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
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0.242
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15.06
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Pond Oboe Report Page 3
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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
�
�
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f ' .fw/t►.r► . �r► .r.. ar . J��IIII_ti�i®®®r
SUBJECT TO INVOICE PRICE CHANGES, SUB TOTALS
sc TAX
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r
IST044WSHM AND REPAIR ORDER
WRIGHT COUNTY SHERIFF'S DEPARTMENT
OFF ER BADGE ICR
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COLOR
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STATE Oft ISSUE
NO. OCCUP
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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
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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.
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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. Olson, Mayor
Linda Goeb, City Administrator
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