1997-12-16 Council Packet1. Call to Order
2. Roll Call
3. Agenda Adoption
:15
a
REVISED AGENDA
CITY OF MENDOTA HEIGHT
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
DECEMBER 16, 1997- 7:30 P.M.
Approval of December 2 Minutes.
Consent Calendar
a. Acknowledgment of the December 10 Airport Relations Commission
Minutes.
b. Acknowledgment of Treasurer's Report for November.
C. Acknowledgment of the Fire Department Monthly Report for
November.
d. Acknowledgment of December 10 NDC4 Meeting Minutes & Agenda.
e. Acknowledgment of November 26 NDC4 Meeting Minutes & Agenda
f. Acceptance of Airport Relations Commissioner Resignation.
9- Acknowledge Preparation for Ordinance Recodification
h. Approval of 1998 Non Union Salary Adjustments and RESOLUTION
NO. 97-84 RESOLUTION AMENDING PAY CLASSIFICATION
SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A
THREE PERCENT ANNUAL ADJUSTMENT FOR 1998 and
RESOLUTION NO. 97-85 - RESOLUTION ADOPTING A SCHEDULE OF
COMPENSATION FOR CERTAIN EMPLOYEES FOR 1998 AND
ESTABLISHING CERTAIN OTHER BENEFITS.
L Acknowledge Communication from Dakota County League of
Governments.
j. Approval to purchase Fire Fighter Protective Coveralls.
k. Approval to purchase Six Sets of Turnout Gear with 1998 Budget.
1. Approval of RESOLUTION No.97-86 - RESOLUTION APPROVING
THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR
FISCAL YEAR 1998 DAKOTA COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING.
M. Approval of RESOLUTION 97-87 - RESOLUTION APPROVING A
VARIANCE TO THE MINIMUM LOT SIZE TO CONSTRUCT A HOUSE
AT 703 CHEYENNE LANE.
n. Acknowledge an Update for Northland Partners.
o. Approval of Temporary Liquor License - Convent of the Visitation
annual Merrie Market.
P. Approval of the List of Cigarette Licenses.
q. Approval of the List of Contractors.
r. Approval of the List of Claims.
* *
S. Authorization to Utilize Temporary Accounting Assistant.
End of Consent Calendar
6. Public Comments
7. Hearing
a. Subsequent Truth in Taxation Hearing - RESOLUTION NO. 97-88
8. Unfinished and New Business
a. Case No. 97-39: Card - CUP and Variance - RESOLUTION NO. 97-89
b. Final Plat Approval - Mendota Technology Center -
RESOLUTION NO. 97-90
C. Consideration of Proposed NSP Franchise Agreement Renewal.
d. Discuss Continental Cablevision's Request to Transfer the Franchise.
9. Council Comments
10. Adjourn to 7:00 p.m. on January 6, 1998 for a Reception.
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If
a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to
provide the aids, however, this may not be possible on short notice. Please contact City
Administration at 452-1850 with requests.
APPLICATION FOR BUILDING PERMIT
AND CERTIFICATE OF OCCUPANCY
CITY OF MENDOTA HEIGHTS
1101 VICTORIA CURVE
ST. PAUL, MINNESOTA 55118
(612) 452-1850
DIRECTIONS:
SPACES NUMBERED 1 THRU 13 MUST BE FILLED IN
BEFORE PERMIT IS ISSUED (Please Pr:nt or Type)
193? 6047-C #� lt�k
3. LEGAL DESCRIPTION (Obtainable from Assessor's Office) J
rs 7-f- 1
PERMIT NUMBER F
Po l 7 3 -aG
,4V -e- I S-/5 g
7-3o700 0'30' o?°..oc
f PLAT NUMBER PARCEL NUMBER
4. OWNER (Name) (Address) (Tel. No.)
jbttg Ciik a5c /,.37 W4C61Tt e A U yS7-o06$
S. ARCHITECT (Name) (Address) (Tel. No.)
--16. BUILDER (Name)
7. TYPE OF WORK
NEW CONSTRUCTION O
FINISH BASEMENT O
a. SIZE OF STRUCTURE
(Hei ;)— 1 (Wi Ih)i (D
IS ;�4x
11. COMPLETION DATE
ALTERATIONS ❑ ADDITION C
PORCH ❑ GARAGE REROOF O
9 NO. OF STORIES
112. PROPERTY DIMENSIONS
1. All Contractors & Sub -Contractors shall be
licensed in accordance with City requirements.
2. This permit may be revoked at any time
upon violation of any of the provisions of
the City building codes.
DEPTH' 6P
a00
(Tel. No.)
FINISH ATTIC ❑
RESIDE ❑ MISC.
10. ESTIMATED COST
v6, S DO.
13. NO. OF FAMILIES (If Applicable)
16. VALUATION
19. ID EFiYrRDS ! e , 101,1
N f�
( "FT (2) FT. ET. (1 x 2) FT.
3. This permit is void if no work has been
done above the foundation for a period of
60 days from date of issuance. Construction
must comply to the zoning ordinance.
4. This permit doesn't authorize construction
of sewage disposal systems or electrical work.
ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of law, for the purpose
of inducing the City of Mendota Heights to take the action herein requested, that all
statements herein are true and that all :work herein mentioned will be done in accordance
with the ordinances of the City of Mendota Heights, the Sta e f Minnesota, and rulings
of the Building Department. `� q
APPLICANT SIGNATURE BUILDING OFFICIAL APPROVAL
n C
PERMIT FEE s _
I WIDTH Ort- U
14. TYPE OF CONSTR CTION
115. PROPERTY AREA
yI
FIRE ZONE
SQ. FT.
17 FRONT YARD
LIST SUB -CONTRACTORS
18.REAR YARD
FT ( 1ZS
SPACES REQ.
FT. ,v l A
1. All Contractors & Sub -Contractors shall be
licensed in accordance with City requirements.
2. This permit may be revoked at any time
upon violation of any of the provisions of
the City building codes.
DEPTH' 6P
a00
(Tel. No.)
FINISH ATTIC ❑
RESIDE ❑ MISC.
10. ESTIMATED COST
v6, S DO.
13. NO. OF FAMILIES (If Applicable)
16. VALUATION
19. ID EFiYrRDS ! e , 101,1
N f�
( "FT (2) FT. ET. (1 x 2) FT.
3. This permit is void if no work has been
done above the foundation for a period of
60 days from date of issuance. Construction
must comply to the zoning ordinance.
4. This permit doesn't authorize construction
of sewage disposal systems or electrical work.
ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of law, for the purpose
of inducing the City of Mendota Heights to take the action herein requested, that all
statements herein are true and that all :work herein mentioned will be done in accordance
with the ordinances of the City of Mendota Heights, the Sta e f Minnesota, and rulings
of the Building Department. `� q
APPLICANT SIGNATURE BUILDING OFFICIAL APPROVAL
n C
PERMIT FEE s _
PLAN CHECK FEE
PENALTY FEE
STATE SURCHARGE
TOTAL FEE + V
ONING DISTRICT
FIRE ZONE
k" I
LIST SUB -CONTRACTORS
OFFSTREET PARKING
SPACES REQ.
SPACES ON PLAN
LOADING BERTHS
NUMBER REQ.
NUMBER PROVIDED _
SIZE OF EACH
NUMBER OF OCCUPANTS OR SEATS
OCCUPANTS
SEATS
MATERIAL FILED WITH APPLICATION
SOIL TESTS ❑
PILING LOGS O
DRAINAGE PLAN ❑
PLANS & SPECS. ❑ SETS
SURVEY ❑ COPIES
PROPOSED GRADE FOUNDATION
IN RELATION TO CURB OR CROWN
OF STREET:
CERTIFICATE OF OCCUPANCY ISSUED
DATE BY
(Z L
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CITY OF MENDOTA HEIGHTS
MEMO
December 16, 1997
TO: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Add On Agenda for December 16 City Council Meeting
Two items have been revised, please see items 5h. and 8b. (*). One new
item has been added to the agenda, please see item 5s. (**). Please note the
change in tonight's adjournment.
The City Council should note that Resolution numbers have been added to
the revised agenda.
It is recommerided that Council adopt the revised agenda printed on green
paper.
5h. Approval of Resolution No. 97-85 = Resolution Adopting P Schedule cif
Compensation for Certain Employees for 1998 and Establishing Certain Other
Benefits.
Please see the revised resolution adopting the schedule of salaries which
indicates vacancies within the Accountant and Police Chief positions.
5s. Authorization to o U ili TemporaW Accounting Assistance.
Please see that attached memo.
8b. Final Plat Approval = MendQta Technology Center:: Resolution No. 97-90.
Please see the attached corrected final plat for the Mendota Technology
Center.
10. Adjourn
Please note that Council should adjourn tonight's meeting to 7:00 p.m. on
January 6, 1998 for a Reception.
APPLICATION FOR BUILDING PERMIT
AND CERTIFICATE OF OCCUPANCY
CITY OF MENDOTA HEIGHTS
1101 VICTORIA CURVE
ST. PAUL, MINNESOTA 55118
(612) 452-1850
DIRECTIONS:
SPACES NUMBERED 1 THRU 13 MUST BE FRLED IN
BEFC)RE PERMIT IS ISSUED (Please Print or Type)
1. SITE ADDRESS
a 3 F wit re //1 ifk
3. LEGAL DESCRIPTION (Obtainable from Assessor's Office)
�. o TS
G oo n R i c if H'tef f �o L �O lu
PERMIT NUMBER
17
2. DATE
7-30700 - 0'30 - °?°-°`
PLAT NUMBER PARCEL NUMBER
A. OWNER (Name) (Address) (Tel. No.)
A1tty CAk IVSD ys?-006$
3. ARCHITECT (Name) (Address) (Tel. No.)
—"16. BUILDER
7. TYPE OF WORK
NEW CONSTRUCTION ❑
FINISH BASEMENT ❑
B. SIZE OF STRUCTURE
(Hai t)) / ( i th)� tD
11. COMPLETION DATE
14. TYPE OF CONSTCTION
17. FRONT YARD
FT. 12S
ALTERATIONS ❑ ADDITION
PORCH ❑ GARAGEX REROOF O
PLAN CHECK FEE _.
9 NO. OF STORIES
%'h'
aN J -T
ONING DISTRICT
12. PROPERTY DIMENSIONS
,."I
WIDTH O;),—VDEPTH�Op
LIST SUB -CONTRACTORS
15. PROPERTY AREA
SQ. FT. / 71
18. REAR YARD
FT. N /A
1. All Contractors & Sub -Contractors shall be
licensed in accordance with City requirements.
2. This permit may be revoked at any time
upon violation of any of the provisions of
the City building codes.
/70t 1
(Tel. No.)
❑ FINISH ATTIC ❑
RESIDE O MISC.
10. ESTIMATED COST
�s Sao.
13. NO. OF FAMILIES (If Applicable)
16. VALUATION
1+c cry — r i W V-
19.�-_IFT
EYrRO; , tV f�a®� HOVt
(T (2) FT. ET. (1 a 2) FT.
3. This permit is void if no work has been
done above the foundation for a period of
60 days from date of issuance. Construction
must comply to the zoning ordinance.
4. This permit doesn't authorize construction
of sewage disposal systems or electrical work.
ACKNOWLEDGEMENT AND SIGNATURE:
The undersigned hereby represents upon all of the penalties of late, for the purpose
of inducing the City of Mendota Heights to take the action herein requested, that al'l
statements herein are trite and that all work herein mentioned will be done in accordance
with the ordinances of the City of Mendota Heights, the Sta e f Minnesota, and rulings
of the Building Department. `� n r�161P_11_ 4 r`-4/I�r,�1 ,omAPPLICANT SIGNATUREBUILDING OFFICIAL APPROVAL
PERMIT FEE +
PLAN CHECK FEE _.
PENALTY FEE
&4s 5`gQ
STATE SURCHARGE
TOTAL FEE'^�J
ONING DISTRICT
FIRE ZONE
,."I
N��
LIST SUB -CONTRACTORS
OFFSTREET PARKING
SPACES REQ.
SPACES ON PLAN
LOADING BERTHS
NUMBER REQ.
NUMBER PROVIDED _
SIZE OF EACH
NUMBER OF OCCUPANTS OR SEATS
OCCUPANTS
SEATS
MATERIAL FILED WITH APPLICATION
SOIL TESTS ❑
PILING LOGS ❑
DRAINAGE PLAN O
PLANS & SPECS. ❑ SETS
SURVEY O COPIES
PROPOSED GRADE FOUNDATION
IN RELATION TO CURB OR CROWN
OF STREET:
CERTIFICATE OF OCCUPANCY ISSUED
DATE BY
DA
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City of
��; Mendota Heights
APPLICATION
OFFICE OF CITY CLERK
CENSE
/311SlPI A Al hereby apply for a license for the
term of One Year in the City of Mendota Heights, Dakota County,
State of Minnesota.
Firm Name 6 A CCD C.'
Address 750 _ /I/-mwq y //U
city Pnr���� ���/y��S State
Telephone Number - -" - �C Zip Code 5 5/2 0
Is this a fi=, corporation, partnership, nor private ownership?
(Circle One)
Officers: President 01W00
Vice President
Secretary �� Y - 6 /,D
Treasurer
Y;, ---/, ` /-'C, `
What cities have you been licensed in? r
The undersigned applicant makes this application pursuant to all
the laws of the State of Minnesota and such rules and regulations
of the Council of the City of Mendota Heights may from time to
time prescibe. -
Date of Application %� " l 61 7 Signed
For office reference only: c ;
Paid
License Fee Pai;, - 4 - `% Amount X'11 Receipt No. -) ' '4.
Bond Expires i� Certificate of Insurance Expires
1101 Victoria Curve -Mendota Heights, MN -55118 452.1850
-CERTIFICATION OF COitiIPLIANCE-
MINNESOTA WORKERS' COMPENSATIO\ LAW
Minnesota Statute, Section 176.132 requires every state and local licensing agencv to
withhold the issuance or renewal of a license or permit to operate a business or engage in
an activity in Minnesota until the applicant presents acceptable evidence of compliance
with the workers' compensation insurance coverage requirement of MSS Chapter 176.
The information required is: the name of the insurance company, the policy number, and
dates of coverage or the permit -to self -insure. This information will be collected by the
licensing agenev and retained in. their files. .
This information is required by law, and licenses and permits to operate a business may
not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if
this information is not provided or falsely stated, it may result in a 51,000 penalty assessed
against the applicant by the Commissioner of the Department of Labor and Industry.
Insurance Company Name:
(�� 'OT the insurance agent)
Polio• Number:
Dates of Coverage:
to
(or)
I am not required to have workers' compensation liability coverage because:
(X) I have no employees
( ) I am self insured (include permit to self -insure)
} I have no emplovees who are covered by the workers' compensation law (these include:
Spouse, Parents, Children and.certain farm employees)
I certify that the information provided above is accurate and complete and that a valid workers'
compensation policy will be kept in effect at all times as required by law.
Name:
(last. first. middle)
Doing Business As:
(business name if different than vour name)
Business Address:
Cite. State. Zia: Phone:(
Signature: Date:
whether such business is that of an individual, sole trader, firm,
partnership, or corporation, and the address where such business is
to be conducted. The City Clerk shall present such application to
the City Council, which body shall grant or deny the application.
In the event of the granting of the application, the City Clerk shall
issue a license in the form approved by the City Council.
SECTION 5. LICENSE FOR EACH LOCATION
A license shall permit the licensee to sell cigarettes, cigarette paper
or cigarette wrappers at retail at the one location specified in said
license, and a separate license shall be required for,each location.
SECTION 6. DISPLAY OF LICENSE
The license shall be displayed by the licensee in a prominent and
conspicuous place at the location so licensed.
SECTION 7. PENALTIES
Any person who shall violate any of the provisions of this ordinance
shall be guilty of a misdemeanor and shall be punished by a fine of
not to exceed $500.00, or by imprisonment in the county jail for a
period of not to exceed 90 days, or both.
(602) 2
ORDINANCE NO. 602
AN ORDINANCE LICENSING AND REGULATING THE SALE OF CIGARETTES
SECTION 1. DEFINITIONS
The following words and phrases as used in this ordinance shall, for
the purpose of this ordinance have the meanings respectively ascribed
to them in this ordinance except in those cases where the context
clearly indicates a different meaning:
1.1 Person - Every natural person, firm, partnership, association
or corporation.
1.2 Cigarette - Any roll for smoking made wholly or in part of
tobacco, the wrap or cover of which is made of paper or any
other substance or material except tobacco, irrespective of
the size or shape, and whether or not such tobacco is
flavored, adulterated, or mixed with any other ingredient.
1.3 Cigarette paper and'Cigarette wrapper - Any paper or other
substance or material, except tobacco, used as a wrapper or
cover for a cigarette, as herein defined.
1.4 Sale at retail - All sales except those where the merchandise
is sold for the purpose of resale by a person principally
engaged in selling merchandise for resale.
SECTION 2. LICENSE REQUIRED
No person shall sell or offer for sale at retail within the City of
Mendota Heights any cigarette, cigarette paper or cigarette wrappers,
or in any manner represent or hold himself out as one who sells or
offers for sale at retail any cigarettes, cigarette paper, or
cigarette wrappers, without having first obtained a license to do
so from the City Council of the City of Mendota Heights.
SECTION 3. FEE AND DURATION
The annual license fee shall be $12.00 and the license shall expire
on December 31st following following the date of its issuance.
SECTION 4. APPLICATION
Every person desiring to obtain such a license for the sale at retail
of cigarettes, cigarette paper or cigarette wrappers shall pay to the
City Clerk the annual license fee, and shall file with the City Clerk
an application in writing, which application must state the true name
of the applicant, the name under which he shall conduct his business.
(602) 1
No. 98-01 $12.00 77-1
CITY OF MENDOTA HEIGHTS
GENERAL CORPORATE LICENSE
STATE OF MINNESOTA
COUNTY OF DAKOTA
Whereas, Tobacco City has paid the sum of Twelve and no/100 dollars to the
Treasurer of said City as required by the Ordinances of said CITY OF MENDOTA
HEIGHTS, MN, AND complied with all the requirements of said Ordinances necessary for
obtaining this License:
Now Therefore, by Order of the City Council, and by virtue hereof, the said
Tobacco ftt is licensed and authorized to carry on the business of selling ciggrettes
for the period of One (1) year starting January 1, 1998 and ending December 31, 1998 subject
-- -to all -the -conditions -and -provisions -of said -Ordinances.-------------------- - --- - - - --- -
Given under my hand and the corporate seal of the CITY OF MENDOTA HEIGHTS,
MINN this Sixteenth day of December A.D. 1997.
Attest: Kathleen M. Swanson, CLERK , MAYOR
1101 Victoria Curve, Mendota Heights, Minnesota (612) 452-1850
CITY OF MENDOTA HEIGHTS
MEMO
November 26, 1997
TO: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Additional Information on the Proposed 1997 Budget
DISCUSSION
As discussed in the original Budget Message, the proposed 1998 Budget was
developed in keeping with the City's long standing commitment of providing basic
City services that are funded at adequate levels. The estimated revenues that
support the proposed expenditures are projected at realistic and conservative levels.
Adequate reserves are included -to protect against -fiscal -uncertainty. --Employee - - -- - -
benefits and salaries, a major portion of the budget, are maintained at competitive
and realistic levels.
Given the service level nature of local government, it is not unusual that
payroll accounts for the majority of the budget. Mendota Heights is fortunate to
have an energetic and dedicated work force that provides high quality services to
the community. "Personal Services" including salaries, pensions, insurance, FICA
and benefits account for approximately 63% of the Proposed Budget.
At the time of the budget preparation, cost -of -living salary adjustments were
proposed at a three percent increase effective January 1, 1998. This proposal was
based upon Consumer Price Index information available at the time for the 12 prior
months and was consistent with our understanding of cost -of -living adjustments in
neighboring metropolitan area cities.
The Consumer Price Index for the Twin Cities shows a 2.72 percent cost -of -
living increase for the period of June 1996 to June 1997, as reported in the
December 2, 1997 edition of the StarTribune. This represents the most recent
consumer price index for our region and is consistent with the data available earlier
during budget preparation. The national CPI for the period of October 1996 to
October 1997, the most current data available, indicates a 3.00 percent cost -of -
living increase. The two year rates are 6.09 percent and 5.1 percent respectfully.
A survey of twenty-three surrounding metropolitan municipalities indicated
that sixteen are adjusting salaries by three percent for cost -of -living effective
January 1, 1997. The highest cost of living adjustment is four percent and the
lowest is three percent.
1411131151
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 2, 1997
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota
Heights, Minnesota. - -
Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members
were present: Mayor Mertensotto; Councilmembers Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION
Councilmember Smith moved adoption of the amended agenda for
the meeting.
Councilmember Koch seconded the motion.
_Ayes: -5
Nays: 0
APPROVAL OF MINUTES
Councilmember Koch moved approval of the minutes of the
November 18, 1997 regular meeting as amended.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Huber moved approval of the consent calendar for the
December 2, 1997 meeting along with authorization for execution of any
necessary documents contained therein:
a.
Acknowledgment of the November 25 Planning Commission Minutes
b.
Acknowledgment of the Building Activity Report for November
c.
Acknowledge Receipt of Information regarding Parking Cars on City
Streets for Purpose of Sale
d.
Acknowledge the Cancellation of the December 23, 1997 Meeting of
the Planning Commission
Acknowledge Receipt of a Summary regarding Tilsen's Highland
Heights Project Complaints
f.
Authorization to Purchase, Program and Install a Mobile Data Terminal
in Squad Car for a cost not to exceed $5,200.
g.
Approval to Purchase Two Ford Victoria Squad Cars from Superior
Ford
under the state contract at a cost of $40,602.00.
h.
Adoption of Resolution No. 97-79, "RESOLUTION ACCEPTING
December 11, 1997
Page 2
WORK AND APPROVING FINAL PAYMENT FOR
IMPROVEMENT NO. 93, PROJECT NO. 1 AND IMPROVEMENT
NO. 96, PROJECT NO. 2."
i. Adoption of "RESOLUTION NO. 97-80, "RESOLUTION
CERTIFYING DELINQUENT SANITARY SEWER RENTAL
CHARGES TO THE DAKOTA COUNTY AUDITOR FOR
COLLECTION WITH REAL ESTATE TAXES."
j. Approval of the List of Contractors
Approval of the List of Claims dated December 2, 1997 and totaling
$197,192.32.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
TRUTH IN TAXATION HEARING
Council acknowledged receipt of the staff report regarding the 1998
budget.
City Treasurer Larry Shaughnessy reviewed overhead graphics for Council
and the audience.
The 1998 City budget is based on the levy adopted at the preliminary
hearing in September. This levy cannot be increased but can be decreased
until the budget is officially adopted.
The General Fund is primarily financed by taxes from the tax levy. A
review of proposed public expenditures for 1998 show an overall increase
of 2.4 percent for the General Fund over 1997. This includes a 3 percent
salary increase for employees and purchase of voting equipment for the
1998 election. Treasurer Shaughnessy reviewed the proposed in
department budgets.
The primary source of City revenue is: 1) the tax levy, 2) license fees,
3) permit and building fees, and 4) fines. The total projected revenue for
1998 is $3,331,000. The amount of the gross levy is $3,185,480, from
which are deducted local performance state and HACA aid. The proposed
net certified levy is $2,713,579. Last year the legislature appropriated an
increase of aid to be directly applied against the school portion of the tax
levy. This resulted in an increase in the City's portion of the tax levy from
17.9 percent in 1997 to 18.8 percent in 1998.
The tax levy is 67 percent of the total budget. The City receives neither
Local Government Aid (LGA) or a contribution from fiscal disparities.
Last year commercial and industrial properties contributed $1,971,000 to
December 11, 1997
Page 3
fiscal disparities.
There is a proposed contingency of $12,000 in the Police Department
personal services budget for a Community Service Officer. The new
Police Chief will decide whether that position is needed.
The three enterprise funds in the City are for engineering, sewer utility and
storm water utility. Enterprise funds are expected to be self -funding and
make a profit. Revenue is anticipated in the range of $450,000, and
expenses are expected to be close to that amount. The sewer fund has
operated for the past four years without a rate increase, and no increase is
expected in 1998.
Residents' tax statements will reflect the property value increase received
from the County Auditor last spring. If individual property values did not
increase more than 3 percent, City taxes to property owners are not
expected to increase. A portion (approximately one-third) of the surplus
— — announced -by -the -state -for -the current -biennium has already been applied — - — ---
to the school levy. Another one-third will be used for property tax relief.
At this time the County has not provided tax capacity information. The
tax capacity rates applied are based on the tax statements received.
Mayor Mertensotto asked the purpose of the indicated fund transfers
into the General Fund.
City Treasurer Shaughnessy stated that the general fund has financed
several smaller improvements over the years, and funds are transferred
into the general fund to pay for those improvements. Also, 1 percent of
improvement project costs is transferred into the General Fund for
administrative costs.
Mayor Mertensotto noted that the reduction of taxes on commercial and
industrial properties must be made up by residential property.
Councilmember Huber noted that the state credit only applies to
homesteads. The shift of the tax burden from commercial and industrial
properties to residential properties is a permanent change.
Mayor Mertensotto stated that he believes the $12,000 contingency in the
police budget for a community services officer should be dropped. He
stated that the matter will not be decided until there is a new police chief,
although he does not believe there is justification for the position. He
stated that if it is determined that a position should be funded, the legal
contingency amount could provide funding. He also disagreed with the
change in structure to pay the Fire Chief and Assistant Fire Chief for
December 11, 1997
Page 4
taking calls, as they are already paid separately for administrative duties.
Councilmember Krebsbach asked if there will be a decrease in the Legal
Contingency Fund by the amount planned for a community service
officer.
City Treasurer Shaughnessy responded that the decrease will come from
the police salary schedule. If it is needed, it will be taken from the Legal
Contingency Fund.
Mayor Mertensotto opened the hearing to public comment.
One resident stated that for three consecutive years the value of his house
has been raised over $2,000. He expressed his strong disagreement with
the fiscal disparities program which he believes amounts to "gouging."
The mil rate or value goes up, even if the economy goes down. It is not a
good assessment of property and is not truly used for the people.
Mayor Mertensotto stated that out of state travel costs are becoming
significant. He would like to see travel approved by the Council in
advance and requested that a resolution to this effect be placed on the
consent calendar for the December 16, 1997 meeting.
EQUIPMENT
CERTIFICATES
OF 1997
Council acknowledged receipt of the bids for the 1997 equipment
certificates.
City Treasurer Shaughnessy stated that the low bid for the $380,000
Equipment Certificates is from Cronin at 4.24 percent, which is the lowest
bid in a long time. He recommended awarding the bid to Cronin and
Company.
Councilmember Huber moved to adopt Resolution No. 97-81,
"RESOLUTION ACCEPTING BID ON THE SALE OF $380,000
GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1997,
PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR
THE PAYMENT THEREOF."
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
IMPROVEMENT
BONDS OF 1997
December 11, 1997
Page 5
Council acknowledged receipt of the bids for the 1997 improvement
bonds.
City Treasurer Shaughnessy stated that the low bid on the $1,900,000
Improvement Bonds is from Miller Johnson at 4.6 percent.
Councilmember Krebsbach moved to adopt Resolution No. 97-82,
"RESOLUTION ACCEPTING BID ON THE SALE OF $1,900,000
GENERAL OBLIGATION REFUNDING AND IMPROVEMENT
BONDS OF 1997, PROVIDING FOR THEIR ISSUANCE, PLEDGING
FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND
LEVYING A TAX FOR THE PAYMENT THEREOF."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
LONQUIST- --- -- ---------- - - ------------ -- ---
ESCROW RETURN
Council acknowledged receipt of A request from Ms. Cynthia Lonquist,
740 Mendota Heights Road, for a return of her escrow which was
submitted in accordance with the development agreement for Mendota
Woods. Council also acknowledged an associated report from the Public
Works Director.
Mayor Mertensotto stated that he agrees with the City Engineer's
recommendation that the escrow be held until the work is completed.
Councilmember Koch stated if Ms. Lonquist fulfilled all of the conditions
agreed upon, the City must release that money. She asked what work
needs to be completed.
Public Works Director Danielson responded that the front yard erodes into
the trail. No area has been established for a front yard. The City Engineer
believes a retaining wall should be put in to remedy the erosionThe
Building Inspector has requested that the weeds be mowed on numerous
occasions. A cut lawn would hold the soil in place. There is also a large
dead tree on her property that is a safety hazard.
Councilmember Koch stated that the work being required may cost more
than the $250 in the escrow account. She would like to see the City
approach Ms. Lonquist and explain what was signed in the development
agreement that she must abide by, and that there will be many future
problems if her yard continues to erode.
December 11, 1997
Page 6
CASE NO. 97-40
THOMPSON LOT
SIZE VARIANCE Council acknowledged receipt of an application for a lot size variance from
reports.
Ayes: 5
Nays: 0
CASE NO. 97-39
CARD - CUP
AND VARIANCE
Mr. Samuel K. Thompson at 709 Cheyenne Lane, along with staff
Administrative Assistant Hollister reported that the Planning Commission
voted unanimously to grant the variance on condition that the variance for
the smaller size lot does not automatically grant him any other setback
variance or special planning approval that may be needed when he submits
his housing plans. If further variances are needed, Mr. Thompson will
have to reapply for them.
Mayor Mertensotto asked how the size of the structure will be controlled
if a variance is allowed to the minimum lot size on what is already a
substandard lot.
Administrative Assistant Hollister responded that the setback
requirements applied to every other lot in the City will be adhered to with
the project. He noted that the address of the property will be 703
Cheyenne.
Councilmember Smith moved to approve Resolution No. 97-83, "A
RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT
SIZE TO CONSTRUCT A HOUSE AT 703 CHEYENNE LANE, " with
the express condition that the applicant not request further setback
variances as the lot continues to be developed.
Councilmember Huber seconded the motion.
Council acknowledged receipt of an application from Mr. Joseph Card,
644 Brookside Lane, for a Conditional Use Permit (CUP) and variance.
Council also acknowledged a written request from Mr. Card that the item
be postponed to the December 16, 1997 Council meeting.
Councilmember Smith moved to continue thr case and reschedule it for
the Council's regular meeting of December 16, 1997.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
CDBG
APPLICATION
December 11, 1997
Page 7
Council acknowledged receipt of the status report regarding use of the
Community Development Block Grant (CDBG) funding in 1997.
City Administrator Batchelder explained that the CDBG funding has been
used for a rehabilitation loan program in the City for the past four years. It
is a revolving loan program whereby loan payments made are paid back
into the program. In 1997, the City received $44,000 for this program.
The current balance is $25,700. If the same amount is received in 1998,
there will be approximately $69,700 available for housing rehabilitation.
In 1997, the City received one application for house rehabilitation funding.
In 1998, it is expected that approximately $35,000 to $40,000 will be used
from this fund for housing rehabilitation.
Councilmember Smith stated that the City made a commitment to
maintain quality condition of housing. She requested that a greater effort
be made in 1998 toward this goal and requested that this matter be
included in the Council's goal -setting session to see if there may be
another avenue to pursue.
Councilmember Smith moved to designate CDBG funds received in 1998
to the City's housing rehabilitation program.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
ACTIVITY CENTER
Council acknowledged receipt of a letter of request from Mr. Thomas
Weisbecker, member of the School Board and Finance and Facilities
Committee.
Mayor.Mertensotto explained that the proposed Sibley Activity Center
includes a senior community center, ice arena and other miscellaneous
uses. The Board of Education, in response to a petition from residents
requesting an activity center, is requesting a resolution of support from the
City. He stated that more detailed information is needed, and he would
like to see a copy of the petition.
Councilmember Smith stated that the material that has been presented is
confusing because the initial proposal was amended to include a pool and
other facilities, which would req4iuoort. She noted that the City
nb�- be_
sek� 5
COUNCIL
COMMENTS
December 11, 1997
Page 8
of Arden Hills is spending $25,000 a year to subsidize a community
center.
It was the consensus of the Council to seek more detailed information
about the proposed activity center before submitting a response to the
School Board.
Councilmember Huber stated that the Cable Commission has reported the
sale of Continental to US West. However, the telephone company cannot
own a cable franchise. US West is proposing a separate spin-off company
for cable operations and has submitted a petition to the Federal
Communication Commission (FCC) to grant them exclusion. A report
will be forthcoming from the Cable Commission Attorney and Charter and
US West advising the Commission of the current status of the franchise.
Councilmember Smith stated that she would like this matter discussed
further and requested a copy of the meeting tape for the Council's
information.
ADJOURN Councilmember Krebsbach moved to adjourn the meeting to executive
closed session to discuss labor negotiations.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:22 p.m.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION
DECEMBER 10, 1997 - MINUTES
The regular meeting of the Mendota Heights Airport Relations Commission was held
on Wednesday, December 10, 1997 in the City Hall Large Conference Room, 1 101
Victoria Curve. The meeting was called to order at 7:00 p.m. The following
members were present: Beaty, Des Roches, May and Leuman. Commissioner Stein
arrived late. Commissioners Gross and Fitzer were excused. Also present was City
Administrator Kevin Batchelder.
APPROVAL OF M-INUTES
Commissioner Des Roches moved to- approve the November 12, 1997 _
___ minutes. Commissioner Leuman seconded the motion. �� _ '�~ _.
AYES:5,
NAYS: 0
ENVIRONMENTAL ASSESSMENT FOR RUNWAY 4/22
Chair Beaty acknowledged the Metropolitan Airport Commission's response
to our letter submitted for the Environmental Assessment of the Proposed
Extension of Runway 4/22. Beaty inquired if any of the Commissioners or
Staff would be attending the December 18,, 1997 Public Hearing at MAC
offices. City Administrator Batchelder stated that he would attempt to go to
this meeting.
Chair Beaty stated his concern over MAC's comments on Item 9b which
state:
due to the litigation of the City of Richfield and the unknown outcome,
redistribution was not considered for the year 2001 analysis.
r
Cumulative impacts were considered for the year 2005 with a North
South Runway in place which precludes potential redistribution
benefits of Runway 4/22.
Chair Beaty stated that MAC is basically finding an easy way out of the
Richfield litigation by not redistributing any aircraft traffic on this runway
until Runway 17/35 is built. Chair Beaty stated he feels that air traffic could
AIRPORT RELATIONS COMrYIISSION iYIINGTES - DECEiVBER 10, 1997
be redistributed on Runway 4/22 during the time period in which Runway
17/35 is being constructed. Chair Beaty stated that MAC's projection for
runway completion in the year 2003 is very optimistic and he is not entirely
convinced that the runway will be up and running that soon. Chair Beaty
stated it would make sense to redistribute aircraft traffic now in order to
enjoy these benefits during the interim period of the construction of Runway
17/35.
REQUEST FOR VARIANCE TO
PARALLEL RUNWAY SEPARATION
Administrator Batcheldor stated that an initiative had been presented to the
Northern Dakota County Airport Relations Coalition (NDCARC) by the City of
Inver Grove Heights to request a Variance from FAA procedures for the 15
degree parallel runway separation requirement. Batchelder stated that, in
theory, a variance would allow for smaller separation requirements that
would provide an opportunity to better concentrate traffic within the air
corridor where more compatible land uses exist.
Batchelder stated the FAA requires 4,300 feet of separation for parallel
runways to operate independently. Batchelder stated FAA policy is to issue
operations using such runways, a heading 15 compass degrees apart during
simultaneous operations to avoid aircraft converging or drifting into one
another. Batchelder stated that runways at MSP are approximately 3,400
feet apart and, therefore, require this separation.
Chair Beaty stated that the request by Inver Grove Heights is consistent with
our attempts to narrow the industrial corridor. Commissioner Leuman stated
that the City should support this request.
Commissioner Des Roches inquired in whose name would the application for
the variance be submitted. Batchelder responded that all three Cities would
jointly submit a variance application to the FAA with a letter signed by the
Mayors of each City.
Commissioner Stein stated that his understanding was that the runway
separation of 4300 feet is not always strictly adhered to by the FAA because
not all parallel runways are exactly parallel. The commission recalled an old
discussion from 1994 in which parallel runways at other airports had been
studied by the City of Mendota Heights. The Commission directed Staff to
research this old study to determine if there were any FAA criteria regarding
separation of parallel runways.
AIRPORT RELATIOtYSCOiVilfISSIOlVilfliYUTES- DECEMBER 10, 1997
Commissioner Des Roches moved to recommended that City Council endorse
the a request to the FAA for a Variance to the 15 degree separation required
during simultaneous operations based on the distance of separation of the
parallel runways at MSP. Commissioner Leuman seconded the motion.
AYES: 5
NAYS: 0
TOWER TOUR
The Commission discussed scheduling a tour at the FAA's newly completed
Air Traffic Control Tour. The Commission directed Staff to schedule a
meeting in March or April when there is more daylight in the evening so that
a tour of the tower would provide better viewing of the aircraft operations.
Commissioner Beaty stated that the Commission may also want to consider
a tour of NATCO to visit Northwest Airlines Flight Simulation Instruction.
UPDATES
Commissioner Leuman reported on MASAC's vote regarding a by-law change
to increase the membership for the City of Mendota Heights from one seat to
two seats on MASAC. Leuman stated that by a 23-4 vote MASAC
recommended this change in their by-laws to the MAC. Commissioner
Leuman stated that the negative votes were from the City of St. Paul who
was not happy about their representation being decreased.
Administrator Batchelder presented a letter addressed to Mayor Mertensotto
from MAC requesting that the City appoint a second MASAC Commissioner
to fill this new seat. The Commission discussed their willingness to serve on
MASAC as a representative or as alternates. Commissioner Stein
volunteered to serve as MASAC representative and Commissioners Leuman,
Beaty and May volunteered to be alternates. Administrator Batchelder stated
the City Council would make appointments at their January 6, 1998
meeting.
Commissioner Leuman stated that MASAC announced that the ANOM
System would be up and running on December 18, 1997.
Administrator Batchelder stated that he had received a phone call from Mr.
Tom McElveen, of the Met Council, stating that Mendota Heights would
receive the awaited correspondence from the Met Council regarding Land
Use Compatibility in the policy noise zone areas by the end of the week.
AIRPORT RELATIONS COMMISSION IVINUTES - DECEMBER 10, 1997
ACKNOWLEDGE RECEIPT OF VARIOUS
REPORTS AND CORRESPONDENCE
The Commission acknowledged the MASAC Agenda for December 2, 1997
and the October 28, 1997 Minutes of MASAC. Chair Beaty noted that on
Page 2 of the October 28, 1997 MASAC Minutes Mr. Roy Fuhrman,
Technical Advisor, reports that the growth in Operations at the Airport was
up 3% from last year. Beaty stated that with 465,000 operations in 1996
an increase of 3% is approximately 478,000 annually. Chair Beaty
wondered how many years it would be before MAC would reach their
capacity of 640,000 operations given this growth rate. Commissioner Stein
noted that on Page 3 of the MASAC Minutes that the MAC is working with
the City of Minneapolis on Sound Abatement in respect to the operations of
the proposed North South Runway.
The Commission discussed the Airport Noise Report for November 7th and
November 21 st. The Commission felt these were valuable Newsletters and
provided a lot of substantive information that helps them analyze what other
communities across the nation are doing in respect to airport noise. The
Commission expressed their desire to continue the subscription for the
Airport Noise Report Newsletter.
The Commission reiterated their request that Staff contact the St. Thomas
Academy Science Class to determine if they can test waters in Mendota
Heights for aircraft emmissions related substances.
The Commission acknowledged the MASAC Operations Committee Agenda
for December 5, 1997.
The Commission acknowledged the MASAC Technical Advisor's Report for
October 1997.
The Commission acknowledged the Eagan ARC Agenda for December 9,
1997.
The Commission acknowledged the Part 150 Policy Advisory Committee
Agenda for October 30, 1997 and the June 17, 1997 Minutes.
The Commission requested that Staff provide an update on the Northern
Dakota County Airport Relations Coalition as a regular agenda item each
month.
AIRPORT RELATIONS CONfiVIISSION iti1INUTES - DECEMBER 10, 1997
5
Administrator Batchelder submitted a resignation letter from Commissioner
Bernie Gross due to his relocation to Phoenix, Arizona. The Commission
directed Administrator Batchelder to thank Commissioner Gross for his
dedication and commitment to the Airport Relations Commission and to
acknowledge is efforts and contributions.
ADJOURNMENT
There being no further business, the Airport Relations Commission moved to
adjourn its meeting at 8:45 p.m.
Respectfully submitted,
Kevin Batchelder
City Administrator
AIRPORT RELATIONS COMNISSION NIINUTES - DECEMBER 10, 1997
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT, NOVEMBER 1997
DAKOTA, INC.
Checking Account 1.05%
Savings Account 2.15%
C.D. Rep. 3.00%
Collateral - Bonds
Gov't. Guar.
CHEROKEE STATE BANK
Saving Cert. 2/16/97 @ 3.7%
Gov't. Guar.
FHL Bk 6.055% 2/20/2001 opt. 2/20/96 (Pru)
FHL Bk 7% 9/27/2005 opt. 9/27/97 (Pru)
FHL Bk 6.50% 9/19/2002 opt. 3/19/98 (Pru)
FHL Bk 7.05% (PRU)
LaSalle Bank CD 5 1/2/7% (Pru)
FHLMC 7.23% 12/97 FBS 6.40%
FNMA 6.18% 12/99-96 FBS
FHL Mtg. Pool 8% (PRU)
FMLC 7% Mtg. Pool (PRU) PAC
FMLC 6 1/4% Mtg. Pool (PRU)
FNMA 6% Pool (PRU)
FHLMC 6% Pool @ 101.4375 (PRU)
FNMA (1994 Pool) 6 1/2% (PRU)
U.S. Treasury Money Mkt. (FBS)
Gov't. Securities Fund .
Zero Cpn T.Bds 7.9% - 2011 (J&M)
TOTAL FUNDS AVAILABLE
Funds Available 12/31/96.,
Funds Available 11/3 / 6 9`7
Rates Money Market
Nov. Bank 2.85%
Nov. FBS 5.11%
LES:kkb
BALANCE
$18,030.93
$608.09
0.00
$18,639.02
$500,000.00
$100,000.00
$13,952.59
$13,952.59
$100,000.00
$498,675.00
$279,300.00
$249,687.50
$247,500.00
$95,000.00
$500,008.00
$500,008.00
$204,340.08
$388,260.90
$292,062.74
$503,180.34
$144,233.20
$176,940.44
$108,919.30
$1,002,470.00
$197,530.00
$5,202,868.51
$7,185,466.62
$5,097,184.75
COLLATERAL
$600,000.00
$100,000.00
Value 11/30/97(est)
$500,000.00
$280,000.00
$250,000.00
$250,000.00
$95,000.00
$502,000.00
$500,000.00
$207,000.00
$378,000.00
$285,000.00
$475,000.00
$127,000.00
$180,000.00
$645,000.00
$2,506,027.00
$339,000.00
MENDOTA HEIGHTS FIRE DEPARTMENT
NOVEMBER 1997 MONTHLY REPORT
FIRE CALLS NO. 97246 - 97273 NUMBER OF CALLS: 28
FIRE ALARMS DISPATCHED:
NUMBER
STRUCTURE CONTENTS MISC.
TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial
$36,600
Structure - MH Residential
1
$3,500 $20,000
$24,700
Structure - Contract Areas
$78,400
Vehicle - MH
$19,600
Vehicle - Contract Areas
$ 0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract
TOTAL MONTHLY FIRE LOSSES
MEDICAL
Assist
4
$0 $3,500 $20,000
Extrication
2
HAZARDOUS SITUATION
FIRE LOSS TOTALS MENDOTA HEIGHTS
Spills/Leaks
2
Arcing/Shorting
ALL FIRES, ALL AREAS (MONTH) $23,500
$159,300
Chemical
Power Line Down
MEND. HTS. ONLY STRUCT/CONTENTS _
$33,300
FALSE ALARM
_
Residential Malfunction
2
MEND. HTS. ONLY MISCELLANEOUS
$47,600
Commercial Malfunction
7
Unintentional - Commercial
5
MEND. HTS. TOTAL LOSS TO DATE
$80,900
Unintentional - Residential
4
Criminal
BILLING FOR SERVICES
GOOD INTENT
Smoke Scare
AGENCY THIS MONTH
TO DATE
Steam Mistaken for Smoke
Other
1
MN/DOT
$ 0
MUTUAL AID
MILW. RR
$ 0
CNRRR
$0
TOTAL CALLS
28
OTHERS:
$0
LOCATION OF FIRE ALARMS:
TO DATE
LAST YEAR
TOTALS: $ 0
$ 0
MENDOTA HEIGHTS 25
222
253
MENDOTA
4
6 FIRE MARSHAL'S TIME FOR MONTH
SUNFISH LAKE 3
23
19
LILYDALE
19
13 INSPECTIONS
47
OTHER
4
2
.
INVESTIGATIONS
TOTAL 28
272
293
RE-INSPECTION
WORK PERFORMED HOURS
TO DATE
LAST YEAR
MEETINGS
9
FIRE CALLS 442
4058.5
4872
MEETINGS 85
679
748.5 ADMINISTRATION
21
DRILLS 110
1555.5
1743.5
WEEKLY CLEAN-UP 27
338
353.5 SPECIAL PROJECTS
SPECIAL ACTIVITY 34
627.5
1 127
ADMINISTATIVE 0
0
0 TOTAL
77
FIRE MARSHAL 77
772.5
800
TOTALS 780
8031
9644.5 REMARKS: SEE OTHER SIDE FOR SYNOPSIS
I
SYNOPSIS
FIRE CALLS
November 1997
The Mendota Heights Fire Department responded to 28 calls for the month of
November, bringing our total number of calls to 273.
The most serious incident happened on November 6, when a fire started in the
kitchen of a house on Vicki Lane. The first police on the scene were able to control the
fire with their fire extinguishers. When we arrived we had some minor extensions with
some smoke damage. Estimated damages to the house were approximately $23,500.00
The remaining calls consisted of spill/leak calls in which the sprinkler heads
broke (unrelated to fire), false alarms and medicals.
GENERAL DEPARTMENT DRILL
The general drill was an exercise in the use of SCBA (self-contained breathing
apparatus) in search of a downed fire fighter. Using "fake" smoke we filled the water
tower storage area, and had to rescue a fully dressed 150 lb mannequin that was
supposed to be a fire fighter down.
Some of the objectives we accomplished were familiarization with our SCBA,
review of search and rescue techniques, use and importance of PASS device alarms,
and care and cleaning of our SCBA.
SQUAD CLEAN-UP DRILL
This training session enabled us to become more familiar with engine hook-up
from hydrants to stand pipe systems throughout the City.
The overall goal was to become more proficient in locating hydrants and fire
department connections, to use the best hose lays in hooking up, to become more
familiar with the necessary fittings and adapters needed and to be able to perform the
evolution more rapidly.
FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR NOVEMBER 1997
Other Hours Include Specie Drill Public Relations
and Station Tours
CALLS FOR MONTH
FIRE
FIRE
FIRE
PERCENT
ICLEAN
MONTHLY
GEN OFFICER
SQUAD
FALL
OTHER
28
CALLS
CALL
CALLS
ATTENDED
UP
DRILL
MTG
MTG
DRILL
CLEANUP
YEAR TO DATE
ATT'D
HOURSI
ATT'D
THIS
1
2
2
4
2
273
MONTH
MONTH
YEAR
YEAR
HOURS
HOURS
HRS.
HOURS
HOURS
HOURS
HOURS
Adrian, Ed
12
12
117
43%
1
2
2
2
Bell Dave
6 1
6
10
Blaeser, Bret
16
17
154
56%
1
2
2
2
1.5
Boland John
11
13
25
Burrows, Rich
11
12
28
23
8%
Coates Aaron
10
10
89
330/6
1
2
2
2
3
Connolly, Marcus
13
15
119
44%
1
2
2
2
Coonan, Mike
4
4
96
35%
1
2
Dreelan David
6
6
122
45%
1
2
2
4
2
1
1.5
Dreelan, Paul
15
16
111
1 41%
1
1 2
2
2
Galezewski Rob
11
12
33
Husnik, Ted
9
9
75
27%
1
2
2
Katzenmaier, Ron
17
18
171
63%
1
2
2
2
2
Kaufmann, Mark—
- 11--13T
—132
-----48% --
--
Kilburg, Jim
13
13
135
491/6
2
2
1
2
2
Kingsley, Roy
15
16
145
53%
1
2
2
4
2
2
Kiarkowski Wait
8
8
58
21%
1
2
2
2
Lapakko,John
19
21
173
63%
2
2
2
.eros Jamie
15
16
135
4996
2
2
2
4
2
Lowe, Geor a
15
17
179
66%
1
4
2
4
2
Maczko John
1 11
12
108
409'0
2
2
4
6
Maczko Mike
11
12
121
44%
1
1 2
2
2
3
McNamara Randy
9
10
68
25%
1
2 1
2
2
Nelson, Gerald Jr.
15
16
132
48%
1
2
2
2
2
0
0°/G
Olund, Tom
8
8
88
329'0
2
Oster, Tim
7 1
8
116
42%
2
2
2
Paton, Dave
8
8
93
341/6
1
2 1
2
2
Perron Jim
11
12
117
43%
4
Perron Kevin
8
8
99
369/6
1
2
2
Shields, Tom
7
7
92
34%
1
2
2
2
3
S 'erven, Gordy
17
18
156
57%
1
2
2
2
2
Stein, Keith
19
21
189
690/6
2
9
Stenhau , Jeff
13
15
112'
41%
1
2
2
4
2
Weinzettel, Tom
6
6
78
1 29%
1
2
2
2
Weisenbur. er Ken
16
17
140
51%
1
2
2
2
6
Wiicziek, Tracy
5
6
18
Zwirn Dick
4
4
78
291%
TOTAL FOR MONTH
442
TOTAL ATTENDED
27
27
27.5
8
25
1
13
TOTAL FOR YEAR
4058.5
TOTAL MAN HOURS
27
54
55
30
50
6
39
THIS MONTH
LAST MONTH
LAST YEAR
NIS MON
AVE. RUNS/MAN I
1 12.88
XXXXXXXXXX
XXXXXXXXX
AVE. MEN/RUN
14.71
14.96
15.58
AVE % FOR YEAR
45.04 1
1 44.94 1
53.87
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
5845 Blaine Avenue
11UL !nver Grove Heights, Minnesota 55076-1401
4 612/450-9891 Fax 612/450-9429 e-mail: ndcty@mtn.org
MEMORANDU
TO: City Mayors and Administrators/Clerks:
- Inver Grove Heights
- Lilydale
- Mendota
- Mendota Heights
- South St. Paul
- Sunfish Lake
- West St. Paul
FROM: Jodie Miller, Executive Dire t
DATE: December 10, 1997
k
RE: NDC4 MEETING MINUTES & AGENDA
Enclosed are copies of the UNAPPROVED minutes from the December 3rd Executive
Committee meeting. Please distribute copies of these minutes to your city council members.
Also enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday,
December 17, 1997. This meeting will be cablecast live on Channel 18 at 5:30 p.m. and
replayed on Friday, December 26, 1997, at 1:00 p.m. and 8:00 p.m.
All city officials are invited to attend this meeting or contact myself (450-9891) or your
city's commission representatives to find out more about the sale to Charter and US West's
petition to the FCC.
Encs.
NDC4
UNAPPROVED
Northern Dakota County Cable Communications Commission
Executive Committee Meeting and Public Hearing
December 3, 1997
1. Call to Order - The December 3, 1997 NDC4 Executive Committee meetingwas called to
order by Chair Tourville at 5:35 p.m.
Members Present: Lucille Collins, Mike Sokol and George Tourville. Other
Commissioners Present: Joe Conlon (5:55 p.m.), James Levy, Jim Sullivan, and James
---------Zacharski.-Members- Absent: -John Huber and -Jodelle Ista.-Others Present: -David----------- -- - -
Barford - Senior Vice President, Curt Shaw - General Counsel and Senior Vice -President,
and Paul Estes - Assistant to the President (Charter Communications); John Gibbs - Legal
Counsel (Media One); Steve Baker - Engineer, Cheryl Olmstead - Customer Service
Manager, and Fran Zeuli - General Manager (Continental Cablevision); and Joy Curtin and
Jodie Miller (NDC4 staff.
2. Adopt Agenda - Motion 12-3-97-1 to adopt the Agenda was made by M. Sokol, seconded
by L. Collins, and unanimously carried.
3. List of Claims - The List of Claims for 11/6/97 - 12/3/97 was presented for approval. J.
Miller pointed out that a check has been cut to Moss & Barnett in payment for legal fees
accrued through November 26, 1997 concerning the system transfer. Continental will be
sent an invoice for this amount and the cost of running -an ad for the Public Hearing in a
local paper. The invoice indicates this is only a partial payment since the transfer is not yet
complete. M. Sokol inquired whether the legal fees statements had been reviewed by the
Executive Director and suggested these statements be included for Continental's review.
J. Miller responded that she had reviewed the invoices. Illation 12-3-97-2 to approve the
List of Claims for 11/6/97 - 12/3/97 was made by M. Sokol, seconded by L. Collins, and
unanimously carried.
4. Public Hearing - Chair Tourville announced that the Public Hearing regarding the transfer
of Continental Cablevision to Charter Communications remains open.
5. US West Petition to FCC - Legal Counsel B. Grogan reported that since the November
Commission meeting he has continued the review of Charter's legal, technical and financial
qualifications to own and operate the NDC system. A report analyzing these three areas
NDC4 Commission Meeting
December 3, 1997
Unapproved
and providing a recommendation has been distributed at this evening's meeting. In mid-
November, US West announced a split of their Media One cable operations from their
telephone operations, and as a result, petitioned the FCC to extend the time period for
divesting their Twin Cities properties. Last year NDC4 submitted comments regarding US
West's petition to the FCC and must decide whether to do so again during this comment
period. Representatives from both Charter Communications and Media One were present
to describe and comment on the recent developments in this transfer. Media One
representatives were invited to speak first.
J. Gibbs, Media One Legal Counsel explained the rationale for US West splitting the
Media One cable television operation from its telephone operation. It is anticipated that
the Media One Group will become a wholly independent group by mid -year 1998 with its
own board of directors and with no common control or ownership, thereby enabling it to
legally own and operate a cable system in the Twin Cities area. The FCC has been
petitioned by Media One to extend the deadline of having to divest itself of the Twin
Cities properties in order to accommodate establishing this new company. If the FCC
grants the extension, Media One intends to exercise a provision in the agreement with
Charter Communications to cancel the transfer. Media One is also requesting NDC4 to
continue with its review and approval of the transfer. The FCC has put the request for
extension on public notice, thereby opening the issue to public comment. The deadline for
commenting is December 10 and the deadline for replying to comments is December 20.
It is likely the FCC will make a determination regarding the petition sometime in January.
J. Gibbs suggested that NDC4 may wish to file factual comments with the FCC regarding
concerns NDC4 had raised last year pertaining to Media One's investment in the system
and retention of the management team as an interim owner.
Charter Communications representatives were invited to speak. David Barford, Senior
Vice -President - Charter Communications introduced himself, Curt Shaw, General
Counsel, and Paul Estes, Assistant to the President. D. Barford stated that Charter is fully
committed to continuing with the transfer process and closing the deal. Curt Shaw
explained that the contract negotiated between US West and Charter has a provision
which restricts parties from discussing its terms. He reviewed some concerns regarding
US West's petition for an extension to the FCC, citing that in order for an independent
cable company to be established, US West will have to obtain an IRS ruling, approval of
shareholders, and approval of local franchising authorities. As stated in the petition, if
these processes cannot be completed by the end of July 1998, US West will deposit the
systems into the hands of a trustee that is not known at this time. He cautioned that based
on past experience in this transfer, US West may change its corporate strategy again. He
claimed that Charter, on the other hand, although newer to people because it is a privately
held company, is financially strong and committed to being a good and innovative cable
operator in Minnesota. He urged the Commission to continue its review process and
approve the transfer, in which case the transaction can close in mid to late January.
Charter will vigorously oppose the US West petition at the FCC. He further remarked
that if NDC4 decides to file something with the FCC and it were favorable to Charter,
they would be grateful.
Page - 2
NDC4 Commission Meeting
December 3, 1997
Unapproved
Chair Tourville opened the floor to questions regarding the filing of the petition. J. Levy
inquired if it were probable the FCC could grant the extension requested by petition and
ultimately deny Media One ownership. J. Gibbs clarified that the only matter of concern
to the FCC via this petition is whether or not to grant an extension on the time Media One
has in which to divest itself of its Twin Cities cable operations. The question of approving
the transfer is ultimately made by local franchising authorities, although there are some
matters as mentioned earlier that must be dealt with such as obtaining shareholder
approval and IRS approval. There should not be a problem getting IRS approval since
this is a common type of split. All major stockholders have been consulted and are in
favor of the split. NDC4 will have opportunity to conduct a technical, financial and legal
review of the newly formed company when the split occurs. C. Shaw stated that Charter
agrees that the FCC's only issue concerns whether to further extend the time and not
identify the final owner. He suggested that Charter does not believe the requested IRS
ruling and local franchise approval are necessarily certain to happen.
B. Grogan clarified that if the FCC rules favorably concerning the time extension and
Media One spins off, NDC4 will follow the procedures concerning a transfer review, since
state-law-views-the-spin-off-as-a-fundamental-corporate-change.—J Gibbs added that -he is -
in total agreement that state statute and franchise provisions are applicable and
information concerning this will be available after the termination of the Charter
agreement.
B. Grogan explained that because NDC4 submitted comments on this proceeding last
year, it is essentially a party to the proceeding this time and has until December 10, 1997
to file public comments. At the meeting tonight, NDC4 must decide whether to comment
or not, and if so what comments to make. Discussion continued on various issues
involved with submitting comments and/or reply comments. M. Sokol stated that he
thought the decision should be made by the full Commission and not just the Executive
Committee. He raised concern that should NDC4 make comments against either Charter
or US West, that negative feelings would prevail sometime later if that entity becomes the
operator. G. Tourville suggested that NDC4 may wish to file only reply comments. C.
Shaw assured the group that Charter will file comments by December 10 and because
NDC4 was initially a party to the proceeding, they will have opportunity to file reply
comments due by December 20.
B. Grogan reminded the -group of the time frames given the deadlines and time needed in
which to meet to make a decision. A question was raised on how the FCC would interpret
no comment being made by the franchising authority J. Miller reminded Commissioners
that last year NDC4 complained about not being a part of the process. She suggested that
comments could be made that local franchising authorities should be involved in process
and that a full transfer review of the new entity would take place, and that whatever is
decided should be made by the full FCC Commission and not just the Cable Bureau. J.
Zacharski inquired whether the FCC may disregard reply comments unless they address
comments filed on December 10. B. Grogan stated that because this is such a unique
proceeding it is likely they will read and consider all comments made during the reply
period. Both J Gibbs and C. Shaw stated that if NDC4 decides to file comments adverse
Page - 3
NDC4 Commission Meeting
December 3, 1997
Unapproved
to their respective companies, and they end up being the operator, there would be no
grudges held and the NDC system would be treated equally as well as other systems they
own. J. Zacharski expressed his concern that because NDC4 was a party to the initial
process that it is important to reserve its rights and comments should be filed this time. C.
Shaw stated that he believed no comment on this matter would favor Media One in the
eyes of the FCC.
It was the consensus of those present that the Commission should meet again after
receiving the comments filed by other parties before December 10 in order to decide
whether to file reply comments and what they should be. Meeting dates and times were
discussed. Motion 12-3-97-3 to convene a full Commission meeting on Wednesday,
December 17 at 5:30 p.m. to review comments and make a determination regarding filing
reply comments was made by M. Sokol, seconded by L. Collins, and unanimously carried.
Legal Counsels from Media One and Charter agreed to forward copies of comments filed
by December 10 to B. Grogan as soon as possible.
6. Legal Counsel Report - B. Grogan reported that a report on the legal, technical, and
financial qualifications of Charter Communications to operate the NDC system is
complete. The report has been distributed as a meeting handout and all Commissioners
should review it and talk with their respective cities concerning the findings and be
prepared to vote on the transfer at the January 7, 1998, meeting. A draft resolution was
also included for consideration. B. Grogan provided a brief synopsis of each section of
the report and answered questions. In general, it is the opinion of Legal Counsel that
Charter Communications is legally, technically, and financially qualified to own and
operate the system and NDC4 may grant conditional approval. All parties involved have
agreed to the January 7, 1998, date for taking a vote on the transfer. Other issues that are
conditions of approval include reimbursement of costs associated with the transfer,
extension of service to certain portions of southern and western Inver Grove Heights
which has been agreed to by Charter, an analysis of the system rebuild being conducted by
NDC4 after January 7, 1998, and the costs reimbursed by Charter, and honoring whatever
agreement is reached concerning relocation of Master Control, currently under
negotiation. B. Grogan reported that he sent his draft report to both J. Gibbs and Charter
and has spoken with them regarding minor revisions to make the report factually accurate.
The Franchise Fee Review report covering 1994 - 1996 was briefly reviewed. Data that
was provided mathematically reconciled with gross revenues. However, because detailed
financial information was not reviewed, it is the recommendation of Legal Counsel that
NDC4 acknowledge and accept the report but reserve its rights to conduct a more detailed
review and/or seek reimbursement in the future.
7. Continental Report - F. Zeuli reported that through November Continental has been on
time for its "on time guarantee" 98.73% through November. C. Olmstead reported that
service levels are at 92.09%. Cable Monthly is a new cable guide that is now available for
$2.50 per month to subscribers. The 750 MHz rebuild has been completed ahead of
schedule. S. Baker reported that he is conducting high speed data tests with a 10
Page - 4
NDC4 Commission Meeting
December 3, 1997
Unapproved
megabyte full duplex modem. The Coventry subdivision in southern Inver Grove Heights
is now connected with cable.
8. Staff Report -
A) Executive Director: J. Miller thanked Continental for helping with hockey coverage
that is being planned for tournaments in late December and early January. Some coverage
may appear on Metro Channel 6. Continental has donated cable and technical assistance
to make permanent hookups at Wakota Arena possible.
A live NDCTV promotional show will be on Channel 33 at 6:30 p.m. tomorrow evening.
9. Unfinished Business - No unfinished business was brought up for discussion.
10. New Business - No new business was brought up for discussion.
11. Adjournment - Motion 12-3-97-4 to adjourn the meeting was made by M. Sokol and
seconded by L. Collins. The meeting adjourned at approximately 7:20 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 5
I
a
t
Northern Dakota County Cable Communications Commission
FULL COMMISSION MEETING
Wednesday, December 17, 1997 - 5:30 p.m.
Studio A
5845 Blaine Avenue
Inver Grove Heights, MN 55076 ;
NDC4 meetings are televised LIVE on NDC Channel 18.
Viewers may call 451-7834 with citizen comments.
1 MEETING
AGENDA"'..:
INFORMATION ''• DIS
CUSSION ACTION "..;
_ � , '1{{•- •i n , .'i .jr •}'�:'» ,•1'" ti:, �. q'��y'�• _ L�•i t'Ir,-.' • .. - - - ` .1.7•�'_i�
TO'ORDER/PLEDGE-
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'2. ADOPT AGENDA':,. Tr_.:Y;• 5 �,
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A)`Approve.,l1/5/97 Full Commission Minutes
`• ,��;x.• •'1p+r"Fr.e�,�r,:}; ,? 'Falx >`w�:;�'.••�:-
' >' `Approve 12/3/97 Executive Committee 1Vlinutes _
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B) Approve List of 'lawns:12/4/97J4j _12/17/97
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`:4r?'f..a'•`Si'LF -YS•: o$s'?` py,u.}K`"^•., �,f <i. • "�A,i>'-.!•
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. •y, .k�i`• `'.1iv �'aa :t.%. +�."ra.rt.i % X X
4. US WEST PETITION TO FCC ' 'r'=5:45r°' X
Y..T.
5. PUBLIC HEARING 6:15 ° : X X
iT
SALE OF CONTINENTAL TO CHARTER COMMUNICATIONS
(Cable subscribers and residents of NDC are invited to comment or question on the impact of
transferring the cable franchise from Continental to Charter.)
6. STAFF REPORT 6:45 X X X
7. UNFINISHED BLISINESS 6:50
8. NEW BUSINESS 6:55
A) Annual Appreciation Banquet
9. ADJOURN 7:00 X
r.
TO:
FROM:
DATE:
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
5845 Blaine Avenue
Inver Grove Heights. Minnesota 55076-1.:.1101
612/450-9891 FAX 612/40-9429 TDD 612!52-067
s
City Mayors and Administrators/Clerks-
- Inver Grove Heights
- Lilydale
- Mendota
- Mendota Heights
- South St. Paul
- Sunfish Lake
- West St. Paul
Jodie Miller, Executive Dir
26 November 1997
RE: NDC4 MEETING MINUTES & AGENDA
Enclosed is a copy of the Agenda for the next Executive Committee of the Cable
Commission meeting on Wednesday, December 3, 1997. The next meeting of the full
Commission will be Wednesday, January 7, 1998, at 7 p.m., and will be cablecast live on
Channel 18.
Because of a recent "new twist" in Continental's request to transfer its Franchise to
L.. 3_ n i_._-. +: 7 1...1_.7 f.�- !�_.�- w.f •,, L-_'- _+: _: __.'+L
Charter L Vi�llttut7ll ctLtGl1J, 1 have included Elie Coni tlission'LvIer bu or's it cettinS r1lemic, WIL11
a status report on the situation. Any city officials who would like more information
should feel free to contact me at 450-9891.
Also enclosed are the UNAPPROVED minutes from the November 5, 1997, full
commission meeting.
Encs
Northern Dakota County Cable Communications Commission
EXECUTIVE COMMITTEE MEETING
Wednesday, December 3, 1997 - 5:30 p.m.
Studio A
5845 Blaine Avenue
Inver Grove Heights, MN 55076
NDC4 meetings are open to the public.
MEETING AGENDA
1. CALL TOO D .Rrnr ZDGF 5:30 X
2. ADOPT AGENDA _ X
3. LIST OF CLAIMS 11/6/97 to IZ/3/97- 5:35 X X X
4. PUBLI A tiv - 5.40 ` X X
;SALE OF CONTINENTAL TO CHARTER COMMUNICATIONS
(Cable subscribers and'residents of NDC are invited to "comment or question on the impact of
transferring the'cable franchise from Continental to Charter.)
5. US WEST PETITION TO FCC 5:45 X X X
A) Legal Counsel Update - Brian Grogan
B) Staff Presentation of Draft Comments - Jodie Miller
C) US West/Media One/Continental Comments (10 min)
D) Charter Communications Comments (10 min)
6. L.EGAI.. COiaNSEL FPORT 6:15 X X
A) Transfer to Charter
B) Franchise Fee Audit
7. STAFF REPORT 6:40 X X X
1► I w a. I of 12 0.3 [ UMZM mm
10. NEW BUSINESS
11. ADJOURN 7:15 X
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
I IUL 5845 Blaine Avenue
4 Inver Grove Heights. Minnesota 55076-1401
612/450-9891 FAX 612/450-9429 TDD 612/552-9675
MEMORANDI
TO: NDC4 Commission
FROM: Jodie Miller, Executive Direclil���
DATE: , 26 November 1997
RE: NDC4 EXECUTIVE COMM=E MEETING -- DECEMBER 3, 1997
The next meeting of the NDC4 Executive Committee will be held on Wednesday, December 3, 1997 at
5:30 p.m. in Studio A. A major change has occurred in the sale of Continental Cablevision to Charter
Communications. As you know, a few weeks ago US West, current owner of Continental Cablevision,
announced plans to split apart its telephone operations (US West Communications) from its cable TV
operation (Media One).
Now US West has filed a request with the FCC to allow Media One to retain ownership of the MN
cable properties that it had been ordered to divest. US West states that once its telephone and cable TV
operations are separated into distinct corporations with separate Boards of Directors, personnel,
finances, etc., the cross ownership issue will disappear.
While the FCC is considering US West's request, US West/Media One/Continental has stated its
preference that NDC4 continue our review of the transfer to Charter Communications. If the FCC does
not grant US West's request, they intend to close the sale to Charter. Charter has indicated their
opinion that the January 7, 1998, deadline for NDC4 to act on the transfer request remains in force.
Representatives from both Continental (US West) and Charter plan to attend our December 3rd meeting
to update us and answer questions. Brian Grogan will present his report and recommendations to date
regarding the transfer to Charter.
All Commissioners are invited to participate in this informational meeting. Executive Committee
members please call the office (450-9891) if you are unable to attend.
You will find the following items enclosed:
• Agenda
• November 4 letter from John Gibbs extending NDC4's review deadline to Jan. 7, 1998
November 12 letter from Fran Zeuli announcing US West telephone/cable TV split
• November 14 letter from John Gibbs with copy of US West FCC filing
• November 14 letter from Charter's CEO to the FCC
• November 17 letter from Charter's legal counsel to the FCC
• November 20 letter from US West to the FCC
• November 21 Public Notice that FCC will accept comments on US West's petition until
December 10, 1997
• November 22 clipping from .51. Pau! Pioneer Press
ROAD CONSTRUCTION UPDATE: The Highway 52 exit to Upper 55th street AND the Upper
55th and Blaine intersection are now open for traffic!
UPCOMING MEETINGS:
NDC4 Executive Committee meeting: December 29th or 30th, 5:30 p.m. (to be determined.)
NDC4 Full Commission meeting: January 7, 1998, 7:00 p.m.
NDCTV Annual Meeting and 10th Anniversary Celebration: January 26, 1998, 7:00 p.m.
Encs.
cc: Brian Grogan, NCD4 Legal Counsel
Dave Jaede, NDCTV President
Judy Skeie-Voss, NDC4 Government Coordinator
Fran Zeuli, Continental Cablevision General Manager
NOC4
UNAPPROVED
Northern Dakota County Cable Communications Commission
Full Commission Meeting and Public Hearing
November 5, 1997
1. Call to Order - The November 5, 1997 NDC4 Commission meeting was called to order by
Chair Tourville at 7:00 p.m. The Pledge of Allegiance was recited
Members Present: Lucille Collins, Joe Conlon, Henry Hovey, John Huber (7:10 p.m.),
Richard Jackson, Mike Sokol, Jim Sullivan, George Tourville, Richard Vitelli, and James
Zacharski. _Members Absent: Alvin Boelter, Jodelle Ista, Laurence Jung, and James Levy.
Others Present: Steve Baker - Engineer, Cheryl Olmstead - Customer Service Manager _ ___._ __
(Continental Cablevision); and Joy Curtin and Jodie Miller (NDC4 star.
2. Adopt Agenda - Motion 11-5-97-1 to adopt the Agenda was made by H. Hovey, seconded
by L. Collins, and unanimously carried.
3. Consent Agenda -
A) Approve Minutes: The September 3, 1997 NDC4 Commission Meeting minutes
were presented for approval. Motion I1-5-97-2 to approve the September 3, 1997 full
Commission Meeting minutes was made by H. Hovey, seconded by J. Conlon, and
unanimously carried.
The October 8, 1997 Executive Committee Meeting minutes were presented for approval.
Motion 11-1-9'-3 to approve the October 8, 1997 Executive Committee Meeting minutes
was made by M. Sokol, seconded by J. Sullivan, and unanimously carried.
B) Approve List of Claims: The List of Claims for 10/9/97 - 11/5/97 was presented
for approval. Motion 11-5-97-4 to approve the List of Claims for 10/9/97 - 11/5/97 was
made by R. Vitelli, seconded by H. Hovey, and unanimously carried.
4. Public Hearing - Chair Tourville announced that the Public Hearing regarding the transfer
of Continental Cablevision to Charter Communications remains open. He invited the
public to address their comments and/or questions via telephone or in person to
Commissioners.
B. Grogan provided an update on activities since the last meeting concerning the transfer .
All of the information requested by Legal Counsel from Charter and Media One is now in
NDC4 Commission Meeting
November 5, 1997
Unapproved
hand (the last piece being received one hour before this meeting). Legal Counsel recently
attended a meeting at Continental offices with representatives from Charter and their
major. financiers. Because of the delay in receiving requested information, a request was
made of Charter and Continental to extend the deadline NDC4 has on which to take action
on this sale to January 7, 1998. The requested extension has been granted. It is
anticipated that Legal Counsel will complete its report by the end of November and be
able to submit it along with a recommendation to Commissioners in time for discussion at
the December Executive Committee meeting. Member cities will have an opportunity to
review and discuss the matter throughout December, and the final vote taken by the
Commission at its January 7, 1998 meeting.
R. Vitelli inquired about the effect of a negative vote. B. Grogan responded that if the
Commission voted to deny the transfer, Media One would remain the operator until they
sought a judicial review to overturn the decision or until a new buyer was found. Chair
Tourville pointed out that denial of the transfer must be based on Charter's financial,
technical, and legal qualifications to operate the system. B. Grogan noted that other
affected Twin Cities franchising authorities will be voting on Charter's request before
NDC4 will. J. Miller pointed out that included with the handouts is a letter from US
West's senior attorney regarding the no -compete agreement, as well as copies of
information from various web sites concerning the recent split between US West and
Media One.
B. Grogan suggested that the Commission may wish to invite representatives and elected
officials from the member cities to a meeting to review and discuss the system transfer.
The idea was briefly discussed and staff was directed to find out when city representatives
would be available to attend a full Commission meeting in December. Chair Tourville
announced that the public can call in their questions and comments to staff at the NDC4
office. Motion 11-5-97-5 to continue the Public Hearing regarding the sale of Continental
to Charter Communications was made by R. Vitelli, seconded by J. Huber, and
unanimously carried.
5. Staff Report -
A) Executive Director: J. Miller reported that she signed a bond cancellation notice
upon advice from Legal Counsel. The initial bond was canceled after US West purchased
Continental, and a replacement bond has been issued.
A proposal to conduct the NDC4 1997 Annual Financial Audit has been submitted by
Tautges, Redpath & Co., Ltd. The $150 increase falls within the 1998 budget and staff
recommended acceptance. Motion 11-5-97-6 to accept the Tautges, Redpath & Co., Ltd.
proposal to conduct the 1997 Financial Audit for $4,950 was made by R. Vitelli, seconded
by L. Collins, and unanimously carried.
An RFP will be issued for NDC4 Legal Counsel. The Commission may anticipate
appointing its Legal Counsel at the January meeting.
Page - 2
NDC4 Commission Meeting
November 5, 1997
Unapproved
Commissioners are invited to participate on a joint committee with NDCTV to compile a
viewer survey. A draft of the survey prepared by Decision Resources, Inc. will be
reviewed by the Commission for final review before the survey is taken. Anyone
interested in serving on the committee should contact staff.
The interactive bulletin board channel system has been officially named "PAL" (Public
Announcement Line).
In past years, the Executive Committee has convened just before the end of the year in
order to approve and sign checks. It is anticipated the same procedure will be requested
for this year. Chair Tourville indicated it would not be a problem to gather the Executive
committee for such a purpose.
The NDCTV membership drive is underway and has incorporated the 10th Anniversary of
NDCTV into the slogan. Although the celebration will extend throughout the year, a
special event will take place in January at the NDCTV Annual meeting.
_ Discussions are_still underway_concerning_moving-Master_Control_playback-operations to
the NDCTV facility. Staff is hopeful that the matter can be negotiated by the January
Commission meeting.
The NDCTV 1998 draft budget was presented for approval. J. Miller explained that the
process took longer than usual because of the need to establish a plan for achieving the
high revenue goals. Some line items have been placed in a contingency column and will be
looked at again during a mid -year review process. J. Miller reviewed line items and
answered questions. J. Zacharsky inquired about the reason for the anticipated1997
revenue shortfall. J. Miller responded that for the most part, staff has not been able to
undertake selling program sponsorships in addition to regular duties. Consideration is
being given to hiring a commissioned person to sell sponsorships needed to reach revenue
goals. Motion 11-5-97-7 to approve the draft 1998 NDCTV budget was made by H.
Hovey, seconded by L. Collins, and unanimously carried.
6. Legal Counsel Report - B. Grogan reported that a sensitive issue concerning program
content has been raised and should not be discussed in detail at an open meeting. He
described the matter in general terms and advised that rules are in place and staff is
properly following up on the incident.
7. Citizen Comments - Chair Tourville invited comments and questions from the viewing
audience.
8. Continental Report - C. Olmstead reviewed the 1997 Quarterly Customer Standards
Report, noting that there were a few weather-related problem in July, but that otherwise
everything is going well. J. Huber observed that although there was a surge in phone calls
in September, all the standards were met.
Page - 3
NDC4 Commission Meeting
November 5, 1997
Unapproved
S. Baker reported that Continental is close to making an announcement regarding
completion of the NDC rebuild. The system is in process of being proofed by means of an
electronic sweep and line testing. The rebuild, in general, was very successful. B. Grogan
added that in his experience with other systems, there are usually many problems
associated with street restoration and property matters that come before city councils
whenever rebuilds occur. R. Jackson commented that his recent personal experience with
Continental's customer service was very satisfactory and that the technical quality of the
system is very good.
J. Miller noted that during the rebuild process when fiber drops were installed at the city
halls, some temporary installations were made to allow the equipment to function. She
requested that when the rebuild is complete Continental technicians visit each of the four
city hall chambers to make permanent arrangements for the equipment. S. Baker
concurred that there is work at the city halls to complete. NDC4 staff was directed to
follow up with Continental on the matter. J. Miller inquired whether there is a specific
date at which Phase IV will be complete. S. Baker responded that for the most part the
Phase IV (Inver Grove Heights area) should be receiving the improved channel line-up of
the new fiber rebuild now.
J. Miller inquired about progress regarding testing of cable modems for internet use. S.
Baker responded that Continental is involved with testing some modems and networks and
Charter is very much interested in the concept. J. Conlon inquired about whether
standards have been set for modems. S. Baker responded that the industry is still looking
for a standard with the ultimate goal of having modems available for sale at local retail
stores.
9. Unfinished Business - No unfinished business was brought up for discussion.
10. New Business - No new business was brought up for discussion.
11. Adjournment - Motion 11-5-97-8 to adjourn the meeting was made by H. Hovey and
seconded by R. Vitelli. The meeting adjourned at approximately 8:00 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 4
CITY OF MENDOTA HEIGHTS
MEM
December 11, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Administrator.--)
Subject: Resignation of Airport Relations Commissioner
DISCUSSION
Mr. Bernie Gross is relocating to the Phoenix area and has submitted a letter of
resignation from his position on the Airport Relations Commission. (Please see attached letter
of resignation.)
- Mr. -Gross -has -served -on -the -Commission -since -he -was appointed -to fill -the unexpired ~-
term of Mr. James Olin on December 5, 1995. Mr. Gross' term of appointment expires on
January 31, 1998. The Airports Relations Commission, at their meeting on December 10,
1997, thanked Mr. Gross for his two years of service and acknowledged the contributions that
he made to the Commission and the City over the last two years.
--City Council should acknowledge Mr. Gross' contributions to the City and direct staff
to begin the recruitment of a new Commissioner. Because of more recent appointments in
early 1997, there may be several candidates for the Commission who may still have an interest
in serving. If Council so desires, these candidates will be contacted about their interest.
If Council so desires, they should acknowledge Mr. Gross for his service to the City
and direct staff to begin the recruitment for a new Commissioner, including contacting
previous candidates who were interested in early 1997.
BERME GROSS
December 8, 1997
Mr. Charles Mertensotto, Mayor
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mayor Mertensotto,
1723 Suno►r 1 acre
lvterk"a Heights. ,%./.V 551 IX
Phare 612 681 163.5
Fax 6124542-40
e-mail. hagross u ix. netcom. com
I will be relocating to Phoenix, Arizona in December and request that you please accept my
resignation from the Airport Commission effective immediately.
I have enjoyed my tenure with the commission and have found it both a challenge and rewarding.
Sincerely yours, I-)
Bernie Gross
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE N0. 4s9_290
AN ORDINANCE ESTABLISHING THE AIRPORT RELATIONS COMMISSIONS
The City Council of the City of Mendota Heights does hereby ordain
as follows:
SECTION 1 ESTABLISHMENT OF COMMISSION
The Airport Relations Commission for the City of Mendota Heights is
hereby established.
SECTION 2 COMPOSITION
The Airport Relations Commission shall consist of seven residents
of the City, appointed by the Mayor with the consent of the
majority of the members of the City Council. The me_mbe:rs shall
serve terms of three years, except for those initially appointed to
the Commission. In order to ensure that terms will be staggered
two original appointees shall serve terms of one year, two shall
serve terms of two years and three shall serve terms of three
years. At the organizational meeting of the Airport Relations
Commission held in February of each year, the Airport Relations
Commission shall elect a Chairperson and a Vice Chairperson from
among its members. The terms of such officers shall be for a
period of one year.
SECTION 3 DUTIES AND POWERS
The Airport Relations Commission shall advise the City Council on
matters pertaining to airport noise and operations at Minneapolis -
St. Paul International Airport. The Airport Relations Commission
is expected to monitor proposed rules, procedures and programs
which impact the air noise situation within the City, and to make
recommendations to the City Council regarding strategies to
mitigate the City's "air noise exposure. The Airport Relations
Commission shall have such other duties and powers as granted by
the City Council from time to time.
E
SECTION 4 MEETINGS
The Airport Relations Commission shall hold at least one meeting
each month at a time regularly established and approved by the City
Council and shall hold such special meetings as may be necessary
for the conduct of its business. The Commission shall adopt rules
for the transaction of business and shall keep a record of its
proceedings, which record shall be maintained as a public record.
The Commission shall transmit to the City Council a true and
correct copy of all of its minutes, recommendations and other
reports.
SECTION 5 COMPENSATION
The members of the Airport Relations Commission shall serve -without
compensation but shall have the right to be reimbursed for expenses
incurred in the performance of their duties.
SECTION 6 .VACANCIES
Any of the following may cause the office of a member to become
vacated: -
6.1 Death;
6.2 Disability or failure to serve, as shown by failure
to attend four regularly scheduled meetings in any
one calendar year;
6.3 Relocation of residence from the City;
6.4 Resignation in writing.
Vacancies shall be filled as soon as possible for the unexpired
portion of the term by the Mayor with the consent of the majority
of the members of the City Council.
SECTION 7 This Ordinance shall be in full force and effect
from after its publication according to law.
Enacted and ordained into an ordinance this twentieth day of April,
1993.
CITY COUZvCIL
CITY OF M-ENDOTA HEIGHTS
By — '(Z" —
Charles E. Mertensotto
ATTEST: Mayor
K thleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
COMMISSION APPOINTMENTS/TERMS OF EXPIRATIONS
PLANNING COMMISSION
NAME
Mike Dwyer, Chair
Ultan Duggan, Vice
Sharon Koll
Daniel Tilsen
Joe Betlej*
Bernie Friel
Sally Lorberbaum*
ADDRESS
558 Stone Road
2331 Copperfield Drive
633 Sunset Lane
1653 S. Victoria
613 Winston Court
750 Mohican Lane
1715 Lansford Lane
PARRS AND RECREATION COMMISSION
NAME ADDRESS.
Dick Spicer, Chair
835
Park Place Drive
Ann- Nor tea—Vice
f600-Diaie
Road
Carol Damberg
975
Caren Road
Steven Kleinglass
1029
Marie Avenue
Stan Linnell*
1407
Cherry Hill Road
Dave Libra*
737
Knollwood Lane
John Liberacki*
2470
Morson Circle
AIRPORT RELATIONS COMMISSION
NAME ADDRESS
Scott Beaty, Chair
Ellsworth Stein, Vice
Gregg Fitzer
Cynthia Surrisi*
Joseph Leuman
James Olin
David Olsen
800 Havenview Court
1296 Lakeview Avenue
2213 Copperfield Drive
1875 Warrior Drive
895 Mendakota Court
1140 Orchard Place
1254 Culligan Lane
APPOINTED EXPIRED
9-20-88
2-1-86
2-1-89
4-4-89
7-19-94
2-19-91
10-4-94
1-31-97
1-31-98
1-31-98
1-31-97
1-31--%
1-31-97
1-31-98
APPOINTED EXPIREQ
6-20-88_
8-a-92..
5-21-85
11-29-89
2-2-93
2-2-93
2-7-95
1-31-96
1-31-98
1-31-97
1-31-97
1-31-97
1-31-98
1-31-56
• ; � s�• ray
8-3-93
8-3-93
8-3-93
6-7-94
8-3-93
8-3-93
8-3-93
1-31-97
1-31-96
1-31-96
1-31-98
1-31-97
1-31-98
1-31-97
* Joe Betlej - Filled un-e_-cpired term of Carolyn Dreelan.
* Sally Lorberbaum - Filled un -expired term of Stephen Hunter
* Ann Norton - Filled izi-e--%mired term of Michael Lundeen
* Stan Linnell - Filled un -expired term of Stephen ?punter
* Dave Libra - Filled un -expired term of John Huber f
* John Liberacki - Filled un -expired tern of Vicki Katz
* Cynthia Surrisi - Filled un -expired term of William Healey
Updated: February 9, 1995
CITY OF MENDOTA HEIGHTS
MEMO
December 10, 1997
TO: Mayor, City Council, City Administrator
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Preparation for Ordinance Recodification
INFORMATION
Council has authorized distribution of Requests for Proposals for Ordinance
Recodification. I hope to be prepared to bring a recommendation on an award of contract to
_
Council -for -approval in early.February._Ordinances_and_ordinance_amendments adopted after—
execution of the contract will not be included within the recodification process, but will instead
be handled as updates to the code.
Because we would like to have the code as current as possible, any housekeeping or new
ordinances should be considered and adopted by Council no later than the first meeting in
February. If you are aware of any errors in existing ordinances or any omissions, I would
appreciate your input. Staff members have been keeping a list of code sections that need
correction, including a correction in the accessory structure section of the Zoning Ordinance. I
will prepare an amending ordinance within the next -few weeks to address the errors and
omissions that are given to me by Council and staff.
ACTION REQUIRED
No action is required. This is for Council information and input.
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 97 -
RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1998 AND ESTABLISHING CERTAIN OTHER BENEFITS
WHEREAS, the City Council has adopted a grade -and -step pay system for certain full-time
employees of the City; and
WHEREAS, based upon recommendation of the City Administrator, Council has determined
the appropriate placement of each City position in a Grade, and the incumbent employee in a Step; and
WHEREAS, it is also necessary to set salaries for certain part-time employees, as well as fringe
benefits for full-time employees.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota as follows:
1. That the following schedule of salaries be implemented effective January 1, 1998 for full-
time employees:
Employee
Position
Saar
Amy Grim
Clerk/Receptionist
$23,640
Rita Dolan
Clerk/Receptionist
26,064
Linda Shipton
Secretary
30,244
Rebecca Trost
Secretary
31,756
Nancy Bauer
Secretary
31,756
Kimberlee Blaeser
Senior Secretary
33,364
Curt Wimpee'
Engineering I
35,972
Patrick Hollister
Administrative Assistant
38,738
Accountant
Guy Kullander
Engineering Technician
42,708
Tom Knuth
Sr. Engineering Technician
45,992
Richard Gill
Code Enforcement Officer
45,992
Paul Berg
Code Enforcement Officer
45,992
Marc Mogan
Civil Engineer III
49,528
Tom Olund
Public Works Supervisor
53,337
Larrie Mack
Police Sergeant
54,670
Donn Anderson
Police Sergeant
545670
Jeff Piotraschke
Police Sergeant
49,587
Kathleen Swanson
City Clerk
60,345
Police Chief
James Danielson
Public Works Director
62,687
Kevin Batchelder
City Administrator
633760
2. That the following schedule of salaries be implemented effective January 1, 1998 for
part-time employees and temporary full-time employees:
Employ
Position
Sa ar
John Maczko
Fire Chief
$ 7,470
James Kilburg
Assistant Fire Chief
4,320
Willilam Bird
Recreation Programmer
12,737
Lambert Derks
Custodian
10.25/hr.
3. That the following hourly rate of pay for volunteer firefighters be implemented
effective January 1, 1998:
0 - 1 years
$6.75
1- 5 years
7.50
5 years and over
8.00
Captain
9.00
Detail duty rate
7.25
4. That the city's maximum contribution toward insurance premiums for full-time
employees not covered by a labor contract shall be $393.75 per month for 1998.
Adopted by the City Council of the City of Mendota Heights this 16th day of December, 1997.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
N
CITY OF MENDOTA HEIGHTS
MEMO
December 5, 1997
TO: Mayor and City Council
FROM: Kathleen M. SwansoniuS
City Clerk
SUBJECT: 1998 Non Union Salary Adjustments
DISCUSSION
The upcoming Council meeting is the last meeting of 1997, and in order to allow
budgeted pay adjustments to occur in a timely fashion, they should be acted upon on December
16. An updated pay matrix, which reflects a three percent increase for the city's non-union
_--employees,-is attached. _Also attached please fmd-a_resolution-establishing-all-non-union pay —
adjustments in accordance with the matrix.
The resolution also sets forth the city's insurance premium contribution at $393.25 per
month (5% increase over 1997). The amount of the city contribution is commensurate with that
provided by other Twin Cities suburban communities.
The resolution also provides for a three percent increase in wages paid to part time and
temporary employees. Wage rates for fire department personnel were not increased for 1998 due
to their desire to instead receive a nominal increase in the city's contribution to the Fire Relief
Association.
RECOMMENDATION
Consistent with the 1998 Budget, I recommend that the attached resolutions establishing
employee pay and insurance contributions for 1998 be approved.
ACTION REQUIRED
If Council concurs in the recommendation, it should first pass a motion adopting
Resolution No. 97-_, "A RESOLUTION AMENDING PAY CLASSIFICTION SCHEDULE
FOR NON ORGANIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL
ADJUSTMENT FOR 1998," followed by a motion adopting Resolution No. 97-_, "A
RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1998 AND ESTABLISHING CERTAIN OTHER BENEFITS."
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 97 -
RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON -ORGANIZED
EMPLOYEES TO REFLECT A 3% ANNUAL ADJUSTMENT FOR 1998
WHEREAS, by Resolution No. 87-67, the City Council has adopted a grade -and -step pay
system for non -organized City employees that meets the requirements of MSA 471.991, the Pay
Equity Act; and
WHEREAS, -it is necessary to annually review the pay matrix that is a part of that system
for adjustment in recognition of increases in cost of living; and
WHEREAS, based on salary trends in the metropolitan area suburbs, and budgeted funds
available, a 3% adjustment in the matrix for 1998 is reasonable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights that the Grade and Step Pay Matrix attached hereto as Appendix A, is hereby adopted as
Appendix A of Resolution No. 87-67, adopted by the City Council on July 7, 1987.
Adopted by the City Council of the City of Mendota Heights this 16th day of December, 1997.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
1998 Pay Matrix
CITY OF MENDOTA HEIGHTS
EMPLOYEE POSITION PLACEMENT AND PAY CLASSIFICATION PLAN
RESOLUTION NO. 97 -
GRADE
A
B
C
D
E
I
Clerk -Receptionist
21,443
22,515
23,640
24,822
26,064
II
21,979
23,078
24,231
25,443
26,715
III
22,528
23,654
24,837
26,079
27,383
IV
23,091
24,246
25,458
26,731
28,068
V
23,669
24,852
26,095
27,399
28,769
VI
24,260
25,473
26,747
28,084
29,489
VII
24,867
26,110
27,416
28,786
30,226
VIII
25,488
26,763
28,101
29,506
30,981
IX
Secretary
26,126
27,432
28,804
30,244
31,756
X
26,779
28,118
29,524
31,000
32,550
XI
Senior Secretary
27,448
28,821
30,262
31,775
33,364
XII
28,134
29,541
31,018
32,569
34,198
XIII
28,838
30,280
31,794
33,383
35,053
XIV
29,559
31,037
32,589
34,218
35,929
--XV-
30;298-31-18
1'3
3 3,4 03
3 5,07 3
36,827
XVI
Accountant
31,055
32,608
34,238
35,950
37,748
XVII
31,832
33,423.
35,094
36,849
38,691
XVIII
Civil Engineer 1
32,627
34,259
35,972
37,770
39,659
XIX
33,443
35,115
36,871
38,715
40,650
XX
34,279
35,993
37,793
39,682
41,666
XXI
Eng. Tech., Admin. Assistant
35,136
36,893
38,738
40,674
42,708
XXII
36,015
37,815
39,706
41,691
43,776
XXIII
36,915
38,761
40,699
42,734
44,870
XXIV
Sr. Engrg. Tech, Code
37,838
39,730
41,716
43,802
45,992
Enforcement Officer
XXV
38,784
40,723
42,759
44,897
47,142
XXVI
39,753
41,741
43,828
46,019
48,320
XXVII
Civil Engineer III
40,747
42,784
44,924
47,170
49,528
XXVI11
41,766
43,854
46,047
48,349
50,767
XXIX
42,810
44,950
47,198
49,558
52,036
XXX
Public Works Supervisor
43,880
46,074
48,378
50,797
53,337
XXXI
Sergeant
44,977
47,226
49,587
52,067
54,670
XXXII
46,102
48,407
50,827
53,368
56,037
XXXIII
47,254
49,617
52,098
54,703
57,438
XXXIV
48,435
50,857
53,400
56,070
58,874
XXXV
Police Chief, City Clerk,
49,646
52,129
54,735
57,472
60,345
Public Works Director
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 97 -
RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1998 AND ESTABLISHING CERTAIN OTHER BENEFITS
WHEREAS, the City Council has adopted a grade -and -step pay system for certain full-time
employees of the City; and
WHEREAS, based upon recommendation of the City Administrator, Council has determined
the appropriate placement of each City position in a Grade, and the incumbent employee in a Step; and
WHEREAS, it is also necessary to set salaries for certain part-time employees, as well as fringe
benefits for full-time employees.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota as follows:
1. That the following schedule of salaries be implemented effective January 1, 1998 for full-
time employees:
Emplovee
Position
Salary
Amy Griffin
Clerk/Receptionist
$23,640
Rita Dolan
Clerk/Receptionist
26,064
Linda Shipton
Secretary
30,244
Rebecca Trost
Secretary
31,756
Nancy Bauer
Secretary
31,756
Kimberlee Blaeser
Senior Secretary
33,364
Curt Wimpee'
Engineering I
35,972
Patrick Hollister
Administrative Assistant
38,738
Shirley Shannon
Accountant
37,748
Guy Kullander
Engineering Technician
42,708
Tom Knuth
Sr. Engineering Technician
45,992
Richard Gill
Code Enforcement Officer
45,992
Paul Berg
Code Enforcement Officer
45,992
Marc Mogan
Civil Engineer III
49,528
Tom Olund
Public Works Supervisor
53,337
Larrie Mack
Police Sergeant
54,670
Donn Anderson
Police Sergeant
54,670
Jeff Piotraschke
Police Sergeant
49,587
Kathleen Swanson
City Clerk
60,345
Dennis Delmont
Police Chief
62,687
James Danielson
Public Works Director
62,687
Kevin Batchelder
City Administrator
63,760
2. That the following schedule of salaries be implemented effective January 1, 1998 for
part-time employees and temporary full-time employees:
Emplovee
Position
Salary
John Maczko
Fire Chief
7,470
James Kilburg
Assistant Fire Chief
4,320
Willilam Bird
- Recreation Programmer
12,737
Lambert Derks
Custodian
10.25/hr.
3. That the following hourly rate of pay for volunteer firefighters be implemented
effective January 1, 1998:
0 - 1 years
$6.75
1:- 5 years
7.50
5 years and over
8.00
Captain
9.00
Detail duty rate
7.25
4. That the city's maximum contribution toward insurance premiums for full-time
employees not covered by a labor contract shall be $393.75 per month for 1998.
Adopted by the City Council of the City of Mendota Heights this 16th day of December, 1997.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
To: Mayor and City Council 1,
15
From: Kevin Batchelder, City Admuustrrator
Subject: * Acknowledge Communication from Dakota County League of Governments
DISCUSSION
The Dakota County League of Governments is again hosting a meeting scheduled for
December 17, 1997. to host a guest speaker, Mr. Mike Freeman, Hennepin County Attorney,
and to discuss legislative issues. This group has hosted a legislative breakfast with area
legislators in the last several years and they desire any input that each city in Dakota County
---A" - may have—.A-list-of possible legislative issues has been attached, -as well as.-last-year's-----------
legislative
s;last-year's---------legislative issues.
The date for the legislative breakfast has not yet been set.
►L CI t _ • �I�� 1
There is no action required, this item has been placed on the consent agenda for your
information. '
11/26/1997 14:31 6124500703
PAGE 01
F,c,k,xL7:--TRANSM1SS10N
CITY OF S. ST. PAUL
Douglas S. Reeder
City Administrator
12&Third Avenue North
S. St. Paul MN 53075
612-450-8702
Fix: 450-8703
To: City AdministratorsMfanagbrs Date: November 26, 1997
Brandt Richards=
Fax #: Pages: 7, including this cover sheet.
From: D. Reeder
Subject: DAKOTA COUNTY LEAGUE OF GOVERNMENTS MEETING NOTICE
& AGENVA
Believe it or not!11 We are trying igilinto rekindle the excitement in this organization.
Please help us to get as many: -cities --sis"'-possible represented by someone (manager or council) to
rekindle this organization-and-'t'o hav,s good discussion on legislative issues for this year. I
have attached last yeah issues.and sothe ideas for this year. if no one can attend from your city,
please get any ideas your city'his to ane by December 17.
Thanks for your help. If youlwe any questions, please call me at 450-8702.
DSR/ja
Dakota County
League of
Governments
I,;( " ;0 wcst I i1shway 55
1 iISM19S, MI) .55033
012-4.N-4418 FaX 612-438-4405
AGENDA
Dakota-Cbiinty League of Governments
Inver GrovP_ Heights City Hall - 8150 Barbara Avenue
December 17, 1997
7:00 PM
Call to Order & fntrd&�;tioh -'President Gaylord
2. City of Inver Grove H -Velcome and City. Update
3. Treasurer's Report
4 Presentation by NEke'Eriemm. Hennepin County Attorney
5. Legislative Breakfast - Determine Major Issues to Discuss with Dakota County Legislative
Delegation
6. Set Next Meeting
7. Adjourn 9:00 p.m.
vNirrJast 1040%
PrIntaO nn Re"clq4 papv
11i1b/1957 14:31 6124500703
POSSIBLE EGISLATIVE ISSUES FOR DISCUSSION
l . Deregulation of Electric Utilities - Affect on Consumer and City Property Values
2 Legislative Authorizing -,Impact- Tees for Cities
3. Right -of -Way Legislaiion
4. Transportation Issues,
5. Sales Tax on Cities
G Repeal of Levy Limits
7. Transportation Issues.
8. Housing Issues
9. Personnel Issues
10. Ethics Reform
rout ri.,
Dakota County
League of
Governments
I'00 W(_�;r Highway 55 f' \;�� y!
I I:isnngs. Mn 55033
612-438-4418 Fax 612-438-4405 L_ I Q. i '' !.�1
�.-
_ _
Transportation System Finikriciing
The Dakota County league of Govidmments supports the establishment of a new funding source for
highways and transit and a revision *of the formula by which funding is distributed among counties. The new
funding source must be efficient, egditabte; progressive, and have a stable revenue source to meet current
and future transportation needs.
The League of Governments supports either of two funding alternatives, but prefers Option 2 because it
better provides the revenue necessary to accommodate existing and future transportation needs.
Option 1 A combination of a fiv$ cant indexed gas tax increase and a 1/2 percent increase in the metro
area sales tax. (A five cent per gallon increase in the gasoline tax will raise approximately
-- -- —
-------,$120 million statewide in -1996, a -1/2 -percent increase .in_the_ genera I sales tax is- projected -to
raise $154 million per year in -the Metropolitan Area.)
Option 2. A combination of cresting a constitutionally dedicated fund for transportation through
extending the sales t= to gasoline on a statewide basis and increasing the metropolitan area
sales tax by -1/2 percent (The extension of the state's 6.5 percent sales tax to gasoline sales
statewide would raise an estimated $183 million per year; a 1/2 percent increase in the general
sales tax Is projected.to raise $154 million per year in the Metropolitan Area. The 112 percent
sales tax increase is intended to fund transit improvements in the Metropolitan Area.
Further, the League of Govemmerits supports (1) a change In the distribution formula for County State Aid
Highways which bases aid on lane-rNles rather than centerline miles and which increases the emphasis in the
distribution formula on vehicles r4&t8*red in the county and the number of lane miles of road, (2) a change in
the State Aid Screening Board which w: ould increase representation of metropolitan counties, and (3) the
requirement that any proposal to increase revenue for transportation (e.g., a gasoline tax increase) be done
only in conjunction with an acceptable amendment to the distribution formula.
With respect to specific issues and projects affecting Dakota County and its local communities, the League of
Governments (1) supports work in. cooperation with the Suburban Joint Powers Transit organization to
maintain support for transit opt -out systems ($.g., MVTA), (2) supports efforts to achieve the earliest feasible
reconstruction of the 1-494 Wakota Bridge through continued cooperation with the Wakota Bridge Coalition,
and (3) opposes a toil facility at the Wakota Bridge.
revised
December 1996
P, aa;a n N<cyrleu Parer
11!26/1997 14:31 6124508703 PAGE 05
Dakota County
League of
Governments
1590 Wesr Highway 55
lia::rings. Mn 55033
612-1.38-4418 Fax 612-439-4405
��-.rri ��•�..cri
Local Government Funding
The Dakota County League'of Governments recognized the need to make reforms in the property tax
system, as there have been numerous changes throughout the last several years. Any proposals considered
by the State Legislature must be cons3dered'on the basis of their impact on individual communities and
counties, not necessarily attempting t& saiefy balance property tax burdens on a regional or statewide level.
Property tax burdens among taxpayks li ft.ln neighboring jurisdictions which provide similar services must
be kept within reasonable limits. Slgrtiflcantihifts that increase the property tax disparities in tax burdens
among cities, counties, or -regions v�itSn the State must not occur. Furthermore, if there are any significant
changes in the property tax system, they must be phased in s that cities and counties can adequately plan for
any needed adjustments.
The Dakota County League of Goveinments•is opposed to any changes in State policy regarding the funding
of public education that would resultiri HACA.and/or LGA being converted•to school aid. This may force
Dakota County and the cities in Dakota Cou,ity to dramatically increase their a property taxes in order to
maintain sufficient operating revenuers: Due. to constant political and fiscal pressure to increase resources
available to schools, there Is no guntee that conversion of the HACA and/or LGA to school aid would
result in permanent reductions in school tevies or have at least a neutral impact on the taxes paid by local
taxpayers,
The Dakota County League of Gave.'ir5ment reiterates these positions as they relate to the Report of the
Brandl-Weber Property Tax and Stgiie•Afds•Tesm. The Brandl-Weber report proposes several options to tax
reform. The Dakota County League -of Govekhments recognizes that there is merit to property tax reform but
maintains that local governments must'still be -able to provide and fund the services their constituents
demand. Reform may include substituting -local option taxes to replace some of the existing property tax levy.
The Dakota County League of Governments is opposed to any plan which would prohibit local governments
from raising the necessary revenues'to provide the services that their constituents demand.
revised
December. 1996
r'na et; do •I..ecycleu ?aper
Dakota County
League of
Governments
1590 WeSc Highway 55
113scings, Mn 55033
612-438-4418 Fax 612-438-4405
Ethics Reform
Ethics legislative reform continues twU�an ii'nportant legislative Issue. The Dakota County League of
Governments supports ethic3 legial.0'. h"thatt is equitable in scope and allows flexibility In the food and
beverage allocation so that local bfWils can -attend community events without the fear of criminal
prosecution.
Legislation offered in 1995 to modify ;and address some of the ambiguities in the law proposed changes,
most of which were based on recorn*ndatlons made by the Dakota County League of Governments. The
proposed legislation Included the following:,
Definitions Clarified
o "Interested person" means pir-a representative of a person or association that has a direct
financial interest in the decisiarls-thkihe local officials receiving a gift from the person is authorized to
make. Language has been. ad�ed-ddf'fning that the "direct" financial interest of the giver must be of
greater consequence to the giver than 'the general interest of all residents or taxpayers of the official's
governmental unit.
o The definition of "Local Offld01"' is:axpatlded by stating that an 'official' must have authority to make,
or to vote on as a member 4fri goveming body, final recommendations and decisions regarding the
expenditure of investment ofpublic irmoney.
o "Exceptions" have been ex#ji�ided ta,ellow a cup of coffee or other refreshments not to exceed 55 in
value given by a host a3 part of ottiiMy office hospitality or at a reception or meeting away from the
recipient's place of work, and'.reasonnble travel and lodging expenses within the state paid by an
organization when the reclpieinit attends to make a speech or answer questions as part of a program.
Prohibitions Clarified
o The prohibitions on gifts would -not -apply if the gift is given by a national or multistate organization, of
which the state or a political subdivision of the state is a member, to participants in a conference,
seminar, meeting, or trip sp6nisored by. that organization if an equivalent gift is given or offered to all
participants, even if the gift16 the 1=1 official was made possible by a give to the organization by an
interested person. A section*as added clarifying that if an employer makes a gift in the normal
course of employment to an employee, and a local official benefits from the gift as a member of the
employee's family, the prohibitions do not apply.
The bill received committee hearings'and was passed by the Senate on a vote of 46-20 on May 9, 1995. A
companion bill in the House -did not.4et passed out of committee for a floor vote by the full body; thus, there
were no changes made to the law in -the 109&95 session.
revised
December 1996
Printaa an Rwitiea ?seer
11/26/1997 14:31 6124500703 PAGE 07
Dakota County
League of
Governments
1'.,'70 west Highway 55
11asr.ings. Mn 55033
612-438-4418 Fax 612.438-4405
Housing Block Grant
The Dakota County League of Gov.bfitnen6 supports legislation which establishes a Minnesota Housing
Finance Agency "block grant" program to. mplace the current multiple program, multiple application process
for obtaining housing funds. 081ock grants" Would be based on a formula which considers the -needs and
housing goals of a given area.
Since 1988, the Minnesota Legislature -lids approximately doubled the state General Fund appropriation for
housing. The appropriation has grown from about $24.0 million in 1988 to around $48,0 million currently.
The funds are appropriated primarily to the,Mtnnesota Housing Finance Agency (MHFA) for about 30
programs. The appropriations for these programs range from $70,000 to $7 million.
Because of the multiple programs adminfstdted by the MHFA, it is possible that a housing agency such as the
Dakota County Housing and Redevetpment Authority may need to make three to four applications to the
MHFA for housing funds. While thiiMHFA has attempted to streamline the application process, the multiple
applications and procedures contindia to make the application process more difficult and time-consuming than
is necessary.
A more flexible program that blends..tbcal 666ds within a framework of the MHFA's objectives of providing
affordable housing and strengthening communities is needed. A housing "block grant" will fill this purpose.
As an alternative to applying for shditdministering several state programs, Dakota County proposes the
creation of a formula -determined "block grant" that could be used to address housing priorities in Dakota
County.
The adoption of a housing "block gra r approach to meeting housing needs would permit an agency such as
the Dakota County NRA to:
o Plan a multiple year housing development strategy and be reasonably assured that state assistance
will be available for at leasVtWo years:
o Have the possibility to develap programs that integrate existing programs with one another (e.g., the
HRA could link the large family rental housing program to home ownership by providing training and
entry cost assistance).
o Reduce project costs, such. as by allowing land acquisition at an earlier date than is now possible.
The alternative to this legislation is that the Dakota County HRA will continue to compete on a project -by -
project basis for available state funds, continuing to incur the costs of multiple applications.
December 191-
Pnr_ea e- lacer
CITY OF MENODTA HEIGHTS
MEMO
December 11, 1997
TO: Mayor, City Council and City Administrator
FROM: John P. Maczko, Fire Chief
SUBJECT: Fire Fighter Protective Coveralls
DISCUSSION:
In the 1997 budget, $3,600 was budgeted to purchase Nomex fire retardant
coveralls for all fire fighters. These coveralls are worn by fire fighters underneath
------their- regular-tumout-gear-for-additionaI -protection.—The coveralls -will -also be used ---
during the summer months when responding to grass fires and other emergencies that
do not require the wearing of heavy turnout gear. The heavy turnout gear is a
significant problem, particularly during the summer months when heat and exhaustion
is a major factor in fire fighter safety.
RECOM MNDATION:
I concur with Assistant Chief Kilburg's recommendation to purchase the quick
response coveralls for the purchase price, including shipping, of $4,720 (memo
attached). Since this is personal fire protective equipment, sales tax does not apply.
While $3,600 was budgeted, we have not purchased some hose and the computer came
in under budget, so adequate dollars remain in the current budget to cover the expense.
ACTION REQUIRED:
If Council agrees, they should authorize staff to proceed with the purchase of
the equipment and award the bid to Danko Equipment in the amount of $4,720.
cc: Assistant Chief Kilburg
Safety Committee Chair Ken Weisenburger
CITY OF MENDOTA HEIGHTS
MEMO
December 9, 1997
TO: Fire Chief, John Maczko
FROM: Assistant Fire Chief, Jim Kilburg
RE: Bid Proposals and Recommendation For Purchase of PGI Quick
Response Suits
INTRODUCTION:
As you requested, I recently sent out bid proposals regarding the purchase of PGI
Quick Response Suits as recommended by the Safety Committee and the membership.
I contacted, by fax, five vendors who sold the coveralls we specified and received just
two responses (see attached). We received two bid proposals from Danko Emergency
Equipment Company and Metro Fire. I've included copies of the bid proposals for
your inspection.
RECOiINIIENDATION:
Based on the considerable difference in price ($1235 to be exact), I recommend the
purchase of 35 PGI Quick Response suits, part #60078 in the sizes listed on the bid
sheet to Danko Emergency Equipment Company for a total cost including shipping for
$4,720.
VOLUNTEER FIRE AND RESCUE SERVICE TO THE COMMUNITY SINCE 1947
LILYDALE - MENDOTA - MENDOTA HEIGHTS - SUNFISH LAKE
JOHN P. MACZKO
FIRE CHIEF
The Mendota Heights Fire Department is currently accepting bids for quick response suits
(coveralls). The type and quantity, as well as sizes are listed below.
Coverall Description:
Color:
Identification #:
Quantity: Size:
5 40R.
2 42R
1 42T
6 44R
4 44T
46R
1 46T
48R
2 48T
4 50R
2 50T
1 52T
1 54T
P.G.I. Quick Response Suit
Dark Blue
60078
Please mail or preferably fax your bid proposal l.,Y Decc _nber 5`h. Please indicate r*'.-_
per suit according to size as well as overall total cost and ir,.ciude Your best esti���ate regareli-g
delivery.
Mail To:
Fax To:
Assistant Chief Jim Kilburg or Assistant Chief Jim Kilburg
1101 Victoria Curve (612) 454-8940
i�ilendoia �eialics—iG1I���
Any questions regarding this bid proposal, please contact:
Jim Kilburg (Pager -) (612) 640-0971
2121 DODD ROAD, ME,11DOTA HEIGHTS, lY113NnvFSOTA 55120 • PHONE (612) 454-3266
t
JANKO EMERGENCY EaUIPMENT CO.
❑ PO BOX 248 - SNYOER, NE 68664-0248 - 800-228-9014
1 !11❑ 808 N. 10- ST. - SAuNA, KS 67401-2938 - 800-541-9111
1M4 ❑ 4565 W. 77' ST. - Ecm, MN 55435-5009 - 800.248-9014
PROUDLY SERVING: NE, KS, MN, !A, SD, OK AND MO
REQUESTED BY,// , n ® I CUSTOMER #
GIVEN TO U DATE ❑ PHONE ❑ MAIL
/S/% % - ❑ ORAL ❑ FAx
QUOTED BY
QUOTATION
Q# - 8982
Please refer to this quotation number
on your purchase order and inquires.
F.O.B. I SHIP VIA I SHIPPING
WY JACCP�
_ E- I DESCRIPTION•
o - 419
so
S sa-may
�yy —
-
I'
TERMSNET 30 DAYS: QUOTATION GOOD FOR 30 DAYS. UNLESS FOR
• -. THEREAFTER QUOTATION WILL BE ADJUSTED BY ACTUALpED % OF (INCREASE. DAYS.
I Sales Tax
Q�®�jrA-TiC3lrY
tA
Dec -05-97 05:24P Metro Fire .6i'2-422-1818 P_01
Metro Fire _
6250 Industry Ave Suite 209
Ramsey, MN 55303
Fax Cover Sheet
DATE:
December 5, 1997 TIME: -
5:38,PM
TO:
Assistant Chief Jim Kilburg PHONE:
454-3266
Mendota Heights Fire Dept. FAX
454-8940
FROM:
Jon McLaughlin PHONE:
422-1881
Metro Fire FAX:
422-1818
Number of pages Including cover sheet: 1
Here is the bid you had requested. If you have any questions please call.
Part # Description
Price Each Ext. Price
35
60078 PGI Quick Response Suit
S169.00 $5,915.00
(sizes as per bid request)
Freight $ 40.00
Total Cost S5,955.00
Delivery is currently four weeks after receipt of order.
Prices good for 30 days.
Thanks for the opportunity,,,
Jon McLaughlin
Metro Fire
CITY OF MENODTA HEIGHTS
MEMO
December 11, 1997
TO: Mayor, City Council and City Administrator
FROM: John P. Maczko, Fire Chief
SUBJECT: Purchase of Six Sets of Turnout Gear With 1998 Budget
DISCUSSION:
As you are aware, the Fire Department is on a program to replace six sets of
full fire fighter protective clothing annually. As in past years, in order to beat the
anticipated-price-increase-in-January—we-would-like-to-proceed-with-the-purchase ____
immediately as per Assistant Chief Kilburg's memo. We have solicited bids on our
department's equipment.
RECOMMENDATION:
I concur with Assistant Chief Kilburg's recommendation and recommend that
we award the purchase of the six sets of turnout gear to Danko Emergency Equipment
for a total purchase price of $5,500. Since this equipment is personal protective
equipment sales tax does not apply. While $4,800 was budgeted in the 1998 budget,
we will absorb the extra dollars within the existing budget.
ACTION REQUIRED:
If Council agrees they should direct staff to proceed with the purchase order of
six sets of fire department turnout gear for the total bid price of $5,500 to Danko
Emergency Equipment.
cc: Assistant Chief Kilburg
Safety Committee Chair Ken Weisenburger
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
TO: Fire Chief, John Maczko
FROM: Assistant Fire Chief, Jim Kilburg
RE: Bid Proposals for Turnout Gear
x
INTRODUCTION•
After updating our turnout gear specifications to comply with the latest NFPA 1971
Standards, I submitted the bid requirements and specifications to two vendors who
carry our line of protective clothing.
Only one of the two vendors replied with their bid proposal as of December 11, 1997.
The deadline was at the close of business Wednesday, December 10, 1997. Fire
Equipment Specialty and Danko Emergency Equipment were the two vendors
involved, with Danko submitting a bid.
RECOMMENDATION•
A copy of the bid is attached with prices noted as to quantity and length as requested.
Being no other bids, I recommend Danko Emergency Equipment be awarded the bid
for the purchase of our turnout gear, based on the prices listed on the attached sheet.
Mendota Heights
Fire Department
Request for Bids
on
Personal Protective Clothing
The Mendota Heights Fire Department will be accepting bids for personal Protective
Equipment specified on the following pages. It is asked that all bids and requested material
be submitted by mail or hand delivery by close of business (4:30 PM) Wednesday
December 10, 1997. Please Mark on the Envelope "Personal Protective Clothing=
Assistant Chief Jim Kilburn". The address is:
Mendota Heights City Hall
1101 Victoria Curve
Mendota Heights, MN 55118
Please submit this sheet with your Bid. Any questions please contact Assistant Chief Jim
Kilburg at 612-452-1850/612-640-0971
Bidder Name: ayw ki: �Merk
Address: VEL. <5 t Jg LA- _T7 `�` S i
Phone: gQt o— �o b g,
ContactPerson: ��`�r3/►J
Bid Item:
Specified Turn - out Coat (29" Length)
Option 1: Turn -out Coat (32" Length)
Option 2: Large MH Lettering (add)
Quantity
(1-6) (7-12) (13-18)
a t
A
Specified Bunker Pants -t4 S `i -- 4 3Y7 - � �
Ii
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
To: Mayor and City Council
,s^
From: Kevin Batchelder, City Adn 4-' bs`J
Subject: 1998 CDBG Grant Application - Resolution of Approval
DISCUSSION
M,.
Each year the City of Mendota Heights receives a share of Dakota County's
Community Development Block Grant (CDBG) Funds. By January 1, 1998, the City's
application for 1998 funding must be returned to the Dakota County Housing and
Redevelopment Authority (HRA). It is the intent of this memo to present a draft CDBG
Funding -Application -and -Resolution- of -Approval -for-Council- consideration.
On November 18, 1997 and December 2, 1997, City Council considered possible uses
of our 1998 CDBG funding and directed staff to prepare an application to allocate
approximately $40,000 to the Low Income Housing Rehabilitation Loan Program in 1998. It
is necessary to approve this application by resolution and the attached resolution has been
prepared based on the application.
Should Council concur with the recommendation, a motion should be made to adopt
Resolution No. 97- , A RESOLUTION APPROVING THE APPLICATION OF THE CITY
OF MENDOTA HEIGHTS FOR FISCAL YEAR 1998 DAKOTA COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97-
A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA
HEIGHTS FOR FISCAL YEAR 1998 DAKOTA COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING
BE IT RESOLVED by the City Council of the City of Mendota Heights as
follows:
1. The _City Administrator is authorized to submit the attached application
to Dakota County for a Community Development Block Grant in fiscal
year 1998.
2.- The application is approved by the City Council and the Mayor and
City Clerk are authorized to execute it on behalf of the City of
Mendota Heights.
3. The Dakota County HRA is designated as the administrative entity to
carry out the program on behalf of the City.
Adopted by the City Council of the City of Mendota Heights this 16th day of
December 1997.
2
ATTEST
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
I
jr
Dakota Countv
Community Development Block Grant Proposal
Fiscal Year 1998
City of Mendota Heights 2
Legal Name of Applicant
1101 Victoria Curve
Legal Address of Applicant
Mendota Heights
City
Kevin Batchelder
Contact Person
State
Community Development
District
MN
Zip
City Administrator (612)452-1850
Title Phone Numne'r
Mendota Heights Housing Rehabilitation Project
Project Name
55118
The city-wide project consists of loan and deferred loan funds for
rehabilitation of single family, owner occupied dwellings.
Brief Description of Project ,
$40.000
�rictt.t Rezcested
1. Has this project received CDBG funding before?
`X Yes No
2. Project, duration:
X One Year
Other (Specify):
Proposed beginning date: January 1, 1998
Proposed completion date:December 31, 1998
3. Grant funds will be used for:
Acquisition
Clearance Activities
Disposition
Economic Development
Planning
Public Facilities
Public Services
X Rehabilitation
Other (Specify):
a. Federal objective addressed (attach documentation):
X Benefit to low and moderate income persons
- Total number of persons benefitting: estimated five households
- Percentage of low/moderate income: 100 percent
Aid in the prevention or elimination of slums and blight
Alleviation of urgent community development need
5. General description of the project (include project coals and importance to
community) - attach additional paces if needed:
Provisions of low interest and deferred loans for low and moderate income
homeowners. Any form of owner occupied housing would be eligible. The
HRA may be able to use additional funds from county -wide CDBG.
6. Description of project area (attach map):
The project afea consists of the entire corporate limits of the
Citv of Mendota Heights.
Census tract/block group(s) included in area:
7. Construction schedule:
_ x Not Applicable
Applicable
If applicable:
Estimated date construction will begin:
Estimated date construction will be completed:
8. Project cost:
Total project cost: $ 40,000
Amount of C.D. Grant reauested•$ 40;000
(Percentage of total project cost): iUU 9.
Source and amount of other revenue:
9. Budget summary by activity:
Activity CDBG
Housing Rehabilitation g 40,000
and related project
administration.
S
S
S
Other/List Source Total
S S 40,000
Source:
S S
Source.
S
S S
Source
10. Additional supporting items submitted with proposal (check if attached):
Benefit documentation. (See question q)
X Resolution of governing body requesting grant
Additional project information
X Map or sketch outlining project area
Professional's certification of feasibility and accuracy of scope and
budget (engineer's, architects, etc.)
Letters in support of project/or letters of commitment
Other (Specify):
Certification
I certify that the statements and application requirements of this official proposal are
correct and that this proposal contains no misrepresentation or falsifications, omissions,
or concealment of material facts and that the information given is true and complete to the
best of my knowledge and belief, and that no bids have been awarded, contracts executed, or
construction begun on the proposed project, and that none will be prior to issuance of a
Release of Funds Notice by the program administrator.
December 16, 1997
Signature of Authorized Official Date
City Administrator
Title
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- CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Planning Case #97-40: Lot Size Variance
Samuel K. Thompson, 703 Cheyenne Lane
Background
At their regular meeting on December 2, 1997 the Council voted 5-0 to approve a lot size
variance to Mr. Sam Thompson to allow the construction of a home on a vacant lot at 703
Cheyenne Lane, with the stipulation that -the -new -house not -require -any -other -variances. __
(Construction on the lot required a lot size variance because the lot is only 10,120 square
feet, or 67% of the current minimum R-1 lot size of 15,000 square feet. The Planning
Commission recommended approval of this application on November 25, 1997.) The
Council directed Staff to place a revised Resolution to this effect on the consent agenda
for the December 16, 1997 meeting. Please see the attached Resolution.
Action Required
Adopt the attached amended RESOLUTION 97-_: A RESOLUTION APPROVING A
VARIANCE TO THE MINIMUM LOT SIZE TO CONSTRUCT A HOUSE AT 703
CHEYENNE LANE.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97-
A RESOLUTION APPROVING A VARIANCE TO THE MINIMUM LOT SIZE
TO CONSTRUCT A HOUSE AT 703 CHEYENNE LANE
WHEREAS, Mr. Samuel K. Thompson has applied for a variance to the 15,000
square foot minimum lot size in the R-1 zone to construct a house on a 10,120 square foot
vacant lot at 703 Cheyenne Lane (Lot 5 Block 4, Friendly Hills Re -Arrangement), as
described in documents on file in Planning Case No. 97-40; and
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their November 25, 1997 meeting; and
WHEREAS, The Planning Commission voted 7-0 on November 25, 1997 to
recommend -that the City Council -approve this application with the stipulation that this lot
size variance approval not be construed to imply prior approval of any other variances or
other planning approvals in constructing the actual house.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the lot size variance to construct a house on a 10,120 square
foot vacant lot at 703 Cheyenne Lane, as described in documents on file in Planning Case
No. 97-40, is hereby granted under the condition that the new house constructed on this
lot not require any other variances apart from this lot size variance.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the lot size variance to construct a house on a 10,120 square foot vacant lot
at 703 Cheyenne Lane under the above condition as described in documents on file in
Planning Case No. 97-40 will have no adverse impact on the health, safety and general
welfare of the citizens of the community and the surrounding land, and will not be
adverse to the general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 16th day of December, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
DATE: December 12, 1997
TO: City Council
FROM: Larry Shaughnesseyo
SUBJECT: History
In 1994 the City entered a developers agreement with Northland Partners for the
redevelopment of their building located at 2506 Northland Drive. The agreement
called for several projects to be undertaken and a rough estimate of the cost for
each element.
The work has finally been completed, and the final costs are in line with the original
estimates. The costs were as follows:
Our agreement was to pay 'h the cost of each project, with payment of 100% of
the sprinkler system when all other projects were completed.
Tonights claim list includes final payments for the project along with payment for
the balance of the sprinkler system.
I think a drive by of the property shows a considerable improvement and does a
good job of improving the appearance of the area
Action: Information Only
Estimate
Cost
1.
Sprinkler System
76,000
72,715
2.
Retaining Wall
25,000
31,000
3.
Berm.
25,000
15,000
4.
Paving
50,000
41,135
5.
Repair & Painting
50,000
58,000
6.
Signage
13,000
10,065
Our agreement was to pay 'h the cost of each project, with payment of 100% of
the sprinkler system when all other projects were completed.
Tonights claim list includes final payments for the project along with payment for
the balance of the sprinkler system.
I think a drive by of the property shows a considerable improvement and does a
good job of improving the appearance of the area
Action: Information Only
CITY OF MENDOTA HEIGHTS
MEMO
December 2, 1997
TO: Mayor, City Council, City Administrator
FROM: Kathleen M. Swanson K�4
City Clerk
SUBJECT: Temporary Liquor License
INFORMATION
The Convent of the Visitation School will be conducting its annual Merrie Market
Auction activities on Friday, March 6 and Saturday, March 7, 1998. As in past years, the Merrie
Market committee has requested Council approval of a temporary liquor license for the activity.
DISCUSSION
The issuance of temporary liquor licenses, for a duration of no more than three days, is
authorized by State Statute. Visitation has arranged to hire an off-duty Mendota Heights Police
Officer to be present on both evenings for safety reasons. The school has also provided proof of
liquor liability insurance coverage for the event.
To my knowledge there have never been any problems associated with the sale of liquor
in conjunction with the Merrie Market.
RECOMMENDATION/ACTION REQUIRED
I recommend that Council authorize the issuance of a temporary on -sale liquor license,
without license fee, to Visitation Convent for March 6 and March 7, 1998 in conjunction with the
Merrie Market Auction. If Council concurs, it should pass a motion to authorize the issuance of
a temporary liquor license as recommended.
Merrie Market
Annual Fundraiser
Dinner & Silent Auction
November 21, 1997
Kathleen Swanson
City Clerk
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Ms. Swanson,
On Friday March 6, 1998, The Convent of the Visitation will be holding its annual
Merrie Market Auction Preview Party at the school site in Mendota Heights. We would
like to offer beer and wine for a $1.00 donation per serving. The event is free and
there will be no charge for the food.
Saturday March7, 1998 is the Gala Live Auction evening for Merrie Market. There is a
charge for each dinner ticket. There is a full catered dinner, a full bar and wine served
with the meal.
Each year we have hired Mendota Heights police to be present on both evenings. I
have already spoken with Mario to arrange security for the weekend.
It is my understanding that insurance verification has already been received by your
office.
At this time, I am requesting that a liquor license be issued to the Convent of the
Visitation School for fund raising purposes.
If you have any concerns, questions or other things that I need to be aware of to get
this event underway, please call me. Thank You.
Sincerely,
Mary Michel
Coordinator, Merrie Market
2455 Visitation Drive • Mendota Heights, MN 55120 • (612) 683-1725
LIST OF CIGARETTE LICENSES TO BE APPROVED BY CITY COUNCIL
December JA, 1297
Tom Thumb #264
Mendota Liquor
Tempco Mfg.
Tobacco City
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
December 16,1997
Concrete/Masonry Contractor License
Ostertag Cement Inc
Gas Piping Contractor License
Commercial Plbg & Htg
General Contractor License
Kiehm Construction Inc.
Wakely Construction
i
December 16,1 1997
TO: Mayor and City Council
_
CIAMS LIST SUMMARY:
Total Claims
203,625'
Significant Claims
Greenleaf
tree program
tilsens
10,816
18,560
Vi Con
.
L•p
t
Unusual Cl
Bitiminous Roadways
victoria curve
64,103
City of St Paul
wtr rprs
5,451•
Dictaphone I
police phone system
11,545
Northland Partners
i
t
f
1
T I impr
61,951
,' Dec 19x,7
Cr` i 10:46 AD'
Teruo Check Number S
Teruo.
Check
Number' Vendor 'Marne -- - --
1 Albrechts
'1 Albrechts---- - --- ---
1 Albrechts
Totals Teruo Check Number
--Teruo Check. Number
2 Air Touch Cellular
__-._ `-•Air ic��_ic�Cel-Hilar-- --
Air ToUCh Cellular
Totals Terno Check. Number
Tern o" Check' MkJfiibe•r'-'--
3 A T E• T '.tireless Svcs
A -T' F--T-Wireless-Secs _---- --'
6
_,. -----Total's-TenS� Cher_k�Niiriiber --
Terno Check Number 4
4 Albinsor,
Totals Ternn Check N,_rrnber
"Terno Check Nurnber-----
5 B T Office Products
5 14 I 0 f f i Ce Drod Acts
5 B T O'f iCe "rod ucts
5 B T Office Dror_ucts
5 e f OTf ice- ProCUr-t--
5 B T Office Products
S T Off _ce Products
__...._� Terlm Cnecv `•1um-' er`
Temno CheLQ -Nmrm _ �.
December 16 1997 Cla=ms l.=st
dity of ^^er:dota :-teichts
vent 10 -Adm _ Dept 50 -Roads
20 -Police 60 -Utilities
15-Engr 70 -Parks
W -Fire 80 -Planning
40 -CEO 85 -Recycling
_ f - --- 90 -Animal Control
--- -._... - -_ ---
flccor.rns Cr_,de—
--- - - -+
Ccarmen .s
- - -- - - -. _ - - Arnnrrnt
01-4',_80-310-50
dISO fee
16.65
diso fee
.... _... - - - - - --16. SS -
- --
15-4280-310-60
diso fee
1s. 70
JD+ ti•
_.
1
�
•-
01-4210-020-20
rrav sv �
204.92
_
01'�FL�.. 1'�'d�'G�.]l--.yfG1
'- nov Svc
01-4210-110-10
nov Svc
19.48
------
01-4210-030-30
r,ov Svc
27. 35
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01=4210=020=20--
----'----�-,av-svc-
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38.52
01-4300-110-10
4
01-4300-050-50
- 01.-43,60-L7h70-70
15-4300-Ob0-60
05-4:100-105-15
05-4300-105-15
rV11-4300-0:50-::10
05-43wO-105-15
-27-4460-727-.50
6
solys
solys
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solus
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19. 68
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Teruo C`�eck ^:u:noc--
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Nimber VenCr,- !Mame Cade ---- s Amount - -- -
Board of Water Commissioners i5-4425-3 10-E141 nov svc 5. 8
- , Board of --nov _._.-__..---•-- -•-. ---_ --
svc__. '_ 23 -•`
7 Board of Water Commissioners 08 -4425 -OM -00 nav svc 17.94
10 City of St Paul 03 -4460 -000 -Elm rors f 5,451.46
-- --------
7. ?=. --_--- ---- ------------- 5745-46 - ---- ----------i„
r Totals Terno Check Nurnoer 10
I
---Terno- Check.- Nurnoer------11 -------------- - _ -- --- --- ---------_.
11 City a? 1.4 St Pal_r1 01-4200-610-20 tori mat chos 750.40,
Totais Temo Chec'4 Number 11
Terno Chec'-? Number i2 -- -
362: 00 ---•---------
-- -- - --_;.
Total=_ Teruo Check NI_r:nber
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---- -- ------- -------
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01-4335-310-50
rors
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41.08
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01-4305-050-541
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I
10 City of St Paul 03 -4460 -000 -Elm rors f 5,451.46
-- --------
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r Totals Terno Check Nurnoer 10
I
---Terno- Check.- Nurnoer------11 -------------- - _ -- --- --- ---------_.
11 City a? 1.4 St Pal_r1 01-4200-610-20 tori mat chos 750.40,
Totais Temo Chec'4 Number 11
Terno Chec'-? Number i2 -- -
362: 00 ---•---------
-- -- - --_;.
361.97
-
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41.08
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10 City of St Paul 03 -4460 -000 -Elm rors f 5,451.46
-- --------
7. ?=. --_--- ---- ------------- 5745-46 - ---- ----------i„
r Totals Terno Check Nurnoer 10
I
---Terno- Check.- Nurnoer------11 -------------- - _ -- --- --- ---------_.
11 City a? 1.4 St Pal_r1 01-4200-610-20 tori mat chos 750.40,
Totais Temo Chec'4 Number 11
Terno Chec'-? Number i2 -- -
21 r C_r:: act nu_ t _ 1 e. Coram uni cat i _ins
01=4330-490-50
rors
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Dec __97 Claims L:st
Fri 1.0:4= AN- City of Mendota Neiohts
Terno C'12CP N!urn Je—
Temo.
Ch ec'-
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Cc-raments- - -- •-• -•- --- - -. .. .-. Amourit-" -
1/6
Tent als Temo Cneck PJumoer 16
Terno Check Number 17
17 'Kevin CUSt2r 29-4337-000-00
17
Total=_ "remo C'Jecf<. '-,,umoer 17
Temc C-ieck iurnoer 15
is Cc'vera'. ; 01-433b-310-510
'° C:-era11 01 10-70
18 Co.'Ie-al1 lt-433:i=310-60
15 CCIVera1_ 01-43,55-315-30
19
19 Da"_;:a Pou.-,,. -wv L'eot 31-4 60-0u0-0rd
41�
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beaver traooinu
dec svc
cec SVC
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573. 50 E
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389. Zvi
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14 Como USA
01-4620-020-20
como ee
864.95
14
864.95
'r
Totals Terno Check Number
14
Terno Check Nurooer 15
=r
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.a
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--------------------------=•-----------------------._._-------------••
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Terno Check Number 16'73
1
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16 Cooy Saless Inc
rd1-4300-110-10
toner E
88.85
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16 Cooy Sale=- Inc
01-4300-2030-30
torer
25.414)
-__-----
16 "Cuby _Sales' -Inc '------------01�J300=044r=40
'--
--•------tr_,ner--
__
16 Cooy Sales Inc
01-4300-050-50
toner
25.40r
_
16 Cooy Sales Inc
01-4300-070-70
toner i
25.40
-•--17G Ci:d -Saler Inc --
05-4-7,0¢x=1-025--15
--toner
16 Coov Sales Inc
15-4300-060-60
toner, t
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25.40
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16 Cooy Sales Inc
01 -4300-060-80
toner
25.40
_-----1'6 "Crov-Sales-Inc- --------01=4h90=1�i3=0'3—
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------25-3 ---- -.-.----------
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16 Cooy Sales Inc
01-4330-450-10
dec rntcrn
109.05
16 Caov Sales Inc
06-4330-490-15
oec rnten
109.02
i
1/6
Tent als Temo Cneck PJumoer 16
Terno Check Number 17
17 'Kevin CUSt2r 29-4337-000-00
17
Total=_ "remo C'Jecf<. '-,,umoer 17
Temc C-ieck iurnoer 15
is Cc'vera'. ; 01-433b-310-510
'° C:-era11 01 10-70
18 Co.'Ie-al1 lt-433:i=310-60
15 CCIVera1_ 01-43,55-315-30
19
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1 t•3. 3'r
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C'_airns List
I
Dace 4
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City of Mendota !-eights
f
Temp Cie^_k iMun z�er 19
Terno.
Chec!,
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- _ - - -- - - - --
Accorrrit" Code
- „
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Terno Check. Nr_trnber 20
_
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20 Dakota Cor-rr;ty Tech Inst
01-4400-0301-30+
trno fri I
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1.575. 0
i
_ Totals Terno Check Number
20
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21 Dictao!lone
08-4480-000-010
onorie ea
11.545.47
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21
11, 545. 47
(e(
Totals Terno Check Number
21
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Terno Check Number 22
1
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Terno Check Number 23
23 Factory Motor Parts
01-4305-050-50
solys }
41.56
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_ 23 Factory Motor Parts
01-4305-050-50
solys t
63.10
I
solys--, ---
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15-4305-060-60
soly=-
-- -g`-- --- - -- -- --- - -- ---- -
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-- - --- -- ---
-- ----23"1: 93- - ---- - --`
------
Totals Terno Ciect-: Number
23
1
- T ems 'Check-'Mh mlier-•--- --- -24 - -------
--- ---------- _ _ - _...
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2 Facilit,r Svcterns
08-44890-000-00
re cn im3r
Totals Terno Check Number
24
-ernes C`eP'-
25 F i s-ler v'l i_ : o
OI -4305-0f0-20
1
nov SVC}
25
29. .-7 _
2:, cue1 DiI =vr_
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4'_.54
12 De^_ Cialm=_ List
Frl I":L H:ti; City OT Irer!CGta P.Elants
Terno Chec4 NI_ur.ber 26
Terno.
-
Check
Number Vendor "•tame _ _.._
"
-•-_-.. Account--
Cafe
2S Fuel O' 1. Svc
131-4305-050-50
52
Totals Terno Check Number
26
Terno Check Number 27
is E
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- --- -----
27
_--
Terno Check Number 28 ,
28 W W Grainger
01-4330-215-70
28 W W Gr-ainoer
01-42il-300-50
56
- Totals 'rerno Check. Number
28
Terno Check NIAmber 29
_'-29-G!^a itar Erect rf c'
al -4S05=050=50-
29 Graybar Electric
01-4305-050-50
29 Graybar Electric
01-4305-050-50
t _ 87
Totals Terno Check Number
29
Terno Check. Nurnaer 30
30 Greenleaf - -
-.01-4268-050-50 ._._.. .- ---
30 Greenleaf
01-4'2b8-050-50
60,._-
. Term
Tenro Check. Nurnbe- - 31
31De: r7nne G!.reo:.a_,u?
01-4136:!-110-10
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solys _- ---- - -- _- -- - 154:23
194.23
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solys j
solys
33. 11
426.93
-
460. 04
194.68
90.36
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tree or;oo 9. 702.140
1 - - :0 , 816 L--
132. 50,
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Dec '7
Clams List
0-4ue E.
i -------••—
Fri. 10:46 A^'
City .f Plendota keights
stocx
solys•--•- - - -------
Terno C`)ect.•. i�!urnoer
{
stock
solus
Terno.
01-4 330-4'd0-50
tock
solvs
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--• -- -stock'solvs
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ACCi7tl�lti Cade C=mrnerrt='
--- - ---- -- _
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- --- - '.
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01-4;sL,-461.1-30 dec Svc{
6.79
-
Totals Terno Chr-cL�
6.79
39
Totals Terns Check Number
33
_.
39 '✓.a_•:t,.. er+_=_
�..•• Terno Chrack Number 34
;
----------------•-----���..
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39
= 34
102.00
;tom:+tats Terno Chec�i-!ti,_uuoer
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-----------
Terno Check Number 35
35 Inver Grove Ford 01-4330-440-20 rocs
3J
_ Totals Terno Chec!-e. NI_unber 35
TemrrCheck-.736
_ 36 J R'S Aooliance 01-4280-310-50 aool pickup
Totals Terno Check. Number 3E
Terno Check Number 37
I
37 Kamoa Tire 01-4330-44'0-20 tires i
37 Kamoa Tire 01-4330-440-20 tires
.• 111
Totals Terno C`reck. Number 37
• Terno Chec'- h:+.uneer^
3°
i -------••—
- 38 Kar Products
-----•-01-4.331-440-20 -- - — -
stocx
solys•--•- - - -------
38 Isar^ Products
01-4;330-46v1-30
stock
solus
38 Kar PrOdL%Cts
01-4 330-4'd0-50
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38 Kar c ocl_rcts
15-A330-490-60
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-
Totals Terno Chr-cL�
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39
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39 '✓.a_•:t,.. er+_=_
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31.18
45. 00
45.00
434.21 =c,
147. 15
817.76
97. 01
i
97. 01
"37: Int - - ----
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.. .. la d 5. t[I5
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12 Dec
"- r l !0:4t, A1,1
Temn Coec4.
Term.
Check
Claims List
City of ^`endota I -+eights
Number Vendor Name ACC 1.i Ylt Code' _
40 Kat revs 01-4305-030--.0
40 Kat Kevs — _. _.__....-15-4305-060-E0
i
- ' Comment s
solus
5DIV5
r'aoe 7
-. ._.. Amount
9. 03
_3`._97
42. 00
.---•-----------..-...� .__ -.-- •-
of
80
-'44'— —
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it
Terno Check Number 41
2
_
41 Knox Commercial Credit
15-4305-060-E0
41 Knox Commercial Credit
01-4337-050-50
08-4335-000-00
82
Totals Terno Check NI_unber
41
C10. -0a
Terno Checl< Number 42
ror�
rl
------
510. 00
;3o
1331.1
4'2-Ki^ecl-ss-'BI:csil"�i Tns�---0I=47a3rL1=4j0=-10
46Leef Bros
01-4335-310-50
za�
42
10Y=4- 3 ;=311�70
5--T'cita-1s Term-Ctie-ck Nrtrnbe�
46 Leef Bros
6
I,,
Ternp Check Number 43
Totals Tema Check ^lumber
i
- ' Comment s
solus
5DIV5
r'aoe 7
-. ._.. Amount
9. 03
_3`._97
42. 00
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08-4335-000-00
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------
510. 00
;3o
1331.1
43 Kremer 5oring & Align 01-4330-440-20 rors 39.50
130i-----
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„I Totals TernD Check Number 43 f
1331
! -�'emo 'Check "P.luinber '"--'---4'4
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!361 44 LIy! C I T 01-2074 dec Drern 432.78
13�, 44-1=-M-C'-I--dec-pier' frl-46
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1.1
45 Laoeror_rist CorD
08-4335-000-00
1
ar:
Totals Terno Check Number
45
46'
co-Terno Check Numbey-----
er-- --46
i
46Leef Bros
01-4335-310-50
4E-teef'-Bros-
10Y=4- 3 ;=311�70
}r3'
46 Leef Bros
15-4335-310-60
,.
Totals Tema Check ^lumber
46
dec svc
rlov svc
--r�cv-svc
rlov svc
100.45
100: 45 ---- ---•-_ .-•-
14.70
--14-.70--
14. 65
-14-.70 -
14.65
-"44."05----- —
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<5i
jsc �
sl
3
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12 Dec ,._j7 Claims List
1=ri 10:�iS PM C:tv of Mer,dc-ta Heieh
Ten,o Check. , ! rrnoer 47
Temo.
Check
N,-in5ber'• Vei-,dor-Na fife -
,s
47 Lillie Sr_rburoan Nears 01-4240-080-80 ..__
- -- -- •-47 'Lillie 'Suburbar•i'New-s----"'-"-E, I-=4240'=i1'�=IN'--""--- --not "bone bid'-'-
„ 47 Lillie Subui-bar, News 01-4240-110-10 tax rrat
47 Lillie Suburban News 01-4490-080-20 ernol aP.
� 185
Totals Temo Checw Number 47
Terno Check Number 48
48�Tac G`u'ee'n0 1 -y�=4yQr=5
46
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rc'
Terno Check Number 49
' -'ace 8
1d8 -ate •-.--
-18.53
—
-
14. 76
49 Marks Tr_,wir,c
01-4330-460-30
taw cho
85.79
194. 00
343. 4b
,.:
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-18.53
—
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49 Marks Tr_,wir,c
01-4330-460-30
taw cho
42.50
-
r=e Totals Terno Check Number
_
49
i2-
-' Tern ts-Ch ec'�NttrnSe,^5
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50 Mc Combs Frank Roos Assoc
01-4220-135-80
re cornu Plan
4.931.31
-'
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-- �
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Temo Check. Number 51
'
51 Menards
01-4337-030-50
solys,
31.90
51 Ner,ard=-
15-4305-060-6141
solys
58.56
_ =
90. 46
-_ .a._- =mD C-Z Nlurnoer
51
Terno Chec!< ti,1rl=s" 52
52 :nendnta '=e_=_`1.=_ ?.'ubt4:h--
- 01-428/0-3_0-50_...---•-
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' 52 Menrc„a _
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- - 45. 80
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53 ti':c:aes. Ono -.-t Svc
01- A 305-0 20
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Claims -__t-
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I30
. . 110:,+, Py,
Cit`: 07 Mendota I'!EI� -S
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361
Terno Check. Number- 58
Teruo.
58 National bank/Case Credit
I
�321
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58 National Dank/ Case Credit
01 -4305-050-50
Checil
---_58---Nat i ona 1-Darh:/Case-- Credit
NI_uabcr Ven Lr Name
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'Comment - - - - -
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58---5I
1
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59 Northland Partners
16 -4473 -O00 -O0
Terno Check Number 54
--
~
-7--54
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54
RES. @ti
Totals Ternd- Check -Number
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Terno Check Number 55
— --__=V
I
55 Morton Thoko1
01-4421-0bO-50
saf t
1,457.76
-- ?
23
salt
�20i
lr�
Tr_.tals Terno Check. Number
55
i
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01-4490-0�0-20
empl ad
157.50
{]7
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56
157.50
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56
I76j
a
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I30
131'
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130
57
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361
Terno Check. Number- 58
27
58 National bank/Case Credit
01-4305-0.0-50
�321
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58 National Dank/ Case Credit
01 -4305-050-50
---_58---Nat i ona 1-Darh:/Case-- Credit
174
TcLtals Tenlo-Creek.-Number--58-
umber—
58---5I
451
Terno Check Nurnoer 59
47!
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59 Northland Partners
16 -4473 -O00 -O0
•
--
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Totals Terno Check. NI -caber
59
1 ;
—Temc-Chcc4;: Number--- -----6tA -
�'3
0
62. 40
solys 150.10
solys 13.50
---solys {
211.61
I
j._
1/2 irnor costs 61,951.12
---------
— -
60 Northern 01-4330-490-70 solys
- - - ...., _---01--4:305-050-50
-.__.-- 60 Northern- --•- Plvs-----------
------ 38.62
-42.55- -- - -
-7
De,
C" ams List
08-4335-000-00 oxy
i
i
6'2
I its: 46
�ity �t ^endota -eights
Totals Terno Check Number
i
( c,
Teruo Chec,, ^iumoe- Gl
.. ._. .. .•- -- - -
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63 Peterbc.lilt North
01-4330-490-70 Darts
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1 - -
63
Check
Terno Check. Ni•;rnber^ --- - -- 64'--' - --- - ------ ---- -----
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- --�ccc„_cut-Cr_'�de----------------... ---------Cornrnents
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60 N:.rthernL11-4331D-
L � ,
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soly_ s
72. 41
180
153.58
Totals Teruo Check Number
---------6'----
60
------
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---- -1 ----------
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-. -Terno
- .: ------------
390:0rc,---.•-----
_ 61 Oakc--est I;er,nels
01-4225-800-90
nov svc
480.08
- -- --122— --
+
------
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- -
- 870:178---
Totals Terno Check. Number
61
f
_---'l"erns Checl-c-Number-•- —6�--
---•--•--------•-----------
-.--
------_._.
64 Park Nicollet Clinic
01-44911-050-5u exam arnbrase
_64 -'Park' Nicol let- Clinic_
128
Tttals-Terno' C1ec!: '^•ltunbe'r 6LF-----..._----..---------------._---•- ;- - -• --- --•--•---..
Terno Che=ck Number 65
65 lrte�: 01-4330-490-74: rors JltLr .
65 _ f
Totals Term Cnc?cr_r Nuuiter E5 11
I
Terno C`,ec4 ^. urnOer 66 {
27. 00
27.00
24.25
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478.75
536,00
v L . 06
E6
62 Oxygen Service Co
08-4335-000-00 oxy
de^ Orem
6'2
i'ncu:,.te.'_
Totals Terno Check Number
62
( c,
Terno Check Number 63
ioa -_;t wild.
.;---
"63 Peterbt;_it North------r<7i=4'330r=490-5Qr—
Darts
63 Peterbc.lilt North
01-4330-490-70 Darts
Totals Terno Check N,.rrnber
63
Terno Check. Ni•;rnber^ --- - -- 64'--' - --- - ------ ---- -----
64 Park Nicollet Clinic
01-44911-050-5u exam arnbrase
_64 -'Park' Nicol let- Clinic_
128
Tttals-Terno' C1ec!: '^•ltunbe'r 6LF-----..._----..---------------._---•- ;- - -• --- --•--•---..
Terno Che=ck Number 65
65 lrte�: 01-4330-490-74: rors JltLr .
65 _ f
Totals Term Cnc?cr_r Nuuiter E5 11
I
Terno C`,ec4 ^. urnOer 66 {
27. 00
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478.75
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01-2071
de^ Orem
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='ale 1.
Sr: 11:46 A'Y1
Ciy r.,f P'endora Heights
Terno C`,sc:: 67
Temo.
Ch ec'+
"
y umber Ver;c� ter` Name
Acca_rnt 'Code -
Camrnent=_
Amr_,_rr:t
6:'' r'l.,blic, t=mol Net Aesn
111-2074
dec orlern
84.wt-D
67 Pub!ic'Emoi Ret-Ass•n--
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dec orem _.-
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f
134
93. 00
-_------T_rcals Temo Check-T7,_irn--me>:r-------_.----••67--•-------
Teruo Chec!< Nr_rmne'r 68
_ 68 RatwiL, Rozak Eernstrorn
Maloney 4.11-4224-020-20
Oct =_vc
341.50
ca
------------------341:
g0-•------------- ----
-- - ----- _.
Totals Teruo C`1ec!: Number
68
— Teruo Check Pl,.unoer^ ._...- - - 69-
- -- --- - -- - ---.- ... - -- - -
- ..-..._._ ..
.- - -- -
--------------------- --_---
- ----
69 brad Racari Inc
01-4330-490-50
tires
124.46
-
r 69
124.46
Totals Teruo Check. Number
69
t• Terno Check Numce•r 70
33,
::SCc..•
--•-----70 Roris hvec`I-cynic=--------
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7 0
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--7ot a1 s - T e ril 6 Ch (--, c ie. -NU tuber---------70------
Term Chec4 Number 71
71 S'h i l Cc.
832.
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01-4421-050-50
sap t
salt
71 Shieiey Co
01-4421-050-50
circ i
5.22cr
-- - -_
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p
213
8L)2. 72
T:•tz,'_=- Terno C!;ec'< Number
72 Sicnal Sw:-tems;
15-4330-u90-60
rnton
68.0;,•1
=
68. 1010
TG :.7 Ciest,, 7
. - a t•. U
Oi-42°0-3iO-5w
12 DeL ?7 Claims List
Fri ln-46 AM City _` Ner:dota Heiont=_ 1
Te_mm Check Klurnuer 74 i
:•• _
Terno. - -. __ ___-----•--•-•-------• --• ----• -- -- -- - --- - -• -
Check
Number ,er:,r,r Nan+.e" .---—gccrtjylt C_�r e--
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Totals Temo Check N+_tmber 74 1
Ternn Check Nhirncer, -- 5-----`--
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_ - 75 Sr:,_ll`.}loJ1E'4J Chev--
-
01-4331-490-70 --
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-----
75
-----•—
---------
Terno Check. lV,.tmoer------76
266. 60
1
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83. 4
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- als-'Terno-Check-Nt•trnber'—
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f
77 State Chemical Soly
01-4305-030-30
solys `
F-:-;, Totals Terno Check Number
77
"-fierno--Ch Lac k`-Nurn be•r•--- 78
-
1
78 Sur: News
01-4490-020-20
ernol ad
78
Totals Terno Cie^ -v, h11.tmber
78
: Temo Check Nurnber 79
_ , = a . _n=_: r•,_tct _ .r.
01-4`.33:•=e1rZr-5tr.------------
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79 Tr-ta'_ Cor.str•uct i or,
01 -4335 -310 --lo
ror-s
7;9 Total LCrr:SS"!!Ct.or,
15-4--a5-3!0-F_0
rors
237
Totals Tema CLieck Number
75
emo C`ieck 8'ti
,
8"11 Tr_:tal 'Ool
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83. 42
83. 4
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2`+•1. 26
174.49
17 A. Grp
12 Dec 1997
Claims Lis'
_
Pace 13�,i
^
10:46 AM
City of Mendota �eigntsTe.mo
Check Number 81CheckTotals
Teriio Check. Nur.-.b2r
81
7!8531
TerIlD Check Number 82soly.
09Totals
Terno Check Number
8212223241Totals
Temo Check Number
83
2721; 125TerflD
Check Number 64
301
251 C31+ u1271
84
170.00
353713613
TemP Check Number 85
39!�31
85 Uniforms Unlimited
01-4410-020-20
solys
234.14
41i32
4243:35!
Totals Tama, Check Number
85
4648.14950;Z.3
86 Vicon Inc
27-4460-721-00
tilsens
18,560.16
:51rkFTotals
Terno Check Number
acTerno
Check NlArtiber 8787
72.95Totals
Temo Check Nlumber
aa winthron e weinstine 01-4e2i-1e0-10 oct ret caa.mw '
aa winthroz a ueinstine 16-+2e0-120-0141 oct re'orown inst 4-3. Q410 _
-
88 win*nroj u weinstine 16 -4e20 -1e0-100' oct re tom tnomo 2so'wm
- I
Dt 357 Claims List
Fri 10:46 p.., City OT Mendota Heiants
Temo Check D_1_unber 88
Terno.
Check
NI_unber' Vendor ilarne""-' " ' ' '" -"' """' " --' A(fcciUYtt-- Cdde "-
8;3 W it thr-oo &• We Inst ir:e 16-4220-12-0-014)
-88 Wir-Ithr-on & Weinst ine 16-4220-120-00
----523-- _.----•----------•-------_. — --
r Totals Terng CleCk. Number 88
=-"Terno-Chr=_ck'Numbe:^----- ------8g-------------------
89 Ziegler Inc 01-4330-490-50
89
Totals Temo Check Numrnber 89
Rage 14
Cr rnrdt. s -' RrnoI
oct ternocc, 43.20
_ .- -- --'c ct —re --Goner, -------------------------- Y-29. ON -- -•- - -- -- - -
oct re' opus 233.86
------- --- - - - J ------ -----7 ; X05: 05--- —
oartsi 313.52
313.51
- - -- -- 412,182.41G.T. 615,807.29
Grand 'rotal
MANUAL
CHECKS
�•�' � - — - -
1b704
308,527.50 Prudential Security
}
inv purchase
•16705
•5,484.20 State Capitol C U -
12/5 payroll
=- -----•--------
16706-22,414.-25-Northland-Gibst
- Bine-Creek/1-10-frontage
a
16707
-15.00 -Northstar ICBO
12/12 mtg
C
16708
820.40 Mike Thompson
tuitioin reimb
--- !—
--16709-17-,28-PE
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16710
33141.71 !
p d holiday pay
16711
9,402.37
12/5 payroll
-" --- -- - '--- --------------
16712-
--
320:00 -Great West L & A
- ---
16713
793.40 ICMA
"
16714
1,038.00 Minn Mutual
- -- ---- - -- -- - - ---- - -- ------
-16715---220.00-MSR6--
-- -
-- --11 _
16716
404.84 Dakota County
"
16717
325.00 Dakota Bank
"
:. - _--•-•_-- _-._-•--_._..._ ._.-_. __ -- -
---16718 .-.59,550.91-Payroll--
- ----- - - -----.-
-
- - -- -- 412,182.41G.T. 615,807.29
CITY OF MENDOTA HEIGHTS
MEMO
December 10, 1997
TO: Mayor, City Council, City Admi-stra
FROM: Kathleen M. Swanson, Mj
City Clerk
SUBJECT: Temporary Accounting Assistance
INFORMATION
Accountant Shirley Shannon will retire on December 31. I am very concerned about the
transition in this sensitive and important position.
DISCUSSION
The deadline for applications for the accountant position was November 28. Fourteen
applications were received and are being evaluated. Interviews will likely be conducted next
week. Because the next regular Council meeting will not occur until January 6, the new
accountant cannot begin work until at least January 7. In the interim, I will do my best to prepare
the payroll and process billings, but I do not feel very confident in my ability to fully and
properly train Shirley's replacement. Additionally, for the first month or two of each year it is
necessary to run two accounting years, and salary and benefit adjustments and new budget
allocations must be entered into the accounting system. These are quite complicated tasks and
there is no room for error. Although I feel reasonably comfortable with making entries, etc., I
will need guidance.
For the foregoing reasons, I would like to retain Shirley as a consultant to help us through
what is certain to be a difficult transition. I ask that Council authorize Shirley Shannon's
retention on a temporary basis. At this time, I do not know how much of her time will be
needed. In deference to Shirley, use of her time would be kept to a minimum.
Council has expressed reluctance in the past, understandably, about keeping two individuals
in one position simultaneously during a transition. The accountant position is so significant,
however, that I strongly advocate retaining Shirley on an as -needed basis. I propose that we
reimburse Shirley for her time at the hourly rate she would have received in 1998. The
additional staff cost can be charged to the Administration temporary personnel budget.
RECOMMENDATION
I recommend that Council authorize staff to utilize Shirley Shannon as a "consultant" on an
on-call basis for back-up accounting and training of the accountant at her scheduled 1998 hourly
rate.
ACTION REQUIRED
If Council concurs in the recommendation, it should authorize the use of Administration
temporary personnel funds to retain Shirley Shannon on an on-call basis to assist as needed for
accounting support and training of the new accountant.
CITY OF MENDOTA HEIGHTS
MEMO
December 4, 1997
TO: Mayor, City Council and City Administrator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer,
SUBJECT: Subsequent Truth in Taxation Hearing
DISCUSSION
At our December 2 Council meeting, we held our annual Truth in Taxation
hearing and adjourned to the subsequent hearing on December 16.
The changes proposed by the Council have been incorporated into the
attached levy resolution. New copies of the final budget are enclosed.
ACTION REQUIRED
Close the Truth in Taxation hearing and adopt Resolution No. 97 -
"RESOLUTION APPROVING FINAL 1997 TAX LEVY COLLECTIBLE IN 1997 AND
ADOPTING PROPOSED BUDGET FOR 1998".
LES:kkb
4
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97 -
RESOLUTION APPROVING FINAL 1997 TAX LEVY COLLECTIBLE IN 1 6ND
ADOPTING PROPOSED BUDGET FOR 1998
REAS, the City has previously adopted a Tentative Tax Levy Resolution
N . 96-68 hick was subject to revision at the time of the public hearing; and
WHEREAS, the City has conducted a public hearing on December 2, 1997
and a subsequent- hearing on December 16, 1997, on the tentative budget and tax
levy.
NOW -THEREFORE BE -/T RESOL VED-that-the-City-Council adopt -the -following
levy for tax against all taxable property in the City of Mendota Heights for
collection in the year 1997.
General Fund
$2,513,080
Emergency Prep.
$ 1,000
Fire Relief
$ 26,000
Infra Structure
$ 45,000
Legal & Contingency
$ 60.000
Levy Subject to Limitation $2,645,080
Less HACA and LPA Aid $ 381,672
$2,263,408
Special Debt Levies
Park Bonds
$ 320,000
MWCC Debt
$ 30,000
Improvement Bonds
$ 72,400
Equipment Cert.
$ 106.000
Total Special Levy
$ 528,400
Less HACA Aid
$ 90.229 $ 438.171
Net Certified Levy
$2,703,579
BE /T FURTHER RESOLVED that the Budget as proposed is deemed to be
practical and reasonable to maintain the City operations and is hereby approved.
The Clerk is hereby instructed to transmit a certified copy of this Resolution
to the Dakota County Treasurer -Auditor.
Adopted by the City Council of the City of Mendota Heights this 16th day of
December, 1997.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
LEVYFINA.RES
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Planning Case #97-39: Conditional Use Permit and Variances
Second Story to an Existing Detached Garage
Joseph Card, 644 Brookside Lane y
Discussion
Mr. Joseph Card of 644 Brookside Lane appeared before the Planning Commission at
their regular meeting on November 25, 1997 to discuss his application for a Conditional
w. T—_ Use -Permit and Variances -for an addition to his garage.which he -has. already built -without
a building permit. (Mr. Card did receive a building permit in 1992 to expand his garage,
but not in the manner in which he actually expanded the garage.) Mr. Card needs the
following retroactive approvals for his second story garage addition:
1. A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
(44 foot length x 22 foot depth x 2 story height = 1936 square foot total floor area, vs.
750 square foot floor area limit; 1,936-750 = 1,186)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2) and
Section 3.2(19) (18 feet actual - 15 feet limit = 3 feet)
Mr. Card would have also needed a 2 -foot side yard setback variance per Section 7.4(3)
of the zoning ordinance, but the Commission felt that any setback issues have already
been resolved in favor of Mr. Card because the City already approved all setbacks for the
garage in 1992 when the City granted Mr. Card a building permit for the new garage
footprint.
Background
Mr. Card received a building permit in 1992 to roughly double the size of his garage at
644 Brookside Lane by adding a portion to the west of his existing garage (see attached
elevation). The total floor area of the garage was approved to be 968 square feet, which
in 1992 was still allowed without a Conditional Use Permit. In 1995 the Zoning
Ordinance was amended to require a Conditional Use Permit for detached garages with a
floor area of 440 to 760 square feet.
The new portion of the garage was to have a roof on it, but was to remain only one story
in height. After receiving the building permit, Mr. Card did double the size of the garage
as approved, but never had a final inspection. This year, unbeknownst to City Staff, Mr.
Card added an entire second story to his garage for a dance studio for his son. Mr. Card
has neither applied for nor received a building permit for this second floor dance studio.
This unapproved addition first came to Staff s attention when one of Mr. Card's
neighbors returned from vacation in September of this year, discovered that Mr. Card had
added the second story to his garage, and notified the City.
Staff immediately instructed Mr. Card to cease construction and meet with planning staff
about his project. Mr. Card met with Staff on October 6, 1997 told Staff that the second
story was intended to be a practice studio for his son, an accomplished dancer. After
discussing with Staff the dimensions and locations of his house and garage, Mr. Card and
Staff arrived at the conclusion that Mr. Card had two options in applying for retroactive
permission for the garage addition. If Mr. Card wished to keep his expanded garage
detached from the house, he would need a Conditional Use Permit for a detached garage,
a variance for its height and a variance for its square footage. If, on the other hand, Mr.
Card would be willing to attach the garage to the rest of his house, he would not need a
Conditional Use Permit, or variances for height and square footage, but he would need a
2 -foot side yard setback variance. Mr. Card then applied for the Conditional Use Permit
and variances for a detached garage in time for the November meeting of the Planning
Commission.
The Planning Commission held a public hearing on this garage addition and several
neighbors objected to the garage addition. One neighbor supported the garage addition.
(Please see the minutes from the November 26, 1997 meeting of the Planning
Commission.)
Recommendation
At their regular meeting on November 26, 1997, Commissioner Duggan moved to
approve the Conditional Use Permit and Variances for the garage addition under the
following conditions: y v
That the exterior materials for the garage match the exterior materials for the house
That both floors of the garage be used for private use only
That the new garage be properly screened with landscaping
No-one seconded the motion. Commissioner Friel then moved to recommend that the
City Council deny the Conditional Use Permit and Variances on the following grounds:
I . that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the Qarage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet.
Please see the attached items of public record pertaining to this application including the
minutes from -the November 26, 1997 meeting of the -Planning Commission. Mr. Card's
neighbors across the alley, the Albus, have also submitted to Staff the attached
photographs of the rear of Mr. Card's garage as seen from their house.
Mr. Card will be present at the December 16, 1997 meeting of the City Council to discuss
this application. (Mr. Card was originally scheduled to attend the December 2, 1997
meeting of the Council, but he requested that this issue be continued to the December 16,
1997 meeting of the Council.)
Please also note that the 60 -day review period for Mr. Card's application will expire on
January_2,_l997 unless extended by_the-City.-----------
Action
heCity_._____,___,_______,_
Action Required
If the Council concurs with the Planning Commission's recommendation, the Council
may adopt the attached RESOLUTION 97-_: A RESOLUTION DENYING A
CONDITIONAL USE PERMIT AND VARIANCES FOR 644 BROOKSIDE LAME
FOR A GARAGE EXPANSION, making any revisions the Council deems necessary.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97-
A RESOLUTION DENYING A CONDITIONAL USE PERtti1IT
AND VARIANCES FOR 644 BROOKSIDE LANE
FOR A GARAGE EXPANSION
WHEREAS, Mr. Joseph Card of 644 Brookside Lane has applied for a
Conditional Use Permit and variances for a garage addition, as proposed on plans on file
in Planning Case No. 97-39; and01
`
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their November 25, 1997 meeting; and
WHEREAS, The Planning Commission voted 6-1 on November 25, 1997 to
recommend that the City Council deny this application.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the following Conditional Use Permit and variances for a
garage addition, as proposed on plans on file in Planning Case No. 97-39, are hereby
denied:
1. A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2)
These denials are made on the following basis:
that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the garage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet,
3. and that the garage is out of character with and detrimental to the surrounding
neighborhood
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the proposed Conditional Use Permit and Variances for a garage addition, as
proposed on plans on file in Planning Case �o. 97-39 Wouid have an adverse impact on
the health, safety or general welfare of the citizens of the community and the surrounding
land, and would be adverse to the general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 16th day of December, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto. Mayor
� City of
Mendota Heights
December 3, 1997
Joseph D. Card
644 Brookside Lane
Mendota Heights, Minnesota 55118
Dear Mr. Card:
Per your written request, the City Council, at their regular meeting on December 2, 1997,
voted 5-0 to continue discussion of your application for a Variance and a Conditional Use
Permit for your garage addition as described on plans on file in Planning Case File
Number 97-39 to their December 16, 1997 meeting. Please plan to attend this meeting.
The meeting begins at 7:30 p.m. in the Council Chambers at City Hall.
The City has also extended the 60 -day review period for this application for an additional
60 days. Since your application was first submitted on November 3, 1997, this means
that the total 120 -day review period for this application will expire on March 3, 1998. .
Sincerely,
Patrick C. Hollister
Administrative Assistant
1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940
city of
!AA, Ak Ak PA, A k JA Mendota Heights
December 3, 1997
To whom it may concern:
City Council discussion of the application by Mr. Joseph D. Card of 644 Brookside Lane,
Mendota Heights for a Variance and a Conditional Use Permit for a second -story garage
addition has been continued to the regular Council meeting on December 16, 1997. The
meeting begins at 7:30 p.m. in the Council Chambers at City Hall.- Questions' regarding,
this application may be directed to City Hall at 452-1850.
Patrick C. Hollister
Administrative Assistant
1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940
CITY OF MENDOTA HEIGHTS
MEMO
November 28, 1997
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Planning Case #97-39: Conditional Use Permit and Variances
Second Story to an Existing Detached Garage
Joseph Card, 644 Brookside Lane
Discussion
Mr. Joseph Card of 644 Brookside Lane appeared before the Planning Commission at
their regular meeting on November 25, 1997 to discuss his application for a_ Conditional
Use Permit and -Variances for Fan to gara
Iiis ge which heas al
hready built Vwithout
a building permit. (Mr. Card did receive a building permit in 1992 to expand his garage,
but not in the manner in which he actually expanded the garage.) Mr. Card needs the
following retroactive approvals for his second story garage addition:
1. A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
(44' length x 22 foot depth + 2 story height = 1936 square foot total floor area, vs.
750 square foot floor area limit; 1,936-750 =1,186)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2) and
Section 3.2(19) (18 feet actual - 15 limit = 3 feet)
Mr. Card would have also needed a 2 -foot side yard setback variance per Section 7.4(3)
of the zoning ordinance, but the Commission felt that any setback issues have already
been resolved in favor of Mr. Card because the City already approved all setbacks for the
garage in 1992 when the City granted Mr. Card a building permit for the new garage
footprint.
Background
Mr. Card received a building permit in 1992 to roughly double the size'of his garage at
644 Brookside Lane by adding a portion to the west of his existing garage (see attached
elevation). The total floor area of the garage was approved to be 968 square feet, which
in 1992 was still allowed without a Conditional Use Permit. In 1995 the Zoning
Ordinance was amended to require a Conditional Use Permit for detached garages with a
floor area of 440 to 750 square feet.
The new portion of the garage was to have a roof on it, but was to remain only one story
in height. After receiving the building permit, Mr. Card did double the size of the garage
as approved, but never had a final inspection. This year, unbeknownst to City Staff, Mr.
Card added an entire second story to his garage for a dance studio for his son. Mr. Card
has neither applied for nor received a building permit for this second floor dance studio.
This unapproved addition first came to Staffs attention when one of Mr. Card's
neighbors returned from vacation in September of this year, discovered that Mr. Card had
added the second story to his garage, and notified the City.
Staff immediately instructed Mr. Card to cease construction and meet with planning staff
about his project. Mr. Card met with Staff on October 6, 1997 told Staff that the second
story was intended to be a practice studio for his son, an accomplished dancer. After
discussing with Staff the dimensions and locations of his house and garage, Mr. Card and
Staff arrived at the conclusion that Mr. Card had two options in applying for retroactive
permission for the garage addition. If Mr. Card wished to keep his expanded garage
-de—lEic-he--d-i�o—r�—the —house, he would need a Conditional Use Permit for a detached garage,
a variance for its height and a variance for its square footage. If, on the other hand, Mr.
Card would be willing to attach the garage to the rest of his house, he would not need a
Conditional Use Permit, but would still require a variance for its height. Mr. Card then
applied for the Conditional Use Permit and variances for a detached garage in time for the
November meeting of the Planning Commission.
The Planning Commission held a public hearing on this garage addition and several
neighbors objected to the garage addition. One neighbor supported the garage addition.
(Please see the minutes from the November 25, 1997 meeting of the Planning
Commission elsewhere in this agenda packet.)
Recommendation
At their regular meeting on November 25, 1997, Commissioner Duggan moved to
approve the Conditional Use Permit and Variances for the garage addition under the
following conditions:
1. That the exterior materials for the garage match the exterior materials for the house
2. That both floors of the garage be used for private use only
3. That the new garage be properly screened with landscaping
No-one seconded the motion. Commissioner Friel then moved to recommend that the
City Council deny the Conditional Use Permit and Variances on the following grounds:
that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the garage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet.
Please see the attached items of public record pertaining to this application and the
minutes from the November 25, 1997 meeting of the Planning Commission contained in
the agenda packet. Mr. Card will be present at the December 4, 1997 meeting of the City
Council to discuss this application.
Action Required
If the Council concurs with the Planning Commission's recommendation, the Council
may adopt the attached RESOLUTION 97-_: A RESOLUTION DENYING A
CONDITIONAL USE PERMIT AND VARIANCES FOR 644 BROOKSIDE LANE
FOR A GARAGE EXPANSION, making any revisions the Council deems necessary.
ti
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA,
RESOLUTION NO. 97 --
A
7 --
A RESOLUTION DENYING A CONDITIONAL USE PE1UNIIT
AND VARIANCES FOR 644 BROOKSIDE LANE
FOR A GARAGE EXPANSION
WHEREAS, Mr. Joseph Card of 644 Brookside Lane has applied for a j
Conditional Use Permit and variances for a garage addition, as proposed on plans on file
in Planning Case No. 97-39; and
1
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their November 25, 1997 meeting; and
}
r
WHEREAS, The Planning Commission voted 6-1 on November 25, 1997 to
recommend that the City Council' deny this application.
NOW, THEREFORE, IT IS HEREBY RESOLVED by_the_City.Council of the----
_ City of Mendota Heights'thafthe"following Conditional Use Permit and variances for a
garage addition, as proposed on plans on file in Planning Case No. 97-39, are hereby
denied:
L A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2)
These denials are made on the following basis:
that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the garage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet,
3. and that the garage is out of character with and detrimental to the surrounding
neighborhood
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the proposed Conditional Use Permit and Variances for a garage addition, as
- proposed on plans on file in Planning Case No. 97-39 would have an adverse impact on
the health, safety and general welfare of the citizens of the community and the
surrounding land, and would be adverse to the general purpose and intent of the Zoning
Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 2nd day of December, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
December 3, 1997
Joseph D. Card
644 Brookside Lane
Mendota Heights, Minnesota 55118
Dear Mr. Card:
Mendota
City of
Heights
Per your written request, the City Council, at their regular meeting on December 2, 1997,
voted 5-0 to continue discussion of your application for a Variance and a Conditional Use
Permit for your garage addition as described on plans on file in Planning Case File
Number 97-39 to their December 16, 1997 meeting. Please plan to attend this meeting.
The meeting begins at 7:30 p.m. in the Council Chambers at City Hall.
The City has also extended the 60 -day review period for this application for an additional
60 days. Since your application was first submitted on November 3, 1997, this means
that the total 120 -day review period for this application will expire on March 3, 1998.
Sincerely,
Patrick C. Hollister
Administrative Assistant
1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940
!AA
�City of
�..� Mendota Heights
December 3, 1997
To whom it may concern:
City Council discussion of the application by Mr. Joseph D. Card of 644 Brookside Lane,
Mendota Heights for a Variance and a Conditional Use Permit for a second -story garage
addition has been continued to the regular Council meeting on December 16, 1997. The
meeting begins at 7:30 p.m. in the Council Chambers at City Hall.- Questions regarding,
this application may be directed to City Hall at 452-18.50.
Patrick C. Hollister
Administrative Assistant
1101 Victoria Curve . Mendota Heights, MN - 55118 (612) 452-1850 • FAX 452-8940
CITY OF MENDOTA HEIGHTS
MEMO
November 28, 1997
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Planning Case #97-39: Conditional Use Permit and Variances
Second Story to an Existing Detached Garage
Joseph Card, 644 Brookside Lane
Discussion
Mr. Joseph Card of 644 Brookside Lane appeared before the Planning Commission at
their regular meeting on November 25, 1997 to discuss his application for a Conditional
Use -Permit -and Variances for an addition to -his -garage which -he has already built -without
a building permit. (Mr. Card did receive a building permit in 1992 to expand his garage,
but not in the manner in which he actually expanded the garage.) Mr. Card needs the
following retroactive approvals for his second story garage addition:
1. A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
(44' length x 22 foot depth + 2 story height = 1936 square foot total floor area, vs.
750 square foot floor area limit; 1,936-750 = 1,186)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2) and
Section 3.2(19) (18 feet actual - 15 limit = 3 feet)
Mr. Card would have also needed a 2 -foot side yard setback variance per Section 7.4(3)
of the zoning ordinance, but the Commission felt that any setback issues have already
been resolved in favor of Mr. Card because the City already approved all setbacks for the
garage in 1992 when the City granted Mr. Card a building permit for the new garage
footprint.
Background
Mr. Card received a building permit in 1992 to roughly double the size of his garage at
644 Brookside Lane by adding a portion to the west of his existing garage (see attached
elevation). The total floor area of the garage was approved to be 968 square feet, which
in 1992 was still allowed without a Conditional Use Permit. In 1995 the Zoning
Ordinance was amended to require a Conditional Use Permit for detached garages with a
floor area of 440 to 750 square feet.
The new portion of the garage was to have a roof on it, but was to remain only one story
in height. After receiving the building permit, Mr. Card did double the size of the garage
as approved, but never had a final inspection. This year, unbeknownst to City Staff, Mr.
Card added an entire second story to his garage for a dance studio for his son. Mr. Card
has neither applied for nor received a building permit for this second floor dance studio.
This unapproved addition first came to Staff's attention when one of Mr. Card's
neighbors returned from vacation in September of this year, discovered that Mr. Card had
added the second story to his garage, and notified the City.
Staff immediately instructed Mr. Card to cease construction and meet with planning staff
about his project. Mr. Card met with Staff on October 6, 1997 told Staff that the second
story was intended to be a practice studio for his son, an accomplished dancer. After
discussing with Staff the dimensions and locations of his house and garage, Mr. Card and
Staff arrived at the conclusion that Mr. Card had two options in applying for retroactive
permission for the garage addition. If Mr. Card wished to keep his expanded garage
detached -from -the -house, -he -would need -a Conditional -Use Pen.miffor a detached -garage; -
a variance for its height and a variance for its square footage. If, on the other hand, Mr.
Card would be willing to attach the garage to the rest of his house, he would not need a
Conditional Use Permit, but would still require a variance for its height. Mr. Card then
applied for the Conditional Use Permit and variances for a detached garage in time for the
November meeting of the Planning Commission.
The Planning Commission held a public hearing on this garage addition and several
neighbors objected to the garage addition. One neighbor supported the garage addition.
(Please see the minutes from the November 25, 1997 meeting of the Planning
Commission elsewhere in this agenda packet.)
Recommendation
At their regular meeting on November 25, 1997, Commissioner Duggan moved to
approve the Conditional Use Permit and Variances for the garage addition under the
following conditions:
1. That the exterior materials for the garage match the exterior materials for the house
2. That both floors of the garage be used for private use only
3. That the new garage be properly screened with landscaping
No-one seconded the motion. Commissioner Friel then moved to recommend that the
City Council deny the Conditional Use Permit and Variances on the following grounds:
that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the garage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet.
Please see the attached items of public record pertaining to this application and the
minutes from the November 25, 1997 meeting of the Planning Commission contained in
the agenda packet. Mr. Card will be present at the December 4, 1997 meeting of the City
Council to discuss this application.
Action Required
If the Council concurs with the Planning Commission's recommendation, the Council
may adopt the attached RESOLUTION 97-_: A RESOLUTION DENYING A
CONDITIONAL USE PERMIT AND VARIANCES FOR 644 BROOKSIDE LANE
FOR A GARAGE EXPANSION, making any revisions -the Council deems necessary.
CITY OF MENDOTA HEIGHTS `
DAKOTA COUNTY, MINNESOTA
R�
RESOLUTION NO. 97- vl;
A RESOLUTION DENYING A CONDITIONAL USE PERMIT
AND VARIANCES FOR 644 BROOKSIDE LANE
FOR A GARAGE EXPANSION
WHEREAS, Mr. Joseph Card of 644 Brookside Lane has applied for a
Conditional Use Permit and variances for a garage addition, as proposed on plans on file
in Planning Case No. 97-39; and
. 1
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their November 25, 1997 meeting; and
WHEREAS, The Planning Commission voted 6-1 on November 25, 1997 to
recommend that the City Council deny this application.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City_of i�fendota_Heights-that-the-following-Conditional-Use Permit and variances for a
garage addition, as proposed on plans on file in Planning Case No. 97-39, are hereby
denied:
L A Conditional Use Permit for a detached garage per Section 7.2(10)
2. A 1,186 square foot variance to the size limit for detached garages per Section 7.2(10)
3. A 3 foot variance to the height limit for accessory structures per Section 4.5(2)
These denials are made on the following basis:
1. that the applicant had not demonstrated a hardship as required for a Variance by the
Zoning Ordinance,
2. that the garage as proposed was unreasonably beyond City zoning requirements both
in height and in square feet,
3' and that the garage is out of character tivith and detrimental to the surrounding
neighborhood v
BE IT FURTHER RESOLVED by the Citv Council of the City of Mendota
Heights that the proposed Conditional Use Permit and Variances for a garage addition, as
proposed on plans on file in Planning Case No. 97-39 would have an adverse impact on
the health, safety and general welfare of the citizens of the community and the
surrounding land, and would be adverse to the general purpose and intent of the Zoning
Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 2nd day of December, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
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Td WUE?:ZT L66T SE 'ON 3NOHcd WOad
1, 2AA I ?iA JAA
November 26, 1997
Joseph D. Card
644 Brookside Lane
Mendota Heights, Minnesota 55118
Dear Mr. Card:
City of
J%endota Heights
The Planning Commission voted 6-1 on November 25, 1997 to recommend that�ihe City
Council deny your application for a Variance and a Conditional Use Permit for your
garage addition as described on plans on file in Planning Case File Number 97-39. The
City Council will now discuss your application at their regularly schedul,ed meeting on
December 2, 1997. Please plan to attend his meeting. The meeting begi--is at 7:30 p.m.
in the Council•Chambers at City Hall.
Sincerely,
G
Patrick C. Hollister
Administrative .Assistant
1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, MN 55447 Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
MEMORANDUM
TO: Planning Commissioners of Mendota Heights
FROM: Meg McMonigal, City PlanneW5111,
SUBJECT: Variances and Conditional Use Permit for a Private Detached
Garage; Case No. 97-39
APPLICANTS: Joe and Pam Card
—L OCATION:— 644 -Brookside
DATE:
MEETING DATE:
ZONING:
GUIDE PLAN:
Description of Request
November 18, 1997
November 25, 1997
R-1, Single Family Residential
R-1, Single Family Residential
The Cards recently added a second story to their garage for a dancing studio for their son. They
are requesting approval of a Conditional Use Permit (CUP) for the garage addition, as well as
variances to height, size and sideyard setback requirements.
The garage was in size conformance with the Ordinance at the time it was originally built (22' x
44' = 968 sq. ft.). A CUP is now required for detached garages with a floor area of 440 to 750
square feet [Section 7.2(10)]. A variance is requested for size over 750 square feet, an additional
five (5) feet in height, from 15 feet to 20 feet, and for a two (2) feet variance to the required side
yard setback of ten (10) feet. The Zoning Ordinance requires a ten (10) foot side yard setback in
the R-1 District [Section 7.4(3)].
,Review Criteria
Conditional Use Permit. The Zoning Ordinance recognizes "there are special uses which,
because of their unique characteristics, cannot be properly classified in any district or districts
without consideration in each case of the impact of those uses on neighboring land or the public
An Equal Opportunity Employer
City of Mendota Heights Planning Commission
Card Variance Request
November 25, 1997
Page 2
need for the particular location." A CUP allows these special uses while imposing certain
conditions to insure that the purpose and intent of the Ordinance is carried out [Section 5.6(1)].
Variance. A variance from the strict application of the Ordinance is allowed where there are
practical difficulties or undue hardships. The Ordinance reads, "Undue hardship as used in
connection with the granting of a variance means the property in question cannot be put to a
reasonable use if used under conditions allowed by this Ordinance and the hardship is due to
circumstances unique to the property, not created by the landowner, and the variance, if granted,
will not alter the essential character of the neighborhood" [Section 5.5(1)].
The variance criteria is outlined in the Zoning Ordinance [Section 5.5(5)], and includes: (1)
special conditions apply to the structure or land in question that are peculiar to such property and
do not apply generally to other land or structures in the same district; (2) variance is necessary
for the preservation and enjoyment of property; (3) adequate supply of light and air will be
-available -to •adjacent property; -(4) -the -congestion of public -streets -will -not be'reasonably`--
increased; (5) the danger of fire or public safety will not be increased; (6) property values will
not be impaired in the surrounding area; (7) health, safety, comfort or morals will not be
impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue
hardship or difficulty.
Evaluation of Request
Conditional Use Permit - The addition of the attic was made to an existing garage structure that
was in size conformance with the Ordinance at the time it was originally built. However, it is
now a non -conforming structure. The Ordinance allows the normal maintenance or necessary
alterations "which do not intensify the non -conforming use" [Section 4.3(9)], or increase the
"bulk of the building" [Section 4.3(10)]. This addition has intensified the use and bulk of the
building.
Variances - The applicant has not demonstrated an undue hardship or practical difficulty for a
variance to the size; height and location of the garage . No special conditions that apply to this
particular property have been identified; the addition is not necessary for the preservation and
enjoyment of the property, and it may impact the adjacent property.
Action Requested.-
Mr.
equested.
Mr. John Alhu contacted the City to invite Planning Commission members to view the garage
addition from his home at 6411stAvenue.
The Planning Commission can recommend:
(1) Approval
(2) Approval with conditions
(3) Denial
City of Mendota Heights Planning Commission
Card Variance Request
November 25, 1997
Page 3
Planning. Staff Recommendation;
Staff recommends the Card's request for a Conditional Use Permit and variances be denied
because this addition is an expansion of a non -conforming use, and a hardship has not been
demonstrated for the requested variances. This situation is complicated by the fact that the
external improvements to the detached garage have already been completed; however the
applicants did not seek a building permit, which would have triggered this review prior to any
new construction.
If the Planning Commission recommends approval of this request, provisions should
ensure that the accessory building will only be used for private, personal dance rehearsals,
not be used as a practice facility for small or large groups or as a dance business and not
be used as a home occupation office or living quarters.
REVIEWED: 1. Application for consideration of a Planning Request, signed and dated
November 6, 1997.
2. Letter of Intent from Joe, Pam and Trump Card, dated November 6,
1997.
3. Drawings showing the location and a section of the garage and addition.
4. Photos of garage addition.
M1jACity of
Mendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No.
Date of Application
Fee Paid
Applicant Name: C�i �c=� ri7•5-c(>
(Last) (First) (?V11)
Address:%c%G Y3' , h tZ�� �! LY/".�. / • 1 1 �l ����1
(Number & Street) (City) (State) (Zip)
Owner Name: �l �`� �/c: s.L-7
/ (Last) / �(First) (Mn
Address:(i .' ��, �!� �'� !-•—— �� r; ti jr /l --
T
(Number & Street) (City) (State) (Zip)
Street Location of Property in Question: �`�1�' �c - �•�-i z -'t
Legal Description of Property: -S/n : z j
Type of Request:
Rezoning O ✓ Variance
-k'— Conditional Use Permit Subdivision ApprovLt
Conditional Use Permit for P.U.D. Wetlands Permit
Plan Approval Other (attach explanation)
Comprehensive Plan Amendment
Applicable City Ordinance Number 7,260) 7• ` '1Section
Present Zoning. of Property Present Use
Proposed Zoning of Property Proposed Use
I hereby declare that all statements made in this request and o the additional
material are true. �� � //•_— —
(Sim .ature of Dp11CanI)
1113 Av7
(Date)
(Received by - Title)
1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940
(9 1 -7 u, ccC 5 •d{ 4--7
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Playing his Mendota Heights
Tfu boy cast in movie
filming in the
�m Twin Cities
...................................................................
By Jeff Desannoy
Minnesota Sun Publications
ging his hair red isn't
the only unpleasant part
of acting for Nicholas
Card. Bullies beat him up Sept.
9 at Homecroft Elementary
School in St. Paul and a produc-
tion crew filmed it.
The 10 -year-old Mendota
Heights actor plays a young
version of Eddie, the main
character in "The Naked Man,"
an independent feature filming
in the Twin Cities for six
is a fourth -grad-
er at St.
Joseph's School
in West St.
Paul.
He enjoyed
13it��iT i filming the
fight scene
where he is shoved around,
picked up by his underwear and
thrown through the air. "I was
falling down and screaming,"
Trump said.
"It was fun, but I don't like
getting beat up." day and a wrestler by night. "Beautiful Girls" and "True Ro-
He has at le
weeks. ast six scenes in Rapaport has starred in sever- mance."
the film. al smaller Hollywood roles, in- "It's a weird movie," said
Nicholas, called Trump or "The Naked Man" stars cluding the murderous skin- Trump's mother, Pam Card.
Trumpie by his friends and fam- Michael Rapaport as Eddie head in "Higher Learning," Su-
- ily and named -by -his -father, Joe,---.Bliss,-who-is a chiropractor by— perboy- in -"Copland," and -in— ACTOR, To,Page 22A
Jan Abbotffinnesota Sun Pubficakm
Nicholas "Trump" Card, 10, dances at Larkin Studio in Maplewood.
Actor: `Naked Man' script co -written by Ethan
From Page 1A
The script was co -written by Ethan
Coen, the producer and writer of"Fargo,"
and "The Naked Man" director J. Todd
Anderson.
Film locations have included Como
Park and the Army Corps of Engineers
Building in St. Paul, the Veterans Ad-
ministration Hospital in Minneapolis
and the Deephaven Education Center.
The production includes more than 40
local actors and 60 local crew members.
Trump is excited to have a part.
He was planning his second day of
filming Sept. 16 to complete the fight
scene. "That's where I jump off the tram-
poline, fly through the air and land on a
mat," Trump said.
Trump's first movie role was as an
extra in "Feeling Minnesota," which was
filmed partly in Minneapolis.
"I got to meet Keanu Reeves," Trump
said. "I got his autograph."
"My first acting try out was for a cere-
al commercial and I did not want to go,"
Trump said. "I don't remember what I did
but I walked out." The next year he got
more interested in acting.
"I like the food," Trump said. "They
cater it and I can eat all the time." He also
enjoys having members of the movie crew
wait on him. "They're always saying,
"Are you hungry? Do you need a drink?'"
In addition to feeding Trump, the pro-
duction crew works carefully with him —
they clear everything with his mother be-
fore Trump does anything.
"I don't worry about him acting in this
movie. Because it's filmed here in the
Twin Cities and most of the crew is from
here, I don't worry much," she said. "Had
he been acting in Los Angeles or New
York, that would be a different story."
Before Trump could act in the movie,
Card signed child labor and tax forms for
her son.
"The production company is real orga-
nized," Card said. "Every day I get a
sheet of what's happening in each scene
and directions to the set." Trump has
missed three days of school while filming
scenes.
In addition to acting, Trump likes to
dance and perform in front of people,"
Card said. "I think that's what started his
interest in acting. I figured we would try
it and see how it went. I figured 'What-
ever happens, happens.'"
Although he wants to be in action
movies someday, Trump enjoys dancing.
He dances tap, ballet and jazz at Larkin
Dance Studio in Maplewood, where six
other bovs are in his class. He's attended
for five years. Every year in a competition
he dances a solo.
Gymnastics, dancing, football, base-
ball and hockey also receive Trump's at-
tention and participation. "I like to keep
busy," he said.
"We make sure he has free time to do
nothing, so he knows you don't always
have to be doing something," Card
said.
Trump, an only child, still takes time
to act his age: He likes to play in his fort,
paint and draw, but he also looks forward
to the future. "I want to go to New York
and dance someday," he said.
"I've put on quite a bit of miles," Card
said. She has averaged 25,000 miles the
last two years as she has driven Trump to
his extra -curricular activities.
Even though acting allows Trump to
work in a world run by adults, he still
gets treated his age. Card said "The
Naked Man" will be rated R. "You can
only see the little part you're in," Card
told her sbn. Trump disagreed.
In addition to 'Dump, there are five
children from southern suburbs in the
movie.
Tracy Christofore, 9, of Eagan plays
the girl who tells a teacher bullies are
beating up Trump. Tracy also appeared
in another movie shot in the Twin
Cities, "Jingle All the Way," starring
Arnold Schwarzenegger, Phil Hartman
and Sinbad. After filming her scene in
"The Naked pian," Tracy took questions
from Homecroft Elementary School stu-
dents who were allowed to watch the
filming.
Nick Britt and Jon Roslansky, both 17
and from, Burnsville, took part in the
filming of the wrestling day at the Deep -
haven Education Center.
Jesse Nforse of Lakeville and Megan
Crosby of Burnsville have roles in the
film.
Marion Schniegenberg, associate pro-
ducer of "The Naked Nlan,' said the re-
lease date of the film will be determined
in 1998.
NOV-04-97 10:37AM FROM- Independent Abstracting Services, Inc. 6127899294 T-798 P.02/25 F-509
Independent Abstracting Services, Inc.
WP 4111 Central Avenue NE
Minneapolis, Minnesota 55421
612-789-8440
FAX 612-789-9294
Abstracters Certificate
LEGAL: Lots 1 and 2, Blcck 1, T. T. Smith's Subdivision No. s.
Independent Abstracting Services, Inc. does hereby certify that it has
made a search of the public records -of Dakota County, Minnesota and
disclose the names a,:d addresses of the apparent owners within a radius
of 350 feet of the above referenced property which consist of entries
numbered 1 thru 22, inclusive, on Exhibit "All attached hereto.
Dated this 20th of October 1997
Independent Abstracting Services, Inc.
EXHIBIT "A"
FEE OWNER
1. Timothy J. and Amy M. McManus
655 Brookside Lane
Mendota Heights, MN 55118
2. Ind. School Dist. 197
1037 Bidwell Street
Mendota Heights, MN 55118
PID# 27-69702-162-02
Taxpayer: Same
Property Address: Same
PID# 27-69702-151-01
Taxpayer: Same
Property Address: Same
3. John P. and Ella -D.
Albu
PID# 27-69703-081-01
641 1" Avenue
Taxpayer: Same
Mendota Heights; MNT55118----Property
-Addres q'i Same
4. John P. and Ella D.
Albu
PID# 27-69703-090-01
641 1" Avenue
Taxpayer: Same
Mendota Heights, MN
55118
Property Address: Same
5. Warren J. Jr. and Joan Robinson
660 Brookside Lane
Mendota Heights, MN 55118
6. Domenico A. and Anne Pagnotta
657 1" Avenue
Mendota Heights, MN 55118
7. Rod Felsheim and
Aarti Bhate - Felsheim
650 lsc Avenue
Mendota Heights, MN 55118
8. Jack A. Harris
646 ls` Avenue
Mendota Heights, MN 55118
�. David W. and Catherine Wolff
644 1st Avenue
Mendota Heights, MN 55118
PID# 27-69702-020-05
Taxpayer: Same
Property Address: Same
PID# 27-69702-160-05
Taxpayer: Same
Property Address: Same
PID# 27-69703-020-02
Taxpayer: Same
Property Address: Same
PID# 27-69703-030-02
Taxpayer: Same
Property Address: Same
PID# 27-69703-040-02
Taxpayer: Same
Property Address: Same
10. Stanley A. and Amanda J. Uggen
1415 Dodd Road
Mendota Heights, MN 55118
11. Theodore and Mary Cruz
1435 Dodd Road
Mendota Heights, MN 55118
12. James M. and Mary M. Ziemer
641 2nd Avenue
Mendota Heights, MN 55118
____-13-.- Christ-ian–and–Sandra-Hinding
1395 Dodd Road
Mendota Heights, MN 55118
14. Robert J. and Carole Holt
1385 Dodd Road
Mendota Heights, MN 55118
15. Robert H. Shulstad
1399 Dodd Road
Mendota Heights, MN 55118
16. Sommerset Country Club
1416 Dodd Road
Mendota Heights, MN 55118
17. Independent School District No. 197
1037 Bidwell Street
Mendota Heights, MN 55118
18. Robert B. and Lynn M. Krueger
646 Brookside Lane
Mendota Heights, MN 55118
19. Elizabeth Anne Crea
650 Brookside Lane
Mendota Heights, MN 55118
PID# 27-69703-080-02
Taxpayer: Same
Property Address: Same
PID# 27-69703-110-02
Taxpayer: Same
Property Address: Same
PID# 27-69703-130-02
Taxpayer: Same
Property Address: Same
PID#`27-69703-051-01
Taxpayer: Same
Property Address: Same
PID# 27-69703-030-01
Taxpayer: Same
Property Address: Same
PID# 27-69703-070-01
Taxpayer: Same
Property Address: Same
PID# 27-03800-010-54
Taxpayer: Same
Property Address: Same
PID# 27-03800-010-23
Taxpayer: Same
Property Address: Same
PID# 27-69702-050-06
Taxpayer: Same
Property Address: Same
PID# 27-69702-070-06
Taxpayer: Same'
Property Address: Same
20. William and Iva Ullman PID# �27-69702-080-06
651 1St Avenue Taxpayer: Same
Mendota Heights, MN 55118 Property Address: Same
21
Robert and Majorie Licha
649 1St Avenue
Mendota Heights, MN 55118
PID# 27-69702-090-06
Taxpayer: Same
Property Address: Same
22. Kevin D. and Marla Okeefe PID# 27-69702-110-06
645 1St Avenue Taxpayer: Same
Mendota Heights, MN 55118 Property Address: Same
4 TA C 0
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City of Mendota Heights
Conditional Use Permit Checklist
Date:
Applicant:
Phone # / Fax #:
Location of Property:
Other Approvals Needed:
Case No:
Relevant Ordinances/Sections
CITY PROCESS
Applications will be scheduled for consideration by the Planning Commission and/or the
City Council only after all required materials have been submitted. Late or incomplete
applications will not be put on the agenda.
If_proper-ann-complete application materials -and -supportive -documents -are -submitted -by
(date) then the public hearing or review of your case will be
con ucted by the Planning Commission on C (^ �� � (date). Following
completion of the public hearing, or Planning Commission review, the City Council may
consider your application on i (date).
APPLICANT REQUIREMENTS
The following materials must be submitted for the application to be considered complete:
a. Fee: ($350 Normal, 500 for Planned Unit Development)
►Lb. Completed Application Form
,+-nLc. Letter of Intent
d. Abstract Listing of owners located within 350 feet of property.
By State Law, this must be provided and certified by an Abstract Company.
All applications for a conditional use permit which are initiated by the petition of the
owner or owners of the property in question shall be filled with the City Clerk no later
than twenty-one (2 1) days preceding the next regularly scheduled Planning Commission
building.
All applications for a conditional use permit shall be accompanied by twenty (20) copies
of a set of plans and graphics containing the following information and folded, where
necessary, to the size of eight and one-half by eleven (8 1/2 x 11) inches.
The Site Development Plan shall include:
I�tff 1. Location of all buildings on the property in question including both existing and
proposed structures.
2. Location of all adjacent buildings located within three hundred fifty (350) feet of
the exterior boundaries of the property in question.
T. Floor area ratio. '
-1�'�/
hr- 3)
IOW- tor Wft
4. Location and number of existing and proposed parking spaces.
5. Vehicular circulation.
-7 6. Architectural elevations (type and materials used of all external surface).
i` r
7. Sewer and water alignment, existing and proposed.
N 8. Location and candle power of all illuminaries.
UJI 9. Location of all existing easements.
1
The Dimension Plan shall include:
�1. Lot dimensions and area.
-�,tc- 2. Dimensions of proposed and existing structures.
,J- hL3. "Typical" floor plan and "typical" room plan. OJ
1�c_4. Setbacks on all buildings located on property in question.
5. Proposed setbacks.
The Grading Plan shall include:
AL�J 1. Existing contour.
2. Proposed grading elevations.
/V 3. Drainage configuration.
/ 4. Storm sewer catch basins and invert elevations.
2
The 5. Spot elevations.
E6. Proposed road profile.
The Landscape Plan shall include:
off 1. Location of all existing trees, type, diameter and which trees will be removed.
i
2. Location, type and diameter of all proposed plantings.
1 3. Location and material used of all screening devices.
Note: Dated originals plus twenty dated copies of all of the above materials, including
this checklist, must be submitted in person to Kim Blaeser, Senior Secretary by noon on
the first Tuesday of the month. All materials larger than 8'/•_" x 11" must be folded to that
size.
(Note: Copies of this completed form will be given to both the applicant and the Senior
Secretary.)
Notes:
City of Mendota Heights
Variance Checklist
Date of Pre -Application Meeting:
Applicant:
Phone # / Fax #:
Location of Property:
Other Approvals Needed:
Case No:
Relevant Ordinances/Sections
CITY PROCESS
��CUF��-VA���_
vov v�r�
Applications will be scheduled for consideration by the Planning Commission and/or the
City Council only after all required materials have been submitted. Late or incomplete
applications will not be put on the agenda.
if proper -and complete_application_materials and_supportive_documents_are_submitted_by
—j-� -% (date) then the public hearing or review of your case will be
conducted by the Planning Commission on (date). Following
completion of the public hearing, or Planning Commission review, the City Council may
consider your application on ' % (date).
APPLICANT REQUIREMENTS
The following materials must be submitted for the application to be considered complete:
a. Fee 50 Residential, $100 Commercial)
:r6cb. Completed and Signed Application Form
c. Letter of Intent summarizing the proposal, including an explanation of hardship or
practical difficulty justifying the variance.
9c d. Abstract Listing of owners located within 100 feet of property.
By State Law, this must be provided and certified by an Abstract Company.
,c e. Sketch plan showing all pertinent dimensions, and including the location of any
easements, having an influence upon the variance request.
f. Written consent by the owners of property within 100 feet of the boundaries of the
property for which the variance is requested, accompanied by a map indicating the
location of the property in question and the location of property owners who have
given consent. If the signatures of all neighbors within 100 feet of the property in
item (f) are not obtained by _ 'r then the City will mail a notice to all
residents within 100 feet of the owner'srope at least 10 days in advance of the
Planning Commission meeting on . The Planning Commission
will open a public hearing at the meeting and allow residents to speak on the
subject of the Variance. If the signatures in item (f) are obtained by
, then the City will not mail notices to all neighbors within 100 feet
of the property and the Planning Commission may waive the Public Hearing at its
meeting onr ' 7if it so chooses. There is no publishing requirement
for a Variance.
g. If topography or extreme grade is the basis on which the request is made, all
topographic contours shall be submitted.
h. If the application involves a cutting of a curb for a driveway or grading a
driveway, the applicant shall have his plan approved by the City's Public Works
Director.
Dated originals plus twenty dated copies of all of the above materials, including this
checklist—must_be_submitted_in_ person to Kim
aforementioned date. All materials larger than 8%" x 11" must be folded to that size.
(Note: Copies of this completed form will be given to both the applicant and the Senior
Secretary.)
Notes:
5-0 -4-21 < Wq
2
FROM PHONE NO. Nov. 25 1997 12:23RM P1
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C h ci � ��� h-, •e, � /
1jn 2 rr) O 1 dv,.y7l
CITY OF MENDOTA HEIGHTS
rI#LIU, W
December 2, 1997
TO: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Add On Agenda for December 2 City Council Meeting
Information originally indicated as being available on Tuesday is submitted for
Council review - please see items 5i and 9d. M. One item has been removed from
the -agenda - item 9c. One new item has been added to the agenda. Please see
item 9e (**).
3. Agenda Adoption
It is recommended that Council adopt the revised agenda printed on blue
paper.
5i. Approval of Delinquent Sewer Resolution:: RESOLUTION NO. 97-80.
Please see the attached resolution.
9c. Case No. 97_39: Card = CUP.
Mr. Joseph Card has requested that this item be tabled until Council's
December 16th regular meeting (please see attached letter).
9d. Discuss CDBG Application:: Status Report Qn Rehabilitation Loan Program.
Please see attached information.
9e. Discuss !SD No. 197 Proposal for an Activity Center.
Please see attached information.
KLB:kkb
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1997
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public Works Directo v I
v
SUBJECT Final Plat Approval - Mendota Technology Center
DISCUSSION:
At the August 5, 1997 meeting, City Council approved a Conditional Use Permit for a
Planned Unit Development for United Properties' Mendota Technology Center Development.
At that meeting, Council also approved authorization for Staff to issue a building permit to
allow construction to begin for the first of five buildings to be constructed underthis Planned
Unit Development._This Phase I building_is a two story,_59,450 square_foot_offce building_
that is currently under construction.
The final plat for the Mendota Technology Center PUD was recently submitted for
approval and is attached. It was discovered during a review of the plat, that some additional
easements need to be added, and that some minor lot line adjustments need to be made.
Because of the tax implications if the plat is not filed before the end of the year, the owner
would like to have final plat approval be considered this meeting. The above changes are
being made by the surveyor and an amended plat will be provided as an add-on to the agenda
the night of the meeting.
Park Dedication Fee
The City's Park Contribution Formula (attached) requires that a 10% of market value
contribution be made to the City in the case of Industrial zoned replats. Although a previous
contribution was made by United Properties many years ago when the land was first platted,
City's policy requires that an additional contribution be made at this time. Staff submits the
following proposal for Council consideration:
This plat involves the replatting of four existing Industrial lots into five new lots and an
outlot. The outlot is being reserved for potential use by Northland Insurance Company for an
expansion. According to the County Assessor, the average value of each of the four existing
lots is $402,500. The average value of the five new lots and the outlot is $268,000. Staff
suggests that the City charge United Properties a 10% park dedication fee now for the one
newly created lot and for the outlot when it develops in the future. The Park Dedication fee in
this scenario would be $26,800 now and $26,800 when Outlot A develops or a total of
$53,600.
RECONINIENDATION:
I recommend that the Mendota Technology Center Plat be approved as submitted.
Determine a Park Dedication fee amount, and then if Council desires to implement the
recommendation, pass a motion adopting Resolution No. 97- , "A RESOLUTION
APPROVING THE FINAL PLAT FOR-MENDOTA TECHNOLOGY CENTER"
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97-
A RESOLUTION APPROVING THE FINAL PLAT FOR
MENDOTA TECHNOLOGY CENTER
WHEREAS, a final plat for Mendota Technology Center has been submitted to the
City Council; and
WHEREAS, the City Council has reviewed said final plat.
NOW THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City
of Mendota Heights, Minnesota, as follows:
1. That the final plat of Mendota Technology Center submitted at this meeting is
hereby approved.
2. That the appropriate City Officials be and they are hereby authorized to execute
the final plat on behalf of the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 16' day of December, 1997.
LM
ATTEST:
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto, Mayor
CITY'OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 91- 94
RESOLUTION AMENDING RESOLUTION 80-16, ESTABLISHING
A PARR CONTRIBUTION FORMULA
WHEREAS, pursuant to Minn: Statute, Section 462.358, Subd. 2,
and Mendota Heights Subdivision Ordinance, Section 6, the City
Council is authorized to require a park contribution for the
platting or replatting of land; and
WRERME S, said park contribution may be either in the form of
a cash contribution or a percentage of the gross area of the plat,
whichever is deemed most appropriate by the City Council of the
City of Mendota Heights; and
WHEREAS, said open space contributions or cash contributions
must be used for the purpose of maintaining and protecting open
space or developing existing public open space; and
FIR G, it is deemed advisable that the cash contribution be
based on a standard contribution formula.
NOW TH FORE IT IS HERmY RESOLVED by the City Council of the
City of Mendota Heights, that Resolution No. 80-16 be mended in
its entirety; and
BE IT FURTHER RESOLVED that the following park contribution
formula shall apply to all requests for platting, replatting or
division of existing lots for which a cash contribution is deemed
appropriate by the City Council:
a. Property owner or develocer shall contribute a minimum of $750
for each residential lot created as a result of plat, re -plat
or lot division avuroval; and
b. Cash contributions in the case of commercial/industrial plats,
replats or lot divisions shall be at least ten (10) percent of
fail-' market value of the cross area created as a result of the
Plat, repeat or lot division; and
BE :IT FURTHER RESOLVED that the contribution shall be pavable
,pon approval of the plat, replat or lot division or in a manner as
outlined in the Subdivision Ordinance.
Adopted 'by the City Council of the City of Mendota Heights this
17th day of December, 1991.
CITY COUNCIL
i CITZ OF MENDOTA HEIGHTS
By-,r-�,r..._�"
Charles E. Mertensotto, Mayor -
ATTEST:
Kathleen M. Swanson, City Clerk
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CITY OF MENDOTA HEIGHTS
M
December 12, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Adminis atOr _.
Subject: NSP Franchise Renewal
DISCUSSION
At the August 5, 1997 City Council meeting, the Council referred the proposed NSP
Franchise Agreemdnt Renewal to a sub -committee for review. The members of the sub-
committee are Council Member Jill Smith, Mr. Michael Dwyer, Chair of the Planning
Commission, Mr. James Danielson, Public Works Director and_ myself._ The co_mmi_ttee has
met twice with Mr. Pat Cline, of NSP, and has conducted a telephone conference to discuss
and examine NSP's proposed Franchise Agreements for both their electric franchise and their
gas franchise. Mr. Cline will be in attendance at the Council meeting on Tuesday evening to
make his presentation to Council and to answer questions.
The franchise agreements allow. Northem States Power Company's gas and electric
divisions to utilize the City's easements and rights of way to install and maintain their gas
pipes and electrical lines and infrastructure. The original agreements were approved twenty
years ago and have expired. NSP desires another twenty year agreement. (Copies of the
existing agreements are attached.)
The agreements that are being proposed this evening by NSP have had the following
revisions incorporated since the August 5, 1997 City Council meeting:
1. Section 3, Subd. 1: Added statement that Company will remove at its expense
uncovered and interfering abandoned facilities.
2. Section 3, Subd. 3: Added statement that Company will maintain restored paved
surfaces for two years.
3. Section 6, Subd 1: reduced from'ten to five years the length of time City is required to
pay for subsequent relocations.
4. Section 9: Added new section allowing City at a future date to amend the franchise
agreement to impose a franchise fee to the extent similar cities are doing so.
Sub -Committee Report
- The sub -committee spent most of its time negotiating with NSP over a "Reopener
Clause" that would allow the City of Mendota Heights to open negotiations to amend the
franchise agreement before the twenty year term of the agreement expires. The Sub -
Committee feels that there are several unresolved issues regarding the proposed reopener
clause. The proposed reopener clause specifies that "two or more cities of the second, third or
fourth class in the metro area" must have ordinances incorporating the provisions that the City
of Mendota Heights would like to amend. The ten year term was also not desired by the sub-
committee.
NSP was not willing to agree to a ten year term for a new franchise agreement and they
weren't willing to include a reopener clause with a term shorter than ten years. The sub-
committee felt that further negotiations would not produce better terms for a reopener clause
and is forwarding NSP's proposal for a new franchise agreement with the proposed reopener
clause for Council's consideration. (Please see attached Section 10. Amendment Procedures.)
Meet with Mr. Pat Cline, of NSP, and review the proposed franchise agreements. If
the City Council so desires, they should pass a motion to approve the agreements and adopt:
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION
TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF
MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM
AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC
ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND
TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE CITY AND
TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR
SUCH PURPOSES;
and
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION
TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF
CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE
CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES,
MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION
OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND
TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE
PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
SECTION 10. AMENIANk;N'ijR9.EpU_ RFS.
itv_to thisranchite,m�nLxnav �t anv tim propose that then
e amended�dre"s.s�a_sub y of cin end the QL arty will consider wheihe�t
agree_s.that the amendment is mutaallyI 41g Jar Driat T,Inendment is agreed ugh; leis
Ordinance may be amendgd at aLX-, jM L-,-Ciiy-_passjng_.L subsequent ordLUgnce
eClhe provisions of the amen rIle�twhich am,r� rano__ordin e shall bzcnM
dfe_c-tive upon the filing, of ni anv' wit n consent lhZLqto with th; City Clerk wit]
ninety(90,)days_ afteLthe.e- fgctiye d.a e f the amendatory or ce. In addition after
this fizanchise a reert�ggt has_ ben,�n �ffec en� ears,,} may Qive mppanv
Notice that it d_ sires to emend thi,S fra hi5g-a ement to me-ot orate -cr vi i
which Com2anY hasagrp,�.d Ib ig,the el ri II�hise a��r t for two or more otheS
i i s o__f the second, tbirctan ark based�r
a_franchisg ordinance adopted.h e ? } ciSiesafter the dat�f this frar�bis agreem
which cities are identif&d utb,� 9 iQ9 ff-- ompan fl�,ces to do so within d
.after reg Q a N tic from he City the �mayterminal' franchiS Q
n��.__. �Iti . _,,.. �a�reement
lappg kdaysgrior written IVc,ticc > nlp4s Co n gives Qttc to the City within said
30_dav period that it will imme.Q - t,�,y gg to accent pa amendment to this Ordinance
incorooratin theme d=e_ r d r.. d-.hise�rQvisio,� ns existin in two or more they ci ies_ as
referenced-in-tlze City Q04". the tgrminatiQrt will not be e fe five until aft
go etion of any disIutgresc i_ gn,WZe&nsg, under r='orz 12 Subd Z snmmen
by Company withi id.,j0,d�eriod, which nro� edin� con_firg�s the Citv_',.�� '0 0
be in mmo iance with t ,&-ction 1
r ei: this � . �'se-�ar�e;Fnl�erfic kAr� T}b, e�a�rri���efp��� � *r tea�p��ea�;-spec � �r�z£effpjfly
Ne& -e that
it
desires a �j� Yl)TJ �tii��ft3 J�'��LL7f3�TIti'�T�Ev= 4LL J�.r�ti^ �iv i�icJ:CIfTTYY��
L'e-r,.,any has agge ^'�sef the
Sec -end, th;_.a _ e fdif,a
ad a b,.,*c- ..;a; sm-me+�L-wl3i �:—• n* .4.-
Netie zc e€uscs to do -so a itr'ria-9( a3 te: rLsi ii�ir ,a o �, v�, .� e �; '
ns-h--anchi, agree ea ea3"ay�r
�z_-,b Tet; t -a the in--34-d33�-fie. ad -:hat- ?�-imirte�ia ee-to- to rt
C
ame-dfa te this n�a;.,aRe ncr;rreratin-z:�e�c�i:ti ai�F'�r ��zi�i�r si e-ar
ciz-zizF-c-3t' $S : ireA£ed Y3 iln? EI�y'-� eiien� nc�ez`:}nflEic3ir }?' .z--vc�z ?3f1.
_C
,any
c , any .._th Qe����
...-�-z�s-S exon•-? C�
HJB:FRANCHISES:NIENDOTA.HGTS.111. 1?.97.•x p
LO 'd 0102 18S b 'OSI X':11 HO 1!cS IOds � N Lz : 0 I I dd L6 -LI -100
GAS FRANCHISE
ORDINANCE NO.
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT
A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING,
REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA,
THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION
OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND
TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS
AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. Definitions
Subd. 1. "City" means the City of Mendota Heights, County of Dakota. State of Minnesota.
Subd. 2. "City Utility System" means the facilities used for providing non -energy related public
utility service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
Subd. 3. "Company" means Northern States Power Company. a Minnesota corporation, its
successors and assigns.
--_ Subd. 4--- "Gas" -as used herein shall -be heldto Include natural gas. manufactured gas, or other
form of gaseous energy.
Subd. 5. "Notice" means a writing served by any party or parties on any other party or parties.
Notice to Company shall be mailed to the President, NSP Gas, 825 Rice Street. St. Paul. MN >j 117
Notice to City shall be mailed to the City Clerk. 1101 Victoria Curve. Mendota Heights. MN 551 184167
Either party may change its respective address for the purpose of this Ordinance by written notice to the
other party.
Subd. 6. "Public Groupd" means land owned by the Cit\, for park. open space or similar purpose.
which is held for use in common by the public
City.
Subd. 7 "Public Way" means anv street, alley, walkway or other public right-of-wa\ within the
SECTION 2. Grant of Franchise
City hereby grants Company, for a period of 20 years from the date hereof: the non-cxclusivc right
and privilege of erecting a gas distribution system and using clic Public Ways and PUbllc Grounds of CIL)
for the purpose of constricting, operating. repairing, and maintaining in. on. oxer. under and across the
NSP Reference: N1110TS-G.STD Version: 9/18,97 Page I or 5
same, all gas pipes, mains and appurtenances usually, conveniently, or neccssar►IN used u1 connection
therewith, for the purpose of the transmission of gas, or the distribution of gas. for public and private use
within and through the limits of City as its boundaries exist or as they may be extended In the future
Company may also do all reasonable things necessary or customary to accomplish these purposes, subject,
however, to the further provisions of this franchise agreement.
SECTION 3. Restrictions
Subd. 1. All gas pipes, mains, regulators, and other property and facilities shall be located and
constructed so as not to interfere with the safety and convenience of ordinary travel along and over said
Public Ways. Company's construction, operation, repair, maintenance and location of such facilities shall
be subject to other reasonable regulations of the City to the extent not inconsistent with the terms of this
franchise agreement. Company may abandon underground gas facilities in place, provided at City's
request Company removes abandoned metal pipe interfering Nyith a City improvement project to the extent
such metal pipe is uncovered as part of the City improvement project.
Subd. 2. Company shall not construct any new or modified install' 10011S within or upon any
Public Grounds without receiving the prior written consent of an authorized representative of City for each
such new installation.
Subd. 3. In constructing, removing, replacing, repairing, or maintaining said gas pipes, mains and
appurtenances, Company shall, in all cases, place the Public Ways in. on, under or across which the same
are located in as good condition as they were prior to said operation and maintain any restored paved
surface in such condition for two years thereafter.
SECTION 4. Service and Rates
The service to be provided and the rates to be charged by Company for gas service in City are
subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency.
SECTION 5. Relocating
Subd. 1. Whenever City at its cost shall grade, regrade. or change the line of any Public Way, or
construct or reconstruct any City Utility System therein and shall, in the proper exercise of its police
power, and with due regard to seasonable working conditions, when necessan. and after approval of its
final plans have been obtained, order Company to relocate permanentIN its mains. services. and other
property located in said Public Way, Company shall relocate its facilities at its o\\n expense City shall
give Company reasonable notice of plans to grade. regrade or change the line of any Public Wav or to
construct or reconstruct any City Utility System therein However, after Connpam has so relocated. if a
subsequent relocation or relocations shall be ordered within five years from and after first relocation. City
shall reimburse Company for such non -betterment relocation expense which Compam may Incur on a time
and material basis; provided; if subsequent relocations are required because of the extension of City Utility
System to previously unserved areas, Company may be required to relocate at its own expense at an,, time.
Subd 2. Nothing contained in this franchise shall require Compam to relocate. remove. replace
or reconstruct at its own expense its facilities where such relocation. removal, replacement or
reconstruction is solely_ for the convenience of the Cit, and is not reasonabl\ necessan for the constriction
or reconstruction of a Public Way or City Utility System or other Cit. Inpro\enlent
NSP Reference: \1HGTS-G.STD. Version: 9113197 Page 2 of 5
Subd. 3. Any relocation, removal, or rearrangement of any Compam facilities made necessary
because of the extension into or through City of a federally -aided highway project shall be governed by the
provisions of Minnesota Statutes Section 161.46 as supplemented or amended. and further, it is expressly
understood that the right herein granted to Company is a valuable property right and City shall not order
Company to remove or relocate its facilities without compensation when a Public Way is vacated.
improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in
whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment
costs of such a relocation and the loss and expense resulting therefrom are first paid to Company.
Subd. 4. The provisions of this franchise shall not be construed to \naive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
prescriptive right before the applicable Public Way or Public Ground was established. or Company's rights
under state or county permit.
SECTION 6. Indemnification
Subd. 1. Company shall indemnify, keep and hold the City free and harmless from any and all
liability on account - of injury to persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permits, or the operation of the gas facilities located in the
Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned
through- its - own -negligence -except -for -losses -or -claims -arising -out -of or -alleging -the -City' s -negligence as -to -
the issuance of permits for, or inspection of; Company's plans or work. The City shall not be indemnified
if the injury or damage results from the performance in a proper manner of acts reasonably deemed
hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of
Company's determination.
Subd. 2. In the event a suit is brought against the City under circumstances %%-here this agreement
to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written
notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of
such notice. If Company is required to indemnify and defend, it will thereafter have control of such
litigation, but Company may not settle such litigation without the consent of the City, which consent shall
not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity
othenvise available to the City; and Company, in defending any action on behalf of the City shall be
entitled to assert in any action every defense or immunity that the City could assert In its own behalf.
SECTION 7. Vacation of Public Ways
The City shall give Company at least two weeks prior written notice of a proposed vacation of a
Public Way. Except where required solely for a City improvement project, the vacation of any Public
Way, after the installation of ga§ facilities. shall not operate to deprive Compam of Its rights to operate and
maintain such gas facilities, until the reasonable cost of relocating the Same and the loss and expense
resulting from such relocation are first paid to Company. In no case. however. shall City be liable to
Company for failure to specifically preserve a right-of-wav under Minnesota Statutes. Section 160 29
SECTION 8. Franchise Fee
The City at the time of adopting this franchise agreement does not desu-e w recluu-e that Compam
collect a franchise fee from its customers in the City. At a future date during the term of this franchise
agreement, the City may determine that it desires Company to collect a franchise tee If so. the CI[) ma\
give Company Notice to amend this franchise agreement to authorize collection of a fRinchise feu b%
NSP Reference: iv1HGTS-G.STD. Version: 9'18:97 Page 3 urs
separate ordinance in an amount and upon such terms and conditions as Compam at that time is willing to
incorporate in its gas franchise agreements with other cities of the second, third or fourth class in the seven -
county metropolitan area. Upon receipt of such Notice, Company shall negotiate in good faith with City to
so amend this franchise agreement. If agreement is not reached within 90 days after said Notice, the City
may terminate this franchise agreement upon 30 days prior written Notice enclosing a proposed amendment
based upon the language Company has agreed to in a gas franchise agreement with at least two other of
such cities, unless Company gives Notice to the City within said 30 -day period that it will immediately
agree to accept an amendment to this franchise agreement on the same ternis and conditions as is set forth
in the City's Notice. The termination will not be effective until after completion of anv dispute resolution
proceeding under Section 11, Subd. 2, commenced by Company within said 30 -day period. which
proceeding confirms the City's action to be in compliance with this Section S.
SECTION 9. Franchise Reogener
After this franchise agreement has been in effect for ten tears the City may give Company Notice that it
desires to amend this franchise agreement to incorporate specific provisions which Company_has agreed to in the
gas franchise agreement for two or more other cities of the second. third or fqud . clU in _die seven -county
metropolitan area, based on a franchise ordinance adoptedy such cities after the date of his franchise
agreement. which cities are identified in the Notice. If Company refuses to doh N\•ithin._ 90 days after receiving
said Notice from the City. the City may terminate this franchise agreement upon,')0 days prior �4ritttn, Notice
unless Company gives Notice to the City within said 30-dav period that it williiiun�di free to accept an
amendment to this Ordinance incorporating the desired franchise provisions existing in two or more other cities as
referenced in the City's Notice The termination will not be effective until after cQmpletig of any &Wte
resolution proceedings under Section 11 Subd 2 commenced by Company vjtijntid.3U day period, which
proceeding confirms the City's action to be in compliance with this Section 9,
SECTION 10. Written Acceptance
Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a
written acceptance of the rights hereby granted with the City Clerk within 90 days after the final passage
and any required publication of this Ordinance.
SECTION 11. General Provisions
Subd. 1. Every section, provision. or part of this Ordinance is declared separate from every other
section, provision, or part, and if any section, provision, or part shall be held invalid, it shall not affect any
other section, provision, or part. Where a provision of any other City ordinance conflicts with the
provisions of this Ordinance, the provisions of this Ordinance shall prevail
Subd. 2. If either party,.asserts that the other party is in default ui the performance of any obligation
hereunder, the complauung party shall notif.- the other partof the default turd the desired remedy. The
notification shall be written. Representatives of the parties must promptl.N meet and aacnipt in good faith to
negotiate a resolution of the dispute. If the dispute is not resolved N�ith►n 30 days of the written notice. the parties
may jointly select a mediator to facilitate further discussion. The parties will equalh share thc fees and expenses
of this mediator If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after
first meeting with the selected mediator, either party may commence an action in DISC►•te[ Court to interpret a.nd
enforce this franchise or for such other relief as may be permitted by la\\ or cqu►t\ for breach of contract. or
either party may take any other action permitted by law
NSP Reference: 1,4HGTS-G.STD Version: 9,13'97 Page 4 ol'>
Subd. 3. This Ordinance constitutes a franchise agreement between the Cin and Company as the
only parties and no provision of this franchise shall in any way inure to the benefit of any third person
(including the public at large) so as to constitute any such person as a third partN beneficiary of the
agreement or of any one or more of the terms hereof, or otherwise give rise to am cause of action in any
person not a party hereto.
Subd. 4. Any change in the form of government of the City shall not of cct the valldit\v of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of
the rights and obligations of the City provided in this Ordinance.
Subd. 5. Nothing in this Ordinance relieves any person from liability arising out of the failure to
exercise reasonable care to avoid damaging Company's facilities while performing any activity.
SECTION 12. Publication Expense
The expense of any publication of this franchise Ordinance required by law shall be paid by
Company.
SECTION 13. Effective Date
This -Ordinance is —effective -a" provided -by -statute -or charter and -upon dcccptzncc by Compa i as
provided in Section 10.
Passed and approved:
Attest:
Citv Clark
NSP Reference: M1-lGTS-G.STD Version: 9%13197 Page 5 of ?
. 1997.
itiln vur
ELECTRIC FRANCHISE
ORDINANCE NO.
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA
HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSIMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES,
FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS
AND OTHERS AND TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE
CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH
PURPOSES.
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION_1 _Definiti
Subd. 1. "City" means the City of Mendota Heights, County of Dakota. State of Minnesota.
Subd. 2. "City Utility System" means the facilities used for providing non -energy related public
utility service owned or operated by City or agency thereof; including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
Subd. 3. "Company" means Northern States Power Company. a Nlinnesota corporation, its
successors and assigns.
Subd. 4. "Notice" means a writing served by any party or parties on alis other party or parties
Notice to Company shall be mailed to the General Counsel. Law Department. 414 Nicollet Niall.
Minneapolis, MN 55401. Notice to City shall be mailed to the Citi Clerk. 1101 Victoria Curve, Mendota
Heights, MN 55118-4167. Either party may change its respective address for the purpose of this Ordinance
by written notice to the other party.
Subd. 5. "Public Ground" means land owned by the City_ for park. open space or similar purpose,
which is held for use in common by the public.
Citv
Subd. 6. "Public Wav" means am street. allev. xvalkxvav or other public right-of-waN within the
SECTION 2. Grant of Franchise
City hereby grants Company, for a period of 20 years from the date hereof: the right to transmit and
furnish electric energy for light. heat, power and other purposes for public and private use within and
through the limits of Citv as its boundaries now exist or as they mai be extended in the future. For these
purposes, Company may construct, operate, repair and maintain electric distribution s\ stem and electric
\SP Reference: NIFIGTS.E-SSD. Version: 9,1V97 Page I ol'>
transmission lines, including poles, lines, fixtures, and any other necessary appurtenances in, on, over,
under and across the Public Ways and Public Grounds of City. Company mai• do all reasonable things
necessary or customary to accomplish these purposes, subject, however, to the further provisions of this
franchise agreement.
SECTION 3. Restnctions
Subd. 1. Company facilities included in such electric distribution system. transmission lines and
appurtenances thereto, shall be located and constructed so as not to interfere with the safety and
convenience of ordinary travel along and over said Public Ways. Company's construction, operation,
repair, maintenance and location of such facilities shall be subject to other reasonable regulations of the
City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon
underground electric facilities in place, provided at City's request Company removes abandoned concrete
or metal conduit interfering with a City improvement project to the extent such conduit is uncovered as part
of the City improvement project.
Subd. 2. Company shall not construct any new installations within or upon any Public Grounds
without receiving the prior written consent of .an authorized representative of City_ for each such
installation.
Subd. 3. In constructing, removing, replacing, repairing, or maintaining said poles, lines, fixtures
and appurtenances, Company shall, in all cases, place the Public Ways in, on, under or across which the
same are located in as good condition as they were prior to said operation and maintain any.restored paved
surface in such condition for two years thereafter.
SECTION 4. Tree Trimming
Company is also granted the permission and authority to trim all trees and shrubs in the Public Ways
and Public Grounds of City interfering with the proper construction, operation. repair and maintenance of
any poles, lines, fixtures or appurtenances installed in pursuance of the authority hereby granted. provided
that Company shall save City harmless from any liability in the premises. _
SECTION 5. Service and Rates
The service to be provided and the rates to be charged by Company for electric service in City are
subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency.
SECTION 6. Relocating
Subd. 1. Whenever City at its cost shall grade, regrade or change the line of any Public Way. or
construct or reconstruct anv City Utility System therein and shall, in the proper exercise of its police
power, and with due regard to seasonable working conditions. when necessan, and after approval of its
final plans have been obtained, order Company to relocate permanently its lines. services and other
property located in said Public Way, Company shall relocate its facilities at its own expense. City shall
give Company reasonable notice of plans to grade. regrade or change the line of an• Public Way or to
construct or reconstruct any City Utility System therein However. after Compan\ has so relocated, if a
subsequent relocation or relocations shall be ordered within five years from and after first relocation. City
shall reimburse Company for such non -betterment relocation expense which Compare may incur on a time
and material basis. provided, if subsequent relocations are required because of the extension of City Utility
System to previously unserved areas. Company may be required to relocate at its o\\in expense at any time
NSP Rcl'crence: M1l1GTS.1.`-SSD Version: 9i 13,':97 Page 2 ul' i
Subd. 2. Nothing contained in this franchise shall require Company to relocate. remove. replace
or reconstruct at its own expense its facilities where such relocation. removal. replacement or
reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction
or reconstruction of a Public Way or City Utility System or other City Improvement.
Subd. 3. Any relocation, removal. or rearrangement of any Company facilities made necessary
because of the extension into or through City of a federally -aided highway project shall be governed by the
provisions of Minnesota Statutes Section 161.46 as supplemented or amended. and further, it is expressly
understood that the right herein granted to Company is a valuable property right and City shall not order
Company to remove or relocate its facilities without compensation when a Public Way is vacated,
improved or re -aligned because of a renewal or a redevelopment plan which is financially subsidized in
whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment
costs of such relocation and the loss and expense resulting therefrom are first paid to Company.
Subd. 4. The provisions of this franchise shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired -by casement or
prescriptive right before the applicable Public Way or Public Ground w•as established. or Company's rights
under state or county permit.
SECTION-7.—Indemnification
Subd. 1. Company shall indemnify, keep and hold the City free and harmless from any and all
liability on account of injury to persons or damage to property occasioned by the construction.
maintenance, repair, inspection, the issuance of permits, or the operation of the electric facilities located in
the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned
through its own negligence except for losses or claims arising out of or alleging the City's negligence as to
the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified
if the injury or damage results from the performance in a proper manner of acts reasonably deemed
hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of
Company's determination.
Subd. 2. In the event a suit is brought against the City under circumstances where this agreement
to indemnify applies, Company at its sole cost and expense shall defend the CIEs in such suit if written
notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of
such notice. If Company is required to indemnify and defend, it will thereafter have control of such
litigation, but Company may not settle such litigation without the consent of the City. which consent shall
not be unreasonably withheld. This section is not. as to third parties. a waiver of ani defense or immunity
otherwise available to the City. and Company. in defending any action on behalf of the City shall be
entitled to assert in any action every defense or immunity that the Citi• could assert In its own behalf
SECTION 8. Vacation of Public Ways
The City shall give Company at least two weeks prior written notice of a proposed vacation of a
Public Way. Except where required solely for a City improvement project. the vacation of any Public
Way. after the installation of electric facilities. shall not operate to deprive Company of its rights to operate
and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and
expense resulting from such relocation are first paid to Company. In no case. however. shall City be liable
to Company for failure to specifically preserve a right-of-w•a\. under Minnesota Stltutes. Sccuon 160.29
NSP Reference: M1I1C* rS.@-SSI) Version: 9 13 %97 Page 3 ofS
SECTION 9. Franchise Fee
The City at the time of adopting this franchise agreement does not desire to require that Company
collect a franchise fee from its customers in the City At a future date during the term of this franchise
agreement, the City may determine that it desires Company to collect a franchise fee if so, the City may
give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by
separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to
incorporate in its electric franchise agreements with other cities of the second, third or fourth class in the
seven -county metropolitan area. Upon receipt of such Notice. Company shall negotiate in good faith with
City to so amend this franchise agreement. If agreement is not reached within 90 days after said Notice,
the City may terminate this franchise agreement upon 30 days prior written Notice enclosing a proposed
amendment based upon the language Company has agreed to in an electric franchise agreement with at
least two other of such cities, unless Company gives Notice to the City within said 30 -day period that it will
immediately agree to accept an amendment to this franchise agreement on the same terms and conditions as
is set forth in the City's Notice. The termination will not be effective" until after coinpletion of any dispute
resolution proceeding under Section 12, Subd. 2, commenced by Company within said 30 -day period,
which proceeding confirms the City's action to be in compliance with this Section 9.
SECTION 10. Franchise Reopener
After this franchise agreement has been in effect for ten vears. the Q!ty.„n1ly,giv( Q_ompany Notice
that it desires to amend this franchise agreement to --incorporate specific provisions which Company has
of this franchise agreement which cities are identified in the Notice. If Compan • refuses to do so within 90
days after receiving said Notice from the City, the Citv may terminate this franchise agreement uDon_30
days prior written Notice unless Company gives Notice to the City within said 30-dav period that it will
immediately agree to accept an amendment to this Ordinance incorporating_ the dq ired franchise provisions
existing in two or more other cities as referenced in the Citv's Notice. The termination will not be effective
until after completion of any dispute resolution proceedings under Section 12, Subd. 2, comnienccd ,by
Co�v within said 30-dav period which proceeding confirms the City's action to be in compliance yvtth
this Section 10.
SECTION 11. Written Acceptance
Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a
written acceptance of the rights hereby granted with the City_ Clerk within 90 days after the final passage
and any required publication of this Ordinance.
SECTION 12. General Provisions
Subd. 1. Every section, provision. or part of this Ordinance is declared separate from even other
section, provision or part: and if any section, provision or part shall be held invalid. it shall not affect am
other section, provision or part. Where a provision of any other Cit\ ordinance conflicts Nvith the
provisions of this Ordinance, the provisions of this Ordinance shall prevail
Subd. 2. If either party asserts that the other party is in default in the performance of any
obligation hereunder, the complaining party shall notify the other party of the default and the desired
remedy. The notification shall be written. Representatives of the panics must promptl% meet .Lid attempt in
good faith to negotiate a resolution of the dispute If the dispute is not resole -cd \\ ithin 30 days of the written
NSP Rcl'crence: 1%111CiTS.E-SSD %-ersion: 908.:97 Page 4 or?
notice, the parties may jointly select a mediator to facilitate hirther discussion. "Ilic parties wIII equally share the
fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve die dispute
within 30 days after first meeting with the selected mediator, either party may commence an action in District
Court to interpret and enforce this franchise or for such other relief as may be perniitted by law or equity for
breach of contract, or either party may take any other action permitted by law.
Subd. 3. This Ordinance constitutes a franchise agreement between the Cite and Company as the
only parties and no provision of this franchise shall in any way inure to the benefit of any third person
(including the public at large) so as to constitute any such person as a third party beneficiary of the
agreement or of any one or more of the terms hereof,, or otherwise give rise to am cause of action in am
person not a party hereto.
Subd. 4. Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of
the rights and obligations of the City provided in this Ordinance.
Subd. 5. Nothing in this Ordinance relieves any person from liabilit% arising out of the failure to
exercise reasonable care to avoid damaging Company's facilities while performing any activity.
SECTION 13. Publication Expense
The expense of any publication of this franchise Ordinance required b\ lav shall be paid by
Company.
SECTION 14. Effective Date
This Ordinance is effective as provided by statute or charter and upon acceptance by Company as
provided in Section 11.
- Passed and approved: 1997. -
rt1lcrvur
Attest:
City Clerk
NSP Reference: N11IGTS.E-SSR Version: 9.`18."97 Page 5 W*5
March 7.1 1997
Kevin Batchelder
City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Mn. 55118
Dear Kevin:
Northem States Power Company
Newpor', Area
3000 Nlaxwell Avenue
Newpor. -Minnesota 55055-1001
Teleonone (6,,21 LS9-5580
As you may know, the electric and gas franchise agreements between the city and
Northern States Power will expire on March 14, 1997.
I have enclosed four original -copies -of.each_2aceement for your review -and -city -council
approval. Once approved, all eight copies must be signed and certified as noted.
Please contact me at 458-1228 if I can help expedite this process or answer any
questions.
Sincere
Ratri C I i nl�
Community Service Manager
Southeast Metro Area
Northern States Power
hAR 2 199?
----------
Kevin Batchelder
City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Mn. 55118
Dear Kevin:
Northem States Power Company
Newpor', Area
3000 Nlaxwell Avenue
Newpor. -Minnesota 55055-1001
Teleonone (6,,21 LS9-5580
As you may know, the electric and gas franchise agreements between the city and
Northern States Power will expire on March 14, 1997.
I have enclosed four original -copies -of.each_2aceement for your review -and -city -council
approval. Once approved, all eight copies must be signed and certified as noted.
Please contact me at 458-1228 if I can help expedite this process or answer any
questions.
Sincere
Ratri C I i nl�
Community Service Manager
Southeast Metro Area
Northern States Power
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ompany may not settle such litigation without the consent of the
;;.unicipality which consent shall not be unreasonably withheld. This
ection is not, as to third parties, a waiver of any defense or
_•mmunit_y otherwise available to the Company, and the Companv, in
efending any action on behalf of the Municipality, shall be
entitled to assert in anv such action every defense or immunity
':that the Municipality could assert in its own behalf,
Section 7. Company upon written notice to Municipality
shall have full right and authority to assign to any person, persons,
firm, or corporation all the rights conferred upon it by this Ordinance,
provided that the assignee of such rights, by accepting such assignment,
shall become subject to the terms and provisions, of this Ordinance.
Section 8. Every section, provision, or part of this Ordinance
is declared separate from every other section, provision, or part, and
if anv section, provision, or part shall be held invalid, it shall not
affect any Other section, provision, or part.
SecoOn 9. Compa=hv shall, if it accepts this Ordinance and
the rights hereby granted, file a written acceptance of the rights
hereby granted With the Municipality wi th? n 90 days after final
OaSsag•e of this Ordinance by the Municipality.
Section 10. Nothing in this Ordinance shall be construed
to deerive, modify or impair any right, power or aut_v conferred upon
Municipality by Laws 19 7 �_ , Chapter 429, or any right of Municipality
to participate, pursuant to law, in any organization of municipalities
1whose ptlr lose is to study electric rates and practices of Company and
to participate, in accordance with law, in proceedings before anv state
or Federal agency having jurisdiction over any aspect df. Company's
operations relating to electric rates or service in the Muni cipali _v.
Section 11. The expense of any publication of this franchise
Ordinance requlired by law shall be paid by Company.
Section 12. Where a provision Of any Cather Ordinance of -he
MuniciPali ty COnfliCtS wi tjZ the proVi Si OnS O` t hiS Ordinance, the pro-
visions of this Ordinance shall prevail.
Section 13. This Ordinance shall be in ff
-full force and efect
Lrom and after 1 �S passage, anV - bl? can I i On �=CL? WeC by 1^*ri, and
acceptance by Company.
C.nactad and Ordainec i ntc -.n Ordinance t -s day o-
Mz,cn , 197 ;
CITY COLNICIL
CITY OF USEND T Z E I_m
ATTEST.-
,X! yt �`iC.:,''j''". v L...
/ri`,� � f�.�t� !'j// it �r r• � t . i
Ci lber�:. u,'�cGa^aY?gh i' he - OO ecoi C Cr '' c _CS ? s herebl, acceote,4 as 4=
Ci t?J Clem j* 1 i _8 da`i Q' ! r , 1977.
r NC_tT=—R-f .S.TJ '.S.. =CIV= C
CITY OF MENDOTA HEIGHTS
December 11, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Admi
Subject: Discuss Continental Cablevision's Request to Transfer the Franchise
Jodie Miller, Executive Director of NDC4, has forwarded their legal counsel's review
of the request by Continental Cablevision to transfer their franchise to Charter
Communications. Ms. Miller has also announced a special NDC4 Commission meeting on
Wednesday, December 17, 1997 at 5:30 p.m., in Studio A of the NDCTV facility and has
invited all city'officials to attend this meeting'fo discuss the proposed -transfer of franchise.
Please see attached memo from Jodie Miller, NDC4, and reports. (Due to the length of
the legal reports, only City Council and key staff members have been provided with these
copies.)
City Council should discuss this proposed franchise transfer. NDC4 is requesting that
each member city forward their comments to the NDC4 by December 29, 1997.
Discuss the proposed assignment of the cable television franchise and provide
comments to NDC4.
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
5845 Blaine Avenue
11 U L:j Inver Grove Heights, Minnesota 55076-1401
4 612/450-9891 FAX 612/450-9429 TDD 612/552-9675
MEMORANDI
TO: City Administrators, NDC4 Member Cities
FROM: Jodie Miller, Executive Directv,41
DATE: December-_ 8, 1997
RE: CONTINENTAL REQUEST FOR TRANSFER OF FRANCHISE TO CHARTER
COiv1i1�IUNICATIONS
Enclosed for your review is NDC4 Legal Counsel Brian Grogan's report and draft resolution regarding
Charter's qualifications to take over the NDC4 Cable Franchise. Please distribute the report to your
Mayor, Council, Legal Counsel, and staff as appropriate. All City officials are invited to a
"special NDC4 full Commission meeting on Wednesday, December 17, 1997, at 5:30 p.m., in
Studio A of the NDCTV facility. NDC4 Legal and Financial consultants will be available to
answer any questions regarding the request for transfer to Charter Communications. Please
forward any comments or questions from your city to me (450-9891) or to your City's Cable
Commission representatives by Monday, December 29, 1997.
As you know, a mid-November announcement by US West has added a new "twist" to NDC4's review
of US West's sale to Charter. US West (current owner of Continental Cablevision) plans to split its
telephone operation (US West Communications) and its cable TV operation (MediaOne) into totally
separate corporations. US West has asked the FCC to allow MediaOne to keep its Minnesota
properties, arguing that the spin-off removes any anti-trust problem. If the FCC approves US West's
request, US West will cancel its sale to Charter. Meanwhile, both US West and Charter have refused to
extend NDC4's January 7, 1998, deadline to either approve or deny the transfer to Charter.
Highlights of action taken at the December 3, 1997, NDC4 Executive Committee meeting follow:
US West Petition to FCC- NDC4 will not file comments during the first filing period,
ending December 10th. NDC4 will hold a full commission meeting December 17, 1997, to
review comments filed by other parties and discuss whether NDC4 will file comments.
Transfer to Charter: Brian Grogan distributed his report and draft resolution (enclosed)
for Cities and Commissioners to review. NDC4 is scheduled to vote on the transfer at its
January 7th meeting.
City Administrator's Memo, December 8, 1997
Page 2 of 2
Franchise Fee Audit: Brian Grogan distributed his report (enclosed). There were no major
findings to suggest a full audit, and no action is recommended at this time.
Upcoming Meetings:
• Full Commission meeting Wednesday, December 17, 1997, at 5:30 p.m.
• Executive Committee meeting Monday, December 29, at 5:30 p.m.
• Full Commission meeting Wednesday, January 7, 1998, at 7:00 p.m.
Encs.
cc: Brian Grogan, Legal Counsel
Dave Jaede, NDCTV President
NDC4 Commissioners
+ MOSS & BARNETT
A Professional Association
117
NORTHERN DAKOTA COUNTY
CABLE COMMUNICATIONS COMMISSION
CABLE TELEVISION
FRANCHISE FEE REVIEW
DECEMBER 3, 1997
Prepared by:
BRIAN T. GROGAN/ ESQ.
ROBERT B. FIRING, CPA, ESQ.
Moss & Barnett "
A Professional Association
4800 Norwest Center
90 South Seventh Street
Minneapolis, Minnesota 55402-4129
612/347-0340
4800 Norwest Center • 90 South Seventh Street • Minneapolis, NIN 55402-4129 • (612) 347-0300 • (612) 339-6686 fax
(1.
NORTHERN DAKOTA COUNTY
CABLE COMMUNICATIONS COMMISSION
CABLE TELEVISION
FRANCHISE FEE REVIEW
December 3, 1997
i
EVALUATION_P_.ROCEDURE-........... ,............................................... :.....--- ..:.:... :.... 1
FRANCHISE EVALUATION..................................................................................... 2
PREPARATIONOF AUDIT..................................................................................... 4
REVENUE OBSERVATIONS ............ " 5
............................................. ...............
CONCLUSION................................................................................................... 5
1. Franchise fee payment information made available by Commission.
2. Ms. Jodie M. Nliller's July 22, 1997 letter to MediaOne.
3. NlediaOne's November 5, 1997 response (excluding attachments).
NORTHERN DAKOTA COUNTY
CABLE COMMUNICATIONS COMMISSION
CABLE TELEVISION
FRANCHISE FEE REVIEW
EVALUATION PROCEDURE
The Northern Dakota County Cable Communications Commission ("Commission")
retained Moss & Barnett, A Professional Association, to conduct a review of MediaOne's
franchise fee payments under the Commission's existing cable television franchise.
._ After-consultation_with_the.Comm fission,-Moss_&-Barnett-identified-three-(3)—
objectives to be accomplished during the review. These objectives were as follows:
1. Identify all sources of revenue earned by lvlediaOne within the City.
2. Verify that the accounting methodology used by MediaOne is accurately
calculated in gross revenues and MediaOne is making the proper
adjustments to assure the fees received by the Commission are true and
correct and in accordance with applicable franchise documentation.
3. Determine that MediaOne has a system that correctly codes customers as
being in the City and one which will incorporate any new customers in an
accurate and timely manner.
Based on these three objectives, Moss & Barnett conducted a franchise fee review
which consisted of six separate tasks. These tasks were as follows:
Franchise Evaluation
2. Review Commission Records
3. Preparation of Review
4. Notification to NlediaOne of Requests for Information
S. Desk Review. Note: The scope of a "Review" is significantly more limited
than an "Audit." The November S, 1997 submission by MediaOne was not
14
responsive to the Commission's July 22, 1997 request letter and did not
provide sufficient information to perform an Audit.
6. Final Report
The franchise fee review was completed pursuant to the objectives and tasks listed
above. Based upon this process, conclusions and recommendations were reached as more
fully described in this report.
FRANCHISE EVALUATION
The first task necessary to conduct the franchise fee review was a detailed
evaluation of the terms and conditions of the Commission's relevant franchise
documentation. In conducting this evaluation, we reviewed relevant terms and provisions
from the Cable Communications Franchise Ordinance by and between the member
municipalities of the Commission and MediaOne.
DEFINITIONS
In the Franchise, the term "Gross Revenues" is defined at Section 3.16 as follows:
Means any revenue derived directly or indirectly by Grantee, or 1) its
affiliates, 2) its subsidiaries, 3) its parent, 4) any person which Grantee owns or
controls, or 5) any person which owns or controls Grantee from or in connection
with the operation of the System, including, but not limited to, basic subscriber
monthly fees, pay cable fees, installation and reinstallation fees, leased channel
fees, converter rentals, studio rental, production equipment, contributions in aid as
set forth in Section Seven (7) of this Franchise to the extent such contributions in
aid are not refunded to•subscribers, and advertising revenues. The term does not
include any taxes on services furnished by Grantee and imposed directly upon any
subscriber or user by the state, City or other governmental unit and collected by
Grantee on behalf of said governmental unit or deposits collected by Grantee as
long as such deposits continue to be held as deposits.
In addition, Section 9 of the Franchise, Franchise Fees, provides as follows:
9.01 Amount. Consistent with Section 14.01 of this Franchise,
Grantee shall pay five percent (5'I'f,) of all Gross Revenues as a Franchise fee
J
to be collected by the Commission. Grantee shall cooperate with and assist
Commission in securing any required waiver from the FCC. Until the
Franchise fees paid pursuant to this Section are greater than the costs of
administration, the Grantee shall annually pay to the Commission as
franchise fees an amount equal to the actual costs of the administration of
the Franchise as determined by the Commission. The amounts so paid
which constitutes the difference between the actual costs of administration
and five (5) percent of all Gross Revenues, plus nine percent (9%) interest,
compounded annually, commencing upon date advance is paid, shall be
credited against the annual Franchise fee of five percent (5%) of Gross
Revenues in equal installments over a six (6) year period beginning with the
sixth anniversary of the Franchise award. Nothing in this Section 9.01 shall
be construed to prohibit Commission from paying back any advance
payments prior to such time as set forth above and no interest shall be due
in excess of that accrued as of date of pay -back.
Franchise fees pursuant td this Section 9.01 collected in excess of the
amount needed for the Commission's annual budget shall be distributed
pursuant- to the then -existing Joint and Cooperative Agreement establishing
the Commission.
9.02 Payment Periods. Payments due Commission under this
provision shall be computed quarterly for the preceding quarter, as of
March 31, June 30, September 30 and December 31. Payments shall be due
and payable no later than forty-five (45) days after the dates listed in the
previous sentence. Each payment shall be accompanied by a brief report
showing the basis for the computation and such other relevant facts as may
be required by Commission or City.
9.03 Recourse in Event of Partial Payment. No acceptance of any
payment shall be construed as an accord that the amount paid is in fact the
correct amount, nor shall such acceptance of payment be construed as a
release of any claim City or Commission may have for further or additional
sums payable under the provisions of this Franchise. All amounts paid shall
be subject to audit and recomputation by City or Commission.
Moreover, Section 8 of the Franchise, Open Books and Records, provides in
pertinent part:
Grantee shall maintain an office and studio within the Cable Service
Territory and manage all of its operations in accordance with a policy of
totally open books and records. Commission and City shall have the right to
inspect, upon seventy-two (72) hours written notice, at any time during
normal business hours all books, records, maps, plans, income tax returns,
financial statements, service complaint logs, performance test results, record
of requests for service and other like materials of Grantee and in relevant
part, any materials of any parent company, subsidiary or affiliate of Grantee
which relate to the operation of this Franchise. ,access to the ,
aforementioned records shall not be denied by Grantee or any parent
company, subsidiary or affiliate on the basis that said records contain
"proprietary" information.
PREPARATION OF REVIEW
The Commission submitted detailed information to Moss & Barnett regarding
franchise fee payments made by MediaOne during the accounting period in question the
calendar years 1994,-1995 and 1996. Copies of this information have been attached
hereto as Exhibit 1. We prepared our franchise fee review to essentially address the
verification of franchise fee payments made over the past three (3) years pursuant to
authority provided under Section 8 of the Franchise.
To that end, Moss & Barnett prepared a letter to be sent by Ms. Jodie M. Miller,
Executive Director of the Northern Dakota County Cable Communications Commission, to
MediaOne requesting documentation from MediaOne with respect to franchise fee
payments made in calendar years 1994, 1995, and 1996. Ms. Miller's July 22, 1997 letter
to MediaOne (attached as Exhibit 2 resulted in a response from MediaOne which was
forwarded to our attention by letter dated November 5, 1997 from John Gibbs, Lawyer for
MediaOne. Included in MediaOne's response (attached as Exhibit 3 were the following:
• Quarterly Revenue Summary Franchise Tax Calculation Worksheet
• Subscriber Report
• Description of Bad Debt Allowance Procedure
• Quarterly year-to-date Revenue Schedules by account category, from General
Ledger
• Quarterly Advertising Calculation to Allocate between St. Paul and NDC4.
• Other Miscellaneous Information
Several follow-up phone calls and correspondence between Moss & Barnett and
MediaOne were required to finalize the calculations in this report. Based on the foregoing
information, an analysis was prepared by Moss & Barnett which is explained in greater
detail herein.
-4-
The following notes apply to Moss & Barnett's review of the information supplied
by NiediaOne with respect to our franchise fee review for 1994, 1995, and 1996.
-5-
SUBSCRIBERS
FRANCHISE FEES PAID
1994
MARCH
15111
75,681.25
JUNE
15,125
78,410.25
SEPTEMBER
15,300
74,182.30
DECEMBER
15,845
76,444.85
TOTAL
N/A
$304,718.80
1995
MARCH
16,189
79,582.30
JUNE
16,310
79, 788.75
SEPTEMBER
16,367
79,524.60
DECEMBER
16,846
83,839.85
TOTAL
N/A
$322,735.50
1996
MARCH
17,138
90,106.00
JUNE
17,269
90,031.00
SEPTEMBER
17,248
90,622.45
DECEMBER
17,690
93,447.45
TOTAL
N/A
$364,206.90
GRAND TOTAL
N/A
$991,661.20
-5-
Based on our review of the definition of "gross revenues" found at Section 3.16 of
the Commission's Franchise, MediaOne appears to be including all applicable sources of
revenue as required in the definition. MediaOne includes revenue categories for the
following account descriptions:
1. Broadcast Basic Revenue
2. Satellite II Revenue
3. Converter and Remote Rental Income
4. Installation and Service Charges
5. Franchise Fee Revenue (for regulated services)
6. Regulatory Fee Revenue
7. Migrated Tier Revenue
8. Franchise Fee Revenue (for unregulated services)
9. Pay TV Income:
a. HBO
b. Cinnem_ax
C. Showtime
d. Movie Channel
e. Disney
f. Other
g. DCR
10. Home Shopping Revenue
11. Guide Revenue
12. Other Income
13. Late Fee Revenue
14. Advertising Sales Revenue
15. Pay -Per -View Revenue
Revenue regarding advertising sales is apportioned between St. Paul and the
Commission based on the total number of subscribers. Generally, St. Paul takes
approximately 74% of the advertising revenue whereas the Commission receives
approximately 26% of the revenue. This number fluctuates slightly based on the quarterly
subscriber totals. While this may not be an exact method of determining the precise
amount of sale revenue attributable to the Commission, this method of calculating
applicable ad -sale revenue likely generates a very close approximation. A closer
examination is likely not to reveal any significant deviation from the franchise fees remitted
to the Commission. In fact, it is equally as likely that franchise fees attributable to ad -sale
revenue may be overpaid in this category under MediaOne's present method of
calculation.
Careful review of the chart on page 5 regarding quarterly subscriber totals and
franchise fees paid to the Commission reveals no significant trends other than modest
-6-
subscriber growth in the range of five percent (5%) or more per year while franchise fees
have increased at a slightly higher percentage due increases in subscriber rates.
MediaOne has included franchise fee revenue as a revenue item In its calculations
and therefore, has been remitting the appropriate franchise fee despite the recent reversal
of a 1995 FCC decision regarding the inclusion of franchise fees in the calculation of "gross
revenues." In many cases, cities across the country are seeking reimbursement from cable
operators for fees which were not remitted because the operator excluded franchise fee
revenue from its total gross revenues calculation. This does not appear to be the case
based on the information provided by MediaOne.
MediaOne's methodology for dealing with bad debt expense is consistent with
generally accepted accounting principals and we note no negative trends or concerns with
respect to MediaOne's treatment of bad debt.
Overall, based on the limited information made available by MediaOne for our
review, we find no mathematical errors in MediaOne's franchise fee payment calculations
nor do we find any revenue categories which have been excluded by MediaOne in its
calculation of gross revenues on which the franchise fee payments are based. Please. note,
however, that given the limited information provided to us to perform this review, we are
unable to speak to the accuracy of the data provided by MediaOne. Moreover, we were
unable to review quarterly data used by MediaOne to prepare its quarterly revenue
summaries.
CONCLUSION
Based on the foregoing, we do not believe any specific action is required by the
Commission with respect to franchise fee payments remitted by MediaOne. Given the
limited scope of the review performed by Moss & Barnett, P.A., we do not recommend that
the Commission reach any conclusion regarding the accuracy of franchise fee payments
made by MediaOne for calendar years 1994, 1995 and 1996. To the extent an additional
full "audit" of MediaOne's books and records is ever performed, the Commission should
reserve its rights to collect past due franchise fee payments from MediaOne for this time
period. MediaOne should be placed on notice that it should not rely on our observations
contained within this report as verification that it has fully complied with all the terms and
requirements of the Commission's franchise.
Rather, the Commission should simply acknowledge acceptance of this report and
reserve all of its rights to conduct any further reviews/audits of MediaOne's franchise fee
payments as may be necessary and appropriate to enforce compliance with the
Commission's franchise.
144001/334 10 1!.DOC
-7-
EXHIBIT 1
FRANCHISE FEE PAYMENT INFORMATION
MADE AVAILABE BY COMMISSION
for NDC Commission
Bad Debt
1.513
Rate z
Franchise Fee 75 681.40
Fee
Transmitted 75.681.40
r I�
—�,
I ! �` Jeffry C. Scheuerman
Regional Controller
Tide:CZ Zt� Alij�iL, �1� ' includes Guide and Installation
revenue
Date:
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224.2697
RECEIVED MAY
i J
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Sumnuu'y
Submittal Date: May 13, 1994
For Period: Ist Quarter 1994
Basic Broadcast
Service Revenue
January
$131,580
Febnmry
$130,204
March
$135 004
Tot
$396,7881
Satellite Service
231,424-
22,7539
230,271
689,234
Exittipment
8,043
8 223
8,231
24 497
AnciHary Service "
11.266
10,732
10,642
32 640
Pay Revenue
96,493
95,825
94,921
287,239
Pay Per View Revenue
8,522
12,560
9,019
30 101
Home Shopping Revenue
3,083
3,260
2,706
9 049
Advertising Sales
Revenue
20,273
22,049
18,104
60,426
1,529,974
for NDC Commission
Bad Debt
1.513
Rate z
Franchise Fee 75 681.40
Fee
Transmitted 75.681.40
r I�
—�,
I ! �` Jeffry C. Scheuerman
Regional Controller
Tide:CZ Zt� Alij�iL, �1� ' includes Guide and Installation
revenue
Date:
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224.2697
--lk
CONTINENTAL CABLEVISION OF ("
ST. PAUL, INC. ci
Chr,,I, fllc?9(?7
vH R
INVOICE NO,
DATE
MEMO
GROSS AMOUNT
DISCOUNT
NET AMOUNT
027412
05/4/94
05/04/94
FRANCHISE FEE 1ST
75681.40
0.00
75681.40
RECEIVED
MY 1 31994
NOR039 NORTHERN DqWTA COUNTY TOTALS 6
75681.4d
0.9�
75681.40
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Si ignifying Receipt
for NDC Commission
"isle: X
12 c
Date:
Jeffry C. Scheuerman
Regional Controller
includes Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
Submittal Date:
For Period: Inti
Ang I? 1994
Garter 1994
April
Mav
June
Total
Basic Broadcast
Service Revenue
$135,064
$135,223
$134,142
$404,429
Satellite Service
230,987
231,699
229,688
692,374
Equipment
8,442
8,609
.8,625
25,676
Ancillary Service *
12,829
12,003
11,884
36,716
94,551
92,489
90,031
277,071
Pav Revenue
Pay Per View Revenue
10,210
12,043
14,155
36,408
Home Shopping Revenue
7,182
6,983
44,266
58,431
Advertising Sales
evenue
Revenue---
20,920
18,314
11,991
51,225
1,582,330
1.582.3'
Bad Debt
f 14 12M
1,568 ,205
Rate
Franchise Fee
78,410.25
Fee
Transmitted
78.410.25
Si ignifying Receipt
for NDC Commission
"isle: X
12 c
Date:
Jeffry C. Scheuerman
Regional Controller
includes Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
CONTINENTAL CABLEVISION OF Gollor,
ST. PAUL, INC. 4m
Check 020980
NO
INVOICE No.
DATE 1
MEMO
GROSS AMOUNT
DISCOUNT
NET AMOUNT
28656
08/02/94
08/02/94
2ND QTR FRANCHISE
78410.25
0.00
78410.25
MOR039 NORTHERN DAKOTA COUNTY TOTALS ►
78410.25
0-00
78410.25
VFwnnn
Basic Broadcast
Service Revenue
Satellite Service
Ancillary Service
Pay Revenue
Pay Per View Reve
Home Sh2pj2ing Re
Advertising Sales
Revenue
Sign Signifying Receipt
for ND Commission
ide:
RECCEIVEO NOV 1 5 199
a -
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: Nevem _her 14, 1994
$126,959
$120,705
1,497,876
230 505
228,757
(14,230)
8,700
8,759
1,483.646
12,155
12,542
x 5%
90,811
90,633
74,182.30
10,600
12,407
4,140
2,155
15,807
16,578
$74,182.30
$121,01
8,855
12,496
91,798
14,450
2,471
24,034
=10420-111111
Total
$368,674
689,811
26.314
273,242
37,457
8,766
56,419
Jeffry C. Scheuerman
Regional Controller
includes Guid& and Installation
revenue
Union Depot Place - 214 E. Fourth Street * St. Paul, MN 55101 a Telephone: (612) 224-2697
1,497,876
Bad Debt
(14,230)
1,483.646
Rate
x 5%
Franchise Fee
74,182.30
Fee
Transmitted
$74,182.30
Jeffry C. Scheuerman
Regional Controller
includes Guid& and Installation
revenue
Union Depot Place - 214 E. Fourth Street * St. Paul, MN 55101 a Telephone: (612) 224-2697
CONTINENTAL CABLEVISION OF (law
ST. PAUL, INC. C)
C f i c- c k C (cc I r- 16
VOUCHEA--
NO
INVOICE NO
DATE
MEMO
GROSS AMOUNT
DISCOUNT
NET AMOUNT
:.30-�?4
11/11/94
1J.-"11/?4
:-,*RD QTR 94 FRANCHIS
74182. 30
0.00
7 4162.'300
RECEIVED F
ECE
5 IVA
NOR039 NORTHERN DAKOTA COUNTY TOTALS 0
74182.30
0.00
74182.30
VENDOR
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: Eehniary 14, 1995
October I November I December I Total
Basic Broadcast
Service Revenue
$122,945
$123.409
$125,780
$372,134
Satellite Service
233,098
235,213
237,536
705,847
Equipment
9,028
9,147
9,927
28,102
Ancillary Service *
13,530
12,287
12,389
38,206
Pav Revenue
92,208
92,678
96.964
281,850
Pav Per View Revenue
7,203
11,604
13,494
32,301
Home Shopping Revenue
4.801
1,724
(5,660)
1,865
Advertising Sales
Revenue
29,176
27,471
17,393
74,040
Sign Signifying Receipt
for`1<1DC Commission
1,534,345
Bad Debt (5,448)
1.528.897
Rate 1-5-07a
Franchise Fee 76.444.85
Fee
Transmitted $76,444.85
Obert C. Swihart
Assistant Controller
* includes Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul. MN 55 10 1 • Telephone: (612) 224-2697
CONTINENTAL CABLEVISION OF
ST. PAUL, INC.
C'hP.- t. i0%'1 g�:)
�V UCHER
NO
INVOICE NO
DATE
MEMO
GROSS AMOUNT
DISCOUNT
NET AMOUNT
:2084
02/08/95
02/08/95
4TH ITR 94' FRANCHI
76444.55
0.00
76444.85
- NOR039 NORTHERN DAKM COUNTY TOTALS
76444.85
0.00
76444.85
Continental Cablevision
RECEIVED MAY 1 6 M of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: _"'Vily 15, 199-5
Sign Signifying Receipt
for NDC Commission
Tide: L11
1.592,461
Bad Debt 1 (815)
1.591,646
Rate I Y -50yo
Franchise Fee 1 79,582.30
Fee
Transmitted $79,582.30
o rt Cl. Swihart
Assistant Controller
" includes Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224.2697
January
February
March
Total
Basic Broadcast
Service Revenue
$126,985
$127,726
$128,787
$383,498
Satellite Service
238,942
240,597
241,599
721,138
Equipment
12,698
14,200
14,523
41,421
Ancillary Service *
12,972
12,740
__11,475-
__.__ 37,187-
Pav Revenue
98,739
99,566
99,684
297,989
Pav Per View Revenue
10,915
12,966
10,967
34,848
Home Shopping Revenue
2,268
3,826
2,779
8,873
Advertising Sales
Revenue
17,701
20,357
29,449
67,507
Sign Signifying Receipt
for NDC Commission
Tide: L11
1.592,461
Bad Debt 1 (815)
1.591,646
Rate I Y -50yo
Franchise Fee 1 79,582.30
Fee
Transmitted $79,582.30
o rt Cl. Swihart
Assistant Controller
" includes Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224.2697
CONTINENTAL CABLEVISION OF
ST. PAUL, INC.
CFUNE'Ff'-- I MEMO
NO iNvOiCE NO DATE
951 -Li:�I' Qi'R FRAN FEED
ca\JEDl MAY 1 61995
GROSSAMOUNT DISCOUNT NETAMOUNI
Ce c�
79`821 , '3C cl . cirl
NOR039 NORTHERN DAKOTA COUNTY TOTALS # 1 7958-2.30 1 0.00 1 79582 30
VENDOR- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: —All-prit 14. 1995
MMILMOIRM
Jeffry C. Scheue-man
Regional Controller
Sign Signitying Receipt
for Commission
ion
itle
: 21 includes Guide and Installation
revenue
Union Depot Place - 214 E. Fourth Street . St. Paul, MN 55101 - Telephone: (612) 224-2697
April
Mav
June
Total
Basic Broadcast
Service Revenue
$129,388
$129,553
$130,306
5389,247
Satellite Service
245,040
245.273
246.119
736,432
Equipment
14,856
15,221
15,985
46,062
Ancillary Service
10,140
10.412
13.363
33.915
Pav Revenue
98,791
97,561
95,897
292.249
Pav Per View Revenue
15,331
13,930 50
12.006
41,267
Home Shopping Revenue
608
3,192
3,3374
7,174
Advertising Sales
Revenue
16,136
22,167
21,850
60,153
Fad Debt
Rate
Franchise Fee
Fee
Transmitted
1.606.499
(10,724)
1.595.775
Y 501l)
79,783.75
579,788.75
Jeffry C. Scheue-man
Regional Controller
Sign Signitying Receipt
for Commission
ion
itle
: 21 includes Guide and Installation
revenue
Union Depot Place - 214 E. Fourth Street . St. Paul, MN 55101 - Telephone: (612) 224-2697
CONTINENTAL CA0LEV|S|OmOP %��
VO-UCHER
NO
INVOICE NO
DATE__
MEMO
GROSSAMOUNT
DISCOUNT
NET AMOUNT
RECEIVED AU(
4 10
TOTALS
7ci
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: November 14 1995
tember I Total
Basic Broadcast
Service Revenue
$128.867
$128.761
$129,173
$386.802
Satellite Service
240,714
243,013
244,856
728.583
Equipment
14,394
16,274
16,450
47,118
Ancillary Service *
12.164
12,410
12.677
37.251__
Pay Revenue
94.188
94,191
93,626
282,005
Pav Per View Revenue
15,079
26.107
14,619
55,805
Home Shopping Revenue
2,526
1.181
2,361
6.068
Advertising Sales
Revenue
19,204
19,407
23,877
62,488
Sign Sigtufying Receipt
for NDC (Commission
rifle: L�,,wY1 `
11 1
Jeffry C. Scheuerman
Regional Controller
includes Guide and Installation
revenue
Union Depot Place • 214 East Fourth Street • St. Paul, Minnesota 55101-1492 • Telephone (612) 224.2697
1.606.120
Bad Debt
(15.628)
1.590.492
Rate
m--5-Ya
Franchise Fee
79.524.60
Fee
Transmitted
$79,524.60
11 1
Jeffry C. Scheuerman
Regional Controller
includes Guide and Installation
revenue
Union Depot Place • 214 East Fourth Street • St. Paul, Minnesota 55101-1492 • Telephone (612) 224.2697
CONTINENTAL CABLEVISION OF
ST. PAUL, INC.
Vt
NO
INVOICE NO
DATE
MEMO
GROSS AMOUNT
DISCOUNT
NET AMOUNT
.1 ?5
A- IC I i I 'liF.- -Ql-r 1
79524 LL)(.',
NOR039 NORTHERN DAW&A COUNTY TOTALS 1
79524.60
0.00
795-24.60
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
October I November I December I Total
Basic Broadcast
Service Revenue
5130.386
5131.502
5132.016
5393,904
Satellite Service
246,243
247.421
257,024
750,688
Equipment
17,927
18,998
21.477
58,402
Ancillary Service *
14,194
13,427
,14,021
__-41.642-
Pav Revenue
96.461
98,538
99.119
294,118
Pav Per View Revenue
9,210
18.293
12.957
40,460
Home Sh022ing Revenue
2,372
2,678
14.152
19,202
Advertising Sales
Revenue
25,528
29,945
29,649
85,122
Sign Signifying Receipt
for NDC Commission
. itle:
1.683.538
Jeffry C. Scheuerman
Regional Controller
* includes Guide and Installation
revenue
Union Oepot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
Bad Debt
(6.741)
1.676.797
Rate
Franchise Fee
83.839.85
Fee
Transmitted
583.839.85
Jeffry C. Scheuerman
Regional Controller
* includes Guide and Installation
revenue
Union Oepot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
CONTINENTAL CABLEVISION OF
COOK COUNTY, INC.
Check 069176
VOUCHER
NO
INVOICE NO
DATE
MEMO
GROSSAMOUNT
DISCOUNT
NETAMOUNT
125709
02/96
02/07!96
NDC 4TH ITR , FRANCHI
83839.85
0.00
8380.85
NOR039 NORTHERN DAKOTA COUNTY TOTALS
83834.85
0.00
83839.85
VENDOR
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: auQvst 14 1996
Sign Signifying Receipt
nor NJ Commission 'L�
Title:
Bad Debt 1 (18.421) 1
1.800.620 11
Race s L �
Franchise Fee I 90.031.00
Fee
Transmitted 590,031.00
'.; I �,�, Jeffry C. Scheuerman
Regional Controller
* includes. Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
Aoril
May
I June
I Total
Basic Broadcast
Service Revenue
5125.938
5125.869
5125.547
5377.154
Satellite Service
290.596
291.785
289.510
871.891
EQuit)ment
31.704
32.097
32.786
I 96.587
Ancillary Service *
5.562
5.617
5.649
16.828
-Pav-Revenue
96:250-
285.479y
94.-858-
94 3371
Pav Per View Revenue
18.742
12.807
14.393
45.942
Music Choice Revenue
15
40
39
I 94
Sega Channel Revenue
2.534
2.404
2.211
7.149
Home Showing Revenue
2.073
2.898 I
2.612
7.583
Lace Fee Revenue
8.012
7.640 I
8.574
:4.:26 ,
Advertising Sales
Revenue
31.152
30.273
24.483
85.908
I
1.819.041
Sign Signifying Receipt
nor NJ Commission 'L�
Title:
Bad Debt 1 (18.421) 1
1.800.620 11
Race s L �
Franchise Fee I 90.031.00
Fee
Transmitted 590,031.00
'.; I �,�, Jeffry C. Scheuerman
Regional Controller
* includes. Guide and Installation
revenue
Union Depot Place • 214 E. Fourth Street • St. Paul, MN 55101 • Telephone: (612) 224-2697
CONTINENTAL CABLEVISION Check No.
CENTRAL REGION
w r,as.w 0&#* 087115
VOUCH. NO
INVOICE NO.
DATE
DESCRIPTION
GROSS
DISCOUNT
BALANCE
158821
08198
08,06/'DE
FRANCHISE FEES 2ND
90,031.00
90,031.0,
RE
E1VEp AUG 1
6 JW6
=NDOR CODE VENDOR NAME
DR039 NORTHERN DAKOTA COUNTY
$90,031.00
$90,031.00
Continental Cablevision
of Saint Paul, Inc.
QUARTERLY REVENUE SUMMARY
Basic Broadcast Service Revenue
Satellite Service
Equipment
Ancillary Service'
Pay -Revenue
Pay Per View Revenue
Music Choice Revenue
ga Channel Revenue
Home Shopping Revenue
Late Fee Revenue
Advertising Sales Revenue
'Includes Guide and Installation Revenue
I ��) .0j, I
Sign Signifying Receipt
for NIPCCommission
Title
Date
JULY
$125,382
288,013
33,124
4,563
92,938
16,251
37
2,084
2,394
8,843
22,268
Submittal Date:
For Period:
AUGUST
SEPTEMBER
$124,838
$124,969
286,459
286,972
33,856
36,557
5,210
8,446
89,686
--90',427-
17,337
19,406
33
96
2,080
2,097
2,785
24,339
8,112
8,402
24,291 I
32,439
1841
Bad Debt
Rate
Franchise Fee
Fee Transmitted
Jeffry C. Scheuerman
Regi0nal Controller
November 14, 1996
3rd Quarter - 1996
TOTAL
$375,189
861,444
103,537
18,219
273;051
52,994
166
6,261
29,518
25,357
78,998
-64.4
($12,285)
$1,812,449
X 5%
$90,622.45
$90,622.45
Union Depot Place • 214 East Fourth Street • St. Paul, Minnesota 55101-1492 • Telephone (612) 224.2697
CONTINENTAL CABLEVISION Check No.
CENTRAL REGION
as w,dwMr 00" 094818
&Nvs.c n. win
VOUCH. NO
INVOICE NO.
DATE
DESCRIPTION
GROSS
DISCOUNT
BALANCE
173239
11/98
11/05/98
3RD QTR FRANCHISE F
90,822.45
90,822.4,
ENDOR CODE VENDOR NAME
OR039 NORTHERN DAKOTA COUNTY
$90,822.45
$90,822.45
-`ivCv i 't ,�5d1
Continental Cablevision
of Saint Paul, Inc.
Quarterly Revenue Summary
Submittal Date: February 14. 1997
For Period: 4th Omarcer 1996
October I November I December I Total
Basic Broadcast
Service Revenue
$126.117
S127.718
S130.075
5383.910
Satellite Service
290.370
295.981
304.643
890.994
EQuiomenc
37.601
38.166
38.676
114.443
Ancillary Service *
7.096
8.747
7.286
23.129
-Pav-Revenue
92:376"
93:514"
93.-191
279:081
Pav Per View Revenue
10.735
27.513 I
14.679
52.9'27
Music Choice Revenue
89
- 110 I
146
345
Sega Channel Revenue
2.026
1.964 I
2.082
6.072
Home Shopping Revenue
7,087
4.289
4.818
16.194
Late Fee Revenue
8.296
L 8.469 I
8.222
24.987
Advertising Sales
Revenue 1
27.055
24.347
35.442
86.844
Bad Debc
1.878.926
(9.977)
1.868.949
Rate
Franchise Fee
93.447.45
Fee
Transmitted
593.447.45
Jeffry C. Scheuerman
gn Signifying Receipt \ Regional Controller
r NDC Commission
includes Guide and Installation
Title: revenue
6/10
Union Oepot Place . 214 East Fourth Street • St. Paul. Minnesota 55101-1492 • Telephone: (612) 224-2697
CONTINENTAL CABLEVISION Check No.
CENTRAL REGION RECEIVEO FES 1 4 1997
606 kv*mMal 06" 103113
MMhur.k L 00126
VOUCH. NO.
INVOICE NO.
DATE
DESCRIPTION
GROSS
DISCOUNT
BALANCE
192044
02197
02104197
4TH OTR 98 FRANCHIS
93,447.45
93,447.4.
=NDOR CODE VENDOR NAME
7R039 NORTHERN DAKOTA COUNTY
$93,447.45
$93,447.45
09 r
W- : WA
MS. JODIE M. MILLER'S JULY 22, 1997
LETTER TO MEDIAONE
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
IUL Blame Avenue
4 Minn J
nver •Drove He�gnrs. esu c ^5� ;a0
"5C, a8o, FAX c12/450-:;__'
July 22, 1997
Mr. Robert E. Ryan
MediaOne
Vice President, Governmental Affairs
688 Industrial Drive
Elkhurst, IL 60126
Re: Northern Dakota County Cable Communications Commission
Dear Bob:
------The Northern -Dakota County Cable Communications Commission ("NDC4") will be
conducting a review of franchise fee payments made to NDC4 by Continental/MediaOne
("MediaOne") and MediaOne's accounting process as it pertains to franchise fees and other
payments to NDC4 for the years 1994 through 1996. Moss & Barnett, A Professional
Association, will be handling this franchise fee audit for NDC4. In particular, Brian T. Grogan,
Esq. and Robert B. Firing, Esq., CPA of Moss & Barnett will be handling the franchise fee audit.
Please direct all questions to their attention at (612) 347-0300.
In order to facilitate the franchise fee audit, two (2) copies of the following
documentation is requested to be provided to iVloss & Barnett, 4800 Norwest Center, 90 South
Seventh Street, Minneapolis, Nebraska 55402-4129, on or before August 6, 1997. The audit
will cover fiscal years 1994, 1995 and 1996. Therefore all documentation provided by
MediaOne should cover these time periods.
MediaOne's chart of accounts (including account numbers and account descriptions)
for the last three (3) fiscal years;
?. The number of customers located in NDC4 broken down on a monthly basis for each
of the past three (3) fiscal -years;
3. A map of MediaOne's service area within NDC4 with any significant changes over
the last three (3) years;
4. A listing of all relevant revenue accounting codes (i.e., codes that identify the
geographical location of customers. the customer class and the type of revenue)
Copies of any worksheets which show calculation of franchise fee payments for the
past three (3) fiscal years;
Mr. Robert E. Ryan
July 22, 1997
Page
6. Copies of either the quarterly working trial balance or financial statements for each of
the years in question. In the event MediaOne prepares financial statements by
division or subsidiary, a copy of the quarterly working trial balance or financial
statements of the CATV division or subsidiary;
7. Copies of worksheets or reports which show monthly gross revenue by account
number for each year being audited. This information will be required for each and
every revenue account, including those accounts excluded from the franchise fee
base;
0
If bad debt write-offs are deducted before calculating the franchise fee payment,
please provide an explanation of the MediaOne's write-off policy and supporting
documentation;. — —
9. Any reports from internal or external audits or reviews of the MediaOne's method of
accounting for franchise revenue which were conducted during the last three (3) fiscal
years; especially audits or reviews performed to verify the accuracy of computerized
franchise revenue reports;
10. A description of any internal checks that are routinely performed to ensure that
revenues earned in all cities served by the MediaOne tie to the MediaOne -wide
general ledger; and
11. For each annexation which has occurred during the 1994 - 1996 period, please state
number of days between the effective date of the annexation and the date MediaOne
began including revenue from customers annexed in the NDC4's franchise fee
payment.
Your cooperation in providing the above information is appreciated.
Very truly yours,
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
rv� ry
Jodie M. Miller
Executive Director
20223.2kr101 I.doc
-c Brian T Grogan
EXHIBIT 3
MED'IAONE'S NOVEMBER 5, 1997 RESPONSE
(EXCLUDING ATTACHMENTS)
ROBINS, KAPLAN, MILLER 8 CIRESI L.L.P.
ATTORNEYS AT LAW
ATLANTA 2800 LASALLE PLAZA
BOSTON 800 LASALLE AVENUE
CHICAGO MINNEAPOLIS. MINNESOTA 55402-2015
TELEPHONE (G12) 3=19-8500
LOS ANGELES FACSIMILE (G12) 339-4181
M I N N E A P O L IS
ORANGE COUNTY
SAINT PAUL
SAN FRANCISCO
WASHINGTON. D. C.
November 5, 1997
VIA COURIER
Brian T. Grogan, Esq.
Moss & Barnett, P.A.
90 South Seventh Street
Suite 4800
Minneapolis, MN 55402-4129
Jow4 F. GIBBS
(612)349-8765
�-Northem Dakota County Cable Communications -Commission Franchise Fee Audit
Our File No.: 028804-0003
Dear Brian:
On behalf of Continental Cablevision, and in response to the July 22, 1997 request of the Northern
Dakota County Cable Communications Commission, as well as subsequent conversations with your office,
we have enclosed under seal, subject to execution of the draft Confidentiality Agreement which we have
discussed, the requested documentation and information regarding the number of customers, revenue
accounting codes, work sheets, financial statements, quarterly revenue reports, and bad debt write-off
explanations. As I shared with you on the telephone, we have not included the MediaOne chart of accounts
given that, based on the information requested and documentation enclosed, we believe you will agree that
the chart of accounts will not be necessary or useful in developing your understanding or completing the
audit.
We have also enclosed the requested service area map. Your office should feel free to work
directly with Fran Zeuli and Steve Baker to obtain any additional information regarding that map in the
most useful manner. With respect to your question regarding annexation, we believe that there have been
no annexations since 1994.
Finally, with respect to the audits and internal checks, we request that your office feel free to
contact Mr Jeff Scheuerman directly'at 630-716-2252 to develop a full understanding of this process and
these issues.
Hopefully the enclosed information as well as your conversations with Fran Zeuli, Steve Baker, and
Jeff Scheuenman will be adequate to allow your office to successfully complete the audit. Should you like
to discuss these issues further or desire additional information, please do not hesitate to contact us.
Very truly yours,
ROBINS,. PLAN, MILLER & CIRESI
� y -
John F. Gibbs
JFG/ch
cc: Mr. Fran Zeuli
Mr. Robert Ryan
Mr. JeffScheuermau
Ms. Jody Miller w/confidentiality agreement via facsimile
MOSS & BARNETT
A Professional Association
REPORT TO THE
NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION
REGARDING
THE PROPOSED ASSIGNMENT OF
THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE
FROM
CONTINENTAL CABLEVISION OF ST. PAUL, INC.
TO -
CC -KI NG, LLC
DECEMBER.3, 1997
Prepared by:
Brian T. Grogan, Esq..
Moss & Barnett
A Professional Association
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4129
(612) 347-0340
9
4800 Norwest Center • 90 South Seventh Street • Nlinneapolis, NIN 55402-4129 • (6 12) 347-0300 • (612) 339-6686 fax
MOSS & BARNETT
A PH01: SS10NAL A.SSo('L\ 1'IUN
REPORT TO THE
NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION
REGARDING
THE PROPOSED ASSIGNMENT OF
THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE
FROM
CONTINENTAL CABLEVISION OF ST. PAUL, INC.
TO
CC -KING, LLC
DECEMBER 3, 1997
man
Section1. Introduction...................................................................................................1
Section2. Applicable Law..............................................................................................4
Section 3. Description of Proposed Assignment............................................................10
Section 4. Legal Qualifications.....................................................................................12
Section 5. Technical Qualifications..............................................................................15
Section 6. Financial Qualifications...............................................................................17
Section 7. Additional Issues..........................................................................................20
Section 8. Recommendations........................................................................................24
Recommended Resolution.....:........................................................................................25
CorporateGuaranty....................................................................................................... 30
ExHIBIT A — Request for Further Extension of Special Relief
MOSS & BARNETT
\ I'I4111-I X\IONAL \\',III IA fIIIN
REPORT TO THE
NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION
REGARDING
THE PROPOSED ASSIGNMENT OF
THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE
FROM
CONTINENTAL CABLEVISION OF ST. PAUL, INC.
TO
CC -KING, LLC
DECEMBER 3, 1997
SECTION 1. INTRODUCTION
The -Northern -Dakota County Cable Communications-Commission-("NDC4")-has—
before it a request from its Grantee, Continental Cablevision of St. Paul, Inc.
("Continental") to approve the proposed assignment of the Cable Communications
Franchise Ordinance to CC -King, LLC -("CC -King"). Pursuant to Minnesota Statutes, Section
238.083 and the Cable Communications Franchise Ordinance of NDC4, as adopted by
NDC4 and its member municipalities (the "Franchise"), at Section 12.01, this proposed
assignment of the Franchise from Continental to CC -King is prohibited without the written
consent of NDC4.
As will be more fully explained in Section 4, Legal Qualifications, Continental is
wholly-owned by MediaOne of Delaware, Inc. (formerly Continental Cablevision, Inc.,
hereinafter collectively referred to as "MediaOne"). CC -King will serve as the new Grantee
under NDC4's Franchise. The ultimate parent company of CC -King is Charter
Communications, Inc. which, together with its investors, Warburg, Pincus Ventures, L.P.
and Kelso & Company, have created CCTC Holdings, Inc. ("CCTC") which, in turn, will
own 100% of a newly formed Charter Communications Twin Cities, Inc. that, in turn, will
own 100% of Charter Communications Ivtinnesota, Inc. (hereinafter these entities may be
collectively referred to as "Charter"). Charter Communications Minnesota, Inc. will act as
the manager of CC -King.
In light of the request by MediaOne and the procedural requirements outlined in
Minn. Stat. § 238.083 as well as Section 12.01 of the Franchise, Moss & Barnett, A
Professional Association, has been retained by NDC4 and was asked to provide this report.
In preparing this report, Moss & Barnett has relied upon information submitted by
MediaOne and Charter, including:
MOSS & BARNETT
IN VR(11-1 \\IIIN AI : YSM I\ I ION
FCC Form 394 dated July 15, 1997 regarding the proposed assignment;
2. Agreement to Purchase Assets between CCTC Holdings, Inc., Continental,
King Videocable Company—Minnesota, and MediaOne of Delaware, Inc.
dated May 27, 1997;
3. Audited financial statement of Charter Communications, Inc. ("CCI") and
subsidiaries, with statements of operations for calendar years 1994, 1995,
and 1996, but balance sheets only as of December 31, 1995 and
December 31, 1996;
4. Financial statements for Warburg, Pincus Ventures, L.P. for the years ended
December 31, 1996 and 1995, with report of independent auditors;
5. Financial statements—income tax bases and supplemental schedules for the
years ended December 31, 1996 and 1995, and independent auditors report
for Kelso Investment Associates V, L.P.
. As NDC4 commissioners may recall, the need for MediaOne to assign the NDC4
Franchise to CC -King results from an FCC Cable Services Bureau Memorandum Opinion
and Order in the Matter of US West, Inc. and Continent'al Cablevision, Inc., 11 FCC Rcd
13260 (CSB, 1996) ("Order"). Within the Order, the FCC granted US West a temporary
period after its merger with Continental Cablevision, Inc. to make definitive arrangements
to divest its in -region cable interests as required under Section 76.505(a) (the "Telco/Cable
Buy -Out Restriction"). As a result of the FCC's Order, MediaOne entered into the
agreement by which Charter would purchase approximately 300,000 subscribers in this
market for a price of about $600 million.
Upon receipt of FCC Form 394 in July of 1997, NDC4 began to review the legal,
technical and financial qualifications of Charter and the proposed Grantee, CC -King.
Recently, however, questions have been raised regarding whether Charter and MediaOne
will close the proposed transaction. On November 14, 1997, US West, Inc. submitted a
Request for Further Extension of Special Relief to the FCC, requesting that the FCC grant a
further limited extension of time, until July 31, 1998, by which US West, Inc. must comply
with the requirements of the FCC's original Order. The additional extension of time was
requested to allow US West to divest its cable television systems, not to Charter, but to US
West Media Group, which is to be split off from US West into an entirely separate,
independent, publicly traded company.
Despite the Request for Special Relief submitted by US West, US West and Charter
continue to seek franchising authority approvals of the proposed transaction. Incidentally,
Charter is seeking to be deemed a "party" in the US West proceeding before the FCC and
has expressed its intention to submit an opposition in the proceeding before the FCC.
-2-
MOSS & BARNETT
A I'll 111-1 NSIONA I. i NSM IA I II IN
While it is impossible to predict how the FCC may rule on this matter, the impact on
NDC4 is significant.
Neither MediaOne nor Charter will grant any further extension of NDC4's time
period within which it must take action on the proposed transaction by and between
MediaOne and Charter. Therefore, NDC4's deadline for action on this matter remains
January 7, 1998. At that meeting, NDC4 must either approve or deny MediaOne's request
for assignment of the Franchise to CC -King. However, even if NDC4 approves the
assignment of the Franchise to CC -King, an FCC decision in favor of US West may result in
termination of the Agreement to Purchase Assets by and between Charter and MediaOne,
which would render all NDC4 action with respect to CC -King moot.
NDC4 would then be forced to review and consider the legal, technical and
financial qualifications of US West's Media Group, which would be the proposed new
Grantee for the system once the split with US West takes place. Since US West is arguing
that US West Media Group would be an entirely separate, independent and publicly
_traded_compan y,_US_West_Media Group would clearl y_be required to seek approval from
NDC4 under both the Franchise and Minnesota Statutes Chapter 238.
While NDC4 staff and legal counsel have argued that no action should be taken by
NDC4 to consider CC -King and Charter until clarification is provided by the FCC with
respect to US West's petition, neither Charter nor MediaOne were willing to grant such an
extension. Rather, MediaOne and Charter have required that NDC4 consider whether CC -
King is legally, technically and financially qualified on or before January 7, 1998. In the
event NDC4 takes no action by January 7, 1998, NDC4's inaction could be argued to serve
as an implied approval of the proposed assignment. Moreover, while NDC4 could seek to
deny the proposed assignment due to the uncertainty regarding whether the proposed
assignment will, in fact, occur, this is a case of first impression and it is difficult to
determine whether such a decision by NDC4 would be upheld by a reviewing court.
Therefore, we have prepared this report to outline the legal, technical and financial
qualifications of CC -King, as well as other issues relevant to the proposed assignment.
Based on this analysis, we have prepared a resolution approving the proposed assignment
based on several conditions as will be more fully explained herein.
-3-
MOSS & BARNETT
A ['11111 LSSIIINAI. ASSM IMIIIN
SECTION 2. APPLICABLE LAW
The following provisions of federal law, Minnesota law, and the Franchise govern
the actions of NDC4 in acting on the request of MediaOne for approval of the assignment
of the Franchise to CC -King.
• The Cable Communications Policy Act of 1984, as amended by the Cable Consumer
Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (the
"Cable Act"), provides at Section 617 (47 U.S.C. § 537):
A franchising authority shall, if the franchise requires franchising authority
approval of a sale or transfer, have 120 days to act upon any request for approval
of such sale or transfer that contains or is accompanied by such information as is
required in accordance with Commission regulations and by the franchising
authority. If the franchising authority fails to render a final decision on the
request within 120 days, such request shall be deemed granted unless the
requesting party and the franchising authority agree to an extension of time.
• The Cable Act also provides at Section 613d (47 U.S.C. § 533d) as follows:
(d) Regulation of Ownership v States or Franchising Authorities
Any State or franchising authority may not prohibit the ownership or
control of a cable system by any person because of such person's ownership or
control of any other media of mass communications or other media interests.
Nothing in this section shall be construed to prevent any State or franchising
authority from prohibiting the ownership or control of a cable system in a
jurisdiction by any person (1) because of such person's ownership or control of
any other cable system in such jurisdiction, or (2) in circumstances in which the
State or franchising authority determines that the acquisition of such a cable
system may eliminate or reduce competition in the delivery of cable service in
such jurisdiction.
• The Cable Act also provides at Section 652 (47 U.S.C. § 572) as follows:
No local exchange carrier or any affiliate or such carrier owned by,
operated by, controlled by, or under common control with such carrier may
purchase or otherwise acquire directly or indirectly more than a 10'percent
-4-
MOSS & BARNETT
IN PHIIHSSIONA1.A1SO( IMION
financial interest, or any management interest, in any cable operator providing
cable service within the local exchange carrier's telephone service area.
(d)(6) Waivers
The Commission may waive the restrictions of subsections (a), (b), or (c)
only if —
(A) the Commission determines that, because of the nature of the market served
by the affected cable system or facilities used to provide telephone exchange
service —
(i) the affected cable operator or local exchange carrier would be
subjected to undue economic distress by the enforcement of such
provisions;
(ii) the system or facilities would not be economically viable if such
provisions were enforced, or
(iii) the anticompetitive effects of the proposed transaction are clearly
outweighed in the public interest by the probable effect of the
transaction in meeting the convenience and needs of the
community to be served; and
(8) the local franchising authority approves of such waiver.
• Further, the Federal Communications Commission ("FCC") has promulgated regulations
governing the sale of cable systems. Section 76.502 of the FCC's regulations (47 C.F.R. §
76.502) provides:
47 C.F.R. § 76.502 Time Limits ARAlicable to Franchise Authority Consideration
of Transfer A,pRlications
(a) A franchise authority shall have 120 days from the date of submission of a
completed FCC Form 394, together with all exhibits, and any additional
information required by the terms of the franchise agreement or applicable
state or local law to act upon an application to sell, assign, or otherwise
transfer controlling ownership of a cable system.
(b) A franchise authority that questions the accuracy of the information
provided under paragraph (a) must notify the cable operator. within 30 days
-5-
MOSS & BARNETT
A INN FESS IONA I. ASND(IA HON
of the filing of such information, or such information shall be deemed
accepted, unless the cable operator has failed to provide any additional
information reasonably requested by the franchise authority within 10 days
of such request.
(c) If the franchise authority fails to act upon such transfer request within 120
days, such request shall be deemed granted unless the franchise authority
and the requesting party otherwise agree to an extension of time.
• Finally, Section 76.505, Prohibition on Buyouts, provides in pertinent part:
(a) No local exchange carrier or any affiliate of such carrier owned by,
operated by, controlled by, or under common control with such carrier
may purchase or otherwise acquire directly or indirectly more than a 10
percent financial interest, or any management interest, in any cable
operator providing cable service within the local exchange carrier's
telephone service area. .
(d)(6) The Commission may waive the restrictions of paragraphs (a), (b), or (c)
only if:
(i) The Commission determines that, because of the nature of the
market served by the affected cable system or facilities used to
provide telephone exchange service:
(A) The affected cable operator or local exchange carrier would
be subjected to undue economic distress by the enforcement
of such provisions;
(B) The system or facilities would not be economically viable if
such provisions were enforced, or
(C) The anticompetitive effects of the proposed transaction are
clearly outweighed in the public interest by the probable_
effect of the transaction in meeting the convenience and
needs of the community to be served, and
(ii) The local franchising authority approves of such waiver.
• Minnesota Statutes Section 238.083, Sale or Transfer of Franchise, provides:
Subd. 1. Fundamental corporate change defined. For purposes of this
section, "fundamental corporate change" means the sale or transfer,of a majority
W
MOSS & BARNETT
A PIA01- NSIIINAI :\slot IAIION
of a corporation's assets; merger, including a parent and its subsidiary
corporation; consolidation or creation of a subsidiary corporation.
Subd. 2. Written approval of franchising authority. A sale or transfer of a
franchise, including a sale or transfer by means of a fundamental corporate
change, requires the written approval of the franchising authority. The parties to
the sale or transfer of a franchise shall make a written request to the franchising
authority for its approval of the sale or transfer. The franchising authority shall
reply, in writing, within 30 days of the request and shall indicate its approval of
the request or its determination that a public hearing is necessary if it determines
that a sale or transfer of a franchise may adversely affect the company's
subscribers. The franchising authority shall conduct a public hearing on the
request within 30 days of that determination.
Subd. 3. Notice of hearing. Unless otherwise already provided for by
local law, notice of the hearing must be given 14 days before the hearing by
publishing notice of it once in a newspaper of general circulation in the area _
being served by the franchise. The notice must contain the date, time, and place
of the hearing and must briefly state the substance of the action to be considered
by the franchising authority.
Subd. 4. Approval or denial of sale or transfer request. Within 30 days
after the public hearing, the franchising authority shall approve or deny, in
writing, the sale or transfer request. The approval must not be unreasonably
withheld.
Subd. S. Sale or transfer of franchise without system. The parties to the
sale or transfer of a franchise only, without the inclusion of a cable
communications system in which at least substantial construction has
commenced, shall establish that the sale or transfer of only the franchise will be in
the public interest.
Subd. 6. Sale or transfer of stock. Sale or transfer of stock in a
corporation so as to create a new controlling interest in a cable communications
system is subject to the requirements of this section.
The term "controlling interest", as used herein, is not limited to majority
stock ownership, but includes actual working control in whatever manner
exercised.
-7-
MOSS & BARNETT
•\ I'unrrxsuiN�i.Atia��'i.�nnu
• The NDC4 Franchise at Section 12.01, Sale or Transfer of Franchise, provides:
A. This Franchise shall not be sold, assigned or transferred, either in
whole or in part, or leased or sublet in any manner, nor shall title thereto, either
legal or equitable, on any right, interest or property therein, pass to or vest in any
person without full compliance with the procedure set forth in this section
provided, however, that this Section shall not prevent the mortgage, assignment,
or hypothecation of the System or Franchise for financing purposes by Grantee
without such approval. The provisions of this Section shall apply to the sale or
transfer of all or a majority of Grantee's assets, merger (including any parent and
its subsidiary corporation), consolidation, creation of a subsidiary corporation.or
sale or transfer of stock in Grantee so as to create a new controlling interest in the
System. The term "controlling interest" as used herein is not limited to majority
stock ownership, but includes actual working control in whatever manner
exercised. 11
1. The parties to the sale or transfer of this Franchise shall make
a written request to the Commission for its approval of a sale or transfer, of
-•-- this Franchise. Commission shall then make a determination pursuant to
Sections 12.02 and 12.03 of this Franchise as to the exercise of its first right
of refusal to purchase System.
2. Commission shall reply in writing within sixty (60) days of
the request and shall indicate approval of the request or its determination
that a public hearing is necessary due to potential adverse effect on
Grantee's subscribers.
3. If a public hearing is deemed necessary pursuant to (2)
above, such hearing shall be conducted within thirty (30) days of such
determination and notice of any such hearing shall be given fourteen (14)
days prior to the hearing by publishing notice thereof once in a newspaper
of general circulation. in the area being served by the Franchise and regular
notice throughout each day for at least fourteen days on at least one
channel of System. The notice shall contain the date, time and place of
the hearing and,shall briefly state the substance of the action to be
considered by the Commission.
4. Within thirty (30) days after the public hearing, the
Commission shall approve or deny in writing the sale or transfer request.
Commission shall not unreasonably withhold approval.
S. Commission shall notify the Board and City of the transfer of
any interest in the System of this Franchise in accordance with the then
-8-
MUSS & BARNETT
1% PROH.SSIONA LASSOC[A PIAN
applicable rules, regulations or laws. The notification shall be
accompanied by the written certification of the transferee that it meets all
of the requirements with respect to technical ability and financial stability
demanded of the original Grantee.
6. Commission shall cause to be sent to the Board a copy of all
public documents related to sale or transfer of the Franchise.
7. The parties to the sale or transfer of a Franchise only without
the inclusion of a cable communications system in which at least
substantial construction has commenced, shall establish that the sale or
transfer of a Franchise only will be in the public interest.
8. Grantee, upon transfer, shall within sixty (60) days thereafter
file with the Commission a copy of the deed, agreement, mortgage, lease
or other written instrument evidencing such sale, transfer of ownership or
control or lease, certified and sworn to as correct by the Grantee.
B. In reviewing a request for sale or transfer pursuant to paragraph (A)
above, Commission may inquire into the qualifications of the prospective
controlling party, and Grantee shall assist Commission in so inquiring.
Commission may condition said transfer upon such terms and conditions as it
deems reasonably appropriate. In the absence of extraordinary circumstances,
Commission shall not approve any transfer or assignment of the Franchise prior to
substantial completion of construction of the System, as determined solely by
Commission. In no event shall a transfer or assignment of ownership or control
be approved without the transferee becoming a signator to this Franchise, and
reimbursing Commission and City for all costs and expenses, including attorneys'
fees resulting from such sale or transfer.
-9-
MOSS & BARNETT
A 1'III11I:\\ IONA 1. i\\\t)( IA IION
SECTION 3. DESCRIPTION OF PROPOSED ASSIGNMENT
The current Grantee for the NDC4 Franchise is Continental Cablevision of St. Paul,
Inc. ("Continental"). The parent of Continental is MediaOne of Delaware, Inc.
("MediaOne") which is ultimately owned and controlled by US West, Inc. Continental
entered into an Agreement to Purchase Assets ("Agreement") with CCTC Holdings, Inc.
("CCTC"). MediaOne is the indemnitor to the Agreement since, given its control of
Continental, it has authority to require the sale of assets. Following closing of the
proposed assignment, the Grantee for the NDC4 franchise will be CC -King, which will be
owned by Charter Communications Twin Cities, Inc. which, in turn, will be wholly-owned
by CCTC, a subsidiary of Charter Communications, Inc. Below, we have outlined a brief
description of the current corporate structure and, on the following page, we have outlined
the organizational structure for CC -King following the close of this proposed transaction.
Simultaneous with the asset purchase, which is the subject of our review, a stock
purchase will occur by CCTC from MediaOne. The stock purchase will affect those
communities currently being provided service by Meredith Cable; in particular, the cable
television systems owned and operated by Group W Cable of Burnsville/Eagan, Inc., - -
Group W Cable of North Suburbs, Inc., Group W Cable of Quad -Cities, Inc., Group W
Cable of North Central Suburbs, Inc., Group W Cable of Ramsey/Washington, Inc., and
Group W Cable of Columbia Heights/Hilltop, Inc.
CC -King will serve as the Grantee for not only NDC4 but all of the previous King
Videocable systems in Minnesota and western Wisconsin. CC -St. Paul, LLC will serve as
the Franchisee for the City of St. Paul.
CURRENT CORPORATE STRUCTURE
US WEST, INC.
100%
MediaOne of Delaware, Inc.
t100%
Continental Cablevision of St. Paul, Inc.
(NDC4's current Grantee)
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MOSS & BARNETT
A PRIII'IISSIONAL ASNOCIA PION
Warburg, Pincus
Ventures, LP
69.4%
ORGANIZATIONAL STRUCTURE AFTER CLOSE
Charter
Communications,
Inc. ("Charter")
15%
CCTC Holdings,
Inc. ("CCTC")
100%
IF
Charter ____
Communications
Twin Cities, Inc.
("Twin Cities")
199%
Kelso & Company
15.6%
Preferred
Equity
Note held by Seller
($60 mil)
-Senior Bank -FaciIity-($420 mil)
100%
Charter
Communications -
1% Minnesota, Inc. 1%
("Minnesota")
CC—King, LLC
("King")
* King Videocable systems in
Minnesota and Wisconsin
Northern Dakota Franchise
99%
CC—St. Paul,
LLC ("St. Paul")
* St. Paul Franchise
MOSS & BARNETT
A I'llM l $<II)NAl .\SS0( iAnnu
SECTION 4. LEGAL QUALIFICATIONS
The legal qualifications standard relates primarily to an analysis of whether the
proposed assignment of the Franchise from MediaOne to CC -King results in a Grantee that
is duly organized and authorized to own and control the cable system and the Franchise
and which is otherwise structured in accordance with all applicable laws. The standard of
review applicable is that NDC4's consent shall not be unreasonably withheld.
Given that CC -King is a newly created entity that will be managed by Charter,
NDC4 must evaluate not only CC -King's legal qualifications but those of Charter and its
subsidiaries.
CC -King is a Delaware limited liability company which was created on May 15,
1997. Owners of a limited liability company are shielded from personal liability for debts,
liabilities and obligations in excess of their investment in the company. In this way, a
limited liability company resembles a corporation. However, limited liability companies
enjoy treatment by the Internal Revenue Service as a partnership, making them more
desirable in certain circumstances. CC -King was a validly created limited liability
company under the laws of the State of Delaware and remains in good standing as of the
date this report was prepared.
Included within CC -King's FCC Form 394 was a Certificate of Authority to transact
business in Minnesota issued on May 22, 1997. Referring to the corporate structure of
CC -King following close of this proposed transaction, each of the entities listed therein
remains in good standing either under the laws of the State of Delaware or laws of the State
of Minnesota and we have no specific legal concerns regarding the proposed corporate
structure.
CC -King and Charter have stipulated that no adverse finding has been made nor an
adverse final action taken by any court or administrative body with respect to Charter in a
civil, criminal or administrative procedure, brought under the provisions of any law or
regulation relating to the following: any felony; revocation, suspension or involuntary
transfer of any authorization (including cable franchises) to provide video programming
service; mass media related anti-trust or unfair competition; fraudulent statements to
another government unit; or employment discrimination. Charter noted one franchise
transfer denial in California which was subsequently resolved.
Considerable attention has been given to a non -competition agreement referenced
within the Agreement to Purchase Assets. The non -competition agreement would be
executed by US West Media Group, Inc. in favor of CCTC. The concern, obviously, is that
such a non -competition agreement may stifle any true competition in this marketplace
since US West, Inc. as the incumbent local exchange carrier is a likely competitor in the
provision of cable television services. Representatives from MediaOne have argued that
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MOSS & BARNETT
A PHUFcssioNAL:\SSQI'6\noN
the non -competition agreement affects only US West Media Group and would not in any
way prevent US West, Inc. from competing against Charter in this region.
Fortunately, this issue has been rendered moot inasmuch as Charter
Communications, Inc. has delivered to my attention a letter wherein CCTC agrees to
irrevocably and unconditionally waive and forego any and all of its rights under the non-
competition agreement, and agrees to take such further actions and execute such further
documents as NDC4 may deem appropriate to effect the foregoing. A copy of this letter
has been copied and included on the next page of this report for your review and
information.
Based on our review of the information provided, we do not believe NDC4 can
withhold approval of the proposed assignment of the Franchise from MediaOne to CC -King
based on CC -King's legal qualifications.
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MOSS & BARNETT
A rAOFFSSIONAL A.SSOCIA noN
(Copy of Letter from Charter Communications, Inc.]
UCHARTER
COMMUNICATIONS
November 26, 1997
VIA FAX AND OVERNIGHT MALL
Brian Grogan
Attorney at Law
Moss & Barnett
4800 Norwest Center
Minneapolis, Minnesota 55402-4129
Dear Mr. Grogan:
-- Reference is made to that certain letter agreement, to be dated the date of
closing (the `Closing Date), under certain agreements providing for the acquisition by
our affiliate, CCTC Holdings, Inc. ("CCTC'), of certain cable television systems
located in Minnesota (the "Systems"), between U S WEST Media Group, Inc. ("Media
Group") and CCTC (the `Letter Agreement"). Paragmph 2 of the Letter Agreement
provides CCTC with the benefir of certain covenants agzinst competition to be made
by Media Group. CCTC hereby agrees to irrevocably and unconditionally waiva and
forego any and all such rights, and agrees to take such further actions and execute such
further documents as you may deem appropriate to effect the foregoing.
In addition, reference is made to that certain Management Agreement, to be
dated the Closing Date (the "Management Agreement"), between CCTC and Charter
Communications, Inc. ("Charter"). Charter hereby agrees that, for so long as Charter
continues to own any equity interest whatsoever in CCTC, Charter will not
voluntarily cease to act as, and perform all the duties of, Manager of the Systems under
the Management Agreement. Charter further agrees to take such further actions and
execute such further documents as you may deem appropriate to effect the foregoing.
Very truly yours,
CHARTER CONLMJNICATIONS, INC.
CCTC HOLDINS, INC.
B
Title:,
12444 Povxx3CO n DiNe - Su1to 400 - SL Louts, AMssourt 63131.3660 - (314) 965-OSSS • Fax (314) 966-9793
I
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MOSS & BARNE-FT
A I'IMPI S\IIIN.\I ANSO '1:\ I'll IN
SECTION 5. TECHNICAL QUALIFICATIONS
The technical qualifications standard relates to CC -King's technical expertise and
experience in operating and maintaining cable systems. In such a review the standard of
review is once again that the city's consent shall not be unreasonably withheld. Once
again, given that CC -King is a newly -created entity, as are the other entities which will own
and operate the systems in the Twin Cities metropolitan area, we must refer to Charter's
technical qualifications, particularly since Charter will be responsible for the management
and day -today operation of the cable systems.
Charter is currently the 12th largest multiple system operator in the United States,
with over 1.2 million subscribers. Charter owns and operates cable television systems in
18 states through a total of 473 franchise agreements. The cluster of 300,000 subscribers
in the Minneapolis/St. Paul market would be, by far, Charter's largest cluster of subscribers
anywhere in the country.
Charter has stipulated that it will assume the obligations of the existing Franchise
and will operate the system in accordance with all applicable laws. Charter has also
stipulated that it has not been cited for any customer service violation pursuant to the
FCC's customer service standards nor been held in violation of any franchise agreement.
Moreover, Charter has not proposed any changes in any aspect of the system's operation,
including customer service, billing, personnel, or programming, although Charter has
reserved its rights to make appropriate adjustments after it has fully analyzed the system
upon acquisition.
A significant concern among NDC4 commissioners and other franchising authorities
in the metropolitan area has been Charter's commitment to rebuild the newly acquired
cable systems to state-of-the-art. While the NDC4 system has reportedly been rebuilt to
750 MHz, none of the other Minneapolis/St. Paul systems that are the subject of this
transaction have been rebuilt. Putting aside for a moment the financial implications of
such upgrade requirements (addressed in next Section), NDC4 commissioners have been
concerned regarding Charter's plans to improve channel capacity and maintain state-of-the-
art systems throughout the region.
After reviewing this matter with Charter, NDC4 has found that the vast majority of
Charter systems have not yet been rebuilt. Of those which have been rebuilt,
approximately 75,000 subscribers have been upgraded to 750 MHz and 82,000 have been
upgraded to 550 MHz. Charter faces tremendous obligations in the coming years to
upgrade many of its antiquated cable systems throughout the country and particularly in
the Twin Cities marketplace. However, nothing in the information provided by Charter
suggests that Charter lacks the technical expertise and experience to rebuild and operate its
systems.
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MOSS & BARNETT
•� ��ItI11�I.titiI11N.\I. i��\I )( I.\ fI11N
Charter's key management personnel include Mr. Barry Babcock, Mr. Howard
Wood, and Mr. Gerald Kent. Mr. Babcock was one of the founders of Cencom Cable
Associates which grew to become one of the top 20 cable television operators in the
United States. Messrs. Wood and Kent were formerly with Arthur Andersen & Company
and joined Cencom in 1987. All three gentlemen left Cencom's management team upon
its sale to Crown Media in 1991.
Key to the management of the NDC4 system is the maintenance of existing
Continental/MediaOne personnel following closing of the proposed transaction. To the
extent key members of Continental's existing local management team are eliminated,
NDC4 may find it necessary to more aggressively enforce Franchise requirements with
respect to customer service and technical standards. Although Charter's management
appears strong, its ability to dedicate significant resources to the Minneapolis/St. Paul
marketplace, and NDC4's system in particular, in light of Charter's operations throughout
18 separate states may be questionable.
Based on our review of the technical capabilities of CC -King and Charter, we
conclude it would be unreasonable for NDC4 to find that, upon closing of the transaction,
CC -King will not be technically qualified to own and run the cable system in NDC4.
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MOSS &. BARNETT
A I'NI11.1 \ti111N,\I r\\\I)f•1ANON
SECTION 6. FINANCIAL QUALIFICATIONS
We have reviewed CC -King's and Charter's financial information with regard to
commenting on their financial capacity to operate the NDC4 Franchise after closing of the
proposed transaction.
We have prepared a financial analysis chart only on Charter Communications, Inc.
("CCI"), not on Warburg, Pincus Ventures or Kelso & Company, even though CCI only has
a 15% equity interest in CCTC (please refer to chart on p. 11 of this report). This is
because the other two are more passive investors. Please note that all three "investor
entities" insulate themselves from direct liability for the operations of the Grantee, CC -
King. We do perform the financial analysis chart on CCI nonetheless, because it is active
in the cable industry and so can be compared to some industry norms/standards.
We have reviewed the financial operating results of CCI with regard to its financial
qualifications for operating the ND_C4 system. Neither federal law nor FCC regulations
provide franchising authorities with any guidance concerning evaluation of a proposed
transferee's financial qualifications. We have based our recommendations on generally
accepted industry standards which are more precisely identified below. Based on the
information presented we have prepared the below chart describing a financial analysis of
CCI in the following years:
a s
s• s i, s
s
s<,
1. Operating Ratio
6000 or less
95.77%
99.37%
99.28%
(op-expense/revenue)
2. Operating Margin
j
I 40% or more
4.23%
i
0.63%
0.72°0
(op-profit/revenue)
I
1
13. Pretax profit Margin
+ 10% or more
I
1 (3.87%)
i (38.97%)
I (19.44%)
(pretax income/revenue)
;
! 4. Debt/Equity Ratio
I N/A
! 9.40 to 1
:1 4.15 to 1
I information not available
(long-term debt/total
I equity)
i
I
5. Current Ratio
50%'or more
I 14.63%
i
1 22.23%
information not available
(current assets/current
j
liabilities)
!
6. Annual Cash Flow' I
N/A
E
i 34,576,513
I
1($5,054,542)
($682,768)
(net income plus
depreciation) I
i
`Does not take Into account Investing and financing activities.
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MOSS & BARNETT
\ 19an i Y?IONAL \SSn( iA rnw
CCI's financial condition deteriorated from 12-31-95 to 12-31-96. Its assets only
increased from $65 million to $95 million, but its long-term debt almost doubled, from
$35 million to $69 million. CCI's revenues increased dramatically, from $4.4 million
during 1994 to $17.4 million during 1995 to $32.1 million during 1996. It is unclear
whether CCI will be able to adequately manage such rapid growth. And, as ratios 1 to 3 in
the table above show, to date CIA's expansion has not been profitable.
CCI's current ratio has deteriorated to 14.63%, so it is unknown whether CCI will
be able to meet its future current obligations, much less its long-term debt. We are
uncertain whether CCI will be able to profitably manage its operations in the future,
especially given the significant debt burden used to fund its operations. CCI's acquisitions
have increased its long-term debt to equity ratio from 4.15 to 1 at 12-31-95, to 9.40 to 1 at
12-31-96. At the same time, its current ratio (current assets to current liabilities) has
declined from 22.23% at 12-31-95 to 14.63% at 12-31-96.
Once again, referring to the chart describing the organization structure on page 11
of this report, one can see that Warburg, Pincus Ventures maintains the largest stake in
CCTC of 69.4%. Kelso & Company will maintain a 15.6% interest in CCTC while CCI will
maintain a 15% interest. CCTC will also receive capital in the form of a $60 million note
from CCTC to MediaOne. Moreover, CCTC's wholly-owned subsidiary, Charter
Communications Twin Cities, Inc., will receive capital of $420 million in the form of a
loan from Chase. Despite the covenants that the capital used to fund this acquisition
through CCTC may not be used by CCI in other markets. The question still remains
whether the capital available to CCTC will be sufficient to meet all operating obligations
and the staggering cost of rebuilding the cable systems throughout the Twin Cities
marketplace.
Based upon the foregoing and limited strictly to the information made available to
Moss & Barnett in conducting this review, it is questionable whether CC -King and CCTC
have sufficient capital and resources with which to operate all of its cable television
operations. In order to ensure compliance with obligations, NDC4 should seek methods of
ensuring that CC -King performs its obligations under the Franchise. To that end, we
recommend that NDC4 require that CCI provide NDC4 with a guarantee. Even with such
guarantee, NDC4 would be an unsecured creditor of CCI, which is of dubious value given
the marginal financial condition and performance of CCI. However, such a guarantee from
CCI should provide NDC4 assurance that available capital from CCTC and CCI will be
available to meet CC -King's Franchise obligations. Even with the guarantee, the weakness
of CCI's balance sheet casts doubt on how reliable such security is. We assume that the
maiority equity holders in the cable investment Warburg, Pincus Ventures and Kelso &
ompany, are not willingtic guarantee or otherwise secure financial performance of the
franchise being granted to King.
Based upon the foregoing and limited strictly to the information made available to
I'vtoss & Barnett in conducting this review, it appears that CC -King and Charter have
M
MOSS & BARNETT
IN PNUFINSIQNAL ASSOCIA rim
sufficient capital and resources with which to operate the cable system. However, for the
reasons stated above, a guaranty from Charter Communications, Inc. is recommended
using the form attached to the recommended Resolution.
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MOSS & BARNE-FF
A 1'R1*1 \\I(INA1 A till( I.\ II(IN
SECTION 7. ADDITIONAL ISSUES
A. 120 DAY DEADLINE
As referenced earlier in this report, federal law requires that NDC4 must take action
on FCC Form 394 within 120 days of the date of receipt. Form 394 was received by
NDC4 on or about July 17, 1997 and, therefore, the 120 day time period has expired.
However, by letter dated November 4, 1997 from Mr. John F. Gibbs of Robins, Kaplan,
Miller & Ciresi, MediaOne's local legal counsel, to Brian T. Grogan of Moss & Barnett, the
120 day deadline for review by NDC4 of Form 394 was extended until January 7, 1998 in
order to accommodate the Commission's regular meeting schedule.
B. REIMBURSEMENT OF TRANSFER RELATED COSTS
In August of 1997, NDC4 and MediaOne discussed the question of MediaOne's
reimbursement of NDC4's transfer -related costs. MediaOne has agreed to reimburse up to
$15,000 for transfer -related costs. The NDC4 agreed with this figure of $15,000 and
determined that Section 12.01 B of the NDC4 Franchise should govern this issue and that
no separate agreement between MediaOne and NDC4 was required. In pertinent part,
Section 12.01 B provides that:
In no event shall a transfer or assignment of ownership or
control be approved without the transferee becoming a
signator to the Franchise, and reimbursing Commission and
City for all costs and expenses, including attorneys' fees
resulting from such sale or transfer.
Based on this Franchise requirement, a condition has been added to the
recommended Resolution incorporated into this report which will require MediaOne to
reimburse NDC4 for its costs and expenses associated with reviewing the proposed
assignment of the Franchise up to the agreed-upon $15,000.
C. EXTENSION OF SERVICE TO UNSERVED HOMES
Over the past four years, NDC4 and Continental/MediaOne have engaged in
discussions in an attempt to find a mutually acceptable method of extending the cable
system to provide service to presently unserved homes in western and southern Inver
Grove Heights. Continental and NDC4 have shared a mutual desire to extend the system
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MOSS & BARNETT
A I'HI11.1 \\IONA1. IMIf1N
to these large unserved clusters of homes and have struggled to find a reasonable and
financially practical method of extending service.
As a result of Continental's reported upgrade of the system to 750 MHz
incorporating a new system configuration and design, NDC4 now understands that service
may be extended to these unserved homes far more easily than before. Section 7.02 of the
NDC4 Franchise outlines the line extension policy and references an average density of 40
dwelling units per street mile. The problem has not been in the density of these unserved
clusters of homes, but rather in their proximity to the existing cable system. As a result of
the recently reported system upgrade, we understand that Continental now is in a position
to extend service to these homes without any requirement for a contribution in aid of
construction by the homeowners.
Therefore, a provision has been included within the recommended resolution,
attached hereto, requiring that CC -King, as the new Grantee of the cable system, be
required to comply with this extension of service to the unserved homes in western and
southern Inver Grove Heights as described above.
D. COMMISSION'S RIGHT TO PURCHASE SYSTEM
Section 12.02 of the NDC4 Franchise provides that the Commission or the
Commission together with a city, shall be entitled to the right of first refusal of any bona
fide offer to purchase the system made to the Grantee. In the event the Commission or the
Commission together with a city decides to buy, the price shall be the fair market value as
set forth in Section 12.03(A) of the Franchise or the bona fide offer, whichever is less.
Section 12.03(A) of the Franchise identifies the fair market value as the price determined
on the basis of the system valued as a going concern, exclusive of any value attributable to
the Franchise itself.
Based on the overall purchase price of $600 million for 300,000 subscribers, a
rough estimate of the purchase price attributable to the NDC4 system would be 18,000
subscribers at $2,000, or $36 million. Obviously, this price would need to be reduced
since the NDC4 system does not have a stand-alone headend and no reduction in this
price has yet been made with respect to the "value attributable to the franchise itself."
At the present time, neither the Commission nor any city has expressed a strong
interest in exercising its rights under Section 12.02, although the option remains available.
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MOSS & BARNETT
\ I 11(f )1.1 %S14 )N .\I. Asm 01 1.\ I if 1,4
E. TECHNICAL EVALUATION OF UPGRADED CABLE SYSTEM
NDC4 is fortunate to be one of the first systems in the Twin Cities metropolitan area
to have reportedly been rebuilt to 750 MHz. Continental agreed to upgrade the cable
system in return for relief from certain Franchise requirements with respect to high-speed
data, institutional network, and interconnection provisions. Pursuant to Resolution 9-4-96
adopted by NDC4 on September 6, 1996 and accepted by Continental on September 11,
1996, granting the three (3) variances with respect to the above -referenced items, the
Commission ordered as follows:
The variances granted by Section I of this Resolution above
shall continue through the remainder of the existing Franchise
term except that, in the event the full Commission of NDC4,
after reasonable due diligence, makes a finding on or before
January 75, 1998 that the rebuild of the Northern Dakota
County Cable Communications System to 750 MHz has not
been completed by December 31, 1997 or that the times set
forth in Recitals 6(a), 6(b) or 6(c) (if 6(c), by its terms is then
applicable) have not been satisfied, the variances granted
hereby shall automatically expire on February 27, 1998.
[Emphasis added-]
In light of the Resolution and the fact that NDC4's only regularly scheduled full
Commission meeting prior to January 15, 1998 is scheduled for January 7, 1998, a
decision with respect to whether the system upgrade has been completed must be made.
However, NDC4 has not yet had an opportunity to retain a qualified independent engineer
to review Continental's compliance with its agreement to upgrade the system and,
therefore, is not yet in a position to make a determination regarding this matter.
In addition, Section 8.12 of the NDC4 Franchise provides that NDC4 may enlist an
independent consultant to conduct an analysis of the system and its performance, and to
submit a report of such analysis to NDC4. Section 8.12 of the Franchise specifically
provides that "ail reasonable consultant fees and costs shall be paid by the Grantee to the
extent allowable under applicable law. Such costs are considered additional and are not to
be reimbursed from franchise fees collected." 5ae, Section 8.12(D).
Furthermore, Section 10.03(E) of the NDC4 Franchise provides that "Grantee agrees
that it will not, at any time, set up against City or Commission in any claim or proceeding,
any condition or term of this Franchise as unreasonable, arbitrary, void or that City or
Commission had no power or authority to make such term or condition, but shall be
required to accept the validity of the terms and conditions of this Franchise in their
entirety."
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MOSS & BARNETT
A N01I.SSIONA 1. \\SIH IA 110N
The result of these Franchise provisions is that NDC4 should retain an engineer to
conduct an independent analysis regarding whether Continental has completed an upgrade
of the system to 750 MHz. The estimated cost for such a technical evaluation is
approximately $10,000-12,000. The Franchise requires Grantee to reimburse NDC4 for its
costs and expenses associated with such an analysis. Since this analysis cannot be
completed prior to January 7, 1998, we have included provisions within the attached
recommended resolution which will extend this time period and which will clarify the
procedure to be undertaken to verify completion of the system upgrade. Given that CC -
King has stipulated that it will comply with all terms and provisions of the Franchise, we do
not anticipate this will be an issue of concern to CC -King.
F. TRANSFER OF MASTER CONTROL
Continental and NDC4 have been engaged in discussions regarding the transfer of
master control from Continental's St. Paul facility to the NDC4 facility in Inver Grove
Heights. These_discussions- are_continuing and_ NDC4_ anti cipates _that_an_agreement_wi.11_h
reached prior to the January 7, 1998 regular Commission meeting date. Given that this
agreement will result in a modification of the present Franchise requirements, NDC4 will
require that CC -King agree to comply with the terms and provisions of that agreement.
Appropriate language within the attached recommended resolution has been incorporated
to address this issue.
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MOSS & BARNETT
A VHUM SSIONAL ASSOCIA THIN
SECTION 8. RECOMMENDATIONS
Based specifically on the foregoing information and evaluations, we believe
CC -King possesses the necessary legal, technical and financial qualifications based on the
standards of review identified in applicable local, state and federal laws as described
within this report, subject to the aforementioned conditions referenced in this report.
Therefore, we find no reasonable grounds on which to deny the request for approval of the
assignment of the Franchise from MediaOne to CC -King.
Based on these findings we recommend that:
1. NDC4 review this report, listen to any additional public comment,or information, as
necessary or appropriate, and undertake all necessary action to pass and adopt a
Resolution similar in form and content to the document following these
recommendations.
2. NDC4 follow up to ensure that MediaOne/CC-King submits the required documents
including the Guaranty which must be delivered within thirty (30) days of the
closing of the transaction.
-24-
MOSS & BARNETT
•\ PIMI SSIOnni. Assm In 1ION
RESOLUTION NO.
APPROVING THE ASSIGNMENT OF THE FRANCHISE
FROM CONTINENTAL CABLEVISION OF ST. PAUL, INC.
TO CC -KING, LLC
WHEREAS, on or about March 28, 1985, the Cable Communications Franchise
Ordinance ("Franchise") granted to Continental Cablevision of Northern Dakota County,
Inc. by the Northern Dakota County Cable Communications Commission ("NDC4")
became effective; and
WHEREAS, -Continental -Cablevision -of St._Paul,_Inc._("Continental1-is-now the
duly authorized holder of the Franchise; and
WHEREAS, Continental is a wholly-owned subsidiary of MediaOne of Delaware,
Inc. ("MediaOne") which, in turn, is wholly-owned by US West Media Group, Inc.
which, in turn, is wholly-owned by US West, Inc.; and
WHEREAS, on May 27, 1997, Continental, CCTC Holdings, Inc. ("CCTC"), King
Videocable Company—Minnesota and MediaOne (as indemnitor) entered into an
Agreement to Purchase Assets ("Agreement"); and
WHEREAS, CCTC owns 100% of the newly -formed Charter Communications Twin
Cities, Inc. ("Twin Cities"), which in turn owns 100% of Charter Communications
Minnesota, Inc. ("CCMI"). Twin Cities owns 99% of each of CC -King, LLC, a Delaware
limited liability company ("CC -King") and CC -St. Paul, LLC, while CCMI owns 1 % of
each of CC -King and CC -St. Paul, LLC; and
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MOSS & BARNETT
A I ROI 11tiI11NAL ASSM IA F[ON
WHEREAS, as a result of the Agreement, Continental seeks NDC4's approval to an
assignment of the Franchise to CC -King; and
WHEREAS, the name of the Grantee of the Franchise will change from Continental
to CC -King; and
WHEREAS, Section 12.01 of the Franchise vests in NDC4-the authority to review
and make determinations regarding any request for assignment of the Franchise; and
WHEREAS, NDC4 has reviewed the financial, technical and legal qualifications of
CC -King and finds that all requisite qualifications are met, subject to the below listed
conditions; and
WHEREAS, based on information made available to NDC4 and on the reports and
information received by NDC4, NDC4 has found no reason to disapprove of the
assignment of the Franchise from Continental to CC -King.
NOW, THEREFORE, the Northern Dakota County Cable Communications
Commission resolves as follows:
1. The Franchise is in full force and effect and Continental Cablevision
of St. Paul, Inc. is the lawful grantee.
2. NDC4 hereby consents and approves of the assignment of the
Franchise to CC -King subject to:
a. Receipt of any and all necessary authorizations and approvals
from the Federal Government including the Department of Justice and the
Federal Communications Commission (FCC), In the Matter of US West, Inc.
and Continental Cablevision, Inc., 1 1 FCC Rcd 13260 (CSB,,,] 996).
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MOSS & BARNETT
A PROF I'iti IONA1. i\1\I4 IA r111N
b. Closing of the transaction contemplated within the
Agreement pursuant to the terms and conditions described in information
provided by Continental and CC -King to NDC4.
C. Continental reimbursing NDC4, within ten (10) days
following the date of adoption of this Resolution, as specified in
Section 12.01 of the Franchise, for all reasonable costs, expenses, and
professional fees incurred by NDC4 as a result of NDC4's review and
action on the assignment of the Franchise to CC -King.
d. CC -King promptly notifying NDC4 in writing of the close of
the transaction contemplated by the Agreement and the assignment of the
Franchise.
e. Upon closing of the transaction contemplated within the
Agreement, Charter Communications, Inc. providing NDC4 with a
Guaranty in the form attached hereto and incorporated by reference.
f. CC -King agreeing to extend the NDC4 cable system to the
unserved portions of western and southern Inver Grove Heights, consisting
of clusters of homes in developments of 20 or more homes, by June 30,
1998, with no contribution -in -aid of extension to be made by homeowners.
g. CC -King agreeing to abide by the Master Control Transfer
Agreement by and between Continental and NDC4 dated January 7, 1998.
-27-
MOSS & BARNETT
A 1'k1*F-S.1;1ONA1. ASSOCIA I [ON
h. CC -King agreeing to extend the deadline contained in
Resolution 9-4-96, for verification by NDC4 that the rebuild of the system
to 750 MHz has been completed, from January 15, 1998 to May 7, 1998.
i. CC -King agreeing to reimburse NDC4, as required by the
Franchise and Resolution 9-4-96, for NDC4's costs associated with
retaining an independent engineer to assist in verifying the completion of
the rebuild of the system to 750 MHz, which costs are estimated to be
$10,000 to $12,000.
3. NDC4 hereby waives any right of first refusal which NDC4 may
have pursuant to Section 12.02 of the Franchise, as amended, or, otherwise, to
purchase the Franchise, or the cable television system serving NDC4, but only as
such right of first refusal applies to the request for approval of the assignment of
the Franchise now before NDC4.
4. In the event the assignment contemplated by the foregoing
resolutions is not completed, for any reasons, or is materially altered in any way,
NDC4's consent to the assignment of the Franchise shall not be effective.
5. This Resolution shall take effect and continue and remain in effect
from and after the datelof adoption and its acceptance by CC -King, as specified
below, which in no event shall be later than the date of closing of the transaction
contemplated within the Agreement.
Im
MOSS & BARNETT
IN PRI11 N;.S10NA1. A.S';0 1A 1*10N
A motion to approve the foregoing Resolution No. was made by
Commission Member
Member
and duly seconded by Commission
Passed and adopted by the Northern Dakota County Cable Communications
Commission this day of , 1998.
ATTEST: NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
By: By:
Its:
ACCEPTANCE
CC -King, LLC hereby agrees to comply with each and every term and condition of
this Resolution and the terms and conditions of the NDC4 Franchise. All actions
necessary to authorize the execution and delivery of this Acceptance have been
duly authorized by all necessary and required proceedings.
DATED: CC -KING, LLC
Its:
-29-
MOSS & BARNETT
,\ I'avitt tion jm.,\<%ut t \rtnn
CORPORATE GUARANTY
OF
CHARTER COMMUNICATIONS, INC.
This Corporate Guaranty ("Guaranty") is executed as of , 1998,
by Charter Communications, Inc. ("Guarantor") for the benefit of the Northern Dakota
County Cable Communications Commission ("NDC41.
WITNESSETH
WHEREAS, pursuant to the Cable Communication Franchise Ordinance
("Franchise") between NDC4, and/or its member municipalities, and Continental
Cablevision of St. Paul, Inc. ("Continental"), Continental has become obligated to perform
certain services related to the provision of cable television and related services for the
citizens of NDC4 and its member municipalities;
WHEREAS, Continental has sought and obtained from NDC4 approval for the
assignment of the Franchise from Continental to CC -King, LLC, a Delaware Limited
Liability Company and wholly-owned subsidiary of Guarantor; and
WHEREAS, NDC4 conditioned its consent to the assignment of the Franchisee to
CC -King, LLC ("CC -King") on Guarantor unconditionally guaranteeing the payment,
obligations and performance of CC -King under the Franchise.
NOW, THEREFORE, as a condition of NDC4's consent to the assignment of the
Franchise from Continental to CC -King, the parties do hereby agree as follows:
1. Guarantor unconditionally guarantees prompt and satisfactory performance by
CC -King under the Franchise and related agreements in accordance with the terms
of the Franchise and all applicable federal, state and local laws, ordinances and
regulations which guaranty shall be absolute, complete, continuing and irreversible.
2. This Guaranty shall be effective upon the opening of business on the date when the
assignment of the Franchise to CC -King occurs, and shall run throughout the term of
the Franchise, except that this Guaranty shall terminate at a time earlier in the event
Guarantor lawfully transfers or assigns control of CC -King.
This Guaranty shall inure to the sole benefit of NDC4, its member municipalities,
and successors and shall be binding upon the Guarantor and its successors.
-30-
MOSS & BARNETT
A PHOP6ss IONA I. AsS0CIA ['ION
IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed
by its authorized officers as of the day and year first written above.
ATTEST:
2
51936 142 01!.doc
-31-
CHARTER COMMUNICATIONS, INC.
Its:
MOSS & BARNETT
A PIt(IVESSIONAI. Asso'IA rjoN
REQUEST FOR FURTHER EXTENSION OF SPECIAL RELIEF
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
U S WEST, INC.
Petition for Special Relief re: )
Section 76.505(a) of the Commission's )
Rules )
To: Chief, Cable Services Bureau
Of Counsel
FCC File No. CSR -4785-X
REQUEST FOR FURTHER EXTENSION OF SPECIAL RELIEF
Dan L. Poole
U S WEST, Inc.
1801 California Street
Suite 5100
Denver, CO 80202
November 14, 1997
-S-WEST,—IN
Robert J. Sachs
Margaret A. Sofio
The Pilot House
Lewis Wharf
Boston, MA 02110
(617) 742-9500
Sean C. Lindsay
Gregory L. Cannon
Suite 700
1020 - 19th Street, N.W.
Washington, D.C. 20036
(303) 796-6056
(202)466-7005
Its Attorneys
TABLE OF CONTENTS
Page
I. INTRODUCTION AND SUMMARY ...................................... 1
II. FACTUAL BACKGROUND ......................................... . . . . 2)
A. U S WEST's Compliance With The Cable Services Bureau's Divestiture
Requirements.....................................................2
B. The "Split" of USMG and USWC..................................... 5
III. DISCUSSION..........................................................7
IV. CONCLUSION.......................................................10
Before the
FEDERAL COMMUNICATIONS COMMISSIOI\
Wastungton, D.C. 20554
In the Matter of )
U S WEST, INC. )
Petition for Special Relief re: )
Section 76.505(a) of the Commission's )
Rules )
To: Chief, Cable Services Bureau
FCC File No. CSR -4788-X
REQUEST FOR FURTHER EXTENSION OF SPECIAL RELIEF
U S WEST, Inc.
S WEST"), by its attorneys and pursuant to Section 76.7 of the FCC's Rules,
hereby respectfully requests that the FCC grant a further limited extension of time until July 31, 1998,
by which it must comply with the requirements imposed in the Cable Services Bureau's Memorandum
Opinion and Order in the above -captioned proceeding (the "MO&O").' In support thereof, U S WEST
states:
I. INTRODUCTION AND SUMMARY
In the MO&O, the Bureau granted U S WEST a temporary period after its merger with
Continental Cablevision, Inc. ("Continental") to make definitive arrangements to divest in -region cable
interests as required under Section 76.505(a) (the "telco/cable buy-out restriction"). The additional
extension of time requested herein is necessary to allow U S WEST, as it exists today, to divest cable
television systems in and around St. Paul, Minnesota (the "Minnesota Systems"). U S WEST has
recently announced the split of its cable business, U S WEST Media Group ("USMG"), and its local
'In the Matter of U S WEST. Inc. and Continental Cablevision, Inc., 11 FCC Rcd 13260
(CSB, 1996).
exchange business, U S WEST Communications ("USWC"), into entirely separate. independent. publick-
traded companies.' After the split, there would be no cognizable common ovmership, overlapping
officers and directors, or other material relationship between USMG and USWC. Since USMG's
retention of the Minnesota Systems after the split would satisfy Section 76.505(a) and the underlving
objectives of the MO&O, the public interest will be served by allowing U S WEST the opportunity to
consummate the required divestitures in this fashion.
II. FACTUAL BACKGROUND
A. US WEST's Compliance With The Cable Services Bureau's Divestiture Requirements.
To facilitate the merger between U S WEST and Continental, in the MO&O the Bureau granted
the parties' request to allow U S WEST to acquire and temporarily hold Continental's wholly-owned
cable systems located inside U S WEST's telephone service area and Continental's minority ownership
interests in the in -region cable systems owned by Insight Communications Company, L.P. (the "In -
Region Systems"). The affected Continental systems serve subscribers in and around Twin Falls, Idaho;
Keokuk, Iowa; and, as noted above, St. Paul, Minnesota. The Insight systems serve various communities
in Arizona and Utah.
U S WEST originally requested 18 months from the date of the merger in which to divest the In -
Region Systems. However, responding to concerns from local franchising authorities, U S WEST
modified its request and committed to the FCC that it would achieve a definitive agreement for
divestiture of Continental's wholly-owned systems by August 15, 1997, and of the Insight Interests by
April 1, 1998. In the MO&O, the Bureau determined that U S WEST's temporary ownership of the In -
Region Systems would not result in significant cross -ownership concerns and, by precluding a "fire sale"
2A copy of the U S WEST press release announcing the split is attached as Exhibit 1.
3
of those properties to the first available buyer, the public interest would be sen•ed.' Thus. U S «'EST
was permitted to acquire and temporarily own the In -Region Systems provided that by August 15, 1997
(April 1, 1998 as to the Insight Interests), U S WEST (1) entered into definitive agreements to divest the
systems and (2) submitted to all appropriate governmental authorities the applications necessan• to secure
all required approvals for such transactions.'
As promised, U S WEST has moved diligently to find a divestiture candidate consistent with the
deadlines imposed by the Bureau. On May 27, 1997, U S WEST entered into a definitive agreement to
sell the Minnesota Systems to CCTC Holdings, Inc. ("Charter"), a joint venture between Charter
Communications (15%), Warburg Pincus (70%) and Kelso & Company (15%). In addition, on May 23,
1997,- USMG -entered -into - a -definitive definitive -agreement to sell -its Twin -Falls-system-to Tele-Communications,
Inc. ("TCI"). USMG also is currently in negotiations to sell or trade its Keokuk system to an unaffiliated
third party, and expects to have a definitive agreement in place for that transaction by the applicable
December 31, 1997 deadline. U S WEST and Charter (as to the Minnesota Systems) and U S WEST and
TCI (as to the Twins Falls system) have timely submitted all paperwork necessary to secure local
franchising authority ("LFA") approvals for those transactions, and LFA franchise transfer proceedings
are currently under way and will continue to proceed during the pendency of this Petition. With respect
to Charter, the applications necessary to assign the CARS licenses associated with the Minnesota Systems
appeared on the FCC's Public Notice dated October 29, 1997. Insight has recently entered into a
definitive agreement to transfer to Cox Communications all of Insight's cable systems in the State of
'MO&O at 13276-80
'MO&O at 13280. In an Order released July 29, 1997 (the "Keokuk Order'), the Bureau
extended U S WEST's "definitive agreement" deadline for the 7,000 subscriber Keokuk system to
December 31, 1997. In the Matter of US WEST, Inc., DA 97-1585 (rel. July 29, 1997).
4
Arizona, and U S WEST expects to execute next week a definitive purchase and sale asreement to sell
its minority interests back to the Insight Communications limited partnership. These transactions
complete U S WEST's compliance with the divestiture requirements for the Insight interests five months
in advance of the April 1, 1998 deadline established by the Bureau.
Furthermore, and as U S WEST committed to the Bureau, former Continental personnel (no%v
employed by USMG and its wholly-owned subsidiaries) have retained all management and operational
responsibility for the In -Region Systems, with no involvement by USWC.S USWC has not received any
non-public information regarding the In -Region Systems. As required by the consent decree executed
by U S WEST and the Department of Justice ("DOT'), U S WEST has also moved swiftly to divest its
interest in Teleport Communications Group, and complied with that requirement more than a year ahead
of the consent decree's December 31, 1998 deadline.
USMG has also followed through on its commitment "to maintain, through Continental's
management, the viability and vitality of the In -Region Systems in order to achieve the best value for its
investment, to the immediate and ultimate benefit of Continental's subscribers." In particular, USMG
has continued to pursue upgrades of the Minnesota Systems in order to offer its subscribers the most
advanced multichannel video and two-way services available. For example, at the end of last year,
USMG completed an upgrade of its St. Paul system to 550 MHZ, and by the end of this year USMG will
have completed an upgrade of its Northern Dakota County Suburbs systems to 750 MHZ. Together,
these upgrades will benefit some 70,000 subscribers. Also, under Continental's Social Contract with
the FCC, USMG is contractually committed to upgrading its Minnesota Systems that were formerly
SMO&O at 13272.
6Id. at 13272-73
5
owned by the Providence Journal Company. These systems cover an additional 80.000 subscnbers.
Finally, in conjunction with ongoing franchise renewals. U S WEST plans to upgrade other Minnesota
systems'. These and other planned upgrades demonstrate the seriousness of USMG's commitment to
providing the most advanced services demanded by its subscribers. In sum, U S NEST has full,
complied with both the letter and the spirit of the requirements imposed by the Bureau in the AfO&O.
B. The "Split " of-USMG and USWC.
Since November, 1995 USMG and USWC have remained wholly-owned subsidiaries of
U S WEST, trading separately on the New York Stock Exchange as distinct classes of U S WEST
"target" stock. On October 25, 1997, in order to allow each company to create a wider array of products
and -services -that -ultimately will maximize -shareholder value, the Board -of Directors -of U -S -WEST -voted
to split USMG and USWC into separate, independent public companies. In the Board's view, recent
developments in technology, markets, and regulation provide strategic competitive opportunities for both
businesses that outweigh the benefits of remaining together. The split will enhance each company's
ability to develop the full potential of its respective distribution networks and pursue new opportunities
for serving customers in the communications, data and entertainment sectors.
' For example, in addition to the Social Contract upgrade commitments which relate to the
former Providence Journal systems, USMG has made upgrade commitments for a number of systems
in the context of its franchise renewal applications. The North Suburbs Cable Commission has
accepted USMG's proposal to upgrade the North Suburbs systems (encompassing 831 miles of
plant) to 750 MHZ by November 3, 2000. Similarly, in its franchise renewal applications for the
systems serving Ramsey and Washington Counties, USMG has committed to upgrade the
Ramsey/Washington systems (encompassing 928 miles of plant) to 750 MHZ by December 31,
2001, with construction to be substantially completed by December 31, 2000.
R1
Upon completion of the split, USMG (to be renamed MediaOne Group) A ould own and operate
all of the cable systems formerly owned by Continental, including the Minnesota Systems.` as well as
USMG's other cable television interests throughout the United States.' USWC would continue to oven
and operate its telephone, data and PCS wireless operations, plus U S WEST's Yellow Pages electronic
directory business. Holders of the USWC target stock will receive one share of the ne%v U S «'EST for
each USWC share they currently own. Holders of USMG target stock will receive one share of
MediaOne Group stock for every share of USMG stock that they own, and a fractional share of new
U S WEST stock representing the value of the assets of U S WEST's Yellow Pages/electronic directory
business transferred to USWC.
The separation of U S WEST's two business groups will be complete and total. The companies
will have no common directors, executives, or employees. They will not share buildings or other
facilities. They will have separate boards of directors with fiduciary duties to different groups of
shareholders. At a recent count, there were more than 720,000 shareholders of U S WEST
Communications Group targeted stock, and more than 700,000 shareholders of U S WEST Media Group
targeted stock. To the best of U S WEST's information, there currently is no person or entity that owns
5% or more of both stocks. -Accordingly, the two companies will be entirely separate and unrelated
following the split.10
'In the event that the USMG/Charter transaction is terminated, USMG's agreement with
Charter provides that a termination fee of $30,000,000, will be paid by the party responsible for the
termination to the other party.
' After the split MediaOne Group will also own and operate the cellular operations of
U S WEST NewVector Group, U S WEST Interactive Services Group, and all of U S WEST's
international interests.
10The Commission is familiar with similar splits, for example, between Pacific Bell and its
(continued...)
U S WEST will move forward diligently to secure all necessary federal approvals for the split.
U S WEST plans to file its, request for an Internal Revenue Sen•ice ruling in earl, December. 199-, and
it is anticipated that the IRS ruling will be forthcoming in about six months. The transaction %,.-ill also
require a shareholder vote, currently scheduled for early June, 1998. In sum, U S WEST believes that
all measures necessary to split these two companies will be completed by the end of July. 199S."
III. DISCUSSION
At the outset, it must be emphasized that U S WEST is only seeking a short additional period of
time under FCC -imposed conditions to hold the Minnesota Systems until it completes a larger corporate
restructuring not anticipated when the MO&O was granted. That restructuring would result in the
ownership -of the Minnesota systems by -a clearlyqualified-entity,-MediaOne-Group,, which -will -have -no
affiliation with U S WEST's incumbent local exchange operations. U S WEST is not asking the Bureau
to grant additional special relief or to change any of the conditions under which U S WEST is bound to
operate during the temporary period of cross -ownership. No additional burdens will be placed on the
Minnesota cable operations, nor will USMG curtail its ongoing efforts to operate the Minnesota Systems
in the best interests of its subscribers.
Indeed, the split would eliminate all cross -ownership concerns and otherwise satisfy every legal
and public interest objective that the Bureau identified when it permitted U S WEST to hold the In -
Region Systems pending an orderly divestiture after the Continental merger.12 Since USMG and USWC
10( ... continued)
former wireless affiliate AirTouch, which currently compete vigorously.
"The planned divestitures of USMG's Twin Falls and Keokuk systems and Insight interests
will go forward as scheduled.
"In this regard, U S WEST assumes that the strict standards for determining what constitutes
(continued...)
N
would become separate, independent companies — and potential competitors not affiliated with each
other — there is no likelihood that U S WEST's local exchange business would have any influence or
control over the operation and management of the Minnesota Systems after the split. orvice-versa.
The split also would yield the very substantial benefit of allowing the Minnesota Systems to
remain under the management and operational -supervision of the former Continental management who
have operated some of the Minnesota Systems for almost 15 years (including the period since the merger
with U S WEST) and who are intimately familiar with the needs and demands of consumers in the
Minneapolis -St. Paul area. Equally significant is the fact that this management group has built up
substantial goodwill. By giving U S WEST a short,.additional period within which to hold the Minnesota
Systems pending the split, the FCC would facilitate the continuity of expertise and management that is
critical to successful operation of the Minnesota Systems in an increasingly competitive marketplace.
Extension of U S WEST's temporary cross -ownership relief would -also address the Bureau's
concern "about the long-range impact on consumers in the in -region markets who would best be served
if the systems are acquired by a party likely to develop the systems and expand the systems 'offerings into
telecommunications and other advanced services."" USMG is one of the largest cable operators in the
United States (serving over 5,000,000 subscribers). Thus, USMG has, and will continue to have, the
substantial financial, technological and human resources necessary to develop and offer the advanced
video and non -video services contemplated by the Bureau. In this regard, USMG is highly qualified to
12( ... continued)
an "attributable interest" in a cable television system or local exchange carrier under the FCC's pre -
1996 Act attribution rules (e.g., a 5% or greater voting or non-voting interest) are the appropriate
reference point for determining whether the split of USMG and USWC complies with the
requirements of the telco -cable buyout restriction.
"MO&O at 13276 (emphasis added).
0
finance and complete the ongoing upgrades of the Minnesota Systems in a timely manner, and to test,
develop and market advanced services to subscribers once those upgrades have been accomplished. For
example, USMG has become the industry leader in utilizing cable plant to provide high-speed Internet
access service through its launch of MediaOne Express."
Finally, the requested extension of U S WEST's temporary cross -ownership relief would not
unduly prolong U S WEST's ownership of the Minnesota Systems under its current corporate structure.
On its present course, the Charter transaction is unlikely to close prior to March, 1998, assuming all LFA
approvals are obtained in a timely fashion. Under U S WEST's anticipated schedule for completing the
split of USMG and USWC into separate, independent companies, the required divestiture would be
completed -by -July 31, 19981-i.e.—five-months-later.—U-S-WEST-submits that such- a -short -extension -of
its temporary holding period is within the range of what the FCC has granted in prior cross -ownership
cases. 15
IV. CONCLUSION
For the foregoing reasons, it is in the public interest for the FCC to grant U S WEST a brief
extension of time, until July 31, 1998, within which to complete divestiture of the Minnesota Systems
p.ursuant to the split of USMG and USWC as described above.16 A grant of the requested extension
"USMG has already introduced MediaOne Express in the Boston, Detroit, Jacksonville and
Los Angeles markets. The service currently serves more than 13,000 high-speed data customers. -
"'Me FCC has already determined that it has the necessary authority to grant temporary relief
from the statutory cable -telco buyout restriction where necessary to serve the public interest. The
FCC clearly has the authority to extend that relief as well. See 47 U.S.C. § 76.7(a)(1).
16To the extent the Bureau deems it necessary, U S WEST would accept such extension
subject to the condition that, if the companies had not been split as of July 31, 1998, management
of the Minnesota properties, including control of divestiture, would be promptly transferred to an
independent trustee (subject only to FCC approval of this interim management structure).
Of
would merely preserve the status quo for a limited period of time and not raise anv cross-o\\-nership
concerns not already addressed by the Bureau in the XfO&O. More importantly, however, a ;rant of the
requested extension will preserve continuity of management and operations and allow USINiG to apply
its substantial resources toward completing system upgrades and introducing the advanced services
contemplated by the Bureau in the MO&O. This, ultimately, is the optimal result for USMG's Minnesota
customers.
Respectfully submitted,
U S WEST, INC.
Robert J. Sachs
Margaret A. Sofio
The Pilot House
Lewis Wharf
Boston, MA 02110
(617) 742-9500
Sean C. Lindsay
Gregory L. Cannon
Suite 700
1020 - 19th Street, N.W.
Washington, D.C. 20036
(202) 466-7005
Its Attorneys
Of Counsel
Dan L. Poole
U S WEST, Inc.
1801 California Street
Suite 5100
Denver, CO 80202
November 14, 1997
U s WEST. Woe.
1020 NirwlNntn Street. N%
Wasnmgtnn. OC 200.78
202 429.3105
News Release
Release Date. Lois Leach, 303-793-6355
Dick MacKnight, 303-793-659
Contact:
— U S WEST Media Group to become MediaOne Group,
U S WEST Communications Group to become U S WEST —
— Move will sharpen focus on customers, maximize shareholder value —
-- Transfer of U S WEST Dex from Media Group to Communications Group will be
part of split —
ENGLEWOOD, Colo., — U S WEST, Inc., said today that it intends to
split U S WEST Media Group (NYSE:UMG) and U S WEST Communications
Group (NYSE:USW) into separate public companies sometime after mid-
1998. Since November of 1995, the groups have traded as distinct classes of
"target" stock of U S WEST, Inc.
U S WEST's Board of Directors has approved management's
recommendation to develop specific terms and a plan for a transaction
through which the two companies would become independent publicly -
traded entities with separate boards of directors. The announcement was
made by Richard D. McCormick, chairman and chief executive officer of
U S WEST, Inc.
"Recent developments in technology, markets and regulation will
provide strategic competitive opportunities for both businesses that
outweigh the benefits of remaining together," McCormick said. 'This move
will make it easier for each of them to pursue exciting new opportunities for
serving customers in the'communications, data and entertainment sectors."
The move to create two independent companies will allow both groups
to focus on developing the full potential of their respective distribution
networks. 'This will mean a wider array of products and services for both
sets of customers," McCormick said.
- more -
Page 2
The company said its current structure has achieved its purpose. The
total return on shareowners' investment since March 1, 1995, just before the
announcement of the target stock structure, is 89 percent. "We're proud of
this, but we believe that taking one more step — creating independent
companies — is the best way to continue that growth," McCormick said.
U S WEST Communications Group will be renamed U S WEST, Inc.
The new U S WEST will include the telephone, data and wireless operations
of the U S WEST Communications Group, as well as the Yellow Pages and
electronic directory business known as U S WEST Dex. Solomon D. Trujillo,
45, currently president and chief executive officer of U S WEST
Communications Group, will become chief executive officer of U S WEST,
Inc., when the split occurs.
"The people of U S WEST have done an outstanding job and I'm
excited to be working with this great team to bring more and better services to
our customers," Trujillo said. "The future has never been brighter."
The company earlier announced plans to transfer U S WEST Dex, now
part of U S WEST Media Group, to the new U S WEST. The terms of this Dex
transfer are consistent with its previously announced movement. The transfer
was valued at $4.75- billion — $3.9 billion in debt and $850 million in equity to
Media Group shareowners.
U S WEST Media Group will be renamed MediaOne Group, Inc.,
echoing the brand by which the company's cable distribution system is
known to more than five million customers in 19 states. In addition to these
cable properties, MediaOne Group assets will include the company's
interests in the Time Warner Entertainment partnership, the wireless
operations of
U S WEST New Vector Group, all of U S WEST's international interests and
interactive servicers. Charles M. Lillis, 56, currently president and chief
executive officer of U S WEST Media Group, will become chief executive
officer of MediaOne Group, Inc.
"Customer demand for entertainment, voice and high-speed data
services is exploding," Lijlis said. 'The people of MediaOne Group are
poised to capture the opportunity. I'm pleased to lead the effort."
- more -
Page 3
When the split occurs, McCormick will become non-executive
chairman of the board of the new U S WEST. "Sol Trujillo and Chuck Lillis
have done terrific work in building their respective groups within U S WEST
and will continue to do so when they're leading their own independent
companies," McCormick said.
The transaction is subject to a number of approvals, including
approvals by regulators and both shareowner groups and receipt of a
favorable ruling from the Internal Revenue Service.
Once the separation occurs, owners of U S WEST Communications
Group target stock will hold one share of the new U S WEST for each share of
Communications Group target stock.
Owners of Media Group target stock will hold one share of MediaOne
Group stock for each share of Media Group target stock. In addition, Media
Group -shareowners -will -receive -a -fractional -share of the-new-U-SSWEST-for—
each share of Media Group target stock. This fractional share represents their
historic interest in the assets of U S WEST Dex, which will be transferred to
the new U S WEST in conjunction with the split.
Holders of both groups whose stock is currently represented by stock
certificates will receive new certificates in exchange for their existing ones.
'We intend to make this as simple as possible for shareowners,"
McCormick said. Shareowners don't need to take any action at this time.
Before they're asked to vote on the split -off proposal, shareowners will
receive proxies providing more detail. The company expects to send
materials to shareowners by early- to mid-1998.
For all outstanding debt securities issued or guaranteed by U S WEST,
Inc., including debt issued by its U S WEST Capital Funding subsidiary,
U S WEST intends to take appropriate steps in connection with the split to
preserve bondholder value.
Both MediaOne Group and the new U S WEST will maintain their
headquarters in the Denver metropolitan area.
- more -
Page 4
The split will affect approximately 700 people based primarily in the
Denver area who provide common legal, human resources, administrative,
financial and general corporate support for the U S WEST family of
companies.
'"These employees' work has been vital to the company's success and
will remain so to the new companies," McCormick added. "We will divide
this talent to meet the companies' needs. Generally, employees will follow
their work."
U S WEST, Inc., is the parent company of two major operating groups.
U S WEST Communications provides telecommunications services to 25
million customers in 14 western and midwestern states. U S WEST Media
Group is involved in domestic and international cable and telephony,
wireless communications, and directory and information services.
SIGNIFICANT MILESTONES LEADING TO U S WEST SPLIT
1991: U S WEST. TCI and AT&T announce joint trial of video -on -demand semce to homes in L.inIcxou.
Colo.
1992: Internal study team recommends that U S WEST focus on becoming a broadband provider. both
within 14 -state region and in gest of U.S. Belief at time was that phone networks and cable networks
would converge.
1993: U S WEST announces trial of broadband network to test market, technology and econornics of
..overbuilding" cable companies in phone territory. Omaha chosen as test site.
U S WEST joins Time Warner Entertainment parmcrship, which is the start of out -of -region
broadband footprint.
1994: U S WEST forms AirTouch joint venture, which could result in eventual exit from domestic cellular.
U S WEST buys two Atlanta cable systems, using U S WEST stock as currency, extending out -of -
region broadband footprint.
1995: U S WEST creates targeted stock. giving investors ability to choose whether to put money into a
dividend -paying stock. a growth stock, or both. Also gives company a nondividend-paying stock to use
for acquisitions. Preserves flexibility for fuuure, allowing re -combination, split -off or continued
operation as targeted -stock company, depending on evolution of marketplace and technology. Targeted
stock succeeds in unlocking value from U S WEST stock.
19%: President signs Telecommunications Act of 1996, which sets in motion a regulatory process that sets
up different competitive frameworks for cable and phone companies.
U S WEST Communications concludes that. although the Omaha trial was a technical and marketplace
success. adding coaxial lines to homes could not be economically justified on a broad scale.
U S WEST Media Group merges with Continental Cablevision, becoming nation's third-largest cable
company. Merger could not have been accomplished without a nondividend-paying stock as currency.
1997: U S WEST announces transfer of U S. WEST Dex. the directory publishing unit. from U S WEST
Media Group to U S WEST Communications Group.
U S WEST Communications Group and U S WEST Media Group announce brandlidentity
campaigns that reflect the divergent paths in marketplace and product development that each group is
taking. U S WEST Communications Group tells its consumers: "U S WEST — life's Better Here."
with an emphasis on integrated product solutions and one-stop shopping. U S WEST Media Group
tells its customers: "MediaOne — This is Broadband. This is the Way." emphasizing the capabilities of
broadband networks to deliver integrated products and services.
U S WEST Communications Group launches Access' personal communications services.
U S WEST Media Group continues to offer cellular services under the AirTouch brand name.
U S WEST Communications prepares for broad deployment of digital subscriber line capabilities,
increasing the bandwidth to customers' premises more economically than could be accomplished with
a hybrid fiber -coax rebuild.
U S WEST concludes that — because of increasing divergence in marketplace opportunities and
technology for product and service development — shareowners and customers will be better served if
the two main groups are separated.
- CERTIFICATE OF SERVICE
1, Martha L. Powell, hereby certify that the foregoing Request for Further Extension of
Special Relief was served this 14th day of November, 1997, by depositing a true cope: thereof
with the United States Postal Service, first-class postage prepaid, addressed to the folloxvinz:
Jerald L. Kent, President
Char -ter Communications, Inc.
12444 Powerscourt Drive
St. Louis, MO 63131
Curtis S. Shaw, Esq.
Senior Vice President & General Counsel
Charter Communications, Inc.
12444 Powerscourt Drive
St. Louis, MO 63131
D. G. Bergstein, Esq.
Paul, Hastings, Janofsky & Walker, LLP
- 399 Park Avenue
New York, NY 10022
James J. Connors, II, Esq.
Kelso & Company
320 Park Avenue
New York, NY 10022
David A. Tanner
E.M. Warburg Pincus & Co., L.L.C.
466 Lexington Avenue
New York, NY 10017
Jack H. Nusbaum, Esq.
Willkie, Farr & Gallagher
One Citicorp Center
153 East 53rd Street
New York, NY 10022-4677
Thomas D. Creighton
Robert J. V. Vose
Bernick and Lifson, P.A.
Suite 1200 The Colonnade
5500 Wayzata Boulevard
Minneapolis, MN 55416
Jodie M. Miller
Executive Director
Northern Dakota County Cable
—Communications -Commission -
5845 Blaine Avenue
Inver Grove Heights, MN 55076-1401
Yvette Benguerel
United States Department of Justice
555 Fourth Street
Room 8104
Washington, D.C. 20001
Joseph Van Eaton
Miller & Van Eaton
1225 - 19th Street, N.W.
Suite 400
Washington, D.C. 20036-2420
Brian T. Grogan
Moss & Barnett
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402
Meredith J. Jones*
Federal Communications Commission
Cable Services Bureau
2033 M Street, N.W.
Room 918-A
Washington, D.C. 20554
Nancy Markowitz*
Cable Services Bureau
Federal Communications Commission
2033 M Street, N.W.
Room 406A
Washington, D.C. 20554
Adrian E. Herbst
Theresa M. Harris
Fredrikson & Byron, P.A.
1100 International Centre
900-SecondAvenue South
Minneapolis, MN 55402
Mw 4hat-Powell
* Denotes hand delivery