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
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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