41 911 Open Line 2018101554 911 12/23/18 10:54 911 Open Line 2018101790 911 12/29/18 04:29 911 Open Line 2018103413 911 12/29/18 16:55 911 Open Line 2018103525 911 12/29/18 20:34 911 Open Line 2018103563 911 12/30/18 10:06 911 Open Line 2018103668 911 12/30/18 10:50 911 Open Line 2018103677 911 12/30/18 20:58 911 Open Line 2018103785 911 12/31/18 05:10 911 Open Line 2018103851 911 12/31/18 09:44 911 Open Line 2018103889 911 12/31/18 10:23 911 Open Line 2018103898 911 Agency Assist Total: 5 12/05/18 05:52 Agency Assist 2018096580 Agency Assist WCSOP18038168 Phone 12/09/18 02:08 Agency Assist 2018097697 Agency Assist WCSOP18038603 Phone 12/22/18 09:18 Agency Assist 2018101538 Agency Assist WCSOP18040109 Phone ZUERCHER Agenda Page 78 Page 1 of 13 Incident Start Date/Time Initial Call CFS # Final Incident 12/22/18 12:34 Agency Assist 2018101562 Juvenile - Complaint 12/24/18 17:56 Agency Assist 2018102171 Agency Assist Alarm Total: 1 12/15/18 10:57 Alarm 2018099528 Alarm Animal Total: 7 12/08/18 04:14 Animal 2018097427 12/15/1816:06 Animal 2018099624 Animal 12/22/1812:39 Animal 2018101564 Animal 12/30/18 23:22 Animal 2018103818 Animal 12/30/18 23:26 Animal 2018103820 Animal 12/30/18 23:47 Animal 2018103822 Animal 12/31/1812:19 Animal 2018103923 Animal - Bites - Attacks Total: 2 12/11/18 08:30 Animal - Bites - Attacks 2018098236 Animal - Bites - Attacks 12/23/18 14:29 Animal - Bites - Attacks 2018101842 Animal - Bites - Attacks Assault Total: 1 12/29/18 02:07 Assault 2018103395 Warrant - Arrest Bomb Threat Total: 1 12/13/18 12:26 Bomb Threat 2018098884 Bomb Threat Burglary Total: 2 Case Number WCSOP 18040120 WCSOP 18040374 How Reported Phone Phone WCSOP18039330 911 Phone WCSOP18039375 Phone WCSOP18040123 Phone WCSOP18041022 Phone WCSOP18041021 Phone WCSOP18041023 Phone Phone WCSOP18038837 Phone WCSOP18040242 Phone 1�JNZ.Y�]'Ji E:31L EIY.i:Y:�'S `I WCSOP18039084 Phone 12/21/1810:18 Burglary 2018101265 Burglary WCSOP18040012 Phone 12/28/18 01:18 Burglary 2018103071 Suspicious - Circumstances WCSOP18040742 911 Check Welfare Total: 7 12/05/18 09:04 Check Welfare 2018096602 Check Welfare WCSOP18038178 12/06/18 15:36 Check Welfare 2018096987 Check Welfare WCSOP18038331 Phone 12/06/18 17:37 Check Welfare 2018097036 Check Welfare WCSOP18038347 Phone 12/12/18 15:32 Check Welfare 2018098648 Check Welfare WCSOP18038992 Phone 12/24/18 21:24 Check Welfare 2018102221 Check Welfare WCSOP18040389 911 12/31/18 08:35 Check Welfare 2018103883 Check Welfare WCSOP18041056 Phone 12/31/18 17:25 Check Welfare 2018103997 Check Welfare WCSOP18041105 Phone Civil Complaint Total: 10 12/03/18 23:34 Civil Complaint 2018096242 Civil Complaint WCSOP18038041 911 12/05/18 13:23 Civil Complaint 2018096659 Civil Complaint WCSOP18038201 Phone 12/06/18 17:30 Civil Complaint 2018097032 Civil Complaint WCSOP18038345 Phone 12/07/18 09:41 Civil Complaint 2018097175 Civil Complaint WCSOP18038402 Phone 12/08/18 15:51 Civil Complaint 2018097537 Suspicious - Circumstances WCSOP18038541 Phone 12/10/18 13:44 Civil Complaint 2018098021 Civil Complaint WCSOP18038750 Phone 12/11/18 14:48 Civil Complaint 2018098328 Harassment WCSOP18038873 Phone 12/18/18 16:45 Civil Complaint 2018100518 Civil Complaint WCSOP18039711 Phone 12/26/18 16:28 Civil Complaint 2018102624 Civil Complaint WCSOP18040533 Phone 12/29/18 02:23 Civil Complaint 2018103398 Civil Child Custody WCSOP18040867 Phone Made by ZUERCHER Agenda Page 79 Page 2 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported Civil Process Total: 10 12/04/18 11:54 Civil Process 2018096349 12/06/18 11:54 Civil Process 2018096916 12/07/18 11:24 Civil Process 2018097201 12/12/18 14:25 Civil Process 2018098630 12/18/18 13:06 Civil Process 2018100449 12/20/18 11:38 Civil Process 2018100976 12/26/18 08:59 Civil Process 2018102500 12/26/18 09:10 Civil Process 2018102501 12/28/18 09:28 Civil Process 2018103134 12/28/18 17:01 Civil Process 2018103249 Officer Officer Officer Officer Officer Officer Officer Officer Officer Officer Commercial Fire Alarm Total: 3 12/02/18 14:23 Commercial Fire Alarm 2018095857 Commercial Fire Alarm WCSOP18037881 Phone 12/06/18 15:30 Commercial Fire Alarm 2018096985 Commercial Fire Alarm WCSOP18038329 Phone 12/22/18 20:05 Commercial Fire Alarm 2018101665 Commercial Fire Alarm WCSOP18040165 Phone Commercial General Alarm Total: 19 12/01/18 04:29 Commercial General 2018095484 Commercial General Alarm WCSOP18037708 Phone 12/01/18 18:03 Commercial General 2018095669 Commercial General Alarm WCSOP18037781 Phone 12/01/18 22:39 Commercial General 2018095733 Commercial General Alarm WCSOP18037817 Phone 12/06/18 22:57 Commercial General 2018097110 Commercial General Alarm WCSOP18038373 Phone 12/07/18 12:06 Commercial General 2018097212 Commercial General Alarm WCSOP18038416 Phone 12/08/18 23:25 Commercial General 2018097651 Commercial General Alarm WCSOP18038578 Phone 12/12/18 01:25 Commercial General 2018098488 Commercial General Alarm WCSOP18038921 Phone 12/12/18 03:49 Commercial General 2018098494 Commercial General Alarm WCSOP18038925 Phone 12/13/18 05:42 Commercial General 2018098805 Commercial General Alarm WCSOP18039045 Phone 12/19/18 09:13 Commercial General 2018100683 Phone 12/21/18 18:12 Commercial General 2018101377 Commercial General Alarm WCSOP18040063 Phone 12/26/18 07:46 Commercial General 2018102485 Commercial General Alarm WCSOP18040493 Phone 12/26/18 08:05 Commercial General 2018102488 Phone 12/26/18 18:51 Commercial General 2018102662 Commercial General Alarm WCSOP18040549 Phone 12/27/18 23:01 Commercial General 2018103051 Commercial General Alarm WCSOP18040732 Phone 12/28/18 01:39 Commercial General 2018103073 Commercial General Alarm WCSOP18040743 Phone 12/28/18 06:48 Commercial General 2018103102 Commercial General Alarm WCSOP18040758 Phone 12/28/18 22:05 Commercial General 2018103343 Commercial General Alarm WCSOP18040848 Phone 12/31/18 16:51 Commercial General 2018103992 Commercial General Alarm WCSOP18041104 Phone Disorderly Total: 1 12/04/1818:25 Disorderly 2018096450 Harassment WCSOP18038127 911 Domestic Disturbance Total: 10 12/03/18 23:02 Domestic Disturbance 2018096237 Domestic Disturbance WCSOP18038038 911 12/04/18 22:15 Domestic Disturbance 2018096527 Neighborhood Dispute WCSOP18038143 911 12/09/18 16:23 Domestic Disturbance 2018097815 Domestic Disturbance WCSOP18038655 Phone 12/16/18 19:08 Domestic Disturbance 2018099954 Domestic Disturbance WCSOP18039496 911 12/17/18 22:33 Domestic Disturbance 2018100292 Domestic Disturbance WCSOP18039631 911 12/22/18 02:27 Domestic Disturbance 2018101506 Domestic Disturbance WCSOP18040094 911 Made by ZUERCHER. Agenda Page 80 Page 3 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/23/18 06:37 Domestic Disturbance 2018101770 Domestic Disturbance WCSOP18040211 Phone 12/23/18 15:14 Domestic Disturbance 2018101855 Domestic Disturbance WCSOP18040246 911 12/25/18 21:15 Domestic Disturbance 2018102414 Juvenile - Complaint WCSOP18040471 Phone 12/25/18 22:16 Domestic Disturbance 2018102426 Intoxicated Person WCSOP18040475 Phone Drugs Total: 2 12/24/18 14:21 Drugs 2018102121 12/29/1815:43 Drugs 2018103505 Extra Patrol Total: 1 12/23/18 09:58 Extra Patrol 2018101784 Fire - Gas Leak Total: 1 12/10/18 12:10 Fire - Gas Leak 2018097993 Fire - Vehicle Total: 1 12/30/18 16:32 Fire - Vehicle 2018103737 Fraud - Checks - Cards Total: 2 12/21/18 09:39 Fraud - Checks - Cards 2018101260 12/21/18 10:18 Fraud - Checks - Cards 2018101266 Fraud - Forgery Total: 1 12/17/18 14:45 Fraud - Forgery 2018100180 Fraud - Internet Total: 1 12/13/18 15:25 Fraud - Internet 2018098923 Funeral Escort Total: 1 12/31/18 09:06 Funeral Escort 2018103884 Harassment Total: 4 12/03/18 08:38 Harassment 2018096040 12/05/18 21:04 Harassment 2018096780 12/15/1816:59 Harassment 2018099643 12/20/1814:47 Harassment 2018101022 Hospice Death Total: 4 12/03/18 14:53 Hospice Death 2018096104 12/06/18 18:08 Hospice Death 2018097045 12/25/18 07:14 Hospice Death 2018102283 12/25/18 11:36 Hospice Death 2018102312 Info Total: 5 12/04/18 08:38 Info 2018096318 12/18/18 21:47 Info 2018100587 12/19/18 14:08 Info 2018100753 12/20/18 12:59 Info 2018100990 12/21/18 08:31 Info 2018101247 Info; Sign - Signal Repair Total: 1 Drugs WCSOP18040348 Drugs WCSOP18040913 Phone Phone Fire - Gas Leak WCSOP18038733 911 Agency Assist WCSOP18040991 Phone Fraud - Checks - Cards WCSOP18040007 Phone Fraud - Checks - Cards WCSOP18040011 Phone Fraud - Forgery WCSOP18039587 Phone Fraud - Internet WCSOP18039109 Phone Phone Harassment WCSOP18037957 Phone Harassment WCSOP18038249 Phone Civil Complaint WCSOP18039381 911 Harassment WCSOP18039915 Phone Phone Phone Phone Phone Phone Phone Phone Phone ZU=RCHER Agenda Page 81 Page 4 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/15/18 21:19 Info; Sign - Signal 2018099724 Phone Juvenile - Complaint Total: 3 12/13/18 15:36 Juvenile - Complaint 2018098930 Juvenile - Complaint WCSOP18039111 Phone 12/15/18 15:14 Juvenile - Complaint 2018099609 Juvenile - Complaint WCSOP18039367 Phone 12/21/18 14:48 Juvenile - Complaint 2018101324 Juvenile - Complaint WCSOP18040036 Phone Juvenile - Complaint; Dispatch - CAD Total: 1 12/04/18 14:47 Juvenile - Complaint; 2018096392 Juvenile - Complaint WCSOP18038104 Phone Juvenile - Curfew Violation Total: 1 12/27/18 00:09 Juvenile - Curfew 2018102717 Juvenile - Curfew Violation WCSOP18040573 Officer Juvenile - Runaway Total: 2 12/18/18 10:54 Juvenile - Runaway 2018100410 Juvenile - Complaint WCSOP18039682 12/19/18 17:29 Juvenile - Runaway 2018100815 Juvenile - Runaway WCSOP18039830 Phone Lost - Found Property Total: 2 12/01/18 12:42 Lost - Found Property 2018095562 Lost - Found Property WCSOP18037736 12/20/18 15:58 Lost - Found Property 2018101042 Lost - Found Property WCSOP18039927 Medical - Allergies - Stings Total: 1 12/23/18 22:49 Medical - Allergies - 2018101991 Medical - Allergies - Stings WCSOP18040289 911 Medical - Bleeding - Lacerations Total: 1 12/30/18 19:32 Medical - Bleeding - 2018103770 Phone Medical - Breathing Problems Total: 2 12/11/18 10:12 Medical - Breathing 2018098254 Medical - Breathing Problems WCSOP18038843 911 12/25/18 03:18 Medical - Breathing 2018102274 Medical - Breathing Problems WCSOP18040409 911 Medical - Chest Pain Total: 5 12/05/18 01:58 Medical - Chest Pain 2018096565 Medical - Chest Pain WCSOP18038157 911 12/10/18 12:25 Medical - Chest Pain 2018097998 911 12/18/18 10:27 Medical - Chest Pain 2018100399 Medical - Chest Pain WCSOSRO18039675 911 12/23/18 15:09 Medical - Chest Pain 2018101852 Phone 12/31/18 02:53 Medical - Chest Pain 2018103845 Medical - Chest Pain WCSOP18041040 911 Medical - Diabetic Total: 1 12/17/18 14:57 Medical - Diabetic 2018100182 Medical - Diabetic WCSOP18039586 Phone Medical - Fall Under 6 Feet Total: 3 12/04/18 13:23 Medical - Fall Under 6 2018096368 Medical - Fall Under 6 Feet WCSOP18038094 Phone 12/21/18 15:02 Medical - Fall Under 6 2018101328 Medical - Fall Under 6 Feet WCSOP18040039 Phone 12/31/18 07:17 Medical - Fall Under 6 2018103871 Death Investigation - WCSOP18041051 Phone Medical - Heart Problems Total: 1 12/25/18 15:51 Medical - Heart 2018102358 Medical - Heart Problems WCSOP18040448 911 Medical - Non Emergency Transport Total: 1 12/29/18 15:57 Medical - Non 2018103508 Medical - Non Emergency WCSOP18040914 911 ZU=RCHER Page 5 of 13 Agenda Page 82 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported Medical - Overdose - Poisoning Total: 2 12/03/18 11:42 Medical - Overdose - 2018096065 Medical - Overdose - PoisoninWCSOP18037977 911 12/05/18 17:58 Medical - Overdose - 2018096743 Suicidal - Attempt - Threat WCSOP18038236 911 Medical - Psychiatric - Behavioral Total: 3 12/05/18 15:16 Medical - Psychiatric - 2018096687 Suicidal - Attempt - Threat WCSOP18038212 911 12/11/18 08:28 Medical - Psychiatric- 2018098235 Medical - Psychiatric- WCSOSR018038836 Phone 12/31/18 21:06 Medical - Psychiatric- 2018104055 Medical - Psychiatric- WCSOP18041126 Phone Medical - Seizure Total: 1 12/17/18 14:39 Medical - Seizure 2018100179 Medical - Seizure WCSOP18039582 911 Medical - Sick Total: 4 12/04/18 00:22 Medical - Sick 2018096254 911 12/05/18 11:13 Medical - Sick 2018096632 Medical - Sick WCSOP18038189 911 12/24/18 07:22 Medical - Sick 2018102054 Medical - Sick WCSOP18040319 911 12/31/18 19:44 Medical - Sick 2018104030 Medical - Bleeding - WCSOP18041120 911 Medical - Unconscious - Fainting Total: 3 12/05/18 17:13 Medical - Unconscious - 2018096732 Death Investigation - Natural WCSOP18038231 911 12/28/18 08:24 Medical - Unconscious - 2018103113 Medical - Unconscious - WCSOP18040761 911 12/28/18 16:13 Medical - Unconscious - 2018103242 Medical - Unconscious - WCSOP18040810 911 Missing Person Total: 2 12/02/18 16:49 Missing Person 2018095897 Missing Person WCSOP18037896 911 12/07/18 10:17 Missing Person 2018097183 Missing Person WCSOP18038405 Phone Motorist Aid Total: 6 12/03/18 17:10 Motorist Aid 2018096143 12/04/18 17:21 Motorist Aid 2018096433 Officer 12/07/18 19:11 Motorist Aid 2018097314 Officer 12/18/18 00:37 Motorist Aid 2018100314 12/18/18 15:42 Motorist Aid 2018100498 Motorist Aid WCSOP18039706 Phone 12/26/18 22:26 Motorist Aid 2018102702 Officer MVA - Hit & Run Total: 1 12/23/18 20:48 MVA - Hit & Run 2018101953 MVA - Hit & Run WCSOP18040275 MVA - Injuries Total: 2 12/05/18 16:33 MVA - Injuries 2018096714 MVA - Injuries WCSOP18038222 12/15/18 16:52 MVA - Injuries 2018099638 MVA - Injuries WCSOP18039379 MVA - No Injuries Total: 17 12/05/18 16:08 MVA - No Injuries 2018096699 MVA - No Injuries WCSOP18038218 12/05/18 16:32 MVA - No Injuries 2018096712 911 12/06/18 19:11 MVA - No Injuries 2018097063 MVA - No Injuries WCSOP18038355 12/07/18 19:11 MVA - No Injuries 2018097313 Phone 12/11/18 17:37 MVA - No Injuries 2018098387 MVA - No Injuries WCSOP18038891 911 12/11/18 17:54 MVA - No Injuries 2018098391 MVA - No Injuries WCSOP18038893 12/12/18 08:22 MVA - No Injuries 2018098538 MVA - No Injuries WCSOP18038945 Made by ZU=RCHER Agenda Page 83 Page 6 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/15/18 14:43 MVA - No Injuries 2018099600 MVA - No Injuries WCSOP18039364 911 12/17/18 17:34 MVA - No Injuries 2018100218 MVA - No Injuries WCSOP18039604 12/20/18 10:32 MVA - No Injuries 2018100965 MVA - No Injuries WCSOP18039896 12/24/18 15:46 MVA - No Injuries 2018102140 MVA - No Injuries WCSOP18040360 12/27/18 12:31 MVA - No Injuries 2018102845 MVA - No Injuries WCSOP18040635 911 12/27/18 17:11 MVA - No Injuries 2018102935 MVA - No Injuries WCSOP18040679 911 12/27/18 18:05 MVA - No Injuries 2018102969 MVA - No Injuries WCSOP18040700 12/29/18 11:25 MVA - No Injuries 2018103452 MVA - No Injuries WCSOP18040895 12/29/18 11:46 MVA - No Injuries 2018103456 MVA - No Injuries WCSOP18040896 911 12/31/18 12:24 MVA - No Injuries 2018103926 MVA - No Injuries WCSOP18041075 911 Noise Total: 3 12/04/18 22:43 Noise 2018096534 Noise WCSOP18038148 12/11/18 00:15 Noise 2018098187 Noise WCSOP18038811 12/24/18 07:06 Noise 2018102052 Noise WCSOP18040317 Parking Total: 5 12/11/1817:55 Parking 2018098392 Parking WCSOP18038901 12/13/1814:54 Parking 2018098919 Parking WCSOP18039106 12/14/18 21:13 Parking 2018099361 Parking WCSOP18039275 12/28/1815:53 Parking 2018103234 Parking WCSOP18040806 12/30/18 18:59 Parking 2018103768 Abandoned Vehicle WCSOP18041004 Probation Check Total: 2 12/14/18 20:01 Probation Check 2018099329 Officer 12/18/18 09:27 Probation Check 2018100376 Officer Residential General Alarm Total: 3 12/21/18 19:08 Residential General 2018101393 Residential General Alarm WCSOP18040069 Phone 12/26/18 09:22 Residential General 2018102504 Residential General Alarm WCSOP18040501 Phone 12/29/18 10:03 Residential General 2018103439 Residential General Alarm WCSOP18040889 Phone Snowbird Total: 48 12/02/18 04:53 Snowbird 2018095783 Snowbird WCSOP18037847 12/03/18 02:22 Snowbird 2018096001 Snowbird WCSOP18037938 12/03/18 02:34 Snowbird 2018096003 Snowbird WCSOP18037940 12/03/18 02:45 Snowbird 2018096006 Snowbird WCSOP18037943 12/03/18 04:26 Snowbird 2018096011 Snowbird WCSOP18037947 12/06/18 02:44 Snowbird 2018096829 Snowbird WCSOP18038269 12/06/18 02:51 Snowbird 2018096830 Snowbird WCSOP18038270 12/10/18 02:13 Snowbird 2018097916 Snowbird WCSOP18038689 12/10/18 02:17 Snowbird 2018097917 Snowbird WCSOP18038690 12/10/18 02:40 Snowbird 2018097921 Snowbird WCSOP18038693 12/10/18 02:53 Snowbird 2018097922 Snowbird WCSOP18038695 12/10/18 02:58 Snowbird 2018097923 Snowbird WCSOP18038696 12/10/18 03:00 Snowbird 2018097924 Snowbird WCSOP18038698 12/10/18 03:02 Snowbird 2018097925 Snowbird WCSOP18038697 12/14/18 02:23 Snowbird 2018099074 Snowbird WCSOP18039159 12/14/18 02:30 Snowbird 2018099076 Snowbird WCSOP18039161 Made by ZUERCHER Agenda Page 84 Page 7 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/14/18 02:36 Snowbird 2018099077 Snowbird WCSOP18039162 12/15/18 04:56 Snowbird 2018099477 Snowbird WCSOP18039308 12/15/18 05:02 Snowbird 2018099478 Snowbird WCSOP18039309 12/15/18 05:09 Snowbird 2018099479 Snowbird WCSOP18039310 12/17/18 02:54 Snowbird 2018100030 Snowbird WCSOP18039513 12/17/18 02:59 Snowbird 2018100032 Snowbird WCSOP18039514 12/17/18 04:35 Snowbird 2018100038 Snowbird WCSOP18039517 12/17/18 04:41 Snowbird 2018100039 Snowbird WCSOP18039518 12/17/18 05:04 Snowbird 2018100045 Snowbird WCSOP18039521 12/18/18 02:27 Snowbird 2018100326 Snowbird WCSOP18039644 12/18/18 04:18 Snowbird 2018100334 Snowbird WCSOP18039649 12/20/18 02:36 Snowbird 2018100910 Snowbird WCSOP18039866 12/21/18 02:21 Snowbird 2018101201 Snowbird WCSOP18039982 12/21/18 02:32 Snowbird 2018101205 Snowbird WCSOP18039984 12/21/18 02:35 Snowbird 2018101206 Snowbird WCSOP18039985 12/21/18 02:40 Snowbird 2018101207 Snowbird WCSOP18039987 12/21/18 02:54 Snowbird 2018101210 Snowbird WCSOP18039988 12/23/18 02:05 Snowbird 2018101733 SIA Winter Parking Warning WCSOP18040187 12/23/18 02:16 Snowbird 2018101736 Snowbird WCSOP18040189 12/23/18 02:28 Snowbird 2018101740 Snowbird WCSOP18040191 12/23/18 02:39 Snowbird 2018101744 SIA Winter Parking Warning WCSOP18040195 12/24/18 02:30 Snowbird 2018102027 Snowbird WCSOP18040302 12/24/18 02:37 Snowbird 2018102028 Snowbird WCSOP18040303 12/24/18 02:40 Snowbird 2018102030 Snowbird WCSOP18040304 12/24/18 02:50 Snowbird 2018102032 Snowbird WCSOP18040305 12/24/18 02:53 Snowbird 2018102033 Snowbird WCSOP18040306 12/24/18 04:03 Snowbird 2018102042 Snowbird WCSOP18040311 12/24/18 04:05 Snowbird 2018102043 Snowbird WCSOP18040312 12/27/18 01:56 Snowbird 2018102731 Snowbird WCSOP18040581 12/27/18 02:07 Snowbird 2018102736 Snowbird WCSOP18040588 12/27/18 03:03 Snowbird 2018102753 Snowbird WCSOP18040600 12/31/18 02:03 Snowbird 2018103838 Snowbird WCSOP18041034 Surveillance Total: 1 12/17/18 23:09 Surveillance 2018100298 Suspicious - Circumstances Total: 8 12/02/18 13:59 Suspicious - 2018095854 Suspicious - Circumstances WCSOP18037878 Phone 12/03/18 11:53 Suspicious - 2018096067 Suspicious - Circumstances WCSOP18037980 Phone 12/03/18 19:11 Suspicious - 2018096178 Suspicious - Circumstances WCSOP18038024 911 12/07/18 15:09 Suspicious - 2018097252 Suspicious - Circumstances WCSOP18038441 Phone 12/10/18 17:03 Suspicious - 2018098082 Suspicious - Circumstances WCSOP18038777 911 12/15/18 21:14 Suspicious - 2018099722 Suspicious - Circumstances WCSOP18039404 Phone 12/25/18 17:08 Suspicious - 2018102366 Suspicious - Circumstances WCSOP18040451 Phone 12/29/18 08:58 Suspicious - 2018103428 Suspicious - Circumstances WCSOP18040885 Phone Suspicious - Person - Vehicle Total: 9 12/11/18 00:58 Suspicious - Person - 2018098192 Suspicious - Person - Vehicle WCSOP18038815 Phone Made by ZUERCHER. Agenda Page 85 Page 8 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/14/18 12:41 Suspicious - Person - 2018099188 Suspicious - Person - Vehicle WCSOP18039215 Phone 12/14/18 16:01 Suspicious - Person - 2018099253 Suspicious - Person - Vehicle WCSOP18039239 12/18/18 00:58 Suspicious - Person - 2018100317 Suspicious - Person - Vehicle WCSOP18039639 911 12/19/18 09:35 Suspicious - Person - 2018100689 Suspicious - Person - Vehicle WCSOP18039776 Phone 12/20/18 17:14 Suspicious - Person - 2018101066 Domestic Disturbance WCSOP18039932 Phone 12/21/18 05:12 Suspicious - Person - 2018101216 Domestic Disturbance WCSOP18039993 911 12/25/18 18:20 Suspicious - Person - 2018102384 Suspicious - Person - Vehicle WCSOP18040456 Phone 12/29/18 22:07 Suspicious - Person - 2018103585 Suspicious - Person - Vehicle WCSOP18040935 911 Theft Total: 4 12/08/18 19:07 Theft 2018097577 Fraud -Financial Transaction WCSOP18038553 Phone 12/14/18 19:15 Theft 2018099311 Theft - Shoplifting WCSOP18039258 911 12/18/18 10:12 Theft 2018100392 Fraud - Checks - Cards WCSOP18039669 Phone 12/24/1811:52 Theft 2018102092 Theft WCSOP18040336 Phone Theft; Dispatch - CAD Total: 1 12/08/18 12:44 Theft; Dispatch - CAD 2018097490 Suspicious - Circumstances WCSOP18038522 Phone Theft - Gas Drive Off Total: 12 12/02/18 13:29 Theft - Gas Drive Off 2018095848 Theft - Gas Drive Off WCSOP18037876 Phone 12/04/18 19:49 Theft - Gas Drive Off 2018096480 Civil Complaint WCSOP18038134 Phone 12/13/18 13:37 Theft - Gas Drive Off 2018098901 Civil Complaint WCSOP18039094 Phone 12/14/18 16:52 Theft - Gas Drive Off 2018099271 Theft - Gas Drive Off WCSOP18039248 Phone 12/17/18 22:11 Theft - Gas Drive Off 2018100286 Theft - Gas Drive Off WCSOP18039630 Phone 12/18/18 07:33 Theft - Gas Drive Off 2018100354 Theft - Gas Drive Off WCSOP18039653 Phone 12/21/18 15:28 Theft - Gas Drive Off 2018101335 Theft - Gas Drive Off WCSOP18040042 Phone 12/22/18 17:04 Theft - Gas Drive Off 2018101618 Theft - Gas Drive Off WCSOP18040145 Phone 12/24/18 10:30 Theft - Gas Drive Off 2018102079 Civil Complaint WCSOP18040329 Phone 12/27/18 20:42 Theft - Gas Drive Off 2018103009 Theft - Gas Drive Off WCSOP18040714 Phone 12/31/18 06:59 Theft - Gas Drive Off 2018103867 Theft - Gas Drive Off WCSOP18041050 Phone 12/31/18 11:30 Theft - Gas Drive Off 2018103916 Civil Complaint WCSOP18041069 Phone Theft - Gas Drive Off; Dispatch - CAD Total: 3 12/01/18 08:22 Theft - Gas Drive Off; 2018095501 Theft - Gas Drive Off WCSOP18037714 Phone 12/02/18 10:49 Theft - Gas Drive Off; 2018095816 Theft - Gas Drive Off WCSOP18037865 Phone 12/14/18 12:03 Theft - Gas Drive Off; 2018099174 Civil Complaint WCSOP18039211 Phone Theft - Shoplifting Total: 12 12/02/18 15:15 Theft - Shoplifting 2018095874 Theft - Shoplifting WCSOP18037888 Phone 12/03/18 15:31 Theft - Shoplifting 2018096118 Theft - Shoplifting WCSOP18037999 Phone 12/06/18 12:53 Theft - Shoplifting 2018096930 Theft - Shoplifting WCSOP18038306 Phone 12/06/18 16:40 Theft - Shoplifting 2018097019 Theft - Shoplifting WCSOP18038338 Phone 12/08/18 17:01 Theft - Shoplifting 2018097551 Theft - Shoplifting WCSOP18038544 Phone 12/15/18 16:43 Theft - Shoplifting 2018099634 Theft - Shoplifting WCSOP18039378 Phone 12/19/18 14:33 Theft - Shoplifting 2018100761 Theft - Shoplifting WCSOP18039805 Phone 12/20/18 08:32 Theft - Shoplifting 2018100946 Theft - Shoplifting WCSOP18039884 Phone 12/21/18 18:53 Theft - Shoplifting 2018101388 Suspicious - Circumstances WCSOP18040068 12/22/18 14:07 Theft - Shoplifting 2018101581 Theft - Shoplifting WCSOP18040132 Phone 12/23/18 15:09 Theft - Shoplifting 2018101853 Theft - Shoplifting WCSOP18040245 Phone Made by 'U=RCHER. Agenda Page 86 Page 9 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/29/18 17:59 Theft - Shoplifting 2018103535 Theft - Shoplifting WCS0P18040921 911 Theft; Theft - Shoplifting Total: 1 12/23/18 18:28 Theft; Theft- Shoplifting 2018101911 Theft WCS0P18040264 Phone Threats Total: 2 12/14/1813:04 Threats 2018099194 Threats WCS0P18039216 911 12/22/1819:43 Threats 2018101659 Harassment WCS0P18040161 911 Traffic - Complaint Total: 7 12/01/1811:49 Traffic - Complaint 2018095553 Traffic - Complaint WCS0P18037733 Phone 12/02/18 20:45 Traffic - Complaint 2018095953 Traffic - Complaint WCS0P18037917 911 12/04/18 22:32 Traffic - Complaint 2018096531 Traffic - Complaint WCS0P18038147 Phone 12/08/18 14:34 Traffic- Complaint 2018097514 Traffic- Complaint WCS0P18038529 Phone 12/09/18 21:49 Traffic - Complaint 2018097882 Traffic - Complaint WCS0P18038676 Phone 12/15/18 18:26 Traffic- Complaint 2018099667 Traffic- Complaint WCS0P18039387 911 12/16/18 11:25 Traffic - Complaint 2018099842 911 Traffic - Hazard Total: 1 12/08/18 13:28 Traffic - Hazard 2018097501 Traffic - Hazard WCS0P18038524 Phone Traffic Stop Total: 150 12/01/18 13:56 Traffic Stop 2018095584 Officer 12/01/18 18:11 Traffic Stop 2018095675 Officer 12/01/18 18:56 Traffic Stop 2018095689 Officer 12/02/18 18:26 Traffic Stop 2018095921 Traffic Stop WCS0P18037905 Officer 12/03/18 15:00 Traffic Stop 2018096106 Officer 12/03/18 15:13 Traffic Stop 2018096112 Officer 12/03/18 18:42 Traffic Stop 2018096165 Officer 12/03/18 21:12 Traffic Stop 2018096209 Officer 12/03/18 21:13 Traffic Stop 2018096210 Officer 12/03/18 21:33 Traffic Stop 2018096219 Officer 12/03/18 21:45 Traffic Stop 2018096224 Officer 12/03/18 22:55 Traffic Stop 2018096235 Officer 12/04/18 19:09 Traffic Stop 2018096467 Officer 12/04/18 19:32 Traffic Stop 2018096473 12/04/18 20:03 Traffic Stop 2018096484 Officer 12/05/18 13:04 Traffic Stop 2018096655 Officer 12/05/18 22:25 Traffic Stop 2018096792 Officer 12/06/18 14:46 Traffic Stop 2018096960 Officer 12/06/18 15:04 Traffic Stop 2018096968 Traffic Stop WCS0P18038319 Officer 12/06/18 16:03 Traffic Stop 2018096999 Officer 12/06/18 19:49 Traffic Stop 2018097067 Officer 12/06/18 20:38 Traffic Stop 2018097080 Officer 12/06/18 20:56 Traffic Stop 2018097088 Officer 12/06/18 21:06 Traffic Stop 2018097091 Officer 12/06/18 23:17 Traffic Stop 2018097111 Officer 12/07/18 00:41 Traffic Stop 2018097123 Officer 12/07/18 03:11 Traffic Stop 2018097131 Drugs WCS0P18038381 Officer Made by ZUERCHER Agenda Page 87 Page 10 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/07/18 06:23 Traffic Stop 2018097139 Officer 12/07/18 07:43 Traffic Stop 2018097152 Officer 12/07/18 12:48 Traffic Stop 2018097220 Officer 12/07/18 16:28 Traffic Stop 2018097270 Officer 12/07/18 17:01 Traffic Stop 2018097273 Traffic Stop WCSOP18038450 Officer 12/07/18 22:29 Traffic Stop 2018097366 Officer 12/07/18 22:54 Traffic Stop 2018097376 Traffic Stop WCSOP18038482 Officer 12/07/18 23:24 Traffic Stop 2018097385 Officer 12/07/18 23:41 Traffic Stop 2018097389 Officer 12/08/18 00:48 Traffic Stop 2018097409 Officer 12/08/18 09:40 Traffic Stop 2018097451 Officer 12/08/18 13:03 Traffic Stop 2018097494 Officer 12/08/18 13:12 Traffic Stop 2018097497 Officer 12/08/18 17:03 Traffic Stop 2018097553 Officer 12/08/18 19:10 Traffic Stop 2018097579 Officer 12/08/18 23:34 Traffic Stop 2018097653 Officer 12/09/18 19:21 Traffic Stop 2018097854 Officer 12/09/18 23:43 Traffic Stop 2018097903 Officer 12/10/18 00:13 Traffic Stop 2018097906 Traffic Stop WCSOP18038686 Officer 12/10/18 00:48 Traffic Stop 2018097909 Officer 12/10/18 01:35 Traffic Stop 2018097914 Traffic Stop WCSOP18038687 Officer 12/10/18 03:17 Traffic Stop 2018097926 Officer 12/11/18 15:59 Traffic Stop 2018098351 Traffic Stop WCSOP18038880 Officer 12/12/18 06:10 Traffic Stop 2018098505 Officer 12/12/18 11:32 Traffic Stop 2018098592 Traffic Stop WCSOP18038968 Officer 12/12/18 17:14 Traffic Stop 2018098678 Traffic Stop WCSOP18039002 Officer 12/13/18 00:14 Traffic Stop 2018098777 Officer 12/13/18 01:08 Traffic Stop 2018098782 Officer 12/13/18 01:34 Traffic Stop 2018098786 Officer 12/13/18 17:14 Traffic Stop 2018098961 Officer 12/13/18 18:38 Traffic Stop 2018098986 Officer 12/13/18 18:53 Traffic Stop 2018098990 Officer 12/13/18 20:01 Traffic Stop 2018099005 Officer 12/14/18 07:41 Traffic Stop 2018099105 Traffic Stop WCSOP18039178 Officer 12/14/18 12:07 Traffic Stop 2018099176 Officer 12/14/18 13:34 Traffic Stop 2018099208 Officer 12/14/18 15:31 Traffic Stop 2018099242 Traffic Stop WCSOP18039235 Officer 12/14/18 16:03 Traffic Stop 2018099255 Traffic Stop WCSOP18039242 Officer 12/14/18 17:33 Traffic Stop 2018099283 Traffic Stop WCSOP18039251 Officer 12/14/18 17:47 Traffic Stop 2018099287 Traffic Stop WCSOP18039252 Officer 12/14/18 22:07 Traffic Stop 2018099380 Officer 12/14/18 23:16 Traffic Stop 2018099404 Officer 12/15/18 00:44 Traffic Stop 2018099431 Officer 12/15/18 01:14 Traffic Stop 2018099441 Officer 12/15/18 01:27 Traffic Stop 2018099443 Officer 12/15/18 01:46 Traffic Stop 2018099448 Officer 12/15/18 02:00 Traffic Stop 2018099453 Officer Made by ZUERCHER Agenda Page 88 Page 11 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/15/18 10:48 Traffic Stop 2018099522 Officer 12/15/18 14:04 Traffic Stop 2018099589 Officer 12/15/18 19:28 Traffic Stop 2018099683 Officer 12/15/18 19:39 Traffic Stop 2018099689 Officer 12/15/18 22:53 Traffic Stop 2018099755 Officer 12/15/18 23:23 Traffic Stop 2018099762 Officer 12/16/18 15:01 Traffic Stop 2018099890 Officer 12/16/18 15:36 Traffic Stop 2018099899 Officer 12/16/18 17:44 Traffic Stop 2018099937 Traffic Stop WCSOP18039488 Officer 12/17/18 02:54 Traffic Stop 2018100029 Officer 12/17/18 02:59 Traffic Stop 2018100031 Drugs WCSOP18039515 Officer 12/17/18 08:08 Traffic Stop 2018100068 Officer 12/17/18 08:14 Traffic Stop 2018100071 Traffic Stop WCSOP18039536 Officer 12/17/18 22:17 Traffic Stop 2018100289 Officer 12/18/18 00:17 Traffic Stop 2018100313 Officer 12/18/18 09:29 Traffic Stop 2018100378 Traffic Stop WCSOP18039662 Officer 12/18/18 15:43 Traffic Stop 2018100500 Officer 12/18/18 16:08 Traffic Stop 2018100511 Officer 12/18/18 16:08 Traffic Stop 2018100512 Officer 12/18/18 22:55 Traffic Stop 2018100604 Officer 12/19/18 00:30 Traffic Stop 2018100618 Officer 12/19/18 07:44 Traffic Stop 2018100664 Traffic Stop WCSOP18039766 Officer 12/19/18 15:36 Traffic Stop 2018100777 Officer 12/19/18 15:44 Traffic Stop 2018100780 Officer 12/19/18 16:16 Traffic Stop 2018100789 Officer 12/19/18 22:22 Traffic Stop 2018100885 Traffic Stop WCSOP18039854 Officer 12/20/18 14:45 Traffic Stop 2018101021 Officer 12/20/18 16:51 Traffic Stop 2018101057 Officer 12/20/18 19:52 Traffic Stop 2018101115 Officer 12/20/18 20:02 Traffic Stop 2018101121 Officer 12/20/18 20:44 Traffic Stop 2018101133 Officer 12/21/18 20:46 Traffic Stop 2018101428 Officer 12/21/18 23:26 Traffic Stop 2018101480 Officer 12/22/18 02:54 Traffic Stop 2018101511 Officer 12/22/18 14:53 Traffic Stop 2018101596 Officer 12/22/18 16:48 Traffic Stop 2018101614 Officer 12/22/18 16:55 Traffic Stop 2018101616 Officer 12/22/18 17:12 Traffic Stop 2018101619 Traffic Stop WCSOP18040146 Officer 12/22/18 17:37 Traffic Stop 2018101625 Officer 12/22/18 17:51 Traffic Stop 2018101627 Officer 12/22/18 21:24 Traffic Stop 2018101684 Officer 12/23/18 14:07 Traffic Stop 2018101832 Officer 12/23/18 15:00 Traffic Stop 2018101848 Parking WCSOP18040243 Officer 12/23/18 21:49 Traffic Stop 2018101975 Officer 12/24/18 02:11 Traffic Stop 2018102026 Officer 12/24/18 15:10 Traffic Stop 2018102132 Traffic Stop WCSOP18040353 Officer 12/24/18 15:55 Traffic Stop 2018102146 Officer Made by ZUERCHER. Agenda Page 89 Page 12 of 13 Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported 12/24/18 16:02 Traffic Stop 2018102148 Officer 12/24/18 18:18 Traffic Stop 2018102178 Officer 12/24/18 18:42 Traffic Stop 2018102184 Traffic Stop WCSOP18040379 Officer 12/24/18 21:31 Traffic Stop 2018102224 Officer 12/24/18 21:33 Traffic Stop 2018102226 Officer 12/24/18 21:43 Traffic Stop 2018102229 Officer 12/24/18 23:09 Traffic Stop 2018102253 Officer 12/24/18 23:18 Traffic Stop 2018102254 Drugs WCSOP18040402 Officer 12/24/18 23:21 Traffic Stop 2018102257 Officer 12/25/18 17:23 Traffic Stop 2018102368 Officer 12/26/18 02:58 Traffic Stop 2018102469 Officer 12/26/18 15:33 Traffic Stop 2018102607 Officer 12/27/18 02:03 Traffic Stop 2018102735 Officer 12/27/18 06:57 Traffic Stop 2018102766 Officer 12/27/18 09:33 Traffic Stop 2018102799 Officer 12/27/18 14:27 Traffic Stop 2018102876 Officer 12/27/18 14:33 Traffic Stop 2018102881 Officer 12/28/18 04:31 Traffic Stop 2018103089 Traffic Stop WCSOP18040751 Officer 12/28/18 21:02 Traffic Stop 2018103327 Officer 12/28/18 22:26 Traffic Stop 2018103351 Traffic Stop WCSOP18040849 Officer 12/29/18 01:17 Traffic Stop 2018103385 Officer 12/29/18 01:56 Traffic Stop 2018103393 Officer 12/29/18 02:08 Traffic Stop 2018103396 Officer 12/29/18 21:01 Traffic Stop 2018103568 Officer 12/30/18 10:19 Traffic Stop 2018103671 Officer 12/30/18 16:44 Traffic Stop 2018103744 Traffic Stop WCSOP18040994 Officer 12/30/18 18:24 Traffic Stop 2018103763 Officer 12/31/18 14:20 Traffic Stop 2018103950 Officer 12/31/18 16:40 Traffic Stop 2018103990 Officer Vehicle Off Road Total: 9 12/01/18 16:47 Vehicle Off Road 2018095639 Vehicle Off Road WCSOP18037764 Phone 12/01/18 16:49 Vehicle Off Road 2018095641 Vehicle Off Road WCSOP18037763 12/01/18 16:56 Vehicle Off Road 2018095645 Vehicle Off Road WCSOP18037767 Phone 12/01/18 17:05 Vehicle Off Road 2018095650 Phone 12/01/18 17:39 Vehicle Off Road 2018095659 Vehicle Off Road WCSOP18037777 Phone 12/02/18 14:29 Vehicle Off Road 2018095859 Vehicle Off Road WCSOP18037882 911 12/04/18 17:37 Vehicle Off Road 2018096437 Vehicle Off Road WCSOP18038122 Phone 12/12/18 07:27 Vehicle Off Road 2018098524 Motorist Aid WCSOP18038935 911 12/30/18 23:19 Vehicle Off Road 2018103816 Vehicle Off Road WCSOP18041019 Phone Warrant - Attempt Total: 3 12/28/18 19:06 Warrant - Attempt 2018103297 12/28/18 19:19 Warrant - Attempt 2018103301 12/28/18 22:17 Warrant - Attempt 2018103346 Officer Total Records: 483 ZUERCHEIS Agenda Page 90 Page 13 of 13