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2003-05-19 CC Packet.. L ALBERTVILLE CITY COUNCIL AGENDA May 19, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) May 5, 2003, City Council Meeting (b) May 8, 2003, Board of Review 3. CITIZEN FORUM - (i o Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) Approve Application for City On -Sale Wine License for Rosetti's Pizza & Pasta, Inc., 5600 LaCentre Avenue NE, Suite 108 (c) Approve Application for 3.2 Malt Beverage License for Rosetti's Pizza & Pasta, Inc., 5600 LaCentre Avenue NE, Suite 108 (d) Approve Application For Non -Intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill, June 12 through June 15, 2003 with conditions as follows: (1) Beer must be sold within a confined or fenced in area (2) A deputy must be provided by the establishment to monitor guests. (3) Beer may be sold no earlier than 10:00 AM and no later than 12:00 Midnight. (4) No live bands will be allowed outdoors. (e) Approve execution of Agreement for the Installation of Full Depth Concrete Crossing Surface Material on the Burlington Northern and Santa Fe Railway Company — CSAH F � o>� Twin s�Divisipn, D��095669K at Albertville, MN, MP27.34 60-1 5. SPECIAL ORDE • Presentation by Heidi Peper on EDA revival 6. DEPARTMENT BUSINESS a. Fire Department • None b. Public Works (1) Public Works/Parks Maintenance Report A. City Council Agenda May 19, 2003 Page 2 of 2 c. Planning & Zoning 0<(2) (1) Concept Plan — Sylvester Kolles property Discussion on land needs for Winter Park (3) Appoint new Planning & Zoning Commission Members d. Engineering (1) CSAH 19 Ramps (2) Shared sewer service with Otsego (3) Park/Play Field at Albertville Primary School (4) Request from P. J. Norby to vacate existing easement and replace the easement with another (5 l G=d'Ageement — Towne Lakes Phase III 6//f � e. Legal (1) Ordinance #2003-9 — An Ordinance Granting a Franchise to CC VIII Operating LLC D/B/A Charter Communications to Construct, Operate, and Maintain a Cable System and Provide Cable Service in the City of Albertville C�/ D (2) Ordinance #2003-10 — An Ordinance Granting a Franchise to FTTH Communications, L.L.C., A Minnesota Limited Liability Company, to Construct, Operate, and Maintain a Cable System and Provide Cable Service in the City of 3) Albertville, L Administration (1) Request to consider rezoning %2 acre parcel with the intent to place a billboard — Steve Zachman (2) Joint City Council Discussion Group — Appoint two Council members (3) Discuss �p®urfJhase of copier ir. Ad 7. ADJOU MENT 6. Minutes Item 2 a ALBERTVILLE CITY COUNCIL May 5, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Beming, Tim Sweeney, Tom Fay, and Ron Klecker, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 4(h) - Approve Check #'s 17963 through 17965 • Add Item 5f(2) - School District boundary changes • Add Item 5f(3) — Testing of new copier • Add Item 5f(4) — Hiring part time building inspector • Add Item 5e(5) - Fire Department investigation update • Add Item 5f(5) - Office of Acting Mayor • Add Item 5d(3) - Stop Sign request policy Sweeney made a motion to approve the agenda as amended. Klecker seconded the motion. All voted aye. Beming made a motion to approve the minutes of the April 21, 2003, regular meeting as presented. Fay seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Erwin Greninger reported his property has a water problem since the Welcome Furniture store. City Engineer Pee Carlson explained that the outlet to School Lake has grown in and does not discharge as quickly as it should. Last fall the outlet was cleaned out somewhat , but it needs to be cleaned out again. The water level isl.5 feet over high water elevation. Pete will arrange to have the outlet cleaned as soon as possible. Councilmember Beming requested that check #17945 and Item 4d be removed from the Consent Agenda. Fay made a motion to approve the Consent Agenda as follows: • Approve payment of claims check #'s 17910 — 17944 and Check #'s 17946 - 17950 • Approve transfer of On Sale and Sunday Liquor Licenses from 152 Club, Inc. to Holm Holdings, Inc, effective May 15, 2003 • Approve Off Sale Intoxicating Liquor License for Holm Holdings, Inc. (replaces 152 Club, Inc.'s license) • Resolution #2003-19 (A Resolution Appointing Election Judges for the City of Albertville for the June 10, 2003, Special Election • Schedule Canvassing Board Meeting to certify the results of the June 10, 2003, special election on Monday, June 16, 2003, at 6:45 PM 11 Albertville City Council Minutes May 5, 2003 Page 2 of 5 • Approve Application to Conduct Excluded Bingo for the STMA Women of Today at the St. Albert's Parish Center on Saturday, June 14, 2003 • Resolution #2003-20 (A Resolution Approving A Class B Gambling License for the Albertville Lions at Spectators' Bar &Check #'s 17869, 17875 and 17886 Grill • Approve Check #'s 17963-65 Klecker seconded the motion. All voted aye. Public Works Supervisor Tim Guimont asked if the Council was interested in doing any mosquito control this year. He has gotten few calls on mosquito control programs. Time was directed to contact the Metropolitan Mosquito Control for more information. Guimont reported there is continuous damage to the Skate Park. The rules sign has been removed. The fencing is on -going problem. It has been repaired several times. Stronger fencing should be installed. Tim and Councilmember Beming have gotten pricing on other fences. The cost for wrought iron fencing is $5500. The cost for a stronger, commercial grade chain link fence is $3,200. Sweeney made a motion to approve up to $5,500 for wrought iron fencing around the Skate Park. Fay seconded the motion. All voted aye. Time will try to get the fence installed before Friendly City Days. Sweeney made a motion to approve the Pubic Works Report as presented. Klecker seconded the motion. All voted aye. City Planner Al Brixius reviewed his comments on the Concept Plan for the Bob Heuring property. Because of the smaller lot sizes, a rezoning will be required. Developer Dean Johnson explained that the plan has been revised so that no lot is under 10,000 square feet. The cul de sac was shortened to get it down to 600' feet and allow the lots to be spread out. All R1-A lots are 15,000 sq. ft. or over in size and the lot widths vary from 90' to 100' frontage. Johnson restated that this is a concept only and the some reconfiguration could be still done. The concept shows 22 single family (RI -A) lots and 31 small lot, single family ($175,000 — $185,000 starting price range) Sweeney stated that although he prefers all RI -A lots, he fells the applicant has worked hard to incorporate the Council's wishes. Klecker does not like having the two lots so close to the commercial area. The consensus of the Council is to have the developer proceed with concept presented. City Attorney Couri presented several amendments to the Sign Ordinance that will allow Cedar Creek Golf Course to locate an off -premise, directional sign at the corner of CSAH 18/19: • Option 1: Cedar Creek Golf Course would assign to the City its long-term lease, thus making the directional sign owned and/or controlled by the City. • Option 2: The City could consider allowing "community directional signs". • Option 3: The City could amend its current sign ordinance to allow for an exception for the golf course. Albertville City Council Minutes May 5, 2003 Page 3 of 5 Peterson prefers Option 1 for the directional sign owned by the city. Sweeney and Berning prefer Option 3 for the golf course without a reader board . Fay and Peterson prefers Option 1 because it allows the City to own and control the sign. Sweeney made a motion to approve Ordinance #2003- titled AN ORDINANCE AMENDING THE ALBERTVILLE SIGN ORDINANCE NO. 1987-3, SECTION S, SUBDIVISION 2(A) AND SECTION 9, SUBDIVISION 11 as presented and to permit Cedar G\creek Golf Course to install a non-reader board sign at the intersection of CSAH 18 & 19. Berning seconded the motion. Klecker proposed an amendment to the ordinance to change the time frame from ten years to seven years. Berning seconded the motion to amend. Mayor Peterson called for a vote on the amended motion. Sweeney, Berning and Klecker voted aye. Fay and Peterson voted no. The motion carried. Sweeney made a motion that future consideration for directional signs be considered only as Option 1 (City owned and controlled). Berning seconded the motion. All voted aye. Couri reviewed the Minnegasco franchise ordinance with the Council. Sweeney made a motion to approve an ordinance granting a franchise to CentrePointe Energy. Fay seconded the motion. All voted aye. City Engineer Pete Carlson stated there is a need to clean the ditch from School Lake to NW Commercial Parka Carlson has obtained permission from the Wright Soil and Water Conservation District to clean the ditch from CSAH 19 to the lake. Fehn Excavating can perform the work shortly and the drainage should immediately improve. Councilmember Berning suggested that Carlson should look at drainage at the Slumberland site as well. Fay made a motion to authorize Pete to get ditch cleaned as soon as possible. Berning seconded the motion. All voted aye. Carlson discussed the process the City must go through to get approvals for a ramp at I-94 and CSAH 19. There is a five step plan the city must follow. Carlson expects an 85 week time period from Step 1 to Step 5 (preliminary engineering to completion of construction). The preliminary engineering (Step 1) can be moving forward now. Even though the City must wait for NE Wright County Study, the two projects can be done simultaneously. If the first three steps (preliminary engineering, environmental assessment and Interstate Access Report) are begun now, construction could possibly be completed by the fall of 2005. The environmental analysis will be most challenging of the three steps. The cost estimate is $225,000 for the preliminary engineering, environmental assessment, and the Interstate Access Report. Carlson reminded the Council that they may be required to close the St. Cloud side of the CSAH 37 exit in order to be allowed to construct the CSAH 19 ramp. Albertville City Council Minutes May 5, 2003 Page 4 of 5 The Council discussed how to finance the preliminary steps and if and when to proceed. No decision was reached and the Council tabled the discussion. Carlson reviewed the Stop Sign Request Policy dated August 1, 2000, with the Council. The Council took no action at this time. Klecker made a motion to adopt RESOLUTION #2003-17 titled RESOLUTION ELIMINATING LAND FROM CONSIDERATION FOR WETLAND MITIGATION required to secure title insurance for the land sale to Callan's and Carpet Country. Fay seconded the motion. All voted aye. Klecker made a motion to adopt RESOLUTION #2003-18 titled RESOLUTION AUTHORIZING SALE OF PROPERTY. Berning seconded the motion. All voted aye. Couri updated the Council on the Fire Department investigation. Jorgenson is nearly finished with the technical evaluation and expects to issue something very shortly. The attorney doing the personnel investigation is waiting for return correspondence. Couri expects both to be completed in a month. The council took no action on the request from Rose Paul to secure the cabinets from the Steve Praught house until the city officially takes possession of the property. City Administrator Linda Goeb reported that discussions have been occurring with the superintendents and staff of ISD 885 and ISD 728 regarding altering the districts' boundaries. The Towne Lakes developers have also participated in the discussions and are planning to hold a Towne Lakes residents' meeting to determine their wishes. They have requested that two council members take part in that meeting. Mayor Peterson and Councilmember Berning volunteered to represent the City at that meeting. Berning made a motion to hire Al Steinbring as assistant building inspector three days a week for six months at a $25 per hour rate. Klecker seconded the motion. All voted aye. Goeb explained that we are testing a new copier that will allow city hall staff to print our own newsletters. The newsletters should be ready to be mailed out this week. She will make her recommendation concerning the copier to the Council at the next meeting.. Klecker made a motion to appoint Councilmember Berning as acting mayor. Sweeney seconded the motion. All voted aye. Beming made a motion to approve payment of Check's #17945. Fay seconded the motion. All voted aye. Berning made a motion to approve the Non -Intoxicating Malt Liquor License for Geez' Sports Bar & Grill from 10:30 AM to 1:00 AM on Friday, June 131", Saturday, June 141", and Sunday, June 15`h with the following conditions: Albertville City Council Minutes May 5, 2003 Page 5 of 5 aye. (1) Beer must be sold within a confined or fenced in area (2) A Deputy must be provided by the establishment to monitor guests. (3) Beer may be sold no earlier than 10:00 AM and no later than 12:00 Midnight. (4) No live bands will be allowed outdoors. Sweeney made a motion to adjourn at 9:50 PM. Klecker seconded the motion. All voted Don Peterson, Mayor Linda Goeb, City Administrator _M ALBERTVILLE CITY COUNCIL BOARD OF REVIEW May 8, 2003 Page 2 of 3 the Auto Repairs property. He maintains the property to keep the weeds down and make the city look presentable. He commented that the "downtown" of Albertville has moved down the road and it has hurt business some and feels the Auto Repair Station is being compared to the new businesses that have been built. He was asking the council if they would consider lower the taxes on the triangular empty lot. Wright County/City Assessor Rasmuson commented that they are trying to slowly transition the previously established businesses in with the new ones. The businesses on County Road 37 and 19 are taxed at a rate of $6.00 - $8.00 per square foot. The Auto Repair Station is at a rate of $4.50 per square foot. The triangular piece is only at $2.25 per square foot. He also explained that Norm Arens sold his property for a fairly nice price, which had another factor into the value of the Auto Repair Service Station. Mayor Peterson asked what they were at last year in comparison to this year. Wright County/City Assessor Rasmuson looked it up and responded with $0.54 per square foot last year. So it did go up considerably. Mayor Peterson asked if anyone wanted to make a motion to reduce the rate. Tom Fay made a motion to reduce the rate to $1.25 per square foot. Tim Sweeney seconded the motion. All voted aye. Motion carries. Wright County Assessor Kramber called the next name on the list, which was Diane Sorensen. Diane Sorensen proceeded to the podium. She informed the council that she was here representing L & D Trucking. She explained that her taxes too went up considerably. She was wondering if the council would consider lower hers. It is tough to make a living since the September I Ph incident. If they feel they can't lower the taxes is there another spot within Albertville that she could possibly relocate her business. Wright County/City Assessor Rasmuson explained that her property is close to the Norm Arens property that was recently sold and it affected her taxes as well. Mayor Peterson suggested moving her business to the Industrial Park area. The city owns a couple of lots out there. City Clerk Miller is to get a message to the City Planner to contact Diane to see if there is anything that would work for her. Mayor Peterson asked if there was anyone that wanted to make a motion to reduce her taxes. There was no motion to reduce the taxes. ALBERTVILLE CITY COUNCIL BOARD OF REVIEW May 8, 2003 Page 3 of 3 Wright County/City Assessor Rasmuson proceeded with a number of letters that were sent to them regarding their property taxes. One was from the Albertville Creamery. They were asking the City Assessor to review the building. He would like a reduction due to needed repair. Councilmember Fay made a motion to reduce the value based on the Assessor's review of the property and re-evaluate. Berning seconded the motion. All voted aye. Wright County/City Assessor read another letter from a property owner. Gerhard Knechtl wrote a letter to the Assessor commented that the value of his property went up a large percentage. Mayor Peterson asked if there was a motion to reduce the property taxes for Gerhard Knechtl. There was no motion. Therefore there is no reduction in property taxes. Wright County/City Assessor read another letter this one was from David Bailey representing the Ashley Furniture Store. City Assessor was working on the building value for Mr. Bailey. There were no additional letters or questions. Mayor Peterson made a motion to adjourn at 8:00 PM. Klecker seconded the motion. All voted aye. Don Peterson, Mayor Bridget Miller, City Clerk Consent Agenda Item 4a r t lb�rtvi 11£ Small F �cax Living. Big OttV life. CITY OF ALBERTVILLE *Check Detail Register© May 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017968 5/19/2003 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $62.05 April 2003 Uniform Sery - Parks Dept E 601-49450-417 Uniform Rentals $62.05 April 2003 Uniform Sery - Sewage Dept. E 101-43100-417 Uniform Rentals $62.05 April 2003 Uniform Sery - PW Dept. E 602-49400-417 Uniform Rentals $62.05 April 2003 Uniform Sery - Water Dept Total ARAMARK UNIFORM SERVICES $248.20 Paid Chk#-017969 - 5119/2003- B & M MASONRY ��. R 101-34000 Charges for Services $60.00 4277 permits Total B & M MASONRY $60.00 Paid Chk# 017970 5/19/2003 BENCHMARK HOMES R 101-34000 Charges for Services $100.00 10066 permit Total BENCHMARK HOMES $100.00 05/16/03 9:17 AM Page 1 Paid Chk# 017971� E 101-43100-400 Repair/Maint - Paved Rd $112.00 0603 Crack sealant Total C & H SPORTS SURFACES, INC. $112.00 Paid Chk# 017972 5/19/2003 CARQUEST E 101-43100-404 Repair/Maint- Machinery/Equip E 101-43100-404 Repair/Maint- Machinery/Equip E101-43100-404 Repair/Maint- Machinery/Equip E101-43100-404 Repair/Maint- Machinery/Equip E 602-49400-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip Total CARQUEST Paid�Chk# 017973� 5/19/2003� CENTER POINT ENERGY E 101-41940-383 Gas Utilities E 101-42000-383 Gas Utilities E 101-43100-383 Gas Utilities E 101-45100-383 Gas Utilities Total CENTER POINT ENERGY $0.74 232436 PW Repair $60.83 232497 PW Repair $51.93 232516 PW Repair $6.38 232763 PW Repair $19.67 232792 Water - repair machine $75.48 232852 Repair machine $215.03 $85.69 May 2003 Gas Utilities -City Hall $174.96 May 2003 Gas Utilities -Fire Dept $243.46 May 2003 Gas Utilities-PW Garage __$_31:81 May 2003 Gas Utilities -Park Shelter $535.92 Paid Chk# 017974 5/19/2003 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $44.27 52941 Misc Office Supplies Total CHOUINARD OFFICE PRODUCTS $44.27 Paid Chk# 017975 5/19/2003 CHRISTIAN BUILDERS R 101-34000 Charges for Services $60.00 28730 permits Total CHRISTIAN BUILDERS $60.00 ��003 CITY OF MINNETRISTA E 101-41400-208 Training and Instruction $12.50 Regrional mtg MCFOA Region IV Meeting Total CITY OF MINNETRISTA $12.50 Paid Chk#`017977 5%19/2003COUNTRYSIDE FENCE�� E 101-45000-598 Pledges & Contributions $800.00 Pay No. 2 Donations from Jaycees Total COUNTRYSIDE FENCE $800.00 Paid Chk# 017978 5/19/2003 CROW RIVER FARM EQUIPMENT E 101-41940-399 Miscellaneous $63.07 96813 Flag pole material Total CROW RIVER FARM EQUIPMENT $63.07 Paid Chk# 017979 5/19/2003 DAVIES WATER EQUIPMENT CO E 602-49400-210 Operating Supplies (GENERAL) $134.66 3161177 seal pin meas chamber E 602-49400-250 Meters for Resale $566.39 3164209 Meters for Re -sale CITY OF ALBERTVILLE lb�rtvi 11� S-111",�wn UV1.9. Big laity Ufa. *Check Detail Register© May 2003 Check Amt Invoice Comment Total DAVIES WATER EQUIPMENT CO. $701.05 Paid Chk# 017980 5/19/2003 DAVIS, JEFF E 101-42000-200 Office Supplies (GENERAL) Total DAVIS, JEFF Paid Chk# 017981 5/19/2003 DEHN TREE COMPANY, INC $50.84 2111 TOOL BOX ARRANGEMENT $50.84 E 101-41940-399 Miscellaneous $61.77 283 mulch Total DEHN TREE COMPANY, INC $61.77 �a,�y„..�:. a.:. �,�.��,>�-.�,��a�F..,..�,�.�,��,>�a�,��,, Paid Chk# 017982 5/19/2003 DISPLAY SALES E 101-41940-399 Miscellaneous Total DISPLAY SALES $115.02 INVO013714 Never Furl flag parts $115.02 Paid 017983 5/19/2003 DYS TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) E 101-43100-405 Repair/Maint - Buildings E 602-49400-210 Operating Supplies (GENERAL) E 101-43100-215 Shop Supplies E 101-43100-215 Shop Supplies E 101-41940-399 Miscellaneous E 101-45100-404 Repair/Maint - Machinery/Equip E 101-45100-404 Repair/Maint - Machinery/Equip E 101-45100-405 Repair/Maint - Buildings E 601-49450-210 Operating Supplies (GENERAL) E 101-45100,405 Repair/Maint -Buildings E 101-45100-404 Repair/Maint - Machinery/Equip E 602-49400-210 Operating Supplies (GENERAL) E 602-49400-210 Operating Supplies (GENERAL) E 101-45100-210 Operating Supplies (GENERAL) E 101-45100-530 Improvements Other Than Bldgs E 101-45100-405 Repair/Maint - Buildings E 101-45100-210 Operating Supplies (GENERAL) E 101-45100-210 Operating Supplies (GENERAL) E 101-45100-210 Operating Supplies (GENERAL) E 101-43100-215 Shop Supplies E 101-41910-200 Office Supplies (GENERAL) Total DJ'S TOTAL HOME CARE CENTER Paid Chk# 017984 5/19/2003 DON'S AUTO & REPAIR $72.61 40303 & 43003 Fire Dept - general supplies $34.24 661297 misc shop supplies $40.86 661358 misc operating supplies $93.02 661497 shop supplies $6.36 661703 supplies $38.39 662756 misc bldg supplies $25.37 662798 maintenance machinery $29.32 663094 maintenance machinery $24.30 663382 maintenance bldg $21.16 663392 operating supplies $59.62 663853 maintenance building $19.97 666222 maintenance machinery $19.67 666462 operating supplies $22.96 666781 operating supplies $12,81 668584 operating supplies $45.80 668708 park improvements $31.91 668998 parks bldg $36.79 670263 parks supplies $4.24 670323 parks supplies $2.86 670368 supplies $6.37 671018 rotary drill bit $33.66 67171 misc office supplies $682.29 E 101-42000-404 Repair/Maint - Machinery/Equip $138.03 022334 Fire Dept - Oil Changer E 101-42000-404 Repair/Maint - Machinery/Equip $165.49 022337 Fire Dept - Oil change E 101-42000-212 Motor Fuels $2.79 16608 Fire Dept E 101-45100-212 Motor Fuels $1.91 16648 Parks Dept E 101-43100-401 Repair/Maint - Unpaved $70.29 16666 Crack filling E 601-49450-212 Motor Fuels $35.76 16706 WP fuel E 101-43100-400 Repair/Maint - Paved Rd $80.94 16709 Fire Dept E 101-43100-212 Motor Fuels $31.78 16710 Fire Dept E 101-43100-400 Repair/Maint - Paved Rd $46.06 16779 Crack filling E 101-43100-212 Motor Fuels $41.25 16860 PW Fuel E 101-42000-212 Motor Fuels $26.82 16883 Crack filling E 101-42000-212 Motor Fuels $28.12 17014 PW Fuel Total DON'S AUTO & REPAIR $669.24 05/16/03 9:17 AM Page 2 ...., u. 485 ",-, 5/1,9/. ...._ �., Paid Chk# 0172003 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels $38.25 77752 Water Fuel E 101-43100-212 Motor Fuels $40.57 77755 PW fuel E 101-42400-212 Motor Fuels $30.68 77769 BD Fuel r Nbcrtvilli:, f CITY OF ALBERTVILLE *Check Detail Register© May 2003 Check Amt Invoice Comment 05/16/03 9:17 AM Page 3 E 601-49450-212 Motor Fuels $15.85 77773 WWTP fuel E 101-43100-212 Motor Fuels $40.63 77780 PW Fuel E 101-45100-212 Motor Fuels $38.61 77781 Parks Fuel Total EGGEN'S DIRECT SERVICE, INC. $204.59 Paid Chk# 017986 � 5/19/2003 FEDERATED CO-OPS, INC. E 101-41940-399 Miscellaneous $99.18 F08738 misc - plant food Total FEDERATED CO-OPS, INC. $99.18 Paid Chk# 017987 5/19/2003 GALLS INCORPORATED E 101-42000-587 C/O- Tools $237.46 562388340002 XL Steel F/Basket Stretcher Total GALLS INCORPORATED $237.46 Paid Chk# 017988 5/19/2003 GOPHER STATE ONE -CALL E 602-49400-209 Locates $269.70 3040103 Locates - Water Dept Total GOPHER STATE ONE -CALL $269.70 Pai�d Chk# 017989 "5/19/20GOP 03 HER SUPPLY ,�--",,� - ","",- .,, ._ �._..� ..... ...o..� ., . _ ...�., E 101-45100-210 Operating Supplies (GENERAL) $91.89 6823464 City Park field supplies Total GOPHER SUPPLY $91.89 ma �...: a Paid Chk# 017990 5/19/2003 GRANITE ELECTRONICS ......... ,..n_.. E 601-49450-404 Repair/Maint - Machinery/Equip _ $85.80 215693 repair - radio unit Total GRANITE ELECTRONICS $85.80 Paid Chk# 017991 5/19/200 ........ ... . ,. �;,. R 101-34000 Charges for Services $160.00 30950 permits Total GUPTIL CONTRACTING $160.00 -, �,��GUTZWILLERCC�—"ONSTRUCTIO� �,- "T' IO-N -CO. —„ Paid Chk# 017992 5/19/2003 ..,; R -. -: a ....,,, _ .�......... ... ....... _ ,, .. , .� w............ w ........... E 101-45000-598 Pledges & Contributions $9,187.00 215693 Donations from Jaycee's(?) Total GUTZWILLER CONSTRUCTION CO. $9,187.00 Paid Chk# 017993 5/19/2003 HENRY &ASSOCIATES E 602-49400-250 Meters for Resale $890.23 7486 Meters for Re -sale Total HENRY & ASSOCIATES $890.23 Paid Chk# 017994 5/19/2003 INSPECTRON INC. E 101-42400-104 Temporary Employees Regular $1,875.00 March 2003 Inspection Serv-BD Total INSPECTRON INC. $1,875.00 Paid Chk# �017995 5/19/2003 J.L. WEBER CONTRACTING, INC. E 604-49660-300 Professional Srvs (GENERAL) $_850.00 1000 ditch cleaning Total J.L. WEBER CONTRACTING, INC. $850.00 Paid Chk# 017996 5/19/2003 KENNEDY &GRAVEN E 448-49000-310 Other Professional Services $1,244.25 55870 Abatement bonds Cty Rd 19 Proj Total KENNEDY & GRAVEN $1,244.25 Paid Chk# � /2003 CARBON ALLEN WEISHAIR & CO E 101-42000-301 Auditing and Acct'g Services $2,250.00 633203 2002 Reporting Forms Total LARSON ALLEN WEISHAIR & CO $2,250.00 : ,.�,,, .. ,. �.r.,; Nam,,�,. Paid Chk# 017998 5l19/2003 M M HOMES G 101-22800 Landscaping Escrow $3,000.00 420522 Escrow 2 - Sod and 2 Trees Total M M HOMES $3,000.00 Paid Chk#'017999 5/19/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 130184 Testing Expense (CBOD-5) I Ib£rtviljc Smolt "E.x Uaf CITY OF ALBERTVILLE *Check Detail Register© May 2003 Check Amt Invoice Comment E 601-49450-218 Testing Expenses $134.00 130277 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $268.00 Paid Chk# 018000 5/19/2003 MILLER LANDSCAPE SUPPLY E 101-45100-210 Operating Supplies (GENERAL) $185.40 64729 Loads of rock Total MILLER LANDSCAPE SUPPLY $185.40 Paid Chk#"018001 5%19/2003-MONTICELLOANIMAL�CONTROL� E 101-42700-309 Animal Control Contract $60.00 363 Animal Control -Stray Animal Total MONTICELLO ANIMAL CONTROL $60.00 05/16/03 9 17 AM Page 4 ......... ..... _ Paid Chk# 018002 5/19/2003 N. A. C. E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 452-49000-306 Planning Fees E 456-49000-306 Planning Fees E 450-49000-306 Planning Fees E 462-49000-306 Planning Fees E 462-49000-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees $224.50 12612 Precise Metalcraft $206.00 12612 Update Comercial zone $252.25 12612 Swimming Pool fences $397.20 12612 General Services $495.50 12612 Community Directional Signs $17.00 12612 Zoning Map Update $436.12 12613 Outlets - Final Plat $25.50 12613 Towne Lakes PUD Pre $20.00 12613 A V 6th Add $140.59 12613 Albertville Crossings $159.00 12613 Albertville Crossings Rest. $212.50 12613 Scherer Bros lot combo $500.00 12614 General Services -April Total N. A. C. $3,086.16 Paid Chk# 018003 5/19/2003 OFFICE MAX E 101-42400-200 Office Supplies (GENERAL) $259.30 General Office Supplies E 101-41400-200 Office Supplies (GENERAL) $1,016.34 General Office Supplies Total OFFICE MAX $1,275.64 ._.... ,� a _, .,F_ �s ., ,a .... _..�,... Paid Chk# 018004 5/19/2003 OMANN BROTHERS E 101-43100-401 Repair/Maint - Unpaved $10.79 5390 crushed asphalt E 101-43100-401 Repair/Maint - Unpaved $237.23 5400 Crushed asphalt Total OMANN BROTHERS $248.02 Paid Chk# 01".,tt�.��,�z,,,�,.,��,��aH�.<mE�� 8005 5/19/2003 PAT'S 66 E 101-42400-212 Motor Fuels $10.64 BD car wash/fuel E 101-43100-212 Motor Fuels $38.10 87441 PW fuel E 101-43100-212 Motor Fuels $45.43 87515 PW fuel E 101-42400-212 Motor Fuels $42.06 90351 BD fuel Total PAT'S 66 $136.23 Paid Chk# 018006 5/19/2003 PINNACLE PRINTING, INC. E 101-41100-300 Professional Srvs (GENERAL) $485.00 1912 Paper - newsletter Total PINNACLE PRINTING, INC. $485.00 Paid Chk# 018007 5/19/2003 PM TRUSS R 101-34000 Charges for Services $100.00 14437 permits Total PM TRUSS $100,00 .,a...� ....,., Paid Chk# 018008 5/19/2003 S. E. H. E 448-49000-303 Engineering Fees $6,658.94 100337 County Road 19 Study E 101-41700-303 Engineering Fees $269.37 99939 WWTP Facility Total S. E. H. $6,928.31 Paid Chk# 018009 5/19/2003 SPRINT IL E 101-41940-321 Telephone $53.82 Phone - LONG DISTANCE CITY OF ALBERTVILLE Nbertvillei, f *Check Detail Register© May 2003 Check Amt Invoice Comment Total SPRINT - IL $53.82 Paid Chk# 018010 5/19/2003 SUNSHINE SPRINKLER SYSTEMS E 101-45100-404 Repair/Maint - Machinery/Equip $118.00 7220 Repair sprinkler system Total SUNSHINE SPRINKLER SYSTEMS $118.00 05/16/03 9:17 AM Page 5 --------- --- id --- .... Paid Chk# 018011 5/19/2003 T & J CONCRETE R 101-34000 Charges for Services $100.00 15009 permits Total T & J CONCRETE $100.00 Paid Chk# 018012 5/19/2003 TEAM LABORATORY CHEMICAL CORP E 601-49450-210 Operating Supplies (GENERAL) $128.17 238603 Operating Supplies Total TEAM LABORATORY CHEMICAL CORP $128.17 2 id Chk# 018013 5/19/2003 VALERIUS, BILL E 101-42000-200 Office Supplies (GENERAL) $84.51 2117 General Office Supplies Total VALERIUS, BILL $84.51 Paid Chk# 018014 5/19/2003 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $156.94 0548740-1593- Refuse Waste Hauler Total WASTE MANAGEMENT $156.94 Paid Chk# 018015 5/19/2003 WRIGHT CTY AUDITOR/TREASURER E 101-41550-300 Professional Srvs (GENERAL) $18,375.00 055-3 2003 Assessment Contract Total WRIGHT CTY AUDITOR/TREASURER $18,375.00 Paid Chk# 01, 0 _ 5/19%2003 WRIGHT RECYCLING � � � » » » - � » � . ...... E 101-43200-308 Recycling Contract Fee $3,297.00 April 2003 Recycling Contract Total WRIGHT RECYCLING $3,297.00 Paid Chk# 018017 5/19/2003 XCEL ENERGY E 601-49450-381 Electric Utilities $1,922.61 Electric -Sewage Plant -Mac E 601-49450-381 Electric Utilities $178.83 Electric-60th St -Lift Station E 601-49450-381 Electric Utilities $72.85 Electric-52nd St -Lift Station E 601-49450-381 Electric Utilities $19.84 Electric-Cty.Rd.18-Lift Statio E 601-49450-381 Electric Utilities $14.26 Electric -Kaiser - Lift Station E 101-41940-381 Electric Utilities $3.14 Electric-CP-Siren E 101-43160-381 Electric Utilities $3,830.26 Electric -Street Lighting E 101-42000-381 Electric Utilities $270.94 Electric -Fire Dept E 101-41940-381 Electric Utilities $142.08 Electric -City Hall E 101-45100-381 Electric Utilities $80.12 Electric-58th -Skating/Rink E 101-43100-381 Electric Utilities $57.06 Electric-PW Garage E 101-42400-381 Electric Utilities $57.05 Electric -Building Dept E 101-43160-381 Electric Utilities $24.11 Electric-CR 19 & 37 Traffic E 101-45100-381 Electric Utilities $22,82 Electric-51st St-P.Shelter E 101-41940-381 Electric Utilities $20.30 Electric-LaBeaux Park-n-Ride E 101-45100-381 Electric Utilities $8.09 Electric -Main Ave -Parking Lot E 101-41940-381 Electric Utilities $3.77 Electric-Oakside Siren E 101-45100-381 Electric Utilities $7.40 Electric-58th St-P.Shelter Total XCEL ENERGY $6,735.53 10100 Premier Bank $66,798.03 1b�rtvi j j � Smuii T"+sores Wing. Big 0tv Ufa. CITY OF ALBERTVILLE *Check Detail Register© May 2003 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND $52,374.01 448 CSAH 19 IMPROVEMENT $7,903.19 450 ALBERT VILLAS $20.00 452 TRAFFIC LIGHT $436.12 456 TOWNE LAKES $25.50 462 COBURN'S $299.59 601 SEWER FUND $2,825.18 602 WATER FUND $2,064.44 604 STORM WATER $850.00 $66,798.03 05/16/03 9:17 AM Page 6 Consent Agenda Item 4b t Minnesota Dcparuncul of Public Safe LIQUOR CONTROL DIVISION 444 Cedar St., Suite 100 L. St. Paul. MN 55101-2 156 0ri" v�,�'• "" _' (612)296-6434 TTY (612)282-6555 A !ka I,' � �, APPLICATION FOR COUNTY/CITY ON -SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this applicatioa.(PS 9114-94) Workers compensation insurance company. Name 7PIZFg0 /Z- 4e�eV' /- 4C; 7C' i% Policy # 2 ZX 9 7 /-S/ LICENSEE'S SALES & USE TAX ID # 4;:3 Z6N L To woly for sales ta.t # call 796-rS iR i � t_2nn_Ac-r_z7*7'7 A plicaats Name(F3usmess. P ership. Corporation) s fi`s Pizi�r1 Tit . Trade Name or f)F3A 5�t;> °S P"zz.4�5 Business Address c� Ld C.eo ¢-r-C A' :��, f C / � �` Business Phone A 3 07 7 L/Y Applicant's home Phone ( 76 ) q * -7 -3T3 e Cin' . A-! be,4,i,A County t✓�e ?-� - State flit/ Zip Code Zi ` Code Is this applicat ion U a transfer, give name: of fonner owner License period New or a C Transfer From To It a carporahoo, give name, tale:. address and date of birth of each offii=. If a partnership. gh-e name, address and date of birth of each partner. Partner/OfIiccr Name and title Address DOB bLV,T;, t4f&ii Ctt,,3kqksl eq Oil e - 7-7 A/6- dd,'V( Partner/Officer Nantc and Title Address DOB Partner/Officer Name and Title Address DOB Partner/Officer Name and Title Address _J DOB CORPORATIONS Date incorporation 8ate of neorpor ran Cat dicate Number Is oorport ion athorizedto do business in Minnesota? 2_ ` 14i,103 d fA 1 t%/ — ✓ 1•es C %0 If a subsidiary of another corporation. give name and address ofpwat corporation Novtf BUILDING AND RESTAURANT tiame of building owner Ueaer's addross L f_ :� URIC �>ti`i 4�t% BhU�QCIL OfV� Lam. �iri �f L 1�Jwr�slQ Are Property Taxes delnyuat? Ilasthe building owner any connection, diced or ndired, Restaurant s"ngcapaciy 0 Yes X No WiLhthe applicart? Yes 0 No 470 Hours rood will be available No. of people resLaurart employs No. of math sper year reiaurant Wi food service be the principle business? IJPX1 towill be open t L `JYes ❑ No ?1 2-7.R J?.P4S)-h t°L.Stva,r-cam+ wt 441 pi't-k v`' cv-, d bt/tPi,e1rt Ifthere4auram ii in conjunct ion wilt another busness(reson,dcj) describe business 1 OTHER INFORMATION 0 Yes No 1. 1 [as the applicant or associates been granted an ou-sale non -intoxicating malt beverage (31) and/or a "sd-up" P, pp I f t d r- license in coaj unction with this wine license? Yes Xl0 2. Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? If yes, in what capacity? (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) Yes )<No 3. During the past licenseyear, has a summons been issued under the liquor civil liability(Dram Shop) (M.S. 340A.802). Ifyes, attach a copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE S20 RETAILER ID CARD FEE IS RECEIVED BY MLC. s CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Insured's Name and Address: Ron R. Baker Agency ( ) 5615 Brooklyn Blvd. Suite #100 Brooklyn Center, MN 55429 763-535-3620 Darron A. Christensen DBA: Rossetti's Pizza & Pasta Inc. 5600 La Center Ave. #108 Albertville, MN 55301 This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. lrk; .+;#; ate `foes not e amend extend or alter the roveraae affnrded by the nolicies listed below. COVERAGES . _ - - This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. POLICY TYPE TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY Effective Expiration (Mo,Day,Yr) (Mo,Day,Yr) Homeowners/ Bodily Injury and Property Damage Mobilehomeowners Liability Each Occurrence Boatowners Liability Bodily Injury and Property Damage Each Occurrence Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence Farm/Ranch Liability Farm & Personal Liability Each Occurrence Farm Employer's Liability Each Occurrence Statutory Workers Compensation and 22x97151 5/1/2003 5/1/2004 Each Accident $ 100,000 Employers Liability + Disease - Each Employee $ 100,000 Disease - Policy Limit $ 500,000 General Liability General Aggregate ❑ Commercial General Products - Completed Operations Aggregate Liability (occurrence) Personal and Advertising Injury ❑ Each Occurrence ❑ Damage to Premises Rented to You Medical Expense (Any One Person) Businessowners Liability 22x97151 5/1/2003 5/1/2004 Each Occurrence ++ $ 1,000,000 Aggregate + + $ 2,000,000 Liquor Liability 22X97151 5/1/2003 5/1/2004 Common Cause Limit $ 1,000,000 Aggregate Limit $ 2,000,000 Automobile Liability Bodily Injury - Each Person ❑ Any Auto Bodily Injury - Each Accident ❑ All Owned Autos Property Damage ❑ Scheduled Autos Bodily Injury & Property Damage Combined ❑ Hired Autos ❑ Nonowned Autos El Excess Liability ❑ Commercial Blanket Excess Each Occurrence/Aggregate El Other (Miscellaneous Coverages) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS + The individual or partners shown as Insured have not elected to be Pizza &Pasta Restaurant -Family covered as employees under this policy. + + Products -Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate. City of Albertville ❑ Should any of the above described policies be canceled before the expiration date thereof, the company will endeavor to mail `( 10 days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. *10 days unless different number of days shown. ® This certifies coverage on the date of issue only. The above described policies are subject to cancellation in conformity with their terms and by the laws of the state of issue. DATE ISSUED AORIZ&AR E TATIVE , 5/7/2003 9 r 06668 d DEPARTMENT OF PUBLIC SAFETY Mok, 1 6V� CARO NUMBER Liquor Control Division 444 Cedar St./Suite 100L St. Paul, MN 55101-2156 Phone 6121296-6159 TDD 612/282-6555 (office U:e Only) APPLICATION FOR RETAILER'S (BUYER) CARD FOR LIQUOR OR WINE FEE $20.00 ISSUING AUTHORITY TYPE CODE BUYER'S CARD EXPIRES I DEN. NO. P T NAME OF LICENSEE (AS SHOWN ON LICENSE) l �iZzti 6 BUSINESS NAME (DBA) iZz� �j pAs�ltc; IZaStil'S PAS" BUSINESS ADDRESS L4;40► S�Oo La�fi-t SY,k /of COUNTY wp-,�;j f- BUSINESS PHONE CITY, STATE, ZIP CODE - AUTHORIZED SIGNATURE ,1t4AJ Ss 3o l DARRON A. CHRISTENSEN 6277 KAHLER DR. PH. 763-497-3738 ALBERTVILLE, MN 55301 PAY TO ORDEROFE TIje r 17_1 910 33 2456 3934071631 2 DAT� 7— O 7 $ , zo . O o U „ifLf,ASfi�§6�AG7Yf �, ,�, MinneapoT K1155474" °` • www.wellsfargo.com MEMO �1 1:09110000191:39340716`31111' 02456 Z1 Agenda Item 4c Consent Agenda Item 4c APPLICATION FOR CITY 3.2 MALT BEVERAGE Applicants Name (Business, Partnership, Corporation) Trade Name of DBA as<k ; s t zz C4 9 PAS fA J�,c o R6e e-4+I I 2-,,� R4J �ei Business Address Business Phone Home Phone a F G La Ceki fi-.e )4v, Sir K /G4 76 3 ` 411 7--- 7 yy e' 763 -- 4197 -3 7,3 e City State Zip Code County :1 61-7 Is this application If a transfer, give name of former owner: License period 116�' New NQ From: To: El Transfer If a corporation or a partnership, give name, title, address, and date of birth of each officer/ artner. Officer/Partner Name and Title Address & 7-7 7 /c&, le.,dC - ; V-e- DOB / / Officer/Partner Name and Title Address DOB Officer/Partner Name and Title Address DOB Officer/Partner Name and Title Address DOB Officer/Partner Name and Title Address DOB COPORATIONS Date of incorporation State of incorporation Certificate Number I Is corporate authorized to do business in Minnesota? Yes A (2 l 2 A/ - 6-3 ❑ No If a subsidiary of an other corporation, give name and address of parent corporation BUILDING AND RESTAURANT Name of building owner Owner's address (p 2 O�cG V !A e (ud o v�'1 � Are Property Taxes Has the building owner any connection, direct, or indirect with the Number of employees delinquent? applicant? ❑ Yes )&� Yes 2---b No ❑ No Restaurant seating Number of months per year restaurant will Hours food will be Will food service be the capacity be open available rinciple business? Yes Describe the premises to be licensed If the restaurant is in conjunction with another business (resort, etc.), describe business l/ 0 �, Z-- The licensee must submit the following: A. Liquor Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH CERTIFICATE OF INSURANCE TO THIS FORM. Consent Agenda Item 4d WE1:[7 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE (612) 497-3384 Fax: (612) 497-3210 The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide ,Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. yL, C 1. Name of Applicant: ,_)0-)01 k&k L:� C Cc)f- 2. Name and Address of President and Secretary of Applicant: 3 Purpose for which funds derived will be used: \ f � L 4. Date A_i�ity: � 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: Lc 14, 6. Hours of operation:��j�S—S /C�.�1m�v�•tiPY�- 11 >�-(.1�'8 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: I/DLh Date: —"` Signature of p i ant (s ) t consent Agenda Item 4e TKDA ENGINEERS • ARCHITECTS • PLANNERS May 12, 2003 Mr. Pete Carlson Albertville City Engineer 5975 Main Avenue NE PO Box 9 Albertville, MN 55301 Re: CSAH 19 Crossing extension Agreement DOT 095669K Albertville, MN Dear Mr. Carlson: 1500 Piper Jatiray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Attached are two agreements between the City of Albertville and the Burlington Northern Santa Fe (BNSF) to install a 16' concrete crossing surface extension at DOT# 095669K, in Albertville. The City will be responsible for 100% of the actual costs to install the surface extension. Upon receipt of the signed agreement, BNSF will process and fully execute both agreements, then send back one of the originals for the City's records. Before beginning any City work near the crossing, please contact Toni Gaiser at Staubach Global Services to obtain a Right of Entry Agreement. She can be reached at (866) 498-6647. All road work up to and adjacent to a crossing surface within BNSF's right-of-way requires this agreement. This agreement addresses railroad insurance and required flagmen on site during such construction. The costs associated with this agreement will be the responsibility of the road authority, the City of Albertville, or its contractor. A flagman is required when any work will be done within 25 feet of the nearest track centerline. This flagman must be a qualified BNSF employee. Please contact the local Roadmaster Jim Wages at (763) 782-3235 at least 30 days prior to construction so he can arrange to have a flagman present. As discussed earlier, the agreement for the said work must be between the BNSF and the road authority. The BNSF must provide the concrete crossing material. The City will be responsible for the road surfacing work up to the railroad's concrete crossing surface. Feel free to call with any questions. Sincerely, Michael Hillman Manager of Public Projects Representing The Burlington Northern and Santa Fe Railway 80 - 44th Avenue NE Minneapolis, Minnesota 55421 Phone: 763/782-3492 Fax: 763/782-3061 Email: michael.hillman@bnsf.com Enclosures An Employee Owned Company Promoting Affirmative Action and Equal Opportunity AGREEMENT FOR THE INSTALLATION OF FULL DEPTH CONCRETE CROSSING SURFACE MATERIAL ON THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY CSAH 19 ON TWIN CITIES DIVISION, DOT #095669K AT ALBERTVILLE, MN, MP 27.34 This is a letter agreement wherein The Burlington Northern and Santa Fe Railway Company, hereinafter called Company, agrees that the existing crossing surface at CSAH 19 is to be removed and new full depth concrete crossing surface material is to be installed at a crossing surface length of 16' per track , for a total crossing surface length of 16' . To accomplish this work, THE CITY OF ALBERTVILLE hereinafter called Agency, and the Company, agree as follows: ♦ 1) The work set forth in this document will be performed at the expense of the Company. Said work will consist of the installation of concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include all vehicular driving lanes. ♦ 2) The Agency will pay the Company 100% ACTUAL COSTS for the total crossing surface length for work described above, estimated (estimate attached) at $15,570. ♦ 3) The Company will order the concrete crossing surface material from a qualified supplier and after receipt of the material, the Agency will be billed on basis of Paragraph 2 above. ♦ 4) The Company, at its own cost and expense, will maintain the crossing surface in a satisfactory manner and will make ample provisions for such maintenance, provided, however, that the Company shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant, or by other means or sources. ♦ 5) The Agency, at its own cost and expense, will provide all barricades, lights, flagmen or traffic control devices necessary for detouring vehicular traffic at the -crossing, during construction of the crossing involved. ♦ 6) The Agency further agrees to allow the Company to drain the crossing area into existing Agency storm sewers, if available, near the crossing. The drain pipes and filter fabric will be furnished and installed by the Company. ♦ 7) The Agency, further agrees to furnish and place, at their expense, asphalt between the saw cut in the existing roadway surface and the new concrete crossing surface, plus the area between the tracks if there is more than one track. ♦ 8) The Agency or Contractor, whomever is to perform said roadway work, agrees to comply with the Railroad Protective Insurance and Flagmen requirements as specified in the Right of Entry Agreement, prior to performing any construction work on the Company's property. This agreement must be requested from Toni Gaiser of Staubach Global Services at telephone number (866) 498-6647. The Agency or Contractor is to contact BNSF local Roadmaster, James Wages at telephone number (763) 782-3235 at least 30 days prior to construction, so they may arrange for the flagman. ♦ 9) Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a part of this agreement. The work proposed above is agreeable to the Company under the terms and consideration stated herein. If this is satisfactory and agreeable to the Agency, please indicate concurrence in the space provided. , The Burlington Northern and Santa Fe City/County State Railway Company Signature Printed Name, Title Assistant Director Public Projects Date Date ----------------------------------------------------------------------------------------------------------------------- ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** ----------------------------------------------------------------------------------------------------------------------- THE B. N. S. F. RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF ALBERTVILLE ---------------------------------------------------------------------------------------------------------------------------- LOCATION:- ALBERTVILLE DETAILS OF ESTIMATE PLAN ITEM: PTR095669K VERSION: 1 --------------------------------------------------------------------------------------------------------------------------- PURPOSE, JUSTIFICATION AND DESCRIPTION ALBERTVILLE, MN - EXTEND EXISTING CROSSING SURFACE AT CSAH 19, DOT# 095669K, MP 27.34, LINE SEGMENT 202, MONTICELLO SUBDIVISION - BILLABLE 100% TO THE CITY OF ALBERTVILLE DESCRIPTION OF PROJECT AS PROVIDED BY FIELD ENGINEERING DTD 4/10/03: BNSF PUBLIC PROJECTS IS ENTERING INTO AN AGREEMENT WITH THE CITY OF ALBERTVILLE TO HAVE 1 - 16' CROSSING SURFACE EXTENDED WEST ONTO EXISTING CONCRETE CROSSING. BILLING FOR THIS PROJECT SHOULD BE DIRECTED T0: CITY OF ALBERTVILLE - C/O PETE CARLSON, CITY ENGINEER, 5975 MAIN AVE. NE, P.C. BOX 9, ALBERTVILLE, MN 55301 DESCRIPTION --------------------------------------------- QUANTITY --- ---- U/M ----- ------ COST --------------------- TOTAL $ xwwwxxwxww LABOR x wwwwwwwww BUILD TRACK PANELS - REPLACEMENT 24.00 MH 435 PLACE FIELD WELDS - CAP 16.00 MH 320 PLACE PUBLIC CROSSING - CAP - 48.00 MH 869 SURFACE TRACK - REPLACEMENT - CAP 24.00 MH 472 UNLOAD BALLAST - REPLACEMENT - CAP 6,00 MH 109 UNLOAD CROSSING MATERIAL - PUBLIC - CAP 8.00 MH 145 PAYROLL ASSOCIATED COSTS 1,413 EQUIPMENT EXPENSES 826 DA LABOR OVERHEADS 1,344 PERDIEM EXPENSES 150 INSURANCE EXPENSES 350 TOTAL LABOR COST xwwwwxwxww 6,433 6,433 MATERIAL w xwwwwxxww BALLAST, FROM ST. CLOUD, MN. (MN, P 100.00 NT 806 FAIL, 136 LB NEW WELDED, PREMIUM 80.00 LF 959 SPIKE, TIMBER SCREW,RECESSED SQ.HEAD, 3/4 X 1 36.00 EA 53 TIE, TRK,10',PRE-PLATED,PANDROL,6",ROUND HOLE 22.00 EA 1,720 WELDKIT, GENERIC FOR ALL RAIL WEIGHTS 2,00 KT 106 CONC 136 08-SEC WITH FILLER FOR WOOD 16,00 FT 2,432 MATERIAL HANDLING 147 ONLINE TRANSPORTATION 996 USE TAX 401 OFFLINE TRANSPORTATION 31 TOTAL MATERIAL COST x wxwwwwxww 7,651 7,651 OTHER w wwxwwwwww TOTAL OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 14,084 CONTINGENCIES 1,408 BILL PREPARATION FEE 78 GROSS PROJECT COST i5,570 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 15,570 Public Works Item 5b(i) CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: May 16, 2003 SUBJECT: Public Works/Parks Maintenance Report PARKS — The new park shelter is complete. There is some grading to be done around it. I plan to sod around it so we have grass for Friendly City Days. I priced out the fence for the skate park and the pick that LeRoy had was the best price for that type of fence. The fence is on order. If we don't get the new fence done in time for Friendly City Days I plan to remove the old fence and the equipment for Friendly City Days. This may be a better idea for the extra traffic that will be around during that weekend. We will need picnic tables for the new shelter. I was thinking 4 to 6 tables. Prices vary from about $150 for metal frame with would tops to $650 for plastic coated expanded metal or recycled plastic boards. A net has been installed at the softball field to keep home run balls from hitting the skate boarders. TG:bmm Bridget's computer O \bridgettuvly Documents\Public Works Reports\2003 Reports\PW-PR Report 05-16-03.doc Planning & Zoning Item 5c(i) i wT 05/07/03 a[wsrons oA..H er vN 0 o r�rca+o vur+s wrr O OrST.iv(D B�" 50 � m LwrcxCO Br SO �'LL SUS Kx sC. C " 060 o o Ijk�n ~J r u Z m o n 8 pA$ i A _ \ g as u D'4+b q in n uMw m( aA1 wMhr me KOLLVILLE ESTATES p=a8ocr^ THIRD ADDITION ALBERNILLE, MN M z > A m�rmn er. QUALITY SITE DESIGN, LLC a n CONCEPT 9 „F ;.� ,.,.. �, A Planning & Zoning Item Sc(z) FROM :NAC FAX NO. :9525959837 May. 13 2003 03:13AM P1%3 ► NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 1355. St. Louis Park, MN $5416 Telephone: 952-695.s836 Facsimile: 952.695.9837 plannors@necplanning.com TRANSMITTAL DATE: May 13, 2003 TO: ALAN BRIXIUS FROM: Nina QUANTITY: j MATERIAL/DESCRIPTION: VIA: Fax Mail Pick Up NUMBER OF PAGES ! INCLUDING COVER: 3 DATED: Delivery REMARKS: These are the only two sketches I found in the Park Plan file. These were done by Liz. Deb thought this was the general area of the Winter Park, CITY/PROJECT NAME: JOB NUMBER: i FROM :NAIC FAX NO. :9525959037 May. 13 2003 09:13AM P2/3 FROM FAK NO. :9525359837 May. 13 2003 0y:13AM P3'3 �1 { { 9 C t Wn Planning & Zoning Item Sc(s) CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Bridget Miller, City Clerk/P & Z Secretary DATE: May 14, 2003 SUBJECT: Appointment to Planning and Zoning Commission Below is the list of applicants that applied to serve on the Planning and Zoning Commission and the results. They were interviewed at the May 13, 2003 Planning Commission meeting. FirstName LastName Rating (1 high ;7 low) TOTAL Chad Engman 4 4 1 9 Eugene Pentz 2 5 3 10 Lisa Grahek 3 3 5 11 Scott Dorenbush 1 1 2 4 Eric Marsolek -- -- -- No show Dan Wagner -- -- -- No show David Noto 5 2 4 11 1 1 i i From the totals above the Planning and Zoning Commission is recommending appointing Scott Dorenbush and Chad Engman to fill the vacant seats. BMM 0APublic Data\P&Z agenda\Memo Recomm P & Z applicants.doc Engineering Item 5d(3) SEH SEH c z I� C, o XO� rn i n O (O m_ cD ^) J O a_ CT 1 O� X � Q O O_ $EH Ink 1� 00 U ) o O X �.�(fl p �NI mo N x x N �(D �Dn O — .._._._._._._._._._._._._._._._._._.---._._m.� O Q � 40' oma oan �m � 000 Ul � 0000 o oa - � (D p O 7 d SEH Ilk z 00 1 (n 0 0 `< X 0 U O 1U) 1FM _ i 5 0' 0 0 0 o n n .. u n co O) O X X N 0 — _._._._._._._._._._._._._._(d.�.tQ p cr0 � (D Ln 0 a SEH I� Il rn o x x N O ..--'- ------� � - -- aua CD 0 onnCn ODO O W . n O d 8 SE. 00 - N CD O Ox m x x N 0 tD n O - ............. '------'-------'-'-'-------� 0 O � lD 40� S CD Q 0000 no" - � rn SEH I� zrn1 I E )� l 00 1 U Q f X � i � A O V1 1 0 I , I x J x N �n �0 0 a g \ SEM ALBEV9701 U, Do O rn rn z rn m r— m W m �D r -< r m cn z0 m r- Cl) Oy� D� MAIN STREET (CSAH 35) I I I , I m I X I Z C O m j Z 1 I I 1 I 1 I �(A C/)Z ::E C) U AREA r ,� — - - - - � � cc W C)m �1 FF r r m r om -C') K: C O m LL , , , I -1-"............... 1 I . 10 ,0 Io IN Im Io 1 m r i� D 1k -< Iz Z 1 O Vjm T I m 1 r 1 I O I 1 1 I 1 .. ................. 1 , , v 0 a cn 411 Z rn rn z rn CI1 -A I N rn rn z rn Engineering Item 5d(4) C \ f' ,E Cr+ -4 m-4 f �+n7j ------ ---- 0 IT Ilk. Niy+� C� ro a U 1p• 3 �n a v M r n J . g .3j0 g�•�', ymO�g � '�� 1 � 8 • y. cif � hill � !� s z s.:•Q¢ s Y N n.� � � � • 2 0 x Z U N a S O1 0 a a FCERTFICATE OF SURVEY „ $C B' a raaHomo /` �'. IQ+OCi sy �[ THMD AWXrMMY OF &JER N Engineering Item 5d(5) Creating Neighborhoods of Merit May 7, 2003 via facsimile Ms. Linda Goeb City of Albertville 5975 Main Ave. N.E. Albertville, MN 55301 Re: Request for Preparation of Grading Agreement — Towne Lakes — Vetsch Site Dear Ms. Goeb: We would like to request that the city prepare a grading agreement to allow site grading to proceed before approval of the final plat and street and utility construction plans an effort to expedite construction efforts. We would like to commence site grading on or about June 9, 2003. The grading plans have been submitted to Mr. Pete Carlson recently for review. We request that the grading plans and agreement be scheduled for consideration at the May 19, 2003 City Council meeting. It is important for us to start site grading as soon as possible so we are able to coordinate utility service/extension to the Outlet Mall project. Our engineers will be submitting next week the final plat and street and utility construction plans for consideration at the first City Council meeting in June. We are still working with potential applicants for on the commercial/retail sites before submitting a preliminary plat application for consideration. Thank you for your consideration in this matter. Sincerely David Hempel Project Manager Cc Fran Hagen, Westwood Professional Services CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle -Suite 108 -Minneapolis, MN 55428 phone: (763)971-0477 - fax: (763)971-0576 - email: cpdc@schererbros.com Legal Item 5e(i) CITY OF ALBERTVILLE, MINNESOTA ORDINANCE NO. 2003-9 AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING LLC D/B/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Albertville, a municipal corporation of the State of Minnesota ("City") and CC VIII Operating LLC d/b/a Charter Communications, a limited liability company ("Grantee"). 2. Pursuant to Ordinance No. ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee timely submitted a request for a Franchise. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to grant and issue a Franchise to Grantee. 5. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. Section 1.2 Written Notice. RJV-221374v4 AL141-35 All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Albertville Attn: City Administrator City of Albertville 8899 Nashua Ave. NE Albertville, MN 55330-7314 If to Grantee: Charter Communications Attn: General Manager 1215 N. 15t1i St. St. Cloud, MN 56302 With copies to: Charter Communications Attn. Government Relations 440 Science Drive, Suite 101 Madison, WI 53711 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance in the exercise of its police powers and as otherwise permitted by applicable law. c. Grantee acknowledges the right of City to issue this Franchise. Section 2.2 Franchise Term. This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. RJV-221374v4 2 AL141-35 Section 2.3 Service Area. a. Grantee's System will pass and Grantee will offer Service to all dwellings, homes and businesses within the area(s) identified on the map attached as Exhibit A. b. The City does not initially intend to enforce System extension requirements. Upon the City's adoption of a Resolution imposing System extension requirements, the Grantee will extend its System and offer Cable Service to areas not identified in Exhibit A within a reasonable time, not exceeding 120 days, after a request for Service. Provided, however, that Grantee will only be required to extend its System where such extension area has a density of at least nine (9) residential units per one - quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. Where the density is less than that specified above, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of Installation or line extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service request. The charge for Installation or extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a Hybrid Fiber Coaxial System. The System will provide a minimum of 750 MHz of capacity. Grantee will offer at least 75 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within twelve (12) months after acceptance of this Franchise, except that the Grantee may complete construction of new developments within its franchise area at the same time that other utilities are being installed. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals necessary for Standard Installations without receiving prior approval from the City. A standard pedestal shall be no larger than 2'X 2' and 3' tall. SECTION 4. COMMUNITY SERVICES RJV-221374v4 3 AL141-35 Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The second PEG Access Channel must be activated within thirty (30) days of City's request after Grantee's completion of System upgrade in accordance with Section 3.2 of this Franchise and thereafter maintained. The VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities and local government on a first -come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first -come, first -served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channel"). The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other System operators in the City. C. Responsibility for PEG Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4.1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities, Equipment and Programming. Upon acceptance of this Franchise, Grantee shall provide City Two Thousand Dollars ($2,000.00) to be used exclusively to purchase PEG Access Facilities. Thereafter, within sixty (60) days of delivery of paid invoices, Grantee shall reimburse City for costs incurred by City in purchasing PEG Access Facilities. Grantee's total obligation pursuant to this Section 4.1(d) shall not exceed Ten Thousand Dollars ($10,000) throughout the term of this Franchise. In the event there is Competition in the City during the term of this Franchise, the City shall ensure that the obligations to support PEG Access Facilities are imposed RJV-221374v4 4 AL141-35 equally, in a non-discriminatory fashion. e. Future PEG Access Support. In addition to the requirements of Section 4.1(a)-(d) above, the City may require Grantee to collect an Access Fee to purchase additional PEG Access Facilities. The Access Fee must not exceed one dollar ($1.00) per Subscriber per month. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before October 1st, to be effective on January 1st of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. f. Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. g. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. h. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. The Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. b. The Grantee must extend distribution cable up to one hundred and fifty (150) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. C. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of RJV-221374v4 5 AL141-35 Grantee's time and material. Alternatively, institutions may add outlets at their own expense. d. In the event Grantee introduces Internet access service, Grantee shall provide such service and all associated equipment free of charge to City Hall. Grantee shall permit distribution of Internet access service to computer terminals within City Hall. Grantee will not be responsible for the equipment and wiring needed to distribute the service. The City may only use the free Internet access service provided pursuant to this Section 4.2 for use by City staff in official City matters. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. The Grantee must pay a Franchise Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit B attached hereto. Section 5.3 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. a. The Grantee must furnish the City a performance bond in the amount of Thirty Thousand Dollars ($30,000.00) in a form and with such sureties as are reasonably RJV-221374v4 6 AL141-35 acceptable to the City. At the time of acceptance of this Franchise, the Grantee will file with the City a copy of the performance bond. The Grantee must maintain the performance bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The performance bond must be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, will be recoverable jointly and severally from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City must be entitled to collect from the performance bond any resultant damages, costs or liabilities incurred by the City. C. It may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City may, in its reasonable discretion, collect from the performance bond liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the performance bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights pursuant to the performance bond are in addition to all other rights the City may have. Any action with respect to the performance bond does not constitute an exclusive remedy nor limit any other right. Section 6.4 Construction Bond. a. During periods in which System construction rebuild, upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). b. Upon completion of initial System construction within the service area identified on the map attached as Exhibit A, the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City KIV-221374v4 7 AL141-35 must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid or unenforceable provisions do not substantially alter the agreement between the Parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. RJV-221374v4 8 AL141-35 Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. Section 7.7 Acknowledgment of Validity of Franchise. The Grantee acknowledges that it believes that the terms and conditions of this Franchise comply with current laws, are not unreasonable or arbitrary, and the City has the power to enter into this Franchise on the terms and conditions contained herein. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. RJV-221374v4 9 AL141-35 In the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this of 32003. CITY OF ALBERTVILLE By: Its: By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. CC VIII OPERATING LLC D/B/A CHARTER COMMUNICATIONS Dated: By: _ Its: RJV-221374v4 10 AL141-35 EXHIBIT A (Service Area Map) RJV-221374v4 11 AL141-35 Buffalo Basic Channels 2KTCA (PBS) 3 TV Guide Channel 4WCCO (CBS) 5KSTP (ABC) 6CSPAN 7 WFTC (FOX) 8Local Access 9KMSP (UPN) 10 WGN 11 KARE (NBC) 12Government Access 13 Education Access 14Great American Country 15 Local Access 16Public Access 17KTCI (PBS) 18KSTC (IND) 19Home Shopping Network 20Comm./Ed. Access 21 KPXM (PAX) 22TBS 23KMWB (WB) 24QVC Expanded Basic Channels 31 Disney Channel 32Nickelodeon 33 ABC Family 34CNN 35 CNBC 36Headline News 37HGTV 38Nashville Network 39MTV 40VH-1 41 AMC 42 Lifetime 43 Discovery Channel EXHIBIT B (Channel Line Up) Digital Choice Channels 100Noggin 104Nick GAS 108Nick Too 112Discovery Kids 116Toon Disney 120BBC America 124Discovery Home 128Discovery en Espanol 132 Style 136DIY 140ESPN Classic 144Boomerang 200Biography 202History International 208Discovery Science 210Discovery Civilization 212Discovery Health 216Bloomberg 218Fox Sports World 220ESPNews 228CNN en Espanol 232 CNNFN/Money 236CNN International 300Sundance 302Lifetime Movie Network Digital Premium Channels 500HBO 505HBO Plus 510HBO Signature 515HBO Family 520HBO Zone 525HBO Comedy 530HBO Latino 550Cmemax 555More Max 560Action Max 565Thriller Max 600 Showtime 605 Showtime Too 610Showtime Showcase 615 Showtime Extreme 620Showtime Beyond 650The Movie Channel 655The Movie Channel 2 700 STARZ! 705 STARZ! Cinema 710Black STARZ! 715 STARZ! Family 750Encore 755Encore Love Stories 760Encore Action 3041ndependent Film Ch. 765 Encore Mystery 306Fox Movie Channel 770Encore True Stories 312Discovery Wings 775Encore Westerns 314MuchMusic Digital PPV 316MTV2 800PPV Previews 318MTV Espanol 80134 PPV Channels 320MTV Jams 85012 NBA PPV channels 322VH-1 Classic 8659 NHL/MLB PPV 324VH-1 Soul 8904 Mature PPV channels 326VH-1 Country Digital Music Formats 901 Showcase 902Today's Country RJV-221374v4 AL141-35 12 44 A&E 45 TNT 46USA 47ESPN 48Fox Sports Net 49ESPN2 50EWTN 51 Weather Channel 52Comedy Central 53MSNBC 54Sci-Fi Channel 55Travel Channel 56Animal Planet 57History Channel 58Cartoon Network 59TV Land 60Hallmark 61 Food Network 62 Golf Channel 63 WE 64 Bravo 65 CCMN 66National Geographic 67The Learning Channel 68 TechTV 69Outdoor Life 70Speedvision 71 Univision 72 FX 73 Fox News Channel 740 75 CMT 76Turner Classic Movies 903 Classic Country 904Americana 905 Bluegrass 906R&B and Hip -Hop 907 Classic R&B 908 Smooth R&B 909 Rap 910Metal 911 Rock 912Power Rock 913 Classic Rock 914Alternative Rock 915 Electronica 916Dance 917Progressive 918 Soft Rock 919Hit List 920Party Favorites 921 `80s 922New Wave 923 `70s 924Solid Gold Oldies 925 Singers & Standards 926Big Band & Swing 927Easy Listening 928 Smooth Jazz 929Jazz 930Blues 931 Reggae 932 Soundscapes 933Classical Masterpieces 934 Opera 935Light Classical 936Show Tunes 937Contemporary Christian 938Gospel 939For Kids Only 940Sounds of the Seasons 941 Musica Latina 942 Salsa Merengue 943Rock `En Espanol 944Latin Love Songs 945 Mexicana RJV-221374v4 AL141-35 13 Legal Item Se(z) CITY OF ALBERTVILLE, MINNESOTA ORDINANCE NO. 2003-10 AN ORDINANCE GRANTING A FRANCHISE TO FTTH COMMUNICATIONS, L.L.C., A MINNESOTA LIMITED LIABILITY COMPANY, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Albertville, a municipal corporation of the State of Minnesota ("City") and FTTH Communications LLC, a Minnesota limited liability company ("Grantee"). 2. Pursuant to Ordinance No. ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee timely submitted a request for a Franchise. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to grant and issue a Franchise to Grantee. 5. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. Section 1.2 Written Notice. RIV-221375v4 1 AL141-35 All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Albertville Attn: City Administrator City of Albertville 8899 Nashua Ave. NE Albertville, MN 55330-7314 If to Grantee: FTTH Communications, L.L.C. 4483 Evermoor Parkway Rosemount, MN 55068 Attn: John Schultz With copies to: Christopher K. Sandberg Lockridge Grindal Nauen Suite 2200 100 Washington Avenue South Minneapolis, MN 55401-2179 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance in the exercise of its police powers and as otherwise permitted by applicable law. c. Grantee acknowledges the right of City to issue this Franchise. Section 2.2 Franchise Term. RJV-221375v4 2 AL141-35 This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. Grantee's System will pass and Grantee will offer Service to all dwellings, homes and businesses within the area(s) identified on the map attached as Exhibit A. b. The City does not initially intend to enforce System extension requirements. Upon the City's adoption of a Resolution imposing System extension requirements, the Grantee will extend its System and offer Cable Service to areas not identified in Exhibit A within a reasonable time, not exceeding 120 days, after a request for Service. Provided, however, that Grantee will only be required to extend its System where such extension area has a density of at least nine (9) residential units per one - quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. Where the density is less than that specified above, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of Installation or line extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service request. The charge for Installation or extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a passive fiber optic network with fiber extended to the Subscriber's dwelling providing at least the equivalent of 750 MHz of capacity. The System will deliver at least 75 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within twelve (12) months after acceptance of this Franchise. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals necessary for Standard Installations without receiving prior approval from the City. A standard pedestal shall be no larger than 2'X 2' and 3' tall. RJV-221375v4 3 AL141-35 SECTION 4. COMMUNITY SERVICES Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The second PEG Access Channel must be activated within thirty (30) days of City's request after Grantee's completion of System upgrade in accordance with Section 3.2 of this Franchise and thereafter maintained. The VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities and local government on a first -come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first -come, first -served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channel"). The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other System operators in the City. C. Responsibility for PEG Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4.1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities, Equipment and Programming. Upon acceptance of this Franchise, Grantee shall provide City Two Thousand Dollars ($2,000.00) to be used exclusively to purchase PEG Access Facilities. Thereafter, within sixty (60) days of delivery of paid invoices, Grantee shall reimburse City for costs incurred by City in purchasing PEG Access Facilities. Grantee's total obligation pursuant to this Section 4.1(d) shall not exceed Ten Thousand Dollars ($10,000) throughout the term of this Franchise. In the event there is Competition in the City during the term of this Franchise, RJV-221375v4 4 AL141-35 the City shall ensure that the obligations to support PEG Access Facilities are imposed equally, in a non-discriminatory fashion. e. Future PEG Access Support. In addition to the requirements of Section 4.1(a)-(d) above, the City may require Grantee to collect an Access Fee to purchase additional PEG Access Facilities. The Access Fee must not exceed one dollar ($1.00) per Subscriber per month. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before October 1st, to be effective on January 15t of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. f. Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and _ their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. g. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. h. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. The Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. Upon request by the public institution, the Grantee may alternatively install and provide a data service of equivalent market value to Grantee's Cable Service. b. The Grantee must extend distribution cable up to one hundred and fifty (150) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. RJV-221375v4 5 AL141-35 C. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outlets at their own expense. d. In the event Grantee introduces Internet access service, Grantee shall provide such service and all associated equipment free of charge to City Hall. Grantee shall permit distribution of Internet access service to computer terminals within City Hall. Grantee will not be responsible for the equipment and wiring needed to distribute the service. The City may only use the free Internet access service provided pursuant to this Section 4.2 for use by City staff in official City matters. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. The Grantee must pay a Franchise Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit B attached hereto. Section 5.3 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. RJV-221375v4 6 AL141-35 a. The Grantee must furnish the City a performance bond in the amount of Thirty Thousand Dollars ($30,000.00) in a form and with such sureties as are reasonably acceptable to the City. At the time of acceptance of this Franchise, the Grantee will file with the City a copy of the performance bond. The Grantee must maintain the performance bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The performance bond must be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, will be recoverable jointly and severally from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City must be entitled to collect from the performance bond any resultant damages, costs or liabilities incurred by the City. C. It may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City may, in its reasonable discretion, collect from the performance bond liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the performance bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights pursuant to the performance bond are in addition to all other rights the City may have. Any action with respect to the performance bond does not constitute an exclusive remedy nor limit any other right. Section 6.4 Construction Bond. a. During periods in which System construction rebuild, upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). R.1V-221375v4 7 AL141-35 b. Upon completion of initial System construction within the service area identified on the map attached as Exhibit A, the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid or unenforceable provisions do not substantially alter the agreement between the Parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding. Section 7.4 Nonenforcement by City. RJV-221375v4 8 AL141-35 The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. Section 7.7 Acknowledgment of Validity of Franchise. The Grantee acknowledges that it believes that the terms and conditions of this Franchise comply with current laws, are not unreasonable or arbitrary, and the City has the power to enter into this Franchise on the terms and conditions contained herein. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. RJV-221375v4 9 AL141-35 b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. In the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this of 12003. CITY OF ALBERTVILLE By: Its: By: Its: ACCEPTED: This Franchise is accepted and we _agree to be bound by its terms and conditions. FTTH COMMUNICATIONS, L.L.C. Dated: By: _ Its: RJV-221375v4 10 AL141-35 EXHIBIT A (Service Area Map) RJV-221375v4 11 ALI41-35 EXHIBIT B (Channel Line Up) RJV-221375v4 12 AL141-35 Administration Item 5 f(1) Albert Me sn.dl Town U h. City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 763-497-3384 Fax: 763-497-3210 Items to be placed on the Agenda must be submitted by 12:00 p.m. on the Wednesday preceding the meeting. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING Date of Meeting: '5-- / C - 03 Name. L ZCk c- tM at,, Address: q 7 f / Y S" f-4 Al4% jwo Phone Number: -7 3 t? 7 f- 3 7 Business to be addressed by City Council: Za C 4 V"' r. ,, i_ Cc-G�tl Oar M . �!/ +� S s %�. , 44 Action Requested of Council: 1 rile !' Q Wt V - "o Le- Z pk e. /� a c t, cf I 7� g-T D Y eoo- o�?loo vlr"'e G 6" f / r al 49',clt Signed: -- Date: Y/8 - 0-3 Administration Item 5 f(2) 4 r City of Michael 3150 Lander Avenue NE • P.O. Box 337 • St. Michael, MN 55376-0337 • (763) 497-2041 • Fax (763) 497-5306 May 12, 2003 Linda Goeb, City Administrator City of Albertville 975 Main Ave. NE Post Office Box 9 Albertville, MN 55301 Re: Joint City Council Discussion Group Dear Linda, As a follow-up to last joint meeting with Albertville and the School District, the St. Michael City Council is suggesting that the two Cities meet periodically to discuss items of mutual interest. The St. Michael City Council appointed Joe Hagerty and Drew Scherber to serve on the Committee. They are asking that Albertville also appoint two Council Members to serve. There is no set agenda or meeting times at this time. These organization details will be set according to the schedules and interests of the committee members. If you have any questions, please call me. Sincerely, Robert T. Derus, City Administrator Copy: Mayor, City Council Administration Item Sf(3) i K Minnesota Copy Ph. 320-251-4484 2805 Clearwater Road Systems Inc. Fax 320-251-3458 5t. Cloud, MN 56301 TOSHIBA E-STUDIO 650 DIGITAL COPIER FEATURES ✓ 65 COPIES PER MINUTE ✓ AUTOMATIC DOCUMENT FEEDER ✓ AUTOMATIC DUPLEX DEVICE ✓ 2 CASSETTES, 550 SHEETS EACH ✓ 1 CASSETTE, 2500 SHEETS ✓ I CASSETTE 4,000 SHEETS ✓ MULTI SHEETBYPASS, 100 SHEETS ✓ UNLIMITED ;MULTI POSITLON STAPLE SORTING ✓ 3 HOLE PUNCH ✓ BOOKLET MAKING MODE ✓ NETWORK PRINTING RETAIL PRICE: ................................................. $35,346.00 MAJOR ACCOUNT DISCOUNT ...........................-$19,605.00 TOTAL ..................................................... .....$15,741.00 Monthly lease payment.......................................$314.82 per month* SERVICE For the cost of .9 cents per copy, Minnesota Copy Systems will provide 100% of the following. Parts Service calls y Supplies (drums, developer, toner, etc.) v Preventative Maintenance - Travel time Mileage * Lease payment is based on $0.00 down, 60-month lease, with a fair market buyout at lease end. Fair market value typically equals %10 to %15 of the original purchase price.