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HomeMy WebLinkAboutAugust 26, 1996 Regular AD~IISTRATION August 23, 1996 Mayor Joseph Sturdevant C~noi~er~ Dona~ G. Jolly Meg Jones Gary L. Peterson City Manager Walter R~ Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, August 26, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.B., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the ad~rdssion or access to, or treatment or employment itg its services, programs, or activities. Upon request, accotmnodaa'on 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 ach,ance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER AND ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the Regular City Council Meeting Minutes of August 12, 1996. 2) Establish Work Session Date for September, 1996 MOTION: Move to establish Monday, September 16, 1996 at 8:00 p.m. as a work session date for September, 1996. 3) Adopt Revisions to John P. Murzyn Hall Management Plan MOTION: Move to adopt revisions to the John P. Murzyn Hall management plan establishing criteria for scheduling security services and dates that Murzyn Hall be closed in observance of holidays, as outlined in Park and Recreation Commission submittals dated August 9, 1996. 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia Heights does not rliscriminate on the bosis of disability in employment or the provision of services Equal Opportunity Employer CITY COUNCIL AGENDA FOR AUGUST 26, 1996 PAGE 2 Authorize 11th Annual 500 Club Kielbasa Days Celebration MOTION: Move to authorize the 500 Club to serve beer and have live music in theirparking lot on September 6th, 7th and 8th, 1996from 3:00 p.m. 8:00 p.m. each day, in conjunction with their Eleventh Annual Kielbasa Days Celebration at 500 40th Avenue N.E. Approve License Applications MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of Dale Sorensen, Community Service Officer, Police Department B. Anoka County Recycling Recognition to the City PUBLIC HEARINGS A. Public Hearing - Second Reading of Ordinance 1330, Being an Ordinance Amending Zoning Ordinance Relating to Car Sales in the Retail Business District RECOMMENDED MOTION: Move to waive the second reading of Ordinance 1330, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance 1330, Relating to Car Sales in the Retail Business District. 7. ITEMS FOR CONSIDERATION Other Resolutions/Ordinances 1) Resolution 96- , Being a Resolution Consenting to Cable Television Transfer to Continental RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 96- , Being a Resolution Consenting to the Transfer of Control of and Certain Ownership Interests in a Cable Television Franchisee to Continental. 2) Resolution 96-__~ Being a Resolution Consenting to Cable Television Transfer to U.S. West, Inc. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to Adopt Resolution 96-_~ Being a Resolution Consenting to the Transfer of Control of and Certain Ownership Interests in a Television Franchisee to US WEST. CITY COUNCIL AGENDA FOR AUGUST 26, 1996 PAGE 3 Bo Bid Considerations 1) Authorize Staff to Seek Bids to Line/Repair Pipes at LaBelle Pond RECOMMENDED MOTION: Move to authorize staff to seek bids line/replace C.M.P. outletting into LaBelle Pond. to 2) Approve Final Payment for 1996 Street and Parking Striping RECOMMENDED MOTION: Move to accept the work for 1996 Street and Parking Lane Striping, and to authorize payment of $5,143.64 to AAA Striping Service Co. of Rogers, Minnesota. 3) Authorize Purchase of Mobile Data Equipment RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into agreements to purchase two Motorola radio/modem units with software and associated hardware and one notebook computer for a total of $8,400 plus applicable sales tax, funded from the Capital Equipment Replacement Fund 431-42100-5180. 4) Approve Quotations for City Newsletter Printing RECOMMENDED MOTION: Move to approve the low quotations of Rapid Graphics in the amount of $5,943.00 for the printing of the 1996 fall~winter '~Heights Happenings~ City newsletter and Recreation brochure, with funds being appropriated from Fund 101-45050-3440, and authorize the Mayor and City Manager to enter into an agreement for the same. Other Business 1) Consideration of Verbal Bid for Demolition of 537 38th Avenue N.E. RECOMMENDED MOTION: Move to award the demolition contract for 537 38th Avenue N.E. to K. A. Stark Excavating, Inc., with funds to be appropriated from 201-46310-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 2) Accept Recreation Department Donations RECOMMENDED MOTION: Move to accept the donations from the community organizations and businesses listed in the August 16, 1996 Recreation Director's memo for Recreation Department programs, supplies or equipment, and the cash amount reflected in the 881 budget account. 3) Extend Refuse/Recycling/Yard Waste Contract with BFI/Woodlake Sanitary Service RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a three year extension of the Refuse/Recycling/Yardwaste contract with BFI / Woodlake Sanitary Service, effective January 1, 1997 - December 31, 1999. CITY COUNCIL AGENDA FOR AUGUST 26, 1996 PAGE 4 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of the August 15, 1996 Telecommunications Commission Meeting. 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 12, 1996 1. CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF..ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Motion by Ruettimann, second by Jolly to remove item 10 from the consent agenda; that item being Council approval of the payment for emergency repair of the MT trackless. Roll call: All ayes CQNSENT AGENDA Motion by Peterson, second by Ruettimann to approve the following items on the Consent Agenda: Approval of Council Minutes The Council approved the minutes of the July 22, 1996 Regular Council Meeting as presented. Special Purpose Fence - Lauri/Jeff Javes. 4116 Ouincy Street The Council approved the request for a seven (7) foot high special purpose privacy fence as requested, provided the required property irons have been located, and the required permit is obtained prior to fence installation. Conditional Use Permit - Ashok Bedi. 4022 Central Avenue The Council approved the conditional use permit to allow the operation of a 33 seat deli/restaurant in combination with grocery sales at 4022 Central Avenue, as both uses are in compliance with the Zoning Ordinance, provided approval is granted by the Anoka County Health Department, the Building and Fire Inspectors. NATOA Conference Request - Linda Magee. September 8-11. 1996 The Council authorized the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Palm Beach, Florida, from September 8 - 11, 1996, and that all related expenses be reimbursed from Funds 225-49844-3105 and 225-49844-3320. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 2 So Se Approve Request to Serve 3.2 Beer at St. Matthew's Lutheran The Council approved the request of Charles Kewatt, St. Matthew's Lutheran Church, requesting permission to serve 3.2 beer at their picnic on Tuesday, August 20, 1996 from 6:00 p.m. to 10:00 p.m. at Sullivan Lake Park. Approve License Applications The Council approved the license applications as listed upon payment of proper fees and the rental licenses as listed in the memorandum from Lowell°DeMars dated August 12, 1996. Payment of Bills The Council approved the payment of bills as listed out of proper funds. Approve Permit F.ee w~iver The Council waived the permit fee for "JJ's Lunch Wagon" to sell food and beverages during the City Auction on Saturday, September 28, 1996. Deny Taxicab Driver License The Council denied the license application of William Elmer Floyd for a taxicab driver license based on the findings of the Police Department. Roll call on Consent Agenda: Ail ayes Approve Payment for Emergency Repair on the MT Trackless Motion by Jolly, second by Peterson to approve the payment of $3,377 to Wagamon Brothers, Inc., for the repair of Unit #234, funding from 701-49950. Councilmember Ruettimann explained he will abstain from voting as he is employed by the firm which did the repair. Roll call: Jones, Jolly, Ruettimann - abstain Peterson, Sturdevant - aye RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS There was no one present for this segment of the meeting. PUBLIC HEARINGS A. First Reading of Ordinance No. 1329 Being an Ordinance Pertaining to ~Q~ing Amendments Councilmember Ruettimann read the ordinance in its entirety. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 3 This ordinance will amend the conditional use portion of the Retail Business Section in the zoning ordinance. ORDINANCE NO. 1329 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.113(2)(k) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.113(2)(k) New auto and truck sales, used auto and truck sales in conjunction therewith, provided that the site involved therewith is a minimum of three (3) acres. is hereby amended to read as follows: 9.113(2)(k) Vehicles sales, not to exceed 2-tons, in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (10) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size~ type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) Ail required state and local licenses must be obtained. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 12, 1996 Motion by Peterson, second by Jones to schedule the second reading of Ordinance No. 1329 for August 26, 1996 at approximately 7:00 p.m. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 4 b. Public Hearing - License Revocation/Suspension, 3807 and 38~7 Central Avenue Northeast - Jeffrey D. Bahe Motion by Peterson, second by Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by Jeffrey D. Bahe regarding the rental property at 3807 Central Avenue and 3817 Central Avenue Northeast in that the property owner has complied with provisions of the Housing Maintenance Code. Roll call: All ayes c. Resolution No.96-54. Regarding License Revocation or Suspension. Bette Scott. 4518 Monroe Street During discussion of this property, neighbors advised that both of the units in this building are occupied. The occupants will have to vacate the property. The property is being lost due to foreclosure. The bank has no option to take action on the building for six months. Motion by Ruettimann, second by Peterson to waive the reading of the resolution. Roll call: All ayes RESOLUTION NO. 96-54 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL LICENSE HELD BY BETTE SCOTT, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4518 MONROE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JULY 1, 1996 OF A PUBLIC HEARING TO BE HELD ON AUGUST 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: REGULAR COUNCIL MEETING AUGUST 12, 1996 Page 5 FINDINGS OF FACT 1. That on May 1, 1996, Lowell DeMars, Enforcement officer, for the City of Columbia Heights, mailed re-licensing applications to Ms. Bette Scott, owner of the real property and incidental buildings located thereon at 4518 Monroe Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Bette Scott. 2. That on one other occasion, re-licensing applications were mailed to Ms. Scott with which a verbal response was received in which she stated that she has lost the property to the mortgage company and would not be re-licensing. 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4518 Monroe Street is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights, and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number 20162 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this order revoking the license as held by license holder. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 6 Passed this 12th day of August, 1996. Offered by: Jolly Seconded by: Jones Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1. Resolution No. 96-52 Being a Lotsplit Resolution for 957 42nd Avenue. Estate of Andrew Fetzek Motion by Jones, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96 - 52 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Robert Fetzek, for the Estate of Andrew Fetzek, hereby request a split of PIN 36 30 24 23 0055 Legally described as: The East 1/2 of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to easement to the City of Columbia Heights over North 30 feet 8/5/66 and subject to an easement over the South 5 feet for 42nd Avenue. THE DESCRIPTION HENCEFORTH TO BE: ae The north 165.00 feet of the East Half of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to an easement over the north 30.00 feet for 42 1/2 Avenue N.E. The East Half of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota, except the north 165.00 feet thereof. Subject to an easement over the south 5.00 feet for 42nd Avenue N.E. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 7 Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -Q,.be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. Robert Fetzek, Executor for the estate of Andrew Fetzek Signature of Owner P & Z Dept. Action: Recommend approval This 6th day of August, 1996 Offered by: Peterson Seconded by: Fowler Roll call: All ayes Rt. 2, Box 2590, Palisade, Mn. 56469 Owner's Address Phone # 788-4050/218-768-3945 Subscribed & Sworn to before me this 19th of August, 1996. Tina Goodroad (sig.) Zoning Officer Jean Carol Andres Notary Public City Council Action: Approved This 12th day of August, 1996 Offered by: Jones Seconded by: Peterson Roll call: Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary FEE: $10.00 DATE PAID 7-11-96 RECEIPT NO. 34899 REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 8 2. Resolution No. 96-51 Being a Resolution Desig~atina Election Judges for 1996 Primary/General ElectioD$ Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-51 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1996 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights; and WHEREAS: Pursuant to City Charter, Section 30 and M.S.S. 204A, the Council shall appoint, at least twenty-five (25) days before election, qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary Election to be held on September 10, 1996 and the General Election to be held on November 5, 1996, with an hourly remuneration of $9.50 for a head judge and $9.00 for an election judge. Passed this 12th day of August, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 96-53 Being a Resolution Adopting Change in Location of Precinct #5 The Finance Director previously submitted this polling place change in a motion format. This was an error as these types of changes require a resolution format. Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 9 RESOLUTION NO. 96-53 DESIGNATING ELECTION POLLING PLACES WHEREAS, the Columbia Height's City Council previously adopted Resolution No. 93-18 which established precinct boundaries for the City of Columbia Heights, and WHEREAS, it would be beneficial to change the polling place for Precinct #5 to a more centrally located site with easier access by voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, in compliance with the terms and provisions of Minnesota Statutes that the polling place for Precinct #5 be First Lutheran Church, located at 1555 40th Avenue Northeast in the City of Columbia Heights. Passed this 12th day of August, 1996. Offered by: Seconded by: Roll call: Jones Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Did Considerations 1. ~uthorization for Braun Intertec to Conduct Road Rater Testing on Zone 2 City Streets Motion by Sturdevant, second by Peterson to authorize Braun Intertec Corporation, Inc. to conduct road rater testing on Zone 2 streets, excluding C.S.A.H. and M.S.A.S. for $895.00/mile plus mobilization; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2. Authorization to Seek Bids to Line Sanitary Sewer and Rehabilitate Manholes Along Silver Lake from Beach to Boat Motion by Ruettimann, second by Jones to authorize staff to seek bids to line the sanitary sewer pipe and manholes along Silver Lake from beach to boat landing. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 10 3. Approval of Water Main Cleaning Service with H. E.R.C. Residents in the Innsbruck Parkway West and Innsbruck Parkway area have been experiencing "red water" and low pressure for a number of years. Measures were taken in 1991 with a line loop installation which provided a partial solution but some problems with tuberculation in the water main still need to be addressed. The Public Works Director explained the various methods available to solve the problems presently being experienced. Staff is recommending a new method called "pipe-klean" by H.E.R.C. which is less expensive than other'methods and is far less inconvenient for residents. He showed members of the Council a section of water main removed from the area. H.E.R.C. prepared a proposal to clean 2,476 feet of 6" pipe for $44,403 or $17.93/foot. Staff did not solicit bids for this work as the process is proprietary. For comparison, replacement of the line including pavement repairs is $43/foot and mechanical cleaning with groutings $29/foot. A meeting for affected property owners is scheduled for August 15th. The installation of a temporary water system is being proposed. Installation of this system is scheduled for the week of August 19-23 and the water main cleaning would be done the week of August 26-29. Motion by Jolly, second by Jones to accept the proposal from H.E.R.C. of Phoenix, Arizona, for the cleaning of 2,476 feet of 6" water main and provision of a temporary water system for a cost not to exceed $57,500, and furthermore, funding to be from Fund 651-49449-5130. Roll call: All ayes 4. Reiect Bids for 1996 Zone I Street Rehabilitation Project Staff is recommending that all bids be rejected as they exceed the available funding. Staff further recommends that the work for Zone I be bid with Zone 2 work next spring. The street crew would do remedial patching and repairs on Zone I streets this fall that were to be rehabilitated in order to get them through the winter. Motion by Ruettimann, second by Peterson to reject all bids submitted for the August 2nd bid opening for the 1996 Street Rehabilitation Zone I Project, as all bids exceeded the available funding. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 11 5. ~uthorization to Seek Bids for Ambulance Motion by Peterson, second by Jones to authorize staff to seek bids for the purchase of a new Fire Department ambulance. Roll call: All ayes C. Qther Business 1. Consideration of Verbal Bid for Demolition of 537 38th Avenue Northeast The City Manager recommended this item be tabled. He explained that the structure was recently destroyed by fire. The ownership of the structure and the land has reverted back to the Department of Housing and Urban Development (HUD). The process HUD had previously followed when a building needed to be demolished was to request the City to hire a contractor of its choice and pay for the work. Payment from HUD would be made immediately upon completion of the demolition. The City Manager has now been advised that the City would not be compensated for costs associated with demolition until the property is sold. To date, only one verbal bid has been received for demolition, that being in the amount of $4,645.00. Motion by Ruettimann, second by Peterson to table this matter for additional information until the August 26, 1996 Council meeting. Roll call: All ayes 2. Consideration of Lease of Water Tower Site for Communication Antenna Portions of the lease were reviewed. The lease is for a twenty year period with three, five year renewal rental periods. The first annual payment from the tenant is for $15,000 with an escalator for the ensuing years. The tenant would be required to give a 180 notice if they choose not to renew. Councilmember Ruettimann stated he feels this contract is not written in the best interests of the City. He has objections to the removal of the "dispute resolution" paragraph, the 180 day clause for the tenant to pull out of the lease and the twenty year duration of the agreement. He sees the lease as being completely controlled by the tenant and noted it was drafted by the tenant's legal counsel. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 12 Councilmember Peterson inquired how the installation of the antennas might affect the interior of the water tower and what plans have been put into place regarding site restoration after the antennas have been installed. The Public Works Director responded that the antennas will be attached to the exterior railings on the tower and should have no affect on the integrity of the tank. It was noted that the tenant will cooperate when there is maintenance needed on the water tower or painting is necessary. Also, the representative of the tenant advised there will be some trees and shrubs planted around the base of the water tower. Motion by Sturdevant, second by Jolly that the Mayor and City Manager enter into a contract for lease of the water tower with Sprint, noting the three corrections in the agreement from the last draft which change it to three additional five (5) year renewal periods; that the tenant shall pay annual rent in the amount of $15,000 for the initial lease year and that rent for subsequent lease years shall be increased by five (5) percent or an amount equal to the increase in the Consumer Price Index, whichever is greater. Roll call: Jones, Jolly Peterson, Sturdevant - aye Ruettimann - nay ADMINISTRATIVE R~POR~S a. Report of the City Manager The City Manager reported there has been no commitment from Habitat for Humanity regarding extending the garage space on houses currently being built in Columbia Heights. Councilmember Jolly inquired if payments have been received from the City of Hilltop as agreed upon in the sewer contract. The Public Works Director advised Hilltop has been billed for the first installment. It is not known if payment has been received. Councilmember Jolly extended thanks to employees of the Public Works Department for their major storm clean-up work. He also inquired what the City's position is on tree problems being experienced between two neighbors. The City Attorney stated this is a dispute between private property owners. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 13 Councilmember Jolly inquired as to how procurement of easements for the 44th Avenue sidewalk project is progressing. The Public Works Director responded there are still four to be gotten and one house is for sale. Councilmember Jolly inquired if the Hillcrest properties have been purchased. He was advised this sale is complete. The Councilmember requested the "For Sale'sign be removed. b. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS Minutes were received from the following meetings: a) The August 5, 1996 Traffic Commission Meeting b) The August 6, 1996 Planning and Zoning Commission Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Ms. Wyckoff, representing her mother whose home is located at 4261 Reservoir Boulevard, was at the Council Meeting to address the content of a letter received by her mother from the City. The letter advised Mrs. Wyckoff that a stump on her property must be removed. Ms. Wyckoff stated the stump has been on the property for ten years. Her family is law abiding and the stump will be removed. Her concern is with the tone of the letter which spelled out the fine and possible jail time if compliance is not met. She feels an apology and an explanation is due her mother. The Public Works Director advised that this form letter was part of a 150 letter mailing. He acknowledged this incident could have been handled with more diplomacy and respect. The tone of the letter is such as some property owners do not comply unless they receive a strongly worded warning. Members of the Council agreed that in this instance, the letter was offensive. Staff was directed to write a letter of apology to Mrs. Wyckoff. A resident of Fifth Street read to the Council definitions of certain words from a military dictionary. He also questioned a bill due the City from him. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 14 ll. CONVENE TO EXECUTIVE SESSION Motion by Ruettimann, second by Peterson to convene to an Executive Session for purposes of discussion of labor contract negotiations and pending charge of discrimination, and to appoint Linda Magee, Assistant to the City Manager, as Recording Secretary for the Executive Session. Roll call: All ayes The meeting was convened at 8:40 p.m. 12. RECONVENE REGULAR COUNCIL MEETING Motion by Ruettimann, second by Jolly to reconvene the Regular Council Meeting at 9:50 p.m. Roll call: All ayes 13. ADJOURNMENT Motion by Peterson, second by Jones to adjourn the Regular Council Meeting at 9:51 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 CITY MANAGER' S APPROVAL ITEM: ESTABLISH WORK SESSION DATE O BY: Walt Fehst BY: Traditionally, work sessions are held on the first and third Monday of each month. The first Monday in September is an observed holiday. The following Tuesday is the regular meeting day for the Library Board and the Planning and Zoning Commission. Both of these bodies have Council representatives serving on them, so there would be only three members of the Council who would be in attendance for a major portion of the work session. The time for the Monday, September 16, 1996, work session date must be at 8 p.m., as the Traffic Commission meets at 7 p.m. that same evening. RECOMMENDED MOTION: Move to establish Monday, September 16, 1996, at 8:00 p.m., as a work session date for September 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: ~ CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~ Recreation APPROVAL iT=: Revisions to John P. Mu rzyn Hail BY: Randy Q uale~ BY: /<~/~ Management Plan Recreation Director DATE NO: . , DATE: August 9, 1996 At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved two revisions to the Murzyn Hall management plan. The two revisions are: 1) Establish the criteria for scheduling security services at Murzyn Hall; and 2) Establish dates for 1996 and 1997 that Murz!rn Hall be closed in observance of holidays. Attached are memos detailing the two recommended revisions to the Murzyn Hall management plan. The rational for making the revisions are as follows: Establish Criteria for Schedulinq Security Services - Except when liquor is present on the premises, there was no established criteria for the provision of security services. Criteria needed to be established for events that had no liquor yet the Recreation and/or Police Departments deemed security services were required. Establish Murz~rn Hall Holiday Closinq Dates - It has been very difficult finding part- time custodial staff willing to work on holidays. Many of the part-time custodial staff have full-time jobs and would prefer to spend holidays with their families as opposed to working at Murzyn Hall. Also, most holiday usages of Murzyn hall are to fee-waived groups, so there shouldn't be any significant loss in revenues due to closing Murzyn Hall on holidays. The Park and Recreation Commission requests that the City Council approve the two proposed revisions to the Murzyn Hall management plan. RECOPIMENDED MOTION: Move to adopt revisions to the John P. Murzyn Hall management plan establishing criteria for scheduling security services and dates that Murzyn Hall be closed in observance of holidays, as outlined in Park and Recreation Commission submittals dated August 9, 1996. COUNCIL ACTION: ADMIN: CCHOLIDAY TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Members Randy Quale, Recreation Director ~ August 9, 1996 Security Services at John P. Murzyn Hall JPM) At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved to revise the Murz!rn Hall management plan in order to establish criteria for scheduling security services at Murz!rn Hall. The below criteria have been reviewed and approved by Police Captain Len O!son. When liquor is present on the premises. The security officer shall be scheduled from one (t) hour after liquor has begun to be served until JPM is cleared by the lessee. When wine or beer is the only intoxicating beverage being served and the event lasts three hours or less, the security officer will not be required (because of the low alcoholic content and short period). Except, the Columbia Heights Lions Club shall be allowed to serve liquor on its regular meeting nights until 10:00 p.m. to its members without the services of the security officer. ~ For dances, concerts or similar events that charge an admission fee with greater than fifty (50) participants. 3. For youth or teen dances with greater than fifty (50) participants. 4. For events exceeding 500 participants. For any other usage that the Police Department and/or Recreation Director deem a potential liability or property risk. When there are two or more events scheduled at JPM at the same time that both fall under one or more the criteria listed in #1 - #5 above, a second security officer should be scheduled if: 1. Each event exceeds 200 participants. 2. The total for all events exceed 500 participants· The Police Department and/or Recreation Director deem the event(s) a potential liability or property risk. When there are two or more events scheduled at the same time that require only one security officer, the security service fee shall be split between the renters during overlapping times. The Park and Recreation Commission requests that the City Council approve this proposed revision to the Murzyn Hall management plan. P&RCOMM: SECURITY.CC TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Members Randy Quale, Recreation Director August 9, 1996 1996-97 Murzyn Hall Closings on Holidays At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved to revise the Murzyn Hall management plan in order to establish dates for the remainder of 1996 and 1997 that Murzyn Hall be closed in observance of holidays. Listed below are the recommended holiday closing dates as well as the rational for closing Murzlrn Hall on selected holidays. Holiday pate Labor Day Veterans Day Thanksgiving Day Christmas Eve Day Christmas Day New Year's Eve Monday, September 2, 1996 Monday, November 11, 1996 Thursday, November 28, 1996 Tuesday, December 24, 1996 Wednesday, December 25, 1996 Tuesday, December 31, 1996 New Year's Day Martin Luther King Day President's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Eve Day Christmas Day New Year's Eve Wednesday, January 1, 1997 Monday, January 20, 1997 Monday, February 17, 1997 Friday, Match 28, 1997 Sunday, March 30, 1997 Monday, May 26, 1997 Friday, July 4, 1997 Monday, September i, 1997 Tuesday, November 11, 1997 Thursday, November 27, 1997 Wednesday, December 24, 1997 Thursday, December 25, 1997 Wednesday, December 31, 1997 Murzyn Hall may not be rented on the above dates without approval of the Park and Recreation Commission. That way the Commission may review the holiday rental requests and then determine if the rental warrants opening Murzyn Hall on a holiday. In addition, when New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday should also be considered a holiday. The Commission will annually determine the days that Murzyn Hall should be closed in observance of holidays. The rational for closing Murz!rn Hal! on holidays is due to the difficulty in finding part-time custodial staff willing to work on holidays. Many of the part-time custodial staff have full-time jobs and would prefer to spend holidays with their families as opposed to working at Murz!rn Hall. Also, most holiday usages of Murzyn hall are to fee-waived groups, so there shouldn't be any significant loss in revenues due to closing Murzyn Hall on holidays. The Park and Recreation Commission requests that the City Council approve this proposed revision to the Murz!rn Hall management plan. P&RCOMI4: HOLIDAY.CC CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: ,I CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~ Recreation APPROVAL ITEM: Revisions to John P. Murzyn Hall BY: Randy Quale'--~ BY: ~/~//~ Management Ptan~ A 3) Recreation Director DATE: ~/~/~ NO: . · DATE: August 9, 1996 At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved two revisions to the Murz!rn Hall management plan. The two revisions are: i) Establish the criteria for scheduling security services at Murzyn Hall; and 2) Establish dates for 1996 and 1997 that Murzyn Hall be closed in observance of holidays. Attached are memos detailing the two recommended revisions to the Murzyn Hall management plan. The rational for making the revisions are as follows: Establish Criteria for Schedulinq Security Services - Except when liquor is present on the premises, there was no established criteria for the provision of security services. Criteria needed to be established for events that had no liquor yet the Recreation and/or Police Departments deemed security services were required. Establish Murz~n Hall Holiday Closinq Dates - It has been very difficult finding part- time custodial staff willing to work on holidays. Many of the part-time custodial staff have full-time jobs and would prefer to spend holidays with their families as opposed to working at Murzyn Hall. Also, most holiday usages of Murzyn hall are to fee-waived groups, so there shouldn't be any significant loss in revenues due to closing Murzyn Hall on holidays. The Park and Recreation Commission requests that the City Council approve the two proposed revisions to the Murz!rn Hall management plan. RECOMbfENDED MOTION: Move to adopt revisions to the John P. Murzyn Hall management plan establishing criteria for scheduling security services and dates that Murz!rn Hall be closed in observance of holidays, as outlined in Park and Recreation Commission submittals dated August 9, 1996. COUNCIL ACTION: ADMIN: CCHOLIDAY TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Members Randy Quale, Recreation Director ~ August 9, 1996 Security Services at John P. Murzyn Hall (JPM) At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved to revise the Murzyn Hall management plan in order to establish criteria for scheduling security services at Murzlrn Hall. The below criteria have been reviewed and approved by Police Captain Len Olson. When liquor is present on the premises. The security officer shall be scheduled from one (1) hour after liquor has begun to be served until JPM is cleared by the lessee. When wine or beer is the only intoxicating beverage being served and the event lasts three hours or less, the security officer will not be required (because of the low alcoholic content and short period). Except, the Columbia Heights Lions Club shall be allowed to serve liquor on its regular meeting nights until t0:00 p.m. to its members without the services of the security officer. For dances, concerts or similar events that charge an admission fee with greater than fifty (50) participants. 3. For youth or teen dances with greater than fifty (50) participants. 4. For events exceeding 500 participants. For any other usage that the Police Department and/or Recreation Director deem a potential liability or property risk. When there are two or more events scheduled at JPM at the same time that both fall under one or more the criteria listed in %! - %5 above, a second security officer should be scheduled if: 1. Each event exceeds 200 participants. 2. The total for all events exceed 500 participants. The Police Department and/or Recreation Director deem the event(s) a potential liability or property risk. When there are two or more events scheduled at the same time that require only one security officer, the security service fee shall be split between the renters during overlapping times. The Park and Recreation Commission requests that the City Council approve this proposed revision to the Murzyn Hall management plan. P&RCOMM: SECURITY.CC TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Members Randy Quate, Recreation Director ~ August 9, 1996 1996-97 Murzyn Hall Closings on Holidays At the Columbia Heights Park and Recreation Commission's July 24, 1996 meeting, the Commission unanimously approved to revise the Murzyn Hall management plan in order to establish dates for the remainder of 1996 and 1997 that Murzyn Hall be closed in observance of holidays. Listed below are the recommended holiday closing dates as well as the rational for closing Murzyn Hall on selected holidays. Holiday Date Labor Day Veterans Day Thanksgiving Day Christmas Eve Day Christmas Day New Year's Eve Monday, September 2, 1996 Monday, November 11, 1996 Thursday, November 28, 1996 Tuesday, December 24, 1996 Wednesday, December 25, 1996 Tuesday, December 31, 1996 New Year's Day Martin Luther King Day President's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Eve Day Christmas Day New Year's Eve Wednesday, January 1, 1997 Monday, January 20, 1997 Monday, February 17, 1997 Friday, Match 28, 1997 Sunday, March 30, 1997 Monday, May 26, 1997 Friday, July 4, 1997 Monday, September 1, 1997 Tuesday, November 1i, 1997 Thursday, November 27, 1997 Wednesday, December 24, 1997 Thursday, December 25, 1997 Wednesday, December 31, 1997 Murz!rn Hall may not be rented on the above dates without approval of the Park and Recreation Commission. That way the Commission may review the holiday rental requests and then determine if the rental warrants opening Murzyn Hall on a holiday. In addition, when New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday should also be considered a holiday. The Commission will annually determine the days that Murzyn Hall should be closed in observance of holidays. The rational for closing Murzyn Hall on holidays is due to the difficulty in finding part-time custodial staff willing to work on holidays. Many of the part-time custodial staff have full-time jobs and would prefer to spend holidays with their families as opposed to working at Murzyn Hai!. Also, most holiday usages of Murzyn hall are to fee-waived groups, so there shouldn't be any significant loss in revenues due to closing Murzyn Hall on holidays. The Park and Recreation Commission requests that the City Council approve this proposed revision to the Murzyn Hall management plan. P&RCOMM: HOLIDAY.CC CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 26, 1996 AGENDA SECTION: ,~ CONSENT ORIGINATING DEPT.: CITY MANAGER NO:~ Comm. Devel. Dept. ~ APPROVALf r ITEM: 500 Club Request to Hold Eleventh BY: Tina Goodroa~) BY: ~'.~¢~ Annual Kielbasa Days Celebration DATE: August 21, 1~ No, For the past 10 years, the City Council has approved the request of the 500 Club, 500 40th Avenue N.E. to serve beer and have live music outside of their building as part of their Kielbasa Days Celebration. Mr. Pastuszak is again requesting authorization to do so September 6th, 7th and 8th, 1996. On September 6th the event will be held indoors and on the 7th and 8th it will be held from 3:00 p.m. to 8:00 p.m. outside in the rear parking lot. In the past, this event has caused no problems. Staff will notify Mr. Pastuszak of the conditions that will apply to this event as in the past. These include: 1. No vehicles can be used to block off any streets. 2. No street can be filled with tables and chairs or other items in such a fashion as to impede the response of emergency vehicles. 3. Any noise or complaints received by the Police Department would be handled with one verbal warning and if they are recalled, the celebration would have to cease. 4. If your business will be putting up any temporary signs regarding this event, you must have a permit for the signs. Please contact Tina Goodroad at 782-2856 for more information. RECOMMENDED MOTION: Move to authorize the 500 Club to serve beer and have live music in their parking lot on September 6th, 7th and 8th, 1996, from 3:00 p.m. - 8:00 p.m. each day, in conjunction with their Eleventh Annual Kielbasa Days Celebration at 500 40th Avenue N.E. COUNCIL ACTION: \bt\council.for HELP CRESER ~ A hsh-Kielbasa .Day s & Polka Mustc In Htstory ~ Certificate of ~embership MA¢,~,~GER CiTY OF COLUMi~IA HEIGHTS July 23. 1996 TO WHOM IT MAY CONCERN: The 500 Club, 500-4Oth Ave., N.E., proposes to hold its Eleventh ANNUAL KIELBASA DAYS CELEBRATION in the parking lot at the rear of the Club. The Kielbasa Days celebration will be hetc~ on Sept. 6th, 7th and 8th. Sept. 6th, will be held indoors only, the 7th & 8th will be from 3:00p.m. to 8p.m., which will be held in the parking lot at the rear of the Club. A canopy will be erected and plans are to serve Kielbasa Sandwiches, beer, soft drinks and snacks ?.nside and eaten outside. Old Time Music Will be played for the entertainment of the patrons attending. Frank J. Pastuszak 500 Club 500 4Oth Ave. N.E. Col. Hgts, MN..55421 Ph. 788-2679 -2- TO ~ITY COUNCIL AUGUST 26, 1996 ~Signed Waiver Form Accompanied Application APPROVED BY BLDG. INSP. Il II I1 II II II II ti I1 II II Il Il Il Il 1996 BUSINESS LICENSE AGENDA CONTRACTORS LICENSED AT *Donnelly Windows, Inc. *Four Season Const. Co. Fritze Plumbing *Groth Sewer & Water *K & B Siding Co. *Pyramid Sign go. *Rouse Mechanical, Inc. Sivanich Concrete Steel Tech, Inc. 2519 East 25th St. 7855 Qoincy St. 9381 Trenton Ln. N. -778 Tower Rd. 4632 N.E. 4th St. 253 E. 4th St. 2916 Nevada Ave. N. 315 Lilac St. 450 N.E. 38th Ave. FEES $ 4O.OO 4O.OO 4O.OO 4O.00 4O.00 4O.OO 40.00 4O.OO 40.OO SAFETY & HEALTH, ANOKA COUNTY HEALTH II II ITINERANT FOOD CONCESSIONS Col.Hgts. Park $ Rec Youth Football N.E. State BAnk Jody Woelffer Huset Park 8/27/96 REQUEST FEES BE WAIVED 3989 Central on Plaza $30.00 9/6/96 POLICE DEPARTMENT TAXICAB DRIVER *Vadim Anatol-Yevich Chapchoy 3728 Foss Rd., #15 drive a taxicab(#71) $20.00 TO~C1TY COUNCIL AUGUST 26, 1996 *Signed Waiver Form Accompanied Application ADDENDUM TO 1996 BUSINESS LICENSE AGENDA APPROVED BY ITINERANT FOOD/BEV CONCESSION LOCATED AT. FEES CONTINGENT SAFETY $ HEALTH: Oak Hill Baptist Church Dave Briley, Board Chairman 4141 University Ave. September 7, 1996 REQUEST FEI BE WAIVED .PUBLIC DANCE COflTINGENT POLICE DEPT. Oak Hill Baptist Church Dave Briley, Board Cha?rman 4141 University Ave. September 7, 1996 Outdoor Concert REQUEST FEE BE WAIVED $~NT BY:ACS0 8-23-B~ ; 13:38 ; )2~OKA C0. SI-IERIFF~ $12 782 2801;# 4141 University Avenue NE Columbia Heights, MN 55421 Au[,mst 23, 1996 City of Columbia Heights Attn: Kathy Pepin 590 -40th Avenue NE Columbia Heights, MN 55421 Dear Kathy: 'Enclo~xt are thc applications for the food license and the dance/live music license for September 7, 1906. Oak IFil Baptist Church will be hosting a neighborhood block party during that at~temcmn, with a live band, hot dogs, brats, chips, etc. This will probably wind up around 7:00 P.M. We have alto applied for an Anoka County license to serve food. We haven't decided if we will ask for donations for the food, but if we do, it will be minimal. There will be no alcoholic beverages or beer served, only sot~ drinks, coffee, etc. Nor will there be any dancing. This is local missions activity for our church, not a fund raiser. We want the neighborhood to become more acquainted with our ~hurch. Beeattse we have limited finances for this activity, we respectfully request the City Council to waive ~he license fees for these two licenses. Thank you for your assistanoe and consideration to this request. Sincerely, Board Chairman { BF;..'(:: I J.t. ~ ,~...,.l.;-.d_. SYSTi':];'~ 08/2:_'~/96 :[0 ,-, 09: 1 t F:'UND F;~ECA. F:' :: {::'U N I) I)E S CF;.: I F'T I 1 C) I GENERAL. 20:[ COMMUN:[TY DEVEI..OP?~ENT FUND 2.02 AN(]i<A COUNTY 17..O:.;~ PAR}<V.T. EW V:I:LLA NOR*TH :'204 {:::CONOM]:C :O{:iJVJ!::L.C)F:'M~::NT AUT{"{ 2:J, 2 STATI::: A]:D 2.2.5 C A :'?,J...J::: 240 L ]: BRARY 406 {~{E:OTJ:;,'t'.]N ]: C :)~::?~/EL.(]{::'Jv{{::]'~ T 4 :.'.'] :{.CAP [:::Q{.J ]: J::' 60:k WATER 602 S E::W'~R UT]:L ]:TY 60 :.':.'; F;-:. E {::'{..J ,?, E 60<.:' Li ]: 70 :{. C, ENTF;,'AL GAF~'.AGE 7:{.0 E:I',I~::R(BY t'qANAGE:M{:i:NT Y ::'J~ 0 DATA 881 C C~ N T F;,' ]: 885 ,'."~ 86 .T, N V E S 7?iE N'T' 'T'RU S T ,':.'~ ~.~ YJ::'J...J::: X I(< JZ: J',ff]: {::' :{: ':[ ~:~ (:.~:~ j::'[:i].., ]: C}:::/J::' '?'[)TAL AL.L {::'Ut,II)S BAI'tK RECAP: BAN {< {"lAME BAN {< CI-.{EC l< ]:},IG ACCOUNT T(:)TAL AL.I... BANKS C he c k H :i. s t o r y I) I S B,'..J F< S :7: {'"{ E N T 3.]., 898. !9 3,825., <59 :t, 55t. 20 15 :, 482 .. 55 104.14 2,58 :i.., 4.7 I :.: 018.89 6 :, 394 ,, 39 425 ,, 00 I, 061 :. 00 2,726.70 i .:, 115.07 :t :, 387.72 4,240.00 2, -3B0.22 :LB :: 022 :. 7:! 7 2,406 .: 48 · . i "'.~::: 5 ¢): ........ . ....... !44,338.: 93 8 :, 2 :}.9 ,, 98 7,971 ,, 03 I .,, 28 i ,, 20 9,096 ,, 37 208 :, 257 ,, 33 150 :, 000 ,, 00 45:j. ,, 62 t, 0 ',53 ,, 6 :t 770 :, 445 ,, 27 t) ]: F.';BU R SE ME N T S 770,445 II 27 770,44:.5 ,, 27 BRC F'INANCtAL SYSTEM 08/23/96 ]. 0: 0 Check Hisi:ory 8/26/96 [;OUNC]iL, L]iST C I'TY [.'ii::' CSL. LJMB ! A FIE Z GHTS GL540R'"'VG4.50 F"AGIi'E I BAN K VENDOR CI.-H:ZC K NL.IM B E::F¢ AMOUNT BANK CI..IIECKII,IG ACCOIJIqT AARF' ABH EQt.J.T. F:'MENT Al) i RONI)ACK t) I AMER]:CAN t...INEFf 8LJF'PLY CO BA ]: RD / I='~E:SS ]: Iii: ]DR :I: I'-IZA/M A T T'HE:W BF;~OWN/OSCAR & ]"lii:I)I) I C ]:"f'Y I:'AGE:S [~,I...A Y MO F~ E: / F:'A LJI...A COL. UMB I. ~ HI.T. :I:I:31"ITS F: T. F;.'.E: CA I) .l: Ii!: T Z / V A L. EAST S:I:DE BEVE:RAGE CO GI...E:NWO[)I) ]:I',IGLE:NOOI) K A Lt...li?. S} TAD/GA F(Y KE:YSTONE ALJ]"[.)MOT]:VE: It',II)U MAt:;~'BLES/ANGELA ME'I"ROF:'OL.]:TAN COUNCIL M['i:T M ]: ESEI',I/M :[ Ct"!~fii:L. ,ii' MN I)EF:"T OF' F~E:VE:NUE M [) Iii:t... 1_ 'El:( / KA F;..'li.'] 1'4 N ,~i} F:' NOF;.:TH STAR ]:CFZ t::'A R-I" SF:'L.L.tE; F'E:TTY CASH - GARY BF;tAA]"I!.:. [.B.JA L.E:/RANI)AL.L. H REX D:I:STF~ZBUT']:NG CO I:~tOACH I)BA COl)E: AI)VO[.}ATIiE/ ROI)DY/W I L.I... ]: AM I.j ,S WEST COMi'GLJN:[CAT]:ONS V :[ C t(/ANNA NORTH['EAST S'¥'A]"tii: BAt',tK AF:SCME AI'IOKA COUNTY SOCIAL. SERV BE:CI(E:R COUNT'Y CH]:LI) 8UF'F' BE:L.L.I':~OY BAF;~ 8LJF'F:'L.Y BI:T.I...LBOY COF~:F'ORAT :[ C)I'I DCA ]:NC ,, DI::-.NT :[ F' ]:1:~:8]" COMMLJt',I ]:"i"Y [.;F~tEI) ]: T U GRE:A]' WfL:.S;T L.:I:F:'F. & ANNLJIT GR]:GGS-[;OOF:'EF;,' & CE) :[ CMA RET ]: F~EM[!.:.NT TRLJST 4 5 ]:SANTi CR)UNTY F:'AM:[LY SFR JOHNSON F'APEF~ & SI. 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ACC, C)LJNT M]]NNESOTA MUTUAL t_ M]] I,I TEIR"- WI!.-'7 ]7 S MA tq MN STATE: RE'T']:F;.:F:i:MENT SYST NC~Rq"HE;AS'T' STA'T'E BAi,,!< IqC)RWEST BAI'.t K .... PAYROLl_ F:'Ei'~A .... gfEF' ]; I,tE;D C:ONTF?. ]; BUT !i..','T'ANIiAR.O INSLJRANC;IE COMF'A S'T' A R T R ]; B 1...I N IZ W]JI, IE7 CO?IPANY/THE; DZ ]; ti!])Z ]; t...A B OU N TY/B ;t; L.L. t..A R ?, 0 N/St..iS A N LOIEWtENTHAL./i(URT AARF' ANOKA RAMSiEY COMMLJN.T. TY C. BEI...t...~OY BAR SUF'F't_Y Bt!i]...I...B 0 Y COF;,'P OF<'A-f' 101,I C..OCA-..COLA ~OTTt....T. NG MZDWfE DAV ]7 S/STACY Iii;A,ST SZDE BEVE]k'AGI.T. Gt.~At-tD¥ & WHY 1..JSA C, AREIER/ JOHI, ISON BR08,, I...!QLIOF;~ CO. MARK VII; DtS'T, M 8 E i... t... E I;.'. / t,'i. 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SYSTE:M 08/2]2;/96 10: 0 Checf< His'[:or'y 8/26/96 COUI',IC]:L. LIST CITY OF' COLUMBIA HE]~GH'T',C.; GL..540R-'-'V04,30 I:'AGlii~ 23 BAN K VEtqDOF;: CI-H:ZC K NUMBER At'K31..JblT BAN K CHI.ZCKIIqC-.I ACCOUt',IT F:" E T E R S 0 N /H A R R I E T F"ETTY CASH .... GARY BRAATIE I:'HIL. L.]:F:'S WINE &: SF'IRTS F'I:~[]E:X F'HOTO SYSTEM QUAL..ITY W]:I',IE & SPIR]tTS I:~fEX ~ ]:~'['F( IBUTZNO 8AMS ~63.1.0 SH ZIEI...Y C8 8TF~ANDBE]RC~ )~ S[.JSAI',I WOEZ8/ U 8 WEST COMMUNICATZC)N8 WAL..I<IEF~ ;~ SHAI:~ON 8NYI)ER/W W(]RI_D CL..ASS WINE SCI"tWARTZ/GREX}) W I N S 0 N /M A e K C OL..J... 0 V A/C:A F~ M El... 0 A T & T C[)NSL]?JEF~ F'RODL]CT ACE HARDWARE: At...ADD]]tq F'OOI_ ~ SPA AMERtCAN AGE:hlCY INC AMIER]]CAN LINEiq 8UF:'F'LY CO AMEERt CAN F:'AYF;:OL..L ASSOC]:A AF~AMAR K BAKiER & TAYL..OR BARIqA GUZY & STE]::'F:'EN LTD BAUER BU]]I...T TII:~E: & BAT'TtE BEST & F:'L..ANAGAN B ]: F:' F' ' 8 ~, ]] lqC. B I'TLJM INOLJ8 ROADWAYS, BR][ GI-.tTON EXCAVAT ]:htG CARL..80N EQLJZF:'ME]qT CIENTRAL. STORE:8 CHIEF~OI(EE F'OUJER EQUIPMEIqT C]:TY WIDE] LOCK~I"t COC~'"'GOL.~ BOTTL..ZhlG M ]]D~E COL. UMB]]~ I"IGT8-F:'R ]E DL.E:Y COLUMBIA F'ARt< CI...IN]]C COMI~J][ SSIONE:R OF' TRANSPOR COMF:'UTE]k COIkF' Ct:(E~T V]:EW I...UTHE]:(AN HOME] C8C CF<EDIT SERV]]CES D C HEY COMF'ANY D ROCK CE]qT'ER g A L.. C 0 E I"I'T' E: R F:' R ]] ~AY-"T ]] MIER8, I NC ,, DISCOUNT 8TE]EL.. INC IE:I)SSON I NC 60756 120.34 60757 .1. :L4.77 60758 9,277,, 44 60759 4,,9.1. 60760 408 ,, 72 6076 ]. 9 :, 427 ,, 48 60762 31.36 60763 583 ,, 12 60764 37.54 60765 .1.7.10 60766 132.0(.) 60767 302 ,, 02 60768 I :, 050.00 60769 500.00 60770 3 :~ 304.00 60772 47 ,, 82 60773 259 ,, 09 60774 .1. 80.26 60775 :L4 ;, 773 ,, 00 60776 77 ,. 52; 60777 :L 25 ,, O0 60778 244.90 60779 756.14 60780 4,084 ,, 50 6078.1. .1. 44 ,, 50 60782 .1. :, 053 ,, 6.1. 60783 704.60 60784 .1. :~ 070 ,, 48 60785 28:t.. 16 60786 2 :, 330 ,, 22 60787 206.63 60788 1.1.;~ ,, 97 60789 113.88 60790 :L 51 ,, 75 6079,1. 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BEAR]:NG 'T'W]:t',I C]:'T'Y GAF~A[3E DOOR CO U S 1::'08TMASTE~]:~: MF:'t...S l..j S WEST COMMLJJ'tICATIObIS l. jjq :I] I::'OF:.'.]~'I8 UtqL..'1: M I T ED ]: t'tC g A N-' [:.'I -L.. I 'T' Iii: g Al::.'. D A CC)MF:'At'tY W k! [3RA]:t',t[3ER WA[3AMON BI:.XDS. WAF;,'i',I]:N[3 L..]:"FE8 OF:' MINN. I WAF~RE]N, GC]F~I--IAM 8:. LAMOI-IT, WAI"ER F'RO ~lii]iFl" PHOTO W:I:L..80N DI'ZVELOF'MLT. NT 8EF,:V.T. WOOI)t...~KE: 8AN:[TAF;,'Y ,cSE:'F;~V.I:C WORDF'EF;~F:'ECT F'UBI....T. SH.T.I"IG C 60851 460.50 60852 493,, 98 60853 7.92 60854 4::i :1. ,, 00 60855 :1.0.39 60856 :1.8 ,, 8:t. 60857 48.1. ,, 97 60858 106 ,, 00 60859 260 ,, 00 60860 471 ,, O0 60861 63;0 ,, 00 60862 1,281 ,, 20 60863 396.90 60864 108 ,, 00 60866 52 ,, 39 60867 1 :.";4. ,60,'~68 :I. 11 ,, 8:.S 60869 :L 8 ,, 64 60870 18 ,, 85 60871 553.88 60872 :.':; :, 040 ,, 60873 92.. 02: 60874 119 ,, 07 60875 65., 00 60876 :S, 600 ,, 00 60877 3,017 ,, :'.';4 60878 8:32.94 60879 27.16 60880 32';0 ,, 6:1. 60881 8.30 60882 .3, ::;77.50 60883 87.50 60884 78.75 60885 47.17 60886 12.95 60887 51 . 06 60888 368.70 60889 48,957,, 19 60890 27.97 770,445,,27 *** Anoka County Solid Waste Abatement Advisory Task Force Recognition Awards Ceremony Ham Lake County Park Ham Lake, MN Wednesday August 21, 1996 7:00 p.m. - Awards ltosted by the Anoka County Board of Comm~ioners District #1 - District g2 - District #3 - District #4 - District g5 - District #6 - District #7 - Dennis D. Berg Dick Lang Margaret Langfeld Jim Kordiak Dave McCauley Paul McCarron Dan Erhart, Chairman The Anoka County Board of Commissioners with great appreciation recognizes the extraordinary waste abatement achievements for meeting their goals from 1988-1995 The City of Columbia Heights and its service provider: BFl/Woodlake Sanitary Service, Inc. During 1995 the City of Columbia Heights recycled 1768 tons of materials, composted 699 tons of yard waste and collected 59 tons of problem materials for proper management. Paul .~tcCarron District ,*'3 ~ Dan Erha~ District t7 CITY OF COLUMBIA HEIGHTS Meeting of: Auqust 26, 1996 AGENDA SECTION: ~ PUBLIC HEARINGS ORIGINATING DEPTo: CITY MANAGER NO:~ Comm. Devel. Dept. ~ APPROVAL ITEM:No: Zoning Ordinance Amendment ~. ~ , DATEBY:: AugustTina Goodroa~19, 19~6' BY: The Planning and Zoning Commission reviewed the attached ordinance amendment Number 1330 to the Conditional Use portion of the Retail Business Section that would allow vehicles, not to exceed 2-ton, for sale in conjunction with only automobile repair business which do not sell fuel. The proposed ordinance was discussed at two work sessions when requirements for the use were determined. Requirements include such things as: Parking area for sales cannot eliminate required spaces for primary use, no more than 10 vehicles can be displayed for sale at any one time, and all state and local licenses must be obtained. The Planning and Zoning Commission did not find any problem with this amendment and unanimously recommended forwarding it to the City Council. RECOMMENDED MOTION: Move to waive the second reading of Ordinance 1330 , there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance 1330 relating to car sales in the Retail Business District. NOTE: On August 12, 1996, the first reading of this ordinance was erroneously label, ed as Ordinance 1329. The correct ordinance number is 1330. COUNCIL ACTION: bt\council.for ORDINANCE NO. 1330 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO ZONING AM~ND~NTS. The City of Columbia Heights does ordain: Section 1: Section 9.113 (2) (k) of Ordinance No. 853, City Code of 1977 which currently reads as follows, to wit: 9.113 (2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (k) .............. J .... '- --' ...... J ........ ~ .... '- --'--' .... : ..... :-- ~ ..... ~'~' ....... :~-J is hereby amended to mad as follows: 9.113 (2) Conditional Uses Within any "KB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (k) Vehicles, not to exceed 2-tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met. 1) Parking area for car sales cannot eliminate required parking spaces for primary. use. 2) No more than 10 vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking tot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff 5) All required state and local licenses must be obtained. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student,Council Secretary QITY COUNCIL LETTER Meeting of : August Z6, 1996 ITEMS FOR AGENDA SECTION: OTHER RESOLUTIONS ORIGINATING DEPT.: CITY I~ANAGER NO: ~ CITY MANAGER' S APPROVAL As you are aware, on April 19, 1996, the City of Columbia Heights (Franchise Authority) received Federal Communication Commission Form 394, Application for Consent to Change of Control of the franchise currently controlled by Meredith/New Heritage Partnership from Meredith/New Heritage Partnership to Continental and Form 394 Application for Consent to Change of Control of Continental to U.S. West, Inc. Federal law provides a 120 day review period from date of receipt of FCC 394. While the companies held that the transactions were simultaneous and the review must be completed for both transactions within one 120 day period, our Cable Attorney asserted the transactions were consecutive, and, therefore, we would have 120 days for the first transaction and 120 days for the second transaction. As this situation was unprecedented, it was agreed that the franchise authorities would act upon the two transactions by September 30, 1996. At the August 15, 1996, joint meeting of the Columbia Heights Telecommunications Commission and City Council, staff and the City's Cable Attorney reviewed each of the two transactions. The attorney explained that the commission's task was to analyze each transaction separately and make a recommendation to the City Council as to whether to approve or deny the transfer requests. A denial of the transfer(s) would need to be based on the company not meeting technical, financial, legal or character qualifications. After the presentation of information, (reference the minutes of the Telecommunication Commission meeting included in the Communications Section of the council agenda), the Telecommunications Commission passed the following ~otions: Recommend to the City Council approval of the transfer of ownership from Meredith Cable to Continental according to the details contained in the resolution provided. and Recommend to the City Council approval of the Transfer of Ownership from Continental to U.S. West according to the details contained in the resolution provided. Staff and the Telecommunications Commission recommend passage of the following motions. RECOMMENDED MOTION #1: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , a resolution consenting to the transfer of control of and certain ownership interests in a cable television franchise~to Continental. RECOMMENDED MOTION #2: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96-__, a resolution consenting to the transfer of control of and certain ownership interests in a cable television franchiseato US West. COUNCIL ACTION: Resolution 96- RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise (the "Franchise") of the municipality of Columbia Heights (the "Authority") is currently owned and operated by Group W Cable of Columbia Heights\Hilltop, Inc. ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general parmer of MNHSP has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general panner is proposed to be replaced by North Central Communications Corporation, Continental of Minnesota, Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the "Meredith/Continental Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the Meredith/Continental Agreement is hereby consented to by the Authority and permitted conditioned upon: Execution and delivery of a Corporate Guaranty from Continental Cablevision, Inc. in the form attached hereto; and Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership of Meredith/New Heritage Strategic Panners, L.P. dated December 30, 1991 or any amendment thereof; and Payment of $25,000.00 to the City of Columbia Heights as required in the Memorandum of Understanding between the Authority and Group W for equipment purchases; and Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and The successful closing of the transaction described in the Meredith/Continental Agreement. BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. Passed this ~ day of ,1996. Offered by: Seconded by: Role Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the ~ day of ,1996. William J. Elrite, City Clerk CORPORATE GUARANTY OF CONTINENTAL CABLEVISION, INC. This Corporate Guaranty ("Guaranty") is executed as of , 1996, by Continental Cablevision, Inc. ("Guarantor"), for the benefit of the municipality of ("Authority"). WlTNESSETH: WHEREAS, pursuant to the cable television franchise (the "Franchise") between the Authority and Group W ("Group W"), and certain agreements, understandings and Franchise amendments related thereto, Group W has certain obligations related to the provision of cable television and related services for the Authority's citizens; and WHEREAS, Group W is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated March 15, 1996, with Guarantor whereby said general partner is proposed to be replaced by either Continental of Minnesota, Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Guarantor (the "Meredith/Continental Agreement"); and WHEREAS, the Authority's consent is required to the change of control of Group W which will result from said purchase; and WHEREAS, the Authority is not willing to consent to the change of control of Group W which will result from said purchase unless the Guarantor unconditionally guarantees the payment, obligations and performance of Group W pursuant to the terms of the Franchise and certain agreements, understandings and Franchise amendments related thereto. NOW, THEREFORE, as a condition of Authority's consent to the change of control of Group W, the parties do hereby agree as follows: 1. Guarantor irrevocably and unconditionally guarantees to the Authority or its successor and assigns prompt and satisfactory payment and performance by Group W of the Franchise and those certain agreements, understandings and Franchise amendments related thereto, and all applicable federal, state and local laws, ordinances and regulations. 2. This Guaranty shall be effective upon the opening of business on the date when the transaction contemplated in the Meredith/Continental Agreement is closed, and shall run throughout the term of the Franchise, and any renewal or extension thereof, except that this Guaranty shall terminate at such earlier time that Guarantor lawfully transfers ownership or control of Group W in accordance with the Franchise and applicable federal, state and local law, including receipt of consent from Authority for such transfer. 3. In the event that Guarantor should breach or fail to timely perform any provisions of this Guaranty, Guarantor shall pay Authority all costs and expenses (including court costs and attorneys' fees) incurred by Authority in the successful enforcement hereof. 4. Guarantor represents and warrants that the execution, delivery and performance by Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder do not, and will not, contravene or conflict with any law, statute or regulation whatsoever to which Guarantor is subject or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, or result in the breach of, any indenture, mortgage, deed of trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a party or which may be applicable to Guarantor. This Guaranty is a legal and binding obligation of Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to the enforcement of creditors' rights. 5. The Guarantor agrees that no failure to exercise, and no delay in exercising, on the part of the Authority, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the Authority hereunder shall be in addition to all other rights provided by law. No modification or waiver of any provision of this Guaranty, nor consent to departure therefrom, shall be effective unless in writing and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand. 6. This Guaranty shall be governed by and construed in accordance with the laws of the State of Minnesota and the applicable laws of the United States of America. 7. This Guaranty may be amended only by an instrument in writing executed by the party or an authorized representative of the party against whom such amendment is sought to be enforced. IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by its authorized officers as of the day and year first above written. Continental Cablevision, Inc. By. Title ATTEST: C:\CABLE~CONTINEN~GUARANTY.FIN BE NICK AND LIFSON A PROFESSIONAL AS~OCIAT]O~ ATTO~:;~{NEYS AT LAW SUITE ]:~OO~ THE COLONNADE ~5OO WAYZATA BOULEVA~:~D *ALSO CERTIFIED PUBLIC ACCOUNTANT TO: FROM: RE: DATE: MEM 0 RAND UM Request for Approval of Transfer of Ownership; Meredith to Continental August 9, 1996 FINAL REPORT, ANALYSIS AND CONCLUSIONS Please f'md below a summary and analysis of the proposed transaction regarding the sale of Meredith/New Heritage Strategic Partners, L.P. (hereinafter referred to as "Meredith") to Continental Cablevision, Inc. or a wholly owned subsidiary thereof (hereinafter referred to as "Continental"). Federal Communications Commission Form 394 ("FCC 394") dated April 19, 1996, was received by the various Franchise Authorities (hereinafter "Authority" or "Authorities") on dates ranging from April 19 through April 22. Federal law provides for a 120 day review period from the date of receipt of FCC 394, together, with all exhibits and any additional information required by the terms of the Franchise Agreement or operative state or local law. Although additional information was required and received from Continental, for the purpose of this report, ordinarily MEMORANDUM August 9, 1996 Page 2 the 120-day period would be calculated from the date of receipt of FCC 394. However, concurrent with receipt of FCC 394 for the Meredith/Continental transaction, the Authorities received FCC 394 for a proposed transaction between Continental and US West, Inc. While the companies held the position that the transactions were simultaneous and therefore the Authorities' review must be completed for both transactions within one 120-day period, this office asserted that the transactions were consecutive and therefore the Authorities would have 120 days for the first transaction, and another 120 days for the second. It was also obvious that this situation was unprecedented, and the legal authority was unclear as to the veracity of either position. Therefore, the companies and this office on behalf of the Authorities began negotiating a mutually acceptable review time period. Of particular concern to the company was the desire to close the US West transaction prior to the end of 1996. Consecutive 120-day periods would have exceeded that closing deadline. The negotiated settlement is set forth in correspondence from the companies' counsel (Robins, Kaplan et al.) and a response from our office and is attached hereto collectively as Exhibit 1. The parties agree to conclude all actions required by the political subdivisions who are members of the various Authorities on or before September 30, 1996, unless the US West closing deadline is extended beyond October 1, 1996, in which event the deadline will be extended to October 18, 1996. The purpose of this report is to provide the Authorities with an understanding of the transaction and the standard for review. MEMORANDUM August 9, 1996 Page 3 1. INTRODUCTION. The simultaneous filing of two FCC 394's presented the Authorities and this office with some unique and difficult challenges in analysis. It was the determination of this office to analyze the transactions separately and to propose separate resolutions for each transaction. In such transactions, it is always possible that either or both of the transactions will not close. As a result, should the Meredith/Continental transaction close and the Continental/US West, Inc. transaction not close, the systems would remain in the ownership of Continental. Therefore, it was necessary to review the Meredith/Continental transaction as if Continental would be the ultimate owner of the systems. At the time of awarding the original Cable Communications Franchise and in subsequent transfers of the Franchise, the Authorities considered and approved the technical ability, f'mancial capacity, legal qualifications and character of the original and subsequent owners of the cable system, as well as other appropriate factors. These same qualifications are to be considered and reviewed by Authorities as part of the review of the proposed transfer to Continental. The sources of information used in examining these factors included FCC 394, its exhibits, the current Franchise Ordinance, various FCC rules and regulations regarding cable communication systems, Continental's Response to the Request for Additional Information Regarding Request for Approval of Transfer of Control (attached hereto as Exhibit 2), and Continental's response to subsequent questions regarding corporate structure, along with direct oral communications with representatives of Continental. MEMORANDUM August 9, 1996 Page 4 All levels of government have something to say about such transfers. The local franchise, Minnesota state law, federal law and FCC rules all apply to this transfer. The Authorities' Franchises require that the Authorities review the transfer pursuant to the same standards used to award the original Franchise. Minnesota law, Minn. Stat. § 238.083, provides that the local franchising authority must consider a written request to approve a transfer of ownership, and the franchise authority cannot unreasonably withhold such approval. Minnesota law also arguably requires a shorter review period than the 120 days. In any event, we have opined that it is more probable than not that the federal statutory time of 120 days preempts those state statutory timelines which are inconsistent with the federal timelines. Exhibit 1 also indicates that Continental has waived objection to the review process of Authorities which may have conflicted with state procedural timelines. 2. STANDARD OF REVIEW. The Authority's task in this process is to review the information provided regarding the transfer and to approve or deny the transfer to Continental. The Authorities have the express right to approve or disapprove such a transfer. The standard of review is that the Authority's consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the transfer, the Authority has made inquiry into the legal, technical and financial qualifications of Continental, a well as other appropriate factors. In analyzing the transaction, the Authority must consider whether Continental meets all of the criteria originally considered in the granting of the Franchise. Note, however, that this MEMORANDUM August 9, 1996 Page 5 analysis is not a comparison between Meredith and Continental. Rather, this analysis is an application of factors to determine whether Continental satisfies the standards to the reasonable satisfaction of the Authority. The Authority should focus on the following factors in determining whether to approve or deny the transfer: i. ii. ill. iv. Legal and character qualifications of Continental; Technical ability of Continental; Financial stability of Continental; and Other appropriate factors. This office has conducted an extensive review of all relevant materials on behalf of the Authority. This report is a "shorthand" synthesis of that review in an attempt to fully inform the Authority without overwhelming the decision-making body with detail and minutia. Obviously, our review extended far beyond the summary of this report, and we will be available to further expand on this summary should the Authority have any questions. 3. DESCRIPTION OF TRANSACTION. In the proposed transaction, a wholly owned subsidiary of Continental will purchase the general partner interest in Meredith/New Heritage Strategic Parmers, L.P. ("the Partnership"). (At this drafting, the subsidiary has not been conclusively identified although Continental has verbally represented that Continental Cablevision of St. Paul, Inc. will purchase the general partner interest.) Continental will pay cash and assume the principal indebtedness of the MEMORANDUM August 9, t996 Page 6 Partnership under an existing loan agreement in return for the general partner interest. Continental Cablevision of Minnesota, Inc., another subsidiary of Continental, already owns the limited partner interest. Therefore, after the purchase, the Partnership will be owned by two subsidiaries of Continental, one a general partner and the other the limited partner. The Restated Agreement of Limited Partnership is the governing document for the post- acquisition ownership of the cable franchises. The Partnership is a limited partnership and the limited panners have no management and control except for issues such as the amendment of the partnership agreement or the sale of substantially all the Partnership assets. The daily operations of the Partnership will be carried out by the general partner. There is no existing management agreement with a third party, and it appears that all management functions will be the responsibility of the general partner and the existing franchise holders. The cable systems will continue to be operated by the existing subsidiaries, and the franchise holders will not change. A chart showing current ownership/control structure of the entities is attached hereto as Exhibit 3. A post-merger chart is attached hereto as Exhibit 4. 4. LEGAL QUALIFICATIONS. The legal qualifications standard relates primarily to an analysis of whether Continental is duly organized and authorized to own the cable systems. It should be noted that current federal law has shifted dramatically regarding the ownership of cable systems. However, this transaction is not directly affected by those changes in federal law. MEMORANDUM August 9, 1996 Page 7 Since the ultimate responsibility for the obligation of the limited partnership rests with the general partner, in the ordinary course, we would have extensively evaluated the general partner. However, at the time of drafting this report, that general partner has not been finally verified. Continental informs our office that it is presumed that the general partner will be a Minnesota corporation which is a 100% subsidiary of Continental. It is likely that the general partner will be Continental Cablevision of St. Paul, Inc. If this proves to be the case, Continental Cablevision of St. Paul, Inc. is qualified to conduct business in the State of Minnesota. Further, a review of the corporate documents available to us requires that the general parmer be legally organized and constituted sufficient to pass the standards of any lending institutions. Therefore, further review by the Authorities would be duplicative and an unnecessary expenditure of funds. The purchase documents require that the owner (general partner) be duly organized and qualified to operate the cable systems. Finally, since it was impossible to analyze the general partner at the drafting of this report, we have required and received a corporate guaranty of performance from the parent corporation, Continental Cablevision, Inc., as discussed more fully later in this report. Our inquiry focused in its later stages upon a legal defect in the proposed ownership structure. Continental proposed that Continental of Minnesota, Inc., be the sole partner of Meredith/New Heritage Strategic Partners, L.P. must be present to constitute a partnership. Minnesota law requires that two or more entities This issue has been raised with Continental. Although this issue has not been resolved as of this drafting, Continental has assured this office that it will be resolved. The proposed resolution is contingent upon resolution of this issue. MEMORANDUM August 9, 1996 Page 8 5. CHARACTER QUALIFICATIONS. In response to our Request for Additional Information, Continental has represented that it has not been convicted in a criminal proceeding relating to any of the usual inquiries regarding character. The character qualifications of Continental, as well as the individuals involved, are satisfactory. Based upon our review of the information provided, it would appear that the Authorities could not reasonably withhold approval of the transfer based on the legal or character qualifications of Continental or its principals. 6. TECHNICAL ABILITY. The technical ability factor relates to the technical expertise and experience of Continental in operating and maintaining a cable system. This analysis focuses on the current and former experience of the proposed owner. Continental has stated that the overall local management structure of Meredith will survive. Inquiries were made as to local management, and Continental advised the Authorities that Mr. Griffin will remain as local manager. Continental has responded that they have no current plans for changing staff positions. Continental has brought back a previous local manager of the St. Paul systems, Randall Coleman. Mr. Coleman will be Vice President of Operations, Minnesota. Mr. Griff'm will report directly to Mr. Coleman. Mr. Coleman will report to Emmett White, Senior Vice President, Central Region, who will report to William T. Schleyer, President, Continental. MEMORANDUM August 9, 1996 Page 9 It should be noted that experience has shown that perpetuation of local management structures do not survive for the long term. As stated earlier, Continental's ownership may cease the day it begins should the US West acquisition of Continental be approved and subsequently closed. Additionally, the same local management team will apparently remain after US West ownership, if such ownership occurs. Under Mr. Coleman's leadership, Continental of Minnesota has three experienced and qualified local managers: Kevin Griffin, Meredith systems; Jim Commers, previous King Videocable systems; and Fran Zeuli, General Manager of St. Paul and Northern Dakota County. It is highly improbable that all four gentlemen will remain in leadership capacities for a long period of time as the systems consolidate and develop. However, no plans for change were offered by Continental in its responses. This is, of course, not unusual in a transfer format. Should US West ultimately divest the Minnesota systems, a change in management structure could occur. However, the Authorities will have the opportunity to review any such transfer should it occur in the future. It is also informative to investigate the technical qualifications of the parent corporation. We have reviewed information provided by Continental as it relates to cable management experience. Continental Cablevision is a known quantity in Minnesota, having operated the St. Paul and Northern Dakota County systems from their inception. Additionally, Continental has acquired the King Videocable systems and has operated them for almost two years. While local franchise MEMORANDUM August 9, 1996 Page t0 authorities report that they have had the usual "ups and downs" with Continental as a cable operator, there have been no notices of non-compliance and no litigation in the systems. Generally, Continental receives a good report from franchise authorities in Minnesota who have experience with Continental as its cable operator. Continental Cablevision is the nation's third largest cable system operator serving more than 4.2 million subscribers in 20 states. The company employs nearly 10,000 people. Continental was founded in 1963 and has continually operated cable television systems throughout the country as well as investing in international ventures in telecommunications. Continental's co-founder, Amos Hostetter, Jr., is the current Chairman and CEO of Continental. Mr. Hostetter is a highly regarded cable operator. Continental is the founding member of C-Span. It also helped created Cable in the Classroom, which provides commercial, free educational programs at no cost to more than 3,000 schools in Continental's service areas. Continental also has a part ownership interest in cable programming services such as Turner Broadcasting, E! Entertainment TV, and Music Choice. Continental was designated "Cable Operator of the Year" by Cablevision Magazine for three consecutive years. The company has also received numerous national awards for its efforts in programming, education, marketing, customer service, and public affairs. Continental has a favorable reputation for community programming throughout the country. The Senior Vice President responsible for the Central Region, Emmett White, has a distinguished career in cable television management since joining Continental in Chicago in 1981. MEMORANDUM August 9, 1996 Page 11 Our thorough analysis could only uncover one significant lapse of judgment on behalf of Mr. White and his professional career. Specifically, Mr. White left his position as Manager of the Keystone Ski Resort in Colorado for the purpose of entering the cable television industry. Such lapses in judgment are not easily overlooked in an analysis such as this, however, it does not arise to the level of a reasonable basis for your denial of this transfer. Robert E. Ryan, Vice President, Government Affairs for the Central Region, served 460,000 subscribers and 125 franchising authorities in four Midwestern states. Mr. Ryan's responsibilities include development of franchise renewal strategies, governmental affairs, ordinance negotiations, regulatory matters, and various functions relating to the strategic planning of corporate growth within the region. Mr. Ryan has primarily distinguished himself through his attendance at national NATOA conferences as a delegate from the Village of Clarendon Hills, Illinois, where he serves as a trustee of the Village. In summary, the Continental organization appears to be staffed from top to bottom with technical expertise in the cable industry. Continental has replied to the Franchise Authorities' Request for Additional Information by stating that it will comply with alt FCC technical standards and will comply with all current franchise requirements regarding the technology of the cable system. Based on our review of information provided, it would appear that the Authorities could not reasonably withhold approval of the transfer on the basis of the technical ability of Continental, its management and its principals. MEMORANDUM August 9, 1996 Page 12 7. FINANCIAL STABILITY. The financial stability factor relates to whether Continental has the financial resources available or committed to not only acquire the system, but also whether its £mancial plan, as presented, is reasonable and economically viable. In the interest of preserving f'mancial resources, the Authority has chosen not to engage a separate financial consultant to undertake a comprehensive review of this factor, except for a cursory review of "profits on sale" for the purpose of the Memoranda of Understanding between Authorities and Meredith. The Authority can assume that if Continental does not have the financial resources available to it to close the transaction, the closing will not take place. Therefore, further scrutiny of the actual sale transaction has not been undertaken. However, of concern to the Authority is whether the resources are available to Continental to comply with the franchise requirements of the Authority now and in the foreseeable future. Since the review has focused on information provided by Continental, it must be assumed that no material misrepresentations of fact are present. Continental is a highly leveraged cable company (which, under current cable industry ownership structures, is not an unusual situation) and, although Continental also has some significant capital obligations as a result of the social contract entered into with the FCC in the settlement of rate disputes, Continental appears to still have remaining to it more than adequate resources to ensure that the obligations of the existing cable franchises will be fulf'rlled. However, Continental is shielded from direct responsibility for local franchises through the creation of MEMORANDUM August 9, 1996 Page 13 subsidiary corporations in Minnesota, Continental Cablevision of St. Paul, Inc. and Continental Cablevision of Minnesota, Inc. Originally, Continental of Minnesota was identified as the sole owner of the previous Meredith systems. As discussed earlier, a challenge was made by this office to Continental of Minnesota's ability to be the sole owner of a partnership, which requires at least two parmers pursuant to Minnesota law. Continental has informed this office that it has changed its approach to that issue and will continue Continental of Minnesota as a limited partner and, although not finally identified as of this drafting, make Continental of St. Paul the general partner. These two corporations, particularly Continental of St. Paul as general partner, would ordinarily need to be investigated so as to determine the financial resources available to it for future franchise compliance. No such financial information was made available to this office in the analysis. Therefore, we have met with representatives of Continental and informed them that we would require a performance guaranty from Continental Cablevision, Inc. as the parent corporation. The performance guaranty would serve as a guaranty from Continental that should the operating entities be unable to fulfill their franchise obligations, Continental would assume responsibility for franchise compliance. Continental has consented to offer such a corporate guaranty, attached hereto as Exhibit 5. If the Authorities choose to consent to this transfer, the transfer resolution will include a contingency that Continental guaranty the performance of its subsidiaries as it relates to the individual franchises. MEMORANDUM August 9, 1996 Page 14 As previously stated, the social contract which Continental entered into with the FCC requires considerable capital investment in existing systems. When asked as a result of this inquiry, Continental informed this office that the social contract and associated requirements for capital investment would not apply to the Meredith systems should Continental acquire them. Based upon our review of the information provided, it would appear that the Authority could not unreasonably withhold approval of the transfer based on the financial stability of Continental, provided that Continental agrees to comply with all local franchise requirements, as it has done, and further that Continental execute a guaranty of the performance of its subsidiaries. 8. PROFIT ON SALE. The Memoranda of Understanding entered into between Meredith and the Authorities contains a section which attempted to recapture from PEG fees paid by subscribers any windfall profits that Meredith may receive as a result of subsequent transfers of ownership. The term "profit" was broadly defined to allow Meredith to deduct capital expenditures made by Meredith during the ownership of the system, as well as interest attributed to the initial investment and other minor deductions. This office has retained Kenneth J. Ivluellerleile, CPA, of Muellerleile & Harrington, Ltd., who has worked with the Authorities on previous f'mancial analyses. After discussions with Mr. Muellerleile regarding the "profits on sale" issue, it was determined that it was not efficient use of resources to do a complete audit of the sale transaction. However, Mr. Muellerleile was requested to perform a cursory analysis of the materials submitted to him. MEMORANDUM August 9, 1996 Page 15 The following materials were submitted to Mr. Muellerleile for analysis: i. Memorandum of Understanding between Meredith and the Authorities; ii. 1993, 1994 and 1995 Audit Reports of North Central Cable Communications Corporation (Meredith), as prepared by KPMG Peat Marwick, LLP, and on which an unqualified audit opinion has been rendered by them; iii. The February 1996 and February 1995 internally prepared Non-Audited Financial Statements of Meredith; and iv. The preliminary "profit" calculation submitted by Meredith through its attorneys and as amended on May 2, 1996. Mr. Muellerleile reports as follows: Based solely on the above analysis, and subject to the limitations noted herein, we believe that there is no evidence to suggest that the sale of the Meredith systems will result in any "profit" as defined by the Memorandum of Understanding. Our analysis has been limited to the information noted above. We have not audited, reviewed or compiled any data relative thereto and, therefore, we express no opinion or assurances on the submitted data beyond the opinions expressed by KPMG Peat Marwick. It was clear after my discussions with Mr. Muellerleile that even major mistakes in some of the data provided would not sufficiently modify the figures available from the company to provide for a "profit on sale" as del'reed in the Memorandum of Understanding. The Authorities of course reserve the right to assert possible profits should shifts in financial data at closing be significant enough to require a reevaluation of Mr. Muellerleile's analysis. MEMORANDUM August 9, 1996 Page 16 9. OTHER RELEVANT FACTORS. Other appropriate factors which have been reviewed for the purpose of determining whether to approve or deny this transfer are contained in the information received for our review. The most significant factor to be considered is whether the franchise will remain intact and whether Continental will agree to comply with all existing franchise requirements, promises and representations of its predecessors, including the Memorandum of Understanding agreed to by Meredith. Continental has indicated that it will comply with all existing franchise requirements and obligations. Continental has agreed to comply with all Memoranda of Understanding. Continental has not proposed any modifications to the channel capacity or system design. Although Continental may only own these systems for a short time, any prolonged ownership by Continental or anyone else will see an effort by the company to consolidate. Many Authorities who have a local company office may be in jeopardy of losing it. Local offices, if required in the franchise, cannot be closed without local Authority's consent. Continental has indicated that it will comply with FCC technical specifications. Continental will seek to accommodate each subscriber's request for the location of drops and will restore property damaged during an installation. Continental does not plan any new types of installation fees. Continental has agreed to comply with all underground installation policies as such are established in existing franchises. MEMORANDUM August 9, 1996 Page 17 Continental will maintain normal business hours for the purpose of receiving customer complaints. Customer service representatives will be available by phone 24 hours a day, 365 days per year, with limited hours only on major holidays. Continental has agreed to comply with all existing requirements regarding public education, government access and will continue current channel designations for public education and government access channels. Continental has indicated that franchise renewal negotiations will be conducted by the system manager, Kevin Griffin. Mr. Griffin will report directly to Mr. Randall Coleman, who reports directly to Mr. Emmett White. A f'mal point of note is the payment of fees incurred by the Authorities for the purpose of this approval process. After considerable discussion, the transferring entities have agreed to reimburse Authorities for reasonable fees, all as delineated in Exhibit 1. 10. CONCLUSION. As a result of the above analysis, and subject to the contingencies of the Resolution, a form of which is attached hereto as Exhibit 5, there does not appear to be any reasonable basis for the Authority to deny the request for approval of the transfer. TDC/rs ATLAh4TA BOSTON LOIS ANGELES MINNEAPOLIS Oi::~ A N G E COUNTY SAINT PAUL SAN ~:;~AN CI SCO WASHINGTON, O, C. KOBtNS, KAPLAN, MILLER_ g CIR.ESI ATTORNEYS AT LAW 2800 LASALLE PLAZA 800 LASALLE AVENUE 'MINNEAPOLIS, MINNESOTA 55,4.02-2015 TELEPHONE (812) 3,49-850~) FACSIMILE (612) 339-4181 May13,1996 ' ' JoB~ F. GraBs (612) 349-8765 Thomas D. Creighton, Esq. Bernick and Lifson, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, ~ 55418 Re: Meredith/Continental/U.S. West Transfer Review Issues Our File No.' 024685-0017 Dear Tom: On behalf of Meredith Cable and Continental Cablevision ("the Applicants"), we are writing to confirm the agreements reached with you on behalf of your clients, the North Suburban Cable Commission, Quad Cities Cable Communications Commission, Burnsville/Eagan Cable Communications Commission, North Central Suburban Cable Communications Commission, RamseyAVashington Counties Suburban Cable Communications Commission, the member cities of those various commissions, and the city of Columbia Heights (individually and collectively "the Franchising Authorities") with respect to consideration of the two pending Form 394 Applications for consent to change of control of the cable television franchises. We understand that the Franchising Authorities and Applicants may disagree as to certain deadlines and all desire an agreement with respect to the application review process. We further understand that the Franchising Authorities desire reimbursement of expenses associated with consideration of the Form 394 Applications and an agreement as to process as it relates to potentially conflicting federal and state statutory time lines. To satisfy the concerns and objectives of the Franchising Authorities and the Applicants, all parties have agreed as follows: No later than April 22, 1996, each of the Franchising Authorities received a Form 394 Application for consent to change of control of the franchises currently controlled by Meredith/New Heritage Partnership from Meredith/New Heritage Partnership to Continental Cabtevision and a Form 394 Application for consent to change of control Thomas D. Creighton, Esq. May 13, t996 Page 2 of Continental Cablevision to U.S. West, Inc. The Applicants have agreed to waive and extend any state and federal statutory time frames to the following extent: The various client governments shall have until September 30, 1996 to act upon the two Form 394 Applications except that, with respect to the Continental/U.S. West Form 394 Application, if closing of that transaction does not occur on October 1, 1996, such deadline shall be extended until the date of closing of that transaction but in no event, later than October 18, 1996. If any of the Franchising Authorities fail to render a final decision on any of the Form 394 Applications by the deadlines set forth above, the transfer consent shall be deemed granted. In addkion to the foregoing, the various commissions shall present their final recommendation to their member cities no later than August 22, 1996 except that the North Suburban Cable Communications Commission shall have until September 5, 1996, to present its recommendation to its member cities. The Applicants agree to the above-described review process and agree that they will not assert any rights under Minn. Stat. {} 238.083, subd. 2-4 which would require any shorter time flames, special hearings, or special findings, related to the review process or schedule. The parties understand that any consent to the change of control arising out of the Continental/U.S. West transaction will be conditioned upon demonstration by the companies that they have obtained any necessary waivers or other such authorizations required to allow U.S. West to acquire and own cable television systems within the U S WEST telephone service region. Up to a maximum amount orS100,000, the applicants agree to reimburse the various client governments for actual, reasonable consukant and attorneys fees incurred by such governments in reviewing and acting upon all pending Form 394 Applications and related issues. As we have discussed, this amount is inclusive of the reimbursement amount and agreement set forth in Kevin Griffin's letter to you dated January 29, t996. The Applicants wilt allocate payment of these fees amongst themselves. The Applicants reserve any rights of the cable system it may have to recoup such reimbursement amounts from cable television subscribers of the system over a 12-month period beginning with the commencement of such recoupment. Thomas D. Creighton, Esq. May 13, 1996 Page 3 We look forward to your confirmation of this agreement in writing by May 15, 1996. On behalf of the Applicants, please let me take this opportunity to express our commitment to work with you and the Franchising Authorities throughout this process. Thank you very much for your commitment on these matters. IFG/ch cc: Mr. Robert Ryan Mr. Fran Zeuti Nit. Kevin Griffin Mr. Nile McDonald Very truly yours, ROBINS, KAPLAzN~LER John F. Gibbs & CIRESI BEI:R. NICK. AND LIFSON May 30. 1996 V~a TeZecopier ~nd [j.$. MniZ Mr. John Gibbg Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402-2015 Re: Meredir_hTCondnenral/U.S. West T~m.nsfer Review Issues; North Suburban Cabie Commission, Quad Cides Cable Communications Commission, Burnsvitle/Eagan Cable Communications Commission, North Central Suburban Cable Communications Commission, Ramsey/Washington Counties Suburban Cable Communications Commission, Hudson/North Hudson Joint CaNe Board, South Washington County Cable Communications Commission, and the City of Columbia Heights Dear John: In response to your letter of May 13, I996, please be advised that as attorneys for the above-referenced municipal consortia, t agre. e with the understandings set forth therein, with the following further understandings: By agreeing to these understandings as attorney for the above-referenced municipal consortia, I do not on behalf of my clients waive any rights or arguments the,/may have feinted to the issues raised by your letter should delays or damages be caused by your ciients' actions or failure to act. The Norr_h Suburban Cable Communications Commission meets September 5. I996 and will take action to adopt a recommendation to its mem~r cities at or before that meeting. The Commission will "present" its recommendation to its member cities in a timely fashion thereafter. Your correspondence requests confirmation of the understandings and agreement in Mr. John Gibbs Nlay 30, 1996 Page Two day and you have subsequently indicated that your later receip[ of written confirmation, with these further understandings, is not objectionable. Please do not heskate to contact me if you have any questions. Yours truly, BERNtCK AND LIFSON. P.A.. Thomas D. Creighton ~ ~ TDC/rs cc: C}i~n,~s RESPONSE TO REQLrEST FOR ADDITIONAL IN-FORMATION REGARDING REQUEST FOR APPROVAL OF TRANSFER OF CONTROL MEREDITIR/NEW IIERITAGE PARTNERSI:tTP TO CONTINENTAL CABLEVISION, INC. North Suburban Cable Communications Commission Bumsvitle/Eagan Cable Communications Commission Quad Cities Cable Conununications Commission North Central Suburban Cable Communications Commission Columbia Heights Communications Commission Ramsey/Washington Counties Cable Communications Commission SUBMITTED TO: Representing the Minnesota Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony and Shoreview. Representing the Minnesota Cities of Bumsville and Eagan. Representing the Minnesota Cities of Anoka, Champlin, Ramsey and Andover. Representing the Nfmnesota Cities of Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park. Representing the Minnesota City of Columbia Heights. Representing the Minnesota Cities of Birchwood Village, Dellwood, Grant Township, Lake Etmo, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White Bear Lake, White Bear Lake Township and Willernie SUBMITTED BY CONTINENTAL CABLEVISION June 2t, 1996 Meredith Cable System Ownership Structure Current Meredith Corporation t Ingersoll New Heritage Group, Inc. Associates, Inc. 100% 99% New Heritage Associates kkxkk 8 8 % / 12% Meredith/New Heritage Partnership 62.1% Meredith/New Heritage Strategic Partners L.P. 100% North Central Communications Corporation Meredith Cable, Inc. Continental Cablevision, Inc. 100% Continental Cablevision of Minnesota, Inc. 37.9% 100% Various Meredith Cable Franchise Holding Subsidiaries Meredith Cable System Ownership Structure Post-Meredith/Continental Transaction Continental Cablevision, Inc. Continental Cablevision of Minnesota, Inc. 100% Lim~ited Partner Meredith/New Heritage Strategic Partners L.P. Continental Cablevision, Inc. Subsidiary / Gener~al Partner / 100% North Central Communications Corporation 100% Various Meredith Cable Franchise Holding Subsidiaries Resolution 96- RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO US WEST WHEREAS, the cable television franchise (the "Franchise") of the municipality of Columbia Heights (the "Authority") is currently owned and operated by Group W Cable of Columbia Heights\Hilltop, Inc. ("Group W"), which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general parmer of MNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be owned by Continental (the "Meredith/Continental Agreement"); and WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned subsidiary of US WEST, Inc., (herein collectively known as "US WEST") pursuant to that certain Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the "Continental/US West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and f'mancial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form attached hereto; and Securing all necessary federal, State, and local government waivers, authorizations, or approvals relating to US WEST's acquisition and operation of the system to the extent provided by law; and Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and The successful closing of the Transaction described in the Continental/US WEST Agreement. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval or disapproval of or consent or non-consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction delineated above. BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. Passed this __ day of , 1996. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the ~ day of , 1996. William J. Elrite, City Clerk CORPORATE GUARANTY OF U.S. WEST, INC. This Corporate Guaranty ("Guaranty") is executed as of U.S. WEST, Inc. ("Guarantor"), for the benefit of the municipality of ("Authority"). , 1996, by WITNESSETH: WHEREAS, pursuant to the cable television franchise (the "Franchise") between the Authority and Group W ("Group W"), and certain agreements, understandings and Franchise amendments related thereto, Group W has certain obligations related to the provision of cable television and related services for the Authority's citizens; and WHEREAS, Guarantor has proposed a merger whereby Continental Cablevision, Inc. ("Continental") will merge into Guarantor or a subsidiary thereof and the merger will result in Guarantor or a subsidiary thereof owning and controlling Group W; and WHEREAS, the Authority's consent is required to the change of control of Group W which wilt result from the merger; and WHEREAS, the Authority is not willing to consent to the change of control of Group W wi,ich will result from the merger unless the Guarantor unconditionally guarantees the payment, obligations and performance of Group W pursuant to the terms of the Franchise and certain agreements, understandings and Franchise amendments related thereto. NOW, THEREFORE, as a condition of Authority's consent to the change of control of Group W, the parties do hereby agree as follows: 1. Guarantor irrevocably and unconditionally guarantees to the Authority or its successor and assigns prompt and satisfactory payment and performance by Group W of the Franchise and those certain agreements, understandings and Franchise amendments related thereto, and all applicable federal, state and local laws, ordinances and regulations. 2. This Guaranty shall be effective upon the opening of business on the date when the merger of Continental and Guarantor or a subsidiary thereof is closed, and shall run throughout the term of the Franchise and any renewal or extension thereof, except that this Guaranty shall terminate at such earlier time that Guarantor lawfully transfers ownership or control of Group W in accordance with the Franchise and applicable federal, state and local law, including receipt of consent from Authority for such transfer. 3. In the event that Guarantor should breach or fail to timely perform any provisions of this Guaranty, Guarantor shall pay Authority all costs and expenses (including court costs and attorneys' fees) incurred by Authority in the successful enforcement hereof. 4. Guarantor represents and warrants that the execution, delivery and performance by Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder do not, and will not, contravene or conflict with any Iaw, statute or regulation whatsoever to which Guarantor is subject or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, or result in the breach of, any indenture, mortgage, deed of trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a party or which may be applicable to Guarantor. This Guaranty is a legal and binding obligation of Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to the enforcement of creditors' rights. 5. The Guarantor agrees that no failure to exercise, and no delay in exercising, on the part of the Authority, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of the Authority hereunder shall be in addition to all other rights provided by law. No modification or waiver of any provision of this Guaranty, nor consent to departure therefrom, shall be effective unless in writing and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand. 6. This Guaranty shall be governed by and construed in accordance with the laws of the State of Minnesota and the applicable laws of the United States of America. 7. This Guaranty may be amended only by an instrument in writing executed by the party or an authorized representative of the party against whom such amendment is sought to be enforced. IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by its authorized officers as of the day and year first above written. U.S. WEST, INC. By. Title ATTEST: C:\CABLE'~USWESTkGUARANTY.FtN BERNICK AND LIFSON ATTORNEYS AT LAW MINNEAPOLIS~ MINNESOTA 5~416-I270 tALSO ADMITTED IN WISCONSIN ~AL$O CERTIFIED PUBLIC ACCOUNTANT TO: FROM: RE: DATE: MEMORANDUM Clients Currently Served By Meredith Cable Thomas D. Creighton, Robert J. V. Vose, Theresa M. Kowals Request for Approval of Transfer of Ownership; Continental to US West August 9, 1996 FINAL REPORT, ANALYSIS ANI) CONCLUSIONS Please find below a summary and analysis of the proposed transaction regarding the merger of Continental Cablevision, Inc. (hereinafter referred to as "Continental") and US West, Inc., or a wholly owned subsidiary thereof (hereinafter referred to as "US West"). Federal Communications Commission Form 394 ("FCC 394") dated April 19, 1996, was received by the various Franchise Authorities (hereinafter "Authority" or "Authorities") on dates ranging from April 19 through April 22. This transaction is designed to follow immediately as it relates to the Authorities' systems, the transfer of Meredith/New Heritage Strategic Partners, L.P. to Continental. Federal law provides for a 120 day review period from the date of receipt of FCC 394, together with all exhibits and any additional information required by 'the terms of the Franchise Agreement or operative state or local law. Although additional information was MEMORANDUM August 9, t996 Page 2 required and received from US West, for the purpose of this report, ordinarily the 120-day period would be calculated from the date of receipt of FCC 394. However, the Authorities simultaneously received FCC 394 for a proposed transaction between Continental and US West, Inc. and FCC 394. for the Meredith/Continental transaction. While the companies held the position that the transactions were simultaneous and therefore the Authorities' review must be completed for both transactions within one 120-day period, this office asserted that the transactions were consecutive and therefore the Authorkies would have 120 days for the first transaction, and another 120 days for the second. It was also obvious that this situation was unprecedented, and the legal authority was unclear as to the veracity of either position. Therefore, the companies and this office on behalf of the Authorities began negotiating a mutually acceptable review time period. Of particular concern to the company was the desire to close the US West transaction prior to the end of 1996. Consecutive 120-day periods would have exceeded that closing deadline. The negotiated settlement is set forth in correspondence from the companies' counsel and a response from our office and is attached hereto collectively as Exhibit 1. The parties agree to conclude all actions required by the political subdivisions who are members of the various Authorities on or before September 30, 1996, unless the US West closing deadline is extended beyond October 1, 1996, in which event the deadline will be extended to October 18, 1996. The purpose of this report is to provide the Authorities with an understanding of the transaction and the standard for review. MEMORANDUM August 9, 1996 Page 3 1. INTRODUCTION. The simultaneous filing of two FCC 394's presented the Authorities and this office with some unique and difficult challenges in analysis. It was the determination of this office to analyze the transactions separately and to propose separate resolutions for each transaction. At the time of awarding the original Cable Communications Franchise and in subsequent transfers of the Franchise, the Authorities considered and approved the technical ability, £mancial capacity, legal qualifications and character of the original and subsequent owners of the cable system, as well as other appropriate factors. These same qualifications are to be considered and reviewed by Authorities as part of the review of the proposed transfer to US West. The sources of information used in examining these factors included FCC 394, its exhibits, the current Franchise Ordinance, various FCC rules and regulations regarding cable communication systems, US West's Response to the Request for Additional Information Regarding Request for Approval of Transfer of Control (attached hereto as Exhibit 2), and US West's response to subsequent questions regarding corporate structure, along with direct oral communications with representatives of US West. All levels of government have something to say about such transfers. The local franchise, Minnesota state law, federal law and FCC rules all apply to this transfer. The Authorities' Franchises require that the Authorities review the transfer pursuant to the same standards used to award the original Franchise. Minnesota law, Minn. Stat. § 238.083, provides that the tocat franchising authority must consider a written request to approve a transfer of ownership, and the MEMORANDUM August 9, 1996 Page 4 franchise authority cannot unreasonably withhold such approval. Minnesota law also arguably requires a shorter review period than the 120 days. In any event, we have opined that it is more probable than not that the federal statutory time of 120 days preempts those state statutory timelines which are inconsistent with the federal timelines. Exhibit 1 also indicates that US West has waived objection to the review process of Authorities which may have conflicted with state procedural timelines. It should also be noted that the Hudson/North Hudson and South Washington County deadlines were extended by agreement of counsel for US West to be the same as the negotiated deadlines for the previous Meredith systems. 2. STANDARD OF REVIEW. The Authority's task in this process is to review the information provided regarding the transfer and to approve or deny the transfer to US West. The Authorities have the express right to approve or disapprove such a transfer. The standard of review is that the Authority's consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the transfer, the Authority has attempted to make inquiry into the legal, technical and financial qualifications of US West, a well as other appropriate factors. During such inquiry, it was evident that a subsidiary of US West would own and control the Continental systems, although that subsidiary became a moving target and, as discussed later, is still not entirely identified as of the drafting of this report. Therefore, at times this analysis encompasses not only US West, Inc., but various subsidiaries which may own and control the cable systems serving the MEMORANDUM August 9, 1996 Page 5 Authorities, as well as the cadre of Continental officers and staff which are represented as being merged into US West's operating subsidiary, albeit unformed as of this drafting. In analyzing the transaction, the Authority must consider whether US West meets ail of the criteria originally considered in the granting of the Franchise. Note, however, that this analysis is not a comparison between Continental and US West. Rather, this analysis is an application of factors to determine whether US West satisfies the standards to the reasonable satisfaction of the Authority. The Authority should focus on the following factors in determining whether to approve or deny the transfer: i. ii. 111. iv. Legal and character qualifications of US West and its operating subsidiary; Technical ability of US West, its operating subsidiary and staff; Financial stability of US West, its operating subsidiary; and Other appropriate factors. This office has conducted an extensive review of all relevant materials on behalf of the Authority. This report is a "shorthand" synthesis of that review in an attempt to fully inform the Authority without overwhelming the decision-making body with detail and minutia. Obviously, our review extended far beyond the summary of this report, and we will be available to further expand on this sum_mary should the Authority have any questions. MEMORANDUM August 9, 1996 Page 6 3. DESCRIPTION OF TRANSACTION. The transaction is a merger of Continental Cablevision, Inc. into US West, Inc. the merger, Continental Cablevision, Inc. will cease to exist as an independent entity. Following However, the existing local operating companies will be maintained as distinct legal entities and will continue to operate the Authorities' cable systems. The merger of the two companies is accomplished through the exchange of Continental common stock for U S West Media Group common stock and the assumption of Continental liabilities by U S West. In order to understand the merger transaction, it is important to know that in November, t995, US West restructured its business into two separate units: the Communications Group which deals with telephone and operations; and the Media Group which controls the cable television operations, wireless communication systems, and directory and information services. Both the Communications Group and the Media Group do business through subsidiaries of US West, Inc. US West has represented that the assets of Continental, including all subsidiary corporations which are the current franchise holders, will be placed in a new subsidiary of US West, Inc. called "Merger Subsidiary". The operating companies will become subsidiaries of the Merger Subsidiary. Because the local subsidiary remains the same and continues to hold the local franchise, albeit under US West's control, the local subsidiary will continue to be bound by all existing terms and conditions of the local franchise. However, there were a number of issues which had to be resolved before approval of the transaction could be recommended. MEMORANDUM August 9, 1996 Page 7 First, US West has been inconsistent in identifying the transferee of the cable systems. Initially, US West, Inc. was listed as the transferee on FCC 394. In its response to the request for information, US West indicated that a new subsidiary, "Merger Subsidiary", will be created to hold the Continental assets, including the cable systems. In addition to its inconsistency in naming the actual transferee, US West has not provided any information regarding the assets of the Merger Subsidiary or the people who will be running it. In response to the request for information, US West indicated that there are no officers, directors of five percent shareholders of the Merger Subsidiary. We did not, therefore, have the information needed to determine who is ultimately responsible for the cable systems subject to the franchise. Second, US West has not indicated how the funds necessary to operate the cable systems and make capital improvements will be obtained by the Merger Subsidiary. The most recent public information released by US West in its Form 10-K indicated the US West Media Group expects that cash from operations will not be enough to fund expected cash requirements and additional financing will come primarily from new debt. In the responses dated July 29, 1996, US West indicates that the Merger Subsidiary will have no fewer assets than those of Continental currently. In essence, US West intends to merge Continental into an empty shell. Third, US West has not provided information on how much of the ownership structure of Continental will be retained after the merger. The operating subsidiaries may be three or four corporations removed from US West, Inc. US West indicates in FCC 394 that of "crucial importance is the fact that day-to-day operations of Continental Cablevision will continue to be MEMORANDUM August 9, t996 Page 8 handled by the same experienced management group that operates the system today." The documentation for the proposed merger does not bear out this assertion. Counsel for US West verbally indicated that Amos Hostetter, the chief shareholder of Continental, will be named President of the cable division of US West Media Group, Inc. (a subsidiary of US West, Inc.), which is not the company which will own the previously Continental cable systems and franchises. In responses to the request for a schematic diagram of the post-merger ownership structure from the franchise holding entities up to US West, Inc., counsel for US West provided a chart eliminating all entkies other than the franchise holders, the Merger Subsidiary, and US West, Inc. Even assuming that the personnel directly controlling the cable systems remain in place, there is no guaranty that the corporate philosophy of Continental will survive the merger. Rather, it is more likely that additional bureaucratic constraints will exist within the US West, Inc. group than existed in Continental. It is no assurance that the individuals who directly interact with commission members will be retained when there is no information on the upper-management strategic plan for use of the cable system. Fourth, industry publications estimate the purchase price of this transaction at $11 billion, with one-half of that figure used to retire existing Continental debt. The merger agreement contains a formula for determining the purchase price based on financial information available at closing and subject to Financial adjustments which can be calculated using information known only to the parties. When asked to provide a "ballpark" estimate of the purchase price for this transaction, counsel for US West referred back to the formula contained in the merger agreement. MEMORANDUM Augus~ 9, 1996 Page 9 If the purchase price is unreasonably high, the Authority should consider whether sufficient assets will be committed to operate and upgrade the systems to provide quality service to the subscribers in the future. Subsequent communications from counsel for US West indicates the apportioned purchase price paid by US West for the previous Meredith/now Continental systems will be roughly what Continental paid for the Meredith systems. No further information is given regarding the purchase price of the Hudson/North Hudson or South Washington County systems. Another concern with the financial aspects of the merger transaction is its impact on the financial stability of the parties. Standard & Poor's has included both Continental and US West on its CreditWatch and may downgrade the ranking for the corporations' securities. This indicates that the financial community believes the merger wilt have a negative impact on the f'mancial health of US West, Fifth, there is a question whether this transaction will be completed. Counsel for US West confn'med public information that the merger will not be finalized if US West stock is not trading between $20 and $28 per share. It is quite possible that the stock will not be trading in the target range at the time of closing. Further, the Wall Street Journal reported on July 29, 1996, that US West, Inc. and Continental have the option to delay the merger without restructuring the transaction. Finally, if US West is granted the temporary waiver it is requesting of the FCC, it will be required to divest itself of the cable systems within 18 months of the merger. This is particularly troubling when the transfer coincides with the franchise renewal process. MEMORANDUM August 9, 1996 Page 10 All of these issues are addressed later in this report. The cable systems will continue to be operated by the existing subsidiaries, and the franchise holders will not change. A chart showing current ownership/control structure of the entities is attached hereto as Exhibk 3. A post-merger chart is attached hereto as Exhibit 4. 4. LEGAL QUALIFICATIONS. The legal qualifications standard relates primarily to an analysis of whether US West or its subsidiary is duly organized and authorized to own the cable systems. It should be noted that current federal law has shifted dramatically regarding the ownership of cable systems. US West may not purchase and own these cable systems (except Hudson/North Hudson) because the cable systems are located in US West telephone service territory. US West has filed a Petition for Special Relief requesting an 18 month temporary waiver to own the Minnesota systems. The comment period rum through August 20, 1996, and this office is responding on behalf of the Authorities. It will be argued that the Telecommunications Act of 1996 requires approval by the the Authority of any Request for Waiver on behalf of US West. Counsel for US West proposed that any consent to FCC 394 could be considered a consent to the ownership waiver. That argument is specifically rejected by this analysis and any resolution adopted to consent to this transfer should specifically state that it is not a consent to a waiver. MEMORANDUM August 9, 1996 Page 11 Another legal qualification concern was the apparent inability of US West to identify the corporate structure so that the Authorities could be clear "where the buck stops" in case of trouble. Suffice it to say, after long hours of discussion, we determined that only a parent corporation guaranty from US West, Inc. guaranteeing the performance of the local systems would be an acceptable solution. We have received assurances that US West, Inc. will execute such a guaranty (see Exhibk 5). Any consenting resolution will be contingent on such a guaranty. 5. CHARACTER QUALIFICATIONS. In response to our Request for Additional Information, US West has represented that it has not been convicted in a criminal proceeding relating to any of the usual inquiries regarding character. The character qualifications of US West, as well as the individuals involved, are. satisfactory. Based upon our review of the information provided, it would appear that the Authorities could not reasonably withhold approval of the merger based on the legal or character qualifications of US West or its principals, provided that all waivers and approvals required by federal, state and local law are secured, and further provided US West, Inc. guarantees the performance of its subsidiaries. 6. TECHNICAL ABILITY. The technical ability factor relates to the technical expertise and experience of US West in operating and' maintaining a cable system. This analysis focuses on the current and former experience of the proposed owner. US West has little such experience and relies almost entirely MEMORANDUM August 9, 1996 Page 12 on the Continental officers and staff it will absorb. US West has stated that the overall local management structure of Meredith and then Continental will survive. Inquiries were made as to local management, and Continental advised the Authorities that Mr. Griffin and Mr. Commers will remain as local managers. US West has responded that they have no current plans for changing staff positions. Continental has brought back a previous local manager of the St. Paul systems, Randall Coleman. Mr. Coleman will be Vice President of Operations, Minnesota. Mr. Griffin and Mr. Commers will report directly to Mr. Coleman. Mr. Coleman will report to Emmett White, Senior Vice President, Central Region, who will report to William T. Schleyer, President, Continental. This entire structure will be absorbed into US West at various corporate levels of the transaction. It should be noted that experience has shown that perpetuation of local management structures do not survive for the long term. The same local management teams the Authorities are familiar with will apparently remain after US West ownership, if such ownership occurs. Under Mr. Coleman's leadership, Continental of Minnesota will have three experienced and qualified local managers: Kevin Griffin, Meredith systems; Jim Commers, previous King Videocable systems; and Fran Zeuli, General Manager of St. Paul and Northern Dakota County. It is highly improbable that alt four gentlemen will remain in leadership capacities for a long period of time as the systems consolidate and develop. However, no plans for change were MEMORANDUM August 9, 1996 Page 13 offered by US West in its responses. This is, of course, not unusual in a transfer format, especially when US West assumes it will be divesting itself of the systems within 18 months. Should US West ultimately divest the Minnesota systems, a change in management structure could occur. However, the Authorities will have the opportunity to review any such transfer should it occur in the future. It is also informative to investigate the technical qualifications of the parent corporation. In this case, however, US West's qualifications are only as good as the Continental people which they are merging into US West's operations. We have reviewed information provided by US West as it relates to its technical qualifications and Continental's cable management experience. Of course US West, one of the "baby Bell's" created by the divestiture of AT&T, has long been a leader in the telecommunications industry in the Western and Midwestern United States. US West provides telephony services in a t4-state region. US West is one of the largest telecommunications services companies doing business in the United States. In addition to its telephone service, in 1995 US West also provided cellular telephone service to 1,500,000 subscribers and cable telephone service to 527,000 subscribers in Atlanta, Georgia. US West, since 1989, has provided both telephony and telephone service in the United Kingdom through its partnership as TeleWest Communications. TeleWest has become the world's largest provider of combined cable television and telephone service. In addkion, US West offers it~ cable/telephone ventures in the Netherlands, Japan, the Czech Republic and Malaysia. MEMORANDUM August 9, 1996 Page 14 In May of 1993, US West entered a partnership of Time Warner Entertainment, the first partnership between a major telecommunications provider and a major cable television company. US West is a 25% partner in Time Warner. In December of t994, US West acquired 54 cable television franchises in metropolitan Atlanta. The combined systems form the largest single city cable television operation in the United States. US West has begun a $250,000,000 rebuild of the Atlanta cable systems utilizing hybrid fiber/coax design that is telephony/interactive/multimedia capable. US West stresses that the day-to-day operations will continue to be handled by the same experienced management group that operates the Continental and Meredith systems today. US West asserts that the decentralized and locally responsive management structure will remain, together with Continental's engineering and technical support personnel. The individuals identified by US West in local leaderskip capacities are the same individuals identified by Continental in the Meredith/Continental transaction. Continental Cablevision is a known quantity in Minnesota, having operated the St. Paul and Northern Dakota County systems from their inception. Additionally, Continental has acquired the King Videocabte systems and has operated them for almost two years. While local franchise authorities report that they have had the usual "ups and downs" with Continental as a cable operator, there have been no notices of non-compliance and no litigation in the systems. Generally, Continental receives a good report from franchise authorities in Minnesota who have experience with Continental as its cable operator. MEMORANDUM August 9, 1996 Page 15 Continental Cablevision is the nation's third largest cable system operator serving more than 4.2 million subscribers in 20 states. The company employs nearly 10,000 people. Continental was founded in 1963 and has continually operated cable television systems throughout the country as well as investing in international ventures in telecommunications. Continental's co-founder, Amos Hostetter, Jr., is the current Chairman and CEO of Continental. Mr. Hostetter is a highly regarded cable operator. Continental is the founding member of C-Span. It also helped created Cable in the Classroom, which provides commercial, free educational programs at no cost to'more than 3,000 schools in Continental's service areas. Continental also has a part ownership interest in cable programming services such as Turner Broadcasting, E! Entertainment TV, and Music Choice. Continental was designated "Cable Operator of the Year" by Cablevision Magazine for three consecutive years. The company has also received numerous national awards for .its efforts in programming, education, marketing, customer service, and public affairs. Continental has a favorable reputation for community programming throughout the country. The Senior Vice President responsible for the Central Region, Emmett White, has a distinguished career in cable television management since joining Continental in Chicago in 1981. Robert E. Ryan, Vice President, Government Affairs for the Central Region, served 460,000 subscribers and 125 franchising authorities in four Midwestern states. Mr. Ryan's responsibilities include development of franchise renewal strategies, governmental affairs, MEMORANDUM August 9, t996 Page 16 ordinance negotiations, regulatory matters, and various functions relating to the strategic planning of corporate growth within the region. In summary, the Continental organization appears to be staffed from top to bottom with technical expertise in the cable industry. US West has replied to the Franchise Authorities' Request for Additional Information by stating that it will comply with all FCC technical standards and will comply with all current franchise requirements regarding the technology of the cable system. Based on our review of information provided, k would appear that the Authorities could not reasonably withhold approval of the transfer on the basis of the technical ability of Continental, its management and its principals, which will become the management and principals of US West cable operations in Minnesota. 7. FINANCIAL STABILITY. The financial stability factor relates to whether US West has the financial resources available or committed to not only acquire the system, but also whether its financial plan, as presented, is reasonable and economically viable. In the interest of preserving financial resources, the Authority has chosen not to engage a separate financial consultant to undertake a comprehensive review of this factor. Frankly, if US West does not qualify financially, one would have to wonder who would. However, with the elusive corporate structure of the transaction and with apparent dumping of Continental into a yet unincorporated "to be" shell corporation, access to US West's financial stability appeared tenuous at best. MEMORANDUM August 9, 1996 Page 17 The Authority can assume that if US West does not have the financial resources available to it to close the transaction, the closing will not take place. Therefore, further scrutiny of the actual sale transaction has not been undertaken. However, of concern to the Authority is whether the resources of US West are available to the local franchise holder to comply with the franchise requirements of the Authority now and in the foreseeable future. Because the local franchises will apparently be held by a subsidiary of US West, inquiry was repeatedly made regarding the financial resources of the subsidiary. No such financial information was made available to this office in this analysis except to assert that the same resources available to Continental would also be available to the subsidiary. We have met with representatives of US West and informed them that we would require a performance guaranty from US West, Inc. as the parent corporation. The performance guaranty would serve as a guaranty from US West that should the operating entities be unable to fulfill their franchise obligations, US West would assume responsibility for franchise compliance. US West has consented to offer such a corporate guaranty, attached hereto as Exhibit 5. If the Authorities choose to consent to this transfer, the transfer resolution will include a contingency that US West guaranty the performance of its subsidiaries as it relates to the individual franchises. Based upon our review of the information provided, it would appear that the Authority could not unreasonably withhold approval of the transfer based on the financial stability of US West, provided that US West agrees to comply with all local franchise requirements, as it has done, and further that US West execute a guaranty of the performance of its subsidiaries. MEMORANDUM August 9, 1996 Page 18 8. OTHER RELEVANT FACTORS. Other appropriate factors which have been reviewed for the propose of determining whether to approve or deny this transfer are contained in the information received for our review. The most significant factor to be considered is whether the franchise will remain intact and whether US West will agree to comply with all existing franchise requirements, promises and representations of its predecessors, including the Memorandum of Understanding agreed to by Meredith. US West has indicated that it will comply with all existing franchise requirements and obligations. US West has agreed to comply with all Memoranda of Understanding. US West has not proposed any modifications to the channel capacity or system design. US West has indicated that it will comply with FCC technical specifications. US West will seek to accommodate each subscriber's request for the location of drops and wi/1 restore property damaged during an installation. US West does not plan any new types of installation fees. US West has agreed to comply with all underground installation policies as such are established in existing franchises. US West will maintain normal business hours for the purpose of receiving customer complaints. Customer service representatives will be available by phone 24 hours a day, 365 days per year, with limited hours only on major holidays. MEMORANDUM August 9, 1996 Page 19 US West has agreed to comply with all existing requirements regarding public education' government access and will continue current channel designations for public education and government access channels. Franchise renewal discussions with a company that apparently will only own the systems for at most 18 months has caused much concern among the Authorities. US West has indicated that franchise renewal negotiations will be conducted by the system managers, Kevin Griffin and Jim Commers as appropriate. Mr. Griffin will report directly to Mr. Randall Coleman, who reports directly to Mr. Emmett White. US West has responded that it is willing and able through its local franchise holding entity to conduct renewal negotiations and to accept the attendant 'responsibilities. US West was asked to explain the rights-of-way irfitiatives both in its litigation against Minnesota cities and as to its legislative proposals which may be pending. US West responded that such inquiries were beyond the Authorities' legal, technical and financial analysis. While both initiatives certainly reflect upon the corporate "character" of US West, an issue the Authorities can consider in this analysis, neither initiative would appear to achieve the level of a reasonable basis to withhold consent to the merger. A final point of note is the payment of fees incurred by the Authorities for the purpose of this approval process. After considerable discussion, the transferring entities have agreed to reimburse Authorities for reasonable fees, all as delineated in Ex, bit 1. MEMORANDUM August 9, 1996 Page 20 9. CONCLUSION. As a result of the above analysis, and subject to the contingencies of the attached Resolution, there does not appear to be any reasonable basis for the Authority to deny the request for approval of the transfer. TDC/rs ROBINS, KAPLAN, MILLER. 8 CIR. E$I ATTORNEYS AT LAW ATLANTA CHICAGO ORANGE COUNTY SAINT PAUL SAN ~ANCJSCO 2800 LASALLE PLAZA ^vE u MINNEAPOLIS, MINNESOTA 55~402-2..015 TELEPHONE (612) 3,49-8500 FACSIMILE (612) 339-4i81 ."7'~' , / (612) 349-$765 May 13, I996 Thomas D. Creighton, Esq. Bernick and Li£son, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, ~ 55418 Meredith/ContinentatAL S. West Transfer Review Issues Our File No.: 024685-0017 Dear Tom: On behalfofMeredith Cable and Continental Cablevision ("the Applicants"), we are writing to confirm the agreements reached with you on behalf of your clients, the North Suburban Cable Commission, Quad Cities Cable Communications Commission, Burnsvitle/Eagan Cable Communications Commission, North Central Suburban Cable Communications Commission, Ramsey~ash/ngton Counties Suburban Cable Communications Commission, the member cities of those various commissions, and the city of Columbia Heights (individually and collectively "the Franchising Authorities") with respect to consideration of the two pending Form 394 Applications for consent to change of control of the cable television franchises. We understand that the Franchising Authorities and Applicants may disagree as to certain deadlines and all desire an agreement with respect to the application review process. We further understand that the Franchising Authorities desire reimbursement of expenses associated with consideration of the Form 394 Applications and an agreement as to process as it relates to potentially conflicting federal and state statutory, time lines. To satisfy the concerns and objectives of the Franchising Authorities and the Applicants, all parties have agreed as follows: No later than April 22, I996, each of the Franchising Authorities received a Form 394 Application for consent to change of control of the franchises currently controlled by Meredith/New Heritage Partnership from Mereditl'ffNew Heritage Partnership to Continental Cablevision and a Form 394 Application for consent to change of control Thomas D. Creighton, Esq. May 13, 1996 Page 2 ofContinentaI Cablevision to U.S. West, Inc. The Applicants have agreed to waive and extend any state and federal statutory time frames to the following extent: The various client governments shall have until September 30, 1996 to act upon the two Form 394 Applications except that, with respect to the Continental/U.S. West Form 394 Application, if closing of that transaction does not occur on October 1, 1996, such deadline shall be extended until the date of closing of that transaction but in no event, later than October 18, 1996. I/any of the Franchising Authorities fail to render a final decision on any of the Form 394 Applications by the deadlines set forth above,. the transfer consent shall be deemed granted. In addition to the foregoing, the various commissions shall present their final recommendation to their member cities no later than August 22, 1996 except that the North Suburban Cable Communications Commission shall have until September 5, 1996, to present its recommendation to its member cities. The Applicants agree to the above-described review process and agree that they will not assert any fights under 5W_mn. Stat. § 238.083, subd. 2-4 which would require any shorter time frames, special hearings, or special findings, related to the review process or schedule. The parties understand that any consent to the change of control arising out of the Continental/U.S. West transaction will be conditioned upon demonstration by the companies that they have obtained any necessary waivers or other such authorizations required to allow U.S. West to acquire and own cable television systems within the U S WEST telephone service region. Up to a maximum amount orS100,000, the applicants agree to reimburse the various client governments for actual, reasonable consultant and attorneys fees incurred by such governments in reviewing and acting upon alt pending Form 394 Applications and related issues. As we have discussed, this amount is inclusive of the reimbursement amount and agreement set forth in Kevin Griffin's letter to you dated January 29, t996. The Applicants will allocate payment of these fees amongst themselves. The Applicants reserve any rights of the cable system it may have to recoup such reimbursement amounts from cable television subscribers of the system over a 12-month period beginning with the commencement of such recoupment. Thomas D. Creighton, Esq. May 13, 199~5 Page 3 We look forward to your confirmation of this agreement in writing by May I5, 1996. On behalf of the Applicants, please let me take this opportunity to express our commitment to work with you and the Franchising Authorities throughout this process. Thank you very much for your commitment on these matters. J-'FG/ch cc: Mr. Robert Kyan Mr. Fran Zeuti Mr. Kevin Griffin Mr. Nile McDonald Very truly yours, ROBINS, KAPLA~LER & CIRESt BER. NICI<,. AND TLI}::SON May 30, 1996 .Via Teiecopier and U.S. Mai/ Mr. John Gibbi Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, Minnesota 55402-20t5 MeredidVContinentat/U.S. West T~-m.nsfer Review Issues; Nor'~ Suburban Cable Commission, Quad Cities Cable Communications Commission, Burnsville/Eag~ Cable Communications Commission, North Central Suburban Cable Communications Commission, Ra~-nsey/Washington Counties Suburban Cable Communications Commission, Hudson/North Hudson Joint Cable Boa. rd, South Washington County Cable Communications Commission, and t_he City o~' CoJumbia Heights Dear John: In response to your leu:er of May 1.3, I996, please be advised chat as attorneys for r..he above-referenced municipal consorT, ia, [ agree with the understandings set forth therein, with the fotlowing further understandings: By agreeing to these understandings as attorney for the above-referenced municipal consortia, I do not on behalf of my clients waive any rights or arguments choy may have reiated to the issues raised by your totter should delays or damages be caused by-your clients' actions or faiIure to act. The North Suburban Cable Communications Commission meets September 5, 1996 and will rake action to adopt a recommendation to its member cities at or before that meeting, The Commission will "present" its recommendation to its member cities in a dme?v fashion rhereafi:er. Your correspondence requests contlrmadon of the unders ~randings and agreement in wridng bv May 15 t996. We discussed chis agreement by telephone ' . . , conre.enc., on that Mr. John Gibbs May 30, t.996 Page Two day and you have subsequently indicamd that your later receipt of written confirmation, wida these fur-~er understandings, is not objectionable. Please do not hesitate to contact me if you have any questions. Yours truly, BERNICK AND LtFSON, P.A. TDC/rs ' cc: ~CIi¢~,~s RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING REQUEST FOR APPROVAL OF TRANS~R OF CONTROL CONTINENTAL CABLEVISION, INC. SUBMITTED TO North Suburban Cable Communications Commission Representing the Minnesota Cities of Arden H_itts, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Rose,Jlle, St. Anthony and Shoreview. Burnsville~agan Cable Communications Commission Representing the Minnesota Cities of Burnsville and Eagan. Quad Cities Cable Communications Commission Representing the Minnesota Cities of' Anoka, Charnplin, Ramsey and Andover. North Central Suburban Cable Communications Commission Representing the Minnesota Cities of Blaine, Centeruitle,' Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park. Columbia Heights Communications Commission Representing the Minnesota City of Columbia Heights. Ramsey/Washington Counties Cable Communications Commission Representing the Minnesota Cities ofBirchwood, Dellwood, Grant, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White Bear Lake, White Bear Lake Township and WilIerrde. HudsopfNorth Hudson Joint Cable Advisory Board Representing the Wisconsin City of Hudson and Village of North Hudson. South Washington County Cable Commurdcations Commission Representing the Minnesota Cities of A_flon, Cottage Grove, Denmark Township, Grey Cloud Township, Newport, St. Paul Park, and Woodbury. SUBMITTED BY: CONTINENTAL CABLEVIStON AND U.S. WEST JULY 22, 1996 EXHIBIT CITY COUNCIL LETTER Meeting of: 8/26/96 AGENDA SECTION: ITEaS FOR CONSIDERATION NO. B i d C o n s i. d e r a t i o n ORIGINATING DEPARTMENT: CITY MAblAGER 7 PUBLIC WORKS ~ ~ ITEM: AUTHORIZATION TO SEEK BIDS TO BY: M. Winson BY: NO, LINE/REPLACE PIPES AT LABELLE POND ) DATE: 8/19/96 DATE: '?..gl. Staff has $30,000 in Fund 652-49499-5130 to line or replace corrugated metal pipes (C.M.P.) surrounding LaBelle Pond. This is the first year in a proposed ongoing project to tine or replace all of the C.M.P. in the area. The pipe was installed during the 1960's and is beginning to show signs of distress. Phase 1 of the project includes approximately 300' of pipe outletting into LaBelle Pond. RECOMMENDED MOTION: Move to authorize staff to seek bids to line/replace C.M.P. outletting into LaBelle Pond. MAW:jb 96-390 COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 8/26/96 AGENDA SECTION: ITEMS FOR C 0NS 1DERAT I ON-, ORIGINATING DEPARTMENT: CITY MANAGER NO' 7 Bid Corl$i dora ti orl PUBLIC WORKS ~~_~ i~YA~?E~,/~~/~ ITEM: FINAL PAYMENT FOR 1996 BY: M. Winson NO. STREET AND PARKING LANE STRIPING _7 , _i~ ~) DATE: 8/19/96 Attached is the invoice for payment of 1996 Street and parking Lane Striping for $5,143.64. The invoice total equals the bid amount and is comprised of $4,527.20 for striping the State Aid Streets and $616.44 for striping the local streets. RECOMMENDED MOTION: Move to accept the work for 1996 Street and Parking Lane Striping and to authorize payment of $5,143.64 to AAA Striping Service Co. of Rogers, Minnesota. IvIAW:jb 96-387 Attachment COUNCIL ACTION: AAAA Striping Service Co. 5392 Quam Avenue, P.O. Box 349, Rogers, MN 55374 (612) 428-4322 INVOICE RECEIVED PUBLIO WORKS PAGE: INVOICE NUMBER: 0090696-IN INVOICE DATE: 07/31/96 1996 CITY-WIDE STRIPING CITY OF COLUMBIA HEIGHTS ~ CUSTOMER NO: 99COLU 590 - 40TH AVENUE NE ~ CUSTOMER P.O.: COLUMBIA HEIGHTS MN 55421 TERMS: NET 30 DESCRIPTION QUANTITY PRICE AMOUNT 4" BROKEN YELLOW PAINT MILE 12 174.000 2,110.62 4" BROKEN WHITE PAINT MILE 174.000 71.3& 4" DOTTED WHITE PAINT MILE 4,000.000 360.00 4" SOLID WHITE PAINT MILE 5 384.000 2,257.92 8" SOLID WHITE PAINT MILE 768.000 53.76 4' SOLID YELLOW PAINT MILE 290.000 69.60 4" DOUBLE SOLID YELLOW PAINT MILE 580.000 220.40 .00 NET INVOICE: 5,143.64 FREIGHT: .00 SALES TAX: INVOICE TOTAL: 5,143.64 CITY COUNCIL LETTER Meeting of: August 26, 1996 ITEMS FOR CONSIDEI~A-, I AGENDA SECTION: T I 0N---~ I n / ORIGINATING DEPARTMENT I CITY MANAGER NO. '~ ~O~SIDERATI[N POLICE ,- APPROVA~/;~/, ,~ ,// ~ ITEM: Purchase of Mobile Data_.Equipment / BY: Thomas M. JohnsoO~ ] BY: ~/~..~/'~ NO, ~}. ~. '~) ] DATE: August 13, 1996-1' ] DATE: $"/~,gYfi;/~, ' ] / / The Police Department recently purchased a notebook computer to experiment with the concept of replacing the MDT's with computers. Motorola furnished our department a sample modem/radio tuned to the Anoka County MDT frequency, as well as necessary software. The experiment was highly successful, and it appears that the computer will be a valuable alternative to the "dumb" MDT terminal as we know it. Officers will be able to utilize the computer in the car as a fully capable tool for all MDT needs as well as report writing via word processing software. Numerous other computerized possibilities exist with such a transition. Because the Anoka County Central Communications switch is the "Motorola" brand, Motorola has exclusive control in the area of MDT emulation and equipment. Per the attached price quote, Motorola is offering the Integral 35 watt two-way radio/modem with appropriate cables, software, setup, and programming for $3,200 each. This radio system will attach directly to the notebook computer. The radio/modem will be mounted in the police car trunk, connected by one cable to the front passenger compartment mounted notebook computer. We request the purchase of two Motorola two-way radio/modem units for the total of $6,400 plus tax. The funds for this purchase as well as the funds for an additional notebook computer and in-car mounting hardware will come from existing Police Department Capital Equipment Replacement Funds, which total $10,400 for previously planned 1996 purchases of two MDT's. The additional needed notebook computer will cost $2,000 plus tax. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into agreements to purchase two Motorola radio/modem units with software and associated hardware and one notebook compute~,for a total of $8,400 plus applicable sales tax, funded from the Capital Equipment Replacement Fund 431-42100-5180." TMJ:mld 96-357 Attachment COUNCIL ACTION: MOTOROLA Comm~r~i¢ofion~ .~d Elocl~on~cs Address Reply to: 11000 W 7,5[h Street Suile 150 ~dun Pf¢i~e. Mtl 55344 (612) 942~3500 August 5, 1996 Captain Leonard Olson Columbia Heighta PD 559 Ivlffi Columbia Heights, MN 5542 Dear Captabt ebon, Per our telephone conversation of earher today, I ant confirming file pricing on the Motorola VRM600 solution for Mobile Data users who wish to deploy laptop computers. Pricing includes E~nulation Software that you are ctm'ently using on tile demonstration unit I have provided Pricing is as follows: 2-VRM600 Radio Modem Package including: Modem Integral 35 watt Data-oxdy Ra~o Mobile Antemla All necessary cabling including VRM-to-PC Cable with DB9 Connectors (M-F) Motorola TX Mobile Data Terminal Emalation Software for use on laptop Set-up and progrmmning of Radio and Modem Package Price $ 6,400.00 for Qumtfity 2 ( $ 3,200.00 each ) I will need PO to proceed with the order and I will check back wittt after August 15th to get dw demonstzation unit back. Please let nte ~mw if any other question arise, and as we discussed you me bee to turn the demo over to the Fridly PD if that is appropriate, and if you are willing to help thom set up tlder own laptop with rte TX Software and configuration. Sincerely, i~ J off Data Sales Executive-Advanced Products Teen-Mobile Data MOTOROLA 11000 West 78th Street Eden Prairie, MN 55~4 (612) 934-0629 CC: John Tondh~g Anoka County Mike Fink Motorola Accotmt Manager fbr A:aoka County t309 E AlgLmquln ROad, Schaumburg, iL 60196 (708) 538,8500 CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION- ORIGINATING DEPT.: CITY MANAGER NO: "~ B1D CONSIDERATION Recreation AP~R,OVA~/~ ! ITEM: City Newsletter Printing Quotations BY: Randy Quale ~ BY: NO: 7 ' , . DATE: 8/16/96 On September 8, 1995 the City Council authorized the Mayor and City Manager to enter into an agreement for the printing of the "Heights Happenings" and "Heights Highpoints" City newsletters. It is my understanding that this agreement covers the printing of the City newsletters through 1996. The low quotation for the "Heights Happenings" was submitted by Rapid Graphics in the amount of $4,779.00. IPC Printing submitted the low quotation for the "Heights Highpoints" in the amount of $2,975.74. Due to an increase in number of the pages from 16 to 24, the cost for printing the 1996 fall/winter "Heights Happenings" newsletter has increased. To minimize the increase, the 1996 fall/winter newsletter will be printed in two colors as opposed to three colors, and the cost of laying out the newsletter along with performing color separations will be completed in-house. The price quotation submitted by Rapid Graphics for printing 10,000 City newsletters, postage for mailing 9,472 of the newsletters, and printing 3,000 extra Recreation brochures is $5,943.00. The "Heights Happenings" newsletter is formatted for the City's programming and time-dated information. On the other hand, the "Heights Highpoints" newsletter is used to discuss and inform the citizenry of a specific topic or current event in the city. The newsletters are compiled in-house by Janice McGhee-Fetzer at the Recreation Department using desk-top computer publishing software. RECOMMENDED MOTION: Move to approve the low quotation of Rapid Graphics in the amount of $5,943.00 for the printing of the 1996 fall/winter "Heights Happenings" City newsletter and Recreation brochure, with funds being appropriated from fund 101-45050- 3440, and authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: ADMIN: CCN~;SLTR. F96 Augus% 16, 1996 ci%y Of Columbia H~igh%s Attn : janlc¢ quo%e to prin% !0,000 24 pag~ newsier%ers on 60 ~ %ex% 3 color pZu~ 3000 o~ t2 pages 10,000 3,000 po$%~ge Tob~l 4,433.00 1,184.00 5,943.00 Thanks Janice. Warren Kapsner 4016 CenrralAz~enue NE · ~Vli~e,~£oli.~, ?,~IN 55421 ' (~12) 781-6931 ' Fax (612)75j-2704 CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: AUGUST 26, 1996 WALT FEHST FINANCE DIRECTOR AGENDA ITEM 7.C.1) CONSIDERATION OF DEMOLITION BID FOR 537 38TH AVENUE N.E. This memo is a follow-up to our conversation. In the Council letter the recommended motion is to take the funds for this demolition from fund 201-46310-3050, which is the Community Development general administration fund. However, there is not adequate funding in that fund to advance money for this demolition, and it does not follow past practice. In the past, on demolitions and/or condemnations we have taken the moeny from Fund 415, the public improvements revolving fund, and then set it up to be assessed the following year against the property if it is not paid by that time. I recommend following this practice for the demolition of 537 38th Avenue N.E. In that case, the following motion should be used in lieu of the one in the Council letter: Recommended Motion: Move to award the demolition contract for 537 38th Avenue N.E. to K. A. Stark Excavating, Inc., with funds to be appropriated from the P.I.R. Fun& and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. WE:dn 9608262 CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S OTHER BUSINESS CITY MANAGER'S APPROVAL No: 7 ITEM: CONSIDERATION OF DEMOLITION BID FOR BY: Walt Fehst BY: No: [7 c l>l Attached is a contract that will be entered by and between the City of Columbia Heights and Kevin Stark for the demolition of 537 38th Avenue N.E. This structure was recently destroyed by fire, and the structure and land has reverted back to the Department of Housing and Urban Development (HUD). The remains need to be demolished and removed as soon as possible. The process HUD normally follows when a building needs to be demolished is to request the City hire a contractor of our choice, pay for the work, and then certify the cost to the taxes for this property. HUD plans on marketing to sell this property as soon as possible. Once sold, the assessments for this work will be paid. HUD will not pay for seeding of the lot. However, this amount is only expected to be approximately $200. The Building Inspector received a verbal bid for removal of the house, garage and foundation, concrete private walks, and driveway. Backfill and final grading will also be completed. The bid submitted by Kevin Stark is for $4,645.00. This was the only verbal bid received thus far. Payment will be made from 201-46310-3050 which will be reimbursed from HUD when funds are received. If the City Council chooses not to award this contract, HUD would not take care of the demolition, as we were previously told. They would, instead, sell the building ~s is. The risk we run into here is that someone might be interested in fixing up this house cheaply, or worse yet, just work on it for years, thereby continuing to be a nuisance to the neighborhood. For these reasons, we are requesting that the Council authorize demolition as we have stipulated in the letter to HUD dated August 23, 1996 (see attached). RECOMMENDED MOTION: Move to award the demolition contract for 537 38th Avenue N.E. to K. A. Stark Excavating, Inc., with funds to be appropriated from 201-46310-3050; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: CONTRACT FOR THE DEMOLITION OF RESIDENTIAL STRUCTURES THIS AGREEMENT, made this __ day of , 19 CITY OF COLUMBIA HEIGHTS, MINNESOTA party of the first part, hereinafter called the "CITY" and 537 - 38th Avenue N.E. between the (Name of the Contractor) party of the second part, hereinafter known as the "Contractor". WITNESSETH: That the Contractor, for and in consideration of the payment or payments hereinafter specified by the City and to be made at the time and in the manner as herein set forth, hereby covenants and agrees to furnish materials, labor and equipment for the demolition of: all in accordance with the Contract Documents as prepared by the City, for the price and compensation set forth and specified in the Proposal signed by the Contractor and hereto attached and made a part of this Agreement. This Agreement shall specifically apply to submitted by the party of the second part dated and accepted by the party of the first part on that certain Proposal , 19 , , 19 . The City agrees to pay the Contractor in current funds for the perfor- mance of the Contract after completion of all demolition work and receipt of the federal labor standards documentation. The Contractor further covenants and agrees that all said work and labor shall be done and performed in the best and most workmanlike manner and that all such materials and labor shall be in strict and entire conformity in every respect, with the said Contract Documents and shall be subject to the inspection and approval of the City or its authorized representative(s). The Contractor further covenants and agrees that work covered under this Agreement will commence within days after receipt of a Notice to Proceed, and will have same completed in every respect to the satisfac- tion and approval of the City aforesaid days after receipt of authorization to proceed with the demolition of same described in the Contract Documents. It is understood and agreed that no claim for extra work or materials furnished by the Contractor, will be allowed by the City except as provided for in the Instructions to Bidders (Page 4, "Changes or Alterations in the Work"). In nc event shall the Contractor incur any liability by reason of any oral directions or instructions that may be given by the City or authorized representatives, nor will the City be liable for any materials furnished or used, or for any work or labor done~ unless said materials, work or labor are required of said Contrac- tor on written order as required above. Any such work or materials which - il - CONTI~CT FOR THE DEMOLITION may be done or furnished by the Contractor's own risk, cost, and expenses and he/she hereby covenants and agrees that without such written order he/she shall make no claim for compensation for work or materials so done or furnished. The Contractor further agrees and covenants to take all precautions to protect the public against injury and to save the City harmless from all damages and claims of damages that may arise by reason of any negligence of the Contractor or the Contractor's agents or employees while engaged in the performance of this Contract, and will indemnify the City against all claims, liens, .expenses, and claims for liens for work, tools, materials; machinery, or insurance premiums or equipment of supplies and against all loss by reason of failure of the Contractor in any respect to fully perform all obligations of the Contract. The Contractor also agrees to comply with all applicable federal, state and local laws and ordinances, lawful orders, and rules and regulations of any constituted authority. The Contractor shall apply fo~ and possess all appropriate permits and licenses, as required by th~ ' ~f Columbia Heights, or any other governmental unit. IN WITNESS WHEREOF: The said City have her~ and year first above written. the day ESOTA IN PRESENCE OF: BY IN PRESENCE OF: BY Title Company demoli - 12 - ADMINISTRATION Mayor Joseph Sturdevant Coun~ilmember~ Donald G. ~olly Meg Jones Gary L. Peterson City Manager Walter R. Fehst August 23, 1996 Shirley Sailors HUD RE: Demolition of House at 537 38th Avenue N.E. FHA 271-492288 Dear Shirley: Thank you for your facsimile transmission of today requesting clarification of the three points in your letter of August 16, 1996. Your referenced points and our response follows: Agreement to undertake demolition. The City Council of the City of Columbia Heights will meet on Monday, August 26, 1996, to consider approving the recommendation of City staff to have the City's crew or contractor undertake the demolition work. The demolition work will be completed no later than September 15. Subject to City Council authorization to approve demolition of the structure, the work will be completed no later than September 15, 1996. However, we have not independently verified this deadline with the contractor who could not be reached today. Based upon previous discussions, he is eager to commence this work and we anticipate it will be completed by September 15th. The demolition cost to be assessed will be the actual cost, but will not exceed $5,000. Subject to City Council authorization to approve the demolition work, the cost to be assessed will not exceed $5,000 and is estimated to be $4,745.00. Thank you for your patience in responding to the interests of the City of Columbia Heights regarding the disposition of this property. As I indicated to you previously, I will contact you on Tuesday, August 27th, to confirm the City Council's intention to authorize demolition of the building. In the meantime, thank you for removing this item from the sales list you will be advertising. I look forward to working with you and your staff to satisfactorily dispose of this property in the mutual interest of HUD and the City of Columbia Heights. Please contact me ifI may be of further assistance before next Tuesday at 782- 2810. Walter R. Fehst City Manager 96/95 590 40TH AVENUE N.E., COLLSMBIA HEIGHTS, MN 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The Oty of Columbia Heights dbes not discrimindte on the basis of disability in employment or the provision of services Equal Opportunity Employer ~----~quG-~-'~6 THU 11:0~ ID:HUD-MPLS×ST PAUL TEL NO: (61~)~70-~0~ ,¢ .,. -~t996 3: 2Pf4 ~::~E~ OITY COLUMBIA HGTS. Ell2 78'~ 2801 ~156 PO1 1996 FAX TRANSMITTAL N~ ~1-3~7-~ ~-191' rley Sailors : RE: Demolition of house at 537 38th Avenue Northeast D~ar Shirley: In follow-up to our conversation of Au~/~t 21st, let me restate the City's position: we would ~wach ~refer to have this buildin~ d~molished ra~her ~ha~ sold as is. I will be taking thi~ item to the Council Monday nipht, August 26th, to seek approval to dO so. Based on =his, I am asking you =O remove =his i=mm from the sa!es~ lis= yOU will be advo=~is&ng. I can confirm wi=h you On Tuesday, Aug%is= 27~h, =~e COu~Oil'S in=eh=ion to.~emolish che building. Columbia Heights August 22, 1996 Please confirm Cie ~%ree poin~ in ~ Aunt 16 let~: 2. ~e ~~ ~rk w~l ~ c~le~ no later ~ ~~r 15. 3. ~ d~~ cost ~ ~ ~sess~ ~11 ~ ~e a~ ~S~ but ~11 not ~ $5,000. ~S ~ Pi~ P~ss will ~ ~le to ~e a c~ge if ~ gi~ ~ ~ ~o~tion ~S af~n. ~fo~, ~ 4 p.m., ~11 ~ a f~ let~r, ~ co~ to folly, ~ ~ lors ~rley ~ef, ~ CITY COUNCIL LETTER Meeting of: August 26, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO: ~ Other BusTness Recreation APPROVAL ITEM: Recreation Department Donations Recreation Director C, ? .u us In accordance with Minnesota Statute 465.03, aL1 gifts and donations of real or personal property with a value of $100.00 or greater may only be accepted with the approval of the City Council. Attached is a list of the community organizations and businesses who have made donations to the City of Columbia Heights Recreation Department from January l through August 16, 1996. The City of Columbia Heights sincerely thanks these community organizations and businesses for their gracious and generous donations. RECOUIMENDED MOTION: Move to accept the donations from the community organizations and businesses listed in the August 16, 1996 Recreation Director's memo for Recreation Department programs, supplies or equipment, and the cash amount reflected in the 881 budget account. COUNCIL ACTION: ADMIN: CCDONATION. 96 TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Randy Quale, Recreation Director 1996 Donation Acceptance August 16, !996 In accordance with Minnesota Statute 465.03, all gifts and donations of real or personal property with a value of $100.00 or greater may be accepted only with the approval of the City Council. Below is a list of the community organizations and businesses who have made donations to the City of Columbia Heights Recreation Department from January 1 through August 16, 1996. The City of Columbia Heights sincerely thanks these community organizations and businesses for their gracious and generous donations. Ail Pets Hospital (Back to the Parks) Barna, Guzy & Steffen (fireworks) Columbia Heights Boosters (youth programs) Columbia Heights Boosters (fireworks) Columbia Heights VFW Post %230 (girls softball) Columbia Heights VFW Post %230 (Back to the Parks) Columbia Heights Women of Today (Murzyn Hall) Lois and Loren Damerow (water color print for Sr. Ctr.) Dependable Software (Back to the Parks) Dragon House (Back to the Parks) First Community Credit Union (Back to the Parks) H.B. Fuller (Special Event Programs) H.B. Fuller (Senior Program) Northeast Bank (Back to the Parks) Rapid Graphics (Back to the Parks) Bill and Charlotte Schuffenhauer (cups/coffee for Sr. Ctr.) Serie Fun Shows (Fireworks) Shamrock Bus Co. (Senior Program) Stroncek Drugs (Back to the Parks) TST Catering (Back to the Parks) Tycoon's Tavern (Back to the Parks) Watson Appraisal (Back to the Parks) $25.00 25.00 23,000.00 t,000.00 1,792.00 1,000.00 200.00 250.00 50 O0 100 O0 250 00 700 00 7OO 00 100 00 250 00 2O0.00 1,000.00 50.00 100.00 50.00 25.00 50.00 TOTAL $30,917.00 The Recreation Department requests that the City Council approve the acceptance of the above donations. Once accepted, thank you letters will be mailed to all donators. Res~ul~/~advised,  HEIGHTS Re.on Director RQ / rq ADMIN: DONATION. 96 CITY COUNCIL LETTER Meeting of : August 26, 1996 AGENDA SECTION: I.yEMS.FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO: ~ O~her Business SPECIAL PROJECT~/ APPROVAL ITEM:Extension of Refuse/Recycling/Yard BY: Jean Kuehn(~xk~ BY:~~ Waste contract with BFI/Woodlake Sanitary Service ~ DATE: August 20,~]~QF1996 NO: '7. As was presented in the work session on August 19, 1996, BFI/Woodlake Sanitary Service requested an extension of the current three year contract for refuse, recycling, and yard waste in the City of Columbia Heights. BFt/Woodlake Sanitary Service has held the contract since January 1, 1991, when they were awarded the three year contract through a formal bidding process. The contract was renegotiated and extended for three additional years effective January 1, 1994. The current contract ends December 31, 1996. BFI proposed an increase of approximately 3% in 1997, 1998, and 1999 (see attached). When comparing the current and proposed rates with rates in other communities (organized collection and open hauling), our rates and service level compare very favorably. Moreover, in addition to items specified in the contract, BFI/Woodlake Sanitary Service has provided and will continue to provide service to the City at no additional charge. For example, the Streetscape containers along Central Avenue will continue to be serviced, as will the Recycling Center (removal and marketing of materials from that site). Overall, the company has been very cooperative. As you recall, they assisted the City's residents with removal of storm damaged trees after the severe ice storm in January of 1996. When recycling markets skyrocketed to unprecedented levels, the company shared a portion of that windfall with the city, even though it was not required to do so by our contract. Staff recommends a three year extension of the current contract between the City and BFI/Woodlake Sanitary Service. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a three year extension of the Refuse/Recycling/Yardwaste contract with BFI/Woodlake Sanitary Service, effective January 1, 1997 - December 31, 1999. COUNCIL ACTION: THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, AUGUST 15, 1996 The meeting was called to order at 7:40 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Dennis Stroik, Ruth Graham, Ken Henke, Reuben Ruen, and Steve Mihalchick. Council Representative: Meg Jones City Representative: Linda Magee and Jean Kuehn Cable TV Representative: Kathi Donnelly-Cohen from Meredith Cable and Bob Ryan from Continental Cable Legal Counsel: Tom Creighton and Bob Vose Also in attendance were Mayor Joe Sturdevant, Councilmember Don Jolly, and City Manager Walt Fehst. APPROVAL OF MINUTES Steve Mihalchick stated that he would like to amend the minutes from the last meeting to more accurately reflect the cause of his reception problems that he experienced over the last few years. He wants to make it clear that the problem was in the outside cable and connection, not with his television or inside wiring as had previously been indicated. Steve felt the cable company should not assume that residents' televisions are to blame until they check out these reception complaints. Motion by Ken, seconded by Steve to approve the minutes from the May 16, 1996, with the above mentioned correction. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine during the channel check. B. Correspondence Log and Complaint Follow Up. Steve Mihalchick still is having occasional problems with ingress lines on Channel 11. He said the reception is better than last year, but still is not perfect. He maintains that we should have a better quality system based on the technology available. Follow-up on Linda Ballentine--Kathi Donnelly-Cohen reported that the technicians re-connected her equipment and instructed her how to use the equipment as connected. Meredith has not heard any more from her during the last three months. Teresa Taylor #96 and #98 had problems with her Sega programming. Kathi reported that the first complaint was a problem with her Sega Game Box that she had corrected. The second complaint was a problem with the Sega Game that had been ordered. This problem has also been corrected. Rod Hofstedt #97 had reported that the cable ground box in his neighborhood had been vandalized. Meredith went out and made necessary repairs to secure the box. Letter from Michelle Murzyn--Kathi explained that Meredith Cable agrees with the concerns Michelle Murzyn had regarding inappropriate movie previews being inserted on Nickelodeon. Kathi stated that it is the company's policy to insert only G-rated reviews on this channel. Precautions have been taken to ensure this does not appen again. Kathi has sent Michelle a letter of apology and explanation of the steps that have been taken to prevent this from happening again. TELECOMMUNICATIONS COMMISSION PAGE g AUGUST 15, 1996 C. Preliminary Report on Best Available Technology to Refurbish the Cable Distribution System This matter is tabled to a future meeting. Ordinance Changing Title and Duties of Commission Linda reported the City Council approved the Ordinance which changed the name of the commission to the Telecommunications Commission and which re-defined the duties of the commission. E. Multi Channel News Renewal The problems encountered with renewing the subscription to this magazine were enclosed in the agend! packet. We sent in the renewal order along with a check last September. After re-~ssuing a new check, and several phone calls and letters regarding our subscriptions, Multi Channel News finally processed our order in June. F. Update on Broadcasting Audio in Council Chambers Jean reported the audio problems were due to the incompatibility of the wireless microphones. Once the specific microphones were identified and removed, the audio improved. Three of the 13 microphones were discovered to be causing the static problems Meredith has been very helpful in assisting us with this situation. One microphone has been modified so it works correctly. Meredith is supplying us with a replacement wireless microphone, and a new gooseneck microphone for the podium, as the current one cannot be amDlified enough. This will bring us back up to the number of microphones we need. Even with the corrections that have been made, councilmembers must still remember to speak up during the meetings. G. Other Old Business There was no other old business. NEW BUSINESS Report on Transfer of Ownership from Meredith to Continental and from Continental to US West. Tom stated that Kathi Donnelly-Cohen does a wonderful job representing the Cable Company and that she works well with the Commissions and Cities within the system. He thanked her for the cooperation and information she has provided regarding the transfer process. He also praised the City Staff for the fine job that they consistently do. Tom reviewed the fact that we had received a simultaneous request for approval of the transfer of ownerhsip from Meredith to Continental Cable and from Continental Cable to US West Inc. The Commission's task is to analyze each transfer separately and make a recommendation to the City Council on whether to approve it or not. The information to be analyzed is the technical experience, the financial means, the legal qualifications, and the character of the company to ensure they are equipped to take over the cable system. He explained that the City cannot turn down the request unless there is a valid reason for doing so in one of the above mentioned areas. Tom stated on the Meredith to Continental transfer, the clause in our memorandum of understanding regarding profits upon the sale of the company had to be addressed. This clause was meant to protect the City from enormous profits being made on these transfers at the City's expense. TELECOMMUNICATIONS COMMISSION PA~£ 3 AUGUST 15, 1996 In the transfer from Meredith to Continental, there were only two problems that needed to be worked out The first was that the original transaction proposed the acquisition by the exis{ing limited partnership and ~here was only one partner in the partnership. The fact that there was a re-structuring of Continental (creating subsidiaries), caused the questions to be raised. This was addressed and has been resolved. The second had to do with insufficient information on the assets required to run the company. The attorneys asked for some detailed information and that a uarantybe executed regarding the financial backing of the system. Therefore ontinental guaranteed that Continental Inc. would back up our system financially if need be. Tom pointed out that as part of the memorandum of understanding with Meredith number 3 of the draft Resolution states that we will receive $~5,000 if and w~en a transfer takes place prior to the expiration of our current franchise. The Continental to US West request for approval was made at the same time. The tone of this report was quite different. Tom stated that originally, he was prepared to recommend that the systems deny approval. The US West Corporate structure was very complicated and unclear. The question of who would deal with running the systems and would be held financially accountable was uncertain. US West eventually agreed to guarantee the performance of the subsidiary and to provide financial backing of our system with some reservations. This guarantee will also have to be obtained from whoever they sell our system to. There is some good and some bad to having US West owning our system. They have the financial means and the technology available to upgrade the system. However, due to the fact they will only own and operate the system for a short time probably means they will not put much into the system while they own it. According to the present law, US West cannot own an existing cable system within their phone system area. Therefore, US West has applied for an 18 month waiver from the FCC to temporarily operate the systems in the purchase. Tom stated the approval to transfer ownership is separate from the waiver being approved. We may also be asked under a new Federal Law whether we approve the waiver as requested, which US West needs to operate the system. US West feels this approval is not necessary. If unchallenged the FCC will probably grant the waiver rather quickly. Tom is recommending approval of both transfers contingent upon the items detailed in the Resolution being accepted. Motion by Ken Henke, seconded by Dennis Stroik to recommend the City Council approve the Transfer of ownership from Meredith Cable to Continental according to the details contained in the Resolution provided. Ayes-Meg Jones, Dennis Stroik, Reuben Ruen, Ken Henke and Ruth Graham. Abstain-Steve Mihalchick. Motion by Reuben, seconded by Ken to recommend approval of the transfer from Continental to US West according to the details contained in the Resolution rovided. Ayes-Meg Jones, Dennis Stroik, Ken Henke, Ruth Graham, and Reuben Ruen. bstain-Steve Mihalchick. These Resolutions will be considered at the City Council meeting on August 26, 1996. If approved the closing on the transfers will take place sometime between October 1 and December 31, 1996. 2nd Quarter Franchise Fees The franchise fees for the 2nd quarter of $20,649.01 were received by the City. TELECOMMUNICATIONS COMMISSION PAGE 4 At)Gk)S~ 15, 1996 Ce Third Quarter Update of MCN This newsletter was enclosed in the agenda @acket for informational purposes. It was noted that Chuck Slocum is leaving MCN for another position. Other New Business --Linda reported that the City Council recently authorized the City Manager to enter into an agreement with Sprint Spectrum to install antennas on the water tower for an initial five year period, with an option for three additional five year periods. The City will receive $15,000/yr. plus an annual increase of 5% or the CPI-U, whichever, is greater. --Ken and Reuben both reported that the Emergency override was left on by accident after the test of the system last Wednesday. The Police Department has already been made aware of this situation. We will monitor it more closely next month. REPORTS A. Report of the Commissioners There was nothing to report B. Report of Meredith Cable The reports for May, June, and July were enclosed in the agenda packets. Kathi answered questions regarding information on the reports. She also noted that as part of the re-transmission agreement with FOX, Meredith is putting on the FX channel They are eliminating one pay per view channel to run this programming. This ne~ service will take effect October 31, 1996. Report of the Cable Attorney Tom reported on the US West petition filed with the PUC that is attempting to pre- empt municipal authority over right of ways. Tom stated that he spoke to the PUC against the US West stance. The PUC dismissed the US West petition, however they maintained jurisdiction over the issue. Tom argued they had no control or authority over city governments. The PUC has decided to wait until the legislators take some kind of action regarding this issue. Tom encouraged commission members and city officials to contact their legislators to help fight US West who lobbies strong and has many connections. They seem to be the company that is leading the charge on this particular issue. Linda reported we had contributed $1280 out of the cable fund to the League of Minnesota Cities Task Force to help in the effort to preserve the control of our public right of ways. 225 cities have contributed so far to this cause. Report of the Assistant to the City Manager Linda informed the commission members of the Volunteer Recognition Dinner that will be held at Murzyn Hall on October 3 in lieu of the Commission's Holiday Dinner held in December. Members and their spouses/significant others, will be notified of the time at a later date. Motion by Steve, seconded by Ken to adjourn the meeting at 9:05 pm. ubmitted, ey Han ~6~n Secretary All ayes.