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
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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
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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
{
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08/23/96 ]. 0: 0
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8/26/96 [;OUNC]iL, L]iST
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6066.1. 58 ,, 47
60662 27,, 48
60663 15 I, 07
60664 30.00
60665 91 ,, 24
60666 60.00
60667 420 ,, 00
60668 ! 0 ,, 00
60669 552.45
60670 3.62
60671 44 .,, 657 ,, 77
60672 13 ,, 42
60673 3 ,, 62
60674 44,,94
60675 .1..1. 0 ,, 07
60676 655,,00
60677 43,, !4
60678 13,433 ,, 00
60679 50 ,, 80
60680 50 ,, 28
60681 2 :, 438 ,, 64
60682 461 ,, 5:.";
60685 52.28
60684 55 ,, 89
60685 i2,373.44
60686 4,240 ,, 00
60687 5 ,, 55
60688 48.85
60689 30 ,, 00
60690 :I. 50 :, 000 ,, 00
60692 768 ,, 40
60693 586.50
60694 48 ,, 58
60695 23.66
60696 i 3,640 ,, 68
60697 2,257.3.1.
60698 250 ,, 52
60699 1,865 ,, 00
60700 4,558 ,, 50
6070.1. 2,867 ,, 04
60702 6 :, 56.1. ,, 67
60703 .1. 30 ,, 00
60704 544 ,, 65
60705 .1. 4 ,, 42
60706 8 :, 896 ,, 57
60707 350.00
BRC. F:]]NANC]]AL. S'fSTEt"I
08/25/96 10: 0
BAN K CHECK ]]lq(.") 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. A F,: fE lq
t,iATOA
H :i. s t o r y
COUi,IC ]]L. 1... 7[ S'T'
C];TY OF COt...I..JMBZA
GL540R-V04,, 30 F'ACi~ 2
CHECK NL.IMBEJR AMC)Cfi,IT
60708
60709
60710
607.1. 1
60712
60713
607.I. 4
6071.'.5
60716
607i 7
60718
607.I. 9
60720
6072.I.
60722
6072.-:;
6077.'.'4
60725
60726
60728
60729
607~0
60731
607752
60733
60734
60?35
60736
60737
60738
60739
60740
6074]~
60742
60743
60744
60745
60746
60747
60748
60749
60750
6075 !
60752
60753
60754
60755
544 ,, 50
6 :, 860 ,, 12
904,00
74 ,, 08
40,100.07
.1. ~P. 4 :, 895 ,, 30
2'.0 :, 035 .'P4
94,,62
389.53
t 62 ,, 00
1. J. 76.39
627,,25
I, 840 ,, 72
463,, 82
54,,02
I, 295 ,, O0
509 ,, 00
105 ,, 70
298 ,, 00
4i 6 ,, 00
30 ! ,, O0
370 ,, 00
444,,00
47!, 00
267 ,, O0
176 ,, O0
:I. 0 ,, O0
.1. 43 ,, 46
56~ :I. 2
.1. 20 ,, 52
1,319.54
~1. , 730 ,, 88
153 ~ 52
15,657,, 6.1.
157.32
500 ,, O0
2,253.05
2,343 ,, 00
7,44 .1. ,, :L 1
12:L ,, 65
5,0;I, 3,, 79
5,,92
425 ,, 00
46 ,, 96
5~8.70
BRC' F ]:t',IAI',IC ]: Al_. 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. Z~02;. 77
60792 .1. ;, 387 ,, 72
60793 105 ,, 00
60794 2 :, 982 ,, 00
60795 9, ~:.,)~ . ,.~ 1
60796 18 ,, 10
60797 74..1..1.
60798 190 ,, 90
60799 695.45
60800 .1. :, 548 ,, 4:.'.';
60801 .1.07 ,, 75
60802. 28 ,, 76
60803 276.25
08/23/96 10: 0
Check Histor'y
8/26/96 COUNCIL LZST
C ]: ]"Y OF:' C.r.)L.U?iB l A I"liii: Z (3H'T'8
(3L. 540R"-V04,30 l:::A(."}l!i~ 4
B A N K V E l',l D (IR
CHE(]K NLJMBIZR AMOUNT
BANI.:,' C:HEC~K]:NG ACCOUNT
F:'t...AH[.i]:;~TY EQI...I]:F:MIii:N-I" CO
F:'(DCU8 F-!EW SF'A F't~:]:~ S
Fl:itlI)l...E:Y HI!i:]:GI"ITS CYCL. ERY
FRONT L. INE PLUS
G Iii: I' 't I:;-~ K E / L) A V
Gli:]NU l NE PARTS/NAF'A
GOOI> MI)/ DR GARY
GOI::'I"[ER STATE] OI'4E-CAL.L lin
GRAF']iX 8H,t)F'F'E
(}.¥;:I:]L ]: EJ:;~ E:DLICA T :t: GNAL. CGFi'.F'
t"IANCO CORF'
I"IA F:'I::'IEI... / O'tii:t:;.'. R Y
l"ltii: A I... T I"IS!::'A N T R A N S !::' 0 R TA T ]: 0
l'-llii::l: GHT8 EI..ti~CTt~ ]: C .'I: NC ~
l"llii::l: NF..' I CH EhtViEi. Z:)I::'E COF;tF'
t"I :i: I... t... T 0 F' TR A :I: L. Iii: R 8 A !... E ~i."; .'1: N
1"I ]: Tt~i:8 F'i...ORAL
]:I'-IDUSTF~ZAt_. DOC]IR CO iii'K::
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l<tii]'.llqiii])Y & GRA~!!:':Iq
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K (:) D A K /Ii.': A S TM A t'i
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t... A R I( :1: h.l ?,3' GH N
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t...lli:t~i:l::' BROS,,
l...fii:St_.:t:, l!i:S 8W :I: MM:i:NG F:'OOL 8U
I... :I: GHTt'R)Y/CARL
MAC QUIZtEIq EI:Z.I:I:I::'MI~:NT CO,,
MIii]',IARDS C:AS!"II.~AY I...UM:BEt:i.'-F'
M:f:i)Wt~::~T BUS:I:NESS PRODUCT
M ]:I"IAI:;: I::'ORD
M :t: N I'IEAF'OI... :[ 8EL.!!~C,'I't?ON .T. C
M :I: t',II'qEAF:'OI... :I: ?.!; I:ZQU :t: t::'i~IF.i:NT CO
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M];NI'-IESOTA SAF'ETY COUNC']]L
M ~Ii IqI:!I.:}]SOTA SUI'.I I::'LIBL. ]] C, AT ][ 0
MI'.I AUTO I)AMAGIE APPRA]]SE]:i:
ffiN COMM F'AG.'I:I',!G
MN t)lii:l::'T OF' t...AI?,(.')R &: INDUS
MOBE1... C. RAF:'T ELECTR]:C
60804 518 ,, 27
60805 268, ,, 60
60806 1,6t6.64
60807 312 :: 00
60808 255 ,, 00
60809 157 ,, 38
608.1.0 60 ,, 00
6081 ]. :I. 54,00
6081 ~]i 849 ,, 45
608:I. 4 30,, 5:I.
60815 :::RS 3 ,, 00
60816 :I. 00 ,, 00
60817 696 ,, 41~;
60818 768 ,, 40
60819 9 ,, 33
60820 557 ,, 87
6082:i. 33 ,, 48
6082? 1 :I. 5 ,, 02
6082B :I., 759 ,, 50
60825 36 ,, 39
60826 304 ,, 95
60827 700 ,, 00
608 ~'. 8 547 ,, 04
60829 t 7 ,, 4.9
60830 200 ,, 00
60831 76,447,, 00
60c),.x~. 2 t 4 ,, 70
60833 19 :i. ,, 67
60834. 3:t. .) ~' ,, 00
608;~ 5 336 ,, 02
60836 22 ,, 28
60837 96 ,, 5I
60838 374 ,, 29
608B9 60 ,, 00
60840 55.94
60841 250 ,, 42
60842 50.00
60843 I, 39I,,70
60844 :I. 50 ,, 00
60845 176 ,, 40
60846 8 t ,, 00
60847 90 ,, 42
60848 160 ,, 00
60849 29 ,, 50
60~!~ 50 ~:: 5 ~ ,.,,,.~:. ,, 27
BRC F-]]NANC]]AI... SYSTEM
08/23/96 10: 0
Check I--Ii story
8 / 26/96 CO UN C I I.. t... ! S T
C]:]"¥ OF: COI...UMB]:~ I"II.=.':]:GI--I-f'S
GL540R-VO4.BO PAGE 5
BAN t< V[-i]~tD 0 F,'
Cf-fEX] K I',IUMBER AMOLJNT
BAI,I K CHIZ[:; K.'I:I,I[3 ACCOUI,i'T'
OLSON ' S PI...UMBING
F:'AM Oil.. INC
F'ARK 8UPF:'L..Y INC
F' ]: TI',IL".:Y BO WI!.::8 l_.Ol..J :[ 8V ]: L.L.IE
I:'F;:OI~:X F:'HO'¥'8 8Yd;TEM
I:~AD IO SHACK
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8AM [3 .'I: ]C.~SON ,S;I;}:Wt!iZR COMF:'AtqY
SC'.H]:N]DL. ER E]._EVATOR CORP
,E;ISAF;,'8 COMI~IERC :I:AL.. C, RED]: T
· ~i;I...OW P ITCH M I Ni"IE80TA
SOFTWARE TA:EI...ORS
S 0 U T I"I A M B U 8 ]] N E] 8,~i; C 0 PI Pi
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STRLT. ]: Cl"flii]':,' GUN ' 8 ]: NC/DOt',!
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SYSTE]"IS SUF:'F:'L..Y INC,
TOWN & C[]LJNTF~:Y OF:'I:=]:C]!E C,t_.
'T'F;&.I[3 Rt!!]~:N CI"tE]'d L..Af;J N
TlJl...I.. 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.