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Home My WebLink About1996-12-18 - CC Packet CITY OF CENTERVILLE CITY COUNCIL AGENDA DECEMBER 18, 1996 CALL TO ORDER APPROVAL OF MINUTES 1. November 13, 2. November 26, PAYMENT OF CLAIMS 1. City of Centerville 2. Pay Estimate, Willow Glen 3. Pay Estimate, Eagle Pass 4. Pay Estimate, Clearwater Meadows SET AGENDA PETITIONS AND COMPLAINTS APPEARANCES- UNFINISHED BUSINESS NEW BUSINESS COMMITTEE REPORTS ADMINISTRATOR REPORTS CONSENT AGENDA 1. Resolution Adopting 1996 Tax Levy, Collectible in 1997 ADJOURN CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION 96 -41 RESOLUTION ADOPTING 1996 TAX LEVY, COLLECTIBLE IN 1997 Be it resolved by the council of the City of Centerville, County of Anoka, Minnesota, that the following sums of money be levied for the current year, collectible in 1997, upon taxable property in the City of Centerville, for the following purposes: Total Levy General Fund $426,920.00 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Adopted by the City Council of Centerville, this 18 day of December, 1996. Tom Wilharber, Mayor ATTEST: Ry -Chel Gaustad, City Clerk a j REPORT; EXPREV GENCRATEDc 2 AM 96 23;38 RUN: TUESDAY AUG0696 14:14 PAGE - 1 Cf: N7 f:NNI AI 150 12 EXPENDITURE REPORT ALL FUNDS SEON 101 REQUEST ID 26711 BEGINNING AC $TATEMENT OF EXPENDITURES PROM 06/01/96 TO 06 /JO /9G or N ENDING ACCOUNT NT M 10-999 SORTED BY FUND, BY ORGRNIZATiON, BY PROGRAM, BY FINANCE, By COURSE, 8Y OBJECT SUB - TOTALED BY FUND, BY PROGRAM, BY FINANCE, BY COURSE PAGE BREAK ON FUND ACCOUNT p REVISED EXPENDED EXPENDED AVA ILABLE PERCENF UGSCR[PT1UN BUDGET PERIOD -TO -DATE YEAR -TO -DATE ENCUMBERED BALANCE UNEXPENOEI ----------- _. ---------- _______________________.._- _____---- ____-- ________- _______ _ _ 04 -500- 599-000-899-000 0.00 0.00 0.00 __________0 00 _____________ OU _ RECREATfON COMMISS - MISC E).P!'.NSE 000 FIN GENERAL 0 00 * 0. DO * 0.00 • 0.00 • 0.00 * 0.00 000 PPG <DF.SC. NOT FOUND> 0.00 4 0. DO * 0.00 • 0.00 * 0.00 4 0.00 04- 500-599-321 - 109 -000 6,240.00 0.00 2.329.04 0.00 3,910.96 62.68 7 RECREATION COMMISS - COORDINATOR 04- 500 - 599 -32t -170 -000 4,368.00 2,101.00 9,159.00 0 -00 4,791.00- 109.65' - RECREATION COMMISS - SECRETARIAL 04 500 - 210 -000 812.00 36.42 1,657.60 0.00 845.40- f04. 14y RECREATION COMMISS - FICA NON LICE 04- 500 -609 -321- 211 -D') 0.00 0.00 0.00 0.00 0.00 0.00 ; RECREAT10F1 COMMISS - FICA LICENSED 04-500- 599 -321- 214-000 475.00 0.00 104.37 0.00 370 -63 78.03 RECREATION COMMISS - PERA 04-500 -5D9- 321.218 -000 0.00 0 -00 0,00 0.00 0.00 0.00 RECREATION COMMISS - TRA 04- 500-599- 321 - 270-000 200.00 0100 0.00 0.00 200.00 t00.00 '4 RFCREATION COMMISS - WORKERS COMPS 0 -5 00 - 599 - 321 - 320 -000 375,00 0.00 0.00 0-00 375.00 100,00 1 4 RECREATION COMMISS - TELEPHONE SER 04- 500 - 599-321- 322 -000 17,000.60 1,622.50 10,941.93 0.00 6,058 -07 35.64 y.. RECREATION COMMISS - CONTRACTED SE 04- 500-699- 321 - 329 -000 75.00 0.00 0,00 0.00 75.00 % RECREATION COMMIS$ - POSTAGE AND E 100.00 04-500-599-321- 341 -000 2,250.00 0.00 2,214,00 0.00 36.00 1.60 RECREATION COMMISS - LIABILITY INS 04 -50'1 -599 -321- 36G -000 100.00 55.10 138.94 0.00 38.94- 38.94 - RECREATION COMMISS - TRAVEL /( !, `.� 04 -500- 599 - 321 - 381-000 225.00 1,200.D0 2,002.80 0.00 1,777,80- 790.13 -% RECREATION COMMISS - PRINTING 04-500- 599 - 321 - 401 -000 1,450.00 0.00 1,159.30 0.00 290.70 20.05 X RECREATION COMMISS - GENERAL SUPPL 04 500 - 598- 321 - 530 -000 185.00 0.00 0 -00 0.00 185 - .00 100.00 % RECREATION COMMISS - EQUIPMENT - 04 - 500 - 599 321 - 899 -000 2,700.00 887.09 5,570.14 0.00 2,870 -14- 106.30 -% RECREATION COMMISS - MISC * 000 FIN GENERAL 36,455.00 * 5 4 35,277.12 4 0.00 * 1,177.88 * 3.23 • 321 PRO <DESC. 14DT FOUND> 36,455.00 * 5,902.11 * 3 0.00 • 1,177.88 + 3._3 % " 599 ORG <DESC. NOT FOUND> 36,455.00 • 5,902.11 35, 277.1 0.00 * 1,177.88 * 3.23 'r; -C-N -a 00- 590 --*51 .199 O • n --86- -- S7-g0- _�- •®66..45- 0.00 1,646.42- 134.95-% OTHER - COMMUNJ- TY- RR - -•-! iQJ,M�Y)U e- o�4 -yap b�l�� cxY� -o4o 0.27 a� 'Lao we REPDRT' ACCTLED9 GERERA'f1:D: 1; NOV 96 21:14 CENTENNIAL 1'SD 12 RUN: THURSDAY VCCO59G 11:39 GE:IL'FJ{[. 1.Efi:ER NORTH NLTRO NEC REVENUE 6 };,yp PAGE 0 07 /01/95 - 1 1130/96 c 90RULD BY Pi NANCE > MULTIPLE ACCOUNT i SUIT- TO114LEI` Ry , ky GY SRC RANGES ON Y. o G1: 1 i3..l.,kC INCLUDES F_ ACCOUNT TYYES 0 AND 5 FUND k 04 ;)IXM(UIJITY SERVICE o i ,1 FD u CCGUNT fJUMBFk SUPPRE13 7F,RO DAid,14CES A . TITLE A$ p L. 1 - YERTOb 07 /01/96 TO 11 /30196 / DEBTTS - Fl -.CAI. YEAR TO 11/30/96 - -) CREDITS .. - -- _ DE131 TS BALANCE AS c CkEU7TS Or 11/30196 RFCREATION CON„ 0.00 C 1139 - ai SC EXPENSE _ AP ACCUUtJTS PAYABLE CA CASH RECEIPTS 4.569,0 r JE JOURNAL 00 4,560. A[. L'NTF.I E'S � 0. D0 17 ;, 0p 38 UU U. O.00 0.00 175.00 393.3. 0.Ou 393.3: 4,901.Ob FIN 899 TOTALS - 0.00 REPORT ¢, SE9. 3b 56b, }L(;k 9,569.35 Sb6.32CR 4, 001,0E ' TOTALS - 0,00 19,192,9a 1d, 32 s.92CR , Is, 192. 53 10, 323. dLCR •f,b69. 51 Qdevi - 10, Do 3, 00 u �p ,r h n REfORT: ACCTLEDG GENERATED: 16 NOV 96 21:14 RUN: THURSDAY ECCO596 17:39 PAGE 3 &FRIINN1Ai. 1Sb 12 NORTH METRO REC REVENUE d EXP GENERAL. LEP;Kk D7 /01196 - 11/30/96 MULTIPLE ACCOUNT n RANGES ON PAGE. 1 r S!4 <T(711 D'i }']NA)!C'R. , DY OMJJSRC i SUD- TOTALED AY , BY OBJ /SRC' INCLUDES Ar_CCUNT TYPOS 4 AND 5 n i'UVD d 09 CO11110NITY SERVICE ID i SUPPRESS ZERO BALIUCCE$ u A RUMBER BEGINNI]JG BA1.. 1- PERIOD 07/01/96 TO 11/30/96 - ) 1 - - TI SCAL. YEAR TO 11/30/96 - -I BALANCE AS AC�YS1FrT TITLE AS o1' 06/50/56 DEBITS CREDITS CP.BI TS CRFIDI TS OF 11/30/96 •' FIN 214 TOTA4:8 - 0.00 230 23 0. 00 [34..'.3 D.DO 230.23 n r �+4- 500- S99- :I %i- 32 % -ODR 0.00 RECREATION CCNTRACTED SEkVTCE$ Al' ACCOUNTS PAYABLE 373.91 0.00 373,91. Woo JE JOURNAL ENTRIES 0.00 1,4J5.50 0 PO PR PAYROLL G 266.75 0.00 ],435.50 6,2G8.75 O,UO S, ZOt,ib '•' FIN 322 TOTALS - 0.00 6,642.66 1,435.50CR 6,642.66 5435.5DCR 5,2W16 6 r 1 4 - SOD- 593 - 321 - 366 -ODi' 0.00 (FCRF.ATION 0OKMTS3 - ThAVEL AP ACCOUNTS PAYA.HLE 95.80 0.00 95.80 p, DO JF. JOURNAL ENTRIES 14.50 0.00 14.b(i 81. "s0 •` F11J 06 TC - U. UO 9500 1 4.00S:R 95.80 14.50CR 81.30 �9 -5V0- 549 - ;i2]- 361 -000 0, 00 L iCRVATION COFMISS - PRINTING + AP ACCOUNT'S PAYABLE 1,593.20 199.10 1,595.20 199.10 JF. JOl(RN151: ENTRIES O.OU 1,200.00 0.OD 1, 20G. OU 199.10 *" FIN 381. TOTALS - 0.00 1,598.:'0 1,399.ICCR 1,598.20 k�399.100R 199.10 E r p RseORr: ACC'TI+AX9 GEACRATED: It NOV 96 0:14 RON; TNORSDAY DEC096 T7: j9 PAGE 2 CEWUNIAIL, I: ?D 12 NORTH METRO REU REVENUII 6 E %Y �- .GENERA.I, i.F7YJE6 07 ,/01/96 - 11!30/96 MULTII4,E ACCOUNT SU RANGES CN PACE 1 SUB-TOTALED D'i CE: , PY OSJ.0 SRC INCLUDES ACCOUt7T TYPES 4 AND 5 � C±Y 1 OCfJ /SRC n� FUND k Da OC:T1H »la]TY SERVICE TD SUPPRESS ZERO LALANCR3 u ACCOUNT NUMBER B8G11.`14100 VAL. 1- PERIOD 0 ?6 TO J1/30 96 Fa:;C(�!NT 11TLE / I - - FISC,a,I, YEAR TO ]2/30/'l6 - -I VALANCE AS Ai 0C' 06!30 /96 DEBITS CREDITS KPITS CREDITS OF 17/30/96 0a SOU- S99- OnU -b40 -DUO O, 00 7UIT1CV NE REC CLR9.9I85JON A.P ACCUGHTS PAYABLE 4500 OR rAsh RECEIPTS O.OD [�.UU 0.00 C 0.00 10,00; +.DO 0.00 10.003.00 W JpUi4;7tt. ENTRIES Woo 450o 0.00 -0S.OII r 10,003.00CR I •,• FIP 040 TOTALS - 0.00 95 00 lU, 098. OOCR 45. UU lU, 048. OOCR 10, [ +03. UDCR 0i- S00- 54S- aY1- 170-UDU 0. 00 RECRRATLXI !., 41SS - SECRETARIAL JE JOURNAL ENTRIRS c PR PAYROLL, [ +• DO B58. Oft (1.00 858. OD 1 5 1 1 39.00 D, DU 5,131.01) 0.00 i, 281.00 FIN 370 TOTAL'S - 0.00 S C'B 85F.OUCR + 5.135. UC 858.000A 6, 2BJ .00 U6 -5nV- .555-3;1 - 210 -n00 0.uO ` RECREATION COMMISS - F'ICA VCV LICENSED PR PA'YR044. 87S.06 0.00 872 , 6Fi 0.00 n 072. u'6 e ••• FIN 210 TOTALS - O.DO 872. a6 0.00 E72.66 O. OU 872.66 � I f4- 500 -Sgn- 321- 21a -96C' 0.o0 XECREATI('dl ca - PERA. PR PAYROLL ;300;f U.UD 210.23 230.23 NORTH CENTRAL SUBURBAN CABLE COMMUNICATIO COMMISSION 1630 101st Avenue NE, Blaine, Minnesota 55449-4419 (612) 780 -8241 FAX (612) 780.8242 MEMORANDUM TO: Member City Councilmembers FIR Mike Cusick, Administrator DA: December 4, 1996 RE MONTHLY UPDATE ------------------------------------------------------------------ ------------------------------------------------------------------ AGREEMENT TO RELIEVE OPERATOR OF COMMUNITY PROGRAMMING At its meeting of November 20, the Commission directed staff to draft the necessary franchise amendment to relieve the cable operator of their community programming responsibilities and transfer same to the Commission effective March 1, 1997. The Commission will review the amendment at its meeting of December 18 and submit it to member cities in the hope that it will be acted on early in January so that all necessary preparations can be made by he Commission to assume programming responsibilities on March 1, 1997, The Commission has also taken action based on member city direction to increase the PEG (Public, E ducational, G overnment) fee from $1.50 to $1.75. This is in line with the PEG fee level proposed for the operating budget of the Community Media Center which was previously submitted for member city review. COMMISSION HOLDS OPERATOR IN VIOLATION OF CABLE FRANCHISE The Commission took action to hold the operator in default and violation of its cable franchise for refusing to comply with a condition of the Commission's resolution approving the transfer of ownership of the franchise from Continental to US West. The Commission approved the transfer conditioned on US West securing all federal and local approvals for a waiver from the prohibition on telephone companies buying cable systems in their own phone service region. US West ignored this condition of the transfer resolution and has already closed on its purchase of Continental (Continental had previously purchased Meredith - currently US West continues doing business under the "Meredith" name). The purpose of requiring local approval for such a waiver is to insure that such a purchase by a phone company will not result in an anti - competitive market for telecommunication services due to the local phone company also being the local cable operator. The situation becomes even more important for local government due to the fact that federal law requires US West to divest itself of these systems sometime in the later BLAINE • CENTERVILLE • CIRCLE PINES • COON RAPIDS • HAM LAKE • LEXINGTON • LINO LAKES • SPRING LAKE PARK half of 1997. This could seriously hinder the Commission's ability to negotiate a ,• favorable renewal of the franchise which expires in 1998. What is the likelihood of US West negotiating in good faith on renewal and upgrade of a cable system that it knows it must soon sell to a potential competitor? The Commission will in all likelihood hold a hearing to further discuss the implications of granting such a waiver to US West in the hope that a solution can be reached that would allow the Commission to grant the waiver and remove the need to hold the operator in violation of its franchise and still protect the telecommunication interests of local governments. COMMISSION APPROVES RATE INCREASE PENDING FURTHER REVIEW The Commission has approved Meredith's rate increase application for January 1, 1997 pending further review. Should it be determined that the proposed increase is not allowed appropriate refunds and rollbacks will be ordered. SETTLEMENT AGREEMENT WITH COON RAPIDS The Commission has approved a resolution regarding terms and conditions related to the separation of the city of Coon Rapids from the commission effective December 31, 1996. NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION SYSTEM UPDATE OF SUBSCRIBERSHIP � R a;�m Total Subscribers 8,090 7,751 Total Subscribers 1,703 1,574 Total Universal "PEG" 9 N/A Total Universal "PEG" 3 N/A Homes Passed 14,701 14,413 Homes Passed 3,218 3,035 Penetration 55.03% 53.78% Penetration 52.92% 51.86% CENTER6?LLE t1GItN,, Total Subscribers 404 358 Total Subscribers 423 411 Total Universal "PEG" 6 N/A Total Universal 'PEG" 2 N/A Homes Passed 765 755 Homes Passed 953 943 Penetration 52.81% 47.42% Penetration 44.39% 43.58% CIRCLEPINES a 4FYt E Total Subscribers 911 860 Total Subscribers 2,677 2.520 Total Universal "PEG" 12 N/A Total Universal 'PEG" 24 N/A Homes Passed 1,667 1,663 Homes Passed 4,314 4,133 Penetration 54.65% 51.71% Penetration 62.05% 60.97% 1COONRAPIW, 7 j,9PR[1VGL4KFPARK Total Subscribers 12,358 11,846 Total Subscribers 1.426 1,371 Total Universal "PEG" 28 N/A Total Universal "PEG" 2 N/A Homes Passed 22,257 21,775 Homes Passed 2,633 2,592 Penetration 55.52% 54.40% Penetration 54.16% 52.89% NOVEMBER = NOVEMBER SYSTEMTOTAL ' ; -1' 994 - '1995 ` Basic Subscribers 27,992 26,691 Total Universal "PEG" 86 N/A Homes Passed 50,508 49,309 Penetration 55.42% 54.13% NCTV Monthly Report North Central Suburbs October, 1996 Programming The North Central Suburbs produced 42 new programs, 49:30:00 new program hours. There were 4 live productions. - Locker Room Live, produced by Jim Reynolds 01:00:00 - Locker Room Live, produced by Jim Reynolds 01:00:00 - Locker Room Live, produced by Jim Reynolds 00:30:00 - Locker Room Live, produced by Jim Reynolds 01:00:00 Van Shoots The van was utilized for 64:00:00 hours of production. Events taped include: - Girl's Soccer: Centennial vs. Totino Grace - Football: Spring Lake Park vs. Irondale - Volleyball: Centennial vs. Totino Grace - Football: Blaine vs. Anoka - Locker Room Live! SLP Football (Rained Out) - Girl's Soccer: Centennial vs. Mound Park Academy -Boy's Soccer: Centennial vs. Forest Lake - Football: Spring Lake Park vs. North Branch -Boy's Soccer: Anoka vs. Forest Lake - Girl's Soccer: Blaine vs. Duluth East - Football: Section Semi Final: Blaine vs. Anoka - Blaine /Spring Lake Park Athletic Assoc. Football - 2nd /3rd Grade Game -4th Grade Game -5th Grade Game -6th Grade Game -7th Grade Game -State Girl's Soccer: Blaine vs. Wayzata Workshops Class Qr anization Instructor Students , Field Prod. Comm. Ed. TJ Tronson 3 Toaster Comm. Ed. TJ Tronson 1 Amilink Comm. Ed TJ Tronson 1 3 Wrkshps 5 Students /40 Staff Produced Programs October North Central Suburbs Tale . is .Produtcer Hunt the Locker Room Live! (4) Jim Reynolds 03:30:00 G. Soccer: TGrace/Gent Jim Reynolds 01:27:22 Ftbl: SLP/Irondale Jim Reynolds 01:53:00 VbII: Cent/TGrace Jim Reynolds 01:50:49 Ftbl: Blaine/Anoka Jim Reynolds 02:22:11 G.Soccer: Cent/Mound Jim Reynolds 02:00:00 B.Soccer: Cent/F Lake Jim Reynolds 01:41:03 Ftbl: SLP/N Branch Jim Reynolds 01:55:18 B.Soccer: Anoka/F Lake Jim Reynolds 01:59:26 G. Soccer: BUDuluth E Jim Reynolds 01:31:55 Ftbl: Blaine/Anoka Jim Reynolds 02:10:06 Ftbl: 2nd/3rd Grade Jim Reynolds 01:34:35 Ftbl: 4th Grade Jim Reynolds 01:33:00 Ftbl: 5th Grade Jim Reynolds 01:32:15 Ftbl: 6th Grade Jim Reynolds 01:41:27 Ftbl: 71h Grade Jim Reynolds 01:32:00 G Soccer: BL/Wayzata Jim Reynolds 01:26:00 LegalLook Brian Ristine 00:30:15 21 New Programs 32:00:00 New Hours iz TV Neighborhood Cable Television Phone: (612) 784 -4451 1642 101st Ave. NE, Blaine, MN 55449 Fax: (612) 784 -0403 Sunda Mondau Tuesday Wednesday Thursday FrldaM Saturda Section Volleyball im s Numbers 4AAround2 s ..'. ..` s ,. ' ...: OTTICe 784-4457 Section Football 784 -84 a er 988 -2793 5A - S nn Lake Park x: 9 >.. • <: xt T ,s s.<: • ��, ��' �.: � : . <. >i: , 1 � ::., eF� . a 83 4AA -if SL� is out <ftt tilt; . �: t'h.. g'.: •:; _ Finals �'3.E : , i g �• . 7 �•��a. �T • � � ;: ::3:::,.�� Cell a 6178 � 2 Section Volleyball _ Section Volleyball 4AA semifinal ® C. R. 4AA final @ Stillwater State Football Quarterfinals MAN Vs. 4AA 3 O 5 T E l and 5A(h) Vs. 6A O 9 State Football State Volleyball State Uolleybell Semifinals AA 4AA(h) VsAAA Finals 8:00pm Blaine /C.R. /Cent. Williams Arena6:30am 7:30pm Metrodome winner plays ®6:30p S.P. Sports Pavilion State Football cover if 4AA in Only Se �mirmals A (S.L.P.)A (S.L.P.) 14 S:00pm Metrodome 15 16 17 18 19 20 21 22 23 Boys Hockey Blaine Vs. Centennial 24 25 26 27 28 29 7:30pm 36 NCTU event schedule 1996 NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION UNAPPROVED MINUTES Commission Meeting - November 20, 1996 CALL TO ORDER The regular meeting of the North Central Suburban Cable Communications Commission was called to order by the Chair at 7:08 p.m. in the Council Chambers at the Spring Lake Park City Hall. ROLL CALL Directors Present: C. Wurst, (Blaine); B. Marson (Alt. Circle Pines); B. Backes, (Coon Rapids); D. Nivala (Ham Lake); D. Valenta (Lexington); H. Wells, (Spring Lake Park). (Quorum Present) Others Present: M. Cusick, Admin.; T. Bender, Admin. Sec.; T. Creighton, Legal Counsel; R. Haver, (City of Blaine) Meredith Cable Representatives: Kathi Donnelly- Cohen, Vice - President, Public Affairs; Heidi Amson, Community Programming Manager; John Gibbs, Legal Counsel Continental/US West; Kevin Griffin, President/General Manager, Meredith Cable MINUTES OF PREVIOUS MEETING The Chair called for any additions or corrections to the minutes of the October 16, 1996, Commission Meeting. * *ACTION - 11/20/96 -1: Dir. Backes moved and was seconded to approve the October 16, 1996. Commission Meeting Minutes. Ham Lake Abstained. Motion Passed Unanimously. TREASURER'S REPORT Bill Lists and Financial Reports: Included in the packet for the Commission's approval was a Bill List through November 13, 1996. * *ACTION - 11/20/96 -2: Dir. Wurst moved and was seconded to approve the Bill List through November 13, 1996. Motion Passed Unanimously Included in the packet for the Commission's acceptance was a October 31, 1996, Financial Report and Budget Report. * *ACTION - 11/20/96 -3: Dir. Nivala moved and was seconded to accept the October 31. 1996, Financial Report and Budget Report as presented Motion Passed Unanimously. The Chair drew the commission's attention to the Legal Expenses line item and stated that in all likelihood this item would exceed budget by years end. Staff reviewed the estimated Year End Budget Balance and recommended that in light of impending legal issues, Directors should notify member cities of same and obtain authorization to draw from reserves to cover Legal expenses. This item was tabled until after Legal Counsel's report. Status of Increase in PEG Fee: The committee had addressed the need for directors to review an increase in the PEG Fee with their council's prior to the commission's next meeting where action would be taken on this item. The Chair surveyed directors for comments. Wells reported that the City of Spring Lake Park passed the proposal and budget inclusive of a $2.00 PEG Fee. Wurst, Marson, Nivala, and Valenta reported that their respective councils (Blaine, Circle Pines, Ham Lake and Lexington) have discussed an increase of $.25 for a total PEG Fee of $1.75 with further discussion to follow. Chair cautioned directors that in light of Coon Rapids' withdrawal and a minimum increase in the PEG Fee of $.25 the anticipated direction of community programming may need to be significantly altered. * *ACTION - 11/20/96 -6: Dir. Wurst moved and was seconded to forward to Meredith a $.25 increase from the current PEG Fee of $1.50 to $1.75 commencing January 1. 1997 (for the cities of Blaine. Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes, Spring Lake Park). Roll Call Blaine Yea Centerville Absent Circle Pines Yea Coon Rapids Abstain Ham Lake Yea Lexington Yea Lino Lakes Absent Spring Lake Park Yea Motion Passed Unanimously Mr. Griffin stated that upon Coon Rapids' request, it should be noted that Coon Rapids' PEG Fee would remain at a level of $1.50. The Chair questioned when Coon Rapids would be relieving Meredith of their obligation to provide community programming and Backes stated that they have indicated to Meredith their anticipation of relieving Meredith of community programming commencing January 1, 1997. **ACTION - 11/20/96 -7: Dir. Backes moved and was seconded that the Coon Ranids PEG Fee remain at $1.50. Roll Call Blaine Yea Centerville Absent Circle Pines Yea Coon Rapids Yea Ham Lake Yea Lexington Yea Lino Lakes Absent Spring Lake Park Yea Motion Passed Unanimously * *ACTION- 11/20/96 -8: Dir. Nivala moved and was seconded to direct Counsel to draft a Franchise Amendment for member cities approval to empower the commission to relieve Meredith of their obligation to provide community programming commencing March 1. 1997 with commission's continued preparation for same. The Administrator stated that he and the Chair had been invited to attend the next Administrator /City Manager meeting taking place on November 21, 1996. Roll Call Blaine Yea Centerville Absent Circle Pines Yea Coon Rapids Abstain Ham Lake Yea Lexington Yea Lino Lakes Absent Spring Lake Park Yea Motion Passed Unanimously REPORT OF LEGAL COUNSEL: Legal Counsel reviewed his letters dated October 28 & November 15, to US West counsel (John Gibbs regarding US West's noncompliance in obtaining all necessary federal, state and local government waivers, authorizations or other approvals conditioned upon the commission/cities Transfer Consent Resolutions and the subsequent franchise violations. Legal counsel was concerned that U.S. West has blantantly disregarded the conditions placed on the transfer by the Commission in its transfer resolution. The FCC's, Cable Bureau has ruled that local approval of US West's waiver to purchase is not necessary has been appealed by all six system Commissions. U.S. West's position is that all conditions were met when the Cable Services Bureau issued the Waiver for Special Relief to own and operate a cable service within their phone service area; subsequently, no violations exist. Commission Counsel's position is that U.S. West has not complied with the Consent Resolutions by virtue of the Waiver for Special Relief on Appeal and that an Appeal is not a final determination of the Federal Communications Commission and an Appeal in Federal court would remain pending and would not satisfy the Consent Resolution conditions; therefore, Continental Cablevision by transferring to U.S. West is in violation of member city Franchise Agreements and Federal law. Counsel stated that the commission does have the authority to issue a default notice on behalf of each member city pursuant to the Joint Powers Agreement and subsequent termination by individual member cities. Counsel reviewed provisions contained in member cities' Franchise Agreements for Franchise violations; default and notification of same; U.S. West's timeline (30 days) to remedy violation or to appear at the commission's next meeting; recommendation for Franchise termination forwarded to member cities; upon member cities determination, written notification to terminate Franchise Agreement; U.S. West timeline (30 days) to appeal if disputing violation; possibility of assessing penalties for Failure to Comply with any provisions of the Franchise Agreement commencing the date of the violation (November 15, 1996); if no violation has occurred, member cities refund all monies drawn from the Letter of Credit and the Letter of Credit will be replenished by U.S. West if monies are drawn by member cities with failure to replenish same being a violation of the Franchise Agreements. Counsel reiterated that this was a flagrant violation of the Franchise by closing these transactions in violation of the commission's notice to the contrary and a significant affront of the commission's administrative and regulator authority. It is Counsel's opinion that failure to act on this type of violation would set a fairly serious precedent as it relates to the commission's further relationship with U.S. West and recommended that 1) the commission issue a notice of default to the franchise holders and an order to appear at the Commission's next meeting and show cause as to why the Commission should or should not recommend to member cities, - the termination of the Franchise Agreements which U.S. West now claims to hold, 2) issue a notice of Franchise violation and commence procedures to fine the operator as proscribed in the franchise by drawing on Letters of Credit for each member city pending review at a public hearing if requested. Wells stated that he concurred with Counsel's opinion for action. *"ACTION - 11/20/96 -10: Dir. Wurst moved and was seconded to both issue to the franchise holders a notice of default and an order to show cause why the Commission should not terminate the member citv franchises and issue a notice of franchise violation and begin drawing on the Letters of Credit commencing on November 15. 1996 at a level of $100 per day per member city pending review at a public hearing. The Chair opened the floor for discussion. Mr. John Gibbs (Legal Counsel; Meredith /Continental/U.S. West) stated that items regarding the merger between Continental and U.S. West were not on tonights Agenda. Mr. Gibbs stated that a default has not occurred and the Joint Powers Agreement did not delegate the commission power to determine a default but that this was reserved for member cities to determine. Mr. Gibbs stated that U.S. West would be looking forward to public hearings held with member city's councils. U.S. West's position is that with the receipt of the Federal Communications Commission's Cable Services Bureau's decision of October 18, 1996, all necessary approval has been satisfied. Mr. Gibbs reiterated that commission's Counsel had submitted an Appeal for Review and Stay to the full FCC on November 12, 1996, subsequent filing of same does not negate the FCC's decision and their order is currently effective. He stated that he and the operator were available for further discussion. The next meeting of the NCSCCC will be held on Wednesday, December 18, 1996, at 7:00 p.m. in the Council Chambers at Spring Lake Park City Hall unless notified otherwise. Laurie Hanover, Secretary - NCSCCC