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1999-12-20 CC PacketALBERTVILLE CITY COUNCIL AGENDA December 20,1999 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES December 6,1999, regular City Council Meeting 3. CITIZEN FORUM — (10 Minute Limit) 4. CONSENT AGENDA (a) Approval of Checks (b) Financial Statement (November 1999) (c) Approve reduction in Letter of Credit for Cedar Creek South and Cedar Creek South 3rd Additions too $75,000 (d) Approve reduction in Letter of Credit for Karston Cove to $26,000 (e) Approve reduction in Letter of Credit for Cedar Creek North 2nd Addition to $41,000 (f) Approve 2000/2001 contract for police services with Wright County (g) Authorize payment of all just claims prior to December 31, 1999 (h) Reschedule second regular City Council meeting in January from January 17tb to January 180' due to Martin Luther King Day legal holiday (i) Approve Y2K Expanded Coverage Quotation in the amount of $469 0) WWTF Monthly Operations Report (November 1999) 5. DEPARTMENT BUSINESS a. Public Works 0 Report ALBERTVILLE CITY COUNCIL 4144400 December 6, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Patti Stalberger, and John Vetsch, City Engineer Pete Carlson, and City Administrator - Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: • Resolution # 1999-62 (A Resolution Acknowledging Resignation of City Council Member Patricia Stalberger and Declaration of Vacancy) • Resolution #1999-63 (A Resolution to Appoint a City Council Member) • Item 5e(10) — Change Order #7 for the Fire Hall adding three additional key pads for burglar alarm • Item 5e(11) — Appoint Acting Mayor Gundersen made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1999-62 titled A RESOLUTION ACKNOWLEDGING RESIGNATION OF CITY COUNCIL MEMBER PATRICIA STALBERGER AND DECLARATION OF VACANCY. Vetsch seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1999-63 titled A RESOLUTION TO APPOINT A CITY COUNCIL MEMBER appointing Patricia Stalberger to serve as Councilmember until her move from the City at the end of the year. Vetsch seconded the motion. All voted aye. Stalberger made a motion to approve the minutes of the November 15, 1999, meeting as presented. Gundersen seconded the motion. All voted aye. The minutes of the November 23, 1999, special meeting were amended by changing the start time of the meeting to 6:00 PM. Stalberger made a motion to approve the minutes as amended. Vetsch seconded the motion. All voted aye. Stalberger made a motion to approve the minutes of the December 1, 1999, Truth in Taxation Hearing as presented. Gundersen seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL December 6, 1999 Page 2 of 4 Mayor Olson asked if anyone present wished to address the Council. No one in the audience addressed the Council. Stalberger made a motion to approve payment of Check Ws 12432 — 12490 as presented. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve the Financial Statement for the month of October as presented. Gundersen seconded the motion. All voted aye. Stalbergher made a motion to approve a reduction in the Letter of Credit for Center Oaks 4t Addition to $35,000. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve a reduction in the Letter of Credit for Center Oaks 2nd and P Additions to $27,000. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve the WWTF Monthly Operations Report for the month of October as presented. Gundersen seconded the motion. All voted aye. The Planning & Zoning Commission has conducted a public hearing on Dennis Fehn's request to amend his PUD Agreement to allow him to construct a 45' X 82" building upon his property located at the intersection of 50th Street and Barthel Industrial Drive and to add a 20' X 24' addition to the office building. City Attorney Couri has drafted a proposed amendment to the Fehn PUD Agreement allowing the construction as requested but withholding occupancy approval until all conditions of the PUD Agreement are met. Vetsch made a motion to adopt the Findings of Fact & Decision granting an amendment to the PUD Agreement with Dennis Fehn. Gundersen seconded the motion. All voted aye. Mooney Development Company has submitted requests for preliminary plat approval, site plan approval for a convenience store/gas station/car wash and conditional use permits to allow the gas station and car wash in a B-3 zone. All issues raised during the Planning Commission's public hearings on the development have been satisfactorily met by the developer and the Commission has recommended approval of all requests. ALBERTVILLE CITY COUNCIL December 6, 1999 Page 3 of 4 Stalberger made a motion to adopt the Findings of Fact & Decision granting preliminary plat approval for Mooney Addition. Gundersen seconded the motion. All voted aye. Stalberger made a motion to adopt the Findings of Fact & Decision granting approval of Conditional Use Permits to allow a convenience food, motor vehicle fuel sales and car wash as requested by Mooney Development Company. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve the rental of 28.2 acres of City -owned agricultural land located tot he north of the mall site to John Kolles at a cost of $1,478. Gundersen seconded the motion. All voted aye. Heidi Gilman and Gloria Balfanz addressed the Council to discuss the Shiatsu enterprise fee of $300 and to discuss what they feel are inappropriate questions on the Shiatsu Therapist application. The Council agreed to have the city attorney review the application and the fee schedule. Stalberger made a motion to prorate the shiatsu enterprise fee for the remainder of the year. Gundersen seconded the motion. All voted aye. Vetsch made a motion to accept the Public Works Department Report as presented. Stalberger seconded the motion. All voted aye. City Engineer Peter Carlson reviewed the plans and specs for the traffic light at the intersection of County Roads 19 and 37. The plans call for a protected left turn signal. Maintenance of the traffic light is the City's responsibility, however, most small cities contract with MNDOT for the maintenance of traffic lights. The Council directed Carlson to contact MNDOT regarding the costs of a maintenance agreement for the traffic light. Stalberger made a motion to approve the plans and specs for the CSAH 19/37 traffic light. Gundersen seconded the motion. All voted aye. Stalberger made a motion authorizing the sale of the rescue vehicle through sealed bids. Vetsch seconded the motion. All voted aye. Stalberger made a motion to adopt RESOLUTION #1999-58 titled A RESOLUTION ACKNOWLEDGING RESIGNATION OF CITY COUNCIL ALBERTVILLE CITY COUNCIL December 6, 1999 Page 4 of 4 MEMBER DUANE BERNING AND DECLARATION OF VACANCY. Gundersen seconded the motion. All voted aye. Gundersen made a motion to appoint Gary McCormack to the City Council with the adoption of RESOLUTION #1999-59 titled A RESOLUTION TO APPOINT A CITY COUNCIL MEMBER. Vetsch seconded the motion. All voted aye. Vetsch made a motion to support Rivers of Hope by contributing $400 for the year 2000. Stalberger seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1999-60 titled A RESOLUTION ADOPTING THE FINAL 1999 TAX LEVY COLLECTIBLE IN 2000. Stalberger seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #1999-61 titled A RESOLUTION ADOPTING THE 2000 FINAL BUDGET. The Council will establish employee wages at the next meeting. Stalberger seconded the motion. All voted aye. Stalberger made a motion to approve Change Order #7, authoring the installation of three additional key pads for the new fire hall at a cost of $1,743.99. Gundersen seconded the motion. All voted aye. Vetsch made a motion to appoint Bob Gundersen as Acting Mayor. Stalberger seconded the motion. All voted aye. Stalberger made a motion to adjourn at 8:40 PM. Gundersen seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE FINANCIAL STATEMENT November 1- November 30,1999 Beginning Cash Balance November 1,1999 $1689940.92 Income: Assessment Payoffs 7,574.81 Building Permits 40,197.70 Business Licenses 50.00 Donations (Lions) 5,000.00 Fire Aid 14,482.52 Interest 6,471.37 Liquor Licenses 1,500.00 Loan Repayment 689.06 Meter Sales 400.00 Park Dedication Fees 78,656.00 Park Rent 200.00 PID/Legal Descriptions 20.00 Planning Fees 3,000.00 Recyling Incentives 1,866.00 Sign Permits 150.00 Title Search 80.00 Utility Bills 11,364.62 Miscellaneous 350.33 Total Income 1729052.41 Transfer in from Savings Account 4009000.00 Expenses: Check Ws 12312 - 12365 439,553.54 (Approved 11/1/99) Check #'s 12370-12408 99,327.07 (Approved 11/15/99) Preapproved Checks 9,205.75 Total Expenses 548,086.36 Ending Cash Balance November 30,1999 $1929906.97 INVESTMENTS CD #9226 - Development Corporation — matures 12/18/99 8,155.35 CD #300373 -- (AFD) matures 12/30/99 21801.74 CD #22202 -- matures 4/7/00 @ 5.15% 626,616.61 Dain Bosworth Investments (11/30/99) 1,310,424.38 TOTAL EWESTMENTS $1,966,998.08 Money Market Savings Account (11/30/99) $1,201,834.35 12/10/99 07:27 FAX 320 253 1002 SEH.RCM ST CIOUD ALBERTVILI AAW MEMOI , . 2511002 FAX TO: Linda Goeb City Administrator AlbertviUe, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: December 16, 1999 RE Letter of Credit Reduction Cedar Creek South and Cedar Creek South 3rd SEH No. A-ALBEV"09.00 14.00 I have reviewed the work ccxnpleted to date and recommend the surety for Cedar Creek South and Cedar Creek South 3rd Addition be reduced to no less than$75,000. c: Mike Couri, City Attorney , Don Jensen, Pilot Land Development Meyer-Rohlin Mike Czech, SEH Shc t Elliott Hendrickson Inc. Otis located throughout the Upper Midwest Equal Opportunity Employer We helpyou plan, design, and achieve 12/16/99 07t26 FAX 320_253 1002 SEH.RCM ST CLOUD + ALBER'TVTLLE M MOR V—Gn TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: December 16, 1999 RE: Letter of Credit Reduction Marston Kove Albertville, Minnesota SEH No. A-ALBEV9810.00 14.00 I have reviewed the work completed to date and recommend the surety for Karston Kove be red4ced to no less than $26,000. This amount represents 5 percent of the construction cost of this Project, it is the City's policy to maintain 5 percent in the letter of credit in the second year following completion of the work. There should be no further reduction of this letter of credit until October 2000. c: 'Mike Couri, City Attorney Don Jensen, Pilot Land Development Westwood Engineering Mike Czech, SEH GA0?M EMCAR? S0MaAMTON.WPD Short Not Hendrickson Inc. Offices located throughout the Upper Must Equal Opportunity Employer We help you plan, design, and achieve 12/16/99 07:25 FAX 320 253 1002 SEH.RCM ST CLOUD ALBERTVILLE MEMORA TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, Pam. City Engineer , DATE: December 16, 1999 RE: Letter of Credit Reduction Cedar Crook North 2nd Addition SEH No. A-ALHEV0001.00 D25 Previewed the work completed to date and recommend the surety for Cedar Creek North 2nd; Addition be reduced to no less than $41,000. This amount represents 5 percent of the construction cast of this project. It is the City's policy to maintain 5 percent in the letter of credit in the second year following completion of the work. There should be no further reduction of this letter of credit until October 2000. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development Meyer-Rohlin Mike Czech,'SEH 0:%*F4SRWanrs0. $hurt ERkM Hendrickson Inc. Offices bcated throughout the Upper Midwest Equal opportunity Employer We helpyou plan, design, and ackfeve I WA 11 M W I a E-91 R �Wu - t: 3 a KQ Lem, THIS AGREEMENT, made and entered into this day of , 1999, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF ALBERTVILLE hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as wellas all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. TheMunicipality shall be responsible for enforcement of the Municipal Zoning Cale, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County: 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 2000 to December 31, 2001. 8. The Municipality agrees to pay to the County the sum of $38.25 per hour for law enforcement protection during the calendar year 2000 and $40.00 per hour during the calendar year 2001 If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 2 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10.The number of hours of service to be provided pursuant to this contract are as follows: 8 hours y 2.928 hours annually in 2000: and 8 -hours ner day - 22,920 hours annually in 200 and shall provide 24-hour call and general service The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 3 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: Mayor ATTEST: Clerk WRIGHT COUNTY COMMISSIONERS: Dated: Pat Sawatzke, Chairperson ATTEST: Richard W. Norman County Coordinator Dated: Donald Hozempa Wright County Sheriff Approved as to form and, execution: Tom Kelly, Wright County Attorney C:\DATA\WPWIN\LAWENFCO\LAWENFAL. 4 145 University Avenue West, St. 1; Phone: (651) 281-1:4uv t..,.., TDD (651) 281-1290 .f� e LMC Fax: (651) 281-1299 • LMCIT Fax: (651) 281-1298 C ` L from "VAN= IV Site: http://www.lmnc.mV LMCIT Y2K EXPANDED COVERAGE QUOTATION COVERAGE IS NOT BOUND UNTIL YOUR AGENT RECEIVES CONFIRMATION IN WRITING FROM BERKLEY RISK ADMINISTRATORS COMPANY, LLC. To: City: Albertville Minnesota Attn: Linda Goeb P.O. Box 9 Albertville, MN 55301 cc: Agent: Middleton & Associates Insurance Agency 13 Central Avenue P.O. Box 240 St. Michael, MN 55376 0249 Coverage period: from October 1,1999 to October 1, 2000 Premium: $ 469 *IF BOUND, DO NOT PAYNOW. ADDITIONAL PREMIUM WILL BE BILLED AT EXPIRATION OF CURRENT COVENANT PERIOD. Effective Date of Endorsement The date that LMCIT receives a request to bind coverage: Coverage period: from October 1, 2000 to October 1, 2001 Premium: To Be Determined Coverages: The limits of coverage for year 2000 Extra Expense provided by the Municipal Property Coverage are increased to $25,000 Per Occurrence/Annual Aggregate and the limits of coverage for Year 2000 Claims provided by the Comprehensive Municipal Coverage are increased to $750,000 Per Claim4750,000Annual Aggregate for each Coverage Period stated above. Don Daraskevkh December 14,1999 Underwriter Date AN EQUAL OPPORTUNrrY/AFFIRMATIVE ACTION EMPLOYER' Albertville Wastewater Treatment Facility An Affiliate of UI�E�DV Monthly Operations Repoli November 1999 Submitted by Kelly BrovAing Project Manager Date: 12-11L, Ill ALBERTVILLE WASTEWATER TREATMENT FACILTI'Y Monthly Operations ft2rt November 1999 Executive Snmaeary Albertville met all of its NPDES permit requirements for the month of November. Average daily flow into the trcatinent plant was 0.242 million gallons per day. Average biochemical oxygen demand in the effluent was 6.6 mg/l and total suspended solids was 27.0 mg/L Average phosphorous in the effluent was O.S. This improvement in the effluent phosphorous is a result of being able to switch to ferric chloride after the end of Odober. Disinfection season is now over for this calendar year. In early December, the phosphorous levels have increased to 0.8 mg/1. We have since increased the ferric feed rate as high as possible. We are also at near capacity of flow into the treatment plant. Pond 3 draining was put on hold until the compliance rues and pump repairs were worked out. We are now at a point where some decisions by the City Council will need to be made regarding this draining of Pond 3. Performed all required permit sampling and analysis. Degreasers are still being used at DJ's lift station and having good success. Ran quarterly QA/QC unknown samples through APG. Phosphorous levels, as mentioned above, have come down to within limits. Ferric feed rate has been wed, however, due to the phosphorous levels creeping up in early December. Maintenance Completed monthly preventative maintenance work orders. Cleated W system. _ Greased all aerators. Cleaned clarifier weirs and trough. Replaced temporary ferric line with permanent. Clarifier phase monitor blew. Replaced phase monitor and changed wiring. Had six -year maintenance performed on fire extinguishers. Bad battery replaced in DJ's lift station dialer. Cleaned circuit board. MAX Performed safety traltung on the following: • Vehicle chocking. • Alcohol / drug use. • Cold stress prevention. RUMIRIM CoMU,WkIHorts Monthly NPUFS disc:liarge monitoring report submitted to the MPCA. Regular communication are maintained between PSG and Cry staff. PSG staff began working with John, new City operator, in early December. Welcome, John1 Firmicial report reflects all activity in the budget year. The financial does not reflect November bills paid in December. Anlc NPDES Discharge Monitoring Report DMR Addendum's Client Status Report c a x wa O Z W� z w -2 S '0 z t Z lg� ww A uj- 0. W z z 0 0 0 (on eQ L) ta > M Q0 uj c 0 � \ a— 0 \ c 0 \ X. x C4 x N x C4 U) tu lu Ix ul co > 0 • tu > lu uj x ui , O C3,•0 0 CL LU LL 0 LL, z :I Q Ica V 9 0 0 (A A CF aLO C. X o 8 CL lit y W� Itu N Nl S' m W'4� a c s 0 g r Z w� O:c t Nix1-0 � 1�z w".. o, ao a 1 w z LU J as 3v LO K LL • a • tu w o a f o R d a Z 0. > m cc w c C ; az_ o m pay m a U. to U) a a :4 �7 C a x Y x L C > o r K c 'e a f i i cr G a c e a c 3 c � - c z c r z. 0 a w'Q2 Z U ' P w at W to o ul� H aC~ Z a2 a uW a 4' Q Z u f C F U C C rn a f C a W c u u c U W W J a _Z w IL LL O w ac a yM 3ISEE e Ins �W a z x•. �e �.o oc SE 00 G H fir... 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P p P Ld T88 Run SOD 1,nr90 11i?18O 11/3/9w 11W90 »tars9 ,1I810O, nrn90 11 11/WgO 1lnars9 11111/00 11111�00 _ »nara� I U1400 111161" 11n 11117/80 _ 0.5 0.4 OILS 06.3 11l10j99 11/10100 IIA"0p i imi00 _1112?!00 11i2480' IMAM 0.5 0.6 93.7 96.6 iti25190 11r26Ni9 11i27f� 1112499 11T2486 11 j'9QW Avow* 0.6 0.5 91.1 00.4 TOW 1.1 1.0 182.2 1029 Mirdmum 0.5 0.4 06.5 96.3 K40dnnm 0.6 0.6 99.7 98.6 a• fern x IS b 12/1M 12 I A AM Pond Observatim Report AlbwtWk WWVrF I III= TO 1 U30188 Page 1 Owe Pi i i/10l99 2 0 0 6.37 2 5 0 8 11/17fip 2 0 0 8.36 2 5 0 6 11124M 2 0 0 6.36 2 5 0 6 A 2 0 0 6.30 2 S 0; tf ¢i Odars Pt Aq PI Pt Mats P1 Depth Pt Rodents Pt Dace Co P11ce t:ov Pi Area 1 12no X► 96 oovera Ft 1 l2no 1.6 96 co�rora was 12/1/9012:21:.55 AM Pond Observadon Report AbertvRe VWVTF Page 2 1111M TO 11130M Ode P2 Odom P2 Aq PI P2 Mob P2 Depth P2 Rodents P2 Me Co P2 We Cov P2" f 12+no 9i' 96 opywate Ft 1 / 2no 1-5 96 cowry awn - 11103l09 2 0 0 0.32 2 5 0 6 ii110l98 2 _ O 0 6.32 2 5 0 6 t ii17108 2 0 0 0.32 2 5 0 6 11rAm 2 0 0 6.34 2 5 0 6 I�weniQe 2 0 0 6.33 2 5 0 8 12flM 12.21:55 AM Pond Oboe Report Page 3 AbwNb VWWTF l illm TO 11/30/s8 Dote P3 Odom P3 Aq Pt P3 Mks P3 DWh P3 Rodenb P3 tMce Co P3 Ice Gar P3Area---] nrwrw z u 11NOA9 2 0 11117M 2 0 11124M 2 0 AwaOe 2 0 0 4.31 0 4.36 0 4.32 0 4.32 19' 0 4.31 0 4.36 0 4.32 0 4.32 19' AEGIS %CR109PSG PROFESSIONAL SERVICES GROUP, INC. DATE 12/04/99 PAGE 1 MONTHLY CL I ENT RE PORT TIME 2:01 PM THROUGH PERIOD 13-99, ENDING 11/26/99 PROJECT NMI (no) KELLY BR0MNING DISTRICT MGR: M S PEG BECKER Project: C9241.A ALBERTVILLE NN REGIONAL MGR: NAC HILL COLEMAN Start Date-. 01/01/99 End Date: 12/31/99 PROJECT MGR: KLB BELLY BROWNING TOTAL ----- CURRENT PERIOD --•---- ------ ,PROJECT TO DATE •�««: BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Labor and Benetits 30,246 3,171 2,353 (810) 35,735 27,009 (70846) Electricity 11,683 382 935 552 10,228 10,735 506 Other Utilities 2,190 0 0 0 1,032 1,000 767 Chemicals 12,414 1,552 444 (11108) 13,600 10,945 (2,655) Maintenance and Repairs 020 43 69 26 1,013 759 Equipment Rental 10011 361 84 (277) 1,993- 924 (1(254) ,069) Outside Services 6,103 001 480 (313) 5,685 5,616 (69) Travel and Meals 744 0 62 62 332 682 349 All Other 5,920 266 493 226 6,219 5,423 (796) Allocations and Scope Adjustments 11195 78 100 21 2,597 1,100 (1,497) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 72,334 6,657 5,029 (1,629) 78,438 65,873 (12,565) BASE FEE 21,540 1,795 1,795 0 19,745 - 19,745 0 TOTAL PROJECT" 93,074 8,452 6,623 (1,629) 98,183 05,618 (12,565) AEGIS ICRI09PSG PROE'EBSICNAL SERVICES GROUP, INC. DATE 12/04/99 PAGE 2 m 0 N T H L Y CL I ENT REPORT TIME 2.01 PH THROUGH PERIOD 13-99, ENDING 11/26/99 PROJECT NOR: (KLB) KELLY BROWNING DISTRICT MGR: MMB PEA BECKER Project. C9241.R ALBERTVILLE BN R&R REGIONAL MR. NAC BILL Comm* start Date. 01/01/99 End Date: 12/31/99 PROJECT HGR: KLB KELLY BROWNING TOTAL ....... CURRENT PERIOD ...-... •••••• PROJECT TO DATE •�••••� BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Chemicals 0 0 0 0 1,792 0 (1,792) Maintenance and Repairs 4,020 3,196 335 (2,961) 13,283 3,685 (10,098)' Outside Services 0 0 0 0 375 0 (375) All Other 0 87 0 (87) 230 0 (230) Overhead 0 0 0 0 0 0 0 TOTAL DIRECT COST 4,020 3,203 335 (2,948) 16,181 3,685 (12,496) BASE FEE 0 0 0 0 0 0 0 TOTAL PROJECT 4,020 3,283 335 (2,948) 16,181 3,685 (12,496) A� t AEGIS #CR109P9G PROFESSIONAL SERVICES GROUP, INC. DATE 12/04/99 PAGE 3 MONTHLY C L I EN T R E PORT TIME 2:01 PH THROUGH PERIOD 13-99, ENDING 11/26/99 PROJECT MGR: (KLB) KELLY BROWNING DISTRICT MGR: MMB BEG BECKER Project: C9241.V ALBERTVILLE WATER REGIONAL MGRa KW BILL COLEMAN Start Date: 06/01/99 End Date: 12/31/99 PROJECT MGR:''KLB KELLY BROWNING TOTAL ------- CURRENT PERIOD ----••• PROJECT TO DATE ••��•�. BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Labor and Benefits 21,179 3,170 2,825 (353) 11,960 18,360 6,399 Maintenance and Repairs 0 0 0 0 526 0 (526) Equipment Rental 043 0 120 120 252 720 467 Outside Services 1,081 271 269 (2) 1,920 1,614 (306) Travel and Meals ISO 0 23 23 0 138 139 All Other 2,043 358 292 (66) 1,320 1,752 431 Allocations and Scope Adjustments 0 0 0 D 500 0 (500) Overhead 0 0 0 0. 0 0 0 TOTAL DIRECT COST 26,103 3,808 3,529 (279) 16,480 22,584 6,103 BASE FEE 9,295 1,328 1,328 0 7,968 7,968 - 0 TOTAL PROJECT 35,399 5,136 4,857 (279) 24,449 30,552 6,103 a� AEGIS Imo9PSG PROFESSIONAL SERVICES GROUP, INC. DATE 12/04/99 PAGE 4 MONTHLY CL I EN T RE PORT TIME 2:01 PM THROUGH PERIOD 13-99, ENDING 11/26/99 PROJECT MGR: (KLB) KELLY BRONNING DISTRICT MGR:"HMB PEG BECKER Project: C9241.HR ALBERTVILLE WATER RAR REGIONAL MGR: NAC BILL COLEMAN Start Date: 06/01/99 End Date: 12/31/99 PROJECT MR: KLB KELLY BRONNING TOTAL ------- CURRENT PERIOD ------- •----- PROJECT TO DATE ------- BUDGET ACTUAL BUDGETED VARIANCE ACTUAL BUDGETED VARIANCE Maintenance and Repairs 11,093 1,289 1,583 293 3,225 9,498 6,272 Overhead 0 0 0 0 0 00 TOTAL DIRECT COS? 11,003 1,289 1,503 293 3,225 9,498 6,272 BASE FEE 0 0 0 0 0 0 0 TOTAL PROJECT 11,003 1,209 1,583 293 3,225 9,490 6,272 i r City of Albertville TO: Mayor and City Council FROM: Tim Guimont, Public Works DATE: December 17, 1999 SUBJECT: PUBLIC WORKS DEPARTMENT REPORT • Parks The warming house is ready for the season. We hope to be flooding the rink the week of December 13-17, weather providing. We built and installed a sign at Westwind Park. We have ordered a sign for the Oakside Park. • Egment The bobcat was brought to Lano Equipment for excess oil use. They discovered it had some bad cylinders. Lano Equipment is installing a new engine under warranty at no charge. They have given us a loner bobcat to use until ours get fixed. The one -ton pickup and myself were involved in a minor fender -bender on 12-08-99. The other party involved in the accident admitted to be at fault. The damages to the one -ton were just over $800. TG.bmm C: Waft ' o 13-17-"dw i ALBERTVILLE BODY & FENDER COMPLETE BODY - FENDER -- REPAIRS & PAINTING P.O. BOX 85 ALBERTVILLE, MINNESOTA 55301 PHONE (612) 497-2656 BODY AND FENDER REPAIRS EXPERT REFINISHING ALL WORK GUARANTEED N"m DATE A INVOICE NO. REGISTRATION NO. DATE PHONE WANTED MO MY RATE Ovitw SUSLET RfALS � � ��. f ' .fw/t►.r► . �r► .r.. ar . J��IIII_ti�i®®®r SUBJECT TO INVOICE PRICE CHANGES, SUB TOTALS sc TAX . emmma.. r IST044WSHM AND REPAIR ORDER WRIGHT COUNTY SHERIFF'S DEPARTMENT OFF ER BADGE ICR `i -r.1e va\o4, � rACCIDENT INFORMATION i1cl o g �, L O 1 A9S BADGE Dl • Q V� TI E40 TION ROAD AND WEATHER CONDITION 10 UNIT NO.1 - VENICLIE I UNIT NO.2 • VEH 2OPEC) 081KE �IYER ICE �E U � R -1 � � �� ATEtRIVER LI NSE NUMBER - 2 � � / STAT FIRST NAME E NUMBER� �ST EET �w 1I C UIDDLE T � 0 0 t , F N NAME MIDDLE LAST V t\ 0 N N M R PN REET� o� W;, v ry C CITY � STATE ZIP COME CITY STATE ZIP CODE DATE OF BIRTH J I SEX I �AYA►s4usI P `t�. REST!! C DATE OF BIRTH _ IrAE*II N. , �* RESTRICT LASS FIRST NAME OWNER - i MIDDLE LAST F:rt NAME OWNER - 2 IDOL LAST NUMBER ANO STREET NUMBER AND STREET CITY STATE ZIP CODE CITY STATE ZIP CODE HIC E TYPE YEAR AN E ICLE 14A OR VEHICLE TYPE YEAR AND VEHICLE MAKE c9fo LJUNSE TE NO. V YEAR 00 STATE OF ISSUE O.00CUP LICENSE PLATE NO�y V V E ICL DAMAGE },, ^�! T 11 YEAR OO STATE OF ISSUE . OCCUP DIRECTION OF TRAVEL w V ICLE DA om\-q R C OF TRAVEL UNIT NO. i - VEHICLE i UNIT HO. 4 - O VEH 4 OPED [ fflKE DRIVER LICENSE STATE DRIVER LICEN NUMBER -4 STATE FIRSTI LLAST FIRSTNAME MIDDLE LAST NUMBER AND STREET NUMBER AND STREET CITY STATE ZIP CODE CITY STATE ZIP CODE DATE OF BIRTH SEX I PHONE RESTRICTIONS CLASS DATE OF BIRTH SEX PHONE RESTRICTIONS CLASS FIRST NAME OWNER - 8 MIDDLE LAST FIRST NAME OWNER - 4 MIDDLE LAST NUMBER AND STREET NUMBER AND STREET CITY STATE ZIP CODE CITY STATE ZIP CODE VEHICLE TYPE WEAR AND VEHICLE MAKE COLOR VEHICLE TYPE YEAR AND VEHICLE MAKE COLOR LICENSE PLATE NO. YEAR STATE Oft ISSUE NO. OCCUP LICENSE PLATE NO. YEAR STATE OF ISSUE NO. OCCUP VEHICLE DAMAGE DIRECTION OF TRAVEL VEHICLE DAMAGE OF TRAVEL i URED PERSONS. WITNESSES D COMMENTS: =SEN December 7, 1999 Ms. Linda Goeb City Administrator City of Albertville P.O. Box 9 Albertville, MN 55301-0009 Dear Ms. Goeb: 56 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL, MN 55110 - ­­u - JLJ­LAUD ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION RE: City of Albertville Highway 19 Interchange Study SEH No. A-ALBEV9905.01, 14 We have conducted a study which reviewed the benefit of having a full diamond interchange for I-94 at Wright County Highway 19 (CSAH 19). The interchange currently has a westbound entrance ramp and an eastbound exit ramp. The study analyzed the traffic impact of adding the eastbound entrance ramp and the westbound exit ramp. Three scenarios were included in the analysis: 1. The existing half diamond interchange without the Minneapolis Factory Shoppes (outlet center). 2. The existing half diamond interchange with the outlet center. 3. A full diamond interchange with the outlet center. Additionally, we were asked to review the necessity of signalizing intersection of CSAH 19 and Wright County Highway 37 (CSAH 37) and the intersection of CSAH 37 and the I-94 westbound ramps. TRAFFIC IMPACT The Average Daily Traffic (ADT) volumes for the year 2000 from the traffic report for the Indirect Source Permit (ISP), prepared by Benshoof and Associates, (Benshoof) were used for this study. The study provided ADTs for the first two scenarios. SEH used these volumes as a base, and rerouted trips assuming a full diamond interchange at CSAH 19 and I-94. With a half diamond interchange at CSAH 19 and I-94, the traffic on CSAH 37 between CSAH 19 and the CSAH 37/I-94 interchange will increase from 7,100 vehicles per day (vpd) to 12,200 vpd by adding the outlet center. With a full diamond interchange at CSAH 19 and I-94, the traffic on CSAH 37 between CSAH 19 and the CSAH 37/I-94 interchange is estimated to decrease to 6,850 vpd. The decrease is due to both outlet center traffic and existing local traffic making use of the full - diamond interchange. A full diamond interchange at CSAH 19 and I-94 would help to maintain the ADTs on CSAH 37 at the pre -outlet center level. Table 1 shows a comparison of the ADTs. SHOAT ELLIOTT HENDRICKSON INC. MINNEAPOLIS, MN ST CLOUD, MN CHIPPEWA FALLS, WI MADISON, WI LAKE COUNTY, IN EQUAL OPPORTUNITY EMPLOYER SCENARIO 1 SCENARIO 2 SCENARIO 3 OUTLET CENTER Excluded ` Included Included CSAH 19f1-94 INTERCHANGE Half Diamond Half Diamond Full Diamond ADTs East of CSAH 19 & CSAH 3:7::::L: 7,100 12,200 6,850 TRA.MC OPERATIONS The need for signalization, was reviewed using the P.M. Peak Hour traffic volumes. The P.M. Pew Hour traffic volumes for the year 2000 from the traffic report for the Indirect Source Permit (ISP) Prepared by Benshoof were used. - Five intersections were included: • CSAH 19 and the I-94 westbound ramp CSAH 19 and the 1-94 eastbound ramp • CSAH 19 and CSAH 37 CSAH 37 and the 1-94 eastbound ramps • CSAH 37 and the 1-94 westbound ramps five intersections were evaluated with the year 2000 P.M. Peak Hour turning movement volumes with the existing half diamond interchange at CSAH 19 and I-94 without the outlet center (Figure I ) and with the outlet center (Figure 2). The year 2000 P.M. Peak Hour turning movement volumes with the outlet center were then rerouted and analyzed assuming a full diamond interchange at CSAH 19 and I-94 (Figure 3). Figure 4 shows the approach lanes for each of the five intersections prior to the outlet center. With; the addition of the outlet center, more approach lanes at the intersection of CSAH 19 and the I-94' westbound ramp are being`added. The northbound approach is changing from one shared left turn and through lane to one left turn only lane and one through lane. The sorthbound approach is changing from one shared through and right turn lane to one through lane and one right turn only lane. These changes are shown in Figure 5. With a full diamond interchange at CSAH 19 and I-94, a westbound approach is added to the intersection of CSAH 19 and the I=94 westbound ramp. This approach will have one left turn only r lane and one right turn only lane. An east leg will be added to the intersection of CSAH 19 and the I-94 eastbound ramp. It is assumed that one right turn only lane will be added to the northbound approach and, one left turn only lane will be added to the southbound approach. These changes are shown in Figure 6. -Ms. Linda Goeb December 7, 1999 Page 3 Uri# Level of Service The evaluation of roadway operations is based on average total delay for unsignalized intersections, and a measure of level of service (LOS) is provided The LOS of an approach or turning movement is graded on a scale of "A" (best) to "F' (worst). While most major roadways in the Minneapolis/St. Paul metropolitan area typically operate at levels of service in the range of "D" to "E" during the evening rush hours, ;non -metropolitan roadways mould expect to operate somewhat better. The Highway Capacity Software (HCS) was used to find the LOS for each intersection. Adding the outlet center traffic to the intersections will cause the level of service to decline for several' movements across the five intersections. LOS for all approaches or turning_ movements either remains the same or improves with a full diamond interchange at CSAH 19 and I-94. The comparison of the LOS is shown in the attached Figure 7. A full diamond interchange would improve LOS for two key movements. The westbound approach of the intersection of CSAH 19 and CSAH 37 will improve significantly from LOS F to LOS B. The northbound left movement at the intersection of CSAH 37 and the I-94 westbound ramps improves: from LOS F to LOS E. The level of service for an intersection and/or specific turning movements can sometimes be improved with signalizaton of the intersection. However, signalization is usually not decided on the basis of level of service, but rather on whether traffic signal warrants are met. TTramc Sigma warrants Traffic signal warrants were analyzed for all five intersections. Hourly approach volumes were estimated from. the Average Daily Traffic volumes (ADTs) provided in the ISP. Warrants for the installation of traffic signals are established in the Federal Manual on Uniform Traffic Control Devices-(MUTCD), and adopted into Minnesota's Manual on Uniform Traffic Control. Devices (MMUTCD). There are five central traffic signal warrants that address traffic volumes: Warrant One - Minimum Vehicular Volume • Warrant Two - Interruption of Continuous Traffic • Warrant Eight - Combination of Warrants • Warrant Nine - Four Hour Volumes • Warrant Eleven - Ptak Hour Volume Warrants 4, S and 7 were not analyzed because they are specialized warrants that do not apply to this intersection. Since WarrantO and 10 require extra data that is not readily available, these warrants are generally not analyzed unless all the other warrants are not met and it is expected that one of these warrants could be met.: Warrant 6 (Accident Experience) also requires extra data and will be analyzed if a Signal Justification Report (SJR) is required. s. Linda Goeb December 7,1999 Page 4 The justification of a signal can exist if only one of the warrants is met and there are no repirements that more than one warrant needs' to be met to justify a signal installation. However, it should be noted that the Minnesota Department of Transportation (Mn/DOT) has ranked the need for signal installation based on whether Warrants 1, 2 or 8 are met when state money is used to nand the signal installation. The five central traffic signal warrant were analyzed with the year 2000 volumes for all three scenarios. With a half diamond interchange and no outlet center, only Warrant 11 hour Warrant) is met a the intersection of CSAH 19 and CSAH 37. With a half diamond interchange and the outlet center, multiple warrants are met at the intersection CSAH 19 and the 1-94 east.ound ramp and the intersection of CSAH 19 and CSAH 37. The Fear Hour Warrant is met at the intersection Of CSAH 37 and the 1-94 westbound ramps. With a full diamond interchange, multiple warrants are met at the intersection of CSAH 19 and the 1-94 westbound ramps, the intersection of CSAH 19 and the eastbound ramps and the intersection of CSAH 19 and CSAH 37. A comparison is shown in Figure 8. The warrants were analyzed using the pasted speed on the roadways. However, due to the configuration of the roadways, it is likely that the travel speeds are different from the posted speeds. Because of the proximity of the intersections of the CSAH 19/1-94 interchange and the intersection of CSAH 19 and CSAH 37, the travel speed is probably under 40 miles per hour (mph) rather than 55 mph. Whereas the intersections of the CSAH 37/1-94 interchange may 'be operating at 45 mph rather than the posted 40 mph since sight distance is better. SEH re -analyzed the traffic signal warrants using assumed operating speeds rather than posted speeds'. ' The two changes of to note. First, the intersection of CSAH 19 and the 1-94 eastbound ramps will not meet warrants with a full diamond interchange. The intersection of CSAH 37 and the 1-94 westbound ramps will meet at least one warrant in each scenario. Signalized Level of Service Finally, where warrants were met, the level of service with signalization for the intersections were determined. All the intersections would operate well at LOS C or better as shown in Figure 10. The southbound left turn movement and the westbound right turn movement at the intersection of CSAH 19 and CSAH 37 would operate at LOS D with a half diamond interchange and the outlet center traffic. Ms. Linda Go eb December 7, 1999 Page 5 Without the outlet center, signal zation at the intersection of CSAH 19 and CSAH 37, and the intersection of CSAH 37 and the I-94 westbound ramps are probably only necessary if there are safety issues. With the addition of the outlet center (and a half diamond interchange), d strong case, can be made to signalize the; intersection of CSAH 19 and the I-94 eastbound ramp, the intersection of CSAH 19 and CSAH 37, and the intersection CSAH 37 and the I-94 westboun ramps based upon both warrants and level of service. With a full diamond interchange, the need for signalization is less clear cut in terms of level of service at the intersection of CSAH 19 and the I-94 westbod ramps and the intersection of CSAH 19 and CSAH 37 although wits are met. Signalization at the intersection of CSAH 37 and the 1-94 westbound ramps is probably only necessary if there is an issue with saffety. If you have any questions, please call me or Tom Sohrweide at 1-800-325-2055. Sincerely, Short Elliott Hendrickson Inc. D04 Cynthia S. Drake Transportation Engineer sah Attachments , c: Wayne Fin leson, Wright County Tom Sohrweide SEH Pete Carlson, SEH F: 1abW I dM. d f (j i� t �j W 115 '� 46 3� fi 388 .. ,.. <i 95 CSAH 37 42- f <1 t i 6e- S as All•r we <--814 8 215'- 339 FILE NO. Ym =0 P.M. Pookk Hour Vdmu A•-AtSEV.9905.01 vm CUM cWdW HW DMmond rttwduaw Scwmwb FMW SATE: 11 /03/99 ALBBTrVUJF, MWNEWTA I IL L> CAH 37 FILE No. A-A.9905.01 DATE: 11jo3/ss r tU .* C f CV AM A FILE' NO A-ALBEV.990 �' DATE: 11/03/99 FULL k wW OuBetcmw wnw Half imp A A A nta nra C N. nia A A A A B A B B B A A A A A B NWATAM B A A A C C B g B A A A A A A , Level Of Service Ulf9Y SBGROM ALSERTVLLE, MIRFESOTA NO. 7 �y : Hal Warrant i Warrant 2 MONNIN Met Want 8 = • Met - Warrant 9 Met Warrant i i met CSAH 19 do 144 easilbound ramp Wa nant i Met Met Warrant 2 p' , met FININNIN Warrant 8 Met Met Warrant 9 Met Met Warrant i i Met Met CSAH 19 & CSM 37 warrant o„ae,,, e . met Met fib Warrant 2 Warrant 8 Met willow Warrant 9 9' Met Met ,Warrant i 1 Met Met Met CSAH 37 & 144 eastbowd Warrant i y Warrant 2 Warrant 8 100001 MINNOW j , # Warrant 9 „E 2 Warrant 11MINIM 10691m. >_ CSAH 37 & 144 wesewund � 'o Warrant i � >;,s,; , ,,,1101101 MINNOW, O �, P Warrant ,• „ �t Warrant 8 swim 4=00MR > , , Wa►ffw t 9 ;. M, , ` v .i • Warrant; ii A W • j MINNOW Met. MINIM ^. � p FILE N4. Traffic SWW WwrW l ysb �►—v.s9o�.o1 on F DATE: 11/03/99 ALBOUVLLF, MINW..WTA No. a outlet tarter wrr" outlet Half FULL hdwdmveIrft B B B B B B B B B B Iva Na B B B B B rda B B _ B rda A B C B A B B A_ B B A B 8 - A C B C C C B mvmmm B A B B B C C A B B A smimm B A B B A B B c c B B B B B. B B C C c B A 8 Lov* Of Servift 8Ir"Sootims i'A t4a 10 CITY OF ALBERTVILLE RESOLUTION # 1999-64 A RESOLUTION TO APPOINT A CITY COUNCIL MEMBER WHEREAS, the City Council of the City of Albertville is desirous of appointing a City Council member to fill a vacancy; and WHEREAS, the City Council is determining that the person appointed shall fill an unexpired term ending the first business day in January 2001. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Wright County, Minnesota, appoints the following individual who is eligible for election. The Council Member appointed shall be and does this through the adoption of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6" DAY OF DECEMBER, 1999. John Olson, Mayor ATTEST: Linda Goeb, City Clerk November 12, 1994 5580 Kalland Ave. NE # 40 Albertville, MN 55301 612497-6654 To: Mayor, City Council Members, and Administrator Linda Goeb According to a recent article in the Crow River News, there will be a vacancy soon on the Albertville City Council. If this should happen, I would like to submit my name as a replacement for the vacant seat. I feel I am fully:: qualified for this position, as I served six years on the Minot, North Dakota ( Pop. 45000 ) City Council. I served from 1976 to 1982. 1 held the position of Vice Chairman of the council, Vice Chairman of the Public Works Committee, and member of the Liquor Control Committee. In a leadership role, I have been President of the Nodak Race Club in Minot, Pres. of Local 816, Chairman of the Judicial Qualification Committee. This position was appointed by then North Dakota's Governor Art Link. Also, I have been Chairman of the Burlington Northern Montana. -Dakota Division Safety Committee, and received the honor of being named the Safety Man of the Year. I was employed with the Burlington Northern for 43 years. Here in Albertville, I belong to the Golden Age Club and attend the St. Albert Catholic Church. I also am the Girls Varsity Soccer head coach at Monticello High School. My wife and I are in the process of buying a town -house, this December, in the Cottages of Albertville. We are currently renting a Cottage. With this overview, you can see that I become involved in the community I live in. I would like to be interviewed for the future open seat on the council. I could then further elaborate on my qualifications. I can be reached at 612497-6654 day or night. Thank you T `v Ron Klecker OUTDOOR ADVERTISING CO. BOX 218 - ALBERTVILLE, MINNESOTA 55301 (612) 497-3000 800-221.4144 "Outdoor advertising SELLS for you all day, every day." } December 13, 1999 City of Albertville 5975 Main :Avenue Albertville, MN 55301 Re: Council position available Dear City Council I would very much appreciate being appointed to fill the position that is available due to Ms. Stalberger's resignation. I have served on the Planning & Zoning Commission the past 12 months. I have been a resident of Albertville for the past 3 years. My business has been located here the past 21 years. I believe that my past `experience and true concern of the city would be beneficial to the council. As you know, Ms. Stahlberger is the representative of the Council to the Planning & Zoning. I would like to be considered to continue that responsibility as I have a good relationship with all the members of the Planning & Zoning. Thank you for your consideration. Sincerely, Keith Franklin CONSENT AND APPROVAL OF LOCAL FRANCHISING AUTHORITY TO TRANSFER OF CONTROL OF CATV FRANCHISE WHEREAS, Bresnan Telecommunications Company LLC ("Grantee") owns, operates, and maintains a cable television system ("System") in the City of Albertville ("Grantor") pursuant to a cable television franchise (the "Franchise") and Grantee is the current authorized holder of the Franchise; and WHEREAS, pursuant to the Purchase and Contribution Agreement between among BCI (USA), LLC, William J. Bresnan, Blackstone BC Capital Partners, L.P., Blackstone BC Offshore Capital Partners, L.P., Blackstone Family Investment Partnership III, L.P., TCI Bresnan LLC, TCID of Michigan, Inc. (collectively, the "Bresnan Partners") and Charter Communications Holding Company, LLC ("Charter HoldCo") (the "Transferee"), dated June 29, 1999, the Bresnan Partners desire to transfer the partnership interests of Bresnan Communications Company Limited Partnership subject to, among other conditions, any required approval of the Grantor with respect thereto, to Charter (the "Transaction"); and WHEREAS, Grantee filed a complete FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor. WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Transferee to own and operate the System in light of the above -referenced FCC Form 394; and WHEREAS, all written comments and staff reports have been received, and made a part of the record; and WHEREAS, following the review and investigation, the Grantor has concluded that the Transferee has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and/or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE ITS RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor consents to the Transaction and further resolves as follows: Section 1. Grantor consents to the transfer of control of cable system serving Grantor effective upon the closing of the Transaction; Section 2. Grantor confirms that (a) the Franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the Franchise, except as set forth herein; (c) Grantee is materially in compliance with the provisions of the Franchise; and (d) there are no defaults under the Franchise, or events which, with the giving of notice or passage of time or both, could constitute events of default thereunder. Section 3. Transferee may (a) assign or transfer its assets, including the Franchise provided however, that such assignment or transfer is to a parent or subsidiary of Transferee or another entity under direct or indirect control of Paul Allen; (b) restructure debt or change the ownership interests among existing equity participants in Transferee, and/or its affiliates; (c) pledge or grant a security interest to any lender(s) or Transferee's assets, including but not limited to the Franchise, or of interests in Transferee's affiliate companies, in a transaction commonly known as an "initial public offering." Section 4. Transferee may transfer the Franchise or controlrelated thereto to any entity controlling, controlled by, or under common control with Transferee. The Grantor acknowledges that any such transfer does not trigger any right it may have to exercise any first purchase right or other right to acquire the System. Section 5. This Resolution shall take effect immediately. ADOPTED AND APPROVED THIS day of 51999. City of Albertville By: Name: Mark Olsen Title: Mayor ATTEST: Clerk 0514251.01 2. ORDINANCE NO. AN ORDINANCE ESTABLISHING CABLE TELEVISION GUIDELINES IN THE CITY OF ALBERTVILLE, MINNESOTA AND RULES GOVERNING SAME GRANT OF AUTHORITY WHEREAS, the City of Albertville, Minnesota, has studied the possibility of providing cable television services to its residents; and' WHEREAS,the City deems it advisable to regulate the provision of cable television services; THEREFORE, the City Council for the City of Albertville, Minnesota, does hereby ordain: 1. DEFINITIONS. For the purpose of this Resolution the terms defined in this section shall have the following meanings: a. "City" shall mean the City of Albertville, Minnesota. b. "Grantee" shall mean the holder of a cable television franchise issued by the City of Albertville. C. "Shall" is always mandatory. d. "May" allows discretion. e. "Subscriber" shall mean any person who has a contract with the Grantee for cable services. f. "FCC" shall mean the Federal Communications Commissions. _ g. "Gross basic Subscriber revenue" shall mean all income derived from the provision of basic cable services to any Subscriber within the City limits. h. "Resident" shall mean any person who resides within the City limits of the City of Albertville. 2. FRANCHISE TERM AND RENEWAL. All franchises shall have an initial term of 15 years and any renewal shall be either year to year thereafter or may be for a period of not more than 5 years, at the discretion of the Council. Renegotiation of any or all terms of the franchise may occur at such times as may be mutually agreed upon by the City and the Grantee. Such -1- renegotiation shall occur at least at the end of the initial franchise term, unless the City determines not to reissue the franchise to the Grantee or desires to consider addition applicants for a franchise. 3 FHUCB.ISE GRANT AND EXCLU, IS VITY. The City Council may, upon majority vote, grant a franchise to any competent applicant. Any such franchise granted by the City shall be non-exclusive. 4`. LE OR TRANSFER. Sale or transfer of the franchise or sale or transfer of stock so as to create a new controlling interest shalt'be prohibited,,unless approved by the City, which approval shall not be reasonably withheld. 5. ACQUISITION BY THE CITY. Upon expiration of the franchise term or termination of the franchise as provided in this ordinance or upon receipt of an application from the Grantee for approval of an assignment or transfer of the franchise, the City shall have the right to purchase the system of the Grantee. In theeventthe City seeks to exercise its right to purchase, the purchase price shall be the price which any proposed assignee or transferee agreed to pay or the fair market value of the system as a going concern, whichever is less, payable on such terms as the Grantee and city may agree. If the purchase price or the fair market value of the system cannot be agreed upon, the City and the Grantee agree to submit the determination of the purchase price or fair market value to binding arbitration. The City and the Grantee shall each choose one arbitrator, said two arbitrators shall choose a third. If the choice of the third arbitrator cannot be agreed upon or a price determination is not made by arbitrators shall choose a third. If the choice of the third arbitrator cannot be agreed upon or a price determination is not made by arbitration the purchase price or fair market _value of the system shall be decided by the District Court of the Slate of Minnesota. 6. EMLNENT DOMAIN. Nothing in this ordinance shall be construed to preclude or limit the authority, if any,, of the city to acquire any property of the Grantee by eminent 'domain proceedings. 7. COMPLIANCE. The City specifically `exempts the City of Albertville from the provisions of Minn. Stat. Sections 238.01to 238.17. Provided however that the Grantee shall conform to all federal 'laws and regulations regarding cable communications not later than one year after they become effective or sooner if so required by the applicable law or regulation and shall confirm to all state laws, city codes, ordinances and regulations and. including the rules of the Minnesota Cable communications Board created by the provisions of Minnesota Statute Section 238.04. -2- 8. _ AUTHORIZATION TO COMMENCE CONSTRUCTION. The Grantee shall obtain a permit from the proper municipal authority before commencing construction of the system, including theopeningor disturbance of any street, sidewalk, driveway or public place, and shallrestore all property of the city and of the inhabitants thereof to its original condition after the installation of either aerial or underground cable or other construction work. 9. INDEM,NIFICATION. The Grantee shall indemnify, hold harmless and defend the City, its officers, and employees against and from any and all claims, lawsuits, proceedings, damages, costs or liabilities arising out of the construction, operation or maintenance of the cable system. The City, its officers and employees shall give the Grantee prompt written notice of any such claims filed against them in connection herewith. The Grantee shall maintain in full force and effect during the term of this franchise a policy or policies of insurance with a financially responsible insurance company or companies, copies of which shall be filed with the City, providing comprehensive general liability coverage with the City, its _officers and employees named as; additional insured. Said policy or policies shall maintain at least the general liability limits being carried by the City, as these limits now exist or as they may hereafter be amended or modified, insuring both the City _ and the Grantee with regard to all damages and penalties which they may be legally required to pay as a result of the exercise of the franchise and construction, maintenance or operation of the system. 10. PERFORMANCE BOND AN12 FINANCIAL RESPONSIBILITY. The franchise will not become effective until Grantee presents evidence of financial resources that assure the City of Grantee's ability to complete the entire construction of the initial service area within the construction period specified in its proposal. Grantee will provide the City with its 'estimate of the entire construction costs, and satisfactory evidence of financial recourses within sixty (60) days from the acceptance of the franchise bid. At the time the franchise becomes effective the Grantee shall furnish a bond to the City Equal to 125% of the construction costs; said bond to be reduced :to 25% of the construction costs after system turn -on, to remain in full force for the term of the franchise with acceptable surety conditioned upon the faithful performance by the Grantee according to the terms of the franchise and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the Grantee and surety of the bond, 1 any damages or loss- suffered by the City, including the full J amount of any compensation; indemnification or cost of removal or abandonment of any property of the Grantee plus a reasonable -3- allowance for attorney's fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due to the City which arise by reason of the construction, operation or maintenance of the system. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the franchise or any other law. The City may, from year to year and at its sole discretion, reduce the amount of the performance bond. 11. RELQCATION OF E,OUIPMENT. Whenever the City deems it to be in the public interest to relocate or remove .any of the Grantee's cables, conduits and/or other equipment located within the corporate limits of the City, said equipment shall forthwith be relocated at the Grantee's own expense. 12. Li BTLI v Fog IMIURY TO JjRANTEE'.S FACILITIES. Nothing in the franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performance any work connected with grading, regarding, or changing the line of any street or public place or with the construction or reconstruction of any sewer .or water system. 13. GENERAL g$,OTECTION OF PUBLIC SAFETY AND COMMERCE. The Grantee shall keep and maintain all of its property so as not to unnecesarily interfere with the usual and customary trade, traffic, or travel upon the streets and public places of the franchise area or endanger the lives or property of any person. 14. POLE USAGE. The Grantee shall use the existing poles, conduits, trenches, ducts, lines and cables owned by other holders of public licenses and franchises within the corporate limits of the City whenever possible for the installation of its cable. When installation of cable on poles is not possible, when both major utilities have installed underground cable,, or when the City shall otherwise decide, the cable used by the Grantee shall be installed underground at its expense. Grantee will be responsible for obtaining consent of the utility companies for pole usage. f 15. CONSTRUCTION SCHE 2=. Within 90 days of the granting of the franchise the Grantee shall apply ,for all necessary permits, licenses, and authorizations required by law. Energized trunk cable shall be extended substantially throughout the authorized area within one year after their receipt and persons along the route of the energized cable shall have individual service connections as desired during the same period of time. The requirement of this provision may be waived by the City only upon occurrence of unforeseen events or acts of God. -4- 16. FRANCHI, E FEE. To reimburse the City for its expense in administering the franchise, the Grantee shall pay an annual 'fee to the City equal to 3% of the Grantee's gross basicSubscriber revenues and advertising revenues from the supplying of services to Subscribers within the corporate limits of the City. The fee shall be calculated on a calendar year basis and shall be paid on or before March lst following the year for which, `it is payable. The fee provided for in this section may be adjusted by the City from time to time, provided the schedule of maximum rates for basic cable service is adjusted to reflect the change. 17. FINANUAL REP,QRTS AND AUDIT S. The Grantee shall file certified audited financial reports concerning the gross annual basic Subscriber revenues realized by its operations within the authorized area annually with the City as soon as available, but no dater than 60 days after the close of its fiscal year. Said financial reports shall include a balance sheet, a statement of operations, and any other information the City deems -appropriate. The City may audit the Grantee's acccounting and financial records at any time upon reasonable notice, and if the audit discloses any irregularities, the Grantee will reimburse the City for the expense of the same. 18. RATE SCHEDULE. The Grantee shall establish and adhere to the rate schedule proposed to and accepted by the City, which shall be included in the final franchise agreement signed by both the City and the Grantee. Said rate schedule will not be changed and Grantee will not request a change in the rates for two years after completion of construction or certification by the state, whichever is longer. The rates will be uniform to all Residents of the City. 19. ME CHANGE PROCEDURE. The Grantee may from time to time change its Subscriber rates so as to ensure a fair and reasonable return on its investment as provided herein. A written application setting forth the proposedincreasemust be filed with the City at least 90 days prior to its proposed effective date Such an application to the City for a rate: increase shall be accompanied by such financial statements, pro forma projections showing the effect of the proposed increase, statements of fact, and such other documents and exhibits as are necessary to: substantiate the need for the rate increase requested. The City may require the Grantee to provide any information it feels pertinent to its, evaluation of the application. After affording reasonable notice the City shall, hold a 1 public hearing providing an opportunity for all persons to be J heard.' If following said hearing the City denies the proposed rate increase, the pre-existing rate shall remain in effect. -5- Should the City approve the rate increase of a reduced rate increase such rate shall take effect from the first day of the month following the date of the City's determination. If, however, the City takes no action to approve, deny, or adjust the proposed rate increase within 90 days of the Grantee's application for a rate increase the proposed increase will be deemed to have been denied. The City may take into account the matters specified in paragraph 28 herein, including but not restricted to system performance of service and repair and customer complaints, in determining the granting or denialof a rate increase. The Grantee may appeal a denial of all or a portion of any proposed rate increase to the District Court of the State of Minnesota; the procedure upon appeal being governed by the Minnesota Rules of Civil Procedure. A notice of appeal must be served upon the City Clerk within thirty (30) days of the denial. In the event the District Court determines the City's action in denying the requested rate increase was arbitrary or not supported by the preponderance of the evidence,'the District Court may return the matter to the City Council for reconsideraton. In the event the Court upholds the City's rate determination, the Grantee shall pay all of the City's expenses, including reasonable attorney's fees, incurred in defending the appeal. 20. SYSTEM DES,jGH Anp AUXILIARY SERVICES. The Grantee shall maintain its cable system with a minimum of 300 MGz of band width available for immediate and future use, and said system shall have the technical capability for two-way return communications. The proposal submitted to the City to provide able services by the Grantee shall be incorporated into the franchise and made a part thereof. All aspects of the proposal pertaining to system design and services accepted and approved by the City shall be provided. The following additional services shall be provided: a. To the extent of the systems available channel capacity, the Grantee shall provide to each of its Subscribers who receive all, or any part of the total services offered, reception on at least one specially designated public access channel. The, public access channel shall be available for use by the general public, local educational authorities, and the City on a first come, non-discriminatory basis. No charge shall be made for channel time or playback of prerecorded programming on the public access channel. Charges for production costs and any fees shall be consistent with the goal of providing the City, the public, and local educational authorities a low cost means of -6- television access.Any fee to be charged shall be as set forth in the Grantee's rate schedule as established in the franchise agreement. Whenever the specially designated access channel is in use 80% of the weekdays or 80% of the time during any three hour period for six weeks running the Grantee shall provide an additional channel designated for access use. The Grantee shall have six months to provide the additional channel provided the new channel or channels shall not require the Grantee to change converters. b. The Grantee shall make readily available for public use at least minimum equipment necessary for the production and playback of programming and the playback of prerecorded programming for the specially designated access channel. The equipment provided by the Grantee shall also make it possible to record programs at remote locations. c. The Grantee shall provide an emergency access audio override system for the use of the City, 'civil defense authorities, and local educational authorities. In the case of any declared emergency or disaster the Grantee shall make its facilities available to the City for reasonable emergency use. d. The Grantee shall provide a return line for the access channel from an accesible point within the franchise .area, preferably the high school, city hall or both. 21. SUBSCCRIB&R PRIVACY. No signals of a cable channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission with full knowledge of its provisions. The authorization may be revokable at any time by the Subscriber without penalty and no penalty shall be invoked for a Subscriber's failure to approve or renew such authorization. 22. SRANTEE _RULES. The Grantee shall have the right to prescribe reasonable service rules for the conduct of its business and its customer relations, not inconsistent with the provisions of this ordinance. A copy of such rules and all additions, deletions, and amendments thereto shall be kept on file with the -City throughout the life of the franchise. 23. TECHNICAL STASD; A=. The rules of the FCC relating to J cable communications contained in subpart K; of part 76 of the J PCC's rules and regulations are hereby incorporated into this franchise by reference. The results of any tests required by the -7- FCC shall be filed with the City within 10 days of the completion of such tests. The system shall deliver to the Subscriber a signal that is capable of producing a black & white or color picture without visual material degradation in quality within the limitations_ imposed by the technical state of the act. The system shall transmit or distribute signals without causing objectionable cross -modulation in the cable or interfering with other electrical or electronic networks or with the reception'of other television or radio receivers in the area not connected to the cable system. 24. SERVICE EQLICIES. The Grantee shall extend cable service to any isolated residence at the standard installation rate if: a) the service connection to the isolated residence would require no more than a 200 foot drop line from an existing cable,, and b) the resident requests the service extension. Any isolated residence requiring more than a 200 foot drop line from an existing cable shall be charged a premium installation rate. The premium installation rate shall be the standard installation rate plus the actual cost to the Grantee for the distance in excess of 200 feet. The Grantee shall extend cable service to any new development or group of residences at the standard rate if the development or group of residences to be served has a density of at least 30 homes per cable mile and at least 50% of the residences to be served have requested service. Any development or group of residences not meeting the above requirements may be served at the Grantee's discretion upon such contractual terms as the Grantee and developers or landowners may agree. 25. REPAIRS AND COMPLAINTS. The Grantee shall provide a toll -free telephone number for Subscriber complaints and -shall maintain a repair service capable of responding to subscriber complaints or requests for service within 24 hours after receipt' of the complaint or request for service. All complaints by the City, Subscribers, or other citizens regarding the quality of service, equipment malfunction, billing disputes, and any other matters relative to the cable system shall be investigated by the Grantee within 24 hours. The Grantee shall rectify the cause of the complaint if reasonably possible. If a Subscriber or citizen complaint is not resolved within 10 working days the complaintant may then file the } complaint with the City. After consideration of the complaint / and a finding that the Grahtee is at fault the City may enact the provisions for termination of the franchise. -8- i Whenever it is necessary to shut off or interrupt services for the purpose of making repairs, adjustments, or installations, the Grantee shall do so during periods of minimum use by Subscribers. Unless such interruption is unforeseen, the Grantee shall give reasonable notice thereof to the Subscribers affected. 26. TERMINATION. Subject to the procedural requirements set forth "below, the City may terminate and cancel this franchise and all rights and privileges of the Grantee hereunder in the event the Grantee dges any of the following: a. substantially violates any provision of or defaults in the performance of any of its obligations under this franchise or any valid rule, order, or determination of the City; b. attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the City;' c. files a petition or is adjudged bankrupt or insolvent under the Bankruptcy Act or any other insolvency or creditor's rights law, state or federal. The City shall provide the Grantee a written notice of the cause for termination and its intention to terminate the franchise. Such written notice shall allow the Grantee a reasonable period of time, not less than 30 days after receipt of the notice by any corporate officer or resident manager of the - Grantee by certified mail or personal service in which to eliminate or remedy the stated cause for termination. If the Grantee begins and pursues with due diligence it efforts to eliminate or remedy the stated cause for termination, but such cause cannot be eliminated or remedied within the period of time specified by the City, then such period of time shall be extended as necessary to enable the Grantee to begin and complete its corrective action through the exercise of due diligence. If the Grantee fails to eliminate or remedy the stated cause for termination within the reasonable time specified or extended and the City determines to proceed with its intention to terminate the franchise, the Grantee shall be provided with an opportunity to be heard at a public hearing prior to the termination of the franchise. In the event the City determines to terminate the franchise it shall set forth its findings, conclusions and determination to terminate the franchise in a written resolution. 27. HEmovAt, of EQUIPMENT. Upon expiration or other termination of the franchise the Grantee may remove, and upon demand of the City shall remove its cable system from the streets -9- and poles and restore same within one year after the date of such expiration or termination. Upon the failure of the Grantee to remove its system from the streets and poles after demand by the City, the City may remove the system and restore the streets and poles with its own employees and equipment or may contract for the removal of same and the Grantee shall forthwith pay the City the cost and expense thereof. 28. PERIODIC REVIEWS AND RENEGOTIATION. The field of cable communications is a relatively new and changing industry which will no doubt.,see many regulatory, technical, financial and legal changes durin§ the term of the franchise agreement. Therefore, in order to provide for a maximum degree of flexibility in this franchise, and to help achieve a continued advanced and modern system, the following renegotiation provision shall apply, and may be considered in granting or denying any rate increase: a. the City may require, at its sole discretion, system performance evaluation sessions at any time during the term of this franchise or as required by federal law; b. all evaluation sessions shall be open to the public and notice of sessions shall be published in the same way as a legal notice. Grantee shall notify its Subscribers of all evaluation sessions by announcement on at least two channels of the system between the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days preceding each session; c. topics to be discussed at any evaluation session may include rate structure, franchise fee, free or discounted services, application of new technologies, systemperformance, programming content, services, access, customer complaints, judicial and FCC rulings, and amendments to the franchise or any other relevant topic. d. the Grantee shall fully cooperate with the City and shall provide without cost such information and documents as the City may request to reasonably perform the evaluation. e. If the City determines that reasonable evidence exists ,of inadequate system performance it may require Grantee to perform tests directed toward diagnosis and remedy of such suspected inadequacies at the Grantee's expense. Grantee shall fully cooperate with the City in performing such testing and shall compile the results and prepare a written report, if requested by the City, within 30 days after notice. The City may require that such tests.be supervised by a consultant designated by the City at the Grantee's expense. The consultant shall sign all tecords of special tests and shall forward to the City such records with a report interpreting the -10 - t results of the tests and recommending actions to be taken. If the testing reveals the difficulties to be caused by factors which are beyond the Grantee's control, "the cost of testing shall be borne by the City. 29. sXsTEN M,ObIFICATI N. As a result of a periodic review or evaluation session the City may request that the Grantee modify the system or provide additional services. The Grantee will comply with such requests by the City unless technology does not permit it or the Grantee establishes to the satisfaction of the City that the cost would prohibit the implementation of the modification A additional services. The City may, at its own discretion, allow a special rate increase to be charged by the Grantee in order to secure the additional services or modifications deemed inappropriate because of cost. The amount and effective date of the special rate increase shall be as mutually agreed upon by the City and the Grantee. 30. CABLE COMMISSION. a. The City may establish a City Cable Commission, consisting of persons appointed by the City for the purpose of advising the City Council on matters of the cable TV franchise, including but not restricted to rate increases and customer complaints. b. The City may create and appoint members to a Joint Cable Commission between the City of Albertville and the City of St. Michael, to advise their respective councils on joint problems and concerns such as rates and service at between the two Cities concerning their respective cable francises. 31. VIOLATIONS AN12 PENALTIES. No person shall construct, cooperate .or maintain a_cable communications system under, over, along or across any street in the City for profit unless a franchise for such system and use of the streets has first been obtained and is in full -force and effect. It is unlawful for any person to intentionally deprive the Grantee of a lawful charge for cable television service by making, using, or attempting to make or use an unauthorized connection to the cable system whether physical, electrical, acoustical, inductive or any other type of connection, or attaching any unauthorized device to any cable, wire, microwave, or other component of a franchise cable communications system. It is unlawful for any person to intentionally tamper with, remove, or injure any cable, wire or other component of a -11- • franchised cable system or to intentionally and without claim of right interrupt a service of said system. Violation of any provision of this section is punishable as a misdemeanor. 32. F CTT31A WAY• This resolution shall be effective upon its publication. ADOPTED THIS! DAY OF 1983. or Mayor ATTEST: C.tic-o-% City Clerk -12 CITY OF ALBERTVILLE RESOLUTION # 1999-65 A RESOLUTION ESTABLISHING 2000 WAGES FOR CITY EMPLOYEES WHEREAS, the City Council is desirous of establishing the assignment of pay rates for the City of Albertville effective to December 31, 1999; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following as its official pay rate to be used for the City's officers and employees based on employee classification. Classification Rate/Hour Administrator -Clerk -Treasurer $22.71 Secretary/Deputy Clerk $12.60 ZoningAdministrator $21.00 Lead Maintenance Worker $16.80 Maintenance Worker II $16.28 Water/Wastewater Operator $17.50 BE IT FURTHER RESOLVED, that upon adoption, this resolution rescinds Resolution # 1998-28. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20th DAY OF DECEMBER, 1999. John A. 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