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HomeMy WebLinkAboutAugust 3, 1993 Special MeetingNOTICE OF OFFICIAL MF~F~TING Notice is hereby given that an official meeting is to be held in the City of Columbia Heights as follows: Meeting of: JOINT MEETING OF COLUMBIA HEIGHTS AND HILLTOP MAYOR, CITY COUNCIL, AND CITY MANAGER Date of Meeting:. TUESDAY, AUGUST 3, 1993 Time of Meeting.' 6:00 PM Location of Meeting:. CITY HALL CONFERENCE ROOM Purpose of Meeting: SPECIAL MEETING 1. Police Services Contract 2. Community Policing Grant 3. Columbia Heights/Hilltop Cable Communications Commission 4. Other Issues of Joint Interest 5. Metropolitan Waste Control Commission Monitoring Results (Handout to be distributed Monday evening) The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at '~2-2900, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) JOINT AGll F~MENT BETWEEN TI-IE CITY OF COLUMBIA I-IFJGHI~ AND THE CITY OF HILLTOP CONCERNING CONTRACT FOR POLICE AND EMERGENCY MF~DICAL SERVICE This AGREEMENT, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights' and the City of Hilltop, hereinafter referred to as 'Hilltop"; WITNESSETH: WHEREAS, Columbia Heights presently has a police department, and, WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. Similarly, Columbia Heights, through its fire department, shall furnish emergency medical services to Hilltop to the same extent as is afforded to Columbia Heights. SECTION li That Columbia Heights shall patrol the streets and answer all calls for police protection and emergency medical service in Hilltop. · SECTION 111 That Columbia Heights police officers shall issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time and upon termination of this Agreement shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. Page 1 SECTION IV That Hilltop shall at the time of the authorization for the execution of this Agreement adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. If Columbia Heights incurs any expense as a result of purchasing liability insurance to cover its furnishing of emergency medical service to Hilltop, the City of Hilltop will reimburse the City of Columbia Heights for the cost of such additional insurance coverage. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below, to-wit: April 1, 1992 - March 31, 1993 $ 94,000.00 April 1, 1993 - March 31, 1994 $ 99,000.00 April 1, 1994 - March 31, 1995 $104,000.00 April 1, 1995 - March 31, 1996 $109,000.00 April 1, 1996 - March 31, 1997 $114,000.00 That as and for compensation, Hilltop shall pay to Columbia Heights for emergency medical services the following amounts for each call covering the periods corresponding thereto as described below, to-wit: April 1, 1992 - March 31, 1993 April 1, 1993 - March 31, 1994 April 1, 1994 - March 31, 1995 April 1, 1995 - March 31, 1996 April 1, 1996 - March 31, 1997 $ 150.00 $ 152.00 $ 154.00 $ 156.00 $ 158.00 This contract pre-empts the thirty-day contract for the period April 1, 1992 to April 30, 1992. SECTION VII That the contract is for a term of five years beginning April 1, 1992, and ending March 31, Page 2 1997. Either party may terminate this agreement effective the anniversary date of March 31 upon five months' written notice to the other party. That Columbia Heights may terminate the agreement upon forty-five (45) days' written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and December 31. Payments made thirty (30) days after July 31 and December 31, but prior to the forty-five (45) days' notice of cancellation shall not void the cancellation, and there shall be no resumption of service without new negotiations and agreement. Should substantial or material changes in conditions occur which are beyond the control of Columbia Heights such that performance becomes impossible, then the agreement can be terminated upon five (5) months' written notice to Hilltop. SECTION That Hilltop shall pay the contract compensation as follows: April 1, 1992: $47,000.00 October 1, 1992: $47,000.00 April 1, 1993: $49,500.00 October 1, 1993: $49,500.00 April 1, 1994: $52,000.00 October 1, 1994: $52,000.00 April 1, 1995: $54,500.00 October 1, 1995: $54,500.00 April 1, 1996: $57,000.00 October 1, 1996: $57,000.00 Payments made after the due date shall bare interest at the rate of 8% on the delinquent balance until paid. Hilltop shall render payment for emergency medical service on a quarterly basis promptly upon receipt of a statement from Columbia Heights for such services. If said payments are not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. SECTION IX That Hilltop shall pay the cost of court appearances of any police officers and fire department employees which are made as a part of their police or emergency service duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. Page 3 SECTION X That Hilltop shall pay Columbia Heights the sum of $300 for each liquor or beer license investigation requested by Hilltop or required by law. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services and emergency services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees, and claims arising out of child molestation or child abuse. Hilltop has obtained a commitment of insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer shall give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover the contractual liability opposed by this Agreement including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this agreement effective upon ten (10) days' written notice to Hilltop. Page 4 SECTION Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572 et seq., and, in agreeing to refrain from bring suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this ~/~-.~- day of 1992. Appr~as to form: ·/ y for Columbia Heights ~x'~---~A~proved as to form: City Attorney for Hilltop CITY OF COLUMBIA HEIGHTS A Municipal Corporation Stuart W, Anderson, City Manager CITY OF HILLTOP A Municipal Corporation Jame~Shear, Mayor and ff_xx.~-7~ ~.j ~"--~ City Clerk Page 5 MARCH 23, 1992 REGULAR COUNCIL MEETING NEW BUSINESS Hilltop Police and Rescue Contract Move to authorize the Mayor and City Manager to execute a contract to continue police and medical services to the City of Hilltop from March 31, 1992 until April 30, 1992, upon the same terms and conditions that presently exist as per the original contract and subsequent addendums, except that the City of Hilltop shall pay for the month of April 1992, $7,833 plus interest at 8% beginning April 1, 1992 for police service and $150 per call for medical service. Ail payments shall be due the City of Columbia Heights on July 15, 1992. This agreement shall in no way create an ongoing obligation by the City of Columbia Heights to provide police and medical services beyond April 30, 1992. If the City of Columbia Heights and the City of Hilltop do not contract for services after April 30, 1992, all police and medical services shall terminate at 11:59 p.m. on April 30, 1992. For Columbia Heights: Donal~ Murzyn ~r., Mayor For Hilltop: J~mes Shear, Mayor Ruth Nelson, City Clerk Date Da~e COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Patrick Hentges, City Manager David P. Mawhorter, Chief of Police Update on Community Policing Grant July 22, 1993 Attached is the quarterly report of April through June for the community policing grant. The report describes our progress toward the goals of the grant, the amended work plan that was approved by the grant administrator and some backup material on the activity level of the officer assigned to the grant position. We are progressing at a good rate toward achievement of the program goals, even with the changes that were made to the program at the request of command staff. Activity analysis of the assigned officer shows that 65 per cent of his time was devoted to program related activities during this evaluation period. Officer Bartlett has been replaced by Officer Nightingale as the program officer. He has recently completed a two-week training period and is now working independently. If you have any questions regarding this report, please contact me. DPM:mld 93-294 Attachment STATE OF MINNESOTA OFFICE OF DRUG POLICY COMMUNITY CRIME PREVENTION PROGRAMS QUARTERLY PROGRESS REPORT Today's Date: Report for Dates: Organizatidn Name: Program Director Name: Telephone #: Address: July 3, 1993 Columbia Hei6hts Police Department Year Chief David P. Mawhorter (612) 782-2844 559 Mill S'~reet Northeast Columbia Heights, MN 55421 Report Completed By: Signature QPR.CCP 1 LU I-- C--O ~:nn~:n:n cq 0 I. LI t~r[ef[¥ describe any difficuJties or problems that hindered achievement of your objectives. How will you resolve these issues7 Officer (Randy Bartlett) on grant portion of Community Policing project requested to be removed from the assignment in mid-April 1993. Attempted to solicit interested volunteer for replacement. No strong interest shown. Appointed replacement officer effective June 29, 1993 after considering his experience level, work ethics, ability to communicate with the pubiic and desire to work together as a team. Officer Terence Nightingale selected. If your activities were of the nature where attendance was kept, please report how many activities were held and the number of people in attendance at each activity. Monthly landlord meetings held. Attendees increasing. Two new members at June 27 meeting. Very positive response from them. Total number now up to approximately 30 per session. Were there resources you used or developed during the quarter that were particularly useful (i.e., a c,]rriculum, trainer, speaker) that you would recommend to others...or were there resources that you would recommend avoiding? Please explain. Yes! Linda Bosma from MPD SAFE unit gave an excellent 45 minute presentation to our landlord group on tenant screening. Very knowledgeable and thorough. 5. Please attach copies of any press clippings, flyers, letters: survey results which relate to your project's activities during the quarter. Attachment 1 - "CrimeWatcher" neighborhood watch newsletter Attachment 2 - Newly adopted trespass ordinance warning form Attachment ~ - c~opy.of tr.e.spass s~ign~s posted Attachment - JOb ~escr~pn~on oz ~o~. 6. What assistance would you like from the Office of Drug Policy regarding the operation or support of your project? n/a The work plan needs revision. The budget needs revision. Other - list below O~IL~INAN~'E I~4. Tt~ESPA$~iN~ ON THE I_~NO OF ~NOTHEF1. a. No person shall intentionally tiespass on the land of another and, without claim of right, refuse to depart therefrom on demand of the lawful possessor thereof or his agent. A demand to depart may be made as follows: (1) Orally, or in writing, by the lawful possessor or the possessor's agent; or, (2) By conspicuously posting at reasonable intervals signs which prohibit trespass on the affected land; or, (3) By conspicuously posting at reasonable intervals signs which prohibit trepass on the affected land during certain hours. b. No person who has received a written demand to depart pursuant to clause (1) of paragraph (a) of this section shall reenter the lawful possessor's land without the written permission of the lawful possessor or the agent providing said demand for a period of up to ninety (90) days from the date of the written demand, as provided therein. A building owner can authorize the Columbia Heights Police Department to enforce the trespassing ordinance by signing an affidavit to the effect. It shall be noted on this date you were advised of the above ordinance. (month/day/year) If you return to the premise in the next 90 days, the Columbia Heights Police are authorized by the owner of this property to enforce this ordinance. Address of place you were trespassing Name of Party trespassing Date of Birth Name of Person Advising Signature of person receiving warning Make two (2) copies, if possible: one (1) to the offender, one (1) to remain with the district squad. If possible, attach poloroid photo to squad copy. i Juveniles can not be photographed. I Columbia Heights Cornmunity Police /Crime Prevention Unit I 559 Mill Street N.E., 782-2840 W a r n i n g i s v a I i d f o r 9 0 d a y s Columbia Heights , MN 55421 POSITION DESCRIPTION COMMUNITY ORIENTED POLICE OFFICER SHEFFIELD, HILLTOP, CENTRAL BUSINESS DISTRICT NEIGHBORHOODS PURPOSE: ~: The community oriented police officer (COP) assigned the Sheffield, Hilltop, and Central business district neighborhoods is a specialized patrol function designed to meet the needs of these neighborhoods by: : 1. increasing accessibility of the officer to the public and the business community, 2. cultivating and building a working relationship between police and citizerls aimed at cooperative neighborhood problem solving efforts. 3. improving cooperation between police and other service agencies and citizens to increase delivery and coordination of needed services to this area. 4. identifying ongoing or repetitive problems and developing tactics to address them with long-term solutions. The primary objective of the COP will be to reduce the fear of crime and disordet'~ ~o assist the public in mobilizing to deter criminal activity and neighborhood disorder, and to solve problems related to crime and disorder in a manner that makes the most effective use of available resources. ~ TECHNIQUE: ~.' '~'-~' '~'' ' The community oriented police officer (COP) wiIl incorporate various patrol teohniques. In addition to conventional motorized patroI, the COP will utilize foot, uniformed bicycle and any other patrol means practical to reach these goals. DUTIES: The COP officer will work as a,liaison with other public service agencies (i.e., HRA, School District #13, Anoka County Social Services, county/city attorney offices, and mediation services) to assist the public in obtaining the services needed to address their problems or concerns. The COP will focus on accessibility to the public and business community of Hilltop and the Sheffield neighborhood and Central Avenue business area of Columbia Heights. The officer will provide any service practicable to meet the needs of these groups. The COP will assist in facilitating growth of neighborhood groups and conducting business seminars through close work with the Columbia Heights Police Department's cr~me prevention unit. The COP will follow, on a daily basis, the duties outlined in the Community Oriented Policing Daily Task List. 3. 4. 5. o DAILY 'TASK LIST '~'~ ~'" ~ ~!' ,"" '; A S~ COM~~ O~~ ~LICE O~CER (07~ - 17~ ~.) Review D~ly ~g ~d conduct briefing ~ ~ or C~tor a. Identify cases requiring follow-up work (i.e., loud parties, domestics) Return phone messages Complete follow-up contacts requested bY officers Prepare for any upcoming meetings/presentations--' Begin field work for the day - Patrol a. b. C. Weekly contacts - block captains ,i,.. ~' Handle/assist radio calls in assigned areas When possible Complete investigations assigned (maximum 4 per week) Conduct briefing with B shift COP during latter half of shift 2. 3. 4. DAILY TASK LIST B SHIFT COMMUNITY ORIENTED POLICE OFFICER (Noon - 2200 Hrs.) Review Daily Log and conduct briefing with Captain or Coordinator Return messages Briefing: meet with A shift COP ":" ~.. .... Begin field work for day a. Make regular business contacts (grids 19-20) b. Handle/assist radio calls in assigned i~reas when possible c. Complete investigations assigned (maximum 4 per week) Prepare for upcoming meetings Emphasize residential patrol in early evening hours Brief B-shift sergeant of any .relevant iterns of business 8. Facilitate evening meetings Zn" Z LIJ 12. CALLS HANDLED DURING THE EVALUATION PERIOD THAT WERE OUT OF THE PROJECT AREA # OF # OF OFFICER TOTAL CALLS TOTAL DATE ASSISTS MIN, HANDLED MIN. 04/01 0 0 I 10 04/02 0 0 2 15 04/03 0 0 0 0 04/07 2 25 0 0 04/08 0 0 0 0 04/09 0 0 2 15 04/10 2 20 I 15 04/14 I 5 0 0 04/15 0 0 0 0 04/16 0 0 2 40 04/21 2 25 3 55 04/23 0 0 7 160 04/24 0 0 1 10 04/28 0 0 I 50 04/29 0 0 2 25 04/30 4 55 1 10 NOT A CPO SHIFT APRIL TOTAL 11 130 23 405 05/01 1 5 1 15 05/03 0 0 I 50 05/O4 1 25 1 30 O5/05 1 5 3 3O 05/06 0 0 0 0 05/07 4 35 4 80 05/08 I 10 2 100 05/12 I 55 0 0 05/13 0 0 1 45 05/14 0 0 9 290 05/15 2 30 1 10 05/21 2 25 1 60 05/22 ., 2 15 1 15 05/23 I 10 7 85 05/27 1 5 12 180 05/28 1 15 5 75 05/29 0 0 3 125 NOT A CPO SHIFT * NOT A CPO SHIFT * NOT A CPO SHIFT * NOT A CPO SHIFT MAY TOTAL 18 235 52 1190 06/02 0 0 I 5 06/03 I 40 5 105 06/09 0 0 3 60 06/10 2 10 3 35 06/11 2 30 2 35 06/12 5 50 1 25 06/23 1 10 3 70 06/24 3 75 I 65 06/25 I 10 1 20 * NOT A CPO SHIFT JUNE TOTAL 15 225 20 420 GRAND TOTAL 44 590 95 2015 A total of 139 officer assists and calls for service were handled outside of the project area by the project officer in the last three months of the grant cycle. This amounted to a total of 2605 minutes or 43 hours of the officer's time. This represents 10% of the total 420 hours worked during this evaluation period, There were six shifts (60 hours) where the program officer was assigned regular patrol duties during this evaluation ~riO~. ~i~ m~prGsew'~s 1~% o~ me total shi~ts worked during the evaluation period. Office of DRUG POLICY & VIOLENCE PREVENTION 395 John Ireland Blvd., Room 316 Phone: (612) 297-7311 TDD Phone: (612) 297-2100 Fax: (612) 297-7313 April 29, 1993 Chief Dave Mawhorter Columbia Heights Police Department 559 Mill St. Columbia Heights, MN. 55421-3882 Dear Dave: Thank you for the timely submission of your expenditure report for the period 1/1/93-3/31/93. I have reviewed your expenditure report and have taken action to have a check in the amount of $9152.14 issued to your agency. Attached is your expenditure report for next quarter. Please allow 10-14 days for the receipt of your check. The check reflects the following calculation: Previous Expenditures $ 14,779.79 Current Period Expenditures $ 9,152.14 Total Expenditures $ 23,931.93 1992 Grant Amount $40,000.00 Advances and Reimbursements to Date Reimbursement for Current Expenditures Balance in State Account $ 6,068.07 $ 24,779.79 $ 9,152.14 I also approve ,/our request to revise the workplan. It clearly makes sense. Please let Randy know that I still need the service report for the period 1/1/93-3/31/93. Carol Sullivan is the new contact person at the Department of Education for the Violence Councils. She is sending out a letter of introduction next week. Contact her regarding extending the council grant. I will call next week re: GTS and other plans and schemes. Sincerely, Jeff M Boisvert (612}296-0922 , ~EPARTIk~EN~q CARL J. NEWOUIST S. WILLIAM EKSTRUM ~TT~ ~T ~W SUITE 301. FRIDLEY PLAZA OFFICE BUILDING 640~ UNIVERSITY AVENUE N.E, ~RIDLEY. M~N NESOTA TELEPHONE {6~) 57i-6870 FAX (~t~) OF COUNSEL DOUGLAS J. PETERSON CERTIFIED REAL ESTATE LAW SPECiALiST April 19, 1993 City of Columbia Heights 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 Attention: Ms. Linda L. Magee, Assistant to City Manager RE: Columbia Heights/Hilltop Cable Communications Franchise Expenses Dear Ms. Magee: I have been asked to respond to your letter of March 31, 1993 to the Hilltop City Clerk. Seemingly, each year, at least for the past few years, we have gone through a perhaps rancorous process regarding cable television expense billing. Each year, Hilltop has complained that the billing has been lacking in any detail and particulars, and I think in most years we have eventually reached a compromise. While we have agreed to pay a proportionate share of the expenses of the cable commission, Hilltop has never agreed to Day Columbia Heights for a share of the City Manager's salary or the salary of any other employee of Columbia Heights° Hilltop has never agreed to pay any portion of legal expense that Columbia Heights may incur. An exception would be the cable co~u~ission secretary who may otherwise be a full-time Columbia Heights employee. We understand that her compensation is $70.00 per commission meeting. Not only did we not authorize or agree to the apportionment of services in 1992 wherein the Columbia Heights City Manager spent 10% of his time on cable television matters and the Assistant city Manager spent 15% of her time on cable matters, we simply cannot fathom how or why the cable system should require hundreds of hours and thousands and thousands of dollars of top administrative time and talent. For instance, what did you do in 1992 that caused you to spend 15% of your time on cable television matters? Whatever it may have been, it assumedly had nothing to do with the City of Hilltop, was not for Hilltop's benefit, and was certainly not requested by the City of Hilltop° Ms. Linda L. Magee April 19, 1993 Page 2 If the billing is meant to reflect time spent by Columbia Heights on the cable franchise transfer, then it is necessary for you to understand that the City of Hilltop went through the same process of approving the transfer and its council, clerk and city attorney likewise devoted substantial amounts of time to the franchise transfer including the preparation and adoption of ordinances. Both cities had to essentially go through the same process of approval of the transfer. it simply has never occurred to the City of Hilltop to attempt to charge back its administrative time and costs to either the commission or the City of Columbia Heights. To the best of our knowledge, while we are being billed for a proportionate share of the 50% of time spent by the special projects coordinator, I don't believe that the Hilltop Council even knows who that individual is but certainly that person has never worked on a special project for Hilltop. Either we have a very substantial breakdown in communications or the person in question works exclusively on Columbia Heights projects. To the best of our knowledge, neither Hilltop nor any of its citizens have ever used the access channels. Each community has essentially dealt with cable television as it deemed best. Columbia Heights may make substantial use of access channels for its council, commissions and for its citizen projects. Philosophically~ Hilltop has only attempted to provide cable service to its residents. It would appear that Hilltop should certainly share on a proportional basis the $70.00 per meeting expense of the cable commission secretary. Likewise, Hilltop should share in the $1987.68 of expense for travel/conferences/schools, $2339.65 of expense for subscriptions/memberships/miscellaneous charges and $36.35 of expense for postage and telephone assuming that the latter expenses were generated by the cable commission and/or its secretary. As your letter points out, the commission attorney services were reimbursed in the Hauser transfer. In fact, since the total attorney fees for 1992 were $23,836.62 both for the commission attorney and the Columbia Heights City Attorney~ it appears that the reimbursement for attorney cost of $24,969.52 was in excess of the commission attorney costs and the Columbia Heights attorney costs. Was the balance meant to compensate Hilltop for its legal expense in approving the franchise transfer? Unfortunately, Hilltop and Columbia Heights seem to have almost an endless number of matters in controversy. It is my sincere wish and intent to not find one more 'thing to argue about or litigate. Unfortunately, this cable matter has dragged on through the years. I believe that there have even been years when Hilltop requested a Ms. Linda L. Magee April 19, 1993 Page 3 breakdown of expenses and we then heard nothing further from Columbia Heights. As I recall, in another year, we argued about legal costs when Columbia Heights decided to sue the cable company. In another year, we simply settled the expense matter by allowing Columbia Heights to keep the entire proceeds of a bond. As with most problems that afflict us, this problem may result primarily from a failure to communicate. I can tell you however that the Hilltop Council feels very uncomfortable when it is billed for a proportionate share of the salaries of Columbia Heights employees. For instance, as to the 15% of employee services you rendered to cable television, what was it that you did, why did you do it, what input did Hilltop have, and what benefit inured to Hilltop? It is possible that the Columbia Heights administration and council were totally unaware that Hilltop had to go through the very same franchise approval process as did Columbia Heights. We had the same cable company attorneys and representatives appearing at Hilltop Council meetings as appeared in Columbia Heights. I spent significant amounts of time meeting with the cable company attorney working on the details of the necessary Hilltop resolution and ordinance. One long term solution may be to have Hilltop participate in the administration process. Another solution may be to create an offset by having Hilltop charge back its personal services related to the cable commission and cable television. Since the franchise has been in place for a number of years, a partial solution may be better communications wherein Columbia Heights explains why such significant amounts of time and effort are being devoted to administering cable television. For you to be spending more than one hour of each working day on cable television matters is absolutely mind-boggling unless the cable system is so screwed up that there is a daily problem of crisis proportions. This is particularly true where the city manager is spending more than 45 minutes each day on cable television matters. Likewise, Mr. Anderson's secretary was also allegedly devoting more than one hour of each working day ~o cable television matters. Unless the system is totally out of control, the Hilltop Council simply does not understand what is going on. Finally, the expenses and cost distribution being at issue, I assume that you will not be claiming service charges until such time as we can resolve the amount in dispute. I would be happy to meet with you and/or representatives of the finance department to seek some clarification and resolution of this issue. Also, if the Columbia Heights Council has directed staff any significant amounts of time in 1993 on cable television related matters, could you Ms. Linda L. Magee April 19, 1993 Page 4 please advise us up front so that the Hilltop Council has some understanding of what will be occurring in 1993. Thank you and please advise. c~"~-~o-. N~quzst CJN:pp CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Donald J. Murzyn, Jr. Counciimembers Sean T. Clerkin Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Stuart W. Anderson Ruth Nelson City of Hilltop 4555 Jackson Way Hilltop, MN 55421 March 31, 1993 Dear Ms. Nelson: June Johnston, Assistant Finance Director, forwarded your letter dated March 17, 1993, (and received by the City on March 25, 1993) to me regarding cable television expenses. The City of Columbia Heights has served in the capacity of administrator of the Columbia Heights/Hilltop Cable Communications Franchise since a cable franchise was first granted more than ten years ago. 'Expenses incurred have been distributed between the two communities on the basis o't average annual number of subscribers between thc two communities. The time al~portioned under personal services for 1992 was as follows: City Manager .................................... 10% Assistant to the City Manager ........................ 15% City Manager's Secretary ........................... 15% Special Projects Coordinator ......................... 50% Cable Commission Secretary ......................... $?0/meetlng These figures are based on the budgeted amount of time spent in the activities related to the administration of the cable franchise and programming activities related to the access channels. This is derived based on previous years. No time is charged or included for time incurred by the Finance Department staff due to Columbia Heights serving as the administrator of the franchise. You questioned what services were provided by legal counsel totaling over $23,000. These services were provided by Tom Creighton, the Attorney for the Cable Commission. The reason it was relatively higher this year than in the past is because of the time involved in the transfer of ownership of the cable system. It should be noted, however, that..cos~associated with the transfer were not charged to you, as they were reimbursed 'SERVICE IS OUR BUSINESS' EQUAL OPPORTUNITY EMPLOYER Ms. Ruth Nelson Page 2 March 31, 1993 The City of Columbia Heights does not charge Hilltop for cable expenses incurred that were for the sole benefit of the City. I trust this responds to your questions. Please c~)n~act me if you need additional information. ~ ~Assistant to the City.er J LLM:bj 93/41 cc: City Manager Assistant Finance Director CITY' OF HILLTOP 4555 JACKSON STREET NORTHEAST HILLTOP, MINNESOTA 55421 571-2023 March 17, 1993 RECEIVED '~. j~ v. j~ns~n ~IAR 2 5 1993 Assistant Finance Director City of Columbia Heights CLERK C~y of 590 40th Avenue NE Comm~ia Heights Columbia Heights, MN 55421 Re: Cable television franchise expenses, your February 8, 1993 letter Ms. Johnseon, Tne above referenced letter and request for reimbursement was presented to the Hilltop City Council at its ~.~arch meeting.. Before authorizing the $3370.03 expenditure, the Council directed n~ to obtain more information frc~ you about certain expenses. The Council would like to know what p~iculAr services were provided by legal counsel which total over $23,000.00; what _specific joint franchise matters received counsel's attention? Also, t2%e Council would like to know %~at formula is followed to apportion time of persons listed under "Personal Services". To date, Hilltop has never charged the joint franchise for any resources or time of Hilltop's franchise representative, City Attorney, City Council or City Clerk. Perhaps a foznmLta simi:Lar to your own will be adopted in the future to charge the joint franchise for the services of t_hose persons mentioned above o ~ile the Hilltop City Council is more than happy to pay the City's fair share of joint franchise cc~nission expenses, councils do not feel any obligation to reimburse the City of Columbia Heights for expenditures which appear to have been made when certain persons w~re acting on behalf of the City, rather than the joint franchise cczm%ission. If you have any questions, please feel free to contact me at the number shc~n above. If it is possible, I would li~-= to be able to respond to the Council's questions at Hilltop's next regular meeting on April 5, 1993, so reimbursement is not delayed longe~ than is necessary. Very truly yours, Ruth Nelsen City Clerk CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Donald J. Murzyn, .Ir. Councilmembers Sean T. Clerkin Bruce G. Nawrocki Gar)' L. Peterson Robert W. Ruettimann Cit)' Manager Smar~ W. Anderson February 8, 1993 Mayor and City Council of Hilltop City of Hilltop 4555 Jackson Way NE Hilltop, MN 55421 Honorable Mayor and City Council Members: As in previous years, the City of Columbia Heights is hereby providing a statement for 1992 expenditures incurred in behalf of our joint cable television franchise. Based upon a breakdown of expenses as prepared by our finance depat~ient, I am submitting the following report: EXPENSES Personal Services Other Services and Charges $47,127.44 28,212.36 TOTAL EXPENSES Less Reimbursement for Hauser Transfer $75,339.80 -24,969.52 NET EXPENSES $50,370.28 Average Number of Subscribers - Columbia Heights 3,654 Average Number of Subscribers - Hilltop 262 TOTAL SUBSCRIBERS 3,916 COST DISTR~UTION Columbia Heights Hilltop TOTAL COST $47~00.25 3e370.03 $50,370.28 "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER Mayor and City Council of Hilltop February 8, 1993 Page Two As can be seen from this breakdown, costs are being distributed between the two communities on the basis of the average annual number of subscribers between our two communities. The costs are pro-rated on the basis of the number of subscribers within each community as compared to the total number of subscribers in the cable service territory. The results of this calculation is that the City of Hilltop is responsible for $3,370.03 of the total cost as previously indicated. I would appreciate the City Council authorizing reimbursement of $3,370.03 as the City of Hilltop's net share of related expenses associated with administering the joint cable communications franchise. For your information, I have attached a more detailed explanation of expenses associated with each major object of expenses. If you should have any questions regarding the above, please do not hesitate to coritact me. Sincerely, C1TY OF COLUMBIA HEIGHTS Im~e V. Johnston Assistant Finance Director JVJ:dn 9302083 Enclosure CC: Smart Anderson, City Manager, Columbia Heights Columbia Heights Mayor and City Council Columbia Heights/Hilltop Cable Commission Ruth Nelsen, City Clerk, Hilltop William Elrite, Finance Director, Columbia Heights EXPENSES INCURRED BY COLUMBIA HEIGHTS IN BEHALF OF THE COLUMBIA HEIGHTS/HILLTOP CABLE COMMUNICATIONS FRANCHISE DURING 1992 Personal Services - Salary and Benefits $47,127.44 Costs involved are a proportionate share of the City Manager, Administrative Assistant to the City Manager, Administrative Secretary for time spent in administering the Columbia Heights/Hilltop Cable Communications Franchise and Cable Commission Secretary. Other Services and Charges Advertising, publications and printing (publication of a newsletter, printing of complaint forms, etc.). 12.06 Expert and professional services (attorney services; Bernick & Lifson, Kalina, Wills & Woods law firms) for attendance at Commission meetings and preparation of legal opinions. 23,836.62 Travel/Conferences/Schools (attendance of Commission Members at the Minnesota Association of Cable Television Administrators Annual Meeting and related expenses). 1,987.68 Subscriptions/Memberships/Miscellaneous charges (annual membership to the Minnesota Association of Cable Television Administrators and purchase of Satellite Orbit Magazine subscription), grants and contributions, insurance. 2,339.65 Postage and telephone (postage and long distance calls associated with cable administration. 36.35 $28,212.36 TOTAL $75,339.80 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Donald J. Murzyn, Jr. Councilmembers Scan T. Clerkin Ruth Nelson, City Clerk Bruce G. Nawrocki City of Hilltop Gary. L. Peterson 4555 Jackson Way NE Robert W. RuettimannHilltop, Minnesota 55421-2494 City Manager Patrick Hentges Dear Ms. Nelson: July 13, 1993 Reference is made to the City of Hilltop's recent inquiry as it relates to the impact of a Pawn Shop license on the Columbia Heights/Hilltop Joint Powers Police and Emergency Medical Service Contract. In discussing this matter with the Columbia Heights City Council, the City has determined that the development of the current contract did not contemplate a direct reimbursement for the extensive staffing time involved in administering a pawn shop license. Basically, our officers would be required--or an assigned staff member from the department would be required--to check on a daily basis and occasionally perform periodic inspections of the pawn shop to determine if pawn transactions are discovered to be stolen. Though some cities spend as much as 2 1/2 hours daily on this type of monitoring, we expect the activity to take, at the very least, one hour minimum per day. As it currently exists, our staffing is not sufficient to handle the specific additional work load of this nature. In summary, an annual fee ~f somewhere between $6,000 and $12,000 could be justified to offset the Police Department's time involved in administering the Pawn Shop License. In the event the license is approved, we feel this constitutes a substantial and material change to the conditions of the current contract, thus enabling us to terminate the agreement on five months written notice, with no resumption of service without new negotiations. If the City of Columbia Heights can be of additional assistance, please do hesitate to contact me. Thank you. Patrick Hentges City Manager Dave Mawhorter, Police Chief Leonard Olson, Police Captain Mayor and City Council PH/sh 93/80 "SERVICE I$ OUR BUSINESS" FQUAL OPPORTUNITY EMPLOYER