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HomeMy WebLinkAboutUntitled Central St. Croix Valley Joint Cable Communications Commission Operating & Capital Expenditure Budget Fiscal Year 2009 (February 1, 2009 —January 31, 2010) Revenue Franchise Fees 245,000 PEG Fees 115,500 Interest Earnings 2,000 Expense Reimbursements 1,000 2008 Lower Valley Funding 16,800 Total Revenue $ 380,300 Expenses Salary (includes employer's FICA & PERA) Admin. Secretary (30 hr. week) 36,200 Professional Services Legal Fees 3,500 Accounting 800 Other Expenses Office Supplies 1,000 Telephone 1,250 Postage 250 Maintenance/Repairs 200 Conf/Mtgs/Dues 1,000 Print/Publish 75 Insurance/Bond 4,200 Medical Insurance 7,200 Dental Insurance 600 Office Rent 19,175 Gas & Electric 2,300 Security System Monitoring 150 Photocopier Expenses 350 Access Center Support 296,920 (PEG Fees 115,500; Franchise Fees 149,720; Interest Earnings 900; Lower Valley Funds 16,800; Tape Dub Reimbursements 14,000) Cable Commission FY 2009 Budget— Page 2 Miscellaneous Expenses 2,000 Telephone System Maintenance 150 Valley Ridge Mall Christmas Event 200 Capital Expenses Office Furniture/Equipment 200 Reserve Funds Accounts Audit Fund 1,200 Legal Contingency -0- Leasehold/Facility/Relocation -0- HVAC Maintenance/Repair -0- Security Fund -0- Commission Contingency Fund 1,380 Total Expenses $ 380,300 Salary figure includes a 3% cost of living increase as of February 1st, 2009 and a step increase as of August 1st, 2009. Valley Access Channels Operating & Capital Expenditure Budget Fiscal Year 2009 (February 1, 2009 —January 31, 2010) Revenue Commission Subsidies: PEG Fees 115,500.00 Franchise Fees 149,720.00 Interest Earnings 900.00 2007 Lower Valley Funds 16,800.00 Tape Dub Reimbursements 14,000.00 296,920.00 834 School Dist. Reimbursement 3,500.00 Miscellaneous Reimbursements 100.00 Total Revenue $300,520.00 Expenses *Salaries (includes employer's FICA & PERA where applicable) Access Manager—40 hours 57,100 Lead Facilities Coordinator—40 hours 46,150 Facilities Coordinator—40 hours 41,100 Facilities Coordinator—40 hours 39,260 Access Associate— up to 40 hrs/month 8,470 Access Associate— up to 20 hrs/month 4,000 Freelance/Temp Employees 12,000 Total Salary Expense $208,080 Professional Services Accounting 800 Other Expenses Office Supplies 1,200 Media Supplies* 500 Telephone 1,250 Rent & CAM 38,345 Gas & Electric 4,500 Insurance/Bond 3,800 Medical Insurance 22,320 Dental Insurance 2,100 Postage/Mtg/Conf/Dues 1,200 Maintenance/Repairs 5,000 Mileage—58.5c/mile 900 Valley Access Channels — FY 2009 Budget— Page 2 Publicity 1,500 Grants — 10 @$300 3,000 Misc/Facility/Office Furniture 5,000 Telephone System Maintenance 375 Security Monitoring 300 Copy Machine Expense 350 Total Expenses $300,520.00 Salary figures are budgeted for a 3% COLA increase as of February 1, 2009 and a step increase as of August 1, 2009. A 3% COLA increase was also budgeted for the 2 part time positions. Our newest facilities coordinator is budgeted to receive 'A of his step increase on February 1st and the other % on August 1st in order to get him a raise prior to being here for 2-1/2 years and also to get him on the same schedule for step increases as the other employees working 30+ hours per week. The Media Fund is funded almost entirely from tape dub reimbursements. a !)1; FE13 — 9 sio ! JAN 14 2000 ARTICLES OF AMENDMENT CENTRAL ST. CROIX VALLEY CABLE COMMUNICATION COMMISSION JOINT AND COOPERATIVE AGREEMENT It is agreed between the parties to this agreement that it be amended as follows: 1. That Article VI, Section 2 entitled Alternate Representative be hereby restated to hereafter read as follows: SECTION 2 Alternate Representative. Each regular member municipality shall appoint a person who lives or works within that municipality. Alternate representatives shall be considered as primary representatives in the event that a primary representative is unable to attend a meeting as defined in Article VIII." In all other ways, the joint and cooperative agreement shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed its behalf this day of ,2000. CITY OF STILLWATER yor Attest: Morli eldon, City Clerk CITY • OAK PARK EIG David Schaaf, .yor Attest: ----, L \r\i\v — City Clerk CITY OF BAYPORT /// / // _,/ Allen Schultz, Mayor el Attest: _..4 ■# Ale 'en, eth . Hartun. appr Cit, A. inistrator isi•on. a , .,. . , _ . , . ... . . ..,, ,t L.:, , ,_- c es - •, ' , =.' - :::._.1.,-',:,.,,,,,,,,- -- ' :' , , urc . . so . , , , . . , . ..,,,,, :•.,. .:,,,,...,, , ,. t 5. .., ..,.: ,, . ....,. , .,. . .. ..... . , . . ..,„. ... , .... ..9 .. , , ., . .., , . . _, , . . . _ , . , ,,,,„ ,i-- 1 'gill . ,. „ . , ,, ,.. ... , . .,.... , . . „_ , . .. ., ... : . ,,... '.2 f k a. Central St. Cr t Joint e :1.:7;;.:m T Cy � Comm, . coo► b s r + rs 1 ub rs., : . x Y 1 survey l ' ' y t � �.r IPresent+e to: Ms. Cathy Cinnamon Central St. Croix Joint Cabl t Communications s Commission , v•Nolan a One: Frequencies I Ana r � 1 D ion Resources, Ltd. January, 199 i" ,. 't.,:t, , . ,i,,,,,,,, ..,' ' ., „.':..;'-;-::--.:',-',..'-:-. a '� t I I I I EXECUTIVE SUMMARY I ICentral Saint Croix Valley Cable Commission Study I Methodology: • Survey of 400 randomly selected subscribers of King Videocable. • Average interview time of twenty-one minutes for subscribers. • Telephone interviews completed between September 18 and 26, 1997. i • Results projectable to the universe of cable television subscribers within± 5.0 percent in 95 out of 100 cases. ISubscriber Demographics: I Household characteristics: • Twenty-two percent of the households contained senior citizens. • Forty-seven percent contained adults between the ages of 45 and 64 years old. I • Sixty-three percent contained adults between the ages of 18 and 44 years old. , • Twenty-three percent reported children between the ages of 12 and 18 years old. • Twenty-four percent indicated children under the age of 12 years old. The median adult age of subscribers was found to be 46.8 years old. • Twenty percent posted ages less than 35 years old. • Twenty-one percent posted ages over 64 years old. IEighty-nine percent owned their present residences. Women were two percent higher in the sample than men. IForty percent reported working in Stillwater, Bayport, or Oak Park Heights. • Twenty-seven percent worked in Stillwater. 1 • • Seven percent worked in Bayport. Six percent held jobs in Oak Park Heights. I City representation in the sample: • Seventy-one percent resided in the City of Stillwater. • Twelve percent lived in the City of Bayport. 1 I I 1 Central Saint Croix Valley Cable Commission 1997 Residential Study • Eighteen percent lived in Oak Parks Heights. : Perspectives on the Cable Company: P P Y IEighty percent rated their cable television service as"excellent"or"good." • Twenty percent were more critical. IThe Cable Company was rated very strongly on five service areas: • Eighty-eight percent rated billing as"excellent"or"good." • Eighty-seven percent similarly evaluated picture and sound quality. • Eighty-seven percent felt positive about installation of service. • Eighty-two percent rated the number of channels available as"excellent"or"good." I • Eighty-one percent were positive about customer service. Moderate strong ratings were granted on three dimensions: • Seventy-five percent rated program choices as"excellent" or"good." • Sixty-seven percent similarly rated the restoring of service after an outage. • Sixty-four percent rated service repairs positively. IOnly one dimension was weak: • Forty-two percent graded rates as"excellent" or"good,"while fifty-one percent saw it as I "only fair" or"poor." • Lower ratings were based upon the high cost of service for seemingly slow service and Ilittle choice. Fifty-five percent rated their cable television service charges in comparison with other services as I "very high" or"somewhat high." • Forty percent saw it as"average." • Only two percent felt the charges were"somewhat low." IFifty percent had visited the King Videocable Office. • Sixteen percent use the office on a regular basis for dropping off or exchanging I • equipment and making payments. Sixty-four percent thought it was "very important"or"somewhat important"to have the local cable office. IEighty-nine percent have experienced technical problems or outages"not too often"or"not at all often." I • Eleven percent thought it occurred"very often"or"often." IPage 2 I I ICentral Saint Croix Valle y Cable Commission . 1997 Residential Study 1 I Local Programming: IViewership of public access channels varied markedly. • Sixty percent had watched Channel 10 Public Access during the past six months. • Fifty-six percent had tuned in on Channel 12 Government Access. • Forty-one percent had viewed Channel 3, Education Access. • Fourteen percent had viewed Channel 22 Senior/Religious Access. IFifty-eight percent were at least"somewhat interested"in local community news programs. • Thirty-five percent reported occasionally watching this type of programming. 1 Forty-seven percent were either"very interested" or somewhat interested" in city festivals and celebrations. • Thirty-two percent watched this type of programming"frequently" or"occasionally." 1 I Thirty-six percent were at least"somewhat interested"in programs produced by local residents. II • Twenty-four percent had at least"occasionally"watched this type of programming. Thirty-two percent were either"very interested"or"somewhat interested"in local talent Iprograms. • Twenty percent had watched this type of show either"frequently" or"occasionally." IForty-four percent expressed interest in talk shows involving the community. • Thirty-two percent had watched this type of show periodically. ISixty-six percent were at least somewhat interested"in community information. p ty • Fifty-two percent had watched community information productions at least I "occasionally." Forty-three percent were either"very interested"or"somewhat interested" in programs about I local business. • Twenty-six percent watched either"frequently"or"occasionally." Sixty-five percent were at least"somewhat interested"in telecasts of City Council Meetings. • Fifty-five percent watched these telecasts either"frequently"or"occasionally." I Forty-nine percent expressed interest in School Board Meeting telecasts. • Thirty-six percent watched cablecasts at least"occasionally." 1 Page 3 I I Central Saint Croix Valley Cable Commission 1997 Residential Study Forty-six percent were either"very interested" or"somewhat interested"in telecasts of County Board Meetings. • Thirty-three percent watched County Board Meeting telecasts periodically. Forty-six percent were at least"somewhat interested" in telecasts of candidates' forums at election time. • Thirty-two percent reported watching candidates' forums at least"occasionally." Forty-one percent expressed interest in Truth-in Taxation Hearing cablecasts. • Fourteen percent reported watching Hearings either"frequently"or"occasionally." Thirty-one percent were at least"somewhat interested"in telecasts of elementary school events. • Twenty-one percent reported watching these cablecasts periodically. Thirty-two percent were either"very interested"or"somewhat interested"in cablecasts of secondary school events. • Twenty-five percent watched cablecasts at least"occasionally." Thirty-five percent expressed interest in school orchestra, band, or choir production telecasts. • Twenty-five percent watched musical cablecasts either"frequently"or"occasionally." Forty-five percent were at least"somewhat interested" in high school athletic event telecasts. • Sports events were watched at least"occasionally"by thirty-six percent. Thirty-eight percent were either"very interested" or"somewhat interested" in instructional program telecasts. • Twenty-three percent watched instructional program telecasts either"frequently"or "occasionally." Twenty-three percent expressed interest in church service cablecasts. • Twenty-two percent watch services either"frequently"or"occasionally." Twenty-one percent were "very interested"or"somewhat interested" in church event telecasts. • Eighteen percent watched church event telecasts at least"occasionally." Twelve percent were at least"somewhat interested" in senior citizen programming. • Nine percent watched senior citizen programs periodically. Seventy percent were"very interested" or"somewhat interested" in watching informational or education programming about their city and its activities. Page 4 f I Central Saint Croix Valley Cable Commission 1997 Residential Study 1 • Thirty percent were"uninterested." I Sixty-nine percent regarded local programming as"very important"or"somewhat important." • Thirty percent rated its importance lower. Community Access Facility: tJ' ty ISixty-four percent reported awareness of the community access facility and the services offered there. • IOnly seven percent indicated household members who had been involved in public access training classes or public access program productions. I • Forty-eight percent rated the quality of the public access facility as"excellent"or"good," while twenty-seven percent were more critical. • Fifty-nine percent rated the quality of equipment for public access positively, while I • fourteen percent rated it negatively. Thirty-eight percent rated the quality of training classes as"excellent"or"good,"while thirteen percent felt it was"only fair"or"poor." • Fifty-nine percent rated the helpfulness of staff at the public access facility positively, while ten percent rated it lower. 1 Forty percent favored the Cable Commission operating the Community Access Facility. • Seventeen percent opposed the switch in control. • Forty-three percent were unsure. I Technology Audit: I Fifty-three percent have a personal computer at home. • Sixty-five percent utilized it for internet access. • Sixty-four percent used their computer for access to other on-line services, such as e-mail. • Forty-eight percent employed it as a link to other computers with their modem. • Fifty-two percent used the computer for business purposes. • Seventy-four percent utilized it for educational applications. I Forty-eight percent reported access to a computer at their workplace. • Forty-nine percent used that computer for internet access. • Sixty-two percent utilized it for access to other on-line services. I • Eighty-one percent used the computer for internal operations. I Page S I 1 ICentral Saint Croix Valley Cable Commission 1997 Residential Study • Fifty-four percent employed it for connections with other locations around the state, nation, or world. II • Twelve percent employed the computer for videoconferencing. Interest in subscribing to a number of advanced cable services showed a wide degree of variation: • Thirty percent were interested in Internet access,particularly for use at home. • Eighteen percent were interested in data transmission, both at home and at work. • Twenty-two percent would subscribe to computer to computer networking,both at home 1 and at work. • Fourteen percent would use video conferencing services, both at home and at work. • Twenty-six percent were interested in repeats on programs on demand service, especially for use at home. • Thirty-two percent reported interest in movies on demand,particularly for use at home. I • Twenty-three percent were interested in interactive video games,particularly for use at home. • Twenty-two percent would subscribe to local telephone service,both at home and at I work. I I I I 1 I I IPage 6 I I I Central Saint Croix Valley Cable Commission 1 1111 1997 Residential Study I Subscriber Conclusions: 1. King Videocable was generally well-regarded as a service provide. On most quali WI ty service dimensions, it exceeded Metropolitan Area norms. I 2. Char g es were viewed as being somewhat high,and thi s feeling exceed the general suburban evaluations of current rate structures. 3. Channel 10 Public Access and Channel 12 Government Access posted solid viewership levels. 4. Several types of programming evidenced a large gaps between potential audience and 1 actual audience: "Truth-in-Taxation Hearings,""local community news programs,"and "programs about local businesses." 5. Current public access training facilities and classes were rated below the Metropolitan Area suburban norm. I 6. A majority of residents have a personal computer at home, and forty-eight percent have access to one at their place of work. Internet access, e-mail, and educational application were major home uses. Similarly, internal operations, e-mail, and connections with other Icomputers were major workplace uses. 7. The highest levels of interest in new advanced cable services surrounded"movies on Idemand,""internet access,"and"repeats on programs on demand." 1 I I I IPage 7 2 '11 1 1 1 1 EXECUTIVE SUMMARY II Central Saint Croix Valley Cable Commission Study 1 Methodology: I • Survey of 250 randomly selected subscribers of King Videocable. • Average interview time of seven minutes for non-subscribers. • Telephone interviews completed between September 18 and 26, 1997. • Results projectable to the universe of cable television subscribers within± 6.3 percent in 1 95 out of 100 cases. INon-Subscriber Demographics: Seven percent owned a satellite dish. INinety-four percent reported the availability of cable service in their neighborhood • Thirty percent of those in uncablized neighborhoods expressed interest in subscribing. IForty-four percent had subscribed to the local cable television system in the past. Thirty-nine percent stopped because of"cost." ITwenty-eight percent"did not watch enough television." Eleven percent pointed to "poor selection." Eight percent"moved." Six percent had"problems with the Cable Company." Six percent"purchased a satellite dish." I "Lower cost"might induce thirty-four percent to re-subscribe. Fifty-six percent had not subscribed to the local cable television system in the past. I "Lack of interest" was reported by forty-six percent. "Cost" was cited by twenty-one percent. Thirteen percent felt they "would watch too much." I "Lack of time"was key for ten percent. Four percent"did not want their children to watch." I Page 8 I 1 Central Saint Croix Valley Cable Commission 1997 Residential Study ITen percent were currently considering subscribing or re-subscribing to cable television. IHousehold characteristics: • Twenty-three percent of the households contained senior citizens. • Thirty-seven percent contained adults between the ages of 45 and 64 years old. I • Sixty-one percent contained adults between the ages of 18 and 44 years old. • Fifteen percent reported children between the ages of 12 and 18 years old. • Twenty-eight percent indicated children under the age of 12 years old. The median adult age of subscribers was found to be 43.0 years old. • Twenty-eight percent posted ages less than 35 years old. • Twenty-five percent posted ages over 64 years old. 1 Seventy-four percent owned their present residences. Women were fourteen percent higher in the sample than men. IThirty-six percent reported working in Stillwater, Bayport, or Oak Park Heights. • Twenty-eight percent worked in Stillwater. I • Four percent worked in Bayport. • Four percent held jobs in Oak Park Heights. 1 City representation in the sample: • Sixty-eight percent resided in the City of Stillwater. • Fourteen percent lived in the City of Bayport. I • Seventeen percent lived in Oak Parks Heights. ICommunity Access Facility and Local Programming: I Fifty-four percent reported awareness of the community access facility and the services offered there. I Forty-four percent were either"very interested" or"somewhat interested"in viewing local programming, such as City Council Meetings and local programming. • Fifty-six percent registered lower interest levels. I I IPage 9 I 1 Central Saint Croix Valley Cable Commission 1997 Residential Study Technology Interests: Interest in subscribing to a number of advanced cable services showed a wide degree of variation: • Thirty-two percent were interested in intemet access,particularly for use at home. • Twelve percent were interested in data transmission,both at home and at work. • Twenty-four percent would subscribe to computer to computer networking, both at home and at work. • Eleven percent would use video conferencing services, both at home and at work. • Thirty-six percent were interested in repeats on programs on demand service,especially for use at home. • Forty-seven percent reported interest in movies on demand,particularly for use at home. • Eighteen percent were interested in interactive video games,particularly for use at home. • Nineteen percent would subscribe to local telephone service, especially for use at home. 1 Non-Subscriber Conclusions: 8. Lack of interest and service costs were the two major reasons for not subscribing to King Videocable. Cost and lack of use were the two key reasons for previous subscribers to terminate their cable television service. 9. A lower cost structure could attract back about one-third of the former subscribers. 10. The highest levels of interest in new advanced cable services surrounded "movies on demand," "repeats on programs on demand,"and"internet access." 1 1 1 1 1 1 Page 10 s a can t .� a d ..x i y�Ai j d .T*Y Y t �� s$ z � ,. Z st h A '-'",'''',.1'''-''''''''''''R� 6, iJ - .r y ss <'x -', i � �� s, .y � � �s14�' > � 7 �„, Eby. � } -,./.. • e is - , ,,, ,0.' - . ,., Resources .,Ltd.- - ''' , „,„ 8. .. . , ,, , ,...,,- , , ,,,:, :,,,,',f,,,,,, - ... , ,..„ , -„, ,,,,,„; � F y y d A � eft f 4� x H F , r'" � _ x n x a S � d � G St' 4 YY'. b$ T ' REPORT OF FINDINGS Central Saint Croix Valley Cable Commission Study I Methodology: This study contains the results of two telephone surveys. The first study interviewed 400 randomly selected subscribers of King Videocable in the Central Saint Croix Valley. Survey 1 responses were gathered by professional interviewers across the region between September 18 and 26, 1997. The average interview took twenty-one minutes. In general, random samples such as this yield results projectable to the entire universe of cable television subscribers within± 5.0 percentage points in 95 out of 100 cases. The second study interviewed 250 randomly selected non-subscribers of King Videocable in the Central Saint Croix Valley. Survey responses were ' gathered simultaneously with the first study. The average interview took seven minutes. In general,random samples such as this yield results projectable to the entire universe of cable television subscribers within±6.3 percentage points in 95 out of 100 cases. Comparative Demographics: ' The table below illustrates differences in the demographic backgrounds between subscribers and non-subscribers: Demographic Characteristic Videocable Subscribers Non-Videocable Subscribers Senior citizen households 22% 23% Adults 45-64 years old IA 37%37% ' Adults 18-44 years old 63% 61% Children 12-18 years old `�'� �' <{ ,,:.• ' 15% :'',•. :':F rr�h..'i:n:. F !}' i%.e''E•%,J s.^:;ti.=•r°,•, ' Children under 12 years old 24% 28% Median age of respondent 46.8 years old 43.0 years old 'chi •.;r��•r•,y,,,•' Home ownership AremiNWRI 74% •...�,•. r rs.1z. ».r•.;.r':'s.•�,•'�:�,•'•�t:��,fit; Women 51% • ��,..•, .�' City of Stillwater residents 71% 68% City of Bayport residents 12% 14% City of Oak Park Heights residents 18% 17% Several significant differences were detected between the groups. First, households containing 1 1 middle-aged adults and/or older children were more apt to be cable television subscribers. Similarly, renters and/or women were more likely to be non-subscribers. 1 Non-subscribers were asked several additional questions. Seven percent reported owning a satellite dish. Ninety-four percent stated cable service was available in their neighborhood, while Ionly four percent thought they did not have service available and two percent were simply unsure. IForty-four percent of the current non-subscribers had subscribed to the cable television system serving this area. Termination of the service was based upon"its cost,"mentioned by thirty-nine I percent,and lack of usage, stated by twenty-eight percent. Eleven percent cited a"poor selection,"while eight percent had moved. Six percent now had"a satellite dish,"instead, and six percent also reported"serious problems with the cable company." Over forty-five year olds Iwere particularly critical of the available selection, and members of households containing children were most apt to report past problems with the cable company. "Lower subscription costs"were the major incentive for re-subscribing,posted by thirty-four percent. Lower rates I would be the greatest incentive for members of households containing children,residents of Oak Park Heights, and under forty-five year olds. I Fifty-six percent of the current non-subscribers had never subscribed to the area's cable television service. "Lack of interest"was reported by forty-six percent, but especially members of households without personal computers and over forty-five year olds. "Cost"was an obstacle I for twenty-one percent. "Fear of watching too much"motivated thirteen percent, but especially members of households containing children,residents of Oak Park Heights, and under forty-five year olds. "Lack of time"was cited by ten percent,particularly,residents of Bayport. And,four 1 percent"did not want their children to watch." IIAmong all non-subscribers,ten percent reported they were considering subscribing or re- subscribing to cable television. In particular,members of households containing children and under 45 year olds were most apt to be thinking about a subscription. 1 Perspectives on the Cable Company: ISubscribers were asked a number of questions about the Cable Company and the services it provided. Eighty percent rated their cable television service as either"excellent" or"good;" 1 twenty percent, though, rated it lower as "only fair"or"poor." Moving into greater detail,the Cable Company was rated very strongly on five service areas. I Eighty-eight percent rated billing as "excellent"or"good,"while ten percent were more critical. Those who had not visited the King Videocable office tended to rate the company lower on this dimension. Eighty-seven percent similarly evaluated picture and sound quality,with only 1 thirteen percent expressing less satisfaction. Visitors of the King Videocable office and Stillwater residents tended to be more positive, while non-visitors of the office and men were more likely to be unfavorable. Eighty-seven percent felt positive about installation of service, 1 1 I Iwhile seven percent were more negative. Over 45 year olds posted higher ratings, while households containing children and 18-44 year olds posted somewhat lower evaluations. Eighty- !i , two percent rated the number of channels available as "excellent"or"good;"fifteen percent saw the selection as "only fair"or"poor." Households owning a personal computer were most apt to report dissatisfaction. Finally, eighty-one percent were positive about customer service, while Ieleven percent rated it lower. Again,households owning a personal computer were more likely to be unhappy. IModerately strong ratings were granted on three dimensions. Seventy-five percent rated program choices as"excellent"or"good,"while twenty-two percent rated this service aspect as "only fair"or"poor." Higher ratings were posted by households without personal computers, IStillwater residents, and women, while lower ratings were encountered among households owning personal computers and Bayport residents. Sixty-seven percent similarly rated the restoring of service after an outage, while eleven percent were more negative. Sixty-four percent I rated service repairs positively, and seven percent were more critical. Visitors of the Videocable office were most apt to rate service repairs highly. IOnly one dimension was weak. Forty-two percent graded rates as"excellent" or"good,"while fifty-one percent saw them as"only fair"or"poor." There were no statistically significant I variations among subgroups. Lower ratings were based upon the high cost of service for seemingly slow service and little choice. 1 On a related issue, fifty-five percent rated their cable television service charges in comparison with other services as"very high"or"somewhat high." Forty percent saw it as "average,"while only two percent felt the charges were "somewhat low." There were no statistically significant Isubgroup variations. Eighty-nine percent have experienced technical problems or outages"not too often"or"not at all Ioften." A very small eleven percent, in comparison with other Metropolitan Area cable television systems, thought it occurred"very often"or"often." Men were most apt to report I higher incidence rates,while households containing children and women posted much lower rates of interruptions. I Fifty percent had visited the King Videocable Office. Sixteen percent use the office on a regular basis for dropping off or exchanging equipment and making payments. Visitors were most often members of households owning personal computers and residents of the City of Oak Park I Heights. Even so, sixty-four percent thought it was "very important"or"somewhat important"to have the local cable office, while thirty-one percent disagreed with this assessment. Higher importance was ascribed by members of households owning personal computers; lower importance,by respondents from households without personal computers. ' Local or Community Channel Viewership: Viewership of public access channels varied markedly. Sixty percent had watched Channel 10 1 1 111 li I Public Access during the past six months. Fifty-six percent had tuned in on Channel 12 Government Access. Forty-one percent had viewed Channel 3, Education Access; this channel I had lower appeal for households owning personal computers. Fourteen percent had viewed Channel 22 Senior/Religious Access. Higher viewership levels were reported by City of Stillwater residents, while lower levels were posted by City of Bayport residents and men. 1 Public Access Programming: Cable television subscribers were asked about both their interest and current viewing of seven types of public access programming on Channel 10. Fifty-eight percent were at least"somewhat interested"in local community news programs, but only thirty-five percent reported at least "occasionally"watching this type of programming. Forty-seven percent were either"very interested"or"somewhat interested"in city festivals and celebrations, but only thirty-two percent I watched this type of programming"frequently" or"occasionally." Thirty-six percent were at least"somewhat interested"in programs produced by local residents, while only twenty-four I percent had at least"occasionally" watched this type of programming. Thirty-two percent were either"very interested" or"somewhat interested"in local talent programs, but only twenty percent had watched this type of show either"frequently"or"occasionally." Forty-four percent I expressed interest in talk shows involving the community, while thirty-two percent had actually watched this type of show periodically. Sixty-six percent were at least"somewhat interested"in community information, while fifty-two percent had watched community information I productions at least"occasionally." And, forty-three percent were either"very interested"or "somewhat interested"in programs about local business,but only twenty-six percent watched this type of program either"frequently"or"occasionally." IIn general,visitors of the King Videocable Office expressed lower levels of interest in each type of public access program across-the-board. This may reflect the fact that visitors tend to have Ipremium channels, multiple televisions, and take pay-per-view opportunities. Women were more interested in talk shows than men. Interestingly, there were no statistically significant departures from the overall norms by residents of any of the three cities. I On average, a gap of fifteen percent existed between those expressing interest in each type of I programming and those actually watching each type. One type of program, though, registered a gap of twenty-three percent: local community news programs. IGovernment Access Programming: 1 Subscribers were next asked about their interest and viewership of five types of government access programs. Sixty-five percent were at least"somewhat interested" in telecasts of City Council Meetings,while fifty-five percent watched these telecasts either"frequently" or I "occasionally." Forty-nine percent expressed interest in School Board Meeting telecasts, but thirty-six percent watched cablecasts at least"occasionally." Forty-six percent were either"very interested" or"somewhat interested" in telecasts of County Board Meetings, and thirty-three I 1 I Ipercent watched County Board Meeting telecasts periodically. Forty-six percent were at least "somewhat interested" in telecasts of candidates' forums at election time,while thirty-two I percent reported watching candidates' forums at least"occasionally." And, forty-one percent expressed interest in Truth-in-Taxation Hearing cablecasts, but fourteen percent reported watching Hearings either"frequently"or"occasionally." I Interest in City Council Meetings was highest among non-visitors of the cable office, City of Oak Park Heights residents, and over forty-five year olds. Interest was more limited among visitors of Ithe King Videocable Office and City of Stillwater residents. Interest in School Board Meetings was higher among non-visitors of the cable office and households containing children; it was I lowest among visitors of the King Videocable Office. The pattern referred to earlier also dominated these results: office visitors expressed lower levels of interest in each type of program than non-visitors. IViewership of City Council Meetings was highest among non-visitors of the King Videocable Office, City of Oak Park Heights residents, and over forty-five year olds; it was lowest among I office visitors and under forty-five year olds. County Board Meeting viewers were most often over forty-five year olds; they were least apt to be members of households containing children and under forty-five year olds. Candidate forums were watched most often by over forty-five I years olds and least often by under forty-five year olds. Truth-in-taxation cablecast viewers were most frequently office non-visitors and over forty-five year olds; they were least often visitors of the King Videocable Office. IThe average gap between interest and viewership was thirteen percent. There were no outstanding deviations from this norm. I Educational Access Programming: IFive types of educational access programming were tested for both interest and viewership. Thirty-one percent were at least"somewhat interested"in telecasts of elementary school events, Iwhile twenty-one percent reported periodically watching these cablecasts. Thirty-two percent were either"very interested"or"somewhat interested" in cablecasts of secondary school events, but twenty-five percent watched cablecasts at least"occasionally." Thirty-five percent expressed I interest in school orchestra, band, or choir production telecasts, while twenty-five percent watched musical cablecasts either"frequently"or"occasionally." Forty-five percent were at I least"somewhat interested"in high school athletic event telecasts,but sports events were watched at least"occasionally" by thirty-six percent. And,thirty-eight percent were either"very interested"or"somewhat interested"in instructional program telecasts,with twenty-three percent Iwatching instructional program telecasts either"frequently"or"occasionally." Interest in elementary school events was highest among non-visitors of the King Videocable I Office,members of households owning a personal computer,households containing children, and under forty-five year olds; it was lowest among members of households without personal computers and over forty-five year olds. Interest in secondary school events, school choral I 1 1 presentations, high school athletics, and instructional programs soared among non-visitors of the office and households containing children; interest in most of these program types was lowest I among visitors of the King Videocable Office. Similarly, viewership of each type of program was highest among non-visitors of the office and households containing children. 1 The mean gap between interest levels and viewership levels was ten percent. There was a slight positive deviation from this norm in the gap for instructional programs,at fifteen percent. 1 Programming on the Senior and Religious Channel: ISubscribers were asked about their interest in and viewership of three types of senior and religious channel programs. Twenty-three percent expressed interest in church service I cablecasts,while twenty-two percent watch services either"frequently"or"occasionally." Twenty-one percent were"very interested"or"somewhat interested"in church event telecasts, but eighteen percent watched church event telecasts at least"occasionally." Twelve percent were I at least"somewhat interested"in senior citizen programming, while nine percent watched senior citizen programs periodically. I Church service telecasts were of most interest to residents of the City of Stillwater, while it was lowest among residents of the City of Bayport. Interest in senior citizen programming was highest among members of households without personal computers and over forty-five year olds; I it was lowest among under forty-five year olds. Viewership of senior citizen programming followed the interest pattern. 1 The average gap between interest levels and viewership levels was only two percent. Little deviation from this norm was noted. 1 City Informational or Educational Programming:.In f 1 Among subscribers, a large seventy percent were"very interested"or"somewhat interested" in watching informational or educational programming about their city and its activities. Interest I levels were especially high among non-visitors of the King Videocable Office and members of households owning personal computers. Thirty percent were "uninterested,"particularly visitors of the cable office and members of households owning personal computers. Similarly, sixty-nine 1 percent regarded local programming as "very important"or"somewhat important,"while thirty percent rated its importance lower. There was no statistically significant deviation from this norm. IAmong non-subscribers,an impressive forty-four percent were"very interested" or"somewhat interested" in viewing local programs, such as City Council Meetings, while fifty-six percent I were "uninterested." Interest was lowest among members of households containing seniors and residents of the City of Bayport. The region as a whole,then,regarded local programming to be of some importance. I 1 I I Community Access Facility: ISixty-four percent of current cable television subscribers reported awareness of the community access facility and the services offered there; among non-subscribers, fifty-four percent reported Iawareness of the facility and services. Awareness was highest among subscribers who had not visited the King Videocable Office, as well as among non-subscribers who had taken cable television in the past. Only seven percent indicated household members who had been involved Iin public access training classes or public access program productions. Users were most often members of households owning personal computers and households containing children. i percPublic access service users were asked to evaluate it on four dimensions. Forty-eight ercent ent the quality of the public access facility as "excellent"or"good,"while twenty-seven I percent were more critical. Fifty-nine percent rated the quality of equipment for public access positively,while fourteen percent rated it negatively. Lower ratings were posted by City of Oak Park Heights residents. Thirty-eight percent rated the quality of training classes as "excellent"or I "good,"while thirteen percent felt it was"only fair"or"poor." Again, lower ratings were posted by City of Oak Park Heights residents. Finally, fifty-nine percent rated the helpfulness of staff at the public access facility positively, while ten percent rated it lower. Higher ratings were posted I by members of households without personal computers, while lower ratings were again posted by City of Oak Park Heights residents. The condition of the facility was the major reason for negative evaluations,cited most often by City of Stillwater residents. IOn a related issue, forty percent favored the Cable Commission operating the Community Access Facility. Seventeen percent opposed the switch in control, while forty-three percent were unsure. ISupport was highest among non-visitors of the King Videocable Office and under forty-five year olds. Uncertainty was concentrated among office visitors. I Technology Audit: IFifty-three percent of the cable television subscribers have a personal computer at home. Ownership was highest among households containing children, City of Stillwater residents, and I under forty-five year olds. It was lowest among over forty-five year olds. Sixty-five percent utilized it for Internet access,particularly City of Stillwater residents. Sixty-four percent used their computer for access to other on-line services such as e-mail. Forty-eight percent employed I it as a link to other computers with their modem. Fifty-two percent used the computer for business purposes, especially men. And, seventy-four percent utilized it for educational applications,particularly non-visitors of the King Videocable Office and households containing Ichildren. Forty-eight percent reported access to a computer at their workplace. Incidence was highest I among members of households owning personal computers,households containing children, and under forty-five year olds. It was lowest among members of households without personal computers. Forty-nine percent used that computer for Internet access, especially members of I I I households containing personal Sixty-two p r onal computers and residents of the City of Stillwater. Sixty two percent utilized it for access to other on-line services,particularly visitors of the King Videocable IOffice, members of households containing personal computers,residents of the City of Stillwater, and men. Eighty-one percent used the computer for internal operations,particularly men. Fifty-four percent employed it for connections with other locations around the state,nation, 1 or world,while twelve percent employed the computer for video conferencing. IInterest in New Advanced Cable Services: I Both subscribers and non-subscribers were asked about their interest in a number of advanced cable services at either home or at work. The chart below tabulates these results: ICable Service Subscribers Non-Subscribers At Home At Business At Home At Business IInternet Access Y,A,n.,*N.e.2, 10% 30% 12% Data Transmission 16% 9% 10% 6% IComputer-to-Computer Network 19% 13% 21% 14% Video Conferencing 10% 9% 8% 7% I Repeats of Programs on Demand 25% 7% -`< 3% >. Movies on Demand ,k ,: 4% , 2% IInteractive Video Games 22% 4% 18% 0% Local Telephone Service 21% 9% 19% 5% Among subscribers, interest in a number of advanced cable services was clearly established. g � Y I Thirty percent were interested in Internet access,particularly for use at home. Eighteen percent expressed some curiosity in data transmission, both at home and at work. Twenty-two percent would subscribe to computer to computer networking, both at home and at work. Fourteen I percent would use video conferencing services, both at home and at work. Twenty-six percent were interested in repeats on programs on demand service, especially for use at home. Thirty- two percent were keen about movies on demand,particularly for use at home. Twenty-three I percent were intrigued by interactive video games,particularly for use at home, while twenty-two percent would subscribe to local telephone service, both at home and at work. In almost every instance, members of households owning personal computers,under 45 year olds, and I households containing children were especially impacted by the technology's potential use at home. 1 A similar interest pattern was noted among non-subscribers. Thirty-two percent were interested in Internet access, particularly for use at home. Twelve percent expressed interest in data transmission,both at home and at work. Twenty-four percent would subscribe to computer to I III Icomputer networking, both at home and at work. Eleven percent would use video conferencing services, both at home and at work. Thirty-six percent were keen about repeats of programs on 1 demand service,especially for use at home. Forty-seven percent reported interest in movies on demand, particularly for use at home. Eighteen percent expressed interest in interactive video games, particularly for use at home, while nineteen percent would subscribe to local telephone Iservice, especially for use at home. Members of households containing children and under 45 year olds tended to express the highest levels of interest in each offering. Community Differences: IThe responses of residences in the three communities were separated and tallied. Although there was a tendency toward uniformity—which is not surprising in a compact geographical area— there were several statistically significant differences. The table below summarizes those variations: Topic Stillwater Bayport To P YP ort Oak Park Heights ISatisfaction with program choices on cable television 78% of>`z_z 72% Satisfaction with picture and sound quality 89% 80% 82% IVisitors of King Videocable Office 47% 58% 58% Viewership of Senior/Religion Ch annel 22 17% '} 13% _ IInterest in City Council Meeting telecasts 62% 65% 76% Viewership of City Council Meeting telecasts 52% 50% 68% IIInterest in school choral presentation telecasts 37% ,,,,. .,,-.,::..k..t f.. 33% Interest in church service telecasts 25% €< $ 21% IHousehold contains personal computer 56% 41% 46% 0 26%Interest in Internet access provided by cable company 33% 26/0 19% I Interest in computer-to-computer networking provided by 25% 16% 14% cable company I Interest in movies-on-demand provided by cable company y 36% 17% 26% Interest in local telephone services provided by cable 25% 11% 15% company Interest in repeats-on-demand provided by cable company I 31% I 13% 14% I Stillwater residents were more satisfied with current program choices and with picture and sound quality. They were least apt to visit the King Videocable Office. They expressed the greatest interest in church service telecasts. Residents of Stillwater were most apt to own a personal I I S computer and they expressed the highest levels of interest in new advanced cable services. Bayport residents were least satisfied with current program choices. On several local and community programming issues, Bayport residents evidenced the lowest viewership of Channel 22, the lowest interest in church service telecasts,the lowest interest in school choral presentation telecasts,and, with the exception of access to the Internet, low interest in future new advanced technology offerings by the cable company. City of Oak Park Heights residents tended to generally reflect area norms,except with respect to interest in Internet access. 1 Conclusions: tKing Videocable was generally well-regarded as a service provide. On most quality service dimensions,it exceeded Metropolitan Area norms. Charges were viewed as being somewhat high, and this feeling exceed the general suburban evaluations of current rate structures. In comparison with other suburban cable television systems, Channel 10 Public Access and Channel 12 Government Access posted solid viewership levels. Even so,there was evidence of support for additional coverage. Several types of programming evidenced a large gap between potential audience and actual audience, indicative of potentially well-received offerings: "Truth- in-Taxation Hearings,""local community news programs,"and"programs about local businesses." But, one deficiency was noted: current public access training facilities and classes were rated below the Metropolitan Area suburban norm. A majority of residents have a personal computer at home, and forty-eight percent have access to one at their place of work. Internet access, e-mail, and educational application were major home 1 uses. Similarly, internal operations, e-mail, and connections with other computers were major workplace uses. The highest levels of interest in new advanced cable services surrounded "movies on demand,""Internet access,"and"repeats on programs on demand." Lack of interest and service costs were the two major reasons f o r not subscribing to Kin g Videocable. Cost and lack of use were the two key reasons for previous subscribers to terminate their cable television service. A lower cost structure could attract back about one-third of the former subscribers. The highest levels of interest in new advanced cable services surrounded "movies on demand,""repeats on programs on demand,"and"Internet access." Overall,the residents of the Central Saint Croix Valley Cable Television Area were satisfied and felt well-served by King Videocable,particularly with respect to local programming and public access offerings. I I I I 'IT.--- _ , - ' - , ' '- ','• --?,..----'-:,:-,-. 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":;•.:,:.'"- .f..,',.›.--'..- ',, . , ' -* '7.4:;, -,;-'.:;'... . , ',1",;;-,.,..:.,:::',., :'.:,'-,::11',-',,'::::, '' , ,':. -:--' ' --4,...',a ,:'`.....• - ',.,.,7,.--,. ,„: `-',,,- ',. , ''. . ' ,;'';-4:1*,',,,,;•." '-:1 ,.;,.,:,..: ,, -..,„ , ,,,'. , , ,, - ''''..,,,:s!!!.;,','%`?-,77;,„,7.•;.'"...";';''..,,itt--.‘,;1 ,,,,,,,-..,----;:, 7--..,'.;.'-,:-,, 1;:s. ',:i.i'', .. '....... -: ' , , ,....„,...,',,,:,',..,:1_,•::-,-.:1,1,..:'-'.',*k „.i.`;',-!;"1,•;:1,if,4,„,;.-:,'..!--...... .,-,f,,,,,,,,..4,..,..,,,,,,,.-.,-..:,_,;:,,,,,,4,,,,.., _ ,. ..,,-..,-s.-..t--,-.t-,.,,N,,,,,,.At...,...,. , , .,. , . .• ..,.,. I DECISION RESOURCES, LTD. CENTRAL ST. CROIX VALLEY ' 3128 Dean Court CABLE COMMISSION Minneapolis, Minnesota 55416 FINAL VERSION aSUBSCRIBERS Hello, I'm of Decision Resources, Ltd. , a nation- wide opinion polling firm located in Minneapolis. We have been retained by the Central St . Croix Valley Cable Commission to speak with a random sample of residents about cable television, services and programs . This survey is being done because King 11 Videocable company wants to renew its franchise next year, and the Cable Commission needs to know the wants and needs of people in the cable franchise area. Only a summary of the entire sample will be reported. 1 . Does your household presently re- YES CONTINUE ceive cable television? NO THANK & TERMINATE 1 11 2 . How would you rate your cable EXCELLENT 24% television service -- excellent, GOOD 56% I II good, only fair or poor? ONLY FAIR 18% POOR 2% DON'T KNOW/REFUSED 1% 3 . Are there any channels not currently offered you would like to see made available by the Cable Company? UNSURE, 5%; NONE, 65%; NICKELODEON, 4%; SCI-FI, 3%; GOLF, 3%; SPORTS, 2%; NEWS, 2%; PREMIUM, 4%; CHILDREN/FAMILY, 3%; SCATTERED, 10% . For each of the following services areas, please rate the Cable Company as excellent, good, only fair or poor. If you don' t IIhave an opinion just say so. . . EXC GOO FAI POO DKR II4 . Number of channels available? 22% 60% 13% 2% 3% 5 . Program choices? 14% 61% 19% 3% 3% 6 . Picture and Sound quality? 26% 61% 9% 4% 1% 7 . Customer service? 21% 60% 8% 3% 9% 8 . Billing? 20% 68% 7% 3% 3% 9 . Rates? 4% 38% 38% 13% 8% 10 . Installation of service? 20% 67% 5% 2% 8% 11. Service repairs? 13% 51% 5% 2% 30% 12 . Restoring of service after an outage? 12% 55% 8% 3% 23% IF "ONLY FAIR" OR "POOR, " ASK: I 1 1 II 13 . Could you tell me why you rate that service as ? II UNSURE, 2%; RATES HIGH 36%; LITTLE IT LE CHOICE, 11%; RATES HIGH + SERVICE SLOW, 8%; RATES HIGH + LITTLE CHOICE, 23%; POOR/SLOW SERVICE, 6%; POOR QUALITY, 9%; RATES HIGH + POOR QUALITY, 9% . 14 . How often have you experienced in- VERY OFTEN 1% IIterruption of your cable tele- OFTEN 10% vision service because of tech- NOT TOO OFTEN 66% nical problems or outages -- very NOT AT ALL OFTEN 23% 11 often, often, not too often, or DON'T KNOW/REFUSED 2% II not at all often? Moving on. . . . 15 . In comparison with other services VERY HIGH 14% you buy, do you feel that the SOMEWHAT HIGH 41% IIcharges you pay for cable tele- AVERAGE 40% vision service are very high, SOMEWHAT LOW 2% somewhat high, average, somewhat VERY LOW 0% IIlow, or very low? DON'T KNOW/REFUSED 4% King Videocable has a local office where you can drop off or ex- II change equipment and make payments . II 16 . Have you ever used the local cable NO 50% office? (IF "YES, " ASK: ) Do you YES/YES 16% II use it on a regular basis? YES/NO 34% DON'T KNOW/REFUSED 0% II 17. How important is it to you to have VERY IMPORTANT 30% the local cable office -- very im- SOMEWHAT IMPORTANT34% portant, somewhat important, not NOT TOO IMPORTANT 20% II too important, or not at all im- NOT AT ALL IMPORTANT11% portant? DON'T KNOW/REFUSED 5% In our current franchise the cable company is required to provide II a community access facility where residents get free training and free use of video equipment to produce their own programs . This facility also makes it possible to bring local programming to our Iresidents . Many programs which deal with the people, places and organiza- tions of your area are shown on cable television. This is called IIlocal or community programming. The following is a list of the local community access channels. For each one, please tell me if you or other members of your household have watched that II channel during the past six months . YES NO DKR II 18 . Public access, Channel 10? 60% 38% 2% 19 . Government access, Channel 12? 56% 43% 2% 20 . Educational access, Channel 3? 41% 56% 3% II 2 II I YES NO DKR II21 . Senior/Religious access, Channel 22? 14% 82% 4% II For each of the following types of public access programming on Channel 10 , please tell me if you are very interested, somewhat interested, not too interested or not at all interested in that Itype of programming. VIN SMI NTI NAA DKR II 22 . Local community news programs? 17% 41% 20% 20% 2% 23 . City festivals and celebrations? 12% 35% 24% 28% 2% 24 . Programs produced by local resi- II dents? 7% 29% 28% 33% 3% 25 . Local talent? 5% 27% 30% 35% 3% 26 . Talk shows involving the commun- ity? 10% 34% 20% 33% 3% II 27 . Community information? 17% 49% 12% 21% 3% 28 . Programs about local businesses? 7% 36% 22% 32% 4% II I would like to re-read the list and please tell me if you watch these public access programs frequently, occassionally, rarely or never. IIFRE 0CC RAR NEV DKR 29 . Local community news programs? 11% 24% 27% 37% 2% 30 . City festivals and celebrations? 7% 25% 22% 43% 2% 11 31 . Programs produced by local resi- dents? 4% 20% 21% 50% 5% 32 . Local talent? 3% 17% 22% 54% 4% I 33 . Talk shows involving the commun- ity? 7% 25% 17% 49% 3% 34 . Community information? 14% 38% 14% 32% 3% ' 35 . Programs about local businesses? 5% 21% 19% 50% 5% For each of the following types of government access programming on Channel 12 please tell me if you are very interested, some- • II what interested, not too interested, or not at all interested in that type of programming. IIVIN SMI NTI NAA DKR 36 . City council meetings? 32% 33% 10% 24% 1% 37 . School Board meetings? 18% 31% 18% 33% 1% II 38 . County Board meetings? 13% 33% 21% 32% 1% 39 . Candidate' s forums at election time? 17% 29% 18% 35% 1% 11 40 . Truth in taxation hearings? 12% 29% 19% 37% 3% I would like to re-read the list and please tell me if you watch I these government access programs frequently, occassionally, rarely or never. 1 3 II II FRE OCC RAR NEV DKR II41 . City council meetings? 28% 27% 16% 28% 1% 42 . School Board meetings? 14% 22% 20% 43% 2% II 43 . County Board meetings? 12% 21% 20% 45% 3% 44 . Candidate' s forum at election time? 13% 19% 20% 45% 3% II45 . Truth in taxation hearings? 6% 18% 19% 55% 2% For each of the following types of educational access programming on Channel 3, please tell me if you are very interested, somewhat II interested, not too interested or not at all interested in that type of programming. IS VIN SMI NTI NAA DKR 46 . Elementary school events? 9% 22% 20% 48% 1% 47 . Secondary school events? 9% 23% 20% 47% 1% II 48 . School orchestra, band or choir productions? 10% 25% 19% 46% 1% 49 . High school athletic events? 17% 28% 14% 40% 2% II50 . Instructional programs? 11% 27% 16% 44% 3% I would like to re-read the list and please tell me if you watch II these educational access programs frequently, occassionally, rarely or never. FRE OCC RAR NEV DKR 11 51 . Elementary school events? 7% 14% 15% 62% 3% 52 . Secondary school events? 8% 17% 14% 60% 2% II 53 . School orchestra, band or choir productions? 6% 19% 17% 57% 2% 54 . High school athletic events? 15% 21% 12% 51% 2% II55 . Instruction programs? 6% 17% 17% 57% 4% For each of the following types of programming on the Senior and Religious Channel, please tell me if you are very interested, 1 somewhat interested, not too interested, or not at all interested in that type of programming. IIVIN SMI NTI NAA DKR 56 . Church services? 10% 13% 17% 59% 2% 57 . Church events? 6% 15% 17% 60% 2% II58 . Senior Citizen programming? 4% 8% 20% 66% 3% I would like to re-read the list and please tell me if you watch these Senior and Religious programs frequently, occassionally, rarely or never. II 1 4 11 1 FRE OCC RAR NEV DKR 1 59 . Church services? 8% 14% 6% 68% 4% 60 . Church events? 6% 12% 8% 71% 4% II61 . Senior citizen programming? 3% 6% 7% 82% 4% 62 . How interested are you in watching VERY INTERESTED 19% informational or educational pro- SOMEWHAT INTERESTED51% 1 gramming concerning your city and NOT TOO INTERESTED21% its activities-- very interested, NOT AT ALL INTERESTED. . 9% somewhat interested, not too in- DON'T KNOW/REFUSED 1% 1 terested, or not at all interested? 63 . Are there any types of local programming not currently II offered that you would be interested in watching? (IF "YES, " ASK: ) What would that be? UNSURE, 9%; NONE, 77%; LOCAL HIGH SCHOOL SPORTS, 3%; EVENTS, II3%; GOVERNMENT, 5%; LOCAL SCHOOLS, 2%; SCATTERED, 3%. 64 . How important is local programming VERY IMPORTANT 20% II to you -- very important, some- SOMEWHAT IMPORTANT49% what important, not too important, NOT TOO IMPORTANT 25% or not at all important? NOT AT ALL IMPORTANT. . .5% IIDON'T KNOW/REFUSED 1% Currently, the cable company operates the community access fac- ility. The Cable Commission is considering operating the access 1 facility to better meet the needs of the community. 65 . Prior to this survey, were you YES 64% II aware of the community access NO 34% facility and the services offered DON'T KNOW/REFUSED 2% there? II66 . Have you or any members of your YES 7% household been involved in a pub- NO 90% lic access training class or the DON'T KNOW/REFUSED 3% 1 production of a public access program? 1 IF "YES, " ASK: For each of the following public access service aspects, please rate each of them either excellent, good, only fair, 1 or poor. If you have no opinion, just say so. . . . EXC GOO FAI POO DKR 1 67 . Quality of the Public Access faclity? 7% 41% 24% 3% 24% 1 68 . Quality of equipment for public access? 14% 45% 14% 0% 28% 1 5 11 I EXC GO0 FAI POO DKR II69 . Quality of the training classes? 14% 24% 10% 3% 48% 70 . Helpfulness of staff at the pub- IIlic access facility? 28% 31% 7% 3% 31% IF "ONLY FAIR" OR "POOR" IN #67-70, ASK: II71 . Could you tell me why you rated that aspect as IIUNSURE, 13%; POOR FACILITY, 75%; STAFF, 13% . 72 . Would you favor or oppose your FAVOR 40% II local Cable Commission operating OPPOSE 17% the Community Access facility? DON'T KNOW/REFUSED43% Moving on 11 73 . Do you have a personal computer YES 53% at home? NO 47% 11 DON'T KNOW/REFUSED 0% IF "YES, " ASK: IIFor each of the following, please tell me if you use your personal computer for that item. II YES NO DKR 74 . Internet access? 65% 33% 1% II 75 . Access to other on-line services, such as E-Mail? 64% 34% 2% 76 . Link to other computers with II modem? 48% 46% 5% 77 . Business? 52% 45% 3% 78 . Educational applications? 74% 23% 3% II 79 . Do you have access to a computer YES 48% at your workplace? NO 42% DON'T KNOW/REFUSED 2% II " NOT APPLICABLE 8% " IF "YES, " ASK: II For each of the following, please tell me if you use your computer at work for that item. IIYES NO DKR 80 . Internet access? 49% 51% 0% II 81 . Access to other on-line services, such as E-Mail? 62% 38% 0% II 6 II II YES NO DKR II82 . Internal operations? 81% 18% 1% 83 . Connections with other I locations around the state, nation, or world? 54% 45% 1% 84 . Videoconferencing? 12% 85% 3% II The cable company is considering offering some new advanced cable services . If the service were available, please tell me for each one, if you would subscribe for that service for your home, busi- II ness, or both. If you are not interested in the service, just say so IIHOM BUS BOT NOT DKR 85 . Internet access? 20% 2% 8% 60% 10% 86 . Data Transmission? 9% 2% 7% 69% 13% II 87 . Computer to Computer networking? 9% 3% 10% 68% 11% 88 . Video conferencing? 5% 4% 5% 75% 12% 89 . Repeats on programs on Demand? 19% 1% 6% 60% 14% II 90 . Movies on Demand? 28% 0% 4% 57% 12% 91. Interactive video games? 19% 1% 3% 67% 11% 92 . Local telephone service? 13% 1% 8% 63% 16% 11 93 . Do you work in Stillwater, Bayport NO 59% or Oak Park Heights? (IF YES, ASK) YES/STILLWATER 27% Which city do you work in? YES/BAYPORT 7% II YES/OAK PARK HEIGHTS6% REFUSED 2% II Now, I would like to ask you a few more background questions for demographic purposes II For each age group, please tell me how many reside in your household. 94 . Adults, over the age of 65? 0, 79%; 1, 10%; 11 2, 12% 95 . Adults, between the ages of 45 and 65? 0, 53%; 1, 18%; I2+, 29% 96 . Adults, between the ages of 18 and 44? 0, 37%; 1, 23%; 2, 35%; 3+, 6% II97. Children, between the ages of 12 and 18? 0, 77%; 1, 15%; 2+, 8% II98 . Children, under the age of 12? 0, 77%; 1, 12%; 2, 9%; 3+, 3% II99 . Do you own or rent your current OWN 89% residence? RENT 11% I 7 I 100 . What is your age, please? 18-24 7% (READ CATEGORIES, IF NEEDED) 25-34 13% 35-44 26% 45-54 20% 11 55-64 13% 65 AND OVER 21% Thank you for your time. Good-bye. 101 . Area STILLWATER 71% BAYPORT 12% OAK PARK HEIGHTS 18% 102 . Gender (DO NOT ASK) MALE 49% ' FEMALE 51% 1 I i 1 I I 11 I I i 1 IIDECISION RESOURCES, LTD. CENTRAL ST. CROIX VALLEY 3128 Dean Court CABLE COMMISSION IIMinneapolis, Minnesota 55416 FINAL VERSION NON-SUBSCRIBERS I/ Hello, I'm of Decision Resources, Ltd. , a nation- wide opinion polling firm located in Minneapolis . We have been II retained by the Central St . Croix Valley Cable Commission to speak with a random sample of residents about cable television, services and programs. This survey is being done because King Videocable company wants to renew its franchise next year, and II the Cable Commission needs to know the wants and needs of people in the cable franchise area. Only a summary of the entire sample will be reported. 1 1 . Does your household presently re- YES THANK & TERMINATE ceive cable television? NO CONTINUE II 2 . Do you own a satellite dish? YES 7% NO 93% II 3 . Is cable service available in your YES 94% neighborhood? NO 4% DON'T KNOW/REFUSED 2% IIF "NO, " ASK: 4 . If cable service were avail- YES 30% 11 able, would you subscribe? NO 40% DON'T KNOW/REFUSED30% IIGO TO QUESTION #9 : 5 . Have you ever subscribed to the YES 44% 11 cable television system serving NO 56% Stillwater, Oak Park Heights and DON'T KNOW/REFUSED 0% Bayport? IIIF "NO, " ASK: 6 . Could you tell me one or two reasons why you have not II subscribed? UNSURE, 5%; COST, 21%; NO TIME, 10%; NO INTEREST, 46%; WOULD WATCH TOO MUCH, 13%; DON'T WANT CHILDREN TO 11 WATCH, 4%. IF "YES, " ASK: 1 7. Why did you stop subscribing to cable television? II UNSURE, 3%; SATELLITE DISH, 6%; MOVED, 8%; PROBLEMS WITH CABLE COMPANY, 6%; COST, 39%; DID NOT WATCH ENOUGH, 28%; POOR SELECTION, 11% . 1 1 II 1 8 . What changes, if any, would it take to make you con- , cider subscribing to cable television again? UNSURE, 7%; NOTHING, 42%; BETTER PROGRAMMING, 5%; LOWER II COST, 34%; FREE CABLE SERVICE, 6%; FREE INSTALLATION, 3%; SCATTERED, 3% . 1 Your community has a community access facility which provides local programming, as well as the opportunity to learn how to use studio equipment and make your own program, free of charge. I 9 . Prior to this survey, were you YES 54% aware of the community access NO 44% facility and the services offered DON'T KNOW/REFUSED 2% ' there? 10 . How interested are you in viewing VERY INTERESTED 10% local programming, such as City SOMEWHAT INTERESTED34% Council meetings and local pro- NOT TOO INTERESTED30% gramming -- very interested, NOT AT ALL INTERESTED26% somewhat interested, not too in- DON'T KNOW/REFUSED 0% IIterested, or not at all interested? The cable company is considering offering some new advanced cable 11 services . If the service available, please tell me for each one, if you would subscribe for that service for your home, business, or both. If you are not interested in the service, just say ISO HOM BUS BOT NOT DKR I 11 . Internet access? 20% 2% 10% 67% 2% 12 . Data Transmission? 6% 2% 4% 79% 9% 13 . Computer to Computer networking? 10% 3% 11% 74% 2% II 14 . Video conferencing? 4% 3% 4% 87% 2% 15 . Repeats on programs on Demand? 31% 0% 3% 63% 3% 16 . Movies on Demand? 45% 0% 2% 51% 2% 17 . Interactive video games? 18% 0% 0% 79% 2% I/ 18 . Local telephone service? 14% 0% 5% 68% 12% 19 . Do you work in Stillwater, Bayport NO 64% 1 or Oak Park Heights? (IF YES, ASK) YES/STILLWATER 28% Which city do you work in? YES/BAYPORT 4% YES/OAK PARK HEIGHTS4% II 20 . At this time, are you considering YES 10% subscribing or resubscribing to NO 88% cable television? DON'T KNOW/REFUSED 2% IINow, I would like to ask you a few more background questions for demographic purposes 1 For each age group, please tell me how many reside in your household. 1 2 II I 21. Adults, over the age of 65? 0, 82%; 1, 15%; 2, 8% 22 . Adults, between the ages of 45 and 65? 0, 63%; 1, 18%; 2, 19% 23 . Adults, between the ages of 18 and 44? 0, 39%; 1, 16%: 2, 41%; 3+, 4% 24 . Children, between the ages of 12 and 18? 0, 85%; 1, 10%; 2+, 5% 25 . Children, under the age of 12? • 0, 72%; 1, 10%; 2, 14%; 3+, 4% ' 26 . Do you own or rent your current OWN 74% residence? RENT 26% 27 . What is your age, please? 18-24 5% (READ CATEGORIES, IF NEEDED) 25-34 23% 35-44 26% 11 45-54 20% 55-64 6% 65 AND OVER 19% 1 Thank you for your time. Good-bye. 28 . Area STILLWATER 68% BAYPORT 14% OAK PARK HEIGHTS 17% 11 29 . Gender (DO NOT ASK) MALE 43% FEMALE 57% I I 3 I $ 13@ROWE CENTRAL ST. CROIX VALLEY JUL 2 9 ,999 JOINT CABLE COMMUNICATIONS COM - • ► MEETING NOTICE Wednesday, August 5 - 9:00 a.m. Oak Park Heights City Hall The Cable Commission's funding committee will be meeting with our 3 City Administrators to get some input and advice regarding such things as budget and salaries for the access center and hiring practices. t • 7 , CENTRAL ST. CROIX VALLEY s JOINT CABLE COMMUNICATIONS C, : MISSION JUL 2 2 MEETING MINUTES I J Wednesday, July 15, 199 CALL TO ORDER The meeting was called to order by Chairman Jerry Turnquist (Oak Park Heights) at 7:30 p.m. at Oak Park Heights City Hall. ROLL CALL Present: Ann Bodlovick (Stillwater), Gale Bush (Oak Park Heights), Gary Talbot (Stillwater), Sharon Ridgway (Bayport). Absent: Patrick Chapman (Bayport). Also: Steve Hanson, Karen Wandmacher, Gail Munkelwitz, Dave Magnuson, Don Fixmer and Kathy Cinnamon. APPROVAL OF AGENDA One item was added to the agenda: under Cable Commission business, add letter f. Update on Cable Company Proposal. MOTION by Ann Bodlovick to approve the agenda with the addition, seconded by Sharon Ridgway. MOTION CARRIED. APPROVAL OF MINUTES MOTION by Ann Bodlovick to approve the minutes of June 24, 1998, seconded by Sharon Ridgway. MOTION CARRIED. OLD BUSINESS 1. Joint Powers Update - The City of Bayport discussed Oak Park's letter concerning changes to the Joint Powers Agreement and sent the Commission a letter. They agree with some items but not all of them. The City of Stillwater will discuss the proposed changes at their upcoming Council meeting of July 21st. Oak Park Heights wants a meeting of the 3 City Administrators to discuss the proposed changes. We will have another update next month. 2. Lease Update - the Commission's office lease was reviewed by Dave Magnuson and Kathy. Changes were then discussed with the landlord. There are some concerns about a "waiver of subrogation" clause in the lease and our insurance agent and the League of Minnesota Cities are reviewing it. The landlord will send the Commission a letter confirming our agreement that we will continue on with our current lease and rate for the next 2 months until the cable company's leases renew. The cable company hasn't worked out the details of their leases with the landlord yet, but they anticipate renewing for a year when their leases expire. The Commission will renew at the same time with the same dates. 3. Access Center Reports - The Commission is now receiving program schedules from the Access Center, which gives a better idea of what programs are being shown • • 7/15/98 Commission Meeting - Page 2 and how often. No further comments on the issue. 4. Editing Equipment Update - Karen reported that the editing equipment in the control room is now w o up and running but that the source deck isn't back; one was taken from the toaster to put in the control room and therefore now the toaster is not available for use. Steve indicated that the source deck has been at Alpha Video for repair and that it would cost $5,000 to replace the deck. Ann stated that if the deck can't be repaired that we should replace it. Steve will check the status of the source deck and report to the Commission tomorrow. Karen suggested the possibility of buying a used deck. 5. Channel 12 Modulator - Don said that he got a replacement modulator to use while his is being repaired. NEW BUSINESS 1. Media One Company Report - was received at the meeting. The cable company is now officially Media One. Steve brought the signed franchise extension document . 2. Access Center Report - was received. The Commission would like to continue receiving the program schedules that Roy has been providing. 3. Corporation Report - Gail Munkelwitz reported the programming that they have been working on: 4th of July Festival Mass of Freedom, Afton 4th of July parade (they also had a float and camera in the parade). Karen and Don Fixmer will be doing some programming with the United Way, Marguerite Rheinberger is working on some Stillwater historical programs, Bob Utecht is working on a weekly news program, and Valley Access Channels will be doing a live cablecast of the Lumberjack Days Parade, to be hosted by Bob Utecht, Marguerite Rheinberger and Gwen Marty. Karen reported that Valley Access Channels will have an intern from Century College working with them; he will be working with Bob Utecht on his news program. Karen said that the intern will have to be covered under Workmen's Compensation and in order to do that he has to be on their payroll; he will receive some pay. Terms of his internship are still being worked out. Karen expressed her concerns that she has a lot of community programming but doesn't feel it is getting played enough. MOTION by Gary Talbot for the Commission to grant $250 to Valley Access Channels to cover expenses for the coverage of the Lumberjack Days Parade, seconded by Ann Bodlovick. MOTION CARRIED. Gary suggested that Joe Goulet could make a grant request from Valley Access Channels to help cover his expenses in his coverage of I _ • • 7/15/98 Commission Meeting - Page 3 the parade. He further suggested that if Joe's costs exceed the grant (Valley Access Channels grants are $25) that it be brought to the attention of the Commission. Update on Cable Company Renewal Proposal - Kathy was asked for her update on this issue. She spoke with Jim Commers, who said that when there was discussion about the franchise extension, that Bob Vose and John o Gibbs (cable company attorney) had also discussed extending the timeline for the proposal. The Commission wasn't informed of this - Kathy will call Bob and find out. Jim said that the proposal is being worked on and that we should have it by the end of the month. 4. Cable Commission Business a. Review of changes of premium services - this wasn't a rate change issue, just a change in the premium program packages. This is due to the consolidation of cable companies and makes it so that everyone is offering the same packages. Steve reported that these new packages are for new subscribers to these services; that the customers currently getting premium programming will continue with what they have. b. Workshop Report - There was a workshop on July 9th to discuss funding issues for the new franchise. Jerry reported that it was discussed that we should negotiate for "state of the art" equipment replacement instead of dollar amounts. It was suggested and decided that we have a meeting with the 3 City Administrators and get their input/suggestions regarding job descriptions, hiring, etc. and also their input on what % of the franchise should go to public access. It was reported that the Cities of Bayport and Oak Park Heights have said it is OK for the Commission to continue keeping the franchise fees from their Cities at this time. Ann and Gary want to discuss the franchise fees with the City of Stillwater. c. Set worksho p date - No date has been set to meet with the Administrators. d. Secretary Review - Gail and Ann met with Kathy and made the following recommendations to the Commission: Increase Kathy's paid vacation from 20 hours to 40 hours (this is an increase from 1 week paid vacation to 2 weeks) and a 50 cent per hour increase of wages. MOTION by Ann Bodlovick to increase Kathy's paid vacation to 40 hours and increase her hourly wage by 50 cents, retroactive to May 1st. Seconded by Gary Talbot. MOTION CARRIED. e. I-N t Problems roblems - Karen reported problems with signal quality for live programming on the Channels and Don was told by a technician that the I-Net needed to be "swept". It is thought that the problem might be between the Access Center and the headend. Steve will speak with Marty Welch and report back to the Commission. Karen wanted to discuss the issue of nursing homes who do not receive cable service. Steve said that the cable company has to work with nursing home administrators on $ • 7/15/98 Commission Meeting - Page 4 this and that they have to wire an entire building, not just a few rooms. He stated that sometimes a nursing home will buy cable service for a common area for their residents. Art Edhlund requested that the Commission keep the churches in mind when we renew the franchise, concerning live coverage of church services. He was told that we have indicated to the cable company a need for the churches to be able to be on the I- Net if they wish to, but that it probably would not be without cost. CONSENT AGENDA MOTION by Ann Bodlovick to approve Resolution 98-7-15 for payment of bills/funds transfers, seconded by Sharon Ridgway. MOTION CARRIED. OTHER BUSINESS The Commission received a flyer on the upcoming MACTA Conference and there will probably be some people going. Will decide after more information comes out. Kathy suggested that we might want to consider joining MACTA becauses the rates for these conferences is considerably lower if you're a member. AFFIRM NEXT MEETING DATE The next monthly meeting of the Commission will be Wednesday, August 19th at 7:30 p.m. at Stillwater City Hall, if available. A franchise renewal workshop was tentatively scheduled prior to the meeting at 6:30 p.m. - will see if there are some issues to work on when it's closer to the time. ADJOURNMENT MOTION to adjourn by Gary Talbot, seconded by Ann Bodlovick. MOTION CARRIED. Meeting was adjourned at 8:32 p.m. Submitted by Kathy Cinnamon Administrative Secretary • • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSI e rr\ © OW ANNUAL MEETING MINUTES t)) 1' February 18, 1998 1 FEB 2 6 1998 CALL TO ORDER The Annual meeting was called to order at 7:02 p.m. by Chairman Ann Bodlovick (Stillwater). The meeting took place at Oak Park Heights City Hall, 14168 N. 57th St. ROLL CALL Present: Gale Bush (Oak Park Hts.), Gary Talbot (Stillwater), Sharon Ridgway (Bayport), Jerry Turnquist (Oak Park Hts.) Also: Dave Magnuson, Steve Hanson, Don Fixmer and Kathy Cinnamon AGENDA APPROVAL MOTION by Ann Bodlovick to approve the agenda, seconded by Gary Talbot. MOTION CARRIED. ELECTION OF OFFICERS 1. Chairman Gary Talbot nominated Jerry Turnquist for Chairman, seconded by Sharon Ridgway. A vote was taken; ALL IN FAVOR. 2. Vice Chairman- Gary Talbot nominated Ann Bodlovick for Vice Chairman, seconded by Gale Bush. A vote was taken;ALL IN FAVOR. 3. Secretary/Treasurer - Gary Talbot nominated Sharon Ridgway for Secretary/Treasurer, seconded by Ann Bodlovick. A vote was taken; ALL IN FAVOR. ANNUAL DESIGNATIONS 1. Official Newspaper - MOTION by Ann Bodlovick to keep the Courier as our official newspaper for legal publications, seconded by Gary Talbot. MOTION CARRIED. 2. Official Depositories - MOTION by Ann Bodlovick to keep Central Bank as official depository, seconded by Sharon Ridgway. MOTION CARRIED. a. Designated Signers - MOTION by Ann Bodlovick to have designated signers be the 3 officers and Kathy Cinnamon, seconded by Sharon Ridgway. MOTION CARRIED. ANNUAL TASK SCHEDULE Franchise renewal is our priority for the year. Some additional Needs Assessment items were presented for Commission approval to include with the previously approved items. MOTION by Gary Talbot to approve the additional items, seconded by Ann Bodlovick. MOTION CARRIED. ADJOURNMENT MOTION by Ann Bodlovick to adjourn, seconded by Sharon Ridgway. MOTION CARRIED. The Annual meeting was adjourned at 7:11 p.m. • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION MEETING MINUTES February 18, 1998 CALL TO ORDER The meeting was called to order by Chairman Jerry Turnquist (Oak Park Hts.) at 7:36 p.m. The meeting was held at Oak Park Heights City Hall, 14168 N. 57th Street. ROLL CALL Present: Gary Talbot (Stillwater), Gale Bush (Oak Park Hts.), Sharon Ridgway (Bayport), Ann Bodlovick (Stillwater) Also: Dave Magnuson, Steve Hanson, Karen Wandmacher, Don Fixmer and Kathy Cinnamon. APPROVAL OF AGENDA Jerry deleted 2 items from the agenda: Under New Business, King Videocable Company, delete letter e. Access Expenditure Reports (more information and discussion needed) and under Commission Business delete letter b. Complaint Procedures (discuss when Patrick returns). MOTION by Sharon Ridgway to approve the agenda with the above mentioned deletions, seconded by Gary Talbot. MOTION CARRIED. APPROVAL OF MINUTES MOTION by Ann Bodlovick to approve the minutes of 1/21/98, seconded by Gary Talbot. MOTION CARRIED. OLD BUSINESS 1. King Video - Legal opinions re: programming issues: Steve Hanson indicated that he has spoken with his legal/public access people regarding programming on Channel 3 and rather than try to define what is educational and what isn't, they came to the conclusion that programming on Channel 3 should be limited to programming from schools or about schools and school events; other public access programming is to run on Channel 10. Access Center staff has been informed of this. Steve will write a new policy about this and forward it to the Commission by the next meeting The question was raised about Channel 22 and the fact that this is a channel dedicated to religious/senior programming. Steve will check to see if there have been any problems with programming on Channel 22. 2. King Video - Company approval of equipment to be purchased for the Access Center from escrow: Jim signed off on the list and signatures were also obtained from Jerry Turnquist and Dave Magnuson. No information was available on character ner or ge at bids. 3. King Video - Info about increase of franchise fees charged: Steve Hanson explained that the customer has been paying a 5% franchise fee, which is included in the gross revenues, and that the company has to pay us 5% of the gross • • 2/18198 Commission Meeting - Page 2 revenues as their franchise fees to us, so the increase to 5.25% is a pass through fee to the customers and allows the company to recoup what they are losing by paying "5% on top of 5%" on franchise fees to the Commission. NEW BUSINESS 1. King Videocable Company Report - was received. a. Program Complaints - Joe Goulet - house burning segment: Commission member Gary Talbot had received calls from both Mr. Buckley of the Stillwater Fire Department and a resident, Mrs. Stormont regarding a Joe Goulet program in which video footage was done of a training burn conducted by the fire department. The Fire Department's complaint was that the video was not within the scope of what was discussed; that the fire department wasn't happy that the footage was intermixed with segments from the Mall of America. Joe had done a video of a burn in the past and the fire department thought they would be getting the same type of video. The complaint from Mrs. Stormont, owner of the home that was burnt, was that she didn't want the footage to appear on cable television; that she didn't give permission for the public airing of the burning, and that she wanted the program to be taken off the air. She made a number of phone calls requesting it be taken off and it was not taken off. Steve Hanson called the fire department to get more information and spoke with Bob Barthoi, acting Chief of the fire department. Mr. Barthol came to the meeting to address these issues. Mr. Barthol indicated that the fire department knew the footage would appear on cable; that it was not intended to be an in-house training film but that the filming of the training burn was meant to be of interest and education to the public. They felt that the way the program was put together was in poor taste; that it was taken out of context and not shown in its entirety and the fire department wanted the program to either be taken off the air or for Mr. Goulet to edit out the parts that were mixed in. Mrs. Stormont had also called the fire department because she was upset at seeing the burning of her home on television. Mr. Barthol indicated that sometimes people choose not to watch a burn because it is upsetting to them. He also stated that when a demolition permit is signed that the property belongs to the fire department during the burning, then is returned to the owner. Both the fire department and Mrs. Stormont spoke with Joe about their dissatisfaction with the program and their wanting the program taken off the air and neither Joe nor the Access Center staff would remove the program. Steve Hanson stated that the Cable Company operates under Miller rules and state statutes and that the company has some leeway to regulate programming issues where obscenity is concerned but really no leeway if the material isn't obscene. He stated that the program is through running and will not be on anymore. Dave Magnuson stated that the Commission has no control where this issue is concerned and that the Commission is immune from liability. Gary Talbot asked that the Cable Company review their policy regarding the continued • :• 2/18/98 Commission Meeting - Page 3 airing of a program when there is an issue such as someone not having permission to air a program. He also asked for the Company's policy regarding the assessment of a program. Gary also advised Mr. Hanson that the company should be concerned about possible copyright infringements by producers. Mr. Hanson replied that the producers assume responsibility for getting the appropriate release for copyrighted materials. Mike Knutson gave Mr. Barthol a business card and said that Valley Access Channels would be willing to come and tape a program for the fire department. As for complaints regarding text inserted over the Howard Stern portion of the video, the company still feels that they can't regulate that because it is not obscene. People have felt that the message was intimidating and Commission members wondered if any laws were broken in doing this. Dave Magnuson felt that it was more a case of a ay g g producer being rude. b. Request for Complaint log - was received. c. Complaints - Access Center Closed: Steve Hanson explained that the center was closed on 2/11 because Roy was attending a company meeting; John was on vacation. He stated that it's not always possible to have someone there all the time when someone is ill or on vacation. He stated that in the future maybe Roy should put a character generated message on Channel 10 if the Access Center will be closed. As for the center being closed on 2/6, Steve will speak with John. The secretary in the King office has had to open the Access Center to let people get their tapes when the staff is not there and the company does not want this to be occurring; however, they are considering having the secretary be able to combine with the Access Center and take care of some chores there. It was suggested that the employees have a certain posted time for lunch as the secretary does, so people will know when not to come. The hours of 9-9 are in the Operating Rules, not in the franchise. The Operating Rules were done jointly between King Videocable and Valley Access Channels. Gary stated that a letter should be sent to the company regarding the numerous closings of the Access Center, some legitimate and some questionable, and that a remedy of the situation is requested. Chairman Turnquist questioned how many violations before we are entitled to get bids from other cable companies for renewal? Public Information Request - Commissioner Talbot had requested that the cable company forward the address of Joe Goulet to the Commission, as Mrs. Stormont requested to be able to send a letter to Mr. Goulet. The cable company has concern about the release of this information and requested that letters to producers be sent to the Access Center, who in turn would give it to the producers. Mr. Hanson was told of the last time we dealt with privacy issues concerning public information, when Kent Leacock was still here. It was agreed upon at that time that the name and address of the producer is public information but the telephone number is not, and only certain • • . 2/18/98 Commission Meeting - Page 4 individuals had access to the phone number. Mr. Hanson wasn't aware of this agreement and says he'll abide by it. Dave Magnuson will forward a copy of this agreement to Mr. Hanson. d. Internet Access information - Steve Hanson stated that the Access Center does not have Internet access and that the computer is being used by John & Roy only. He states that there are future plans to be able to do E-mail. Mike Knutson told the Commission that the first commitment that the company has is to honor the terms of the franchise, which states that the Access Center must be staffed 100 hours a week. Dave Magnuson states that the franchise says the center must be readily available; that it doesn't say that the center must be continuously open from 9- 9. 2. Access Center Report - was received. 3. Corporation Report - The board has approved a mini-grant application and policy and will forward copies for the Commission's review. They have requested that copies also be available at the Commission office. 4. Cable Commission Business a. Grant for Fire Department - Gary Talbot has proposed that the Commission consider a grant for the fire department so they can have a training video done. Sharon Ridgway questioned whether this would fall under the Corporation's mini-grant program. It was also felt that if we gave this opportunity to Stillwater Fire Department that we would need to do the same for Bayport. Mr. Barthol acknowledged that they sometimes do things jointly. Gary asked Mr. Barthol to assess what the fire department(s) would like to do concerning a public education/public safety video and the estimated costs and bring it to the Commission for consideration. c. Extra Hours for Secretary Kathy has had to put in extra hours due to working on Needs Assessment and has requested to be paid for extended hours. MOTION by Ann Bodlovick to suspend the hours limitation for her job and pay Kathy for all hours she works for the next 6 months, seconded by Gary Talbot. MOTION CARRIED. CONSENT AGENDA MOTION by Gary Talbot to approve Resolution 98-2-18 for approval of payment of bills and funds transfers; seconded by Sharon Ridgway. MOTION CARRIED. AFFIRM NEXT MEETING DATE The next monthly meeting of the Commission will be Wednesday, March 18th at 7:30 p.m. at Bayport City Hall, if available. ADJOURNMENT MOTION by Gary Talbot to adjourn the meeting, seconded by Sharon Ridgway. MOTION CARRIED, meeting adjourned at 9:12 p.m. Submitted by Kathy C innam o n, Administrative Secretary N 1 • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSIO MCCEDWE MEETING MINUTES 41 II January 21, 1998 JAN 3 0 1998 101 CALL TO ORDER The regular monthly meeting was called to order by Chairman Ann Bodlovick (Stillwater) at 7:35 p.m. at Stillwater City Hall. ROLL CALL Present: Jerry Turnquist (Oak Park Heights), Gary Talbot (Stillwater), Doug Bergmann (Oak Park Heights), Sharon Ridgway (Bayport) and Patrick Chapman (Bayport). Patrick was introduced as our newly appointed Citizen representative from Bayport. Also: Karen Wandmacher, Dave Magnuson, Gale Bush, Don Fixmer and Kathy Cinnamon. Steve Hanson arrived about 10 minutes after the meeting started. APPROVAL OF AGENDA MOTION by Gary Talbot to approve the agenda, seconded by Jerry Turnquist. MOTION CARRIED. APPROVAL OF MINUTES MOTION by Jerry Turnquist to approve the meeting minutes of 11/19/97, seconded by Gary Talbot. MOTION CARRIED. PUBLIC COMMENT - None OLD BUSINESS Items on the agenda were taken out of order, due to Steve Hanson's arrival after the meeting began. MOTION by Gary Talbot to delay the Cable Company issues until the arrival of Steve Hanson, seconded by Doug Bergmann. MOTION CARRIED. FCC Update - Mr. Magnuson stated in a memo to the Commission that he had received a response from King Video, along with the Form 1210, which showed that the rate increase was 10 cents below the maximum permitted rate; therefore the Company appears to be in compliance with FCC rules and Dave recommended no further action be taken. He did say, however, that there appears to be no penalty in continuing the complaint process. The Commission had discussion about the fact that not only was there a substantial rate increase but that there had been manipulation of Channels as well; the moving of the Disney channel from the premium tier to the basic tier; the removal of the Travel channel and the adding of Fox News and Animal Planet. Gary also questioned the rate increase and it being inappropriate to do that when the company had just been sold. It was felt that we should let the FCC know that we aren't happy with any of these changes. MOTION by Doug Bergmann to have Dave Magnuson continue the complaint process and send a letter of complaint to the FCC r y • 110 41- 1/21/98 Commission Meeting - Page 2 regarding the issues mentioned, seconded by Gary Talbot. MOTION CARRIED. Cable',Company - 11/14 complaint - Steve Hanson acknowledged that the Access Center was in fact closed from 10:30 to 1:30 p.m., as the staff was helping install video equipment at the High School. He admitted that the situation should have been handled differently, in that only one of the guys should have gone, and he said that the employees were spoken to about this. Steve stated that it is somewhat of a problem having the Access Center open so many hours, considering the amount of usage and the number of people on staff (2 full time and a part time) and asked the Commission to consider reducing the number of hours. Dave Magnuson stated that the franchise says that the studio and equipment must be readily available for public use but that the hours of operation are not in the franchise - hours of operation was decided upon between the Company and the Corporation. Jack Doerr reminded the Commission that the Access Center staff had agreed to having staggered hours so that there would always be someone there, but that it had lasted only a week before going back to the old way. Dave gave the Commission a memo regarding penalties for a violation of the franchise - we had to give the Company a 10 day written notice about the violation and the penalty which would be assessed if the violation didn't cease. His opinion was that the Commission didn't give this 10 day notice, that the violation had been quickly cured, and therefore we would not be entitled to assess a penalty. Mike Knutson asked to revisit his complaint of 11/17/97 about refusal of public information. He had requested information on equipment checkouts and John Lindell didn't give it to him, was argumentative about it, and told Mike that he'd have to ask Roy for that information the next day. Steve Hanson didn't feel that it was unreasonable for John to ask Mike to get the information the next day. Dave Magnuson indicated that requests for information doesn't mean that the information must be given on the spot. There was some discussion about whether Roy is the only one who can take care of information requests or whether it can be handled by whatever staff person is on duty. It was felt that whoever is on duty should be able to handle public access to records. Cable Company - Policy on number of times a program can be shown: There was much discussion about the fact that some shows seem to be played over and over. The operating rules states that a show can be shown up to 4 times a week. Jerry Turnquist indicated to Steve Hanson that he was going to start keeping track of how many times programs are being shown (objectionable programs in particular). OLD & NEW BUSINESS Complaint of Mrs. Anderson/ Inappropriate channel for programs: There have been complaints about Joe Goulet's program appearing on Educational Access Channel 3; a complaint from Ethel Anderson was received recently concerning this 1/21/98 Commission Meeting - Page 3 there was a segment of Howard Stern on the show which she objected to, mainly because it was shown on Channel 3. Steve Hanson says that the Cable Company's hands are tied concerning a number of public access issues. FCC rules and guidelines severely restrict King's ability to regulate issues concerning programming and producers. Censoring of programs which producers submit (1st Amendment issue) is not allowed and the producers also get to choose what channel their show goes on and how many times they would like it to be shown. When asked why then were there specific channels set up for Public Access, Education & Government and we can't control what goes on those channels, Steve replied that rules for the PEG channels have changed over the 15 year franchise period. He stated that Commissions used to have more control over such things as programming and rates. NEW BUSINESS Complaint from Mrs. Anderson - Continued - Mrs. Anderson's complaint was received and discussed not only because of the inappropriate channel, but also because of further concerns since she made her complaint. A small portion of a video was shown - it was the show Mrs. Anderson had complained about, but had been edited after the complaint had been received and some messages had been inserted which were felt to be intimidating. Steve Hanson indicated their hands are tied on this type of issue also, but said that the Cable Company would get an opinion from their attorney regarding the extent to which the cable company can deal with programming and producers and share that opinion with Dave Magnuson. Dave said he would also look into the issue. It was stated that after a program has been shown once, that our obligation to the producer has been met. Jack Doerr stated that the company should be concerned about possible copyright infringement because of some of the materials being used in programs, such as the Howard Stern segment, portions of concerts, etc. On the issue of intimidation, Jack told Steve Hanson that he had received calls from 3 different people who are producers, who have heard the staff at the access center plot against the Commission and the Corporation and that the callers didn't want to be identified. Gale Bush asked whether we have the right to see complaints filed with the Access Center. Steve indicated that he believed so. Complaint procedures was discussed. Steve stated that when there are 3 complaints about a program that the program is pulled in order to review the issue and make an assessment. Gary wants the complaint process to be clarified on the scroll through messages on the cable channels. He feels we should let the public know that it is King's policy to review a program after 3 complaints are received, and to eliminate • • L 1/21/98 Commission Meeting - Page 4 some of the numbers listed. He suggested that only the Commission and Access Center phone numbers be listed, as that is where all of the complaints are logged. Sharon Ridgway,commented on how Mrs. Anderson was treated when she called about objectionable programming; that she was treated rudely. Steve is to tell-the Access Center staff that they must be polite to the public. A letter was received from Mr. & Mrs. Funari regarding the dropping of the Travel Channel - they had not been able to receive an explanation as to why. Steve said that they only have so many channels for programming and that they choose programs that are of the most interest to people. The Travel channel had consistently received low ratings in the Nielson ratings and therefore was replaced. Kathy was asked to send a letter to both Mrs. Anderson and Mr. & Mrs. Funari, assuring them that their complaints were heard. Steve Hanson said that the cable company calls also. MOTION by Gary Talbot to have Kathy send letters out to the 2 customers with complaints, seconded by Doug Bergmann. MOTION CARRIED. The equipment list for purchases from escrow which had been presented 11/97 was discussed briefly; everything had been approved by the Corporation and Commission at the 11/97 meeting except for the computer, and there were questions regarding replacement of the studio monitor. Steve said that the monitor is now working and that they can make do with it, but that Roy's preference was to have it replaced. Steve said that he would talk to Jim and get his approval and prices for the playback decks and audio components. Roy is still working on getting bids for a character generator for the control room. There was some discussion about the mandated increase of franchise fees charged - Steve will get us more information on this. ACCESS CENTER REPORT - Was received. CORPORATION REPORT Karen stated that the Corporation regretfully accepted Patrick Chapman's resignation from the board to accept his appointment on the Cable Commission. The Corporation had applications for 2 new board members: Art Edlundh, who has experience with studio equipment and has worked at Suburban Community Channels, and John Bilello, who has produced programming here. MOTION by Doug Bergmann to approve the new candidates to the Corporation board, seconded by Gary Talbot. MOTION CARRIED. Karen is working on a business proposal for the transfer of public access to the community, as part of our Needs Assessment information. She plans to have this to 1/21/98 Commission Meeting - Page 5 Kathy by January 31st. Karen asked the Commission for direction on this issue: When Cities want information about the Corporation or have comments about its management, policies or programming, can we have the Cities channel those comments through the Commission or is it to come directly to the Corporation as it has been? There was discussion on this issue, and Dave Magnuson's opinion on the issue was that the Corporation is a private, non-profit organization, kept separate from government and that the Commission only controls the approval of their budget and the approval of new board members; therefore they are a separate entity and should be dealt with directly. There were varying opinions from the Commissioners so it was put up for a vote. MOTION by Jerry Turnquist that if the Cities want information about the Corporation that they should make their request to the Commission, who will attempt to get the information needed. Seconded by Doug Bergmann. Patrick in favor, everyone else against - MOTION FAILED. COMMISSION BUSINESS a. Approval of Don's Salary Increase - Don's job duties were discussed and the Commission was asked to approve the raise recommended by the Budget Committee. MOTION by Jerry Turnquist to increase Don's salary by $2 an hour (increase from $11 to $13); that the salary covers the duties listed; and that the raise be effective January 1st, 1998. Seconded by Gary Talbot. MOTION CARRIED. b. Don's new billable rate - Due to Don's salary increase, we will have to increase Don's billable rate for extra services. MOTION by Jerry Turnquist to have the new billable rate at $15 an hour, seconded by Doug Bergmann. MOTION CARRIED. c. Discussion of Renewal Issues - It was decided to schedule a workshop to decide on some renewal issues and to try to wrap up Needs Assessment. Depending on how things go, Kathy will set up a workshop for either Tuesday, February 3 or Monday, February 9th at 6:30 p.m. She'll pick a place and let everyone know. Doug indicated that he will be out of town until March 5th. Kathy described the time frame and the remaining tasks for Needs Assessment and we need to get the Needs document written by our attorneys for approval by the Commission - if not the February meeting, then for sure by the March meeting, so we can stay on schedule for renewal. CONSENT AGENDA MOTION by Jerry Turnquist to approve Resolution 98-1-21 approving payment of bills/funds transfer, seconded by Sharon Ridgway. MOTION CARRIED. CORRESPONDENCE 1. Letter from Mr. & Mrs. Funari - already addressed. 2. Appointments from City of Bayport - Sharon is elected rep., Patrick Chapman is the • S 1/21/98 Commission Meeting - Page 6 citizen rep. and Jim Menard is the alternate. 3. Decision Resources Survey - final bound copy was received and copies distributed to our Cities. 4. Videotapes received from Charter Communications with information about technology they plan to implement; copies given to Commission members. AFFIRM NEXT MEETING DATE The next meeting is our Annual Meeting, where we elect new officers. Annual Meeting at 7:00, regular meeting at 7:30 on Wednesday, February 18th, to be held at Oak Park Heights City Hall, if available. ADJOURNMENT MOTION by Doug Bergmann to adjourn the meeting, seconded by Gary Talbot. MOTION CARRIED. Meeting was adjourned at 9:24 p.m. Submitted by Kathy Cinnamon Administrative Secretary � qg �7 / � I cl 1.��lPd� �� 1�1,.!.d i,�' r_.l' fe..b'A} /��f` r � •.. ,J Enclosure IV. 3A 410 COUNCIL MEETING DATE: January 13, 1998 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: January 9, 1998 Requested By: Jerry Turnquist, Councilmember ITEM/ACTION DESCRIPTION: Central St . Croix Joint Cable Commission' s Operating and Capital Expenditure Budget for FY 1998 . BACKGROUND: This budget was pulled from the December 17, 1997 Agenda. It was approved by the Cable Commission on November 19, 1997 . ACTION REQUESTED: Approval of the Cable Commission' s 1998 budget . FINANCIAL IMPLICATIONS: None. ADMINISTRATIVE COMMENTS: None . REVIEWED BY: /� CI , Adolv nistrator F/nceOl irector • Central St. Croix Valley Joint Cable Commission Operating & Capital Expenditure Budget Fiscal Year 1998 (February 1, 1998 - January 31, 1999) Revenue Interest Earnings $ 1,000.00 Franchise Fees- King Videocable Company 90,000.00 Expense Reimbursements 300.00 Cablecast Reimbursements 1,000.00 Total Revenue $92,300.00 Expenditures Salaries (includes employer's PERA&FICA contributions) ($32,300.00 total) Secretary 15,840.00 Cablecaster 15,960.00 Alternate Cablecaster 500.00 Professional Services Legal Fees 4,000.00 Accounting 1,000.00 Audit 700.00 Contingency/Refranchising 14,275.00 Office Supplies 500.00 Tapes&Misc. Supplies 300.00 Telephone 800.00 Postage 400.00 Bank Fees 125.00 Maintenance/Repairs 500.00 Mileage 100.00 Conf./Meetings/Dues 1,000.00 Print/Publish 100.00 Insurance/Bond 4,000.00 Misc. Expense 200.00 Office Rent 4,000.00 Photocopier 1,000.00 Comm. Program Support 24,500.00 CAPITAL OUTLAY Channel 12 Equipment 1,500.00 Office Furniture/Equipment 1,000.00 TOTAL EXPENDITURES $92,300.00 $92,300.00 7�, - CITY C • ;:..--1 '''14M T yx'` yY ;, OAK PARK HEIGHTS 1 , 14168 N. 57th Street•Box 2007 • Oak Park Heights,MN 55082 • Phone: (612) 439-4439 •FAX 439-0574 December 22, 1997 Karen Wandmacher, Executive Director Valley Access Channels 14791 North b0th Street Stillwater, MN 55082 Dear Ms. Wandmacher: The Council has requested a copy of the Corporation's 1998 budget and its grant policy and procedures in order to approve the Central St. Croix Joint Cable Commission's 1998 budget. ` They would like to discuss this issue at the January 13, 1998 Council meeting. If you could please send this information to City Hall, I would appreciate it. If you have - . any questions, please do not hesitate to call. Thank you and happy holidays. Very truly yours, Melanie Mesko Administrative Intern. . Tree City U.S.A. Valley Access Channels Its NU . b12 4,5U-UU(u an uy .ul LL . 'I r .uL alle y Access Channels Corporate Office e 14791 North 60th Street Stillwater, MN 55082 (612) 430-0074 January 13, 1998 To: Melanie Mesko, Administrative Intern From: Karen Wandmacher, Valley Access Channels I returned from vacation Monday, January 12th. 1 am faxing you the information you requested so it will be available for the January 13th meeting. I have included a copy of the Corporation's 1998 budget and the current grant policy that has been in effect since 1991. I believe it is important to know that the grant monies are not part of the operating budget as they are received from private foundations and used to promote public access to television in our community. The board is in the process of updating the current grant policy and making a few minor changes to the grant application. The final draft will be presented at the January 20th Valley Access Channels Board meeting. Putting the grant information in your newsletter would bo a great idea. Producing television programming is very time consuming. It takes work and out of pocket expenses. Having grant monies available to the public for programming of community interest can be an incentive. If the City Council is interested in the final grant policy and would like some applications available at City Hall. please let me know. Please contact me at 430-0074 if you have any questions or would like more Plea Y information about public access to television. Val ley Access Channels TEL NU . b12 45U-UUru an u .ui LL • ur r . u.D Central St. Cr.Valley Community Access arporatlon, Inc. g 1998 99 Revenue and Expe nditure 8u 9 et Feb.1,1998 to Feb. 1,399110 JAB.31.1428 ,nn.31.1999 (8 mo.actual (Over) Increase Lisalcud 4 protected) Under Budget (Decrease) Actual $I�.S� Revenue Central Valley Support $ 20,000.00 $ 20,000.00 $ - $ 24,500.00 $ 4,600.00 Access Support 6,000.00 5,000.00 - 6,000.00 Other ServIces 200.00 160.00 60.00 200.00 Grants - 700.00 (700.00) 600.00 600,00 Interest Income 425.00 1,064.60 (639.60) 900.00 475.00 Total Revenue $ 26,625.00 $ 28,914.60 $ (1,289.60) $ 31,100.00 $ 6,475,00 Expenditures Payroll Expenses Salaries $ 19,600.00 $ 19,987.46 $ (487.46) $ 19,500.00 $ -Payroll Taxes 1,491.75 1,487.48 4.27 1,491.76 - Worker's Comp. Insurance 172.76 120.20 62.65 172.75 • 1 Total Payroll Exp. $ 21,184.60 $ 21,596.14 $ (430.64) $ 21,164.50 $ - Operating Expenses Supplies&Tapes $ 100.00 $ 901.27 $ (801.27) $ 1,200,00 $ 1,100.00 Legal&Other Professional Feet 100.00 100,00 1,000.00 100.00 - Accounting Fees 1,000.00 1,000,00 150.00 Volunteer Stipends 50.00 100.00 (60.00) 200.00 1 Bank Charges 26.00 9.25 16.76 (50.00) Telephone 775.00 774.34 0.66 775.00 Postage 150.00 138.12 11.88 176.00 25.00 100.00 100.00 100.00 Printing Promotion 34.30 (34.30) 30.60 30.50 Mileage Reimbursements 200.00 179.21 20.70 200.00 Conferences, Meetings and Du( 60.00 384,94 (334.94) 200.00 150.00 Subscriptions 100.00 74.60 25.50 100.00 General Insurance 1,700.00 1,311.16 388.84 1,700,00 - 60.00 Office Expense 300.00 350.98 (60.98) 350.00 Office Rent 3,480.00 3,480.00 - 3,480.00 Equipment Repair and Maintena 265.50 208.44 47.06 326.00 69.60 Equipment Rent - - - - •Equipment Purchased - - - - Equipment Sold - - 75.00 Miscellaneous 76.00 - 76.00 - (75.00) ) Grants - 485.00 (486.00) - Total Operating Exp. $ 8,480.60 S 9,631.51 S (1,071.01) $ 9,935.80 $ 1,476.00 Total Expenditures $ 29,625.00 $ 31,126.85 $___11,§21115) $ 31,100.00, $ 1,476,00 Net Excess (Deficit) $ (4,000.00) $ (4,212.16) $ 212.16 S S 4,000.00, Valley Access Channels ILL NU.511-4su -vvT4 Jan v ,ul L` •40 r .u4 • Valley Access Channels APPLICATION FOR MINI - GRANT 1. Name 2. Address 3. City State Zip 4. Telephone: Work Home 5. Project will start _ Be completed Shown 6. Grant Request $ 7. Program Grant requested by : Individual Institutional B. Program Grant Requested for: Single Program Limited Series (5 or less) of Programs Extended Series of Programs 9. Program Concept In a brief paragraph below, clearly describe the nature of your program: what is it about, why is it important, and what It may be expected to achieve. Corporate OUIoe 14791 North 60th Street - Stillwater, MN 65082 • (612) 430-0074 Lu ■ • 10. Applicant further warrants that: . n► s wilt be produced for the access channe�dw ufl A• I 1 O�1 a ( ) � oltcie►t anci pl oc4 ,,��}} operating rules, p oriented. compliance w►t11�►1C o� 'Flee program(s) will be informational and community 13 P ►ovldcd in this application is 11, I declare that the best oi'n�olltnowlcdgc• accurate to the Date Signature For Office Use Only __Approved Not Approved _.___.____Date considered Amount Granted _........_....._ Signature of Grants Committee Member Special Instructions/Requirements, if any: --_ _ --- Valley Access Channels TEL N0 .612-430-0074 Jan 0901 22 :4y V .05 r 4 • • Central St. Croix Valley Community Access Corporation V nl leyAccoan Clumnel n COMMUNITY TELEVISION SPECIAL PROJECT +COMMITTEE November 27,1001 • MINUTES CALl, TO Oltl)1lt Chairperson Jim Woodhouse called the meeting of the Community Television Special Project Committee to order at 6:15 P.M. on Wednesday, November 27, 1J91 nt the Community Access Center. ROLL CALL PRESENT: Jim Woodhouse, Bob Johnson. Doug Williams STAFF PRESENT: Karen Wnndmacher CUMMirrJ E BUSINESS Andersen Foundation pant distribution The committee made the following recommendations to allocate the remaining $1,100.00 of the Andersen Foundation grant. 1. $280.00 2 studio lavaliere microphones ($140.00 each) 11. $600.00 Up to$200.00 will be awarded to 3 producers who demonstrate an interest In produoting community programming. Programs are limited to areas identified in the initial grant proposal which include the following; - Civic and community programs -Community news programs Civic events - Public affairs - Community forum programs • - Artistic & cultural programs - Local arts and p erformance and/or cultural events • Local history programs - Local history preservation topics of county wide interest - Local special programs • Special programs of local interest Valley Access Channels TEL N0 .612-430-0074 Jan 09 ,01 22 :50 P .06 ID Producers must follow all Valley Aocosa Channels operating rules, policies and • procedures and submit their request in writing to the Community Television Special Project Committee. Forms will be available at the access center. The executive director will act as the administrator of the grant funds. Monies requested by producers will be allocated throughtout the project as receipts.ore presented and programming results are demonstrated. Grant monies onn be used for program promotion, props and building materials, and other production expenses as deemed necessary by the producer. Items In question will be decided by the Community Television Special Projects Committee. HI. $220.00 On behalf of the Valley Access Channels Board of Directors, the the Committee wishes to give a gift of$25.00 in recognition of producers who volunteer their service to t:1w community by taping an event to be cablocast on the access channels. The$25.00 gift will be allocated upon the completion of the taping of the event. • The meeting adjourned at 6:55 P.M. . Enclosure 1A DATE: January 9, 1998 TO: Mayor and Council FROM: Judy Holst, Interim Administrator I have enclosed the business survey that the Cable Commission has requested that we answer. I will be completing this form; if you have any input, please do not hesitate to contact me. I have also received a copy of the cable survey. If you would like a copy, please let me know. Enclosure 1C • •BUSINESS COMMUNITY SURVEY We need information from our business community to assist with cable franchise renewal. We need to know what types of telecommunications equipment your businesses utilizes currently, what you are using it for and what types of telecommunications services and technology may be useful to your business in the future. Name of Business City of Oak Park Heights Address of Business 14168 North 57th Street City Qak '- - ' _ ufi. 55082_ Does your business currently have cable service? What types of new or enhanced cable television services would you like and why? Communications - Who are you communicating with primarily - inter-company, local, national, international, etc.? Primarily local Telephone - What improvements would you like to see in your telephone service (local, long distance, cellular, etc.) and why? ? If use them frequently? Do you use a fax or modem? so, do you us Yes . We use our fax many times a day. Computer - Do you use computers for communications purposes? No, Do you have Internet connection? Are you interested in it? No. Yes , we will be looking into this type of communication in the future. • • Business Survey - Page 2 Will you have a need to communicate computer data/information in the future? Yes . How do you expect to communicate this information? Through e-mail and computer TelevisionNCR - do you have and what are you using them for? We use TV to broadcast City Council and other public meetings . We also use the cable channel as public notification for meeting dates , eti Video Equipment - do you use any camcorders, cameras, microphones? If so, what types of things are you using them for? We use video and audio equipment to broadcast some of max our meetings . If you had the opportunity to use video equipment in order to share programming with your community, what would it be and how would you use it? Informational coverage Truth-in-Taxation Hearings , City Council meetings other meetings hhat have a strong pu'rlic interest. Do you have any interests in having/doing live programming from your facility (or taped programming to be shown on public access channels)? We lama already do so. Interconnection - would interconnection with other businesses and institutions by way of the cable system be something of value to you? Are there any other ways you would like to improve the way you do communications? Business Survey - Page 3 Any other comments? In case we need to get further information, could you please tell us: Name and Title of Person Answering Survey Mj , Cti LI Pi Phone # iJ � 4?f{ Thank you!! ( -011O, --&I I/J 1 4 Enclosure 1B CE TRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION January 8, 1998 1941 South Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 Judy Hoist, City Administrator City of Oak �� Park Heights hts _� 14168 N.57th Street r5 ' 5 �� �'' Oak Park Heights, MN 55082 `� g JAN - 8 ;mac jJ Re: Needs Assessment for the New Cable Franchise CITY OAK PARK HEIGHTS Dear Judy, Since we last talked about the cable franchise renewal, I have worked on a business survey with our cable attorney's input on it as well, to obtain useful information for negotiating the new franchise. I know you are in between administrators there and didn't feel in a position to comment on cable issues and that it would probably have been difficult to give much input anyway without having any specific questions from us. Since our 3 Cities are the most important entities we have, I wanted to send this out and get your City's information and comments included in our needs assessment. I hope that Julie or other individuals associated with the City can be helpful resources for you to ask questions of. The rest of the letter is general information which everyone else got with their business surveys, explaining why we are doing this. The ntral St. Croix Valley Communications o yJ oin Joint Cable nications Commission is the u regulatory authority in this area for cable television. We enforce and administer the franchise which allows King Videocable to do business in our area, which includes Stillwater, Oak Park Heights, Bayport, Baytown Township and Stillwater Township. Our current 15 year franchise will expire in August of 1998 and we are in the process of renewing it. Part of that process is doing a "Needs Assessment" - finding out how residents, businesses, government entities, non-profit organizations and religious institutions in the community feel about cable services; what they would like to see in the next franchise and what types of services and technology our community needs. We anticipate that the cable company may be able to offer new services during our next franchise period. It is anticipated that high speed data transmission, Internet access, telephone/long distance service and videoconferencing may be provided in the future by the cable company once fiber optics are introduced. We hope to expand communications in our area by making it possible to do more live public, educational governmental, and religious programming. We also intend to interconnect with other businesses and institutions in neighboring communities and within our community via the cable system. Businesses in our community may have unique and specific telecommunications and Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown R ' • • technology needs. The cable company may begin to provide services that meet these needs. We need to document interest in, and need for, these technologies and we are asking you to take a few moments and give us some information as to what types of technology your business utilizes or may seek to utilize in the future. We will use this information to help formulate the new franchise. Please return your survey to the Commission by January 31, 1998. Your input is very important to us - thank you for your time! Sincerely, Kathy Cinnamon Administrative Secretary CITY C • OAK PARK HEIGHTS 14168 N. 57th Street Box 2007 •Oak Park Heights,MN 55082 Phone: (612) 439-4439 •FAX 439-0574 January 21, 1998 Kathy Cinnamon Central St. Croix Valley Cable Commission 1941 South Greeley Street Stillwater, Minnesota 55082 Dear Kathy: This is just to let you know that the City Council approved the Commission's 1998 budget at its January 13, 1998 meeting. Thank you again for the budget information you sent. Very truly yours, Jy Interim City Administrator Tree City U.S.A. � w � 1 9 �� 61511- , 1,)@/(-)2Sa- *I .fir.., City Page 2 - Council Minutes 12/09/97 Y them locate because of the increased taxes the utilities pay. Robert said that there are other inconveniences that are associated with utility plants, and that cities should be compensated for those inconveniences . She also noted that personal property tax reform would affect the fiscal disparities formula which benefits Oak Park Heights and surrounding communities . Prison Pond Outlet - Mayor Schaaf said that Oak Park Heights would like to see the pond be reconstructed before the problem gets worse, and the Council feels that the Department of Corrections should include this project in its bonding bill . Senator Laidig said that there are other issues that affect the prison, and that there is a possibility that the pond outlet could be included in those improvements . Levy Limits - Schaaf noted that the City has reduced its 1998 budget $20, 000 from 1997 . The City was hit hard, however, with the shift in commercial property taxes, which affected NSP, and the loss of the homes in the bridge area. Laidig said that is the flaw in levy limits; while they sound like a responsible way to limit municipal spending, they can' t take into account a lot of issues that would affect a city' s budget and increased spending. They discussed the shift in property taxes that was passed this last legislative session, and how it has affected homeowners in Oak Park Heights . Highway 36 Reconstruction - Schaaf said that the City would like to see 36 improved regardless of the bridge status . Laidig agreed that the traffic flow is significant and that the improvements on 36 and 5 have markedly improved the congestion. He also agreed that further improvements would be beneficial . Council thanked Representative Holsten and Senator Laidig for coming in and discussing these issues which affect Oak Park Heights . Mike Knutson - Valley Access Channels Mr. Knutson was present to clarify some issues regarding VAC taping policy. Council had expressed concern that pro-bridge issues were receiving priority over other views about the bridge . Council was also worried that there may be a conflict of interest with the coverage. Mr. Knutson said that VAC had not received any other complaints about the meetings that have been covered by the cable channel . There was discussion about the policy used for requesting an event to be taped. Councilmember Robert said that the Council was requesting a written policy of VAC' s taping schedule in order to clarify any confusion regarding that policy. Knutson said that VAC may discuss that at a board meeting, and he reiterated that VAC has a policy of equal access to all on a first come, first served basis . Knutson then said that anyone can call to request a taping of an event; if someone is available, VAC will Page 3 - City Council Minutes 12/09/97 • do all they can to accommodate the request . Councilmember Robert said that she found the whole organization confusing, because there are several different branches that handle cable issues . Jack Doerr of the Valley Access Community Board was present to clarify that VAC does not tape governmental meetings; the cable commission does . Doerr also said that VAC cannot tape private meetings unless they are invited to do so. He then said that he would try to see if there was money in the budget to tape the BWAC meetings, which are not currently taped on a regular basis . Knutson and Doerr thanked the Council for allowing them to clarify some issues regarding VAC. Department Reports: Parks - Councilmember Robert said that Parks Superintendent Jeff Kellogg has interviewed and recommended the hiring of three attendants : John Sortedahl, Benjamin Ptacek, and Justin Blake . Brekke Park will have the same hours as last year; 3 : 00-9 : 00 P.M. weekdays and 9 : 00 A.M. -9 : 00 P.M. on weekends and school holidays . Cover Park will be staffed from 4 : 00-6 : 00 P.M. weekdays and 12 : 00-4 : 00 P.M. on weekends and school holidays . Councilmember Robert, seconded by Beaudet, moved to hire the three attendants as recommended by Jeff Kellogg. Carried 4-0 . Robert then said the hockey association will be using the ice at Cover Park from 6 : 00-9 : 00 P.M. on weekdays and on Saturday mornings . She requested that the City Attorney and City j Administrator work out the details with the hockey association. Robert also said that the association will do some work at the park in the spring as a way to say "thank you" for being allowed to use the rink. Councilmember Robert, seconded by Swenson, moved to direct staff to work with the hockey association regarding allowing them to use the Cover Park hockey rink this winter. Carried 4-0 . Robert said that the Parks Commission has recommended that Renee Sorenson be allowed to conduct ice skating lessons at Brekke Park from 3 : 00-5 : 00 P.M. this winter. Councilmember Robert, seconded by Swenson, moved to allow Sorenson to use the ice during those times for ice skating lessons. Carried 4-0 . Robert then reported that there are two openings on the Park Commission and she requested that anyone interested in these positions should contact her, anyone on the Parks Commission, or City Hall . Cable - Nothing to report . Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, January 8, 1998 at 7 : 00 p.m. at Bayport City Hall . Recycling Award - Administrative Intern Mesko reported that the recipients of a $25 . 00 check from the City of Oak Park Heights 41111 111 Iktu Oak Park Heights has another enemy The micro-managing unit from the City of Oak Park time available for some nice little anti-bri dge ro a- Heights has selected another public enemy. It's Local ganda. There's nothing stopping them, except them- Access Television. selves.In fact,the public has been clamoring for another The meager forces of Local Access came into the firing chapter of"we're against it." line Tuesday night at a meeting of the Oak Park Heights City officials OPH council. The lone-standing mu- didn't gain p ublic support by climb- nicipal governmental unit opposed to a _ ing allover the Access Channel orga- new St.Croix bridge says Local Access j• nization. But from all indications, didn't treat the"bridge issue"fairly. :, the entire cable operation, decision That's all the City of Oak Park Heights ;= ` ; Mahoney making process, stewardship, bud- wants, "Treat us fairly, not better,not y worse,justtreatus fairly," � geting and service is going.to come under close scrutiny.In fact,the cable Those with control-mentality at Oak $' Publisher franchise,as its known today,may ' Park Heights claims Local Access went be in danger. out of its way to give beneficial cover- Bits of Bladar' Oak Park Heights ought to plant its age to those who support the bridge,and trees,hire a new city administrator, thereisadifferenceof opinion ofwhether continue official proceedings to or not the Access organization may have committed an achieve an acceptable annexation solution,and whatever actual crime in the process.Local Access is not the first else needs to be done. group to be given a troublemaker label.There's a large Controversy seems to come naturally in Oak Park and growing hate-list in Oak Park Heights:headed by the Heights. As the former city official remarked,"They Minnesota Department of Transportation,the Wisconsin need a good conservative fanner up there to help them. Department of Transportation,the Bridge Alliance orga- They keep stepping in the wrong pile.At the present time, nization,the City of Stillwater, (and we won't mention they don't know where to step." such controversies as annexation with Bay Township and While the heat's on at Oak Park Heights,the controver- the City of Lake Elmo, the fire hall controversy, the sies overcloud other municipal functions. Said one departure of the chief city administrator,the resignation Stillwater city official,"Things are good here as long as of the community tree doctor). the spotlight keeps pointed to Oak Park Heights." In a style used by such groups as the Minnesota Twins, Remember,the request is treat`em fair.I believe it's the Council opened with criticism of Local Access and fair to suggest the City of Oak Park Heights has more than then shifted to backhand threats of removing the govern- its share of troubles_ mental support for it. One observer of the vocal and heated exchange Tuesday night labeled it"the threat to The Forest Lake school district has distributed a remove support was petty at best."(There's more to this directive to faculty members outlining what"can't"be story,see Page 1 today.There are two sides and they're done over the holidays.It includes"not"wearing cruci- speaking up), v fixes,tiny lapel angels,nothing tied to areligious conno- Local Access is not the first to be threatened either.For tation of any kind.`It seems the district was a loser in a that matter,the Council itself,has been threatened via the lengthy suit and the results are coming down on those in mail from an unsigned disturbed citizen or citizens group. the classrooms. - A former Oak Park Heights city official,,who prefers to And if you want to really get involved,you ought to be remain anonymous in order to avoid becoming the next in the music program when you try to hold a holiday target,says paranoia is rampant,to the point of being an concert.Remember,nothing religious,nothing religious embarrassment. "They (the members of the Council) of any kind.You can mention snow and reindeer,unless ought to leave their enlarged egos at home," was the they have some form of religious affiliation. observation. The absurdity continues right before our very eyes. If Oak Park Heights(and its spin-city partner the Sierra Club)want an anti-bridge program on Loeal Access,it ought to get off its duff and do Sine. Remember this — Council is the one that said it wasn't opposed to a bridge, it was just opposed to THIS bridge." 111+D1'ity: "T a minority Of a If ever there was an organization"open"to the commu- country is never known to agree, nity,it's been Access. You don't have to be a research mathematician to locate the Access office,sit down and except in its efforts to reduce and map out strategy. oppress the majority." In fact, Local Access repeats its locally produced James Fenimore Cooper programs. Most community television viewers have p watched the 1997`Lumberjack Days y parade 67 times,and ' it's not six months old yet.There musth newiIPg of ArC..PCC r.• Access tk 1. • I :�W K, �7 f �„ 4ente m; -,w, s • k"!" ri;`" ge Public access television official• .defends co orations actions in face of oak Park Heights charges gar caws, ALDUS Valley moss claw, is in the past for with no success. card the eyyd of U.–PARK HEIGHTS To what became a heated discussion, 'homework assignment, an er$ peaked for Knutson after Mayor High School stu- David Schattf asked, "Why do f get t, ;40' ,:' works Tuesday this funny feeling that when we call Mike Krtutsof; a and ask,the schedule is too busy?" • Vall0 Access Chan- "I resent the hell out of that re- " t F a •ors;and the City track."'nASwered Knutson. t,�,as "I'm swe you do and I understand stated on bus wodCSheet. * why, said Schaaf. "You have Bob ::� for time on Utechthere andhe goes to all the pro- wl�o asked we „ 60 , t bodge nee ltd ems' .?`; r– " , ,. , ,, er c` " ng know on the (Valley Access bt saver the pastfew hers)board,exce tone:is I m'mge• tedl 'denied that Val-• At some point,if it walks like a duck tm�onth 'trepea y ley Aug Channels is slanting its and talks like a duck,we think it's a z in favas'of ups..that duck,and maybe we'te wrong." l 1;. g'TO 're'ihon mayor," favo,rt R,y, 5. Ction of the new St. "Trust me yon g Y Croix g . 'geaspu,posedby.the said Knuts °,. 1Vltntte m �:'.+ : 'I eat of Transpor- Knutson! and council members '`, M`i 'Council o con- delved into a number of topics involv- pposes ing what Wandmacher is paid to tape ' talc ,f if t bridge. "I C °here in early Novem- <and what she volunteers for,conflicts bor to assU1 you that it was not our: of interest on the board because of meant,"he said. "It wasn't our goai.Y their political beliefs and with of hermember- Knutson said that Val ship on the pro-btidgu ter Area 1 Re �K, ley Access Channels.just responded Chamber of Commerce Board of Di- to citizen requests to cover events.He rectors;and venous situations regard- said the council ptembers can, and ing decisions to tape some events and should have been,calling Valley Ac- not others.-Amid all that Robert said Bess Channels Executive Director the council was looking for a policy , Karen Wandmacher to, get anti- of fairness. 1vinDOT bridge events;covered. As "That's all we want id-a policy as with any request, Wandmacher will to what programs could be covered . Y try to either cover it herself or find a how a person in the community gets volunteer to take the job, said aprogram covered,"said Robert."We Knutson,adding that sometimes nei- just want there to be a rational basis ther option works out. and guidelines,that's all" bets JanetRobert and said they have caned (See Television,page 10) ,tilibuater ( bening ddaette Wednesday,-December 10,1997;. c Te1esion • Robert asks for qut1 time polic (Continued fipm page 1) "I appreciate What you want nets is required to present a balanced Wild and Scenic Riv Act.Neither , ;ing events,such at the Stillwater Area: councilperson,'", opinion on all issues. She recom were covered by ValleyAccess Chan- 'Chamber of Commerce All Cities "The reality is,w` • an inde mended the group's board consider nets. Banquet,as not:being pro bridge a: � � tson answered. y independent �.. body. We're not part of Oak Park , adopting a policy of equal tinge,es- Knutson said ValleyAccess Chan- position the council vehemently dis- Heights City Council,and believe me pecially in the case of political issues. nets does notcover gOaernment meet- agreed with — and saying that it We will try to behest and fair and Knutson said there have not been ings like the Boundary'Area Commis- didn't matter which side of the issue- get programmin.on the channel." very many community events,that don.Those meetings fall into the ju- an event fell on.Valley Access Chan Prom there, G'±- pointed out that have been against the bridge.When risdiction of the go nment access nel was asked to tape it, so it was part of the funding that supports Val- there are,someone needs to call Val- channel, which li i Valley Access done. : ley Access Channel,through the Cen- ley Access Channels,he added. Channels, is overseen by the Joint . "To this point,Valley Access chan- nel St.Croix Valley Cable Commis- The accessibility of Valley Access Cable Commission , nei has responded to every request; sign,comes flu if . . Park Heights, Channels was a point of contention. Beaudet persisted that Valley Ac- that they have received," said money that the,*;, Council could Robert said citizens do not know cess Channel has mitered other events Knutson. "The people who o ap- •pull away if it-dc not approve of " which of the cable entities to call to -involving governinertt officials and preached Valley Access Channel see • the way things.operate, The Cable get certain events covered,she said agencies,such as Wisconsin Gover- the value,of the public,message get- Commission exists through a joint "If it was less confusing,it would nor Tommy Thompson and the Min- ting out Apparently,the groups op- powers agreement between Stiliwa- be easier for the public to call,"said nesota Department Of Transportation. posed to the group don't see the value] ter,Oak Park Heights and Bayport. Robert He,didn't see a difference between of a public message getting out." ' If you all don't want to establish "Perhaps if you had taken dine to those events and covering the Bound- Knutson said be would be willing, guidelines that the community can be call you could have found out this ary Area Commission,which be be- to devote a future "Valley'Insight"; aware:Of,`then maybe it's not in the information,"said Knutson. lieves would.provide a balance show to the anti-bridge side of the is best interest fora$to continue to be a An example of that confusion can against the pro-bridge programming. sue.Schaaf indicatedtbiat he a the part of the cable commission that has be found in an issue Beaudet beta- Later, in response to an Evening Sierra Club are willing. no guidelines," said bored throughout the discussion He Gazette question, y Access To ask Valley Access Channel to: Knutson said F didn't remember said he called Valley Access Channels Channels Board Memr Jack Doerr, cover an event,other than a govern- saying-his organs atlon doesn't want three times about covering the Min- said thatthe Boundaiy Area Commis- meat meeting,.Knutson said people` to establish guidelines. It is an issue nesota-Wisconsin Boundary Area sion could be cables ast on govern should call;430-0074. to inquire the Valley AccessChannels Board'of Commission meetings. He also said ment access if someone would pay fS r about coverage of government meet- Directors has-to discuss. the Sierra Club contacted Valley Ac- it He suggested that°the commission ings,call the Central Si Croix Valley By law,as anon-profit corporation, cess Channels about covering the+cel be asked if it would be Willing to pay. Cable Commission at 439-8$03: Robert said that Valley Access Chan- ebration of the 25th anniversary of the Knutson shifted between defend- sigh s 4 -tip:To. c a en s ryonw. iii6---iii , ' a is that Karen, as corporation staff, s (Continued from page 1) srpor corporation the cot- ,�+ construction of which is currently and Mike,as vice president th need i s, poration,feel that they in court'proceedings.in Id Pr con- ethics up to present both sides of a very co the again Tuesday,was P ,, Brought up ag issue. It cer- .`• ethics of.Wandmacher's traveling to troversial community corporation appear Washington D.C.on a lobbying trip tainly makes the , a ' s organized by the Bridge Alliance. that they have a strong opinion in fa- ch riet Wandmacher,who Knutson said took vor of the bridge.Mike says he went the trip on her own time,videotaped as an individual and he is the p City a meeting between the pro-bridge of the show. I am not sure lne can Q U 11" raises group and a committee of rep r en- the pos nssthey wbCt i you bold in} tatives.That tape was used p lic access television show produced Cable Commission Attorney ,. David Magnuson disagreed that a vie- by Knutson called"Valley Insight." :1.8'111441F After the trip, Oak Park Height latioon of issue Ethics s s Law Karen, as <. _ i o City Councilman levy Turnquist rug- public en,access w <a + gested Wandmacher's actions via executive director of the ' lated the Minnesota Ethics Law. corporation, is a `loeal official as . ' 13A 9 "When I heard that Karen defined in M.S.471.895,subd. 1(d) : r b :' 4 `d (Wanamacher) and Mike (Knutson) or an as defined in M.S. 14A.0'il, , .p ,' ,•A'::1‘_, ` '—,Mike had gone to Washington D.C. to film subd.b."Magnuson wrote in an opin- on. "It is -, R 1 a ne i+o a meeting of the congressional del- mion to y opinion he Cable ble Karen is neither"It s Y ' o i "' ' of egation and the pro-bridge support- y a a c i future.,eif�ublie ers, I was concerned," Turnquist `public official'.or a local official'and television.in ion few' wrote in a memorandum to the Cable her expenses by the lobbyist does not Pat a height iti ion a Oak Commission and the City Council. violate either statute."P i is Cam,+. .;;'lie cowl_ "When I heard that Karen's trip had Wandmacher said she did not go suit o its p a a e ," been paid for by Ed Cain and the to Washington with a personal pro- P y e agenda. She said she was ap- ou '.:« >`'' '.; Stillwater grodp lobbying for the bridg a$ . e K proached by the Bridge Alliance�� ,�' `'r, k `" } '�" bridge I became very concerned.In pr y opportunity.for "great- the gift was a violation saw it as an , . �. t, my opinion, g n ," which was her only 's `db ` x of the Minnesota State Ethics Law. programming," roms g ' r ' Mr.Vierling agrees with me.I am also concern. She added that if she had "'" " .W° ','" known about Oak Park Heights , s w ., `� , ,, . is now , „� � �v.�W, � ' concerned that corporation` Ilk,-Y `k_ lobbying.When only one Mayor David Schaaf's similar meet- '- u� ', involved in lobby g in Washington D.C. to lobby e electing n`#i�i ,"� p ' �n' side of the issue is presented,I call it ing ' g havechallenged how t ''' r lobbying.A non-profit corporation against the bridge, she would have .' creation onaof Valley.the l�s " the lobby or videotaped that as well.� has to be careful when they y «M focus was not on any creation of Valley,access w els they can endanger their non profit Y and how Tuesday suggean t agenda,"she said."My focus was we ert on Tuesday rugger ;" £ k "The other issue of concern to me. getting great progratnmmg." Park Heights might w.,6•�, .� out of the joint powers '1 , 'r: 'at supplies funding for the St. Croix Valley Cable Co, .` For its part,the c+ . tea I lenged Valley Access .1 ' + be in covering po , :,'� ^'and has called into question' s 9 ' ties of Valley Access Channels Executive Director„Karen Wandmacher. The Tuesday discussion was only the latest volley between Valley Ac- cess Channels and the council. It again focused on the council's belief that Valley Access Channels is giv- ing preferential treatment to gtoups supporting the construction of`the new St. Croix River bridge as pro- posed by the Minnesota Department of Transportation. The Oak Park Heights City Council has been a vo- cal opponent of the proposed bridge, • Enclosure 6 COUNCIL MEETING DATE: December 17, 1997 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: December 12, 1997 Requested By: Councilmember Turnquist ITEM/ACTION DESCRIPTION: Central St . Croix Joint Cable Commission' s Operating and Capital Expenditure Budget for FY 1998 . BACKGROUND: Budget was approved by the Commission on November 19, 1997 . ACTION REQUESTED: Approval of Central St . Croix Joint Cable Commission' s Operating and Capital Expenditure Budget for FY 1998 . FINANCIAL IMPLICATIONS: None ADMINISTRATIVE COMMENTS: None REVIEWED BY: f , -� {ty Aiiministrator Fj. nan. Director • • Enclosure 12 r CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION DEC - 1 1991 MEETING MINUTES Wednesday, November 19, 1997 The meeting was held at Stillwater City Hall and began at 5:35 with a presentation by Bill Morris of Decision Resources. He gave a summary of the needs assessment phone survey results. Some high school students were in attendance. CALL TO ORDER The regular monthly meeting was called to order by Chairman Ann Bodlovick (Stillwater) at 6:15 p.m. ROLL CALL Present: Jerry Turnquist (Oak Park Hts.), Doug Bergmann (Oak Park Hts.), Sharon Ridgway (Bayport). Also: Dave Magnuson, Karen Wandmacher, Steve Hanson, Jim Commers, Gail Leavitt-Bush, a representative from Charter Communications, Don Fixmer and Kathy Cinnamon. APPROVAL OF AGENDA Kathy had the following additions to the agenda: under King Video report add letter a. Complaints of 11/14 and 11/17; under Cable Commission Business, add to letter c. Approval of Transfer/US West Split; under Cable Commission Business, add letter f. Lower Valley info on Channel 12; and under Correspondence, remove #2. MOTION to Jerry Turnquist to approve the agenda with changes, seconded by Doug Bergmann. MOTION CARRIED. APPROVAL OF MINUTES MOTION by Jerry Turnquist to approve minutes of regular meeting and public hearing of October 15, 1997; seconded by Doug Bergmann. MOTION CARRIED. PUBLIC COMMENT None OLD BUSINESS 1. County Board complaint followup - Steve Hanson said that John Lindell was in an editing suite at the time and didn't get the modulator switched on time. Said that it turned out the County Board hearing didn't get started on time so the entire public hearing did go out live. Steve told John to be more diligent about being on time. NEW BUSINESS 1. King Videocable - The company was sent 3 complaints: on Friday, November 14th and 2 on Monday, November 17th. Steve said that the 11/14 complaint had been investigated by him and that he requested waiting until Roy returned from vacation to • ` 1 a • 11/19/97 Commission Meeting - Page 2 give us a full report. This complaint had to do with the Access Center not beir tipen during that time, and the staff being at the for several hours, no programming shown du g p 9 9 g high school at that time. As for the complaints of 11/17: concerning one of Joe Goulet's programs where breasts and buttocks were shown but "graphically altered", Steve Hanson said that he has instructed staff to run the show only in the evening. As for the complaint by Mike Knutson where lavalier microphones were not available for a studio shoot and that requested information was denied as to who checked them out, Steve Hanson replied that he had spoken with John Lindell about it. Said that lavalier microphones have been checked out for 10 years and that they are available to anyone who requests them on a first come, first served basis. It was questioned as to whether lavaliers could even be used for camcorders. The company feels that there wasn't an issue, as there were microphones available for the studio shoot (a different type) that day. As for refusal to give out requested information, John Lindell told Steve that the request came at around 4 p.m. and that he was finishing up some things in order to go home; that he didn't have time to look through files for the information and that Mike should speak with Roy about it the next day. There were questions about how many times a program is shown and the comment was made that if the producer is a friend of the Access Center employees, that their program gets shown a lot more than someone else's. Jerry Turnquist commented that there should be a policy regarding the number of times a program is shown. There was also discussion about what types of programming is appropriate for which channel; it was felt that to put one of Joe Goulet's programs on Educational Channel 3 is inappropriate. Steve Hanson will check on these issues, and will also send a formal letter of response to the complaint of 11/14. Chairman Bodlovick asked Dave Magnuson about assessing penalties when there is a clear violation of the franchise. Dave said that the violation would be that the Access Center staff failed to make the studio and equipoment available for public use. Dave will research the charging of penalties and appropriate amounts and make a recommendation to the Commission at the next meeting. 2. Access Center Report - was received. 3. Valley Access Channels Report - an equipment list for the Access Center was presented to the Corporation by the Cable Company and was reviewed. The list and the Corporation's recommendations were submitted to the Commission. There were questions about a JVC tuner and its use (Don said it was for background music) and also the replacement of the studio monitor - where is the one they currently have and is it repairable or does it need to be replaced? It was purchased only 5 years ago. Steve Hanson is to check into this. The Corporation is in favor of the equipment list except they are not in favor of the computer, and they are in favor of replacing the monitor only necessary.if it is necessar MOTION by Doug Bergmann to approve the equipment list except for the Computer; seconded by Jerry Turnquist. MOTION CARRIED. The 1110 Ank 11/19/97 Commission Meeting - Page 3 Corporation also wants to purchase a new character generator for the studio control room and the Company is to ask Roy is to get 3 bids for this. The Corporation has requested that when the playback decks in the Access Center get replaced, that the old ones be returned to the Corporation, who purchased them. The Corporation reported that they will be having a planning meeting soon to discuss the expenditure of grant monies and how to apply it to more community programming. It was pointed out for the benefit of Oak Park Heights City Council that the City should not expect to get government programming (above and beyond their normal Council meeting) done free of charge by Valley Access Channels; that they are not the ones in charge of doing government programming. Karen spoke of an award and recognition she received from Supreme Court Judge Sandy Keith, who really liked Karen's "Law in Action" programs, and he spoke of the value of public access television. The Commission would like to have some of these programs put on our channels. As for other community programming, Doug Bergmann expressed an interest in seeing a program where the sheriff's office justifies their tax increases. Jerry Turnquist suggested having a program where the Cities talk about taxes and what they are doing to keep them in line. Karen indicated that if they would give her names of people to contact that she could call them and make arrangements. Karen made a request that if any mail for Valley Access Channels comes to the Access Center by mistake that the staff have the courtesy to forward it on to Karen, as she does for them. Steve Hanson is to let staff know. 4. Cable Commission Business a. Approve Corporation Budget - MOTION by Doug Bergmann to approve the Corporation's FY 98 Budget; seconded by Jerry Turnquist. MOTION CARRIED. b. Approve Commission Budget - MOTION by Jerry Turnquist to approve the Cable Commission's FY 98 Budget; seconded by Sharon Ridgway. MOTION CARRIED. c. Approve Transfer to Charter Communications/US West Split - Dave Magnuson met with people from Charter Communications and discussed various issues of concern. He felt that Charter is qualified to be a buyer of the system and he recommended that the Commission approve the transfer. It is possible that the transfer may not take place - US West now has split off their phone businesses and cable businesses and would not now have to sell the local cable systems. They have applied to the FCC for a special waiver and if they are successful, they would end up having to pay Charter Communications $30 million as a termination fee to get out of the purchase agreement. But because we don't know if the FCC will grant US West's request, we were asked to proceed with the transfer approval and Dave Magnuson • - 11/19/97 Commission Meeting - Page 4 drew up a resolution for the approval. MOTION by Jerry Turnquist to approve Resolution 97-01 for approval of transfer to Charter.Communications, seconded by Sharon Ridgway. A roll call vote was requested: Bergmann, aye; Turnquist, aye; Bodlovick, aye; Ridgway, aye. 4 ayes, no nays; MOTION CARRIED. d. Late Fees Issue - Chairman Bodlovick asked Jim Commers to explain their late fees and asked if the Company would consider reducing the amount being charged. ees a p y g 9 9 Jim said that when doing a study on costs of collecting bad debts, it was determined that the Company's costs were about $8.75, so they don't feel that $5 is out of line. He explained that costs to recover bad debts goes hand in hand with the size of community you have and the number of debts you have. If there aren't many late payments, the costs are higher than if it is spread over a larger base. As for the cable attorney's research on this issue and do we want to do anything with it, the Commission was not interested in pursuing the matter. May be discussed again during renewal. Dave Magnuson pointed out that a class action suit regarding recovery of overcharged late fees would have to be initiated by a subscriber. e. Schedule Next Needs Assessment Workshop - our next workshop will be Thursday, December 4th at 6:00 p.m. at Stillwater City Hall. Kathy will contact our City Administrators and see if any of them would like to attend and address any comments about franchise renewal with the Commission. Gail suggested that some sort of questionnaire might be helpful so that people know what sort of info is wanted. f. Character Generated Information on Channel 12 - Kathy said that the Lower Valley used to have messages on Ch. 12 but that they haven't had any on for a while and due to fiber optics being down there now, they are unable to send signals up here to put messages on. The cable company had a technician come by and he was going to install a Ch. 12 character generator in the King office for the cable company to put Lower Valley messages on. Kathy felt that this was inappropriate. Kathy is willing to put the information on as a courtesy for the Lower Valley; they do support Valley Access Channels with programming funds. The Commission also feels that it would be more appropriate for us to handle this than for the cable company and have given Kathy the go-ahead to do this. Karen introduced the Corporation's newest board member, Tammy Wold. MOTION by Doug Bergmann to approve Tammy as a member of the Corporation board; seconded by Jerry Turnquist. MOTION CARRIED. CONSENT AGENDA MOTION to approve Resolution 97-11-19 approving payment of bills/funds transfer by Jerry Turnquist; seconded by Sharon Ridgway. MOTION CARRIED. CORRESPONDENCE 1. 3rd Quarter Franchise Fees & Report were received. . 11/19/97 Commission Meeting - Page 5 AFFIRM NEXT MEETING DATE There will be no meeting in December. The next meeting will be Wednesday, January 21st at 7:30 p.m. at Stillwater City Hall if available. ADJOURNMENT MOTION to adjourn by Jerry Turnquist, seconded by Doug Bergmann. MOTION CARRIED. The meeting adjourned at approximately 8:00 p.m. Submitted by Kathy Cinnamon Administrative Secretary II Page 2 - City Council Minutes 02/11/97 Recycling Award - Administrator Robertson stated that the recipient of the $25 . 00 check from the City of Oak Park Heights for participating in its recycling program is John Witzel, 14925 Upper 55th Street . Oak Park Heights Business Group - Administrator Robertson reported that Fire Chief Chuck Schwartz presented the fire inspection plan for commercial businesses at the recent OPHBG. Robertson said that businesses will be contacted a few weeks prior to the fire inspection. Council suggested that the costs of this program be added to future fire contracts . Consent Agenda: 1 . Approve Bills and Investments 2 . Approve Council Meeting Minutes - January 28, 1997 3 . Set Public Hearing - Changes to Ordinance 502 Governing the Disposal of Garbage and Rubbish - Establishing Requirements for Yard Waste Bags - March 11, 1997, 7 :30 p.m. 4 . Set Public Hearing - Proposed Rainbow Shopping Center Development - Oppidan Investment Company - March 11, 1997, 7 :30 p.m. 5 . Fire Protection Agreement with Bayport Fire Department - $54, 125 . 00 . Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as presented. Carried 5-0 . Unfinished Business Approve Newsletter Bid - Councilmember Robert, seconded by Turnquist, moved to approve the Heritage Printing bid to do the City Newsletter in 1997, using 3 colors and recycled paper. Carried 5-0 . New Business: Approve Audio Equipment Bid - Council reviewed bids for the audio equipment . Councilmember Robert suggested the Council table approval of the bid because she was concerned regarding the cost of the project and suggested the City get input from residents regarding the quality of sound of the telecasts . Administrator Robertson stated that he has received comments from viewers that the audio portion of the City Council broadcast is poor. Councilmember Turnquist and Mayor Schaaf indicated they had received similar comments . Councilmember Robert, seconded by Beaudet, moved to table approval of the audio equipment bid until the March 11, 1997 meeting. Carried 4-1, Councilmember Turnquist opposed. Appointment of Cable Commission Representative - Mayor Schaaf, seconded by Robert, moved to approve Gayle Bush as alternate citizen representative to the Cable Commission. Carried 5-0 . r , Enclosure 6 MTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 November 24, 1997 Cif - ► 1997 Ms. Judy Hoist, City Administrator City of Oak Park Heights 14168 N. 57th St. Oak Park Heights, MN 55082 Dear Judy, Enclosed find the Commission's budget for FY 98, approved by them at our meeting of November 19th. Also find the results of the survey recently done for us by Decision Resources in connection with our cable franchise renewal. They will still be forwarding to us a formal bound copy with even more details and a profile of what each City's responses were. I will forward that to you when I receive it. Sincerely, Kathy Ci namon Administrative Secretary Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown DECISION RESOURS, LTD. CENTRAL ST. CROIX VALLEY 3128 Dean Court CABLE COMMISSION Minneapolis, Minnesota 55416 FINAL VERSION SUBSCRIBERS Hello, I 'm of Decision Resources, Ltd. , a nation- wide opinion polling firm located in Minneapolis . We have been retained by the Central St . Croix Valley Cable Commission to speak with a random sample of residents about cable television, services and programs. This survey is being done because King Videocable company wants to renew its franchise next year, and the Cable Commission needs to know the wants and needs of people in the cable franchise area. Only a summary of the entire sample will be reported. 1 . Does your household presently re- Y ES CONTINUE ceive cable television? NO THANK & TERMINATE 2 . How would you rate your cable EXCELLENT 24% television service -- excellent, GOOD 56% good, only fair or poor? ONLY FAIR 18% POOR 2% DON'T KNOW/REFUSED 1% 3 . Are there any channels not currently offered you would like to see made available by the Cable Company? UNSURE, 5%; NONE, 65%; NICKELODEON, 4%; SCI-FI, 3%; GOLF, 3%; SPORTS, 2%; NEWS, 2%; PREMIUM, 4%; CHILDREN/FAMILY, 3%; SCATTERED, 10% . For each of the following services areas, please rate the Cable Company as excellent, good, only fair or poor. If you don' t have an opinion just say so. . . EXC GOO FAI POO DKR 4 . Number of channels available? 22% 60% 13% 2% 3% 5 . Program choices? 14% 61% 19% 3% 3% 6 . Picture and Sound quality? 26% 61% 9% 4% 1% 7 . Customer service? 21% 60% 8% 3% 9% 8 . Billing? 20% 68% 7% 3% 3% 9 . Rates? 4% 38% 38% 13% 8% 10 . Installation of service? 20% 67% 5% 2% 8% 13% 51% 5% % 11 . Service repairs?. 130 510 50 2% 300 12 . Restoring of service after an outage? 12% 55% 8% 3% 23% IF "ONLY FAIR" OR "POOR, " ASK: 1 (-5-] / -5-677 . • 411 Ilk 13 . Could you tell me why you rate that service as ? UNSURE, 2%; RATES HIGH, 36%; LITTLE CHOICE, 11%; RATES HIGH + SERVICE SLOW, 8%; RATES HIGH + LITTLE CHOICE, 23%; POOR/SLOW SERVICE, 6%; POOR QUALITY, 9%; RATES HIGH + POOR QUALITY, 9% . 14 . How often have you experienced in- VERY OFTEN 1% terruption of your cable tele- OFTEN 10% vision service because of tech- NOT TOO OFTEN 66% nical problems or outages -- very NOT AT ALL OFTEN 23% often, often, not too often, or DON'T KNOW/REFUSED 2% not at all often? Moving on. . . . 15 . In comparison with other services VERY HIGH 14% you buy, do you feel that the SOMEWHAT HIGH 41% charges you pay for cable tele- AVERAGE 40% vision service are very high, SOMEWHAT LOW 2% somewhat high, average, somewhat VERY LOW 0% low, or very low? DON'T KNOW/REFUSED 4% King Videocable has a local office where you can drop off or ex- change equipment and make payments . 16 . Have you ever used the local cable NO 50% office? (IF "YES, " ASK: ) Do YES ou YES/YES 16% Y / use it on a regular basis? YES/NO 34% DON'T KNOW/REFUSED 0% 17 . How important is it to you to have VERY IMPORTANT 30% the local cable office -- very im- SOMEWHAT IMPORTANT34% portant, somewhat important, not NOT TOO IMPORTANT 20% too important,p t, or not at all im- NOT AT ALL IMPORTANT11o% portant? DON'T KNOW/REFUSED 5% In our current franchise the cable company is required to provide a community access facility where residents get free training and free use of video equipment to produce their own programs . This facility also makes it possible to bring local programming to our residents . Many programs which deal with the people, places and organiza- tions of your area are shown on cable television. This is called local or community programming. The following is a list of the local community access channels . For each one, please tell me if you or other members of your household have watched that channel during the past six months . YES NO DKR 18 . Public access, Channel 10? 60% 38% 2% 19 . Government access, Channel 12? 56% 43% 2% 20 . Educational access, Channel 3? 41% 56% 3% 2 • . 411 YES NO DKR 21 . Senior/Religious access, Channel 22? 14% 82% 4% For each of the following types of public access programming on Channel 10, please tell me if you are very interested, somewhat interested, not too interested or not at all interested in that type of programming. VIN SMI NTI NAA DKR 22 . Local community news programs? 17% 41% 20% 20% 2% 23 . City festivals and celebrations? 12% 35% 24% 28% 2% 24 . Programs produced by local resi-t dents? 7% 29% 28% 33% 3% 25 . Local talent? 5% 27% 30% 35% 3% 26 . Talk shows involving the commun- ity? 10% 34% 20% 33% 3% 27 . Community information? 17% 49% 12% 21% 3% 28 . Programs about local businesses? 7% 36% 22% 32% 4% I would like to re-read the list and please tell me if you watch these public access programs frequently, occassionally, rarely or never. FRE OCC RAR NEV DKR 11% 24% 27% 37% 0 29 . Local community news programs? 110 240 27a 370 2% 30 . City festivals and celebrations? 7% 25% 22% 43% 2% 31 . Programs produced by local resi- dents? 4% 20% 21% 50% 5% 32 . Local talent? 3% 17% 22% 54% 4% 33 . Talk shows involving the commun- ity? 7% 25% 17% 49% 3% 34 . Community information? 14% 38% 14% 32% 3% 35 . Programs about local businesses? 5% 21% 19% 50% 5% For each of the following types of government access programming on Channel 12 please tell me if you are very interested, some- . what interested, not too interested, or not at all interested in that type of programming. VIN SMI NTI NAA DKR 36 . City council meetings? 32% 33% 10% 24% 1% 37 . School Board meetings? 18% 31% 18% 33% 1% 38 . County Board meetings? 13% 33% 21% 32% 1% 39 . Candidate' s forums at election time? 17% 29% 18% 35% 1% 40 . Truth in taxation hearings? 12% 29% 19% 37% 3% I would like to re-read the list and please tell me if you watch these government access programs frequently, occassionally, rarely or never. 3 II! FRE OCC RAR NEV DKR 41 . City council meetings? 28% 27% 16% 28% 1% 42 . School Board meetings? 14% 22% 20% 43% 2% 43 . County Board meetings? 12% 21% 20% 45% 3% 44 . Candidate' s forum at election time? 13% 19% 20% 45% 3% 45 . Truth in taxation hearings? 6% 18% 19% 55% 2% For each of the following types of educational access programming on Channel 3 , please tell me if you are very interested, somewhat interested, not too interested or not at all interested in that type of programming. VIN SMI NTI NAA DKR 46 . Elementary school events? 9% 22% 20% 48% 1% 47% 0 47 . Secondary school events? 9%0 23% 20% 47� 1-s 48 . School orchestra, band or choir productions? 10% 25% 19% 46% 1% 49 . High school athletic events? 17% 28% 14% 40% 2% 50 . Instructional programs? 11% 27% 16% 44% 3% I would like to re-read the list and please tell me if you watch these educational access programs frequently, occassionally, rarely or never. FRE 0CC RAR NEV DKR 51 . Elementary school events? 7% 14% 15% 62% 3% 52 . Secondary school events? 8% 17% 14% 60% 2% 53 . School orchestra, band or choir productions? 6% 19% 17% 57% 2% 54 . High school athletic events? 15% 21% 12% 51% 2% 55 . Instruction programs? 6% 17% 17% 57% 4% For each of the following types of programming on the Senior and Religious Channel, please tell me if you are very interested, somewhat interested, not too interested, or not at all interested in that type of programming. VIN SMI NTI NAA DKR 56 . Church services? 10% 13% 17% 59% 2% 57 . Church events? 6% 15% 17% 60% 2% 58 . Senior Citizen programming? 4% 8% 20% 66% 3% I would like to re-read the list and please tell me if you watch these Senior and Religious programs frequently, occassionally, rarely or never. 4 411 FRE CC RAR NEV DKR 59 . Church services? 8% 14% 6% 68% 4% 60 . Church events? 6% 12% 8% 71% 4% 61 . Senior citizen programming? 3% 6% 7% 82% 4% 62 . How interested are you in watching VERY INTERESTED 19% informational or educational pro- SOMEWHAT INTERESTED51% gramming concerning your city and NOT TOO INTERESTED21% its activities-- very interested, NOT AT ALL INTERESTED. . 9% somewhat interested, not too in- DON'T KNOW/REFUSED 1% terested, or not at all interested? 63 . Are there any types of local programming not currently offered that you would be interested in watching? (IF "YES, " ASK: ) What would that be? UNSURE, 9%; NONE, 77%; LOCAL HIGH SCHOOL SPORTS, 3%; EVENTS, 3%; GOVERNMENT, 5%; LOCAL SCHOOLS, 2%; SCATTERED, 3% . 64 . How important is local programming VERY IMPORTANT 20% to you -- very important, some- SOMEWHAT IMPORTANT49% what important, not too important, NOT TOO IMPORTANT 25% or not at all important? NOT AT ALL IMPORTANT. . . 5% DON'T KNOW/REFUSED 1% Currently, the cable company operates the community access fac- ility. The Cable Commission is considering operating the access facility to better meet the needs of the community. 65 . Prior to this survey, were you YES 64% aware of the community access NO 34% facility and the services offered DON'T KNOW/REFUSED 2% there? 66 . Have you or any members of your YES 7% household been involved in a pub- NO 90% lic access training class or the DON'T KNOW/REFUSED 3% production of a public access program? IF "YES, " ASK: For each of the following public access service aspects, please rate each of them either excellent, good, only fair, or poor. If you have no opinion, just say so. . . . EXC GOO FAI POO DKR 67 . Quality of the Public Access faclity? 7% 41% 24% 3% 24% 68 . Quality of equipment for public access? 14% 45% 14% 0% 28% 5 . 410 EXC GOO FAI POO DKR 69 . Quality of the training classes? 14% 24% 10% 3% 48% 70 . Helpfulness of staff at the pub- lic access facility? 28% 31% 7% 3% 31% IF "ONLY FAIR" OR "POOR" IN #67-70, ASK: 71 . Could you tell me why you rated that aspect as 7 UNSURE, 13%; POOR FACILITY, 75%; STAFF, 13% . 72 . Would you favor or oppose your FAVOR 40% local Cable Commission operating OPPOSE 17% the Community Access facility? DON'T KNOW/REFUSED43% Moving on 73 . Do you have a personal computer YES 53% at home? NO 47% DON'T KNOW/REFUSED 0% IF "YES, " ASK: For each of the following, please tell me if you use your personal computer for that item. YES NO DKR 74 . Internet access? 65% 33% 1% 75 . Access to other on-line services, such as E-Mail? 64% 34% 2% 76 . Link to other computers with 48%modem? 480 460 5% 77 . Business? 52% 45% 3% 78 . Educational applications? 74% 23% 3% 79 . Do you have access to % y t a computer YES 480 at your workplace? NO 42% DON'T KNOW/REFUSED 2% NOT APPLICABLE 8% IF "YES,," ASK: For each of the following, please tell me if you use your computer at work for that item. YES NO DKR 80 . Internet access? 49% 51% 0% 81 . Access to other on-line services, such as E-Mail? 62% 38% 0% 6 411 YES NO DKR 82 . Internal operations? 81% 18% 1% 83 . Connections with other locations around the state, nation, or world? 54% 45% 1% 84 . Videoconferencing? 12% 85% 3% The cable company is considering offering some new advanced cable services . If the service were available, please tell me for each one, if you would subscribe for that service for your home, busi- ness, or both. If you are not interested in the service, just say so HOM BUS BOT NOT DKR 85 . Internet access? 20% 2% 8% 60% 10% 86 . Data Transmission? 9% 2% 7% 69% 13% 87 . Computer to Computer networking? 9% 3% 10% 68% 11% 88 . Video conferencing? 5% 4% 5% 75% 12% 89 . Repeats on programs on Demand? 19% 1% 6% 60% 14% 90 . Movies on Demand? 28% 00 4% 57% 12% 91 . Interactive video games? 19% 1% 3% 67% 11% 92 . Local telephone service? 13% 1% 8% 63% 16% 93 . Do you work in Stillwater, Bayport NO 59% or Oak Park Heights? (IF YES, ASK) YES/STILLWATER 27% Which city do you work in? YES/BAYPORT 7% YES/OAK PARK HEIGHTS6% REFUSED 2% Now, I would like to ask you a few more background questions for demographic purposes For each age group, please tell me how many reside in your household. 94 . Adults, over the age of 65? 0, 79%; 1, 10%; 2, 12% 95 . Adults, between the ages of 45 and 65? 0, 53%; 1, 18%; 2+, 29% 96 . Adults, between the ages of 18 and 44? 0, 37%; 1, 23%; 2, 35%; 3+, 6% 97 . Children, between the ages of 12 and 18? 0, 77%; 1, 15%; 2+, 8% 98 . Children, under the age of 12? 0, 77%; 1, 12%; 2, 9%; 3+, 3% 99 . Do you own or rent your current OWN 89% residence? RENT 11% 7 • 100 . What is Al! age, please? 18-24 7% (READ CATEGORIES, IF NEEDED) 25-34 13% 35-44 26% 45-54 20% 55-64 13% 65 AND OVER 21% Thank you for your time . Good-bye. 101 . Area STILLWATER 71% BAYPORT 12% OAK PARK HEIGHTS 18% 102 . Gender (DO NOT ASK) MALE 49% FEMALE 51% • • • D@cis!on Resources Ltd. EXECUTIVE SUMMARY I Central Saint Croix Valley Cable Commission Study Methodology: • Survey of 400 randomly selected subscribers of King Videocable. • Average interview time of twenty-one minutes for subscribers. • Telephone interviews completed between September 18 and 26, 1997. • Results projectable to the universe of cable television subscribers within f 5.0 percent in. 95 out of 100 cases. Subscriber Demographics: Household characteristics: • Twenty-two percent of the households contained senior citizens. • Forty-seven percent contained adults between the ages of 45 and 64 years old. • Sixty-three percent contained adults between the ages of 18 and 44 years old. • Twenty-three percent reported children between the ages of 12 and 18 years old. • Twenty-four percent indicated children under the age of 12 years old. The median adult of age subscribers g o subs rib rs was found to be 46.8 years old. • Twenty percent posted ages less than 35 years old. • Twenty-one percent posted ages over 64 years old. Eighty-nine percent owned their present residences. Women were two percent higher in the sample than men. Forty percent reported working in Stillwater, Bayport, or Oak Park Heights. • Twenty-seven percent worked in Stillwater. • Seven percent worked in Bayport. • Six percent held jobs in Oak Park Heights. City representation in the sample: • Seventy-one percent resided in the City of Stillwater. • Twelve percent lived in the City of Bayport. �. oEC I Vr_1 3128 Dean Court • Minneapolis, Minnesota 55416 • (612) 920-0337 • Fax (612) 929-6166 �! • Central Saint Croix Valley Cable Commission 1997 Residential Study • Eighteen percent lived in Oak Parks Heights. Perspectives on the Cable Company: Eighty percent rated their cable television service as "excellent" or"good." g p g • Twenty percent were more critical. The Cable Company was rated very strongly on five service areas: • Eighty-eight percent rated billing as "excellent"or"good." • Eighty-seven percent similarly evaluated picture and sound quality. • Eighty-seven percent felt positive about installation of service. • Eighty-two percent rated the number of channels available as"excellent"or"good." • Eighty-one percent were positive about customer service. Moderate strong ratings were granted on three dimensions: • Seventy-five percent rated program choices as "excellent"or"good." • Sixty-seven percent similarly rated the restoring of service after an outage. • Sixty-four percent rated service repairs positively. Only one dimension was weak: • Forty-two percent graded rates as "excellent" or"good," while fifty-one percent saw it as rtY p g ftY p "only fair" or"poor." • Lower ratings were based upon the high cost of service for seemingly slow service and little choice. Fifty-five percent rated their cable television service charges in comparison with other services as Y p g p "very high"or"somewhat high." • Forty percent saw it as "average." • Only two percent felt the charges were"somewhat low." Fifty percent had visited the King Videocable Office. • Sixteen percent use the office on a regular basis for dropping off or exchanging equipment and making payments. • Sixty-four percent thought it was "very important"or"somewhat important" to have the local cable office. Eighty-nine percent have experienced technical problems or outages"not too often" or"not at all often. • Eleven percent thought it occurred"very often" or"often." Page 2 1 S • Central Saint Croix Valley Cable Commission 1997 Residential Study Local Programming: Viewership of public access channels varied markedly. • Sixty percent had watched Channel 10 Public Access during the past six months. • Fifty-six percent had tuned in on Channel 12 Government Access. • Forty-one percent had viewed Channel 3, Education Access. • Fourteen percent had viewed Channel 22 Senior/Religious Access. Fifty-eight percent were at least"somewhat interested" in local community news programs. • Thirty-five percent reported occasionally watching this type of programming. Forty-seven percent were either"very interested" or"somewhat interested" in city festivals and celebrations. • Thirty-two percent watched this type of programming "frequently" or"occasionally." Thirty-six percent were at least"somewhat interested" in programs produced by local residents. • Twenty-four percent had at least"occasionally" watched this type of programming. Thirty-two percent were either"very interested"or"somewhat interested" in local talent programs. • Twenty percent had watched this type of show either"frequently" or"occasionally." Forty-four percent expressed interest in talk shows involving the community. • Thirty-two percent had watched this type of show periodically. Sixty-six percent were at least"somewhat interested" in community information. • Fifty-two percent had watched community information productions at least "occasionally." Forty-three percent were either"very interested" or"somewhat interested" in programs about local business. • Twenty-six percent watched either"frequently" or"occasionally." Sixty-five percent were at least"somewhat interested" in telecasts of City Council Meetings. • Fifty-five percent watched these telecasts either"frequently"or"occasionally." Forty-nine percent expressed interest in School Board Meeting telecasts. • Thirty-six percent watched cablecasts at least"occasionally." Page 3 • • Central Saint Croix Valley Cable Commission 1997 Residential Study Forty-six percent were either"very interested" or"somewhat interested" in telecasts of County Board Meetings. • Thirty-three percent watched County Board Meeting telecasts periodically. Forty-six percent were at least"somewhat interested" in telecasts of candidates' forums at election time. • Thirty-two percent reported watching candidates' forums at least "occasionally." Forty-one percent expressed interest in Truth-in Taxation Hearing cablecasts. • Fourteen percent reported watching Hearings either"frequently"or"occasionally." Thirty-one percent were at least"somewhat interested" in telecasts of elementary school events. • Twenty-one percent reported watching these cablecasts periodically. Thirty-two percent were either"very interested" or"somewhat interested" in cablecasts of secondary school events. • Twenty-five percent watched cablecasts at least"occasionally." Thirty-five percent expressed interest in school orchestra, band, or choir production telecasts. • Twenty-five percent watched musical cablecasts either"frequently"or"occasionally." Forty-five percent were at least"somewhat interested" in high school athletic event telecasts. • Sports events were watched at least"occasionally" by thirty-six percent. Thirty-eight percent were either"very interested" or"somewhat interested" in instructional program telecasts. • Twenty-three percent watched instructional program telecasts either"frequently" or "occasionally." Twenty-three percent expressed interest in church service cablecasts. • Twenty-two percent watch services either"frequently" or"occasionally." Twenty-one percent were"very interested"or"somewhat interested" in church event telecasts. • Eighteen percent watched church event telecasts at least"occasionally." Twelve percent were at least"somewhat interested" in senior citizen programming. • Nine percent watched senior citizen programs periodically. Seventy percent were "very interested" or"somewhat interested" in watching informational or education programming about their city and its activities. Page 4 • S Central Saint Croix Valley Cable Commission 1997 Residential Study • Thirty percent were "uninterested." Sixty-nine percent regarded local programming as "very important" or"somewhat important." • Thirty percent rated its importance lower. Community Access Facility: Sixty-four percent reported awareness of the community access facility and the services offered there. Only seven percent indicated household members who had been involved in public access training classes or public access program productions. • Forty-eight percent rated the quality of the public access facility as "excellent"or"good," while twenty-seven percent were more critical. • Fifty-nine percent rated the quality of equipment for public access positively, while fourteen percent rated it negatively. • Thirty-eight percent rated the quality of training classes as "excellent" or"good,"while thirteen percent felt it was "only fair"or"poor." • Fifty-nine percent rated the helpfulness of staff at the public access facility positively, while ten percent rated it lower. Forty percent favored the Cable Commission operating the Community Access Facility. • Seventeen percent opposed the switch in control. • Forty-three percent were unsure. Technology Audit: Fifty-three percent have a personal computer at home. • Sixty-five percent utilized it for internet access. • Sixty-four percent used their computer for access to other on-line services, such as e-mail. • Forty-eight percent employed it as a link to other computers with their modem. • Fifty-two percent used the computer for business purposes. • Seventy-four percent utilized it for educational applications. Forty-eight percent reported access to a computer at their workplace. • Forty-nine percent used that computer for internet access. • Sixty-two percent utilized it for access to other on-line services. • Eighty-one percent used the computer for internal operations. Page 5 • • Central Saint Croix Valley Cable Commission 1997 Residential Study • Fifty-four percent employed it for connections with other locations around the state, nation, or world. • Twelve percent employed the computer for videoconferencing. Interest in subscribing to a number of advanced cable services showed a wide degree of variation: • Thirty percent were interested in internet access, particularly for use at home. • Eighteen percent were interested in data transmission, both at home and at work. • Twenty-two percent would subscribe to computer to computer networking, both at home and at work. • Fourteen percent would use video conferencing services, both at home and at work. • Twenty-six percent were interested in repeats on programs on demand service, especially for use at home. • Thirty-two percent reported interest in movies on demand, particularly for use at home. • Twenty-three percent were interested in interactive video games,particularly for use at home. • Twenty-two percent would subscribe to local telephone service,P p serve , both at home and at work. Page 6 • Central Saint Croix Valley Cable Commission 1997 Residential Study Subscriber Conclusions: 1. King Videocable was generally well-regarded as a service provide. On most quality service dimensions, it exceeded Metropolitan Area norms. 2. Charges were viewed as being somewhat high, and this feeling exceed the general suburban evaluations of current rate structures. 3. Channel 10 Public Access and Channel 12 Government Access posted solid viewership levels. 4. Several types of programming evidenced a large gaps between potential audience and actual audience: "Truth-in-Taxation Hearings,""local community news programs,"and "programs about local businesses." 5. Current public access training facilities and classes were rated below the Metropolitan Area suburban norm. 6. A majority of residents have a personal computer at home, and forty-eight percent have access to one at their place of work. Internet access, e-mail, and educational application were major home uses. Similarly, internal operations, e-mail, and connections with other computers were major workplace uses. 7. The highest levels of interest in new advanced cable services surrounded "movies on demand," "interne access,"and"repeats on programs on demand." Page 7 0 DECISION RESOUR•, LTD. CEAL ST. CROIX VALLEY 3128 Dean Court CABLE COMMISSION Minneapolis, Minnesota 55416 FINAL VERSION NON-SUBSCRIBERS Hello, I 'm of Decision Resources, Ltd. , a nation- wide opinion polling firm located in Minneapolis . We have been retained by the Central St . Croix Valley Cable Commission to speak with a random sample of residents about cable television, services and programs . This survey is being done because King Videocable company wants to renew its franchise next year, and the Cable Commission needs to know the wants and needs of people in the cable franchise area. Only a summary of the entire sample will be reported. 1 . Does your household presently re- YES THANK & TERMINATE ceive cable television? NO CONTINUE 2 . Do you own a satellite dish? YES 7% NO 93% 3 . Is cable service available in your YES 94% neighborhood? NO 4% DON'T KNOW/REFUSED 2% IF "NO, " ASK: 4 . If cable service were avail- YES 30% able, would you subscribe? NO 40% DON'T KNOW/REFUSED30% GO TO QUESTION #9 : 5 . Have you ever subscribed to the YES 44% cable television system serving NO 56% Stillwater, Oak Park Heights and DON'T KNOW/REFUSED 0% Bayport? IF "NO, " ASK: 6 . Could you tell me one or two reasons why you have not subscribed? UNSURE, 5%; COST, 21%; NO TIME, 10%; NO INTEREST, 46%; WOULD WATCH TOO MUCH, 13%; DON'T WANT CHILDREN TO WATCH, 4% . IF "YES, " ASK: 7 . Why did you stop subscribing to cable television? UNSURE, 3%; SATELLITE DISH, 6%; MOVED, 8%; PROBLEMS WITH CABLE COMPANY, 6%; COST, 39%; DID NOT WATCH ENOUGH, 28%; POOR SELECTION, 11% . 1 7.1q, II410 8 . What cFanges, if any, would it take to make y ou con- sider subscribing to cable television again? UNSURE, 7%; NOTHING, 42%; BETTER PROGRAMMING, 5%; LOWER COST, 34%; FREE CABLE SERVICE, 6%; FREE INSTALLATION, 3%; SCATTERED, 3% . Your community has a community access facility which provides local programming, as well as the opportunity to learn how to use studio equipment and make your own program, free of charge . 9 . Prior to this survey, were you YES 54% aware of the community access NO 44% facility and the services offered DON'T KNOW/REFUSED 2% there? 10 . How interested are you in viewing VERY INTERESTED 10% local programming, such as City SOMEWHAT INTERESTED34% Council meetings and local pro- NOT TOO INTERESTED30% gramming -- very interested, NOT AT ALL INTERESTED26% somewhat interested, not too in- DON' T KNOW/REFUSED 0% terested, or not at all interested? The cable company is considering offering some new advanced cable services . If the service available, please tell me for each one, if you would subscribe for that service for your home, business, or both. If you are not interested in the service, just say so HOM BUS BOT NOT DKR 11 . Internet access? 20% 2% 10% 67% 2% 12 . Data Transmission? 6% 2% 4% 79% 9% 13 . Computer to Computer networking? 10% 3% 11% 74% 2% 14 . Video conferencing? 4% 3% 4% 87% 2% 15 . Repeats on programs on Demand? 31% 0% 3% 63% 3% 16 . Movies on Demand? 45% 0% 2% 51% 2% 17 . Interactive video games? 18% 0% 0% 79% 2% 18 . Local telephone service? 14% 0% 5% 68% 12% 19 . Do you work in Stillwater, Bayport NO 64% or Oak Park Heights? (IF YES, ASK) YES/STILLWATER 28% Which city do you work in? YES/BAYPORT 4% YES/OAK PARK HEIGHTS4% 20 . At this time, are you considering YES 10% subscribing or resubscribing to NO 88% cable television? DON'T KNOW/REFUSED 2% Now, I would like to ask you a few more background questions for demographic purposes For each age group, please tell me how many reside in your household. 2 21 . Adults, over 411 110 the age of 65? 0, 82%; 1, 15%; 2, 8% 22 . Adults, between the ages of 45 and 65? 0 , 63%; 1, 18%; 2, 19% 23 . Adults, between the ages of 18 and 44? 0, 39%; 1, 16% : 2, 41%; 3+, 4% 24 . Children, between the ages of 12 and 18? 0, 85% ; 1, 10%; 2+, 5% 25 . Children, under the age of 12? 0, 72%; 1, 10%; 2 , 14%; 3+, 4% 26 . Do you own or rent your current OWN 74% residence? RENT 26% 27 . What is your age, please? 18-24 5% (READ CATEGORIES, IF NEEDED) 25-34 23% 35-44 26% 45-54 20% 55-64 6% 65 AND OVER 19% Thank you for your time . Good-bye . 28 . Area STILLWATER 68% BAYPORT 14% OAK PARK HEIGHTS 17% 29 . Gender (DO NOT ASK) MALE 43% FEMALE 57% 3 Decision Resources Ltd. EXECUTIVE SUMMARY II Central Saint Croix Valley Cable Commission Study Methodology: • Survey of 250 randomly selected subscribers of King Videocable. • Average interview time of seven minutes for non-subscribers. • Telephone interviews completed between September 18 and 26, 1997. • Results projectable to the universe of cable television subscribers within± 6.3 percent in 95 out of 100 cases. Non-Subscriber Demographics: Seven percent owned a satellite dish. Ninety-four percent reported the availability of cable service in their neighborhood • Thirty percent of those in uncablized neighborhoods expressed interest in subscribing. Forty-four percent had subscribed to the local cable television system in the past. Thirty-nine percent stopped because of"cost." Twenty-eight percent "did not watch enough television." Eleven percent pointed to "poor selection." Eight percent"moved." Six percent had"problems with the Cable Company." Six percent"purchased a satellite dish." "Lower cost"might induce thirty-four percent to re-subscribe. Fifty-six percent had not subscribed to the local cable television system in the past. "Lack of interest" was reported by forty-six percent. "Cost"was cited by twenty-one percent. Thirteen percent felt they "would watch too much." "Lack of time" was key for ten percent. Four percent"did not want their children to watch." Pages o�E EIVE[ 3128 Dean Court • Minneapolis, Minnesota 55416 • (612) 920-0337 • Fax (612) 929-6166 . . • Central Saint Croix Valley Cable Commission 1997 Residential Study Ten percent were currently considering subscribing or re-subscribing to cable television. Household characteristics: • Twenty-three percent of the households contained senior citizens. • Thirty-seven percent contained adults between the ages of 45 and 64 years old. • Sixty-one percent contained adults between the ages of 18 and 44 years old. • Fifteen percent reported children between the ages of 12 and 18 years old. • Twenty-eight percent indicated children under the age of 12 years old. The median adult age of subscribers was found to be 43.0 years old. • Twenty-eight percent posted ages less than 35 years old. • Twenty-five percent posted ages over 64 years old. Seventy-four percent owned their present residences. Women were fourteen percent higher in the sample than men. Thirty-six percent reported working in Stillwater, Bayport, or Oak Park Heights. • Twenty-eight percent worked in Stillwater. • Four percent worked in Bayport. • Four percent held jobs in Oak Park Heights. City representation in the sample: • Sixty-eight percent resided in the City of Stillwater. • Fourteen percent lived in the City of Bayport. • Seventeen percent lived in Oak Parks Heights. Community Access Facility and Local Programming: Fifty-four percent reported awareness of the community access facility and the services offered there. Forty-four percent were either"very interested" or"somewhat interested" in viewing local programming, such as City Council Meetings and local programming. • Fifty-six percent registered lower interest levels. Page 9 • • Central Saint Croix Valley Cable Commission 1997 Residential Study Technology Interests: Interest in subscribing to a number of advanced cable services showed a wide degree of variation: • Thirty-two percent were interested in intereet access, particularly for use at home. • Twelve percent were interested in data transmission, both at home and at work. • Twenty-four percent would subscribe to computer to computer networking, both at home and at work. • Eleven percent would use video conferencing services, both at home and at work. • Thirty-six percent were interested in repeats on programs on demand service, especially for use at home. • Forty-seven percent reported interest in movies on demand, particularly for use at home. rt3' P p , P Y • Eighteen percent were interested in interactive video games, particularly for use at home. g p g , P Y • Nineteen percent would subscribe to local telephone service, especially for use at home. II Non-Subscriber Conclusions: 8. Lack of interest and service costs were the two major reasons for not subscribing to King Videocable. Cost and lack of use were the two key reasons for previous subscribers to terminate their cable television service. 9. A lower cost structure could attract back about one-third of the former subscribers. 10. The highest levels of interest in new advanced cable services surrounded"movies on demand," "repeats on programs on demand,"and"internet access. Page 10 • • at, via c/) L a) a) sa (i) ci) C 0 0 - ! C 0 Cd ro 3 --.4"..: (1) a In CO 1 0 I'''. Ct " '.. Q) > ' (1) C ai,) ,.... ,,_,,,,,„,,,,,,,,,„i„.,..,,,, ..„,„..„:„„,-„,,,,,,,,,,,I.,,,,,i,,,,-,,,,,,,,:„:„.,....,„,,,,..„, , „,,,,,,,,„„,,:, ::,‘„,_,,,...,,,,,,,..,, ,--„, oc, ,..,.,,,;„,„.,..,,,,„:,„,,,,,,,,,,40.4 L er ,,-,,,,,,,4,,,,44,*r.,,,,p4,1, ,:,,,,,,,,;,,,,,,=.011,i,4,.,, ,,,i‘;.,4;;;I:.,,,",,,x4.7, k•5_a5 Cf") N 0 O Cr.,,,i 4,.4,1,✓ .. t ,3 t''X C 1,, .*4 ,;.. lqr 0 0 C U . 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(I,) a) cL Z TRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 DEC — l (612) 439-8803 NEEDS ASSESSMENT WORKSHOP THURSDAY, DECEMBER 4 6 P.M. STILLWATER CITY HALL CONFERENCE ROOM To: City Administrators of Stillwater, Bayport & Oak Park Heights We are inviting you to our workshop to give you the opportunity to talk about the upcoming cable franchise renewal and give us any input you may have. Of particular interest to us would be concerning technology - we anticipate that there may be some new services available through your cable service at some point over the next 15 years and we want to be able to get those things if and when they become available. But we need to be able to document community interest. Our phone survey asked residents about a number of technology and computer issues, but the Cities and businesses in our community might very well have an interest in some technological advances as well, such as high speed data transmission and connecting to the Internet (once fiber optics are in place in this area). Also tele- conferencing and videoconferencing. Would your City be interested in any of these possibilities? We look forward to meeting with you. If you are unable to come, perhaps you could send the Commission a letter with your input, or give us a call at 439-8803. Sincerely, Kathy Cinnamon Administrative Secretary Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, WEDNESDAY, NOVEMBER 12, 1997 Call to Order: The meeting was called to order at 7 : 04 p.m. by Mayor Schaaf . Present : Councilmembers Beaudet, Robert, Swenson, and Turnquist . Staff Present : Interim Administrator Holst, City Attorney Vierling, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following was added to the agenda : 1) Set a Public Hearing for a commercial subdivision for the Oak Park Ponds Addition of Oppidan Investment Co. for Tuesday, December 9 at 7 :30 P.M. was added as Item 7 of the Consent Agenda, 2) Councilmember Turnquist added additional comments under the Cable Commission Departmental Reports. Councilmember Swenson, seconded by Beaudet, moved to approve the agenda with changes . Carried 5-0 . Visitors: Theresa Stewart, who lives in Stillwater and drives a school bus for the district, was present with some road concerns . Ms . Stewart said that she would like to see some more communication between the cities and the bus dispatchers about the status of the roads . There was some discussion about the best way to facilitate this request . Staff was directed to contact the dispatch company to inform them that bus drivers should feel free to contact the police department if there are bad road conditions . Staff was also directed to request a map of the bus routes that go through Oak Park Heights, so the police know which roads are a priority. Mike Knutson - of Valley Access Channels, wanted to clear up what he felt was some confusion about what type of programs are broadcast on the public access channel . Knutson said that he felt that the Council was inaccurate when they stated that pro- bridge broadcasts were made more often than views against the proposed bridge. There was discussion about the employees of VAC taping programs that are pro-bridge on VAC time. There was also some discussion about the policy that VAC has about requesting taping of an event . Knutson said that it is a first-come, first- serve policy, and that if there are not enough people to tape, residents are always welcome to check out equipment to tape a meeting. Council stated that they were still uncertain about the policies of VAC and welcomed the Board to come before the Council at a meeting to clear up questions . Department Reports: Parks - Councilmember Robert said that the trail from Swager Park has been paved and that the signs will be put up soon. Cable - Councilmember Turnquist said that the Cable Commission will be meeting on Wednesday, November 19, 1997 . He said that the survey results are finished and they will be discussing refranchising issues . . . ITIFF alley Access Channels Corporate Office 14791 North 60th Street • Stillwater, MN 55082 (612) 430-0074 November 7, 1997 Mayor Dave Schaaf Oak Park Heights City Hall 14168 N. 57th Street Oak Park Heights, MN 55082 1 0 199T Dear Mayor Schaaf ° '1 , I left a message on your beeper message machine Friday, October 31st. On behalf of the Valley Access Channels Board of Directors, I would like to extend to you an invitation to learn more about public access to television. One of our goals at Valley Access Channels is to inform the public about the public access opportunity and explain how Valley Access Channels functions within the community. We've learned one of the best ways to accomplish that goal is to help facilitate the production of a community program.. We at Valley Access Channels would like to help you and/or your City get their messages out to the community. For example, board member, Margot Rheinberger is willing to volunteer her time to help you produce a program about the bridge. She has even come up with a title for you to consider, "Building Bridges - A View From the Other Side." The pro bridge group has seen the value of public access to television and has approached us to get their message out. We want to offer you the same opportunity. Please feel free to contact me at Valley Access Channels at 430-0074 or Margot Rheinberger at 439-4199 to discuss this further. Sincerely, q<a/t4A,_ 'ala4-Ad't-"6'19 Karen Wandmacher Executive Director Valley Access Channels Enclosure C + • • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION MEETING MINUTES October 15, 1997 CALL TO ORDER The regular monthly meeting of the Cable Commission was called to order at 7:40 p.m. by Chairman Ann Bodlovick (Stillwater) at Bayport City Hall. ROLL CALL Gary Talbot (Stillwater), Sharon Ridgway (Bayport), Jerry Turnquist (Oak Park Heights), Doug Bergmann (Oak Park Heights). Also: Dave Magnuson, Karen Wandmacher, Jim Commers, Steve Hanson, 2 representatives from Charter Communications, Don Fixmer and Kathy Cinnamon. APPROVAL OF AGENDA Jerry had some additions: Under Commission Business, add: f. County Commission Concerns, and g. Letter to Commission from Jerry. MOTION by Jerry Turnquist to approve the agenda with the above additions, seconded by Doug Bergmann. MOTION CARRIED. APPROVAL OF MINUTES MOTION by Doug Bergmann to approve the minutes of August 20, 1997, seconded by Gary Talbot. MOTION CARRIED. PUBLIC COMMENT - None OLD BUSINESS 1. Rate increase discussion - Commissioner Talbot feels that the recent rate increase is unwarranted, especially in view of the fact that the company has just been sold. He had questions about why the rate would increase to cover the cable company's costs, but they also increased costs by adding Disney to basic service. The Commission discussed challenging the rate increase by filing a complaint with the FCC. MOTION by Gary Talbot to challenge the rate increase and file Form 329 with the FCC, seconded by Jerry Turnquist. MOTION CARRIED. Dave Magnuson will be filing on behalf of the Commission. NEW BUSINESS 1. King Videocable Company Report - Jim Commers told the Commission that the Cable Company appreciates doing business out here and that he looks forward to renewal. 2. Access Center Report - was received. 3. Valley Access Channels Report - The Corporation stated that they had been • • , �. y 10/15/97 Commission Meeting - Page 2 trying to schedule a meeting with Roy at the Access Center to discuss putting together an equipment list and that he didn't seem to be cooperating on this. The cable company was told to have Roy meet with the Corporation within a week or else the Commission will probably just go with the list the Corporation presents. Steve Hanson indicated that Roy was working on a list for the Company, who would in turn give it to the Corporation. Jim Commers indicated that if the Commission wants Roy to work with the Corporation on the list that it would be ok. The Corporation has 2 openings on their board and will be advertising for members. 4. Cable Commission Business a. Update on Needs Assessment Survey - Decision Resources is done with the phone calls and are tabulating the results. They will be sending out results and also doing a formal presentation. They can come for a presentation on our next meeting night but it has to be at 5:30 p.m. The Commission was ok with this. Kathy will see if Stillwater City Hall is available for November 19th. The Commission will then hold its monthly meeting after the presentation. b. Set up Budget Committee/workshop - Jerry Turnquist, Doug Bergmann and Ann Bodlovick offered to be on the budget committee. Kathy Cinnamon will also be there. A meeting date will be set soon. c. Approval of Transfer to Charter Communications - The Commission received a flow chart regarding the structure of Charter Communications, also a folder of information. Dave Magnuson has been reviewing the transfer application and indicated some concerns about who will be making decisions and whether there would be funds for upgrades. Dave will be meeting with Charter on Friday, October 17th to discuss the issues and give the Commission a recommendation. There were 2 representatives at the meeting from Charter Communications and Mr. Dave Barford spoke a bit about the company. He indicated that Charter Communications is the fastest growing cable company in the country and will be the 8th largest company in the country. The purchase of systems here in Minnesota will represent their largest urban market. ** Letters d. and e. pertain to info obtained at a workshop which Kathy attended at the cable attorney's office.** d. Late Fees - Our cable attorney informed us that there was a case in Baltimore where it was determined that $5.00 late fee is too much to charge customers, which resulted in a court order to refund customers those overpaid funds. The cable attorney is asking his clients if they want an investigation as to whether the $5.00 late fee is legal in Minnesota. MOTION by Jerry Turnquist for the Commission to participate in the research and inquiry into the late fees issue, seconded by Gary Talbot. MOTION CARRIED. e. Gross Revenues - The cable attorney indicated that franchise fees collected from customers are, by Federal Law, supposed to be a line item on the quarterly franchise fees reports and that many cable companies do not do this. Also in question is whether franchise fees, late fees and public access support are being reported in • • 10/15/97 Commission Meeting - Page 3 gross revenues. The cable attorney is asking the cable companies to verify and document this information on behalf of his clients. MOTION by Jerry Turnquist to have the cable attorney look into the gross revenues issues on our behalf, seconded by Gary Talbot. MOTION CARRIED. f. County Commission Concerns - Jerry Turnquist received a complaint from the County Administrator and a County Commission member because a public hearing held by the County Commission on Tuesday, October 7th couldn't be cablecast live in its entirety. The reason why is because a switch needs to be made at the access center for a program to go out live and when this switch was not made, a call was made and there was nobody at the access center. From 4:30 to 5:00 the program could not go out live. The Corporation also reported that on Monday, October 6th that they had a studio shoot to do and that there was nobody around when they needed some technical assistance. The center was open but not staffed. Discussion was that the access center has posted hours of 9 a.m. tog p.m. Monday through Friday and 10-2 on Saturday and that someone is always supposed to be there during those hours. Steve Hanson will look into the matter. g. Jerry's Letter - Jerry Turnquist and the City of Oak Park Heights were very concerned about a trip that Karen Wandmacher and Mike Knutson took to Washington D.C. to tape a hearing about the bridge. The concern was that it appeared that only one side was shown - pro-bridge - and that it was not appropriate to do so. Mike Knutson was the producer and explained that they do programs on a first come, first served basis and that they had not been asked to stay and do a hearing the next day; that they would have if they had been asked. He also indicated that they had done a show previously where they talked with someone from the Sierra Club, who is anti- bridge, so there have been programs on both sides of the issue. CONSENT AGENDA MOTION by Jerry Turnquist to approve Resolutions 97-9-17 and 97-10-15 approving payment of bills/funds transfers, seconded by Gary Talbot. MOTION CARRIED. CORRESPONDENCE Letter received from Washington County Guardian Ad Litem Program, praising local cable tv. AFFIRM NEXT MEETING DATE The next meeting of the Cable Commission will be Wednesday, November 19th at 5:30 p.m. for the presentation of the survey results, followed by the regular meeting, at Stillwater City Hall if available. ADJOURNMENT MOTION by Jerry Turnquist to adjourn, seconded by Gary Talbot. MOTION CARRIED. Meeting was adjourned at 8:57 p.m. Submitted by Kathy Cinnamon, Administrative Secretary • V' • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION MEETING MINUTES PUBLIC HEARING - OCTOBER 15, 1997 es $ 4 gm BAYPORT CITY HALL The public hearing began at 7:04 p.m. with the following people present: Ann Bodlovick, Gary Talbot, Sharon Ridgway, Doug Bergmann, Jerry Turnquist. Also: Dave Magnuson, Karen Wandmacher, Jim Commers, Steve Hanson, 2 representatives from Charter Communications, Don Fixmer and Kathy Cinnamon. The public hearing was held to receive comment on the upcoming cable franchise renewal. The following is a summary of the comments. Karen Rose, Stillwater (School Board member) Karen was involved in public access from the beginning and wishes to keep it. She wants to see the public stay involved in public access and for people to be able to make programs, and she wishes that more people made programs. She appreciates that the school board meetings are cablecast and thinks that it is a real plus to have an access center. Karen. Wandmacher, Stillwater - Exec. Director, Valley Access Channels Karen wants to see the public access center be a communications hub, where people know they can come and share information. She would like to have programming that meets the needs of the people who pay for it; programming that the community can benefit and learn from. Karen feels that there is so much going on in this community, so much to share, but that perhaps there are people who don't use the facility because they feel that they aren't "technologically astute" or don't have the time to take the different classes. She feels that more training is needed, and also expand a bit and have staff available to provide technical help, as well as help with pre- and post production. Karen feels that the community needs to run the facility to better meet the needs of the community and that it will take paid staff to provide technical assistance. Nick Gorski, Stillwater (written comment, attached) Mr. Gorski doesn't see the necessity of having a cable box when we have cable ready tv's. He would like to see cable service delivery improved and simplified. Anita Keyes, Stillwater - Washington County Guardian Ad Litem Program, (written comments, attached) This letter was basically correspondence, but did have comments about local programming so it was also mentioned at the public hearing. Ms. Keyes commented that cable television has helped them recruit volunteers and promote child abuse prevention and community involvement. Some workshops hosted by the Guardian Ad Litem Program were taped by Valley Access Channels • • Cable Commission Public Hearing - 10/15/97 - Page 2 volunteers, to be aired in the St. Croix Valley. Ms. Keyes commented that a number of liiSpams and events have been shown on local public access television and that she considers local cable television to be a valuable resource. Don Fixmer, Stillwater - Government Cablecaster Don would like to see Government Access continue and perhaps be enhanced to full time. He feels that there are other possibilities for government programming besides the regular meetings. He would like to maintain the quality of government programming that he has set the standard for. Doug Bergmann, Oak Park Heights - Commission member Doug does not like the converter box that is used here and would like to get rid of it. Jim Commers, general manager of King Videocable, explained why we have a converter box. Some systems are "non-addressable systems" (without a box) and ours is a "fully addressable system" (with a box). In our system, all of the tiers except Lifeline (lowest level of service) are scrambled and if you receive anything above Lifeline you must have a box. He stated that there are 2 main reasons for the box: 1) to improve security and help prevent stealing of signals, and 2) convenience for the customer. With the box, service can be added and subtracted instantly by making a phone call, whereas in the non-addressable systems, a service call actually needs to be made at the home to make changes, which requires a truck to come out and waiting time. Mr. Commers acknowledged that converters are sometimes a hassle for them too, but they believe that converters will be here for a while yet. The monthly cost for the boxes has gone down to $1.65/month. As far as being able to watch a channel and tape another, Mr. Commers said that typically a person would need to get a second converter box in order to do that. There are also directions available from the company on how to do different things p Y 9 concerning your cable service and your VCR, cable ready tv, etc. The Corporation indicated that they were unable to receive Channel 22 , which is on Lifeline, without a converter (in their office). The cable company will be checking on this. Mike Knutson, Stillwater Valley Access Channels board member Mike stated that it is important to improve public access and the public access facility and get the best technology available. He also feels better equipment is needed. Jerry "Turnquist, Oak Park Heights - Commission Member Jerry stated that the City of Oak Park Heights feels that the cablecasting of City Council meetings is very important and that many people watch the meetings. He also 110 • Cable Commission Public Hearing - 10/15/97 - Page 3 believes it would be good to expand government programming. Jim introduced Dave Barford, who is Senior Vice President of urban markets for Charter Communications. When asked for Charter's view about public access, he indicated that they are aware that the systems here in Central Minnesota really value public access and that it is the main item that distinguishes cable television from satellite dish services. He spoke positively about public access. Written comments for this public hearing will continue to be received for the next 20 days and can be sent to the Commission office at 1941 S. Greeley St. in Stillwater. MOTION to close the public hearing by Gary Talbot, seconded by Sharon Ridgway. MOTION CARRIED. The pubic hearing closed at 7:40 p.m. Submitted by Kathy Cinnamon Administrative Secretary v �`NGTON BOG WWHINGTON C OU'R' 1 Program Manager Guardian Ad Litem Program GOVERNMENT CENTER y o S*' 14900 61ST STREET NORTH,P.O.BOX 6•STILLWATER,MINNESOTA 55082-0006 �57RY.moc�s 612/430-6301 M E M O R A N D U M to: Ann Bodlovick, able Commission from: Anita Keyes cth t " — subject: Recognition of Valuable Community Resource : Cable Television date: October 14, 1997 As the manager of the Washington County Guardian Ad Litem Program, I have seen the significant role cable television has played in getting vital,current events information to the St. Croix Valley communities. Cable television has helped us recruit volunteers,promote child abuse prevention,promote community involvement and educate the members of the communities about the issues facing children and families today. Specific examples to illustrate this follow. The Washington County Guardian Ad Litem Program recently hosted the Minnesota Association of Guardians Ad Litem 1997 Annual Conference. Two hundred child advocates from throughout Minnesota came to Stillwater on October 8, 9 and 10. Panel presentations and workshops were held during the three days.Two of the general sessions and three of the workshops were filmed by our local Cable Television volunteers. These tapes,of interest to members of our community, will be aired in the St. Croix Valley area in the next weeks. They will assist the community at large to identify and understand child abuse and neglect issues,welfare reform and other relevant topics. They will also educate those in the social service,court services, guardian ad litem and legal fields to better do their jobs. Copies of these tapes have already been requested by other people from other parts of the state to be shown in their areas. In April, 1996,the Washington County Guardian Ad Litem Program, in conjunction with the St. Paul Alumnae Chapter of Kappa Alpha Theta, sponsored a Child Abuse Prevention Event. It was advertised as a"gift to the community"and consisted of experts in the field joining local officials to address child abuse prevention in Washington County.The event was taped by the volunteers of the local Cable Television station. This "gift to the community" was able to be shared by a very large audience due to the exposure it received on the cable stations. Our Program has had the opportunity to be featured on three occasions in the past few years on programs that have been shown in the St. Croix Valley area on the Cable TV station.The exposure from these programs has assisted us in recruiting community volunteers to represent the best interests of children involved in court proceedings and has made community members aware of our purpose and efforts. It has also afforded us the chance to promote child abuse prevention and community involvement through volunteering. Cable TV is a valuable resource to our Washington County Guardian Ad Litem Program and to many others in the Central St. Croix Valley area. Thank you to the paid and volunteer staff members and funding sources who make it possible. Tc3)ECEIVE [71 . 30%Post Consumer Waste '•��e Printed on Recycled Paper AN EQUAL OPPORTUNITY j AFFIRMATIVE ACTION EMPLOYER i, .�U - STI'LLWATER CARL• COMMISSION 1941 S . GREELEY STILLWATER , MN 55082 29 AUGUST 1987 DEAR COMMISSIONERS : I WOULD LIKE THIS OPPORTUNITY TO FORMALLY REGISTER SOME COMMENTS REGARDING THE UPCOMING REFRANCHISING OF CABLE SERVICE HERE IN STILLWATER . I WOULD STRONGLY ENCOURAGE THE COMMISSION TO NOT ONLY CONSIDER FINANCIAL MATTERS BUT SOME USER ISSUES . THERE HAS BEEN FOR YEARS NOW ' CABLE - READY ' TVs AND VCRs, I DON ' T SEE ANY REASON FOR THE NECESSITY OF A CABLE BOX AND REMOTE CONTROL . IT CAN ALWAYS BE AN OPTION FOR THOSE WHO NEED IT , BUT WHY SHOULD IT BE MANDATORY CONSIDERING WHAT ' S AVAILABLE IN CONSUMER ELECTRONICS TODAY ? HAVING SPENT A GOOD 15 YEARS IN BROADCAST TELEVISION AND NOW BEING INVOLVED WITH A COMPUTER BASED HOME BUSINESS , ISM NOT TOTALLY NAIVE IN TECHNICAL MATTERS . I HAD SOME CORRESPONDENCE WITH KING CABLE REGARDING THIS , AND THEY CLAIMED IT WAS THE ONLY WAY TO MANAGE SERVICE SELECTION AND PAY CHANNEL VENDING . THE LAST PLACE I LIVED MANAGED WITHOUT THEM . KING CABLE DENIED IT WAS PURELY A RETAIL STRATEGY , AND ISM SURE THEY HAVE A POINT REGARDING SOME TECHNICAL MATTERS . HOWEVER , THEY SHOULD BE HELD ACCOUNTABLE FOR NOT BEING MORE WILLING TO EXPLORE OTHER OPTIONS WHICH WOULD MAKE IT EASIER ON THE VIEWER . WHO NEEDS ANOTHER BOX TO PLUG IN , WHEN ALMOST EVERY TV OR VCR COULD DO THE JOB? USING A SPLITTER I CAN ALSO FEED A VCR DECK AND TAPE A PROGRAM , WHILE WATCHING SOMETHING ELSE ON THE TV . I SIMPLY WANT TO PAY FOR A WIRE AND A CERTAIN SELECTION OF PROGRAMMING . PERHAPS THE CABLE COMMISSION COULD USE THIS RELICENSING TO IMPROVE AND SIMPLIFY CABLE SERVICE DELIVERY . THANK YOU FOR YOUR CONSIDERATION REGARDS NICK GORSKI 406 OLIVE ST WEST STILLWATER , MN 55082 -2- D • *TRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 October 10, 1997 Mike Robertson City Administrator, Oak Park Heights 14168 N. 57th Street Oak Park Heights, MN 55082 Dear Mike, , In the past few months I have forwarded to you some information regarding right of way issues that was formulated by our cable attorney, Tom Creighton. Once again I am forwarding some information on this issue that was sent to us and it was requested that we share it with our municipalities. Sincerely, Kathy Cintamon Administrative Secretary OCT 1 41997 Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown I __ • BERNICK AND LIFSON, P.A. SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL.(612)546.1200 FAX(612)546-1003 L FAX :MORANDU TO: Herrick and Lifson Clients Ms, Jodie Miller, President,MACTA Ms, Barbara Jenetta, Chair, Legislative Committee, MACTA Mr. Torn Grundhoeffer, General Counsel, League of Minnesota Cities FROM: Thomas D. Creighton, Esq., and Robert J. V. Vose, Es. , DATE: Octc ber 6, 1997 SUBJECT: FCC Decision in Troy Case Clients: As you have likely heard, on September 19. 1997 the FCC issued a decision regarding the dispute between the City of Troy, Michigan and the local cable operator, TCI. The cable operator had alleged that a number of provisions of the 1996 Telecommunications Act prevented the City from enforcing certain ordinance and permit requirements regarding the cable operator's provision of non- cable telecommunications services, Transmitted herewith please find a summary of the FCC's decision prepared by the National Association of Telecommunications Officers and Advisors (NATOA). In sum, the FCC determined that Troy could adopt and enforce requirements regarding use and management of its rights-of-way. However,the FCC also determined that the City could not use its rab;le,reg ula ory au hority :o condition, manage or regulate use of the right-of-way by the cable operator to provide non-cab - - - • a. •• •' ••- - . - The FCC determined that federal law clearly distinguishes between municipal cable regulatory authority under Title VI of the Cable Act and more general municipal right-of-way management authority embodied in a variety of provisions of the 1 996 Act. It is important to note that there are dramatic differences between the Michigan and Minnesota statutory schemes regarding right-of-way management and telecommunications regulation. The FCC's decision was impacted greatly by Michigan state law. 1 cruMT01,C710 re):LI._LRRI-IG1-0I P • • In Michigan, municipalities are authorized to franchise all users of the rights-of-way including telephone companies and any other providers of telecommunications services including cable operators. In Minnesota, you will recall that the legislature recently enacted legislation which prohibits municipalities frcm requiring franchises for the provision of telecommunications services other than cable service. However, Minnesota municipalities continue to be authorized to franchise all other right-of-way users including cable operators, and water, gas and electric utilities. Tn addition, the state legislature clarified that municipalities may manage use of rights-of-way by all users, including telecommunications providers. In order to exercise this right-of-way management authority, municipalities must adopt and enforce a"right-of-way ordinance". We have previously forwarded a version of such ordinance to you for consideration and adoption. The FCC's decision in the Troy case should lQ,affect the authority of Minnesota municipalities to adopt and enforce right-of-way management ordinances. We expect that renewed cable franchises, and any other renewed right-of-way franchises, will reference and require compliance with generally applicable right-of-way manage provisions created by the model ordinance. To the extent that a cable operator seeks to pre vide non-cable telecommunications services, the cable operator will be required to comply with all requirements of the model ordinance. These requirements will be imposed and exercised pursuant to the municipality's general right-of-way management authority under the new Minnesota rate law and lw�,l not be exercised pursuant to such municipality's federal Title VI cable regulatory authority, Accordingly,the Troy decision should not impact the exercise of right-of-way management authority by Minnesota municipalities even when such authority is exercised with respect to a cable operator providing telecommunications services. We request that those clie:-its that represent multiple municipal jurisdictions forward this to each respective jurisdiction, In addition, please feel free to forward this information to any other interested persons. Do n)t hesitate to contact us with any questions about this or any other telecommunications issue. C;\VOSEYFROY.MMI 2 11 /B297 19:4Z oTUA—>Cre ighton, Esq. ,Thomas 881 MMEMORAINDUM TO; NATOA Members FROM: Eileen E. Huggard, Executive Director DATE: October 2, 1997 SUBJECT: FCC's Troy Decision; NATOA's Position on Rising Cable Rates As many of you undoubtedly know, the kederat ('ommunications Commission recently issued its order in the so-called "Troy"proceeding. Mark Van Bergh, an attorney who represented the City of Troy in the proceeding. prepared for NATOA a summary of the FCC's decision. The summary, reprinted glow, describes both the actions that the FCC took and thole actions that it decided not to take in response to TCI's request for relief. and analyzes the impact of the decision on local government right-of-way management plans, A copy cf a press release that we issued last week also follows. The press release announces that NATOA shares the concern of the Consumers Union and the Consumer Federation of America over rising cable rates, Please let us know if you need any further information concerning these matters. FCC ISSUES RULING IN TROY CASE: LEAVES CITY'S TELECOMMUNICATIONS ORDINANCE IN PLACE hr..Alark I'nit Bergh On September 19, 1997, the FCC issued its long awaited ruling in the TCl/Troy case, in which TCI requested the FCC to preempt the city's Telecommunications Ordinance. The FCC in large part denied TCI's request and left in place the Ordinance, which requires any telecommunications service provider using the city's rights-of-way to first obtain a franchise, if it is transacting business in the city. or a license if it is providing service outside the city. The FCC found that TCI and its supporters failed to demonstrate that Troy's Ordinance prohibited or effectively prohibited TCI or any entity from providing telecommunications service in the city. Thus. the FCC concluded that there was no showing that the Ordinance violated Section 253(a) of the ('ommurications .Act. Although the FCC's ruling is mostly a victory for Troy. the FCC did find that the city violated the Communications Act in one limited respect. The city had placed a condition on two construction permits issued to TCI for the installation of new or upgraded cable television facilities in the city's rights-of-way, Because the city was concerned that TCI might use these facilities for purposes other than are permitted in TCI's cable franchise, the condition on the Permits precluded the use of the facilities for telecommunications until TCI obtained any needed legal consen!s to provide such service (Le,,. TCl needed to comply with existing law before using the facilities to provide te'ecommunications service). The FCC concluded that this condition violated Section 621(1)0)(B) of the Act because it intermixed the city's cable franchising authority and telecommunications regulation. This aspect of the decision is not, however, expected to have much impact in Troy because the legal requirements with which TCI needs to comply remain in effect. The case has received wide-spread notoriety because it raised a number of important issues involving local government authority to manage and receive fair and reasonable compensation for the use of the public rights-of-way, and the extent to which a local government could require telecommunications service providers. including existing cable operators, to obtain a franchise or similar authorisation before providing telecommunications service. TCI lrgued that because it already had a right to use the city's rights-of-way under a cable franchise. Troy could not require TCI to obtain a separate telecommunications franchise. TCI also challenged the annual right-of-way fee assessed by Troy(the service provider's choice of 5%of gross revenue or a per linear foot charge of$.40 for underground and $.25 for above-ground facilities), and certain other provisions of the Ordinance, Other issues included the FCC's authority to review or rule on the scope of a city's right-of- 18/82/97 19:43 I'IATOA->Creighton, Esq.,Thomas 882 • • • way management authority, and tie extent to which the FCC can preempt the exercise of that authority. The FCC declined to rule on these specific issues because, it believed, its other rulings resolved the dispute between TCI and the city. The FCC's decision is a farrow one, based on the specific facts of the case. As a result, the decision provides little guidance as to how the FCC intends to approach many of the specific issues raised. The FCC did state, however, that if a party challenges a local ordinance or legal requirement under the Act, that party has the burden of proving that the challenged ordinance or requirement is a prohibition or effective prohibition on entry under Section 253(a), and that is is not within the authority reserved to states and local governments under Sections 253(b)and 253(c). Although the decision is generally a victory for Troy, in it the FCC fails to recognize the distinction between a city's exercise of its cable franchising authority and management over the use of its rights-of-way. The FCC seems to view the process of issuing a permit to engage in construction in the rights-of-way as a function of a local government's franchising authority rather than right-of-way management. This may be of potential significance as local government=r consider, adopt and implement telecommunications ordinances and right-of- way management plans. In the erd, although the FCC has left Troy's Ordinance intact. the tone and language of the decision reveals only a begruc;ging admission from the FCC that local governments have a legitimate role in telecommunications regulation and right-of-way management, and that the exercise of that authority is consistent with the Communications Act, Mark Von Bergh may be reachefl by telephone at (2021 496-2371 or by e-mail at cbpholowlainicom.com, His address is 1130 Connecticut Avenue, N.W.. Suite 1100, Washington, L.(,', :fXl36. September 25. 1997 FOR IMMEDIATE RELEASE Contact: Eileen E. Huggard 703-506-3275, ehuggardtnmatoa.org NATOA Shares Consumer Groups Concern over Cable Television Rate Increases NATOA today announcet. that it shares concern about rising cable rates as reflected in recent statements from the Consumer Federation of America and the Consumers Union. NATOA, the professional association representing local government telecommunications and cable franchise administrators, supports competition as the best means of controlling prices for cable service. "Rates should be deregulated based on the presence of real competition not the promise of competition. and the current rate regulation sys•.em is clearly not meeting the needs of consumers and is overly burdensome for local government,"said Tom Weisner,NATOA"s newly-elected president. It is NATOA's policy to support the orderly transition to an effectively competitive marketplace. „ "Competition is the best regulator of pricing,”said Weisner. 8 p 8. "The competition that everyone thought would be generated in the marketplace since the passage of the Telecommunications Act of 1996 simply hasn't appeared,"said Eileen Huggard, NATOA'.s executive director. The FCC's Chairman, Reed Hundt., in testimony before the House Judiciary Committee on September 24. 1997 described four factors that have influenced rate increases, including inflation, new channels, system upgrades,. and increased programming costs. -.Perhaps we need to provide consumers with new options for controlling their own programming choices, as a means of controlling costs."said Huggard. She suggested that a thorough review of consumer needs be conducted to determine how industry and government can work together to better address consumer concerns in the absentee of effective competition. Sep-22-97 07 : 33A Jerry Turnquist 612 439 7531 P. 02 • • MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN Teri DEscii OFricF. I)UILDINc 333 NoR1II MAIN STREET•SUII'F.#202•P.O. Box 438•STII.r.wArFR. MN 55082 TIir,EPNONI:(612)439-9464•TFLNCOPIER:(612)439-5641 DAVID T. MAGNUSON RICHARD D.ALLEN September 17, 1997 Ms. Kathy Cinnamon Administrative Secretary Central Saint Croix Valley Joint Cable Communications Commission 1941 South Greeley Street Stillwater, MN 55082-6012 Re: Opinion on Ethics Law Dear Kathy: I have read your letter of September 10, 1997, along with the Jerry Turnquist letter of September 9, 1997, and the Mark Vierling opinion of September 4, 1997, with regard to whether the payment of transportation expenses by a lobbyist for a community access employee to attend a meeting in Washington D.C. for the purpose of televising the meeting is a violation of either M.S. §10A.071, which prohibits gifts by lobbyists to public officials, or M.S. §471.895, which prohibits local officials from receiving gifts from any interested person. The issue is whether Karen, as Executive Director of the Public Access Corporation, is a "local official" as defined in M.S. §471.895, Subd. 1(d) or an "official" as defined in M.S. §10A.071, Subd. b. It is my opinion that Karen is neither a "public official" or a "local official" and, therefore, the payment of her expenses by the lobbyist does not violate either statute. The Community Access Corporation was formed as a nonprofit corporation to monitor public access to the cable channels for, among other things, to insulate the government regulatory authority from claims that might be brought against the government for violation of First Amendment rights that could arise with regard to matters of censorship or editorial control. The intended arms length relationship between the Central Saint Croix Valley Joint Cable Communications Commission, the government entity, and the Community Access Corporation, the nonprofit corporation has been apparent any time a content based complaint has been brought to the Joint Cable Communications Commission. While the Cable Commission might voice its concerns over the content of Community Access programming, it is the Community Access Corporation Board of Directors that have the authority to decide these matters. It is, therefore, not only the legal separation that makes Community Access a distinct entity, it is also the tension that exists between Community Access and the Joint Powers Entity that underscores the separation in actual practice. Sep-22-97 07 : 33A Jerry Turnquist 612 439 7531 P_03 • • Kathy Cinnamon Page 2 September 17, 1997 Further, the Community Access Corporation has regularly asked for stipends and the reimbursement for expenses from any person, group or entity that desires local access coverage. This has allowed them to supplement their budget and to increase interest by volunteers who provide much of the person power for local programming. In addition, the Community Corporation and its staff have regularly sought donations from local charities to enhance their budget in order to increase their professionalism and local programming capabilities. Lastly, Karen assures me thafthe policy of the Community Access Board of Directors and the staff is to provide a balanced view of every local issue. They explain that they have also produced a show that involved an official from the National Park Service who voiced strong opposition to the proposed crossing of the St. Croix River at Oak Park Heights. Please feel free to circulate this opinion to those interested. Respectfully, David T. Magn n Attorney for Joint Saint Croix Valley Cable Communications Commission DTM/ds . • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, AUGUST 12, 1997 Call to Order: The meeting was called to order at 7 : 05 p.m. by Mayor Schaaf . Present : Councilmembers Beaudet, Robert, Swenson and Turnquist . Staff Present : City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Engineer Caron, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: PP 4 The following items were added to the agenda: 1)New policies with regard to waste disposal was added to New Business . 2) Scheduling a public hearing for Brackey West Utility assessments was added to New Business . Councilmember Turnquist, seconded by Swenson, moved to approve the agenda as amended. Carried 5-0 . Visitors: There were no visitors . Department Reports: Police - Nothing to report . Parks - Councilmember Robert reported that City has received a $10, 000 grant from the Minnesota DNR for prairie restoration. Last Thursday the Bayport Fire Department did a burn in Valley View Park and the Tree Trust has worked cutting down certain ~\i trees . Councilmember Robert thanked the two groups for their work. Party in the Park - Administrative Intern Mesko reported on the Party in the Park. She reported that the event was successful and that the new children' s events were particularly well received. The Council and Administrator Robertson thanked Mesko for coordinating the event and congratulated her on a job well done. Administration - Administrator Robertson requested that a strategic planning meeting with Bayport be approved for Monday, September 29 at 7 : 00 at Oak Park Heights City Hall . Councilmember Beaudet, seconded by Robert, moved to approve the meeting at said time and location. Carried 5-0 . Cable - Councilmember Turnquist reported that the Cable Commission is in the process of developing a phone survey to get resident input regarding the new cable franchise. Turnquist said questions will include why residents do or do not subscribe to cable, any technology they would like to see available by the cable company, and any suggestions about the use and programming of the local access channels . Turnquist also said that h t th ere will be a public hearing in September and all residents are encouraged to attend and provide comments . Turnquist also requested that residents try to participate in this process so that the Cable Commission will have an accurate gauge of resident priorities when the franchise is being negotiated. • • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION MEETING MINUTES June 18, 1997 Wednesday, u e f' ! AUG 2 81991 CALL TO ORDER The regular monthly meeting of the Cable Commission was called to order at 7:45 p.m. by Vice Chairman Sharon Ridgway (Bayport) at Oak Park Heights City Hall, 14168 N. 57th Street. ROLL CALL Doug Bergmann (Oak Park Heights), Gary Talbot (Stillwater), Jerry Turnquist (Oak Park Heights). Also Present: Gail Leavitt-Bush, Karen Wandmacher, Dave Magnuson, Steve Hanson, Roy Lalime, Don Fixmer, Kathy Cinnamon. AGENDA APPROVAL MOTION by Gary Talbot to approve the agenda with the following additions: Under Commission Business, add letter b. Franchise Bond Cancellation; Under Correspondence, add number 2. Company Response: WGN, 3. Access Expenditure Reports for April & May, 4. Meeting with Charter Communications. MOTION SECONDED by Jerry Turnquist. MOTION CARRIED. MINUTES APPROVAL MOTION by Jerry Turnquist to approve the minutes of 5/21/97, seconded by Gary Talbot. MOTION CARRIED. PUBLIC COMMENT - None OLD BUSINESS 1. Company Response - Name Change: Gary feels that the Company's failure to make the requested name changes to Valley Access Channels shows that the company isn't being responsive to the community's needs and that we should table the issue until the new franchise. The Corporation feels that control issues have really surfaced in the past year or 2, in that things that used to be called Valley Access Channels are being changed to King Videocable. Steve Hanson spoke about the Company's sensitivity to who controls the studio is based on some problems and the law suit that happened a few years ago. He also stated that King Videocable believes that they are in full compliance of the franchise and that they believe that the Access Center is well run and is a good facility. • f • r. Commission Meeting 6/18/97 - Page 2 MOTION by Gary Talbot to table the name change issue until we negotiate the new franchise, seconded by Doug Bergmann. MOTION CARRIED. Doug Bergmann stated that it doesn't seem that King staff is being compatible in dealing with the complaints and issues that the Corporation brings up at meetings and feels that there is a lack of cooperation. He stated that he hopes that when these issues come up that the Commission will investigate them. Some of these issues include the lack of extra light bulbs and Super VHS tapes at the access center. Valley Access Channels Sign - The Corporation spent approximately $200-$300 on a marquis sign which used to be displayed in front of the Greeley Square Building. They state that the sign was taken down; they don't know where it is but would like it back. There was some discussion about whether the sign was purchased with escrow funds. Steve Hanson will look into these issues and get back to the Commission. 2. Company Response: I-Net Service to Stillwater High School - There was much discussion about this in terms of what the franchise says about institutional hookups, what the Social Contract Amendment says about hooking up schools, and a former bid on I-Net service to the high school, which was $40,572 in 1993. The high school does have sub-net service which allows them to receive cable programming, but they elected not to get the I-Net in 1993, most likely because of the cost. The Social Contract amendment states that for hooking up the schools that the cable company will provide up to 200 feet and beyond that that they will do it at cost. There was some discussion about the wording in the franchise which states that the high school will be hooked up; but now that the high school has moved to a different location, is the company obligated to hook it up? Not certain of the answer. Dave Magnuson suggested visiting this issue again at ref ranchising. Gary Talbot will contact tha high school and school board to see if there is an interest in getting hooked up to the I-Net. Steve Hanson will get a written bid and cost breakdowns on getting I- Net service for the high school. In a later discussion on this issue, Dave Magnuson read sections 406 and 506 of the franchise which talks about hooking up all institutions within the mapped area and that this would include areas which were annexed later; so it would appear that the obligation to service institutions is detailed in the franchise. Steve Hanson pointed out that there is a difference between I-Net and sub-net and that the I-Net service would not be provided for the whole service area; so he believes that the language in the franchise would refer to sub-net service, which is basic cable service, as opposed to high speed transmission (live)service. Dave Magnuson will be sending a letter to the company on this issue. 3. Computer Quotes for Access Center - There was discussion about the fact that Jack Wennberg's computer proposal had not been approved by the Corporation board. Sharon Ridgway expressed concerns that it appears that the computer being proposed is more high-tech than what would be needed at the access center. She f • • Commission Meeting 6/18/97 - Page 3 also had concerns about the Internet issue and how King would handle that, and she also wants to know that equipment in the access center, including a computer, would remain in the access center at the end of the franchise and not be taken away by the cable company. Sharon suggested that we need to have further discussion on the computer issue and investigate the type of equipment being proposed, and have a possible re-vote on the issue when we have the full Commission present. MOTION to table the computer issue until the next meeting or until further information is obtained, by Doug Bergmann, seconded by Sharon Ridgway. Vote: Gary, Doug, Sharon voted AYE, Jerry voted No. 3/1 in favor, MOTION CARRIED. NEW BUSINESS 1. King Videocable Company Report - Steve Hanson anounced that a purchase agreement had been signed and that the new owner of the local US West systems would be Charter Communications, based in St. Louis. We should be receiving the 394 notice sometime in July, which is the formal notification of the franchise transfer. Closing date may be in January, depends on getting needed approvals. As for the Stillwater High School issue, Mr. Hanson stated that the high school is on the subnet and can get cable programming in the classrooms. 2. Access Center Report - Doug asked Roy for clarification about camcorder checkouts vs. programs received as a result of those checkouts. Roy stated that they do keep tabs on the usage of equipment and getting programs in return. 3. Corporation Report - The Corporation gave Commission members a packet regarding the equipment purchased with escrow dollars issue. They state that their accountant still feels that the equipment belongs to the Corporation. Karen Wandmacher and Ann Bodlovick had a meeting with Steve Hanson and Kathi Donnelly Cohen about this situation and didn't get the issue resolved. Dave Magnuson stated that any equipment purchased by the Corporation belongs to the Corporation but is dedicated to public use. Steve Hanson stated that the Company's position is that anything bought with escrow funds belongs to the Cable Company. The Corporation insists that escrow funds were gifted to the Corporation and that the equipment in question is theirs, has been on their books for a number of years and that they have insured it also. The Corporation board will probably request that the Commission direct King to take the equipment off their books. Steve will talk with Jim Commers about this issue again and Dave Magnuson will be sending a letter to the cable company on this issue. Corporation Business Plan - Karen read the Corporation's new mission statement, as written in their Annual Report, and also reported programming being worked on at this time. At a recent workshop, the purpose of the Corporation was • Commission Meeting 6/18/97 - Page 4 redefined - their purpose will be to promote access in the community and do programming, and not monitor and evaluate the access center or staff. If anyone from the Corporation has a complaint about the access center, it should be written up and given to the Commission. Gary Talbot asked for feedback from the Corporation board on the workshop suggestions and to submit the responses to the Commission. He also suggested that the Corporation make a revised/new business plan. 4. Cable Commission Business a. Needs Assessment - Rough draft surveys were given to Commission members and our attorneys to review. Tom Creighton indicated in a letter to the Commission that he's not certain that any needs would be assessed based on those questions. Kathy will contact him to see what direction we should take now, and probably have another workshop. It was suggested that Tom might contact Decison Resources with his suggestions, or we might have a workshop with the Commission, Tom Creighton and Decision Resources again. b. Franchise Bond Cancellation - This is old paperwork that needs to be taken care of, and the Commission can sign off on it once a new franchise bond is in place. Signature was obtained and Kathy will date and mail it once we get the new bond. This is still part of the US West Transfer documents. MOTION by Jerry Turnquist to authorize the cancellation of the franchise bond once we get the new bond, seconded by Doug Bergmann. MOTION CARRIED. CONSENT AGENDA MOTION by Jerry Turnquist to approve resolution 97-6-18 approving payment of bills/funds transfer, seconded by Doug Bergmann. MOTION CARRIED. CORRESPONDENCE 1. Company Response - WGN - Letter stated WGN will stay on expanded tier but is available a la carte for 80 cents a month. Mr. Hanson stated that tiers are approved by the FCC and that WGN & TBS could be tiered as long as they are also available on an a la carte basis. Dave Magnuson stated that tiers were formed in 1993 and there have been lots of changes. Suggested that if we need more help on this issue that we ask for Mr. Creighton's input, or just wait and discuss again as part of refranchising. 2. Access Expenditure Reports, April & May - were received and will be reviewed. 3. Meeting with Charter Communications - Bernick & Lifson (Tom Creighton's office) will have a meeting on June 26th with some representatives from Charter Communications. Commission members can RSVP if they want to attend. ♦. • • Commission Meeting 6/18/97 - Page 5 AFFIRM NEXT MEETING DATE There will be no regular meeting in July. Next meeting date will be Wednesday, August 20th at 7:30 p.m. We'll try Stillwater if available, otherwise Bayport. ADJOURNMENT MOTION by Doug Bergmann to adjourn the meeting at 9:20 p.m., seconded by Jerry Turnquist. MOTION CARRIED. Submitted by Kathy Cinnamon Administrative Secretary • • Enclosure D CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION MEETING MINUTES c=3- —I i1� Wednesday, June 18, 1997 JUN 2 5 I9gT CALL TO ORDER The regular monthly meeting of the Cable Commission was called to order at 7:45 p.m. by Vice Chairman Sharon Ridgway (Bayport) at Oak Park Heights City Hall, 14168 N. 57th Street. ROLL CALL Doug Bergmann (Oak Park Heights), Gary Talbot (Stillwater), Jerry Turnquist (Oak Park Heights). Also Present: Gail Leavitt-Bush, Karen Wandmacher, Dave Magnuson, Steve Hanson, Roy Lalime, Don Fixmer, Kathy Cinnamon. AGENDA APPROVAL MOTION by Gary Talbot to approve the agenda with the following additions: Under Commission Business, add letter b. Franchise Bond Cancellation; Under Correspondence, add number 2. Company Response: WGN, 3. Access Expenditure Reports for April & May, 4. Meeting with Charter Communications. MOTION SECONDED by Jerry Turnquist. MOTION CARRIED. MINUTES APPROVAL MOTION by Jerry Turnquist to approve the minutes of 5/21/97, seconded by Gary Talbot. MOTION CARRIED. PUBLIC COMMENT - None OLD BUSINESS 1. Company Response - Name Change: Gary feels that the Company's failure to make the requested name changes to Valley Access Channels shows that the company isn't being responsive to the community's needs and that we should table the issue until the new franchise. The Corporation feels that control issues have really surfaced in the past year or 2, in that things that used to be called Valley Access Channels are being changed to King Videocable. Steve Hanson spoke about the Company's sensitivity to who controls the studio is based on some problems and the law suit that happened a few years ago. He also stated that King Videocable believes that they are in full compliance of the franchise and that they believe that the Access Center is well run and is a good facility. • • Commission Meeting 6/18/97 - Page 2 MOTION by Gary Talbot to table the name change issue until we negotiate the new franchise, seconded by Doug Bergmann. MOTION CARRIED. Doug Bergmann stated that it doesn't seem that King staff is being compatible in dealing with the complaints and issues that the Corporation brings up at meetings and feels that there is a lack of cooperation. He stated that he hopes that when these issues come up that the Commission will investigate them. Some of these issues include the lack of extra light bulbs and Super VHS tapes at the access center. Valley Access Channels Sign - The Corporation spent approximately $200-$300 on a marquis sign which used to be displayed in front of the Greeley Square Building. They state that the sign was taken down; they don't know where it is but would like it back. There was some discussion about whether the sign was purchased with escrow funds. Steve Hanson will look into these issues and get back to the Commission. 2. Company Response: I-Net Service to Stillwater High School - There was much discussion about this in terms of what the franchise says about institutional hookups, what the Social Contract Amendment says about hooking up schools, and a former bid on I-Net service to the high school, which was $40,572 in 1993. The high school does have sub-net service which allows them to receive cable programming, but they elected not to get the I-Net in 1993, most likely because of the cost. The Social Contract amendment states that for hooking up the schools that the cable company will provide up to 200 feet and beyond that that they will do it at cost. There was some discussion about the wording in the franchise which states that the high school will be hooked up; but now that the high school has moved to a different location, is the company obligated to hook it up? Not certain of the answer. Dave Magnuson suggested visiting this issue again at ref ranchising. Gary Talbot will contact tha high school and school board to see if there is an interest in getting hooked up to the I-Net. Steve Hanson will get a written bid and cost breakdowns on getting I- Net service for the high school. In a later discussion on this issue, Dave Magnuson read sections 406 and 506 of the franchise which talks about hooking up all institutions within the mapped area and that this would include areas which were annexed later; so it would appear that the obligation to service institutions is detailed in the franchise. Steve Hanson pointed out that there is a difference between I-Net and sub-net and that the I-Net service would not be provided for the whole service area; so he believes that the language in the franchise would refer to sub-net service, which is basic cable service, as opposed to high speed transmission (live) service. Dave Magnuson will be sending a letter to the company on this issue. 3. Computer Quotes for Access Center - There was discussion about the fact that Jack Wennberg's computer proposal had not been approved by the Corporation board. Sharon Ridgway expressed concerns that it appears that the computer being proposed is more high-tech than what would be needed at the access center. She • • Commission Meeting 6/18/97 - Page 3 also had concerns about the Internet issue and how King would handle that, and she also wants to know that equipment in the access center, including a computer, would remain in the access center at the end of the franchise and not be taken away by the cable company. Sharon suggested that we need to have further discussion on the computer issue and investigate the type of equipment being proposed, and have a possible re-vote on the issue when we have the full Commission present. MOTION to table the computer issue until the next meeting or until further information is obtained, by Doug Bergmann, seconded by Sharon Ridgway. Vote: Gary, Doug, Sharon voted AYE, Jerry voted No. 3/1 in favor, MOTION CARRIED. NEW BUSINESS 1. King Videocable Company Report - Steve Hanson anounced that a purchase agreement had been signed and that the new owner of the local US West systems would be Charter Communications, based in St. Louis. We should be receiving the 394 notice sometime in July, which is the formal notification of the franchise transfer. Closing date may be in January, depends on getting needed approvals. As for the Stillwater High School issue, Mr. Hanson stated that the high school is on the subnet and can get cable programming in the classrooms. 2. Access Center Report - Doug asked Roy for clarification about camcorder checkouts vs. programs received as a result of those checkouts. Roy stated that they do keep tabs on the usage of equipment and getting programs in return. 3. Corporation Report - The Corporation gave Commission members a packet regarding the equipment purchased with escrow dollars issue. They state that their accountant still feels that the equipment belongs to the Corporation. Karen Wandmacher and Ann Bodlovick had a meeting with Steve Hanson and Kathi Donnelly Cohen about this situation and didn't get the issue resolved. Dave Magnuson stated that any equipment purchased by the Corporation belongs to the Corporation but is dedicated to public use. Steve Hanson stated that the Company's position is that anything bought with escrow funds belongs to the Cable Company. The Corporation insists that escrow funds were gifted to the Corporation and that the equipment in question is theirs, has been on their books for a number of years and that they have insured it also. The Corporation board will probably request that the Commission direct King to take the equipment off their books. Steve will talk with Jim Commers about this issue again and Dave Magnuson will be sending a letter to the cable company on this issue. Corporation Business Plan - Karen read the Corporation's new mission statement, as written in their Annual Report, and also reported programming being worked on at this time. At a recent workshop, the purpose of the Corporation was f • • . Commission Meeting 6/18/97 - Page 4 redefined - their purpose will be to promote access in the community and do programming, and not monitor and evaluate the access center or staff. If anyone from the Corporation has a complaint about the access center, it should be written up and given to the Commission. Gary Talbot asked for feedback from the Corporation board on the workshop suggestions and to submit the responses to the Commission. He also suggested that the Corporation make a revised/new business plan. 4. Cable Commission Business a. Needs Assessment - Rough draft surveys were given to Commission members and our attorneys to review. Tom Creighton indicated in a letter to the Commission that he's not certain that any needs would be assessed based on those questions. Kathy will contact him to see what direction we should take now, and probably have another workshop. It was suggested that Tom might contact Decison Resources with his suggestions, or we might have a workshop with the Commission, Tom Creighton and Decision Resources again. b. Franchise Bond Cancellation - This is old paperwork that needs to be taken care of, and the Commission can sign off on it once a new franchise bond is in place. Signature was obtained and Kathy will date and mail it once we get the new bond. This is still part of the US West Transfer documents. MOTION by Jerry Turnquist to authorize the cancellation of the franchise bond once we get the new bond, seconded by Doug Bergmann. MOTION CARRIED. CONSENT AGENDA MOTION by Jerry Turnquist to approve resolution 97-6-18 approving payment of bills/funds transfer, seconded by Doug Bergmann. MOTION CARRIED. CORRESPONDENCE 1. Company Response - WGN - Letter stated WGN will stay on expanded tier but is available a la carte for 80 cents a month. Mr. Hanson stated that tiers are approved by the FCC and that WGN & TBS could be tiered as long as they are also available on an a la carte basis. Dave Magnuson stated that tiers were formed in 1993 and there have been lots of changes. Suggested that if we need more help on this issue that we ask for Mr. Creighton's input, or just wait and discuss again as part of refranchising. 2. Access Expenditure Reports, April & May - were received and will be reviewed. 3. Meeting with Charter Communications - Bernick & Lifson (Tom Creighton's office) will have a meeting on June 26th with some representatives from Charter Communications. Commission members can RSVP if they want to attend. • Commission Meeting 6/18/97 - Page 5 AFFIRM NEXT MEETING DATE There will be no regular meeting in July. Next meeting date will be Wednesday, August 20th at 7:30 p.m. We'll try Stillwater if available, otherwise Bayport. ADJOURNMENT MOTION by Doug Bergmann to adjourn the meeting at 9:20 p.m., seconded by Jerry Turnquist. MOTION CARRIED. Submitted by Kathy Cinnamon Administrative Secretary b + Enclosure 4 • • MEMO Date: June 5, 1997 To: Mayor & Council From: Melanie Mesko, Intern Re: Cable Rates Oak Park Heights-King Video Cable *No information at this time about cable subscription numbers Lifeline-$8.17 installation: Local TV channels plus Public Access, C-Span 1 & 2, Government Access, Pay-Per-View Information Basic-$16.40 per month + $8.17 installation: Lifeline channels plus Discovery, Nickelodeon, USA, A & E, AMC, MTV, VH-1, Family Channel 5 Channels-$2.55 per month + $6.47 installation: ESPN, Bravo, Travel, WGN, TBS Premium Channels-$4.95 installation with any of these choices: $14.90 per month: HBO & Cinemax $19.95 per month: HBO, Cinemax, Showtime, The Movie Channel $6.95 per month: Showtime OR TMC Afton-King Video Cable *No information at this time about cable subscription numbers Lifeline-$6.47 installation: Local TV channels plus Public and Government Access, C- SPAN 1 & 2, Pay-Per-View Information Basic-$15.15 per month + $6.47 installation: Lifeline channels plus Discovery, Nickelodeon, USA, A & E, AMC, MTV, VH-1, Family Channel, plus others 5 Channels-$2.55 per month + $6.47 installation: ESPN, Bravo, Travel, WGN, TBS Premium Channels-$4.95 installation with any of these choices: $14.90 per month: HBO & Cinemax $19.95 per month: HBO, Cinemax, Showtime, TMC $6.95 per month: Showtime OR TMC Woodbury-King Video Cable No information at this time about cable subscription numbers Basic-4 Levels 1. Lifeline-$7.98 per month: Local TV channels plus Public and Government Access, C- SPAN 1 & 2 2. Basic-$27.05 per month: 28 Channels; Lifeline channels plus Discovery, Nickelodeon, USA, A & E, AMC, MTV, VH-1, Family Channel, and others 3. Expanded-$29.90 per month: Lifeline, Basic, plus WGN, TBS, ESPN2, Travel, and Bravo Channels 4. Plus-$35.44 per month: Lifeline, Basic, Expanded, plus Sci-Fi, TCM, Encore, Independent Film Channel Movie Channels-$10.95 per month each: HBO, Showtime, TMC, Cinemax, or Disney Movie Channel Packages- $14.90 per month: HBO & Cinemax OR Disney $19.95 per month: 4-Star- HBO, TMC, Showtime, Disney • i • Cable Rates - 2 Forest Lake-Citation Cable *4,385 subscribers Basic-$25.50 per month + installation (price varies): Local TV channels plus 44 other channels; Public and Government Access, C-SPAN 1 & 2, Discovery, Nickelodeon, USA, A & E, AMC, MTV, VH-1, Family Channel, FNN, E!, History, H & G, TLC, Lifetime, TNT, Sci-Fi, CMT, Cartoon Network, WGN, Comedy, MSC, ESPN 1 & 2, and others Movie Channels-$9.95 per month separately: Cinemax, HBO1, HBO2, Disney Premium Channels-$14.95 per month + installation: Choice of: Cinemax OR Disney + HBO1 & HBO2 Installation Rates: $54.95: New installation; underground $29.95: New installation; aerial $19.95: Existing cable connection; hook-up Oakdale-Meredith Cable *130,000 subscribers for entire area served; includes Maplewood, Eagan, Burnsville, Anoka, Blaine, Champlin, among others Basic-$12.47 per month + 19.95 installation: Local TV channels plus Public and Government Access, C-SPAN 1 & 2, WGN, TBS, Bravo, Animal Basic Preferred-$33.50 per month + $9.95 installation: All basic channels plus 55 channels: CNN, USA, MSC, ESPN 1 & 2, History, and others Gold Star-$49.05 per month + $4.95 installation: All basic and basic preferred channels plus 2 movie channels Gold Star 3-$54.65 per month + $4.95 installation: All basic and basic preferred channels plus 3 movie channels • • Cable Rates - 3 CABLE RATES Lifeline Basic Premium Oak Park $8.17 $16.40+$8.17 1-$6.95 $2 s $2.55 for 14.90 h Hei r 2- gt 0 $ additional 5 3-$19.90 Afton $6.47 $15.15+$6.47 1-$6.95 $4.95 for 2-$14.90 additional 5 3-$19.95 Woodbury $7.98 $27.05 1-$6.95 $29.90-expanded 1-$14.90 $35A4-plus 4-$19.95 Forest Lake N/A $25.50 1-$9.95 3-$14.95 Oakdale $12.47+$19.95 $33.50+$9.95 $49.05-Gold Star $54.65-Gold Star 3 Enclosure D • • CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISS • ► nnS MEETING MINUTES D �� May 21, 1997 MAY 3 0 199T CALL TO ORDER Vice-Chairperson Sharon Ridgway (Bayport) called the regular meeting of the Cable Commission to order at 7:35 p.m. at Bayport City Hall. ROLL CALL Gary Talbot (Stillwater), Doug Bergmann (Oak Park Heights) and Jerry Turnquist (Oak Park Heights). Also Present: Roy Lalime, Dave Magnuson, Steve Hanson, Karen Wandmacher, Don Fixmer, Kathy Cinnamon. AGENDA APPROVAL Kathy added 2 items to the agenda: Under Commission Business add: f. Needs Assessment Update; and under Correspondence add: 4a. Interim Right of Way Agreement. MOTION by Gary Talbot to approve the agenda with the above additions, seconded by Jerry Turnquist. MOTION CARRIED. MINUTES APPROVAL MOTION by Gary Talbot to approve the minutes of April 16, 1997, seconded by Doug Bergmann. MOTION CARRIED. PUBLIC COMMENT - None OLD BUSINESS 1. Company Response to Name Change: Dave Magnuson had sent a letter to the Company on behalf of the Commission directing that the Access Center, channels, etc. have the name of Valley Access Channels; the Company responded with a letter indicating an unwillingness to do this, saying they feel it would be confusing to change the name. Gary requested that the Commission make this request for name change a second time. Steve Hanson stated that Jim Commers felt that the Company's position on this issue was adequately stated in Kent Leacock's letter; however Mr. Hanson indicated that he would talk with Jim about this again. MOTION by Gary Talbot to make a second request to King Videocable Company to make the requested name change, seconded by Jerry Turnquist. MOTION CARRIED. Kathy will prepare a letter. NEW BUSINESS 1. King Videocable Company - Steve Hanson stated that the April access report I • • 5/21/97 Commission Meeting - Page 2 is not in from Chicago yet. He mentioned that a request has been put in for a full FY 76 report on access expenditures, as requested when Kent Leacock was still here. Mr. Hanson also mentioned that King Video is waiting for a notice that a purchase agreement has been signed (US West selling its local Continental Systems) and that - we will be notified informally and then later with the proper forms. Gary Talbot asked about the hooking up of Stillwater High School to the I-Net so that programming can be done at the studio there. Steve Hanson indicated that he would review the cost figures on that. MOTION by Gary Talbot to request that Stillwater High School be hooked up to the I-Net, seconded by Doug Bergmann. MOTION CARRIED. Kathy to send a letter to the Company. It was also mentioned that we should check to see if the high school is interested in this. 2. Access Center Report - Roy stated that he and Jack Wennberg had met to discuss equipment needs for the Access Center. Roy submitted a request for a computer and printer, bar code software, and the desire to have Internet access. His request had 3 components: 1) upgraded computer & printer; 2) Internet hookup for staff use; and 3) Internet hookup available to people in the community who don't have access to it, making the Access Center a Communications Center. There was much discussion about the computer/internet request and also about the escrow funds. Dave Magnuson suggested that the escrow dollars be spent before the franchise is up, rather than have the Company think that we weren't able to use the funds that were made available to us. Mr. Hanson stated that his understanding of the Escrow Agreement is that the funds are from King Video and that any equipment bought from those funds belongs to the Company. On the subject of Internet service, it was asked who would pay for the Internet service and the 2nd telephone line for it. (It was estimated that it could cost approximately $120/month.) Mr. Hanson indicated that it would probably be a part of the Operating Expenses for the Access Center. He also indicated that it would be King's responsibility to maintain any equipment purchased, the same as with all of the other equipment owned by the Company. Some people felt that Internet access isn't neccessary for the Access Center, that it could be abused, and certainly that may be an issue if the public were allowed to use it. Both Roy and Jack Wennberg indicated that the Internet could be a valuable resource. Roy is trying to obtain some guidelines from the Alliance for Community Media for policies and procedures for community use of the Internet. Jack Wennberg presented his recommendations on the request for a computer. He recommends the purchase of a computer, printer and some software. He talked a bit about buying the system on a component basis vs. buying a packaged deal. He 5/21/97 Commission Meeting Page 3 believes that a package system has some advantages as far as warranty and software. He does not believe that the Access Center should become a Communications Center; that it is a television facility. Jack had a binder full of programming that can be obtained for free, available through the Internet. Jerry Turnquist requested that the Internet not be available to anyone but staff at this time, pending the review of the Guidelines that Roy has requested. Steve Hanson agreed that the Internet should be for staff only at this time. MOTION by Jerry Turnquist to authorize the purchase of a computer system, with Roy and Jack working together on the purchase, at a cost of up to $3300, seconded by Doug Bergmann. This motion was not immediately voted on; further discussion followed. MOTION by Gary Talbot to table the issue until the guidelines have been reviewed, seconded by Doug Bergmann. Vote: 2 aye, 2 nay. MOTION DID NOT PASS. MOTION again made by Jerry Turnquist to authorize the purchase of a computer system, with Roy and Jack working together on the purchase, at a cost of up to $3300, seconded by Doug Bergmann. Vote: 3 aye, 1 nay. MOTION CARRIED. The Corporation expressed their concern that when considering how money will be spent that there should be some other issues taken care of, such as having spare bulbs for studio lighting and also the tapes that are supposed to be available. The Corporation has indicated that they have spent about $200 on tapes themselves, so that they know they will have some when needed. They requested that Super VHS tapes be used in the studio. 3. Corporation Report a. Annual Report and Business Plan - Gary Talbot stated that we could go over these at the upcoming workshop with the Corporation and Commission. c. Workshop (out of sequence) - The Corporation has requested having a workshop with the Commission. A workshop date was set up: Wednesday, May 28th at 7:00; Kathy will check to see if there is a City Hall available, and Dave Magnuson will check his calendar. b. Equipment from Escrow - Karen expressed the concern that the Corporation has equipment in the amount of $16,680.86 on their books; it was equipment purchased from escrow in 1990; has been on Corporation books for this 6-7 years and depreciated over that time; has been insured by the Corporation; and that now it has been moved over to King's inventory list and that this cannot be done. The Corporation and their accountant want to get this cleared up. The Corporation • 5/21/97 Commission Meeting - Page 4 feels that the Commission granted these funds over to the Corporation for the purchase of this equipment. Mr. Hanson doesn't believe that Escrow money can be granted out; that the money is still King Videocable dollars and that anything purchased from it belongs to the Company. Dave Magnuson feels that if money was turned over to the Corporation for purchasing some equipment that this expenditure does not establish Corporation ownership. As for depreciating of the equipment, Dave stated, "If the Corporation doesn't pay taxes and if there is no income generated from a non-profit Corporation, it wouldn't matter if it's fully depreciated or not (equipment). It could be gifted back to the Company. Maybe it belongs to the Company and has been held in trust by you (Corporation) for the purpose of public access and as long as it's all dedicated to public use at the access center, it's merely a technical issue as to who really has title to it". Mike Knutson stated that they don't know what the consequences would be for a non- profit organization gifting items to a for-profit company. The Corporation and Steve Hanson have met once to discuss this equipment issue and it was decided that they should meet again to resolve this issue. 4. Cable Commission Business a. Accountant Arrangement Letter MOTION by Gary Talbot to approve and sign this arrangement letter; seconded by Jerry Turnquist. MOTION CARRIED. b. Estoppel Certificate - A document from Quest, our landlord, which they want us to sign in association with the building being sold to new management. Dave Magnuson reviewed the document and advised us that if we have any unresolved issues with Quest that we not sign the agreement. Kathy indicated that there are still some outstanding heating/cooling issues and that Quest has no intention of taking care of it before they leave. Dave Magnuson told the Commission that if we don't sign the agreement that it just tells the new owner that he's taking ownership subject to some complaints that some people have. The Commission decided to follow our attorney's recommendation and not sign the agreement. A vote not needed for this. c. Possible Cost Sharing: Financial Review - at the recent ref ranchising workshop it was discussed that if the Commission wanted to review the Company's gross revenues that perhaps there may be an opportunity to share the cost with other Commissions if they are also wanting to do this. Kathy drafted a letter and got the information on other Commissions who have King, and asked for Commission approval. MOTION by Jerry Turnquist to proceed with cost sharing inquiries to other Commissions, seconded by Doug Bergmann. MOTION CARRIED. d. Reports on Past Access Expenditures - A discussion item at the 5/21/97 Commission Meeting - Page 5 ref ranchising workshop was reviewing access expenditures for the past 3 years: 1994, 1995 and 1996. Kathy drafted a letter and asked for Commission approval to move forward on it. MOTION by Gary Talbot to send a letter to the Company asking for reports on access expenditures for 1994, 1995 and 1996; seconded by JerryTurnquist. MOTION CARRIED. e. Secretary Review - The Commission announced that it would go into executive session to discuss the secretary review. f. Needs Assessment Update - Decision Resources will be faxing a rough draft survey to the Commission by June 2nd. It was decided that Kathy will make copies and send them out to the Commissioners for review, then the Commission can decide at the next meeting how to proceed. CONSENT AGENDA MOTION by Gary Talbot to approve Resolution 97-5-21 approving payment of bills/funds transfer, seconded by Jerry Turnquist. MOTION CARRIED. CORRESPONDENCE 1. 1st Qtr. Franchise Fee & Report - No comments except that it was requested that this report be sent to our current chairman (update mailing list). Mr. Hanson will take care of this. 2. Continental Changing to Media One - The local systems won't be affected by this and will retain their names. 3. Rate Changes for Equipment & Installations - Mr. Hanson reported that most of the rates went down. Doug Bergmann asked Mr. Hanson why we don't get WGN from Chicago as part of our Basic service. It is currently on the expanded service tier. Gary and Doug are both requesting that King provide WGN from Chicago as part of basic service. MOTION by Doug to request WGN as basic service channel; seconded by Gary Talbot. MOTION CARRIED. Kathy will send a letter to the Company. 4. Right of Way Legislation - Our cable attorney's office sent some right of way legislation recently approved by the Minnesota legislature and his summary of this. 9 Y pp Y 9 Also Mr. Creighton drafted a Right of Way agreement that the Cities could use, and he will also be sending a right of way ordinance that he's drafting. Mr. Magnuson 9 9 Y 9 9 indicated to the Commission that the franchise says that right of way issues are subject to the local ordinances in the Cities, and that the Cities will all have their ordinances in • lk 5/21/97 Commission Meeting - Page 6 conformance with state law. Each city has their own lawyer to deal with right of way issues, as it deals not only with cable issues but with the other utilities. It was felt that the Commission didn't need to take any action on this, but that Kathy could send it out to the Cities for their review. AFFIRM NEXT MEETING DATE The next meeting of the Cable Commission will be Wednesday, June 18th at 7:30 p.m. at Oak Park Heights City Hall, if available. MOTION by Jerry Turnquist at 9:10 p.m. to recess to executive session to discuss secretary review; seconded by Doug Bergmann. MOTION CARRIED. The meeting reconvened at approximately 9:30 p.m. The Commission granted the secretary the title of Administrative Secretary, a pay increase as of May 19th, 1997 and approved the secretary's request of 25 hours a week as needed. MOTION by Gary Talbot to approve these items; seconded by Jerry Turnquist. MOTION CARRIED. MOTION by Doug Bergmann to adjourn the meeting at approximately 9:35 p.m., seconded by Jerry Turnquist. MOTION CARRIED. Submitted by Kathy Cinnamon Administrative Secretary ;• Enclosure 2B CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION JOINT AND COOPERATIVE AGREErENT • F yiFIT "B" • • JOINT AND COOPERATIVE AGREEMENT CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COIM-SISSION The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes 238 . 01 et seg. 471. 59 . 1 . PURPOSE The general purpose of this agreement is to establish • an organization to administer and enforce a single non-exclusive cable communications franchise , and establish rates thereunder, in regular member municipalities in the Central St. Croix Valley of Washington County, Minnesota. In order to carry out the purpose of this agreement, the parties shall appoint a commission which shall be representative of all regular member munici- palities . It is not the purpose of this agreement to restrict or otherwise preempt that authority which the regular member municipalities hereof possess individually to grant and issue non-exclusive franchises . II . NAME The organization created by this agreement shall be known as the "Central St . Croix Valley Joint Cable Communications Commission" . III . DEFINITIONS . For purposes of this agreement , the terms defined in this article shall have the meanings given to them. SECTION 1 . "ASSOCIATE I'IMBERS" means a governmental unit in the State of Minnesota which has entered into this agree- ment and is , at the time involved, a party in good standing. -1- i \ Associate Members shall have only all those powers and responsi- bilities as are set forth in Roman Numeral V. hereof. SECTION 2 . "Commission" means the organization created pursuant to this agreement. Section 3 . "Representative" means the person appointed by a regular member rnunicipalitities ' City Council to be its representative on the Commission. SECTION 4. "Regular Meber Municipality" means a city which enters into this agreement and is , at the time in- volved, a regular member municipality in good standing. IV. REGULAR MEMBER MUNICIPALITIES The cities eligible to enter this agreement are the following three Minnesota cities : Bayport, Oak Park Heights and Stillwater. :>V ASSOCIATE T" ` 'iERS _ Section 1 . Eligibility.• "' Other governmental units which desire to follow the activities of the Commission and receive and contribute information about the development of a cable communications system, for the purpose of coordinating intergovernmental relationships , may affiliate with the Com- mission as "associate members" . SECTION 2 . Application. A governmental unit desiring to become an associate member may do so in the manner applicable to becoming a regular ' member municipality , except as otherwise provided in this article. The Commission may reject an appli- cation for associate membership by a governmental unit. -2- • Section 3 . Associate Representatives . An associate member may appoint an associate representative and an alternative associate representative to the Commission, but these individuals shall not have voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes . Section 4. Charges . The Commission may establish the charges to be paid by associate members and, for that purpose, it may classify associate members in accordance with their varying circumstances . Section S . Withdrawal . An associate member may discon- tinue its association with the Commission at any time by giving thirty days written notice of its withdrawal to the Secretary of the Commission. Withdrawal shall not relieve that associate member from its obligations to pay any charges which it has incurred up to the time of withdrawal nor shall withdrawal affect the ability of the Commission to establish rates for subscribers within the associate members ', geographic territory. VI . REPRESENTATIVES Section 1. Qualifications/Appointment. The City Council of each regular member municipality shall appoint two primary representatives , at least one of whom shall be a member of that council . The other representative may also be a member of that council but in any event must be a qualified voter residing within that city . When the council of a regular member munici- pality appoints J • i its first two primary representatives , it shall give notice - of their appointments to the City Clerk of the other regular member municipalities . Notice of a successor primary represen- tative shall be given to the Secretary of the Commission. Notices shall include the name and mailing address of the appointee which shall be deemed to be the official name and address of that appointee for the purpose of giving any notice required under this agreement . Section 2 . Alternate Representative . Each regular member municipality shall appoint an alternate representative in the same manner and with the same condition as stated in Section 1. Alternate representatives shall be considered as primary representatives in the event a primary representative in unable to attend a meeting as defined in Section VIII. Section 3 . . Term. ; The terms of the first primary ` representatives shall- begin on the effective date of this agree- ment and one representative designated from each city shall serve a two year term and other a three year term. Thereafter, • each primary representative shall serve for a term of two years . Irrespective of the terms assigned to each representative or regular member municipality, that representative shall serve at the will of his or her municipality and can be removed at any time with or without cause by that regular member municipality. upon that municipality providing a notice of that event to the -4- • S City Clerks of the other regular member municipalities and to ' the secretary of the Commission. Section 4 . Voting . Each primary representative shall • have one vote . There shall be no voting by proxy, however, in the event a primary representative is not in attendance, the alternate representative shall have his/her one vote. Section 5 . Compensation. Representatives shall serve without compensation from the Commission, but this shall not prevent a regular member municipality from compensating its representatives if compensation by that regular member munici- pality is otherwise authorized by law. VII . OFFICERS Section 1 . Number/Election. The officers of the Commission shall consist of a Chairman, A Vice Chairman, a Treasurer, and a Secretary, all of'whom shall be a primary repre- sentative and shall be- elected at the first Ymeeting of the''Com- mission and at the annual meeting of the Commission held on the 3rd Monday of February of each year. New officers shall take office at the adjournment of the annual meeting of the Commission at which they are elected . Section 2 . Chairman/Vice Chairman . The Chairman or his designee shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chairman, and such other duties as may be prescribed by the Commission . The Vice Chairman shall act as Chairman in the absence of the Chairman. -5- • Section 3 . Secretary. The Secretary shall be respon- • Bible for keeping a record of all the proceedings of the Commission and giving notice of the meetings . Section 4. Treasurer. The Treasurer shall have custody of the Commission' s funds , pay its bills , keep its financial records and generally conduct its financial affairs . All checks drawn upon the Commission' s bank account shall require the signa- tures of the Treasurer and the Chairman or Vice Chairman . The Treasurer shall post a fidelity bond or carry an insurance policy in an amount approved by the Commission, covering all persons authorized to handle Commission funds . The Commission shall pay the cost of the bond or policy. The Commission's financial books • and records shall be audited on or before July 1st each year, or at such other time as the Commission may direct , by an inde- pendent auditor designated and approved by the Commiss.i.on. VIII. MEETINGS Section 1 . Regular Meetings . Regular meetings of the Commission shall be held once each .month. A regular meeting or meetings may be cancelled by the Chairman for good cause shown provided that notice has been given to all representatives pursuant to Section 2. hereof. Section 2 . Special Meetings . Special meetings of the Commission may be called by the Secretary upon the written request of a majority of the representatives provided that the majority must consist of at least one representative of each member City. - 6- • • I �. Section 3 . Notice. Notice of regular meetings of the Commission shall be given to the representatives by the Secretary at least five days in advance and when feasible , the agenda for such meetings shall accompany the notice. However , business at regular meetings of the Commission need not be limited to matters set forth in the agenda . Section 4. Location. All public meetings or hearings by or before the Commission, the Executive Committee, or any subcommittee shall be held within one of the regular member municipalities . Section 5 . Publication of Notices . All public notices required to be published by this agreement , the franchise ordin- ance, the Minnesota 'Cable Communications Act or by the rules of the`MCCB `or - theFCC shall be published in -the official news- paper ofeach regular member municipality. Section 6. Documents . --All documents required to be made available at the Commission for public inspection by this agreement, the franchise ordinance, the Minnesota Cable Communications Act or by the rules of the MCCB or the FCC shall be deposited and made available at the City Hall or offices of each, of the regular member municipalities to this agreement. Section 7 . By-laws . At the first meeting, or as soon thereafter as it reasonably may be done, the Commission shall adopt by-laws governing its procedures , including the -7- • • . . time and place of its regular meetings . The by-laws may be amended from time to time by a majority vote of the represen- tatives present and voting. Section 8 . Voting/Quorum. Unless otherwise provided in this agreement , no business shall be done unless voted for by a majority of the representatives present and voting at a Commission meeting , except that less than a majority may adjourn. A majority of the number of representatives appointed at any one time shall constitute a quorum of the Commission. IX. PC.JERS , RIGHTS AND DUTIES OF COMISSION The powers , rights and duties of the Commission shall include those set forth in this Article. Section 1. Franchising Authority. It shall act as the cable communications franchising authority 'for .the members to this agreement. , , Section 2. Grant of Franchise. It shall prepare, adopt and grant a cable communications franchise pursuant to the Minnesota Cable Communications Act, Minnesota Statutes Chapter 238 , the rules of the MCCB and the FCC, and according to the following procedure : a. Needs Assessment Report . It shall compile, make publicly available and apprDve a Needs Assessment Report. b. Request for Proposals . It shall prepare and adopt after a public hearing 'a Request for Proposals . The adoption of the Request shall be by a unanimous vote of the -8- • representatives of the Commission present and voting. If a request is not unanimously adopted on the initial vote of the representatives , additional votes shall be taken until either (i) a request is adopted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to adopt a- request for proposals . c . Designation of Company by Resolution . After receipt and review of all proposals submitted to the Commission by cable communications companies , it shall select after a public hearing by resolution one cable communications company to which it may grant a franchise. The adoption of this resolution shall be by a unanimous vote of the representatives present and voting . If a cable communications company is not unanimously selected on the initial vote of the representatives, additional votes shall be taken until either (i) one company is selected by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to select a company in accordance with this paragraph. d. Adoption of Franchise Ordinance . It shall prepare and adopt an authorization known hereafter as a "franchise ordinance" and , by that franchise ordinance, grant to one cable communications company a non-exclusive franchise , not exceeding fifteen years , to construct, maintain, operate, or manage a cable communications system encompassing all of the territory -9 - • • • of the regular member municipalities . The introduction of the franchise ordinance and the grant of the franchise shall be after a public hearing and no sooner than 27 days after the hearing is closed, by a unanimous vote of the representatives present and voting, provided however, that the franchising process shall cease if a cable communications company is not granted the franchise by ordinance approved unanimously by representatives • in accordance with this paragraph. If the franchise ordinance is not adopted and the franchise is not granted unanimously on the initial vote of the representatives , additional votes shall be taken until either (i) the franchise ordinance is adopted and the franchise granted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to adopt the franchise ordinance and grant the franchise in accordance_ with this paragraph. In the event the franchising process ceases in accordance with this paragraph, the Commission shall promptly recommence the franchising process in accordance with this para- graph. . . e. Withdrawal . A member may withdraw from the Commission 18 months after sending a written Notice of Withdrawal to the Commission' s Secretary, as hereafter set forth. (1) Notice of Withdrawal. A member withdrawing from the Commission shall send to the MCCB and the Commission ' s Secretary a written Notice of Withdrawal specifying the effective date of withdrawal and containing a copy of the City Council ' s unanimous action approving its withdrawal . A member ' s withdrawal shall be -10- • effective 18 months after that member sends its Notice of Withdrawal, unless it specifies a later date in its Notice . A Notice of Withdrawal may be rescinded at any time by a member. (2) Effectiveness of Ordinance After Withdrawal . The franchise ordinance adopted by the Commission shall provide that it is effective and enforceable within the territorial limits of a city which has withdrawn from the Commission and a city which withdraws from the Commission under these Articles shall be bound by the terms of any cable communications franchise ordinance previously adopted and any franchise previously granted by the Commission. A city which has withdrawn shall be the exclusive authority to administer and enforce the cable franchise ordinance of that city. _ (3) Cooperation. The Commission and a city ` whichwithdraws under this Article shall cooperate with each other and the cable communications operator and shall use their .best efforts to achieve an orderly and efficient transfer to that city any of the assets of that city, and the administrative and enforcement authority over the cable communications system established within it. Section 3. Public Hearings/Notice . It shall hold at least one public hearing before it adopts a request for -11- . • proposals under Section 2 (b) , designates a company by resolution in accordance with Section 2 (c) , adopts a franchise ordinance in accordance with Section 2 (d) , amends that ordinance in accord- ance with Section 2 (g) , or establishes subscriber rates in accord- ance with Section 5 . At least ten days before each such public ' hearing , it shall publish in newspapers specified in Article VIII Section 5 , a notice t ce of that hearing. It shall comply with all notice and hearing requirements set forth in 4 MCAR, Section 4. 140. Section 4. Adminj. stration/Enforcement. It shall administer and enforce the cable communications franchise ordin- ance ; provided that the franchise ordinance may permit the enforcement and administration of certain of its provisions by regular member municipalities to this agreement, for which services the Commission shall pay or reimburse its regular member municipalities . Section 5 . Rates . By two-thirds vote of the repre- sentatives present and voting, it shall establish or approve changes in rates charged subscribers by the cable communications company. It shall inform the City Council of each member of proposed changes in rates charged subscribers under Section 13 below. Section 6 . Legislative Activities. It may submit written comments on rules , regulations or legislation regarding cable communications proposed by or pending before the MCCB, the FCC, the Minnesota Legislature , or Con€ress , or it may direct -12- • . its representatives to appear and testify on cable communications before these governmental bodies . Section 7 . Investigation. It may investigate the operation of cable communications systems in other cities in Minnesota or elsewhere , and the expense of traveling and sub- sistence of representatives in making any such investigations shall be borne by the Commission. Section 8 . Gifts/Grants . It may accept gifts , apply for and use grants and may enter into agreements required in connection therewith and it may hold, use and dispose of money or property received as a gift or grant in accordance with the terms hereof. Section 9 . Contracts . It may enter into any contracts deemed necessary by the Commission to carry out its powers and duties , subject to the provisions of this agreement. Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and purchases by Minnesota statutory cities . Section 10. Advisory Bodies . It may appoint advisory bodies to make recommendations to it on cable communications . Section 11 . Consultants . It may act or cause others to act in' any manner regarding (i) the study of cable communi- cations, (ii) the preparation of a franchise ordinance and other documents required to grant such a franchise , (iii) the evaluation of applications , (iv) the administration and enforcement of -13- • • a cable communications franchise , and (v) the establishment of rates thereunder. Section 12 . Ex-Officio Members . It may appoint ex- officio members to serve at the pleasure of the Commission, said ex-officio member shall serve without compensation and without the right to vote . Section 13 . Amendments and Agreement . It shall recom- mend for enactment by its regular member municipalities ' amend- ments to this agreement which will facilitate the administration and enforcement of the franchise ordinance adopted and the franchise granted by it , and the establishment of rates there- under. Section 14. Reports to Members . It shall report all proposed amendments of the franchise ordinance and changes in subscriber'' s, rates to the `:City °Council- of each regular member u municipality :at least -twenty-nine days before the public hearing on those matters Section 15 . Other Actions . It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the Commission and it may exercise any other power necessary and incidental to the implementation of its powers and duties . Section 16 . Additional Powers . a. To employ administrative or other personnel, legal counsel , engineers , consultants , or other qualified persons who may be paid for other services by hourly wages or by such fees as may be agreed upon. • -14- • b . To cause reports , plans , studies , and recom- mendations mendations to be prepared. c . To release I ase or purchas e and supplies necessary to carry out the purposes of this agreement. d. To institute , carry forward, and diligently prosecute administrative procedures and lawsuits deemed advisable to accomplish the purposes of this agreement. Section 17 . Other Laws and Regulations . This agree- ment , all Commission activities , and any franchise ordinance adopted or franchise granted by the Commission shall be subject to all local , state and federal laws and regulations . X. FINANCIAL MATTERS Section 1 . Contributions : Pre-Award. Pre-award expenses of the Commission shall be paid from contributions .,from each city. , Contributions shall be made on an equal or pro-rate basis _7depending upon the nature or purpose of the expense which shall be 'agreed upon by the regular member municipalities before the expense is incurred. Any contribution made or expense incurred, such as franchise referendum costs , by a regular member municipality per this section shall be reimbursed to the regular member municipality from any fees or non-refundable deposits received from prospective and/or successful cable communication operators . Section 2 . Contributions : Post Award. Post award contribution shall be assessed on equal or pro-rata basis depend- ing on the nature or purpose of the expense , or in such other way as the regular member municipalities shall agree. -15- • • Section 3 : Budget Process : 1982 . A proposed budget for the year 1982 shall be formulated by the Commission and submitted to the regular member municipalities within sixty days after the effective date of this agreement . The budget shall be effective only if approved by a two-thirds majority of the regular member municipalities within forty-five days after its submission to them. If . the budget is not approved by a two-thirds majority of the regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the regular member municipalities for their review and approval . Section 4. Budget Process : Subsequent Years . A proposed budget for the year 1983 and all succeeding years shall be formulated by the Commission and submitted to its regular member municipalities on or before August 1 of each year beginning in 1982 .' A 'budget "shall be effective only if -approved -by a two-thirds majority of the regular member municipalities before October 15 of each year. If the budget is not approved by a two-thirds majority of the .regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the remaining regular member municipalities for their review and approval . Section 5 . Expenditures . Provisions of Minnesota Statutes which govern the expenditures of funds by statutory cities shall apply to the Commission. The Commission shall not have power to levy taxes . -16- Section 6 . Annual Audit . The annual audit of the Commission' s books and records required by Article VII , Section 4, shall be reported to the regular member municipalities . The Commission ' s books and records shall be available for and open to examination by the regular member municipalities and the general public at reasonable times . Section 7 . Franchise Fees . The franchise ordinance adopted by the Commission shall provide that the Commission shall collect all franchise fees paid by the cable communications company to which a franchise has been granted. XI . DISSOLUTION Section 1 . Method. The Commission shall be dissolved . upon the affirmative vote of all the regular member municipalities of the Commission. Section 2 . Distribution of Assets . . Upon dissolution, the remainin. assets of the Commission, after remaining payment of all obligations , shall be distributed among the regular member munici- palities in proportion to their contributions , or in such other way as those regular member municipalities may agree. Section 3 . Necessary Measures . In the event of a dissolution the Commission shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the terms of this agreement. Section 4. Effectiveness of Ordinance After Dissolu- tion. The franchise ordinance adopted by the Commission shall -17- . • • ( provide that it is effective and enforceable within the terri- torial limits of all cities which were regular member munici- palities prior to the dissolution of the Commission, and those cities shall be bound by the terms of any cable communications franchise ordinance previously adopted and any franchise pre- viously granted by the Commission. XII . EFFECTIVE DATE Section 1 . Execution of Agreement . A regular member municipality entering into this agreement shall do so by the duly authorized execution of a copy of this agreement by its proper officers . Thereafter, the Clerk or other appropriate officer of that regular member municipality shall file a duly executed copy of this agreement, together with a certified copy of the authorizing resolution required by Article X with the City Clerk of the City of Stillwater. - Section 2 . Effective Date . _ This agreement shall become effective when (a) it has been authorized by all of the three eligible cities and (b) all appropriate documents have been filed as provided above. Section 3 . Previous Agreement Superseded. This agree- ment, when effective under Section 2 above, superseded all pre- vious agreements between the regular member municipalities hereto establishing a joint cable communications commission. -18- III . XIII . DURATION AND ENFORCEMENT This agreement shall continue in effect during the term of any franchise agreement and all terms and conditions of this agreement shall be enforceable in any court of competent jurisdiction . IN WITNESS WEER.EOF, the undersigned municipality has caused this agreement to be signed on its behalf this _ 1st day of February , 1982 IN PRESENCE OF : CITY OF 'ILLWAT� ��� u 2 v r 4 _4_ _,.6 :f `. ,_ k.,., ,;_clJ and Yi —.<=17!:/.. 4-1 ,.%�.G ,:/-;` C/ IN PRESENCE OF: CITY OF OAK PARK HEIGHTS : 0-. ,./1.c.4.1_2-s--- ----ti-c."--4.-e---,____ By_fd,4,JA)2. 47.Aakt._ c/-5eg. arm e._ c,�, - �? ' IN PRESENCE OF: CITY OF BAYPORT: • .__ /, . ,//p r ,,_ „,,,,,.- , ,..,,,,t.„7-7, By_le.o /2.Z. A' t c . I r-. . !: . • , ,_.,_ , !, and 0--E�---7: "- (_,.;. , /1.j•-n.z.t ,, ,7 Filed in the office of the City Clerk of the City of Stillwater this 1st day of February , 19 82 . -19- i • 1 � MLWRANDU OF y.,. .N . The Joint and Cooperative Agreement executed by the cities of Stillwater Bayport and Cal: Park Heights, for the establishment of a central St . Croix Valley Joint Cable Communication Commission, requires that each city separately execute the Agreement. Since this was done in each city at a different time, it is necessary that the cities agree that a common date be chosen for the effective date at which the Agreement becomes effective. It is, therefore, understood and agreed that the effective date of the Joint and Cooperative Agreement as set forth in XII Effective Date of the Agreement as approved hereto- fore by the three cities, shall be in all ways the S2 ways first of February, 1 �_ S and any acts that are now done that apply to the time when they should have been done shall be effective "nuc pro tune" and the acts shall have the snme effect as if regularly done. IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed on its behalf this,. 8th da)• of March 19$2. In Presence of: CITY Or Ad.'. 'ER. By -747 and 6 In Prbscncc of:• CITY OF OAK PARK IlLI IITS: By = 1 a • /J ie In Presence of: CITY , AY . 1 1 OF .lA, P R" 0 1 . A ARTICLES OF AMENDMENT OF THE JOINT AND COOPERATIVE AGREEMENT CREATING THE CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION WHEREAS, the parties to these Articles of Amendment are the original parties to the Joint and Cooperative Agreement creating the Central St. Croix Valley Joint Cable Communication Commission made pursuant to the provisions of Minnesota Statutes § 238. 01 et seq. and § 471 . 59 et seq. and, WHEREAS, Section 13, "Amendments and Agreement" under ARTICLE IX, "POWERS , RIGHTS AND DUTIES OF COMMISSION, " of the Joint and Cooperative Agreement provides that the Cable Commission shall recommend for enactment amendments to the Agreement that facilitate the administration of the franchise and, 1 . At a regular meeting of the Cable Commission, the Commission voted that ARTICLE X, Section 4 of the Joint and Cooperative Agreement be amended to hereafter read as follows: "ARTICLE X. FINANCIAL MATTERS Section 4. Budget Process: Subsequent Years. A proposed budget for all succeeding years shall be formulated by the Commission and submitted to its regular member municipalities on or before December 1 of each year. A budget shall be effective only if approved by a two-third' s majority of the regular member municipalities prior to December 31 of each year. If the budget is not approved by a two-third' s majority of the regular member municipalities, the Commission shall formulate a revised budget and submit it to the regular member municipalities for their review and approval. " 2. That the Joint and Cooperative Agreement be and the same hereby is amended to enact the above recommended change. III 411 (1 3 . Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this / 7 day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER :c e;e. 1 � LA.4.4_-_.�- By á(Ui & L'/ „ ,ik� W 7J4L4r lly Abrahamsagn, M7yor G .'" and ,-�-d-4iiJy ,?,r"_c. 'v✓ Mary L�u Johns ' , Clerk IN PRESENCE 0/4 CITY OF OAK PARK HEIGHTS: By • Frank Sommerfeldt, Mayor ` and `'' LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT ya . Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this - day of , 1990. 4 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this 2nd day of April ., 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF: CITY OF OAK PARK HEIGHTS: By • Frank Sommerfeldt, Mayor • and • LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT,• Wt A_ By y. __ - N t Bliss, Mayor and y- 22/Loee J th Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • • • 3 . Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF: CITY OF OAK PARK EIGHTS: �By �r yam / �. .�. ���� . Frank Sommerfeldt, ayor a' • I ��e oz. / LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT By Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION PROPOSED LANGUAGE TO AMEND THE JOINT AND COOPERATIVE AGREEMENT to clarify the meaning of a quoru*n as understood by the Commission VOTING/QUORUM No official action may be by the Joint Commission at any meeting unless at least one voting representative from each member city is present at the meeting. One duly-appointed. representative from each member city plus one additional duly-appointed representative from a member city shall constitute a quorum of the . Commission. • • • • • • ATD/a . 9/2/85 • • �, • • • Enclosure 2B CENTRAL ST. CROIX VALLEY JOINT CABLE COI•24UNICATION COMMISSION JOINT AND COOPERATIVE AGREEMENT • yt III EXHIBIT "B" A JOINT AND COOPERATIVE AGREEMENT ■ CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION The parties to this agreement are governmental units of the State of Minnesota . This agreement is made pursuant to Minnesota Statutes 238 . 01 et seg . 471. 59 . 1 . PURPOSE The general purpose of this agreement is to establish • an organization to administer and enforce a single non-exclusive cable communications franchise , and establish rates thereunder, in regular member municipalities in the Central St . Croix Valley of Washington County, Minnesota . In order to carry out the purpose of this agreement, the parties shall appoint a commission which shall be representative of all regular member munici- palities . It is not the purpose of this agreement to restrict or otherwise preempt that authority which the regular member municipalities hereof possess individually to grant and issue non-exclusive franchises . y, II . NAME The organization created by this agreement shall be known as the "Central St . Croix Valley Joint Cable Communications Commission" . III . DEFINITIONS For purposes of this agreement , the terms defined in this article shall have the meanings given to them. SECTION 1 . "ASSOCIATE MEMBERS" means governmental a g unit in the State of Minnesota which has entered into this agree- ment and is , at the time involved, a party in good standing. -1- \ Associate Members shall have only all those powers and responsi- bilities as are set forth in Roman Numeral V. hereof. SECTION 2 . "Commission" means the organization created pursuant to this agreement. Section 3 . "Representative" means the person appointed by a regular member municipalitities ' City Council to be its representative on the Commission. SECTION 4. "Regular Me: ber Municipality" means a city which enters into this agreement and is , at the time in- volved, a regular member municipality in good standing. IV. REGULAR MEMBER MUNICIPALITIES The cities eligible to enter this agreement are the following three Minnesota cities : Bayport , Oak Park Heights and Stillwater. V. ASSOCIATE MEMBERS Section 1 . Eligibility. Other governmental units which desire to follow the activities of the Commission and receive and contribute information about the development of a cable communications system, for the purpose of coordinating intergovernmental relationships , may affiliate with the Com- mission as "associate members". SECTION 2 . Application. A governmental unit desiring to become an associate member may do so in the manner applicable to becoming a regular . member municipality, except as otherwise provided in this article. The Commission may reject an appli- cation for associate membership by a governmental unit. -2- • Section 3 . Associate Representatives . An associate member may appoint an associate representative and an alternative associate representative to the Commission, but these individuals shall not have voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes . Section 4. Charges . The Commission may establish the charges to be paid by associate members and, for that purpose, it may classify associate members in accordance with their varying circumstances . Section 5 . Withdrawal . An associate member may discon- tinue its association with the Commission at any time by giving thirty days written notice of its withdrawal to the Secretary of the Commission. Withdrawal shall not relieve that associate member from its obligations to pay any charges which it has incurred up to the time of withdrawal nor shall withdrawal affect the ability of the Commission to establish rates for subscribers within the associate members ' geographic territory. VI . REPRESENTATIVES Section 1 . Qualifications/AFB ointment. The City Council of each regular member municipality shall appoint two primary representatives , at least one of whom shall be a member of that council . The other representative may also be a member of that council but in any event must be a qualified voter residing within that city. When the council of a regular member munici- pality appoints -J- . . its first two primary representatives , it shall give notice , of their appointments to the City Clerk of the other regular member municipalities . Notice of a successor primary represen- tative shall be given to the Secretary of the Commission. Notices shall include the name and mailing address of the appointee which shall be deemed to be the official name and address of that appointee for the purpose of giving any notice required under this agreement . Section 2 . Alternate Representative . Each regular member municipality shall appoint an alternate representative in the same manner and with the same condition as stated in Section 1. Alternate representatives shall be considered as primary representatives in the event a primary representative in unable to attend a meeting as defined in Section VIII . Section 3 . Term. The terms of the first primary representatives shall begin on the effective date of this agree- ment and one representative designated from each city shall serve a two year term and other a three year term. Thereafter , each primary representative shall serve for a term of two years . Irrespective of the terms assigned to each representative or regular member municipality, that representative shall serve at the will of his or her municipality and can be removed at any time with or without cause by that regular member municipality. upon that municipality providing a notice of that event to the I , -4- • 4 • City Clerks of the other regular member municipalities and to ' the secretary of the Commission. Section 4. Voting . Each primary representative shall • have one vote . There shall be no voting by proxy, however, in the event a primary representative is not in attendance, the alternate representative shall have his/her one vote. Section 5 . Compensation. Representatives shall serve without compensation from the Commission, but this shall not prevent a regular member municipality from compensating its representatives if compensation by that regular member munici- pality is otherwise authorized by law. VII . OFFICERS Section 1 . Number/Election. The officers of the Commission shall consist of a Chairman, A Vice Chairman , a Treasurer , and a Secretary , all of whom shall be a primary repre- sentative and shall be elected at the first meeting of the Com- mission and at the annual meeting of the Commission held on the 3rd Monday of February of each year. New officers shall take office at the adjournment of the annual meeting of the Commission at which they are elected . Section 2 . Chairman/Vice Chairman. The Chairman or his designee shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chairman, and such other duties as may be prescribed by the Commission . The Vice Chairman shall act as Chairman in the absence of the Chairman. -5- . 411 ( Section 3 . Secretary. The Secretary shall be respon- sible for keeping a record of all the proceedings of the Commission and giving notice of the meetings . Section 4. Treasurer. The Treasurer shall have custody of the Commission' s funds , pay its bills , keep its financial records and generally conduct its financial affairs . All checks drawn upon the Commission ' s bank account shall require the signa- tures of the Treasurer and the Chairman or Vice Chairman . The Treasurer shall post a fidelity bond or carry an insurance policy in an amount approved by the Commission, covering all persons authorized to handle Commission funds . The Commission shall pay the cost of the bond or policy. The Commission's financial books • and records shall be audited on or before July 1st each year , or at such other time as the Commission may direct , by an inde- pendent auditor designated and approved by the Commission. VIII . MEETINGS Section 1 . Regular Meetings . Regular meetings of the Commission shall be held once each •month. A regular meeting or meetings may be cancelled by the Chairman for good cause shown provided that notice has been given to all representatives pursuant to Section 2 . hereof. Section 2 . Special Meetings . Special meetings of the Counnission may be called by the Secretary upon the written request of a majority of the representatives provided that the majority must consist of at least one representative of each member City. - 6- !II 411 Section 3 . Notice. Notice of regular meetings of the Commission shall be given to the representatives by the Secretary at least five days in advance and when feasible , the agenda for such meetings shall accompany the notice. However , business at regular meetings of the Commission need not be limited to matters set forth in the agenda . Section 4. Location. All public meetings or hearings by or before the Commission, the Executive Committee, or any subcommittee shall be held within one of the regular member municipalities . Section 5 . Publication of Notices . All public notices required to be published by this agreement , the franchise ordin- ance, the Minnesota Cable Communications Act or by the rules of the MCCB or the FCC shall be published in the official news- paper of each regular member municipality. Section 6. Documents . All documents required to be made available at the Commission for public inspection by this agreement, the franchise ordinance , the Minnesota Cable Communications Act or by the rules of the MCCB or the FCC shall be deposited and made available at the City Hall or offices of each. of the regular member municipalities to this agreement. Section 7 . By-laws . At the first meeting , or as soon thereafter as it reasonably may be done, the Commission l shall adopt by-laws governing its procedures , including the • -7- . • time and place of its regular meetings . The by-laws may be amended from time to time by a majority vote of the represen- tatives present and voting. Section 8 . Voting/Quorum. Unless otherwise provided in this agreement, no business shall be done unless voted for by a majority of the representatives present and voting at a Commission meeting, except that less than a majority may adjourn. A majority of the number of representatives appointed at any one time shall constitute a quorum of the Commission . IX. POWERS , RIGHTS AND DUTIES OF COMMISSION The powers , rights and duties of the Commission shall include those set forth in this Article. Section 1 . Franchising Authority. It shall act as the cable communications franchising authority for the members to this agreement. Section 2 . Grant of Franchise. It shall prepare , adopt and grant a cable communications franchise pursuant to the Minnesota Cable Communications Act, Minnesota Statutes Chapter 238 , the rules of the MCCB and the FCC, and according to the following procedure : a . Needs Assessment Report . It shall compile , make publicly available and approve a Needs Assessment Report. b. Request for Proposals . It shall prepare and adopt after a public hearing 'a Request for Proposals . The adoption of the Request shall be by a unanimous vote of the -8- s representatives of the Commission present and voting. If a request is not unanimously adopted on the initial vote of the representatives , additional votes shall be taken until either (i) a request is adopted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to adopt a- request for proposals . c . Designation of Company by Resolution . After receipt and review of all proposals submitted to the Commission by cable communications companies , it shall select after a public hearing by resolution one cable communications company to which it may grant a franchise. The adoption of this resolution shall be by a unanimous vote of the representatives present and voting . If a cable communications company is not unanimously selected on the initial vote of the representatives , additional votes shall be taken until either (i) one company is selected by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to select a company in accordance with this paragraph. d. Adoption of Franchise Ordinance. It shall prepare and adopt an authorization known hereafter as a "franchise ordinance" and , by that franchise ordinance, grant to one cable communications company a non-exclusive franchise , not exceeding fifteen years , to construct, maintain, operate, or manage a cable communications system encompassing all of the territory -9 - • of the regular member municipalities . The introduction of the franchise ordinance and the grant of the franchise shall be after a public hearing and no sooner than 27 days after the hearing is closed, by a unanimous vote of the representatives present and voting, provided however , that the franchising process shall cease if a cable communications company is not granted the franchise by ordinance approved unanimously by representatives in accordance with this paragraph. If the franchise ordinance is not adopted and the franchise is not granted unanimously on the initial vote of the representatives , additional votes shall be taken until either (i) the franchise ordinance is adopted and the franchise granted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to adopt the franchise ordinance and grant the franchise in accordance with this paragraph. In the event the franchising process ceases in accordance with this paragraph, the Commission shall promptly recommence the franchising process in accordance with this para- graph. e. Withdrawal . A member may withdraw from the Commission 18 months after sending a written Notice of Withdrawal to the Commission ' s Secretary , as hereafter set forth. • (1) Notice of Withdrawal . A member withdrawing from the Commission shall send to the MCCB and the Commission ' s Secretary a written Notice of Withdrawal specifying the effective date of withdrawal and containing a copy of the City Council ' s unanimous action approving its withdrawal . A member ' s withdrawal shall be -10- • w effective 18 months after that member sends its Notice of Withdrawal , unless it specifies a later date in its Notice . A Notice of Withdrawal may be rescinded at any time by a member . (2) Effectiveness of Ordinance After Withdrawal . The franchise ordinance adopted by the Commission shall provide that it is effective and enforceable within the territorial limits of a city which has withdrawn from the Commission and a city which withdraws from the Commission under these Articles shall be bound by the terms of any cable communications franchise ordinance previously adopted and any franchise previously granted by the Commission. A city which has withdrawn shall be the exclusive authority to administer and enforce the cable franchise ordinance of that city. (3) Cooperation. The Commission and a city which withdraws under this Article shall cooperate with each other and the cable communications operator and shall use their best efforts to achieve an orderly and efficient transfer to that city any of the assets of that city , and the administrative and enforcement authority over the cable communications system established within it. Section 3 . Public Hearings/Notice . It shall hold at least one public hearing before it adopts a request for - 11- • • 1 proposals under Section 2 (b) , designates a company by resolution in accordance with Section 2 (c) , adopts a franchise ordinance in accordance with Section 2 (d) , amends that ordinance in accord- ance with Section 2 (g) , or establishes subscriber rates in accord- ance with Section 5 . At least ten days before each such public hearing, it shall publish in newspapers specified in Article VIII , Section 5 , a notice of that hearing. It shall comply with all notice and hearing requirements set forth in 4 MCAR, Section 4. 140. Section 4. Administration/Enforcement. It shall administer and enforce the cable communications franchise ordin- ance ; provided that the franchise ordinance may permit the enforcement and administration of certain of its provisions by regular member municipalities to this agreement, for which services the Commission shall pay or reimburse its regular member municipalities . Section 5 . Rates . By two-thirds vote of the repre- sentatives present and voting, it shall establish or approve changes in rates charged subscribers by the cable communications company. It shall inform the City Council of each member of proposed changes in rates charged subscribers under Section 13 below. ' Section 6 . Legislative Activities . It may submit written comments on rules , regulations or legislation regarding cable communications proposed by or pending before the MCCB, the FCC, the Minnesota Legislature , or Congress , or it may direct -12- • • • ` its representatives to appear and testify on cable communications before these governmental bodies . Section 7 . Investigation. It may investigate the operation of cable communications systems in other cities in Minnesota or elsewhere , and the expense of traveling and sub- sistence of representatives in making any such investigations shall be borne by the Commission. Section 8 . Gifts/Grants . It may accept gifts , apply for and use grants and may enter into agreements required in connection therewith and it may hold, use and dispose of money or property received as a gift or grant in accordance with the terms hereof. Section 9 . Contracts . It may enter into any contracts deemed necessary by the Commission to carry out its powers and duties , subject to the provisions of this agreement. Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and purchases by Minnesota statutory cities . Section 10. Advisory Bodies . It may appoint advisory bodies to make recommendations to it on cable communications . Section 11 . Consultants . It may act or cause others to act in' any manner regarding (i) the study of cable communi- cations , (ii) the preparation of a franchise ordinance and other documents required to grant such a franchise , (iii) the evaluation of applications , (iv) the administration and enforcement of -13- • • a cable communications franchise , and (v) the establishment of rates thereunder. Section 12 . Ex-Officio Members . It may appoint ex- officio members to serve at the pleasure of the Commission, said ex-officio member shall serve without compensation and without the right to vote. Section 13 . Amendments and Agreement . It shall recom- mend for enactment by its regular member municipalities ' amend- ments to this agreement which will facilitate the administration and enforcement of the franchise ordinance adopted and the franchise granted by it , and the establishment of rates there- under. Section 14. Reports to Members . It shall report all proposed amendments of the franchise ordinance and changes in subscriber' s rates to the City Council of each regular member municipality at least twenty-nine days before the public hearing on those matters . Section 15 . Other Actions . It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the Commission and it may exercise any other power necessary and incidental to the implementation of its powers and duties . Section 16 . Additional Powers . a. To employ administrative or other personnel, legal counsel , engineers , consultants , or other qualified persons who may be paid for other services by hourly wages or by such fees as may be agreed upon. -14- . • S b . To cause reports , plans , studies , and recom- mendations to be prepared. c . To release or purchase equipment and supplies necessary to carry out the purposes of this agreement. d. To institute , carry forward, and diligently prosecute administrative procedures and lawsuits deemed advisable to accomplish the purposes of this agreement. Section 17 . Other Laws and Regulations . This agree- ment , all Commission activities , and any franchise ordinance adopted or franchise granted by the Commission shall be subject , to all local , state and federal laws and regulations . X. FINANCIAL MATTERS Section 1. Contributions : Pre-Award. Pre-award expenses of the Commission shall be paid from contributions from each city. Contributions shall be made on an equal or pro-rate basis depending upon the nature or purpose of the expense which shall be 'agreed upon by the regular member municipalities before the expense is incurred. Any contribution made or expense incurred, such as franchise referendum costs , by a regular member municipality per this section shall be reimbursed to the regular member municipality from any fees or non-refundable deposits received from prospective and/or successful cable communication operators . Section 2 . Contributions : Post Award. Post award contribution shall be assessed on equal or pro-rata basis depend- ing on the nature or purpose of the expense , or in such other way as the regular member municipalities shall agree. -15- f • 410 Section 3 : rudet Process : 1982 . A proposed budget for the year 1982 shall be formulated by the Commission and submitted to the regular member municipalities within sixty days after the effective date of this agreement. The budget shall be effective only if approved by a two-thirds majority of the regular member municipalities within forty-five days after its submission to them. Ifthe budget is not approved by a two-thirds majority of the regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the regular member municipalities for their review and approval . Section 4. Buffet Process : Subsequent Years . A proposed budget for the year 1983 and all succeeding years shall be formulated by the Commission and submitted to its regular member municipalities on or before August 1 of each year beginning in 1982 . A budget shall be effective only if approved by a two-thirds majority of the regular member municipalities before October 15 of each year. If the budget is not approved by a two-thirds majority of the regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the remaining regular member municipalities for their review and approval . Section 5 . Expenditures . Provisions of Minnesota Statutes which govern the expenditures of funds by statutory • cities shall apply to the Commission. The Commission shall not have power to levy taxes . -16- i S CSection 6 . Annual Audit . The annual audit of the Commission' s books and records required by Article VII , Section 4, shall be reported to the regular member municipalities . The Commission' s books and records shall be available for and open to examination by the regular member municipalities and the general public at reasonable times . Section 7 . Franchise Fees . The franchise ordinance adopted by the Commission shall provide that the Commission shall collect all franchise fees paid by the cable communications company to which a franchise has been granted. XI . DISSOLUTION Section 1 . Method. The Commission shall be dissolved upon the affirmative vote of all the regular member municipalities of the Commission. Section 2 . Distribution of Assets . Upon dissolution, the remaining assets of the Commission, after payment of all obligations , shall be distributed among the regular member munici- palities in proportion to their contributions , or in such other way as those regular member municipalities may agree. Section 3 . Necessary Measures . In the event of a dissolution the Commission shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject • to the terms of this agreement. Section 4. Effective:,.ess of Ordinance After Dissolu- tion. The franchise ordinance adopted by the Commission shall -17- I ' 410 ( provide that it is effective and enforceable within the terri- torial limits of all cities which were regular member munici- palities prior to the dissolution of the Commission , and those cities shall be bound by the terms of any cable communications franchise ordinance previously adopted and any franchise pre- viously granted by the Commission. n. XII . EFFECTIVE DATE Section 1 . Execution of Agreement . A regular member municipality entering into this agreement shall do so by the duly authorized execution of a copy of this agreement by its proper officers . Thereafter, the Clerk or other appropriate officer of that regular member municipality shall file a duly executed copy of this agreement , together with a certified copy of the authorizing resolution required by Article X with the City Clerk of the City of Stillwater. Section 2 . Effective Date . This agreement shall become effective when (a) it has been authorized by all of the three eligible cities and (b) all appropriate documents have been filed as provided above . Section 3 . Previous Agreement Superseded. This agree- ment , when effective under Section 2 above , superseded all pre- vious agreements between the regular member municipalities hereto establishing a joint cable communications commission. -18- I . • XIII . DURATION AND ENFORCEMENT This agreement shall continue in effect during the term of any franchise agreement and all terms and conditions of this agreement shall be enforceable in any court of competent jurisdiction . IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this 1st day of February , 19 82 IN PRESENCE OF : CITY OF PILLWAT By and yi �=Jr./ !' %_/1e IN PRESENCE OF: CITY OF OAK PARK HEIGHTS : /P1.4*-74,v,y,s,,AIVAL IN PRESENCE OF: CITY OF BAYPORT: 2/, -(71 41-Z.Z.ZZrYff ; and , Filed in the office of the City Clerk of the City of Stillwater this 1st day of February , 19 82 -19- • . ( M1:M NUU',i OF U31'i:RS f:1'.i 11' U The Joint and Cooperative agreement executed by the cities of Stillwater, Bayport and Oak Park Heights, for the establishment of a central St . Croix Valley Joint Cable Communication Commission, requires that each city separately execute the Agreement . Since this was done in each city at a different time, it is necessary that the cities agree that a common date be chosen for the effective date at which the Agreement becomes effective. It is, therefore, . understood and agreed that the effective date of the Joint and Cooperative Agreement as set forth in XII Effective Date of the Agreement as approved hereto- fore by the three cities, shall be in all ways the first of February, 1962 and any acts that are new done that apply to the time when they should have been . done shall be effective "nuc pro tune" and the acts shall have the snmc effect as if regularly done. IN WITNESS I HLR OF, the undersigned municipality has caused this Agreement to be signed on its behalf this 8th day of March , 19S2. In Presence of: • CITY Of SI'�LL'', iEil: i'.—A-13.-1 ,,e. ,,,Z.,./.--„..a..c , 4111,-(,,4_ __72./ /_ (1-6"-4 ,--P . and 6,tip 7_5re 0e.______ iJl ' L"`� In Prbscncc of:, CITY OF OAK PARK HE ZITS: . r7,..„_..,- y .-„2.141J-19 ...er-___1_ 4-!...t-i-Zga / In Presence of: CITY OF BAYPORT: • i;Y 161-1';( 4" "51/ • 111 ARTICLES OF AMENDMENT OF THE JOINT AND COOPERATIVE AGREEMENT CREATING THE CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION WHEREAS, the parties to these Articles of Amendment are the original parties to the Joint and Cooperative Agreement creating the Central St. Croix Valley Joint Cable Communication Commission made pursuant to the provisions of Minnesota Statutes § 238. 01 et seq. and § 471 . 59 et seq. and, WHEREAS, Section 13, "Amendments and Agreement" under ARTICLE IX, "POWERS , RIGHTS AND DUTIES OF COMMISSION, " of the Joint and Cooperative Agreement provides that the Cable Commission shall recommend for enactment amendments to the Agreement that facilitate the administration of the franchise and, 1 . At a regular meeting of the Cable Commission, the Commission voted that ARTICLE X, Section 4 of the Joint and Cooperative Agreement be amended to hereafter read as follows: "ARTICLE X. FINANCIAL MATTERS Section 4 . Budget Process: Subsequent Years. A proposed budget for all succeeding years shall be formulated by the Commission and submitted to its regular member municipalities on or before December 1 of each year. A budget shall be effective only if approved by a two-third' s majority of the regular member municipalities prior to December 31 of each year. If the budget is not approved by a two-third' s majority of the regular member municipalities, the Commission shall formulate a revised budget and submit it to the regular member municipalities for their review and approval." 2. That the Joint and Cooperative Agreement be and the same hereby is amended to enact the above recommended change. z • • • 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused � g P Y these Articles of Amendment to be signed on its behalf this f 9 day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER - ;C CsC t Z�Lt��4_. ._ By /1UAf &/ '1 '/ j ', W 11y /Abrahamson, M yor ,14, A ,G.v and nt_tL_.r r1�ii/ ;� :�,-c_r�Y✓ Mary L�u Johns / , Clerk IN PRESENCE CITY OF OAK PARK HEIGHTS: By Frank Sommerfeldt, Mayor and LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT By Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • • 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which i shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this 2nd day of April ., 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF: CITY OF OAK PARK HEIGHTS: By Frank Sommerfeldt, Mayor . and LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT,. (d B \ f /ZerC 7 ( N t Bliss, Mayor '.4 / and — J th flhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • • a- � 410 S 3 . Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF::� �J[� CITY OF OAK PARK EIGHTS: By F2,:K ,....„ 1 iti-r t t.•1tit� .1.��,-,��.G . Frank Sommerfeldt, a,yor - � a. . I -� If / LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT By Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. - i . CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION PROPOSED LANGUAGE TO AMEND THE JOINT AND COOPERATIVE AGREEMENT to clarify the meaning of a quorum as understood by the Commission VOTING/QUORUM No official action may be taken by the Joint Commission at any meeting unless at least one voting representative from each member city is present at the meeting. One duly-appointed. representative from each member city plus one additional duly-,appointed representative from a member city shall constitute a quorum of the . Commission. ATD/a :. 9/2/85 • • • Enclosure 2C CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION B Y L A W S ARTICLE I NAME The name of this joint powers commission shall be the Central St, Croix Valley Joint Cable Communications Commission. ARTICLE II PURPOSE The purpose for which this Commission is organized is to administer and to enforce a non-exclusive cable communications franchise ordinance, and establish rates thereunder, in member municipalities in the Central St. Croix Valley, Washington County, MN, and organize a non-profit corporation to facilitate community programming. It is the intent of this Commission, when appropriate, to operate under the same rules as statutory cities in Minnesota. ARTICLE III MEMBERS The Central Saint Croix Valley Joint Cable Communications Commission represents its three member cities in matter relating to cable communications: The City of Bayport The City of Oak Park Heights The City of Stillwater The three member cities are signatories to the Joint and Cooperative Agreement effective February 1 , 1982. Other governmental units (ie: School District) which desire to follow the activities of this Commission, to receive and to contribute information about the development of the cable system and desire to coordinate intergovernmental relationships, may affiliate with the Commission as"Associate Members" . Governmental units desiring to become Associate Members may submit an application to the Commission. ARTICLE IV REPRESENTATIVES Each member municipality shall appoint two primary representatives, one of which shall be an elected official of that municipality sittting on that municiaplity City Council ; and the other primary representative shall be a qualified voter residing within the boundaries of the appointing municipality. Each member municipality shall appoint an alternative representative . An associate member mSy appoint an associate representative and an alternate representative . • ARTICLE V VOTING POWERS Each member municipality primary representative shall have one vote . Alternative representatives appointed by the member cities shall have the power to vote only when a primary representative of that city is absent . Associate representatives shall not have voting power. . • • COMMISSION BY LAWS (CONTINUED) PAGE -2- ARTICLE VI TERMS The period of duration of this Commission shall be as long as the Joint and Cooperative Agreement has authority over cable service in the member municipalities . The terms of member municipalities primary representatives shall be for two ( 2) years . Terms of member municipalities alternate representative - shall be for two ( 2) years . When a vacancy occurs through retirement, resignation or removal , the member municipality shall appoint a representative to fill out the retiring, resigning or removed members term . Associate member representative terms may be set by the appointing governmental unit . Member municipalities may remove appointed representatives at any time with or without cause . The member municipality must provide notice to the Commission of that event as well as to - the other tember munici°palities ARTICLE VII COMPENSATION Representatives shall serve without compensation from the Commission. However, this shall not prevent a member municipality from compensating its representative if compensation by that member municipality is otherwise authorized by law. ARTICLE VIII CONFLICT OF INTEREST Representatives shall not have a financial interest in any cable company, or its subsidiaries, major equipment or program suppliers, Minn.Stat.§238. 15( 1976) . • ARTICLE IX OFFICERS The officers of the Commission shall be a Chairperson, Vice- Chairperson, Secretary and Treasurer. All officers shall be primary representatives . Officers of the Commission shall be elected at its annual meeting in the third full calendar week of February of each year. The term of office for Commission officers shall be one ( 1 ) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical . No Commissioner shall hold more than one office at a time. An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. • • COMiISSION BY LAWS (CONTINUED) PAGE -3- Vice-Chairperson: The Vice-C airperson shall. , in the absence of the Chairperson, exercise the powers and perform the duties of the Chairperson. Secretary: The Secretary shall oversee the minutes of the Commission meetings, the notices of the Commission meetings and any other notices required by the Joint and Cooperative Agreement or these By Laws . Treasurer: The Treasurer shall oversee the management of the mm ' Co fissions Funds and Books, and s ha 11 be concerned with all the financial matters of the Commission. The Treasurer shall co-sign financial documents along with the Chairperson. ARTICLE X MEETINGS The regular meetings of the Commission shall be in the third full calendar week of the month . The regular meetings of the Commission will be held at Stillwater City Hall ,whenever possible . Special meetings of the Commission may be called by the Chairperson or the Secretary upon written request of the majority of the representatives provided that the majority must consist of at least one representative of each member city. ARTICLE XI NOTICE Notice of regular meetings of the Commission shall be given to the representatives at least five ( 5) days in advance of the meeting and when feasible, the agenda for such meetings shall accompany the notice . Notices of the meetings shall be published in the official newspaper of the member municipalities . ARTICLE XII DOCUMENTS All documents which are required to be made available to the public shall be deposited and kept on file at the Commission office . ARTICLE XIII QUORUM No official action of the Commission shall be recorded as such without' a quorum present and voting. A quorum shall be a majority of the representatives appointed at any one time to the Commission. Associate representatives shall not be counted towards a quorum . ARTICLE XIV COMMITTEES The Commission may appoint committees of Commission members or may appoint advisory bodies to make recommendations to it on cable communications . II) • r COMMISSION BY LAWS (CONTINUED) PAGE -4- ARTICLE XV ANNUAL AUDIT The Commission' s financial books and records shall be audited on or before July First each year, or at such other time as the Commission may direct, by an independent auditor designated and approved by the Commission. The Commission ' s fiscal year. is from February first through January 31st . ARTICLE XVI PARLIMENTARY AUTHORITY The rules contained in the current edition of Robert ' s Mules of Order, Newly Revised, shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with the Joint and Cooperative Agreement, these By Laws and any special rules of order the Commission may adopt. ARTICLE XVII AMENDMENTS The Commission shall have the power to make, amend, and repeal the By Laws of the Commission by a vote of two-thirds ( 2/3) of all the Commissioners present at a regular meeting of the Commission. Provided that the amendment has been submitted in writing and has been read at the last regular meeting and notice of its consideration has been published in the official newspaper of the Commission. ADOPTED BY THE COMMISSION ON THIS /3 DAY OF , 1985 .• • L ip-2�/,3 C CHAIRPERSON '1 7 JP 4; (i4l_t SE 'TARP L ATTEST ATD/a • 2/4/85 • r • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION BY LAWS AMENDMENTS Belete4 language - Inserted (new) language. ARTICLE IX OFFICERS Second Paragraph Officers of the Commission shall be elected at its annual meeting }n the th4F4 eatee.dap week during the month of February of each year. ARTICLE X MEETINGS The regular meetings of the Commission shall be held in the second or third full calendar week of the month . The regular meetings of the Commission will be held at gtIIwatey, g y Hall each of the Member City Halls on a rotating basis , whenever possible. ARTICLE XV ANNUAL AUDIT The Commission 's books and records shall be audited on or before July first of each year LE an internal audit committee or at other such times as the Commission may direct, but no less than every five years by an independant auditor designated and approved by the Commission. • Adopted by the Commission after a public reading and publication of notice of consideration, on the .-2-6K day of Fehruo r , 1986 , at its annual meeting. Ann 14 Bodlovick, Chairperson ATTEST : Phyllis J . White, Secretary Anne T . Davis ATD/a • M CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION AMENDMENT to the BYLAWS ARTICLE IX IS AMENDED AS FOLLOWS: The officers of the Commission shall be a Chairperson, Vice Chairperson and Secretary/Treasurer. All officers shall be primary representatives. Officers of the Commission shall be elected at its annual meeting in the third full calendar week of February of each year. The term of office for Commission officers shall be one (1) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical. No Commissioner shall hold more than one office at a time An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. Vice Chairperson: The Vice Chairperson shall, in the absence of the Chairperson, exercise the powers and perform the duties of the Chairperson. Secretary/Treasurer: The Secretary/Treasurer shall oversee the minutes of the Commission meetings, the notices of the Commission meetings and any other notices required by the Joint and Cooperative Agreement or these Bylaws; and, the Secretary/Treasurer shall oversee the management of the Commission's Funds and Books, and shall be concerned with all the financial matter of the Commission. The Secretary/Treasurer shall co-sign financial documents along with the Chairperson. PASSED AND ADOPTED THIS 21st DAY OF April , 1993. FOR THE CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION . BY15�i. .-c2 " `' tee-/C. et�ef..#-- Ann M. Bodlovick, Its Chairperson BY G(,CL . 9c.,-2 -t A— ack R. Doerr, Its Vice Chairperson ATTEST: (V Larry He ing,elt/vvte Secretary 1 • • Enclosure 2D • ARTICLES OF INCORPORATION FOR CENTRAL ST. CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. ARTICLE I. NAME The non-profit corporation's name shall be: Central St. Croix Valley Community Access Corporation, Inc. ARTICLE II. PURPOSE The purposes for which this corporation is organized are: A. To promote the use of cable communication systems for community and public access in the Cities of Bayport, Oak Park Heights and Stillwater; to address the information and cultural needs of residents, businesses, non-profit organizations, and governmental bodies; to regulate, control and manage dedicated public channels and other franchise issues. B. To promote the common good and the general welfare and to reinforce the bonds of community within the cities. C. In carrying out its authorized activities, the corporation shall make every reasonable effort to: 1) Seek and identify persons with common interest and encourage them to use facilities and channels over which the corporation has jurisdiction to express their interests, concerns, ideas and aspirations. 2) Provide free training in cable communication production for individuals and groups. • 3) Help individuals and groups to develop and produce programs for cablecasting. 4) Assure the availability of accessible cable communication production facilities, pursuant to prescribed rules governing the use of such facilities. S) Encourage the use of facilities and channels over which the corporation has jurisdiction to express divergent ideas and opinions on the broadest range of subjects. 6) Assure the non-commercial, non-discriminatory, free use of facilities and channels over which the corporation has jurisdiction and provide service for a fee when time and equipment requirements dictate use of such fee. 7) Assure fair access for the presentation of alternative views and ideas, consistent with the ordinances of the Cities, the statutes of the State of Minnesota and the laws of the United States. 8) Provide programming different in format, style and content from the programming of radio and television operations serving the Cities. ARTICLE III. NON-PROFIT CORPORATION The corporation shall act exclusively as a non-profit corporation with its activities to be conducted for the aforesaid purposes in such a manner that no part of its profits or earnings or dividends will inure to the benefit of any member, incorporator, director, officer or any other persons or private corporation and shall use all funds to further its corporate purposes. -2- • • ARTICLE IV. DURATION OF CORPORATE EXISTENCE The duration of the existence of this corporation shall be perpetual. In the event of voluntary dissolution of this corporation, said dissolution shall be governed by the procedures set forth in Minnesota Statutes Chapter 317. ARTICLE V. LOCATION OF REGISTERED OFFICE The location of the registered office of this corporation shall be at 324 South Main Street, Suite #203 in the City of Stillwater, County of Washington, State of Minnesota. ARTICLE VI . The following are the names and addresses of the incorporators of this corporation: 1. Ms. Ann Bodlovick, 1551 W. Olive Street, Stillwater, MN 55082 2. Mr. Richard Carlson, Jr., 625 3rd Avenue N. , Bayport, NN 55003 3. Mr. Richard Seggelke, 14256 N. 57th Street, Stillwater, MN 55082 ARTICLE VII. BOARD OF DIRECTORS A. Number The number of directors constituting the Board of Directors of the corporation shall be no less than 7 but not more than 12 voting directors, and one non-voting, ex-officeo director that shall be 'appointed by Washington County Cable T.V. Company. B. Qualification The voting directors shall be individuals who live, work or are engaged in business within the Cities. The directorship of an individual • • who no longer lives, works or is engaged in business within the Cities shall be declared vacant 30 days after the Commission becomes aware of this deficiency. C. Method of Appointment The Central St. Croix Valley Joint Cable Communications Commission shall appoint the Directors of the corporation at their discretion. The Commission should consider as wide a spectrum of interest and experience as possible. The Commission shall place emphasis on general management experience and a strong dedication to the future and quality of the Cities. The ex-officio director shall be appointed from time to time from the Washington County Cable T.V. Company as the company sees fit. D. Term of Appointment A majority of the initial directors shall be appointed for a term of office of 3 years and the remainder of the orginal directors shall be appointed for a term of office of 2 years. Thereafter, directors shall be appointed or re-appointed for 2 year terms upon the expiration of their orginal terms. E. Appointment of Chairperson • The directors shall elect a Chairperson, however the Chairperson's : '` term of office shall not become effective until ratified by the Central St. Croix Valley Joint Cable Communications Commission. • ARTICLE VIII. MEMBER AND DIRECTOR LIABILITY Members and Directors of this corporation shall not be personally liable for the actions or inactions of the corporation. ARTICLE IX. CAPITAL STOCK This corporation shall issue no capital stock. • • • ARTICLE X. CONFLICT OF INTEREST OF DIRECTORS No voting directors shall be employed or have a financial interest in any company holding a cable franchise in the State of Minnesota; shall have been seeking nor be currently seeking a contract with the franchised Cable company in Minnesota or with the Public Non-Profit Corporation; shall be a for-profit buyer or licensee of television time or programs; shall be employed by or have a financial interest in a television or radio company operating in Minnesota. A voting director may be a subscriber to Cable Television. ARTICLE XI. POWERS AND DUTIES OF BOARD The Board: 1) shall adopt annual operating budget subject to the approval of the Cable Commission. 2) shall adopt annual capital budget subject to the approval of the Cable Commission. 3) shall operate, maintain, and/or contract for use of allocated access channels. 4) may hire an Executive Director that shall be subject to the approval of a St. Croix Valley Joint Cable Communication Commission. S) shall adopt operating by-laws and rules and regulations by a majority vote of the Board. 6) may recommend changes to the franchise ordinance to the Cable Commission. 7) shall provide programs and services which are consistent with the franchise ordinance. 1 • •i 1 ' 'i 8) conduct regular public meetings and circulate the minutes thereof to the Cable Commission. 9) shall adopt and provide an annual report that shall be submitted within 30 days after the end of the calendar year. s�— IN WITNESS WHEREOF, we have hereto set our hands this 3/ day of r r , 1984. )7; •std( Ye-t, / - if A Subscribed and sworn to before me, this 21 day of ] , 1984. Notary Public DAVID T.M•rt4USON • NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY My Commission Expues Aug 3.198; �tiHWW`�M • • • r • • __. CENTRAL SAINT CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. Valley Access Channels BY LAWS ARTICLE I Name The name of this corporation shall be the Centred Saint Croix Valley Community Access Corporation. Inc.. known to the public as Valley Access Channels. ARTICLE II Purpose The purposes for which this corporation is organized are: A. To promote the use of cable communications systems for community and public access in the cities of Bayport, Oak Park Heights, Stillwater, Lakeland, St. Mary's Point, Lakeland Shores,Lake St.Croix Beach,and Afton,herein after referred to as the Cities: to address the information and cultural needs of residents, businesses, non-profit organizations, and government bodies; to regulate, control and menage dedicated public channels and to advise the Commission on other franchise issues. B. To promote the common good and the general welfare and to reinforce the bonds of community within the Cities. C. h carrying out its authorized activities, the corporation shell make every reasonable effort to: 1) Seek and identify persons with common interests and encourage them to use facilities and channels over which the corporation has Jurisdiction express their interests.concerns.ideas and aspirations. 2) Provide free training in cable production for individuals and groups. 3) Help individuals and groups to develop and produce programs for ceblecasting. 4) Assure the availability of accessible cable communications production facilities, pursuant to prescribed rules governing the use of such facilities. i • • • 5) Encourage the use of facilities and channels over which the corporation has jurisdiction to express divergent ideas and opinions on the broadest range of subjects. 6) Assure the non-commercial. nondiscriminatory, free use of facilities and channels over which the corporation has jurisdiction and provide service for a fee when time and equipment requirements dictate use of such fee. 7) Assure fair access for the presentation of alternative views and ideas, consistent with the ordinances of the Cities, the statutes of the State of Minnesota end the Laws of the United States. 8) Provide programming different in format. style, and content from the programming of radio and television operations serving the Cities. ARTICLE III Members The Centel Saint Croix Valley Community Access Corporation is composed of the Membership,the Board of Directors.and any committees necessary for the fulfillment of the corporation's purposes. A. Classes of Membership 1) Any person residing within the franchise wee may become a regular voting member by completing a membership form. 2) Any person residing outside the franchise area may become en associate non- voting member by completing a membership form. B. pee There shall be no membership fee. C. Voting Each regular member of the Central St. Croix Valley Community Access Corporation is entitled to vote on appropriate matters brought before the membership. Such matters may be resolved by a simple majority of the members present, except in the case of amendments to the By-Laws as provided for in Article X. ARTICLE IV Board of Directors Membership on the Board of Directors shall be composed of no less than seven (7)but not more than twelve (12) voting directors, and one non voting, ex-officio director who shall be appoint by King Videoceble. ' • • (Board members must be at least 18 years of age. The directors shall be appoint by the Central Saint Croix Valley Joint Cable Communications Commission at its discretion. A majority of the initial directors shell be appointed for a term of office of three (3)years and the remainder of the original directors shell be appointed for a term of office of two (2)years. Thereafter, directors shall be appointed or re-appointed for two(2)year terms upon the expiration of their original terms. When any seat on the Board of Directors becomes vacant by resignation or any other reason, the corporation shall immediately ask the Central Saint Croix Valley Joint Cable Communications Commission to appoint anew member to fill the vacant seat. Any director who misses more than two regular successive meetings of me Board, or five meetings a molly,without sufficient cause,shall be unseated. ARTICLE V Officers The officers of the corporation shall be aCheirperson.Vice Chairperson.Secretary.and Treasurer. The election of officers shall be held at a Board meeting immediately following the annual meeting of the corporation. The officers shell be elected to serve a one(1)year term or until their successors are elected. Their term of office shall begin at the close of the meeting at which they are elected. The election of the chairperson shall be forwarded to the Central St.Croix Valley Joint Cable Communications Commission for its ratification,efterwhich the election shall be effective. All vacancies occurring among the above offices shall be filled by the directors from the membership of the Board. No directors shall hold more than one(1)office at a time,and no director shall be eligible to serve more than two(2)consecutive terms in the sane office. The duties of the officers shall be as follows: Cheiuerson: The Chairperson shell preside at all meetings of the directors and the members,and shell have the general management and control of the business affairs of the corporation. Vice Chairperson: The Vice Chairperson shall,in the absence of the Chairperson,exercise the powers and perform the duties of the Chairperson. The Vice Chairperson shell also generally assist the Chairperson. The Vice Chairperson shall be the Chair of the Community Outreach Committee. Secretary: The Secretary shall keep the minutes of all the proceedings of the Board and the membership, and shall attend to Giving and serving of all notices to the Board and the membership or other notices • • • required by laws. the Articles of hcorporation,or these By Laws. The Secretary shell have charge of the books and papers and shall perform ell other duties incident to the office of Secretary. Treasurer: The Treasurer shall have the custody of all funds,securities,evidence of indebtedness and other personal property of the corporation and shall deposit the same in such bank or trust company as shall be designated by the Board. The Treasurer shall receive and give receipts and acquitances for monies paid in account of the corporation and shell pay out of funds on hand all bills,payrolls,and other just debts of the corporation of whatever nature upon maturity of the sane. The Treasurer shell enter regulariy in the books of the corporation and shell perform all other duties incident to the office of Treasurer. ARTICLE VI Meetings The regular meetings of the Board of Directors of the corporation shall be held on the second Tuesday of each month. The regular meeting on the second Tuesday in April shell be known as the annual meeting of the corporation and shell be for the purpose of receiving annual reports of the officers and committees. Special meetings of the Board maybe called by the Chairperson as needed. The regular membership shall meet in April and September of each yea,at a time and place to be announced by the Board of Directors,for the purpose of receiving corporation status reports and deciding matters requiring avote of the membership. At the meeting of the regular membership in April,a committee shell be elected by the II 9 9 P P nominating Y members of the corporation. It shall be the duty of this committee to nominate cendidates for the Board of Directors. The nominating committee shell submit its report to the Board of Directors at the regular meeting in July. This approved slate of nominees shall be forwarded as the corporation's recommendations for appointees to the Board,to the Central St.Croix Valley Joint Cable Communications Commission for its August meeting at which appointments of new members of the Board shell be made. At any meeting of the board of directors of the corporation,aquorum shell be one more than fifty percent - - (50°.)of the appointed directors at the time,and subject to Robert's Rules of Order. ARTICLE VII Committees • Standing committees of the corporation shell be: Finance,Community Outreach,Policy/Planning,and Studio/Equipment. Members of the committee shell be composed of members of the corporation.and must meet the following criteria: A. not be an employee of the cable company; i • . • • B. live.work,or do business in the franchise area; C. be at least 18 years of age. Committee membership must be no more than seven(7)persons for standing committees. A member of the Board of Directors shall sit on the committee. Each committee shdl have a chairperson appointed by the Board of Directors. It is the responsibility of the chairperson to call,organize,and conduct the meetings of the committee. Committees have the power to recommend action to the Board,however, they do not have the power to act for or in the name of the corporation. The officers of the corporation shag for the Executive Committee of the corporation. The Executive Committee shall be empowered to act on behalf of the corporation between meetings of the Board of Directors. The Board of Directors shall consider ratifying actions of the executive committee at its regular meetings. Such other committees,standing or special,shell be appointed by the Board Chairperson as needed. ARTICLE ViIi Volunteer Organization The volunteer organization shall be members of the corporation who wish to be active in the promotion of the public and community access facilities and programs. Members of the volunteer organization must be regular or associate members of the corporation. Members of the volunteer organization shall elect one of their members to serve as the volunteer coordinator. The duties of the volunteer coordinator shall be to coordinate the activities of the members of the volunteer organization. h the organizational structure of the corporation.the volunteer organization shall be responsible to the Community Outreach Committee of the Board of Directors. There shall be no membership fee to belong to the volunteer organization. ARTICLE IX Compensation No director,officer,or member shall receive from the corporation any compensation for services rendered. ARTICLE X Amendment of the By Laws The Directors shdl have the power to matte,amend,and repeal the By Laws of the corporation by a vote of two-thirds of all Directors present at the annual meeting of the Board. • • Enacted the First Day of November, 1984. 'Phi lsp T 131irtr hterim Chairperson :4 careen Ynrreff Chairperson of Policy/Planning Committee ;21.T.Vrtvis Witness DST:4/30/90 Enclosure E ! S CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION BY LAWS ARTICLE I NAME The name of this joint owers Commission shall be the Central St. Croix Valley YJ oint Cable Communications Commission. ARTICLE II PURPOSE The purpose for which this Commission is organized is to administer and to enforce a non-exclusive cable communications franchise ordinance, and establish rates thereunder, in member municipalities in the Central St. Croix Valley, Washington County, MN, and organize a non-profit corporation to facilitate community programming. It is the intent of this Commission, when appropriate, to operate under the same rules as statutory cities in Minnesota. ARTICLE III MEMBERS The Central Saint Croix Valley Joint Cable Communications Commission represents its three member cities in matters relating to cable communications: The City of Bayport The City of Oak Park Heights The City of Stillwater The three member cities are signatories to the Joint and Cooperative Agreement effective February 1, 1982. Other governmental units (i.e.: School District) which desire to follow the activities of this Commission, to receive and to contribute information about the development of the cable system and desire to coordinate intergovernmental relationships, may affiliate with the Commission as "Associate Members". Governmental units desiring to become Associate Members may submit an application to the Commission. ARTICLE IV REPRESENTATIVES Each member municipality shall appoint two primary representatives, one of which shall be an elected official of that municipality sitting on that municipality City Council; and the other primary representative shall be a qualified voter residing within the boundaries of the appointing municipality. Each member municipality shall appoint an alternative representative. An associate member may appoint an associate representative and an alternate representative. • • • Commission By-Laws, Page 2 ARTICLE V VOTING POWERS Each member municipality primary representative shall have one vote. Alternative representatives appointed by the member cities shall have the power to vote only when a primary representative of that city is absent. Associate representatives shall not have voting power. ARTICLE VI TERMS The period of duration of this Commission shall be as long as the Joint and Cooperative Agreement has authority over cable service in the member municipalities. The terms of member municipalities' primary representatives shall be for two (2) years. Terms of member municipalities' alternative representative shall be for two (2) years. When a vacancy occurs through retirement, resignation or removal, the member municipality shall appoint a representative to fill out the retiring, resigning or removed member's term. Associate member representative terms may be set by the appointing governmental unit. Member municipalities may remove appointed representatives at any time with or w i tho u t cause. The member municipality must provide notice to the Commission of that event as well as to the other member municipalities. ARTICLE VII COMPENSATION Representatives shall serve without compensation from the Commission. However, this shall not prevent a member municipality from compensating its representative if compensation by that member municipality is otherwise authorized by law. ARTICLE VIII CONFLICT OF INTEREST Representatives shall not have a financial interest in any cable company, or its subsidiaries, major equipment or program supp liers: Minn. Stat. §238.15 (1976). • • Commission By-Laws - Page 3 ARTICLE IX OFFICERS The officers of the Commission shall be a Chairperson, Vice-Chairperson, and Secretary/Treasurer. All officers shall be primary representatives. Officers of the Commission shall be elected at its annual meeting during the month of February of each year. The term of office for Commission officers shall be one (1) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical. No Commissioner shall hold more than one office at a time. An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. Vice-Chairperson: The Vice-Chairperson shall, in the absence of the Chairperson, exercise the powers and perform the duties of the Chairperson. Secretary/Treasurer: The Secretary/Treasurer shall oversee the minutes of the Commission meetings, the notices of the Commission meetings and any other notices required by the Joint and Cooperative Agreement or these By-Laws; and the Secretary/Treasurer shall oversee the management of the Commission's funds and books, and shall be concerned with all the financial matters of the Commission. Financial documents may be signed by any officer of the Commission (Chairperson, Vice-Chairperson, Secretary/Treasurer) and the administrative secretary. Checks shall have two (2) signatures. • ARTICLE X MEETINGS The regular meetings of the Commission shall be held in the second or third full calendar week of the month. The regular meetings of the Commission will be held at each of the Member City Halls on a rotating basis, whenever possible. Special meetings of the Commission may be called by the Chairperson or the Secretary upon written request of the majority of the representatives provided that the majority must consist of at least one representative of each member city. • • Commission By-Laws - Page 4 ARTICLE XI NOTICE Notice of regular meetings of the Commission shall be given to the representatives at least five (5) days in advance of the meeting and when feasible, the agenda for such meetings shall accompany the notice. Notices of the meetings shall be published in the official newspaper of the member municipalities. ARTICLE XII DOCUMENTS All documents which are required to be made available to the public shall be deposited and kept on file at the Commission office. ARTICLE XIII QUORUM No official action of the Commission shall be recorded as such without a quorum present and voting. A quorum shall be a majority of the representatives appointed at any one time to the Commission. Associate representatives shall not be counted towards a quorum. ARTICLE XIV COMMITTEES The Commission may appoint committeees of Commission members or may appoint advisory bodies to make recommendations to it on cable communications. ARTICLE XV ANNUAL AUDIT The Commission's financial books and records shall be audited on or before July 1st of each year by an internal audit committee, or at other such times as the Commission may direct, but no less than every five years by an independent auditor designated and approved by the Commission. ARTICLE XVI PARLIAMENTARY AUTHORITY The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with the Joint and Cooperative Agreement, these By-Laws and any special rules of order the Commission may adopt. ARTICLE XVII AMENDMENTS The Commission shall have the power to make, amend, and repeal the By-Laws of the Commission by a vote of two-thirds (2/3) of all the Commissioners present at a • • Commission By-Laws - Page 5 regular meeting of the Commission. Provided that the amendment has been submitted in writing and has been read at the last regular meeting and notice of its consideration has been published in the official newspaper of the Commission. ORIGINAL DOCUMENT ADOPTED BY THE COMMISSION ON FEBRUARY 13, 1985. THIS DOCUMENT HAS BEEN REVISED TO REFLECT CHANGES AS AMENDED, DATED: May 14, 1986, April 21, 1993 and March 19, 1997. REVISED DOCUMENT ADOPTED BY THE COMMISSION ON THIS 16th DAY OF April. 1997. Ann Bodlovick, Chairperson r 04-00 Sharon Ridgway hairperson ,;mss/ ,mac ut7 • ► y rnquis/ Secretary/Treasurer • Cable Commission Meeting 4/16/97 - Page 2 there-Was not a violation. The Corporation will add these hours of inspection to the ii opQr. ','t rules. NEW BUSINESS 1. King Videocable Company Report Kent has accepted a new position in California and introduced his replacement, Steve Hanson, who will be there effective 4/28/97 (phone number will remain the same). Kent sent a letter about this and also a short bio of Steve Hanson and of Kathi Donnelly-Cohen, who may also be involved from time to time. The monthly subscriber report was mailed to Commissioner's homes and other letters and reports were also mailed but not received by everyone, so these items will be discussed more next meeting. (Company response to complaints, expenditures at Access.Center, job descriptions, etc.) Kent indicated that it might not be possible to get complete cost breakdowns on access center expenditures for the entire year of 1996 but that he should be able to get a total for how much was spent for the year. He also indicated that it is possible now to get this report on a monthly basis but that it doesn't usually come out in time for our meeting packets so we might have a month delay if discussing it for our meeting. 2. Access Center Report - Report was received. Roy stated that from now on he would include information about camcorder checkouts. Karen asked about including information on useage of the editing suites; Roy indicated that this is already on his monthly report and that it does reflect actual usage. A group of students from Afton- Lakeland school does a weekly news program at the Access Center and KSTP -TV came out and had some news coverage on this. Roy states that he met with Jack Wennberg of the Corporation to discuss possible equipment purchases for the center. 3. Corporation Report - Karen stated that they updated their personnel policy. a. Approval of Board of Directors - the Corporation has a 9 member board; Jack Doerr was approved by the Corporation to replace Nancy Jacobson. 5 members are wanting to renew their appointments. Chairman Bodlovick questioned why there are so many renewing at once; they should be staggered. It was thought that when new board members came on to finish someone's term that perhaps they were just given a 2 year term instead and therefore this problem. Doug Bergmann requested that in the future that the Commission receive a list of names of board appointees 30 days ahead of the meeting where we are being asked to approve them. MOTION to approve the slate of Corporation Board of Directors by Doug Bergmann, seconded by Gary Talbot. MOTION CARRIED. b. Approval of Revised Budget - Karen stated that it is a deficit budget but that they would go into their money market savings to make up for the extra funds. The Corporation's accountant says it is OK to have a deficit budget. MOTION by Gary Talbot to approve the Corporation's FY 97 budget, seconded by Sharon Ridgway. Enclosure D • • 110 CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION IE MEETING MINUTES �W C April 16, 1997 PPR 2 519.911 i CALL TO ORDER Chairman Ann Bodlovick (Stillwater) called the regular meeting of the Cable Commission to order at 7:34 p.m. at Oak Park Heights City Hall. ROLL CALL Gary Talbot (Stillwater), Doug Bergmann (Oak Park Heights), Gale Leavitt-Bush (Oak Park Heights), Sharon Ridgway (Bayport). Also Present: Kent Leacock, Roy Lalime, Karen Wandmacher, Dave Magnuson, Don Fixmer and Kathy Cinnamon. AGENDA APPROVAL Kathy added Public Comment after Approval of Minutes. MOTION to approve the agenda by Doug Bergmann, seconded by Gary Talbot. MOTION CARRIED. MINUTES APPROVAL MOTION to approve the minutes of 3/19/97 by Sharon Ridgway, seconded by Gary Talbot. MOTION CARRIED. PUBLIC COMMENT Jay Stoddart, 9820 Perkins Ave. N. addressed the Commission and stated that he wanted to see the Commission move forward with ref ranchising and not have the meetings contain pettiness about the access center. He also disputed how the access center is funded. OLD BUSINESS 1. "Dead Doctors Don't Lie" - Dave Magnuson was asked to view the video and give an opinion on whether the program can be shown and in his verbal and written response to the Commission he indicated that the program is an infomercial and should not be shown on the access channel; however he did say that the franchise calls for a channel to be available for commercial purposes and that it could be shown on that channel. Kent indicated that we don't have a channel set aside just for commercial use but that if a person wants to pay a leased access rate (as determined by the FCC) that they could get a commercial program on the air. Kent also indicated that the Dead Doctors program was taken off the air after the last Commission meeting. 2. Public Inspection of Files - Dave Magnuson was asked to review both the complaint and the Company's response to it and his opinion is that since the offering specifies the hours of 9 to 5 for public inspection and Mr. Knutson came at 5:30, that • 0 • • • Cable Commission Meeting 4/16/97 - Page 3 MOTION CARRIED. Karen handed out the Corporation's Annual Report and also a Business Plan for 1997 for the Commission to review and discuss next meeting. Karen spoke about some equipment issues and how to get some equipment which is listed as assets off the books. There is some discrepancy about which equipment was bought with escrow dollars and whose books it should be reflected in. It was requested that the Corporation and Access Center staff go over a listing of the equipment at the studio and determine which equipment was bought with escrow money. Issue was tabled until next meeting. The Corporation has requested to have a workshop with the Commission. No date set at this time. 4. Cable Commission Business a. Needs Assessment Workshop - The Commission will have a workshop on Wednesday, May 7th at 7 p.m. at Bayport City Hall with cable attorney Tom Creighton and a couple representatives from Decision Resources to get started with needs assessment. b. Personnel Complaint Procedure - There was discussion about how to handle personnel complaints, in that these complaints should not be addressed at a public meeting until parties have been notified and have had a chance to respond. Gary suggested that a complaint be identified in writing 2 weeks ahead of the Commission meeting and that the party involved be notified, as well as the Company, Corporation, or Commission (depending on nature of the complaint) and given a chance to respond and/or correct the problem. Then, if necessary, the Commission can bring the issue up for discussion. MOTION by Gary Talbot to address personnel complaints in writing at least 2 weeks ahead of a Commission meeting, seconded by Doug Bergmann. MOTION CARRIED. CONSENT AGENDA MOTION by Doug Bergmann to approve Resolution 97-4-16 approving payment of bills/funds transfer, seconded by Gary Talbot. MOTION CARRIED. AFFIRM NEXT MEETING DATE/ADJOURNMENT MOTION by Sharon Ridgway to have the next monthly meeting on Wednesday, May 21st at 7:30 p.m. at Bayport City Hall, if available, seconded by Gary Talbot. MOTION CARRIED. The meeting was adjourned at 8:40 p.m. Submitted by Kathy Cinnamon Commission Secretary Enclosure 5 MEMO Date : February 6, 1997 To: Mayor & Council From: Mike Robertson, City Administrator Re : Audio Equipment Bids The City posted its request for bids for audio equipment in the Courier News and delivered the bid specs to all who requested them. We have received the following bids . Blumberg Communications 9 764 . 00 g $ , EPA Audio Visual $ 9, 747 . 00 AVI Systems $18, 161 . 00 I have also enclosed City Attorney Mark Vierling' s letter we discussed at the last Council meeting regarding potential changes in regulations governing cable broadcasting. Enclosure 5B • LAW OFFICES OF >• Ecicberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. E�1�6er Stillwater. Minnesota 55082 Susan D. Olson James F. Lammers (6 12) 430-2878 David K. Snyder Ro6erl G. Briggs** FAX (012) 439-2923 Marl, J. V ierling* Paul A. Wolff Gregory G. Gaper• 09i-4-1996) Kevin K. Shoe6erg Direct Dial (612) 351-2118 *Qualified Neutral arI iraior&Mediator Thomas J. Weidner *Quoit/fed Neutral Arbitrator January 28 , 19 97 certifie 1 I�enl E tale Specialist THE HONORABLE DAVID SCHAAF MR MARK SWENSON MAYOR OF CITY OF OAK PARK HTS 14846 UPPER 55TH ST 6201 ST CROIX TRAIL N #121 OAK PARK HTS MN 55082 OAK PARK HTS MN 55082 MR JERRY TURNQUIST MS JANET ROBERT 14298 56TH STREET NORTH 6216 N LOOKOUT TRAIL OAK PARK HTS MN 55082 OAK PARK HTS MN 55082 MR DAVID BEAUDET 6400 LOOKOUT TRAIL NORTH OAK PARK HTS MN 55082 RE: Cable Broadcasting of City Council Meetings Dear Mayor and Council : We wanted to take this opportunity to bring to your attention a Federal Communications Commission Notice of Proposed Rulemaking which has been adopted by that agency on January 9, 1997, that may potentially impact the cable broadcasting of public meetings from City Halls and other government facilities . The proposed rules as issued by the Federal Communications Commission will require some video providers to provide closed captioning on all broadcasts to - assist persons with disabilities to have access to the programming. There are very general concepts within the rules as proposed dealing with the exemption of small providers which do not clearly define who is a small provider for an exempt from the regulations and we trust that throughout the rulemaking process these issues will be further identified. However, should closed captioning be mandated as part of any cable broadcast, there would obviously be experienced a significant cost in the cable casting of city council meetings and other public events that are carried over the cable programming stations . We will continue to monitor these rules as they go through the process of adoption and revision before the Federal Communications Commission. x b • • MAYOR AND COUNCIL Page Two January 28, 1997 I raise the issue to you at this time as I am aware that the Council may, in the future, be considering structural alterations to the City Council Chambers and other facilities within the City to further accommodate cable casting. Given the potential cost that could be experienced if closed captioning or split screen signing is required as a result of these rules, the Council may wish to delay a final decision with regard to cable system improvements until those costs can be further evaluated. Naturally, if you have any questions, please feel free to contact me at your convenience . Yours very truly, Mark J. Vierling MJV/smp cc : Michael Robertson ,/ �` ' CITY It • OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 • Phone: (612) 439-4439 •FAX 439-0574 February 5, 1997 Kathy Cinnamon Central Valley Cable Commission 1941 South Greeley Street Stillwater, MN 55082 Re : City Appointment to the Cable Commission Dear Kathy: This letter is official notice that the City Council of Oak Park Heights has appointed Councilmember Jerry Turnquist as its Council representative to the Cable Commission. The Council also appointed Doug Bergman as its citizen representative . The Council has appointed Councilmember Mark Swenson as its alternate . Please pass this information on to the Cable Commission. If you have any questions, please give me a call . Sincerely, Michael o ertson City Administrator cc : Jerry Turnquist Tree City U.S.A. '1► 411 ...cNovember 15, 1996 ■ 6901 King Videocabi e Company Brooklyn lynPark.Ave N Brooklyn Park.MN 55428 (612)533-8347 -AdmmIstrauon (612)533-8020 -Customer Service Mr. Michael Robertson Equal Opportunity Emp cyer City Administrator/Oak Park Heights r IT r An Affiliate of King Broadcasting Company 14168 North 57th Street P.O. Box 2007 J� • Oak Park Hei g hts, MN 55082-2 007 i NOV NQti 1 919c6 I . Dear Mr. Robertson: t I Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly charges. An example of your monthly bill for the Raymie Johnson building(96 units)would be: Lifeline Tier • 3 year agreement 5 year agreement • $6.00 Bulk Lifeline $5.00 Bulk Lifeline + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $5.04 $6.04 x 96 units = $5.04 x 96 units = - $579.84 per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline. Basic, Expanded. Box & Remote 3 year agreement 5 year agreement $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $1 0.04 $7,04 $10.04 x 96 units = $7.04 x 96 units = $963.84 per month PLUS Franchise Fee and $675.84 per month PLUS Franchise Fee and Sales Tax Sales Tax SERVING THE COMMUNITIES OF Afton,Bayport,Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove.Crystal Denmark Township,Golden Valley,Grey Cloud island,Hanover, Hastings,Hudson.Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove.Medicine Lake.Marshan Township.New Hope,Newport,North Hudson.Cak Park Heights, Osseo.Plymouth.Prescott.River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Townsni o.St.Paul Park St.Mary's Point,Troy Township,West Lakeland Township,Woodbury • I ... Mr. Michael Robertson Page 2 ■ November 15, 1996 King Videocable Company 6901lynPark.MN N. Brooklyn Park.MN 55428 (612)533.8347 -Administration (612)533-8020 -Customer Service I have also included an example of our standard BULK RATE agreement mad , attyt ,oyer • Raymie Johnson Apartments based on a 5 year contract with Lifeline, Basic, ed'et39 9WoprC asiftfompany Remote. I have also included a copy of our channel line-up card. D J If you have any questions, please do not hesitate to call me at (612) 531-4418. Respectfully, j, Gary Hansen Sales Manager GH/es • • SERVING THE COMMUNITIES OF: Afton,Bayport.Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale,Rogers.Stillwater.Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury • • • ?(/ mPLE " BULK.RATE SERVICE AGREEMENT • S.t • This agreement made --this � -day of j4NUMILY 19� b y•.and between - O i PARY.Arty-F 'S CAis[.E Com nissroA) hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". - NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: GENERAL CONDITIONS FOR CABLE TELEVISION: • A. In accordance with the Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as ?,IYMiE JathVSoN 41,7'5 /Lig30-AL 5$657-. 04K PAU)1e/sees/mall the electronic devices and/or equipment necessary to deliver Cable Television service , to cm, units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to 2 outlets in each dwelling unit. Any service to more than 1. outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first .. outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ g ‘1"7 Basic $ ll,,yp ExPANDEQMEg $ 2,55 CONVltTtR Bo)c.1 $ I,(0G tZew►rise c.ON bra t $ • 1 O Total Cost: $ 29• t8 illt % s 7.00 Local Program/Community TV Fee/F;C,C,12 k-dry Fce $ , 014 Franchise Fee 5% $ .35 State Sales Tax @ 6.5% (WI 5.5%) $ , y 8 Total Monthly Charge Per Dwelling Unit $ 7, 81 Total Units X 96 Uaa5 Total Monthly Charge $ 155%52 • - = • The bulk.amount will:adjust any.time the retail. rate i •.adjus.ted but not beyond . . • the specified contractual percentage of the•retail rate identified above. -The monthly rate will.be-billed,'in advance, each month-and payment is.-due upon • • receipt but-must be`received no-later than thirty-days-from-billing. The Owner understands that a statement more than thirty days in arrears is cause for King li to discontinue cable television service to the Property. -C. This Agreement set forth herein shall remain in effect for a period of years from the date first written above. This agreement, unless thirt y (3 0) day notification is received, shall remain in- full force and effect on a month to :month mon bans after the initial period. Owner or King may, with thirty (30) day .notificatian.in writing, cancel the month•to month continuation. . D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editin g, or deleting of programming. E. King reserves the right to review any publicity distributed within the building(s) regarding cable g g e television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for h P the upkeep and maintenance of its CATV m s st y e to each dwellin g unit wall uni a I outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates include do not include converters to facilitate the reception of cable television services. If onv c erters are included, owner accepts responsibility for any loss or damage to converters. If converters are not included as part of this Agreement, tenants of individual units is will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 • • • ••It November 15, 1996 ■ King Videocable Company 6rooklynPark,MN N Brooklyn Park,MN 55423 (672)533-8347 -Administration Mr. Michael Robertson (612)533-4020 -Customer Service _ Equal Opportunity Employer City Administrator/Oak Park Heights �-- r 1 An Affiliate of King Broadcasting Company 14168 North 57th Street P.O. Box 2007 1 � r-- Oak Park Heights, MN 55082-2007 4 i NOV ( 9 1996 i Dear Mr. Robertson: L____ 1 Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly charges. An example of your monthly bill for the Raymie Johnson building(96 units) would be: Lifeline Tier 3 year agreement 5 year agreement $6.00 Bulk Lifeline $5.00 Bulk Lifeline + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $5.04 $6.04 x 96 units = $5.04 x 96 units = $579.84 per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline. Basic. Expanded. Box& Remote 3 year agreement 5 year agreement $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $10.04 $7,04 $10.04 x 96 units = $7.04x96 units = $963,84 per month PLUS Franchise Fee and $675.84 per month PLUS Franchise Fee and Sales Tax Sales Tax SERVING THE COMMUNITIES OF Afton,Bayport,Baytown Township,Brooklyn Center. Brooklyn Park,Corcoran,Cottage Grove.Crystal.Denmark Township.Golden Valley,Grey Cloud Island.Hanover. Hastings.Hudson.Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake.Marshan Township,New Hope.Newport,North Hudson.Oak Park Heights, Osseo,Plymouth,Prescott.River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Township.St Paul Park St.Mary's Point,Troy Township,West Lakeland Township.Woodbury C 00 40C Mr. Michael Robertson ■ Page 2 November 15, 1996 VVinnetka N. King Videocable Company Brooklyn Park,MN 55428 t, -t (612)533.8347 -Administration I have also induded (612)533-8020 -Customer Service d ded an example of our standard BULK RATE agreement m ep�^^'',,t�..{{ ��,° agreement qu�F�¢bd,i,o er Y re Johnson Apartments i s f Ki g a tm ompany Raym ) Ap based on a 5 year contract with Lifeline, Basic, PAS isia,Iran and Remote. I have also induded a copy of our channel line-up card. If you have any questions, please do not hesitate to call me at (612) 531-4418. Respectfully, „mi.% Gary Hansen Sales Manager GH/es SERVING THE COMMUNITIES OF: Afton,Bayport,Baytown Township,Brooklyn Center.Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores.Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury • • LMmPLE. • BULK RATE SERVICE AGREEMENT • This agreement made -this . -day of JON u1erRY .1.917 by• and -between • 6fK FARtiiE[cr+Ts CRgc.F Qb nmrussroA) hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: GENERAL CONDITIONS FOR CABLE TELEVISION: •• A. In accordance with the-Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as ?A• M,E JoeiNSa'/ ants ly83o-N•58657. 04C PAEX JJes„ers,pW.ali the electronic devices and/or equipment necessary to deliver Cable Television service , to 960 units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to 1.. outlets in each dwelling unit. Any service to more than 1 outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ Basic $ IL.'-o ExvV,NDE_D TER $ 2,55 CoN utrrriz B o., $ I,(o fo p/ e)no•ise c1 re l $ • H0 21 /o Total Cost: $ 2,q. ti8 % $ 7,00 Local Program/Community TV Fee/Fd,e,Re r4dory F�ce $ , 0(4 Franchise Fee 5% $ .35 State Sales Tax @ 6.5% (W1 5.5%) $ • 46 Total Monthly Charge Per Dwelling Unit " $ 7, 81 Total Units X 96 uNrfs Total Monthly Charge $ 155.52 • • • The bulk.amount will:adjust anytime the retail. rate is.adjusted but.not beyond . the specified contractual percentage of the•retail :rate identified above. The monthly rate will be-billed;in advance, each month•and payment is-true* upon receipt but must be-received no later than thirty.days-from-billing. The Owner'• - understands that a statement more than thirty days in arrears is cause for King to discontinue cable television service to the Property. C. This Agreement set forth herein shall remain in effect for a period of years from the date first written above. This agreement, unless thirty (30) day notification is received, shall remain in- full force and effect on a month to . month basis after the initial period. Owner or King may, with thirty (3.0) day . 'notification.iri writing, cancel the.month•to month continuation: ' - D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editing, or deleting of programming. E. King reserves the right to review any publicity distributed within the building(s) regarding cable television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for the upkeep and maintenance of its CATV system to each dwelling unit wall outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates 4._include do not include converters to facilitate the reception of cable television services. If converters are included, owner accepts responsibility for any loss or damage to converters. If converters are not included as part of this Agreement, tenants of individual units will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 • Jo • • ... November 15, 1996 ■ 6901 Winnetka Ave.N. King Videocable Company Brooklyn Park.MN 55426 (612)533-3347 -Administration (612)533-3020 -Customer Service Mr. Michael Robertson " Eq u al Opportunity u ni ry E m p cue r City Administrator/Oak Park Heights An Affiliate of King Broadcasting Company •14168 North 57th Street l = _ '_ _' -- P.O. Box 2007 ' !> ' Oak Park Heights, MN 55082-2007 NOV V 1 9 1990 Dear Mr. Robertson: 1 I Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered Y J AP g when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly char g es. An example of your monthly bill for the Raymie Johnson building(96 units) would be: Lifeline Tier 3 year agreement 5 year agreement $6.00 Bulk Lifeline $5.00 Bulk Lifeline + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $5.04 $6.04 x 96 units = $5.04 x 96 units = $579.84 per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline. Basic. Expanded. Box& Remote 3 year agreement 5 year agreement $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $10.04 $7.04 $10.04 x 96 units = $7.04 x 96 units = $963.84 per month PLUS Franchise Fee and $675.84 per month PLUS Franchise Fee and p $ P Sales Tax Sales Tax SERVING THE COMMUNITIES OF: Afton,Bayport. Baytown Township,Brooklyn Center.Brooklyn Park,Corcoran,Cottage Grove.Crystal.Denmark Townshi p.Golden Valle y,Grey Cloud Island,Hanover, Hastings,Hudson.Lakeland,Lakeland Shores,Lake St.Croix Beach;Maple Grove,Medic!ne Lake.Marshan Township.New Hope.Newport,North Hudson.Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale,Rogers,Stillwater,Stillwater Township.St.Paul Park St.Mary's Point,Troy Township,West Lakeland Township,Woodbury • • I � Mr.Michael Robertson Page 2 ■ November 15, 1996 King Videocable Company 8901 VYn Park . Brooklyn Park,.M MNN 5 565428 (672)533-8347 -Administration (612)533-8020 -Customer Service I have also induded an example of our standard BULK RATE agreement P $ macie,s34,for o er Y • Raymie Johnson Apartments based on n i'a t Ki g d a tin ompany Raym ) Ap n a 5 year contract with Lifeline, Basic, 8 ded, � an�f Remote. I have also included a copy of our channel line-up card. If you have any questions, please do not hesitate to call me at(612) 531-4418. Respectfully, `, Gary Hansen Sales Manager GH/es SERVING THE COMMUNITIES OF: Afton,Bayport.Baytown Township,Brooklyn Center.Brooklyn Park.Corcoran,Cottage Grove,Crystal,Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury •, � )(1 PLE • • BULK.RATE SERVICE AGREEMENT • . • 5•t . This .agreement made --this -day of •j 144 UrtitY , .1917 by• and -between 6f}K?ARV. ccttrS Cggt.F CbmrrltssroA) hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". - NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: • GENERAL CONDITIONS FOR CABLE,TELEVISION: • . • A. In accordance with the Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as AYM�E JOefNSoN & 's IUg3o-N.50-6ST. Oh PAea;gageirsim,all the electronic devices and/or equipment necessary to deliver Cable Television service , to q(o units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to .1. outlets in each dwelling unit. Any service to more than ,1„_ outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ g,i- Basic $ Ih.y0 EXPANDED TIER $ 2.55 CON Va/ reit BOX. $ tZerno-se Cb t rot 0 Total Cost: $ 2,q. Vb % $ 7.0O Local Program/Community TV Fee/rd.C•R�vldory Fct $ , O 1 Franchise Fee 5% $ .35 State Sales Tax @ 6.5% (WI 5.5%) $ . 4 8 Total Monthly Charge Per Dwelling Unit $ 7, g'7 Total Units X 96, uurfs Total Monthly Charge $ 155.S2 • The.bulk.amount will:adjust any:time the retail. rate is.adjusted but'.not beyond . the specified contractual percentage of the•retail 'rate identified above. •The monthly rate will be-billed,'in advance, each month•and payment is.-due upon • • receipt butrnust be•received no -later than thirty days-from-billing.. The Owner understands that a statement more than thirty days in arrears is cause for King to discontinue cable television service to the Property. •C. This Agreement set forth herein shall remain in effect for a period of 5 years from the date first written above. This agreement, unless thirty (30) day notification is received, shall remain in full force and effect on a month to . month basis after the initial period. Owner. or King may, with thirty (30) day . notification.in writing cancel the month-to month continuation: D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editing, or deleting of programming. E. King reserves the right to review any publicity distributed within the building(s) regarding cable television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for the upkeep and maintenance of its CATV system • to each dwelling unit wall outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates !~ include do not include converters to facilitate the reception of cable television services. If converters are included, owner accepts responsibility for any loss or damage to converters. If converters are not included as part of this Agreement, tenants of individual units will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 • • • • ...c 1• November 15, 1996 6901 Winnetka Ave.N King Videocable Company (612)Brooklyn 3-83,1 MN 55423 (612)533-4317 -Administration (612)533-a020 -Customer Service Mr. Michael Robertson Equal Opportunity Employer City Administrator/Oak Park Heights n An Affiliate of King Broaecasting Company 14168 North 57th Street ( -- P.O. Box 2007 r Oak Park Heights, MN 55082-2007 i � NOV 1 91996 Dear Mr. Robertson: Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly charges. An example of your monthly bill for the Raymie Johnson building(96 units) would be: Lifeline Tier r . 3 year agreement 5 year agreement $6.00 Bulk Lifeline $5.00 Bulk Lifeline + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $6.04 x 96 units = $5.04 x 96 units = $579.84 per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline, Basic, Expanded. Box& Remote 3 year agreement 5 year agreeme t • $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $10.04 $7.04 $1 0.04 x 96 units = $7.04 x 96 units = $963.84 er month PLUS Franchise Fee ee and $675.$4 P er month PLUS Franchise Fee and Sales Tax Sales Tax SERVING THE COMMUNITIES OF: Afton.Bayport, Baytown Township,Brooklyn Center, Brooklyn Park,Corcoran,Cottage Grove,Crystal.Denmark Township.Golden Valley,Grey Cloud island.Hanover, Hastings,Hudson.Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove.Medicine Lake,Marshan Township.New Hope.Newport,North Hudson,Oak Park Heights, Osseo.Plymouth,Prescott,River Falls,Robbinsdale,Rogers,Stillwater,Stillwater?cwnshio.St.Paul Park St.Mary's Point,Troy Township,West Lakeland To•.vnship,Woodbury • „,c Mr.Michael Robertson Page 2 November 15, 1996 BlynnetkaAve.N. King Videocable Company Brooklyn Park,MN 55428 (612)533.8347 -Administration (612)533-8020 -Customer Service I have also induded an example of our standard BULK RATE agreement ma4eor40 oyer Raymie Johnson Apartments based on a 5 year contract with Lifeline, Basic, "A>' Sed`ed?tazagtngompany Remote. I have also induded a copy of our channel line-up card. If you have any questions, please do not hesitate to call me at(612) 531-4418. Respectfully, Gary Hansen Sales Manager • GH/es • SERVING THE COMMUNITIES OF: Afton,Bayport,Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township.Golden Valley,Grey Cloud Island,Hanover. Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township.Woodbury • t. )(• AmPL i^ • • • - BULK.RATE SERVICE AGREEMENT • . • St . This agreement made --this 1. -day ' Y of ��ot+t UR•R.y -1.9./7 by• and •between 6A4 FAQK.AE c*r5 eAg.ECbr»n,cssrcnl hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: • GENERAL CONDITIONS FOR CABLE TELEVISION: ••� . - •- • A. In accordance with the-Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as 1201YMiE Niot}NSoN 1nrs 114g3o-N.5845T. 04KPAe):lel r,!nMall the electronic devices and/or equipment necessary to deliver Cable Television service , to Was units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to .1. outlets in each dwelling unit. Any service to more than j.,_ outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first 1 outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ g .1/ Basic $ u .y0 • Dr1NaED TtErt $ 2,55 CONvtr1 eR 2.3%.1 $ i,", i Kemore CON`rot $ • 40 2(,� 1 4 Total Cost: $ 201_. ‘Pj Iiik % $ -7.op Local Program/Community TV Fee/F t.e.Re9uk4ory Fet $ • °y Franchise Fee 5% $ .36 State Sales Tax © 6.5% (WI 5.5%) $ . y 6 Total Monthly Charge Per Dwelling Unit $ '7, 87 Total Units X 9G CJAJ?+s Total Monthly Charge $ 155.52 • • • :. The.bulk.amount will:adjust any:time the retail. rate is.adjusted but not beyond . the specified contractual percentage of the•retail :rate identified above. The monthly rate will be-billed;in advance, each month and payment'is.-due upon • • receipt but•rnust be-received no -later than thirty-da s•from.billin The - rtY Y e O - understands that as statement more than thirty days arrears i Y Y s s cause for Kin to discontinue cable television service to the Property. g -C. This Agreement set forth herein shall remain in effect for a period of 5 years from the date first written above. This agreement, unless thirty (30) day notification is received, shall remain in- full force and effect on a month to . month basis_ after the initial period. Owner. or King may, with thirty (3.0) day notification in writing, cancel the.month•to month continuation: • D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editing, or deleting of programming. E. King reserves the right to review any publicity distributed within the buildings) regarding cable television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for the upkeep and maintenance of its CATV system to each dwelling unit wall outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates � include do not include converters to facilitate the reception of cable television services. If converters are included, owner accepts responsibility for any loss or damage to converters. If converters are not included as part of this Agreement, tenants of individual units will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 • • • • rNovember 15, 1996 ■ 6901 Winnetka Ave.N Videocable Company Broo klyn Park.MN 55 4 23 (612)533.8347 -Administration (612)533-8020 -Customer Service Mr. Michael Robertson Equal Opportunity Employer City Administrator/Oak Park Heights An Affiliate of King Broaccasring Company 14168 North 57th Street P.O. Box 2007 ;i f Oak Park Heights, MN 55082-2007 NOV 1 9 1996 • Dear Mr. Robertson: t I Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly charges. An example of your monthly bill for the Raymie Johnson building(96 units) would be: Lifeline Tier 3 year agreement 5 year agreement $6.00 Bulk Lifeline • $5.00 Bulk Lifeline + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $5.04 • $6.04 x 96 units = $5.04 x 96 units = $579.84,per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline,Basic, Expanded. Box & Remote 3 year agreement 5 year agreement $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $10.04, $7.04 $10.04 x 96 units = $7.04 x 96 units = $963.84 per month PLUS Franchise Fee and $675.84 per month PLUS Franchise Fee and Sales Tax Sales Tax SERVING THE COMMUNITIES OF: Afton,Bayport, Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove.Crystal.Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings.Hudson.Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove.Medicir.e Lake,Marsnan Township,New Hope,Newport,North Hudson,Cak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale,Rogers,Stillwater,Stillwater Tcwnshio.St.Paul Park. Mary's Point,Troy Township,West Lakeland Township,Woodbury • a� ... Mr.Michael Robertson Page 2 ■ November 15, 1996 6901 Winnetka Ave.N. King Videocable Company Brooklyn Park,MN 55428 (612)533.8347 -Administration (612)533-8020 -Customer Service I have also included an example of our standard BULK RATE agreement madgfor ,oyer • Raymie Johnson Apartments based on a 5 year contract with Lifeline, Basic, taep ,famfghlg gn�c�ca�tiiaGompany Remote. I have also included a copy of our channel line-up card. D X 3f1II If you have any questions, please do not hesitate to call me at(612) 531-4418. Respectfully, Gary Hansen Sales Manager GH/es • SERVING THE COMMUNITIES OF: Afton,Bayport,Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale.Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury - •w )(AMPLE. • ' - . BULK.RATE SERVICE AGREEMENT . • . This agreement made -this . -day of -5 ON U +i .1 g gl by b and between 644?Arzt ftcri 046c.E Comfrussro u hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". - NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: GENERAL CONDITIONS FOR CABLE TELEVISION: •• . . . A. In accordance with the-Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as IZigiYMIE 3014N5 31.1 4)T'5 14830-N.58657. 0ht 7,42K1ieismrs,MN,a1l the electronic devices and/or equipment necessary to deliver Cable Television service , to 96; units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to 1L... outlets in each dwelling unit. Any service to more than 1, outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first 1 outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ $ ri Basic $ ii..yp EXPANDED TLER $ 2.55 CoNverr BoX. $ WA; Kernoise Co/Aro l $ . 40 2 0 Total Cost: $ 29. 18 ilk % $ 7.00 Local Program/Community TV Fee/ret.Rerkivey Fee. $ • O`'r Franchise Fee 5% $ .35. State Sales Tax @ 6.5% (WI 5.5%) $ ! y 6 Total Monthly Charge Per Dwelling Unit $ 7. 87 Total Units X 96 uur+s Total Monthly Charge $ 155.52 f"> • The.bulk.amount will:adjust any:time the retail.rate is.adjusted but•.not beyond . the specified contractual percentage of the•retail :rate identified above. The • monthly rate will be-billed,'in advance, each month-and payment is`due upon receipt'but•must P be-received no later than thirty-days-from-billing.� Th e O caner understands that a statement more than thirty days arrears y ea s is cause for King to discontinue cable television service to the Property. •C. This Agreement set forth herein shall remain in effect for a period of 5 years from the date first written above. This agreement, n u unless thirty (30) day i notification is received, shall remain in• full force and effect on a month to . month basis after the initial period. Owner. or King may, with thirty (30) day . notification in writing, cancel the'Month-to month continuation: . D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editing, or deleting of programming. E. King reserves the right to review any publicity distributed within the building(s) regarding cable television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for the upkeep and maintenance of its CATV system to each dwelling unit wall outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates include do not include converters to facilitate the reception of cable television services. If converters are included, owner accepts responsibility for any loss or damage to converters. if converters are not included as part of this Agreement, tenants of individual units will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 • • • November 15, 1996 ■ 6901 nk N.Videocable Corn an Brooklyn Park,MN (612)533-8347 -Adm Administration Mr. Michael Robertson (612)533-8020 -Customer Service Equal Opportunity Employer City Administrator/Oak Park Heights An Affiliate of King Broadcasting Company 14168 North 57th Street g P.O. Box 2007 Oak Park Heights, MN 5508 - NOV 19 1996 g z tool Dear Mr. Robertson: Below please find our proposed bulk rate discounts for the Oakridge Care Center and the Raymie Johnson Apartments in Oak Park Heights, Minnesota. These discounts can be offered when all units in a building are delivered the same services and are billed accordingly on one monthly bill. Individual units/tenants can order video services over and above what the bulk rate agreement specifies and they would be individually responsible for those monthly charges. An example of your monthly bill for the Raymie Johnson building(96 units)would be: Lifeline Tier 3 year agreement 5 year agreement $6.00 Bulk Lifeline $5.00 Lifeline $ 00 Bufk Life e + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $6.04 $5.04 $6.04 x 96 units = $5.04 x 96 units = $579.84 per month PLUS Franchise Fee and $483.84 per month PLUS Franchise Fee and Sales Tax Sales Tax Lifeline. Basic. Expanded. Box& Remote 3 year agreement 5 year agreement $10.00 Bulk rate $7.00 Bulk rate + .04 F.C.C. Regulatory Fee + .04 F.C.C. Regulatory Fee $10.04 $7.04 $10.04 x 96 units = $7.04x96 units = $963.84 per month PLUS Franchise Fee and $675.84 per month PLUS Franchise Fee and Sales Tax Sales Tax SERVING THE COMMUNITIES OF: Afton,Bayport,Baytown Township,Brooklyn Center,Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township, Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,Marshan Township,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale,Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury • • Mr.Michael Robertson Page 2 ■ November 15, 1996 6901 Winnetka Ave.N. King Videocable Company Brooklyn Park,MN 55428 (612)533-8347 -Administration (612)533-8020 -Customer Service I have also included an example of our standard BULK RATE agreement ma , crxoyer Raymie Johnson Apartments based on a 5 year contract with Lifeline, Basic, E ;iedg99�dxa t` company Remote. I have also included a copy of our channel line-up card. If you have any questions, please do not hesitate to call me at(612) 531-4418. Respectfully, Gary Hansen Sales Manager GH/es SERVING THE COMMUNITIES OF: Afton,Bayport, Baytown Township,Brooklyn Center, Brooklyn Park,Corcoran,Cottage Grove,Crystal,Denmark Township,Golden Valley,Grey Cloud Island,Hanover, Hastings,Hudson,Lakeland,Lakeland Shores,Lake St.Croix Beach,Maple Grove,Medicine Lake,MarshanTownship,New Hope,Newport,North Hudson,Oak Park Heights, Osseo,Plymouth,Prescott,River Falls,Robbinsdale,Rogers,Stillwater,Stillwater Township,St.Paul Park,St.Mary's Point,Troy Township,West Lakeland Township,Woodbury _r. . 4) bXAMPLE • • BULK RATE SERVICE AGREEMENT . 5.e This agreement made -this . J... -day of . N u ,+/ •1.9 7 b Y' and •between � OAI PARit.4Etct+TS OWE Cbmtrussto u hereinafter referred to as "Owner" and King Videocable Company - Minnesota, herein referred to as "King". NOW, THEREFORE, in consideration of the mutual promises herein contained King and Owner agree as follows: GENERAL CONDITIONS FOR CABLE TELEVISION: •• • A. In accordance with the-Cable Television Wiring Agreement, King shall install and maintain in, on, and about the Owner's property, known as ZAYME JOdN5o J APTS J4g3o-AL 5405T• OAK Pie kieritm,pmall the electronic devices and/or equipment necessary to deliver Cable Television service , to 96, units located on the above property. King shall be responsible for connecting said service to each unit and maintaining signal strength and quality in accordance with Federal Communications Commission rules and regulations. B. King will supply the level of service indicated below to 1— outlets in each dwelling unit. Any service to more than ,1 outlets within each dwelling unit shall be charged to occupant of said dwelling unit, at normal installation and monthly rates. The monthly charge for service to the first I. outlets in all units will be billed to the Owner at the indicated percentage of the then established retail rate. Effective Current Monthly Contract Monthly Rate Service Retail Rate Percentage Per Unit Lifeline $ Basic $ 11e."10 ExPANoEb $ 2.55 CoN v errrIZ Boy, $ 1,(0G p� eemo"se Qu$ro l $ • 40 2 L1 /b Total Cost: $ 29. 16 likt % $ 7 oo Local Program/Community TV Fee/re.e,Reyv1440ry Fee $ • 044 Franchise Fee 5% $ .35 State Sales Tax @ 6.5% (WI 5.5%) $ • 480 Total Monthly Charge Per Dwelling Unit $ 7, 87 Total Units X 96 u,,*=Fs Total Monthly Charge $ 755.$2 • • 0: • The.bulk.amount will:adjust anytime the retail.rate is.adjusted but.not beyond . the specified contractual percentage of the•retail rate identified above. The • monthly rate will be-billed;in advance, each month and payment is due upon receipt but•must be-received no later than thirty-days-from-billing. The Owner understands that a statement more than thirty days in arrears is cause for King to discontinue cable television service to the Property. -C. This Agreement set forth herein shall remain in effect for a period of 5 years from the date first written above. This agreement, unless thirty (30) day notification is received, shall remain in full force and effect on a month to month basis after the initial period. Owner or King,may, with thirty (30) day notification in writing; cancel the month-to month continuation: • D. Owner must cablecast programming when, and as is, delivered. This includes no delays in programming, no alterations, editing, or deleting of programming. E. King reserves the right to review any publicity distributed within the building(s) regarding cable television service. F. Owner agrees to the protection of registered names or trademarks as may be required by specific programming sources. G. King shall be responsible for the upkeep and maintenance of its CATV system to each dwelling unit wall outlet however, should any damage occur to such CATV facilities by acts or omissions of the Owner or his agents, the Owner shall be responsible for all costs associated with any such repairs. H. The above rates include do not include converters to facilitate the reception of cable television services. If converters are included, owner accepts responsibility for any loss or damage to converters. If converters are not included as part of this Agreement, tenants of individual units will be responsible for any monthly rental charges for converters, any loss or damage to converters, and any loss or damage charges associated. Owner: King Videocable Company-Minnesota By: By: Its: Its: Revised 8/30/94 KING IDEOCABLE CHANNEL L' E-UP © Lifeline (717)Basic 4 . Expanded 46 Cable Plus El Premium/Pay-Per-View C:77777,11N7:t:Mg. The Discovery Channel ' ' •Public Access TMETRAVEL Diseouerg,1 Nature,Science,Histo cm Z2 •Stillwater Religious/Senior Access j ,Au °•°-•, and Cultural Program ry 1 1 . i ••River Falls/Hudson/Prescott WHWC C171N11VEL ................:: © KTCATV2 X23, ?3 4 Bravo n PBS KLGTv 23 n ▪ Twin Cities iYB,-„„ •Educational Access © Video Hits One •Prescott Public/Government Access ��T Home&Garden \�l Adult n •Hudson Education Access/WKBT _J 1 �, Television \/ LJ Contemporary 1 J i uu r� r, WCCO TV4/CBS AMC d .e- Turner Classic Twin Cities •MOVIE•; American Movie �.II,mIIi Movies V1tili-' Classics 0 KSTP TV5/ABC (/\J ■ KVBM d F� OF THE Os& ��\j Twin Cities I 1 a 1 B 1 N[T . ,60s,'70s&'80s 26 •Regional Access ENTERTAINMENT id>' „iv. The SCi-Fi ( 6 •River Falls Hudson Ed.Access/WEAU TELEVISION 46-- Channel (� c::;;:>:;::;>:.::::>::: ssw��a# •..ttE independent ��ri I craw > + ; 4 ,,,„.:::<�::,, The Total Sports Network n Consumer News&Business Channel - --- - ` film channel n Cable News \5t pay-Per-View Q WFTC ( \ Network 24-Hr. JI Information Channel ` V l Fox n `` ?> --' '' `� In-Depth News 9 . KMSP-TV 9 MTV SHOWTIME :1 N (Independent) //�� Rock Videos ion ^^ nn Y J s :.r Rock Videos-24 Hrs. i J 1 1 1 � � � � � Movies,Series& Hours •Public Access Midwest © Family-Oriented 10 •Hudson Government Access Sports Thc�°wepch.n„&. Classic Movies n •Prescott/WEAU ”) ® and Specials 1 � � '::<::;:<; Channel M�,�,��,�,.a,,�_ al The Family Channel • Movies,Sports KARE TV 11/NBC Q &Specials �� Twin Cities n /,��1 Family Oriented ^ 133 H . n Programming 1 , 24 Hours 12 •Government Access THE LEARNING Pay-Per-View •Prescott WKBT CHANNEL 54 1-800-885-5454 (l sat JNE Headline News Country Mu is �lt�/i/©©�� Updated Eve s P Every A 30 Minutes `ii:i Al© Television n Movies,Comedy&Entertainment ' + Classic American TNe P1-800-885-5656 ay-Per-View Programming&Ori final 141 OY URNE�ORK 9 HIST R 6 T TELEVISION Blockbuster Specials � ::::�:;::;::: Jl�1 CHANNEL ` / Arts& CQMEEl V ,•,E• '•E Box Office Hits, Entert inment Classic Films- a .� E N � '��:..� ��� Visual&Performing Arts n �r...1 T Ft,R L n al pM�~ and pecials y , LZ Bl'ZYYIe. Health,Nutrition BIaCk The A R • • Network &womenus a Entertainment ;, Television for Women- Programming Television CB KTCI TV7 The Nashville Network ( Ty TVFN E t rt inment Food and All PBC Music & n e a O O p Twin Cities + + "" " with a Nashville Flair ` + NETWORK Its Possibilities glif NICKELODEON 111149 Informational,Education& n iE`SPN II COURT v Entertaining Family Programming ■ I ,;:' The Total Sports Network n TBS-Atlanta Quality,Value, 19 UNIVISION 40 © ; Superstation QVCI Convenience C , •River Falls-UWRF Access ,„ Movies,Variety,Sports 24-Hour Shop-at-Home Network Movies,Sports, KXLI TV (62) C-SPAN 1 Variety and ^ Inds endent St.Cloud Live Coverage of U.S.House of 101 ,,,.... ... um NETWORK Family Programming ` f (41 ) p Representatives/Public Affairs THE National and 42 WGN—Chicago n 63 WEATHER Superstation C-SPAN 11/PPV Events CHANNEL Local Reports Movies,Variety&Sports i w Y •ice ST.CROIX 533-8020 • MN 1-800-255-4640 • WI Effective 9/1/96 0 .- King••• Videocable Company YOUR HOME ENTERTAINMENT CENTER Business Office 7584 80th Street South • Cottage Grove, MN 55016 MONTHLY CHARGES CUSTOMER SERVICE SOUTH WASHINGTON COUNTY PHONE NUMBERS: (Cottage Grove,Newport,Woodbury,St.Paul Park,Grey Cloud Island) M N 533-8020 LIFELINE $ 7.09 BASIC $15.00 WI 1-800-255-4640 CENTRAL ST.CROIX VALLEY (Stillwater,Oak Park Heights,Bayport,Baytown Township, Stillwater Township) LIFELINE $ 8.17 BASIC $16.40 CUSTOMER SERVICE CENTER HOURS: LOWER ST.CROIX VALLEY (Lakeland,Lakeland Shores,St.Mary's Point, PHONE HOURS Lake St.Croix Beach,Afton) LIFELINE $ 6.47 Monday thru Thursday 8:00 a.m.to 9:00 p.m. BASIC $15.15 Friday WEST LAKELAND y 9:00 a.m.to 9:00 p.m. LIFELINE $ 6.47 Saturday 9:00 a.m.to 8:00 p.m. BASIC HASTINGS/MARSHAN TOWNSHIP $15 WALK-IN HOURS LIFELINE $ 6.47 Monday&Wednesda y 8:00 a.m.to 7:00 p.m.$14.86 PRESCOTT(WI) Tuesday,Thursday&Friday 8:00 a.m.to 5:00 p.m. LIFELINE $ 6.58 Saturday 8:00 a.m.to 12:00 p.m. BASIC $14.82 DENMARK TOWNSHIP LIFELINE $ 6.47 SERVICE CHARGES BASIC $14.89 RIVER FALLS(WI) INSTALLATION LIFELINE $ 6.58 BASIC $144.55 5 UNDERGROUND $69.55 COMMUNITY TV FEE $ .50 AERIAL $43.47 HUDSON/NORTH HUDSON RECONNECT LIFELINE $ 6.58 UNDERGROUND $26.08 BASIC $14.38 AERIAL $34.78 TROY TOWNSHIP(WI) LIFELINE $ 6.58 EQUIPMENT INSTALLATION $26.08 BASIC $14.62 ADDITIONAL TV'S EXPANDED $ 2.55 WITH INITIAL INSTALLATION $ 8.69 ESPN2,WTBS,WGN,BRAVO,TRAVEL CH.(Each) $ .80 AFTER INITIAL INSTALLATION $34.78 CONVERTER(Each) $ 1.66 REMOTE CONTROL(Each) $ .40 RELOCATE OUTLET BEST VALUE PACKAGES WITH INITIAL INSTALLATION $17.39 HBO/DISNEY $14.90 AFTER INITIAL INSTALLATION $43.47 HBO/SHO/MAX $19.95 HOURLY RATE $34.78 HBO/SHO/DISNEY $19.95 SHO/TMC $ 9.95 DOOR COLLECTION FEE $15.00 CABLE CHANNELS PLUS $ 4.95 CHANGE OF PREMIUM SERVICE $ 2.00 TURNER CLASSIC MOVIES,ENCORE, LATE FEE $ 5.00 SCI-FI,INDEPENDENT FILM(Each) $ 1.60 CABLE CHANNELS PLUS W/PREMIUM $ 2.95 RETURNED CHECK FEE $15.00 HBO,CINEMAX,SHOWTIME,TMC(Each) $10.95 ANY TWO OF ABOVE $18.90 DISNEY $ 3.95 All listed prices are subject to change. PREMIUM PLUS(Premium Channel On Addl.TV) $ 2.30 Prices do not include state sales tax MONTHLY PROGRAM GUIDE $ 2.00 FCC REGULATORY FEE $ 0.04 or Franchise fees. FRANCHISE FEE 5%of Monthly Rate 10/96 410 111 Enclosure A MEMO Date : October 31, 1996 To: Mayor & Council From: Mike Robertson, City Administrator Re: Cable TV at Senior High Rise Apartments Councilmember Swenson, City Attorney Vierling, and myself met with Kent Leacock of King Videocable, and Steve Yurick and Bev Peterson of REM property management to discuss cable TV at the senior high rise apartments . We worked out the outline of a deal which would have to be taken to everyone concerned for approval . The deal goes like this; REM agrees to be billed directly for cable tv at Oakridge apartments . This allows King to deal with one customer rather than 86 . In turn, everyone of the 86 apartments is hooked up for the most minimal cable tv package, called Lifeline, which costs a little over $8 a month. (This would include the government access channels) . This is less than the $10 . 56 a month residents currently pay for cable tv. Individuals would pay extra if they wanted additional channels . The Cable Commission would contribute the 5% franchise fee they would otherwise receive from King Videocable for the Oakridge Apartments back into the pot to make it affordable . Obviously King Videocable, REM, and the Cable Commission would have to all agree to this . Everyone at the table agreed that this was a good deal for everyone, and agreed to communicate with their respective bodies to obtain approval . Leacock also suggested that since King Videocable would save time and money by dealing with just one customer, he would see if he could get some bulk rate discounts to make the deal even more attractive . Enclosure 3B • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, OCTOBER 8, 1996 Call to Order: The meeting was called to order at 6 :30 p.m. by Deputy Mayor Kern. Present : Councilmembers Robert, Schaaf, and Swenson. Staff Present : Deputy Clerk/Finance Director Holst, Public Works Director Benson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards . Mayor O'Neal arrived at 6 :35 p.m. Visitor Comments: Darrel Haase was present to object to something that was reported in an article printed in the Pioneer Press . Haase said the article stated that there were contaminated wells on his father' s property and, in fact, there are no contaminated wells . Councilmember Schaaf stated that environmental tests have found no evidence of contamination in any of the wells located on the Haase property. Jack Doerr, Chair, Central Cable Commission - Doerr reported that King Video Cable has eliminated bulk rate pricing for senior citizens in the high rises. Senior citizens will now be paying the regular subscriber price ($30 . 00 versus $9 . 00) . Mr. Doerr stated that as a result of the Cable Act of 1972, which stripped commissions of power to regulate rates, there is nothing the commission can do to prevent the price increase . Council expressed concern, noting that cable television provides a great service to senior citizens, and many can not afford the price increase. Mr. Doerr encouraged residents to attend a Public Hearing scheduled Wednesday, October 16, 1996 at 7 : 00 p.m. at Bayport City Hall to voice their opinion. Councilmember Robert, seconded by Schaaf, moved to direct Administrator Robertson write a letter to the Cable company stating disappointment with the raise in rates for senior citizens. Carried 5-0 . Department Reports: Police Department - Council reviewed a request from Officer Joe Croft that the City reimburse 800 of his educational expenses . Because there is no written policy, Chief Swanson requested input from the City Council . Councilmember Swenson, seconded by Kern, moved to approve authorizing up to 80%- of Joe Croft 's educational expenses . Carried 5-0 . Council directed Administrator Robertson draft a policy regarding educational reimbursement to review at the next City Council meeting Tuesday, October 22, 1996 . • alley Access Channels Corporate Office 14791 North 60th Street • Stillwater, MN 55082 • (612) 430-0074 ,lob Description: Executive Director Accountable to Valley Access Channels Board of Directors Community Outreach: - Public Relations - Produce and Edit Community Programming - Maintain Office and Programming Correspondence - Grant Writing - Attend Meetings with Other Organizations - Act as liaison with Lower Valley and Central Valley Cable Commissions - Work with Volunteers Administrative Duties: - Provide Administrative Support to the Board and Committees - Attend Board Meetings, give advice and council - Plan Meetings, Prepare Agendas and Meeting Minutes - Prepare Research and Recommendations - Develop Corporation's Annual Report - Maintain Operating Records and Correspondence of Corporation - Develop and Manage Special Projects Assigned by the Board - Purchase Office Supplies • - Innovative Problem Solving - Secretarial Duties - Other Tasks as requested by the Board Enclosure 2B • • CENTRAL ST. CROIX VALLEY JOINT CABLE COK4UNICATION COMMISSION JOINT AND COOPERATIVE AGREE I€NT • EXHIBIT "B" 411 410 JOINT AND COOPERATIVE AGREEMENT CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION The parties to this agreement are governmental units of the State of Minnesota . This agreement is made pursuant to Minnesota Statutes 238 . 01 et seg. 471 . 59 . 1 . PURPOSE The general purpose of this agreement is to establish an organization to administer and enforce a single non-exclusive cable communications franchise , and establish rates thereunder, in regular member municipalities in the Central St . Croix Valley of Washington County , Minnesota. In order to carry out the purpose of this agreement , the parties shall appoint a commission which shall be representative of all regular member munici- palities . It is not the purpose of this agreement to restrict or otherwise preempt that authority which the regular member municipalities hereof possess individually to grant and issue non-exclusive ' franchises • II . NAME The organization created by this agreement shall be known as the "Central St . Croix Valley Joint Cable Communications Commission" . III . DEFINITIONS . For purposes of this agreement , the terms defined in this article shall have the meanings given to them. SECTION 1 . "ASSOCIATE MEMBERS" means a governmental unit in the State of Minnesota which has entered into this agree- ment and is , at the time involved, a party in good standing. -1- 111 411 Associate Members shall have only all those powers and responsi- bilities as are set forth in Roman Numeral V. hereof. SECTION 2 . "Commission" means the organization created pursuant to this agreement. Section 3 . "R presentative" means the person appointed by a regular member municipalitities ' City Council to be its representative presentative on the Commission. • SECTION 4. "Regular Member Municipality" means a city which enters into this agreement and is , at the time in- volved, a regular member municipality in good standing. IV. REGULAR MEMBER MUNICIPALITIES The cities eligible to enter this agreement are the following three Minnesota cities : Bayport , Oak Park Heights and Stillwater. V. ASSOCIATE MEMBERS Section 1 . Eligibility. Other governmental units which desire to follow the activities of the Commission and receive and contribute information about the development of a cable communications system, for the purpose of coordinating intergovernmental relationships , may affiliate with the Com- mission as "associate members" . SECTION 2 . Application. A governmental unit desiring to become an associate member may do so in the manner applicable to becoming a regular ' member municipality , except as otherwise provided in this article. The Commission may reject an appli- cation for associate membership by a governmental unit. -2- 411 410 Section 3 . Associate Representatives . A n associate member may appoint an associate representative and an alternative associate representative to the Commission, but these individuals shall not have voting power, shall not be eligible to serve as an officer and shall not be counted for quorum purposes . Section 4. Charges . The Commission may establish the charges to be paid by associate members and, for that purpose, it may classify associate members in accordance with their varying Y g circumstances . Section 5 . Withdrawal . An associate member may discon- tinue its association with the Commission at any time by giving thirty days written notice of its withdrawal to the Secretary of the Commission. Withdrawal shall not relieve that associate member from its obligations to pay any charges which it has incurred up to the time of withdrawal nor shall withdrawal affect the ability of the Commission to establish rates for subscribers within the associate members ' geographic territory. VI . REPRESENTATIVES Section 1 . Qualifications/Appointment . The City Council of each regular member municipality shall appoint two primary representatives , at least one of whom shall be a member of that council . The other representative may also be a member of that council but in any event must be a qualified voter residing within that city . When the council of a regular member munici- pality appoints -J- 411 4110 its first two primary representatives , it shall give notice of their appointments to the City Clerk of the other regular member municipalities . Notice of a successor primary represen- tative shall be given to the Secretary of the Commission. Notices shall include the name and mailing address of the appointee which shall be deemed to be the official name and address of that appointee for the purpose of giving any notice required under this agreement . Section 2 . Alternate Representative . Each regular member municipality shall appoint an alternate representative in the same manner and with the same condition as stated in Section 1 . Alternate representatives shall be considered as primary representatives in the event a primary representative in unable to attend a meeting as defined in Section VIII . Section 3 . Term. The teiuns of the first primary representatives shall begin on the effective date of this agree- ment and one representative designated from each city shall serve a two year term and other a three year teiw. Thereafter , • each primary representative shall serve for a term of two years . Irrespective of the terms assigned to each representative or regular member municipality , that representative shall serve at the will of his or her municipality and can be removed at any time with or without cause by that regular member municipality . upon that municipality providing a notice of that event to the -4- Ilk 411 City Clerks of the other regular member municipalities and to the secretary of the CoLuLIission. Section 4. Voting. Each primary representative shall have one vote . There shall be no voting by proxy, however, in the event a primary representative is not in attendance, the alternate representative shall have his/her one vote. Section 5 . Compensation. Representatives shall serve without compensation from the Commission, but this shall not prevent a regular member municipality from compensating its representatives if compensation by that regular member munici- pality is otherwise authorized by law. VII . OFFICERS Section 1 . Number/Election. The officers of the Commission shall consist of a Chairman, A Vice Chairman , a Treasurer , and a Secretary , all of whom shall be a primary repre- sentative and shall be elected at the first meeting of the Com- mission and at the annual meeting of the Commission held on the 3rd Monday of February . of each year. New officers shall take office at the adjournment of the annual meeting of the Couuuission at which they are elected . Section 2 . Chairman/Vice Chairman . The Chairman or his designee shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chairman, and such other duties as may be prescribed by the Commission . The Vice Chairman shall act as Chairman in the absence of the Chairman. -5- 411 ( Section 3 . Secretary. The Secretary shall be respon- • sible for keeping a record of all the proceedings of the Commission and giving notice of the meetings . Section 4. Treasurer. The Treasurer shall have custody of the Commission' s funds , pay its bills , keep its financial records and generally conduct its financial affairs . All checks drawn upon the Commission ' s bank account shall require the signa- tures of the Treasurer and the Chairman or Vice Chairman . The Treasurer shall post a fidelity bond or carry an insurance policy in an amount approved by the Commission, covering all persons authorized to handle Commission funds . The Commission shall pay the cost of the bond or policy. The Commission's financial books • and records shall be audited on or before July 1st each year, or at such other time as the Commission may direct, by an inde- pendent auditor designated and approved by the Commission. VIII . MEETINGS Section 1 . Regular Meetings . Regular meetings of the Commission shall be held once each ,month. A regular meeting or meetings may be cancelled by the Chairman for good cause shown provided that notice has been given to all representatives pursuant to Section 2 . hereof. Section 2 . Special Meetings . Special meetings of the Commission may be called by the Secretary upon the written request of a majority of the representatives provided that the majority must consist of at least one representative of each member City. - 6- 4 411 �. Section 3 . Notice. Notice of regular meetings of the Commission shall be given to the representatives by the Secretary at least five days in advance and when feasible, the agenda for such meetings shall accompany the notice. However , business at regular meetings of the Commission need not be limited to matters set forth in the agenda . Section 4. Location. All public meetings or hearings by or before the Commission, the Executive Committee, or any subcommittee shall be held within one of the regular member municipalities . Section 5 . Publication of Notices . All public notices required to be published by this agreement , the franchise ordin- ance, the Minnesota Cable Communications Act or by the rules of the MCCB or the FCC shall be published in the official news- paper of each regular member municipality. Section 6. Documents . All documents required to be made available at the Commission for public inspection by this agreement , the franchise ordinance , the Minnesota Cable Communications Act or by the rules of the MCCB or the FCC shall be deposited and made available at the City Hall or offices of each. of the regular member municipalities to this agreement . Section 7 . By-laws . At the first meeting , or as soon thereafter as it reasonably may be done, the Commission shall adopt by-laws governing its procedures , including the -7- Ilk time and place of its regular meetings . The by-laws may be amended from time to time by a majority vote of the represen- tatives present and voting. Section 8. Voting/Quorum. Unless otherwise provided in this agreement, no business shall be done unless voted for by a majority of the representatives present and voting at a Commission meeting, except that less than a majority may adjourn. A majority of the number of representatives appointed at any one time shall constitute a quorum of the Commission. IX. POWERS , RIGHTS AND DUTIES OF COMMISSION The powers , rights and duties of the Commission shall include those set forth in this Article. Section 1 . Franchising_Authority. It shall act as the cable communications franchising authority for the members to this agreement. Section 2 . Grant of Franchise. It shall prepare , adopt and grant a cable communications franchise pursuant to the Minnesota Cable Communications Act , Minnesota Statutes Chapter 238, the rules of the MCCB and the FCC, and according to the following procedure : a. Needs Assessment Report. It shall compile , make publicly available and approve a Needs Assessment Report. b. Request for Proposals . It shall prepare and adopt after a public hearing 'a Request for Proposals . The adoption of the Request shall be by a unanimous vote of the -8- 411 representatives of the Commission present and voting. If a request is not unanimously adopted on the initial vote of the representatives , additional votes shall be taken until either (i) a request is adopted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Co&timission may schedule and hold additional public meetings to adopt a- request for proposals . c. Designation of Company by Resolution . After receipt and review of all proposals submitted to the Commission by cable communications companies , it shall select after a public hearing by resolution one cable communications company to which it may grant a franchise. The adoption of this resolution shall be by a unanimous vote of the representatives present and voting . If a cable communications company is not unanimously selected on the initial vote of the representatives , additional votes shall be taken until either (i) one company is selected by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to select a company in accordance with this paragraph. d. Adoption of Franchise Ordinance. It shall prepare and adopt an authorization known hereafter as a "franchise ordinance" and , by that franchise ordinance, grant to one cable communications company a non-exclusive franchise , not exceeding fifteen years , to construct , maintain , operate , or manage a cable communications system encompassing all of the territory -9 - S • of the regular member municipalities . The introduction of the franchise ordinance and the grant of the franchise shall be after a public hearing and no sooner than 27 days after the hearing is closed, by a unanimous vote of the representatives present and voting, provided however, that the franchising process shall cease if a cable coiiauunications company is not granted the franchise by ordinance approved unanimously by representatives in accordance with this paragraph. If the franchise ordinance is not adopted and the franchise is not granted unanimously on the initial vote of the representatives , additional votes shall be taken until either (i) the franchise ordinance is adopted and the franchise granted by unanimous vote of the representatives or (ii) the hearing is adjourned in which case the Commission may schedule and hold additional public meetings to adopt the franchise ordinance and grant the franchise in accordance with this paragraph. In the event the franchising process ceases in accordance with this paragraph, the Commission sha.11' promptly recommence the franchising process in accordance with this para- graph. e. Withdrawal . A member may withdraw from the Commission 18 months after sending a written Notice of Withdrawal to the Commission' s Secretary , as hereafter set forth. (1) Notice of Withdrawal . A member withdrawing from the Commission shall send to the MCCB and the Commission ' s Secretary a written Notice of Withdrawal specifying the effective date of withdrawal and containing a copy of the City Council ' s unanimous action approving its withdrawal . A member ' s withdrawal shall be -10- effective 18 months after that member sends its Notice of Withdrawal , unless it specifies a later date in its Notice. A Notice of Withdrawal may be rescinded at any time by a member . (2) Effectiveness of Ordinance After Withdrawal . The franchise ordinance adopted by the Commission shall provide that it is effective and enforceable within the territorial limits of a city which has withdrawn from the Commission and a city which withdraws from the Commission under these Articles shall be bound by the terms of any cable communications franchise ordinance previously adopted and any franchise previously granted by the Commission. A city which has withdrawn shall be the exclusive authority to administer and enforce the cable franchise ordinance of that city. (3) Cooperation. The Commission and a city which withdraws under this Article shall cooperate with each other and the cable communications operator and shall use their .bdst efforts to achieve an orderly and efficient transfer to that city any of the assets of that city , and the administrative and enforcement authority over the cable communications system established within it . Section 3 . Public Hearings/Notice . It shall hold at least one public hearing before it adopts a request for -11- 410 proposals under Section 2 (b) , designates a company by resolution in accordance with Section 2 (c) , adopts a franchise ordinance in accordance with Section 2 (d) , amends that ordinance in accord- ance with Section 2 (g) , or establishes subscriber rates in accord- ance with Section 5 . At least ten days before each such public hearing, it shall publish in newspapers specified in Article VIII , Section 5 , a notice of that hearing. It shall comply with all notice and hearing requirements set forth in 4 MCAR, Section 4. 140 . Section 4 . Administration/Enforcement. It shall administer and enforce the cable communications franchise ordin- ance ; provided that the franchise ordinance may permit the enforcement and administration of certain of its provisions by regular member municipalities to this agreement , for which services the Commission shall pay or reimburse its regular member municipalities . Section 5 . Rates . By two-thirds vote of the repre- sentatives present and voting, it shall establish or approve changes in rates charged subscribers by the cable communications company. It shall inform the City Council of each member of proposed changes in rates charged subscribers under Section 13 below. ' Section 6 . Legislative Activities . It may submit written comments on rules , regulations or legislation regarding cable communications proposed by or pending before the MCCB, the FCC, the Minnesota Legislature , or Congress , or it may direct -12- its representatives to appear and testify on cable communications before these governmental bodies . Section 7 . Investigation. It may investigate the operation of cable coliwunications systems in other cities in Minnesota or elsewhere , and the expense of traveling and sub- s sistence of representatives in making any such investigations shall be borne by the Commission. Section 8 . Gifts/Grants . It may accept gifts , apply for and use grants and may enter into agreements required in connection therewith and it may hold , use and dispose of money or property received as a gift or grant in accordance with the terms hereof. Section 9 . Contracts . It may enter into any contracts deemed necessary by the Commission to carry out its powers and duties , subject to the provisions of this agreement . Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and purchases by Minnesota statutory cities . Section 10 . Advisory Bodies . It may appoint advisory bodies to make recommendations to it on cable communications . Section 11 . Consultants . It may act or cause others to act in' any manner regarding (i) the study of cable communi- cations , (ii) the preparation of a franchise ordinance and other documents required to grant such a franchise , (iii) the evaluation of applications , (iv) the administration and enforcement of -13- • a cable communications franchise , and (v) the establishment of rates thereunder. Section 12 . Ex-Officio Members . It may appoint ex- officio members to serve at the pleasure of the Commission, said ex-officio member shall serve without compensation and without the right to vote . Section 13 . Amendments and Agreement . It shall recom- mend for enactment by its regular member municipalities ' amend- ments to this agreement which will facilitate the administration • and enforcement of the franchise ordinance adopted and the franchise granted by it , and the establishment of rates there- under. Section 14. Reports to Members . It shall report all proposed amendments of the franchise ordinance and changes in subscriber ' s rates to the City Council of each regular member municipality at least twenty-nine days before the public hearing on those matters . Section 15 . Other Actions . It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the Commission and it may exercise any other power necessary and incidental to the implementation of its powers and duties . Section 16 . Additional Powers . a. To employ administrative or other personnel, legal counsel , engineers , consultants , or other qualified persons who may be paid for other services by hourly wages or by such fees as may be agreed upon. -14- • 410 411 b . To cause reports , plans , studies , and recom- mendations to be prepared. c . To release or purchase equipment and supplies necessary to carry out the purposes of this agreement . d. To institute , carry forward, and diligently prosecute administrative procedures and lawsuits deemed advisable to accomplish the purposes of this agreement. Section 17 . Other Laws and Regulations . This agree- ment , all Commission activities , and any franchise ordinance adopted or franchise granted by the Commission shall be subject to all local , state and federal laws and regulations . X. FINANCIAL MATTERS Section 1 . Contributions : Pre-Award. Pre-award expenses of the Commission shall be paid from contributions from each city. Contributions shall be made on an equal or pro-rate basis depending upon the nature or purpose of the expense which shall be 'agreed upon by the regular member municipalities before the expense is incurred . Any contribution made or expense incurred, such as franchise referendum costs , by a regular member municipality per this section shall be reimbursed to the regular member municipality from any fees or non-refundable deposits received from prospective and/or successful cable communication operators . Section 2 . Contributions : Post Award . Post award contribution shall be assessed on equal or pro-rata basis depend- ing on the nature or purpose of the expense , or in such other way as the regular member municipalities shall agree. -15- • 4 • Section 3 . Budget Process : 1982 . A proposed budget for the year 1982 shall be formulated by the Commission and submitted to the regular member municipalities within sixty days after the effective date of this agreement . The budget shall be effective only if approved by a two-thirds majority of the regular member municipalities within forty-five days after its submission to them. If . the budget is not approved by a two-thirds majority of the regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the regular member municipalities for their review and approval . Section 4 . Budget Process : Subsequent Years . A proposed budget for the year 1983 and all succeeding years shall be fozuiulated by the Commission and submitted to its regular member municipalities on or before August 1 of each year beginning in 1982 . A budget shall be effective only if approved by a two-thirds majority of the regular member municipalities before October 15 of each year . If the budget is not approved by a two-thirds majority of the .regular member municipalities , the Commission shall promptly formulate a revised budget and submit it to the remaining regular member municipalities for their review and approval . Section 5 . Expenditures . Provisions of Minnesota Statutes which govern the expenditures of funds by statutory • cities shall apply to the Commission. The Couuuission shall not have power to levy taxes . -16- • M ! Section 6 . Annual Audit . The annual audit of the Commission' s books and records required by Article VII , Section 4 , shall be reported to the regular member municipalities . The Cowwission' s books and records shall be available for and open to examination by the regular member municipalities and the general public at reasonable times . Section 7 . Franchise Fees . The franchise ordinance adopted by the Commission shall provide that the Commission shall collect all franchise fees paid by the cable communications company to which a franchise has been granted. XI . DISSOLUTION Section 1 . Method. The Commission shall be dissolved upon the affirmative vote of all the regular member municipalities of the Commission. Section 2 . Distribution of Assets . Upon dissolution, the remaining assets of the Commission, after payment of all obligations , shall be distributed among the regular member munici- palities in proportion to their contributions , or in such other way as those regular member municipalities may agree . Section 3 . Necessary Measures . In the event of a dissolution the Commission shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances peiuiit and subject to the terms of this agreement. Section 4 . Effectiveress of Ordinance After Dissolu- tion. The franchise ordinance adopted by the Commission shall -17- provide that it is effective and enforceable within the terri- torial limits of all cities which were regular member munici- palities prior to the dissolution of the Commission , and those cities shall be bound by the terms of any cable couuuunications franchise ordinance previously adopted and any franchise pre- viously granted by the Commission. XII . EFFECTIVE DATE Section 1 . Execution of Agreement . A regular member municipality entering into this agreement shall do so by the duly authorized execution of a copy of this agreement by its proper officers . Thereafter, the Clerk or other appropriate officer of that regular member municipality shall file a duly executed copy of this agreement , together with a certified copy of the authorizing resolution required by Article X with the City Clerk of the City of Stillwater. Section 2 . Effective Date . This agreement shall become effective when (a) it has been authorized by all of the three eligible cities and (b) all appropriate documents have been filed as provided above . Section 3 . Previous Agreement Superseded. This agree- ment , when effective under Section 2 above , superseded all pre- vious agreements between the regular member municipalities hereto establishing a joint cable communications commission. -18- • XIII . DURATION AND ENFORCEMENT (, This agreement shall continue in effect during the term of any franchise agreement and all terms and conditions of this agreement shall be enforceable in any court of competent jurisdiction. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this ` 1st day of February , 19 82 IN PRESENCE OF : CITY /ILLWjp, By / • 244 and - ':,) IN PRESENCE OF : CITY OF OAK PARK HEIGHTS : (P a4 IN PRESENCE OF: CITY OF BAYPORT: I / i"7 i 1/'�C!'"r!•� //L, ,L � , BY /.(x2.2< !�..`'yr� _. , " 7' �� 1 Filed in the office of the City Clerk of the City of Stillwater this 1st day of February , 19 82 -19- • . , • IP ft i0:RANLUN OF UhPLRS1'ANPINU The Joint and Cooperative Agreement executed by the cities of Stillwater, Bayport and Oak Park Heights, for the establishment of a central St. Croix Valley Joint Cable Communication Commission, requires that each city separately execute the Agreement . Since this was done in each city at a different time, it is necessary that the cities agree that a common date be chosen for the effective date at which the Agreement becomes effective. It is, therefore, understood and agreed that the effective date of the Joint and Cooperative Agreement as set forth in XII Effective Date of the Agreement as approved hereto- fore by the three cities, shall be in all ways the first of February, 1982 and any acts that are now done that apply to the time when they should have been done shall be effective "nuc pro tune" and the acts shall have the same effect as if regularly done. IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed on its behalf this 8th day of March , 19S2. In Presence of: • CITY OF ALL ER: ‘,.......,/,-41.7 .e. 2.4.1.----v-LL-LL. 41,e..7,&4_ _____i: N , +' and ,�_-��-( G°• +�---4 In Irescncc of:• CITY OF OAK PARK HE HITS: ,--- .----)- ,(i_____. �� By ...�= 1G _,_.k.„,...i.„4,,az. In Presence of: CITY OF I3AYPOR•I•: " „a,' ,,,,..„ ..„ ,(7,,, ... ,- . .. ;,,„ . 4_,_,. . / 4 ___ _, , , „_ ,. , ., / ._ .. • 411 410 ARTICLES OF AMENDMENT OF THE JOINT AND COOPERATIVE AGREEMENT CREATING THE CENTRAL ST. CROIX VALLEY JOINT CABLE COMMUNICATION COMMISSION ' WHEREAS, the parties to these Artic les of Amendment are the Cooperative A original parties to the Joint and Coop Agreement creating g the Central St. Croix Valley Joint Cable Communication Commission made pursuant to the provisions of Minnesota Statutes § 238.01 et seq. and 471 . 59 et se seq. and § q WHEREAS, Section 13, "Amendments and Agreement" under ARTICLE IX, "POWERS, RIGHTS AND DUTIES OF COMMISSION, " of the Joint and Cooperative Agreement provides that the Cable Commission shall recommend for enactment amendments to the Agreement that facilitate the administration of the franchise and, 1 . At a regular meeting of the Cable Commission, the Commission voted that ARTICLE X, Section 4 of the Joint and Cooperative Agreement be amended to hereafter read as follows: "ARTICLE X. FINANCIAL MATTERS Section 4. Budget Process: Subsequent Years. A proposed budget for all succeeding years shall be formulated by the Commission and submitted to its regular member municipalities on or before December 1 of each year. A budget shall be effective only if approved by a two-third' s majority of the regular member municipalities prior to December 31 of each year. If the budget is not approved by a two-third' s majority of the regular member municipalities, the Commission shall formulate a revised budget and submit it to the regular member municipalities for their review and approval. " 2. That the Joint and Cooperative Agreement be and the same hereby is amended to enact the above recommended change. z , • • 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts,p , each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this 17 day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER By àtI1�' abet,14,1,0,),`� W lly (Abrahamsgn, M yor rr, (. /4.ti. and ,(, I.A.a �z1�tJ ;51- 4= -c fnk/ Mary L�u Johns ' , Clerk IN PRESENCE CITY OF OAK PARK HEIGHTS: By Frank Sommerfeldt, Mayor and LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT By Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. 411 411 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of . Amendment to be signed on its behalf this 2nd day of April ., 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF: CITY OF OAK PARK HEIGHTS: By Frank Sommerfeldt, Mayor . and LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT, N t Bliss, M yor 9 , ' and J th Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • ,., • • 3. Execution and Counterparts. This Agreement may be simulataneously executed in several counterparts, each of which shall be an original. and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned municipality has caused these Articles of Amendment to be signed on its behalf this day of January, 1990. IN PRESENCE OF: CITY OF STILLWATER By Wally Abrahamson, Mayor and Mary Lou Johnson, Clerk IN PRESENCE OF: �,�- CITY OF OAK PARK EIGHTS: �=c,d7 By :244...111)/(2, • of,,,•►tti. 41? Frank Sommerfeldt, a,yor a. . ___ - -� ! / LaVonne Wilson, Clerk IN PRESENCE OF: CITY OF BAYPORT By Nathan Bliss, Mayor and Judith Uhde, Clerk Filed in the office of the City Clerk of the City of Stillwater this day of , 1990. • 411 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION PROPOSED LANGUAGE TO AMEND THE JOINT AND COOPERATIVE AGREEMENT to clarify the meaning of a quorum as understood by the Commission VOTING/QUORUM No official action may be by the Joint Commission at any meeting unless at least one voting representative from each member city is present at the meeting. One duly-appointed, representative from each member city plus one additional duly-appointed representative from a member city shall constitute a quorum of the . Commission. • • ATD/a • 9/2/85 • ' • • Enclosure 2C CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION B Y L A W S ARTICLE I NAME The name of this joint powers commission shall be the Central St. Croix Valley Joint Cable Communications Commission. ARTICLE II PURPOSE The purpose for which this Commission is organized is to administer and to enforce a non-exclusive cable communications franchise ordinance, and establish rates thereunder, in member municipalities in the Central St. Croix Valley, Washington County, MN, and organize a non-profit corporation to facilitate community programming. It is the intent of this Commission, when appropriate, to operate under the same rules as statutory cities in Minnesota. ARTICLE III MEMBERS The Central Saint Croix Valley Joint Cable Communications Commission represents its three member cities in matter relating to cable communications: The City of Bayport The City of Oak Park Heights The City of Stillwater The three member cities are signatories to the Joint and Cooperative Agreement effective February 1 , 1982. Other governmental units (ie: School District) which desire to follow the activities of this Commission, to receive and to contribute information about the development of the cable system and desire to coordinate intergovernmental relationships, may affiliate with the Commission as"Associate Members" . Governmental units desiring to become Associate Members may submit an application to the Commission. ARTICLE IV REPRESENTATIVES Each member municipality shall appoint two primary representatives, one of which shall be an elected official of that municipality sittting on that municiaplity City Council ; and the other primary representative shall be a qualified voter residing within the boundaries of the appointing municipality. Each member municipality shall appoint an alternative representative. An associate member may appoint an associate representative and an alternate representative . ARTICLE V VOTING POWERS Each member municipality primary representative shall have one vote . Alternative representatives appointed by the member cities shall have the power to vote only when a primary representative of that city is absent . Associate representatives shall not have voting power. • • COMMISSION BY LAWS (CONTINUED) PAGE -2- ARTICLE VI TERMS The period of duration of this Commission shall be as long as the Joint and Cooperative Agreement has authority over cable service in the member municipalities . The terms of member municipalities primary representatives shall be for two ( 2) years . Terms of member municipalities alternate representative shall be for two ( 2) years . When a vacancy occurs through retirement, resignation or removal , the member municipality shall appoint a representative to fill out the retiring, resigning or removed members term . Associate member representative terms may be set by the appointing governmental unit . Member municipalities may remove appointed representatives at any time with or without cause . The member municipality must provide notice to the Commission of that event as well as to the other member municipalities . ARTICLE VII COMPENSATION Representatives shall serve without compensation from the Commission. However, this shall not prevent a member municipality from compensating its representative if compensation by that member municipality is otherwise authorized by law. ARTICLE VIII CONFLICT OF INTEREST Representatives shall not have a financial interest in any cable company, or its subsidiaries, major equipment or program suppliers, Minn.Stat. §238. 15( 1976) . ARTICLE IX OFFICERS The officers of the Commission shall be a Chairperson, Vice- Chairperson, Secretary and Treasurer. All officers shall be primary representatives . Officers of the Commission shall be elected at its annual meeting in the third full calendar week of February of each year. The term of office for Commission officers shall be one ( 1 ) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical . No Commissioner shall hold more than one office at a time. An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. • • COMMISSION BY LAWS (CONTINUED) PAGE -3- Vice-Chairperson: The Vice-C airperson shall. , in the absence of the Chairperson, exercise the powers and perform the duties of the Chairperson. Secretary: The Secretary shall oversee the minutes of the Commission meetings, the notices of the Commission meetings and any other notices required by the Joint and Cooperative Agreement or these By Laws . Treasurer: The Treasurer shall oversee the management of the Commissions Funds and Books, and shall be concerned with all the financial matters of the Commission. The Treasurer shall co-sign financial documents along with the Chairperson. ARTICLE X MEETINGS The regular meetings of the Commission shall be in the third full calendar week of the month . The regular meetings of the Commission will be held at Stillwater City Hall ,whenever possible. Special meetings of the Commission may be called by the Chairperson or the Secretary upon written request of the majority of the representatives provided that the majority must consist of at least one representative of each member city. ARTICLE XI NOTICE Notice of regular meetings of the Commission shall be given to the representatives at least five ( 5 ) days in advance of the meeting and when feasible, the agenda for such meetings shall accompany the notice . Notices of the meetings shall be published in the official newspaper of the member municipalities . ARTICLE XII DOCUMENTS All documents which are required to be made available to the public shall be deposited and kept on file at the Commission office . ARTICLE XIII QUORUM No official action of the Commission shall be recorded as such without' a quorum present and voting. A quorum shall be a majority of the representatives appointed at any one time to the Commission. Associate representatives shall not be counted towards a quorum . ARTICLE XIV COMMITTEES The Commission may appoint committees of Commission members or may appoint advisory bodies to make recommendations to it on cable communications ; l • COMMISSION BY LAWS (CONTINUED) PAGE -4- ARTICLE XV ANNUAL AUDIT The Commission' s financial books and records shall be audited on or before July First each year, or at such other time as the Commission may direct, by an independent auditor designated and approved by the Commission. The Commission ' s fiscal year. from Februar y g first through y January 31st. ARTICLE XVI PARLIMENTARY AUTHORITY The rules contained in the current edition of Robert ' s Rules of Order, Newly Revised, shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with the Joint and Cooperative Agreement, these By Laws and any special rules of order the Commission may adopt. ARTICLE XVII AMENDMENTS The Commission shall have the power to make, amend, and repeal the By Laws of the Commission by a vote of two-thirds (2/3) of all the Commissioners present at a regular meeting of the Commission. Provided that the amendment has been submitted in writing and has been read at the last regular meeting and notice of its consideration has been published in the official newspaper of the Commission. ADOPTED BY THE COMMISSION ON THIS /3 DAY OF," , 1985. 1Z-2Li //3 �- it /l,z< <C /f__-/ CHAIRPERSON • i) 7 - t:" SE 'TARY 1 (7o„,,,,,x,&,,,,- ATTEST ATD/a • 2/4/85 • • CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION BY LAWS AMENDMENTS Deleted language - Inserted (new) language. ARTICLE IX OFFICERS Second Paragraph Officers of the Commission shall be elected at its annual meeting to the th44,4 4nII eai•en.dav weep during the month of February of each year. ARTICLE X MEETINGS The regular meetings of the Commission shall be held in the second or third full calendar week of the month . The regular meetings of the Commission will be held at b4414wateE hall each of the Member City Halls on a rotating basis , -- whenever possible . ARTICLE XV ANNUAL AUDIT The Commission 's books and records shall be audited on or before July first of each year la an internal audit committee or at other such times as the Commission may direct, but no less than every five ey ,ars by an independant auditor designated and approved by the Commission. Adopted by the Commission after a public reading and publication of notice of consideration, on the .-215' day of Eeb y , 1986 , at its annual meeting. �y Ann M. Bodlovick, Chairperson ATTEST : Phyllis J . White, Secretary Anne T . Davis ATD/a 0 . , CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION AMENDMENT to the BYLAWS ARTICLE IX IS AMENDED AS FOLLOWS: The officers of the Commission shall be a Chairperson, Vice Chairperson and Secretary/Treasurer. All officers shall be primary representatives. Officers of the Commission shall be elected at its annual meeting in the third full calendar week of February of each year. The term of office for Commission officers shall be one (1) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical. No Commissioner shall hold more than one office at a time. An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. Vice Chairperson: The Vice Chairperson shall, in the absence of the Chairperson, exercise the powers and perform the duties of the Chairperson. Secretary/Treasurer: The Secretary/Treasurer shall oversee the minutes of the Commission meetings, the notices of the Commission meetings and any other notices required by the Joint and Cooperative Agreement or these Bylaws; and, the Secretary/Treasurer shall oversee the management of the Commission's Funds and Books, and shall be concerned with all the financial matter of the Commission. The Secretary/Treasurer shall co-sign financial documents along with the Chairperson. PASSED AND ADOPTED THIS 21st DAY OF April , 1993. FOR THE CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION By a.,-..--c.,2 a 4 Ann M. Bodlovick, Its Chairperson By 41("C"16-4.74` ,a'�P/t_,,l_-- ack R. Doerr, Its Vice Chairperson ATTEST: l i) ''Larry He ing, Acting Secretary t Enclosure 2D • ARTICLES OF INCORPORATION FOR CENTRAL ST. CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. ARTICLE I. NAME The non-profit corporation's name shall be: Central St. Croix Valley Community Access Corporation, Inc. ARTICLE II. PURPOSE The purposes for which this corporation is organized are: A. To promote the use of cable communication systems for community and public access in the Cities of Bayport, Oak Park Heights and Stillwater; to address the information and cultural needs, of residents, businesses, non-profit organizations, and governmental bodies; to regulate, control and manage dedicated public channels and other franchise issues. B. To promote the common good and the general welfare and to reinforce the bonds of community within the cities. C. In carrying out its authorized activities, the corporation shall make every reasonable effort to: 1) Seek and identify persons with common interest and encourage them to use facilities and channels over which the corporation has jurisdiction to express their interests, concerns, ideas and aspirations. 2) Provide free training in cable communication production for individuals and groups. • • 3) Help individuals and groups to develop and produce programs for cablecasting. 4) Assure the availability of accessible cable communication production facilities, pursuant to prescribed rules governing the use of such facilities. S) Encourage the use of facilities and channels over which the corporation has jurisdiction to express divergent ideas and opinions on the broadest range of subjects. 6) Assure the non-commercial, non-discriminatory, free use of facilities and channels over which the corporation has jurisdiction and provide service for a fee when time and equipment requirements dictate use of such fee. 7) Assure fair access for the presentation of alternative views and ideas, consistent with the ordinances of the Cities, the statutes of the State of Minnesota and the laws of the United States. 8) Provide programming different in format, style and content from the programming of radio and television operations serving the Cities. ARTICLE III. NON-PROFIT CORPORATION The corporation shall act exclusively as a non-profit corporation with its activities to be conducted for the aforesaid purposes in such a manner that no part of its profits or earnings or dividends will inure to the benefit of any member, incorporator, director, officer or any other persons or private corporation and shall use all funds to further its corporate purposes. -2- , • • ARTICLE IV. DURATION OF CORPORATE EXISTENCE The duration of the existence of this corporation shall be perpetual. In the event of voluntary dissolution of this corporation, said dissolution shall be governed by the procedures set forth in Minnesota Statutes Chapter 317. ARTICLE V. LOCATION OF REGISTERED OFFICE The location of the registered office of this corporation shall be at 324 South Main Street, Suite #203 in the City of Stillwater, County of Washington, State of Minnesota. ARTICLE VI: The following are the names and addresses of the incorporators of this corporation: 1. Ms. Ann Bodlovick, 1551 W. Olive Street, Stillwater, MN 55082 2. Mr. Richard Carlson, Jr., 625 3rd Avenue N. , Bayport, MN 55003 3. Mr. Richard Seggelke, 14256 N. 57th Street, Stillwater, MN 55082 ARTICLE VII. BOARD OF DIRECTORS A. Number The number of directors constituting the Board of Directors of the corporation shall be no less than 7 but not more than 12 voting directors, and one non-voting, ex-officeo director that shall be • 'appointed by Washington County Cable T.V. Company. B. Qualification The voting directors shall be individuals who live, work or are engaged in business within the Cities. The directorship of an individual • • who no longer lives, works or is engaged in business within the Cities shall be declared vacant 30 days after the Commission becomes aware of this deficiency. C. Method of Appointment The Central St. Croix Valley Joint Cable Communications Commission shall appoint the Directors of the corporation at their discretion. The Commission should consider as wide a spectrum of interest and experience as possible. The Commission shall place emphasis on general management experience and a strong dedication to the future and quality of the Cities. The ex-officio director shall be appointed from time to time from the Washington County Cable T.V. Company as the company sees fit. D. Term of Appointment A majority of the initial directors shall be appointed for a term of office of 3 years and the remainder of the orginal directors shall be appointed for a term of office of 2 years. Thereafter, directors shall be appointed or re-appointed for 2 year terms upon the expiration of their orginal terms. E. Appointment of Chairperson The directors shall elect a Chairperson, however the Chairperson's term of office shall not become effective until ratified by the Central St. Croix Valley Joint Cable Communications Commission. ARTICLE VIII. MEMBER AND DIRECTOR LIABILITY Members and Directors of this corporation shall not be personally liable for the actions or inactions of the corporation. ARTICLE IX. CAPITAL STOCK This corporation shall issue no capital stock. • • ARTICLE X. CONFLICT OF INTEREST OF DIRECTORS No voting directors shall be employed or have a financial interest in any company holding a cable franchise in the State of Minnesota; shall have been seeking nor be currently seeking a contract with the franchised Cable company in Minnesota or with the Public Non-Profit Corporation; shall be a for-profit buyer or licensee of television time or programs; shall be employed by or have a financial interest in a television or radio company operating in Minnesota. A voting director may be a subscriber to Cable Television. ARTICLE XI. POWERS AND DUTIES OF BOARD The Board: 1) shall adopt annual operating budget subject to the approval of the Cable Commission. 2) shall adopt annual capital budget subject to the approval of the Cable Commission. 3) shall operate, maintain, and/or contract for use of allocated access channels. 4) may hire an Executive Director that shall be subject to the approval of a St. Croix Valley Joint Cable Communication Commission. 5) shall adopt operating by-laws and rules and regulations by a majority vote of the Board. 6) may recommend changes to the franchise ordinance to the Cable Commission. 7) shall provide programs and services which are consistent with the franchise ordinance. • 0/ 8) conduct regular public meetings and circulate the minutes thereof to the Cable Commission. 9) shall adopt and provide an annual report that shall be submitted within 30 days after the end of the calendar year. 4 IN WITNESS WHEREOF, we have hereto set our hands this 3/ day of , 1984. /Z,7 © ai -dor • Subscribed and sworn to before me, this 21 day of , 1984. Notary Public DAVID T.M' t?USON NOTARY PUBLIC—MINNESOTA WASHINGTON COUNTY My Commission EKpues Aug 3. 198' yV • • • CENTRAL SAINT CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. Valley Access Channels BY LAWS ARTICLE Name The name of this corporation shall be the Centre'Saint Croix Volley Community Access Corporation. Inc.. known to the public as Valley Access Channels. ARTICLE II Purpose The purposes for which this corporation is organized ere: A. To promote the use of cable communications systems for community and public access in the cities of Bayport, deli Park Heights, Stillwater, Lakeland, St. Mary's Point, Lakeland Shores,Lake St.Croix Beach,and Afton,herein after referred to as the Cities; to address the information and cultural needs of residents, businesses, non-profit organizations, and government bodies; to regulate, control and menage dedicated public channels and to advise the Commission on other franchise issues. B. To promote the common good and the general welfere and to reinforce the bonds of community within the Cities. C. h carrying out its authorized activities, the corporation shell make every reasonable effort to: 1) Seek and identify persons with common interests and encourage them to use • facilities and channels over which the corporation has Jurisdiction express their interests,concerns.ideas and aspirations. 2) Provide free training in cable production for individuals and groups. 3) Help individuals and groups to develop and produce programs for cablecasting. 4) Assure the availability of accessible cable communications production facilities, pursuant to prescribed rules governing the use of such facilities. • • 5) Encourage the use of facilities and channels over which the corporation has jurisdiction to express divergent ideas and opinions on the broadest range of subjects. 6) Assure the non-commercial. non-discriminatory. free use of facilities and channels over which the corporation has jurisdiction and provide service for a fee when time and equipment requirements dictate use of such fee. 7) Assure fair access for the presentation of alternative views and ideas,consistent with the ordinances of the Cities, the statutes of the State of Minnesota and the Laws of the United States. B) Provide programming different in format. style, and content from the programming of radio and television operations serving the Cities. ARTICLE III Members The Central Saint Croix Valley Community Access Corporation is composed of the Membership,the Board of Directors.and any committees necessary for the fulfillment of the corporation's purposes. A. Classes of Membership 1) Any person residing within the franchise area may become a regular voting member by completing a membership form. 2) Any person residing outside the franchise area may become m associate non- voting member by completing amembership form. B. Fee There shill be no membership fee. C. Voting Each regular member of the Central St. Croix Valley Community Access Corporation is entitled to vote on appropriate matters brought before the membership. Such matters may be resolved by a simple majority of the members present, except in the case of amendments to the By-Laws as provided for in Article X. ARTICLE IV Board of Directors Membership on the Board of Directors shell be composed of no less than seven (7)but not more then twelve (12) voting directors, and one non-voting, ex-officio director who shall be appoint by King Videocable. . 1 Board members must be at least 18 years of age. The directors shall be appoint by the Central Saint Croix Valley Joint Cable Communications Commission at its discretion. Amon of the initial directors shall be appointed for a term of office of three (3)yeas and the remainder � ry �p of the original directors shell be appointed for a term of office of two (2)years. Thereafter,directors shall be appointed or re-appointed for two(2)year terms upon the expiration of their original terms. When my seat on the Board of Directors becomes vacant by resignation or my other reason, the corporation shell immediately ask the Central Saint Croix Valle Joint Cable Communications Commission po Y Y to appoint anew member to fill the vacant seat. Any director who misses more than two regular successive meetings of me Bocci, or five meetings annually,without sufficient cause,shall be unseated. ARTICLE V Officers The officers of the corporation shell be aChairperson.Vice Chairperson.Secretary.and Treasurer. The election of officers shell be held at a Boats meeting immediately following the annual meeting of the corporation. The officers shall be elected to serve a one(1)year term or until their successors are elected. Their term of office shall begin at the close of the meeting at which they are elected. The election of the chairperson shall be forwarded to the Central St.Croix Valley Joint Cable Communications Commission for its ratification,afterwhich the election shall be effective. All vacancies occurring among the above offices shall be filled by the directors from the membership of the Board. No directors shall hold more than one(1)office at a time,end no director shall be eligible to serve more than two(2)consecutive terms in the sane office. The duties of the officers shall be as follows: Chairperson• The Chairperson shell preside at all meetings of the directors end the members,and shall have the general management and control of the business affairs of the corporation. Vice Chairperson: The Vice Chairperson shall,in the absence of the Chairperson,exercise the powers mdperform the duties of the Chairperson. The Vice Chairperson shall also generally assist the Chairperson. The Vice Chairperson shall be the Chair of the Community Outreach Committee. Secretary: The Secretary shall keep the minutes of all the proceedings of the Board and the membership, and shell attend to giving and serving of all notices to the Board and the membership or other notices 9 serving I required by laws,the Articles of hcorporation,or these By Laws. The Secretary shell have chergo of the books and papers and shell perform all other duties incident to the office of Secretary. Treasurer: The Treasurer shell have the custody of ail funds,securities,evidence of indebtedness and other personal property of the corporation and shall deposit the same in such bank or trust company as shall be designated by the Board. The Treasurer shall receive and give receipts end aoquitances for monies paid in account of the corporation and shall pay out of funds on hand all bills,payrolls,end other just debts of the corporation of whatever nature upon maturity of the same. The Treasurer shell enter regularly in the books of the corporation end shall perform all other duties incident to the office of Treasurer. ARTICLE VI Meetings The regular meetings of the Bowl of Directors of the corporation shall be held on the second Tuesday of each month. The regular meeting on the second Tuesday in April shell be known as the annual meeting of the corporation and shall be for the purpose of receiving annual reports of the officers and committees. Speciel meetings of the Board may be called by the Chairperson as needed. The regular membership shell meet in April and September of each year,at a time and place to be announced by the Board of Directors,for the purpose of receiving corporation status reports and deciding matters requiring avote of the membership. At the meeting of the regular membership in April,anominating committee shall be elected by the members of the corporation. It shall be the duty of this committee to nominate candidates for the Board of Directors. The nominating committee shell submit its report to the Board of Directors at the regular meeting in July. This approved slate of nominees shell be forwarded as the corporation's recommendations for appointees to the Board,to the Centre)St.Croix Valley Joint Cable Communications Commission for its August meeting at which appointments of new members of the Board shell be made. At my meeting of the board of directors of the corporation,aquorum shell be one more than fifty percent (50°x)of the appointed directors at the time,and subject to Robert's Rules of Order. ARTICLE VII Committees Standing committees of the corporation shell be: Finance,Community Outreach, Policy/Planning,and Studio/Equipment. Members of the committee shall be composed of members of the corporation.and must meet the following criteria: A. not be en employee of the cable company; • B. live,work.or do business in the franchise area; C. be at least i a years of age. Committee membership must be no more than seven(7)persons for standing committees. A member of the Board of Directors shall sit on the committee. Each committee shdl have a chairperson appointed by the Board of Directors. K is the responsibility of the chairperson to call,organize,and conduct the meetings of the committee. Committees have the power to recommend action to the Board,however, they do not have the power to act for or in the name of the corporation. The officers of the corporation shall for the Executive Committee of the corporation. The Executive Committee shall be empowered to act on behalf of the corporation between meetings of the Board of Directors. The Board of Directors shall consider ratifying actions of the executive committee at its regular meetings. Such other committees,standing or special,shall be appointed by the Board Chairperson as needed. ARTICLE VIII . Volunteer Organization The volunteer organization shall be members of the corporation who wish to be active in the promotion of the public and community access facilities cud ro rams p 9 Members of the volunteer organization must be regular or associate members of the corporation. Members of the volunteer organization shell elect one of their members to serve as the volunteer coordinator. The duties of the volunteer coordinator shall be to coordinate the activities of the members of the volunteer organization. In the organizational structure of the corporation.the volunteer organization shall be responsible to the Community Outreach Committee of the Board of Directors. There shell be no membership fee to belong to the volunteer organization. ARTICLE IX Compensation No director,officer,or member shall receive from the corporation any compensation for services rendered. ARTICLE X Amendment of the By Laws The Directors shill have the power to make,amend,and repeal the By Laws of the corporation by a vote of two-thirds of all Directors present at the annual meeting of the Board. a gg Enacted the First Day of November, 1984. Thilip 1. lit/at Interim Chairperson :Maureen Deft Tarnet( Chairperson of Policy/Planning Committee ;2I.T Danis Witness DST:4/30/90 • i • CITY OF OAK PARK HEIGHTS .,- .,, i4,, /etoi * Eta A MINNESOTA STAR CITY cc py February 13 , 1996 Kathy Cinnamon Central St . Croix Valley Cable Commission 1941 South Greeley Street Stillwater, MN 55082 Dear Kathy: This letter is to let you know that the City Council of Oak Park Heights officially re-appointed Councilmember Mark Swenson to the Cable Commission for 1996 . Jack Doerr will continue to serve as citizen representative for 1996 as he is in the midst of a multi- year appointment . If you have any questions please give me a call . Sincerely, Michael Robertson City Administrator 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 •CENTRAL ST. CROIX VALLEY• JOINT CABLE COMMUNICATIONS COMMISSION • MEETING MINUTES (Not Approved) JANUARY 31, 1996 FEB - 7 CALL TO ORDER Chairman Doerr (Oak Park Heights) called the meeting to order at 7:35 p.m. at Stillwater City Hall, 216 N. 4th Street. ROLL CALL Ann Bodlovick (Stillwater), Gary Talbot (Stillwater), Sharon Ridgway (Bayport) and Mark Swenson (Oak Park Heights). Also: Kent Leacock, Roy Lalime, Dave Magnuson, Karen Wandmacher, Don Fixmer and Kathy Cinnamon. AGENDA APPROVAL One addition to the agenda: Nancy Schlagel from La view Hospital wanted to speak at approximately 8:30 p.m. MOTION to approve agenda ith the addition by Ann Bodlovick, seconded by Mark Swenson. MOTION CARRIED. MINUTES APPROVAL MOTION by Ann Bodlovick to approve the minutes of November 15, 1995. Seconded by Gary Talbot. MOTION CARRIED. OLD BUSINESS 1. Camcorders to Fire Departments - Mark Swenson thanked King Videocable for the donations of camcorders on behalf of the Stillwater and Bayport fire departments. The cameras which were originally to be donated weren't really appropriate to donate and Roy found a buyer for those, so the money from that sale was used to purchase new camcorders for the fire departments, with some money left over. 2. Access Center Files Issue - Dave Magnuson presented a letter from Kent Leacock, in which it outlined what he and Kent felt was a safe approach to deal with the problem of access to producer information. Chairman Doerr requested that the draft wording be changed so that instead of it reading that the "records will be for the use of King Videocable Company exclusively, and will be made available to non-employees only as a result of court order", that it be changed to read that the "records will be for the use of King Videocable, the Chairman of the Commission and the Executive Director of the Corporation, upon request". Kent stated that he would re-write the wording to reflect these changes. Karen Wandmacher asked if she got information on a producer, would she be able to pass that information on to anyone else? Chairman Doerr suggested that she check with their t - lawyer and get an o p ien on this. The Access Files issued be on the agenda again next 9 meeting. 3. Channel 50 Problems - There has been some problem with church services - no audio at times, blank spaces between shows, some reception problems on the channel in general. Roy stated that he feels part of the problem is with the Channel 50 playback deck; the Access Center office was very hot one day and he feels it has caused some problems with the deck. He stated he has been monitoring it. It was stated that if there continues to be problems with the live church programs that we may need to help the people doing those programs. NEW BUSINESS 1. King Videocable Company Report Flow Through -A proposal was presented to the Corporation and Commission. A workshop will be set up to discuss it. Complaints 1) Mrs. Kvaas - had an outage and complained that customer service told her there was not an outage and hung up. Kent reported on the outage and said he would report the customer service issue to the supervisor. 2) Nancy Schlagel, Lakeview Hospital - their show was on the schedule and a different show was put on instead. Kent reported that this was a poor decision on the part of the employee who let it happen and that the employees have been told that no program changes were to take place without going through Roy, and that it would not happen again. The next night when the show aired, there was a tracking problem. Roy stated that this,seemed to be a tape deck problem. The Commission decided to put the Company on notice that if we receive complaints any more about program schedules being altered (when a different show is played in lieu of one that is scheduled) that we would sanction them. MOTION made by Gary Talbot that the company is on notice that if the program schedule is altered again, that the Company be sanctioned at $25 per incident. Seconded by Ann Bodlovick. MOTION CARRIED. Kent stated that occasionally there are times when a show needs to be changed and that the procedure is to make a change on the character generator, and notify the producer. If nobody is upset with the proposed change then it's ok. The problem is when a show has been widely advertised and a change is made. It was decided that if we sanction the company for a violation that the money collected can probably be turned over to the offended party to pay costs for advertising. Mike Knutson brought up the issue of having the 2 main access center employees working the same shift and having the part time guys there at night, when there seem to be more problems occurring. Chairman Doerr requested that Kent, Roy and John discuss this and see that the schedules overlap so that the evening shift includes either Roy or John for better coverage. Chairman Doerr requested to know the progress on this at the next meeting. 2 Mike Knutson asked about the Operating Rules. The access files issue is the only issue that had not yet been finalized. Once they are finalized, a copy should be filed with the Commission. Kent spoke of the new History Channel which replaced the Sports Channel. He also spoke of the new franchise bond. We received correspondence on these two items. 2. Access Center Report Roy spoke about the camcorders to the fire departments and about the sale of the old cameras. Kent wanted the extra money to go into the escrow fund and Chairman Doerr said to just spend it on the equipment that Roy requested. Roy presented an equipment request and the approximate costs: intercom headphones ($500), some hand held microphones ($480), syncronization generator for toaster edit suite ($300) and replacement bulbs for studio lighting ($500). The purchases were approved with the exception of the light bulbs. There was discussion that there are problems with the studio lighting and that they had not been gone over since we got the new cameras. Karen is going to call Greg Piekarski to go over studio lighting needs before replacement lighting is purchased. Commission Business - Budget Mark Swenson had to leave so the budget was moved up on the agenda. The budget was similar to last year's, and called for Corporation funding in the amount of$20,000 and a 3% increase in Don Fixmer's salary. Kathy suggested that we take $300 from the contingency fund and increase the budgeted amount for insurance. The Commission agreed to this change. MOTION by Gary Talbot to approve the budget with the above mentioned change, seconded by Mark Swenson. MOTION CARRIED. Copies of the approved budget are to be sent to the cities. Nancy Schlagel, from the Community Relations Department of Lakeview Hospital, read a letter to the Commission and spoke about their new show and the fact that another show had been shown in its place. Chairman Doerr assured her that King Video would be penalized if it happened again. The producer who had the other show was present in the audience and offered his apologies to Nancy. 3. Corporation Report -Valley Access Channels Karen introduced a new Corporation board member- Marie Hanson. MOTION by Gary Talbot for the Commission to approve this new board member, seconded by Ann Bodlovick. MOTION CARRIED. The Commission was presented with the Corporation's preliminary 1996 budget. Once the Corporation board has approved it, then the Commission can approve it. 4. Joint Cable Commission Business The budget was discussed and approved earlier. Loan payments- MOTION by Ann Bodlovick to pay off the interest bearing loan to the City of Stillwater , seconded by Gary Talbot. MOTION CARRIED. Kathy will contact the City of Stillwater to get a pay off figure. 3 • Future Reports -The 3rd uar financial summaries were 3rd Qtr. Financial Rep & F p q received from McGladrey & Pullen before they left. It was decided not to request a 4th quarter report, as we found in the budget meeting that not all of our line items matched up with the line items on the report. Kathy wants to clarify this with the accountant. She will also ask our accountant if we can get a single page recap of our expenditures in the general fund (instead of an entire financial summary) to get an idea of our ending figures for FY 95. Security and Audit Funds - Kathy stated that the Security Fund is only getting 1.74% interest and is there an interest in putting that money into a CD? Kent Leacock and Jim Commers have told us they do not object. The best rate as of this meeting date was at Central Bank, a 13 month CD with 5.6%. We will invest $5,000 of those funds in a CD, leaving some extra funds for use in the event of any sanctions. MOTION by Ann Bodlovick to put $5,000 of the Security Fund into a CD, seconded by Gary Talbot. MOTION CARRIED. We are starting to accumulate funds for our next Audit and have currently budgeted $700. Kathy asked if we want to invest that into a CD (it is now just in the General Fund and getting no interest) for a year at a time. The best rate as of this meeting date was at Central Bank - a 12 month CD at 4.95% (minimum deposit $500). MOTION by Ann Bodlovick to put our budgeted Audit funds into a 12 month CD, seconded by Gary Talbot. MOTION CARRIED. Consultants - Kathy sent out letters requesting proposals from 4 consultants and we heard from 3 of them (did not hear from Anita Benda Stech). Chairman Doerr reviewed the proposals and suggested that the information be circulated among the Commissioners for review, then we can come up with a recommendation. Insurance Renewal Our insurance premium showed a big increase and Kathy was not able to get a very good answer as to why so she contacted the League of Minnesota Cities and spoke with our underwriter. She is willing to have a workshop with us so we can ask questions and make sure our insurance matters are in order. Kathy to schedule the workshop. Commission Appointments -We have heard from the cities of Bayport and Oak Park Heights, but not yet from Stillwater. We need to call Oak Park Heights and ask for a letter their a announcing th appointments. Calls to Dave Magnuson - Chairman Doerr requested that when anyone other than Commission members wish to speak with Dave Magnuson, that the Commission be contacted first, as we are the ones that get billed. We may have to bill other parties who use our lawyer. Channel 12 Equipment Request - Don submitted a list of equipment and video tapes he would like to buy, totalling approximately $384. MOTION by Gary Talbot to approve the requested items, seconded by Ann Bodlovick. MOTION CARRIED. Office Equipment Request - Kathy requested to purchase a fax machine and a tape recorder. Fax machine to run approximately $240-250 plus tax, and tape recorders approximately $25-40 plus tax. MOTION by Gary Talbot to approve the purchase of the requested items, seconded by Ann Bodlovick. MOTION CARRIED. 4 • New Letterhead - Kathy orderin new letterhead and leaving Commission names Y ordering off, eliminating future obsolete stationery and additional typesetting costs. The Commission gave their approval. CONSENT AGENDA MOTION by Ann Bodlovick to approve resolution no. 96-1-31 approving payment of bills/funds transfer. Seconded by Gary Talbot. MOTION CARRIED. CORRESPONDENCE As listed on the Agenda: 1. Letter from Perkins family, complimenting a program "The Great American Cattle Drive". 2. Letter from King Video, dropping Prime Sports Network and changing to History Channel. 3. MACTA Conference Information 4. King Video, New Franchise Bond • 5. League of Minnesota Cities, Insurance Dividend 6. League of Minnesota Cities, Employment Law Video. Chairman Doerr will review this video; Kathy expressed an interest in it also. 7. Cable TV & Telecommunications Client Update 8. Information on a new office building. Chairman Doerr pointed out that cable service is not available out there so we probably can't consider it. Kathy stated that it isn't convenient for Don either. 9. Letter from Ramsey/Washington Cable Commission agreeing to arrangements for us to provide them with tapes of school board meetings for their system. 10. Minutes and meeting notice from the Lower St. Croix Valley Cable Commission. Kathy announced that she is making arrangements for the Boy Scouts in Bayport to take the Studio Production workshop and earn their Cinematography merit badge as well. We hope to see some programs by Boy Scouts! We will start sending Commission meeting minutes out to the City Administrators. AFFIRM NEXT MEETING DATE -The next meeting will be held Wednesday, February 28th at Oak Park Heights City Hall, if available. Annual meeting to be held at 7:00 p.m., followed by the regular monthly meeting at 7:30 p.m. ADJOURNMENT - MOTION by Ann Bodlovick to adjourn the meeting at 9:35 p.m., seconded by Gary Talbot. MOTION CARRIED. 5 • . CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMISSION OPERATING & CAPITAL EXPENDITURE BUDGET FISCAL YEAR 1996 (February 1 , 1996 - January 31 , 1997) Approved 1/31/96 REVENUE Interest Earnings $ 25.00 Franchise Fees - King Videocable Company 80,000.00 Expense Reimbursement 100.00 Cablecast Reimbursement 1 .000.00 TOTAL REVENUE $81 ,125.00 LIABILITIES Accounts Payable $ 14,950.00 EXPENDITURES Salaries & Benefits Secretary 9,912.29 Cablecaster 12,01 1.37 Alternate Cablecaster 500.00 Professional Services Legal Fees 4,000.00 Accounting 3,000.00 Audit 700.00 Contingency (refranchising) 6,000.00 Office Supplies 300.00 Tapes & Misc. Supplies 400.00 Telephone 700.00 Postage 400.00 Bank Fees 100.00 Maintenance/Repairs 100.00 Mileage 100.00 Conf./Meetings/Dues 200.00 Print/Publish 100.00 Insurance/Bond 2,900.00 License 25.00 Misc. Expense 100.00 Office Rent 2,676.34 Photocopier 750.00 Comm. Program Support 20,000.00 CAPITAL OUTLAY Channel 12 Equipment 500.00 Office Furniture/Equipment 700.00 TOTAL EXPENDITURES $81 ,125.00 $81 ,125.00 • CEN1L SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 � (612) 439-8803 ' NOV• 2 7 1995 November 20, 1995 Barb O'Neal , Mayor Mike Robertson, City Administrator City of Oak Park Heights 14168 N. 57th Street Oak Park Heights, Mn 55082 Re: 1996 Budget Dear City Officials, The Cable Commission will not be able to have its 1996 budget ready for your review by December 1st; therefore we are requesting an extension of the deadline . We will be working on the budget soon, however the Commission will not have a December meeting so the budget will be approved at our January 17th meeting. You will receive a copy shortly thereafter. We regret any inconvenience. Sincerely, Jack Doerr Chairman JD/kc Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown JACK DOERR, Chairperson ANN M. BODLOVICK, Vice Chairperson MARK SWENSON SHARON RIDGWAY, Secretary/Treasurer DEAN KERN JAY KIMBLE SCOTT RADKE GARY TALBOT CEN AL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 South Greeley Street Stillwater, MN 55082-6012 (612) 439-8803 November 15 , 1995 C ;f NOV 2 0 1995 !! Mike Robertson, City Administrator Li/ City of Oak Park Heights 14168 N. 57th Street Oak Park Heights, Mn 55082 Re: Representation on the Joint Cable Commission Dear Mike, I am writing to the Cities we represent because in reviewing the Joint Cable Commission by-laws, I have found that the Commission is not in compliance. I have enclosed a copy of our by-laws for your review. We have alternate representatives serving as officers of the Commission, which is in violation of Article IX. We also do not have in all Cities an elected official serving on the Commission, per Article IV. We do not have in all Cities a citizen representative. If this cannot be corrected so that the Commission operates by its by-laws, the member Cities could vote to disband the Commission. If the Cities choose this answer, the Cities would then become responsible for the administration of the Cable Franchise within their own City. I would hope this does not happen because I believe that each City has a packed agenda at each meeting without adding cable business to it. To correct this situation we must do the following: 1 ) Make sure that the two primary representatives are in compliance with Article IV - that one representative is an elected official and that each City has a citizen representative. 2) The Commission must have their officers be primary representatives. Representing the Cities of Stillwater,Oak Park Heights and Bayport and the Townships of Stillwater and Baytown JACK DOERR, Chairperson ANN M. BODLOVICK, Vice Chairperson MARK SWENSON SHARON RIDGWAY, Secretary/Treasurer DEAN KERN JAY KIMBLE SCOTT RADKE GARY TALBOT • • Page 2 - 11/15/95 Each City would still need to have an alternate representative. I would like a response by our next Commission meeting, which will be December 20th. If you have any questions on this subject please feel free to call me at home any evening after 7:00 p.m. at 439-1815. Thank you, q/C(Ii4.7cOge/14- Chairman JD/kc Enclosure Copies to: Mayors of Stillwater, Bayport and Oak Park Heights and to the City Administrators. 11/16/95 At our Commission meeting last night it was voted to not have a regular meeting in December, however I would still like to get this matter cleared up in December . Thank you for your cooperation. • i CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1 B Y L A W S ARTICLE I NAME The name of this joint powers commission shall be the Central St, Croix Valley Joint Cable Communications Commission. ARTICLE II PURPOSE The purpose for which this Commission is organized is to administer and to enforce a non-exclusive cable communications franchise ordinance, and establish rates thereunder, in member municipalities in the Central St. Croix Valley, Washington County, MN, and organize a non-profit corporation to facilitate community programming. It is the intent of this Commission, when appropriate, to operate under the same rules as statutory cities in Minnesota. ARTICLE III MEMBERS The Central Saint Croix Valley Joint Cable Communications Commission represents its three member cities in matter relating to cable communications: The City of Bayport The City of Oak Park Heights The City of Stillwater The three member cities are signatories to the Joint and Cooperative Agreement effective February 1 , 1982 . Other governmental units (ie: School District) which desire to follow the activities of this Commission, to receive and to contribute information about the development of the cable , .system and desire to coordinate intergovernmental relationships, may affiliate with the Commission as"Associate Members" . Governmental units desiring to become Associate Members may submit an application to the Commission. ARTICLE IV REPRESENTATIVES Each member municipality shall appoint two primary representatives, one of which snail be an elected official of that municipality sittting on that municiaplity City Council ; and the other primary representative shall be a qualified voter residing within the boundaries of the appointing municipality. Each member municipality shall appoint an alternative representative . An associate member mafy appoint an associate representative and an alternate representative . ARTICLE V VOTING POWERS Each member municipality primary representative shall have one vote . Alternative representatives appointed by the member cities shall have the power to vote only when a primary representative of that city is absent. Associate representatives shall not have voting power. ilk COMMISSION BY ZAWS (CONTINUED) • PAGE -2- f ARTICLE VI TERMS The period of duration of this Commission shall be as long as the Joint and Cooperative Agreement has authority over cable service in the member municipalities . The terms of member municipalities primary representatives shall be for two ( 2) years . Terms of member municipalities alternate representative shall be for two ( 2) years . When a vacancy occurs through retirement, resignation or removal , the member municipality shall appoint a representative to fill out the retiring, resigning or removed members term . Associate member representative terms may be set by the appointing governmental unit . Member municipalities may remove appointed representatives at any time with or without cause . The member municipality must provide notice to the Commission of that event as well as to the other member municipalities . ARTICLE VII COMPENSATION Representatives shall serve without compensation from the Commission. However, this shall not prevent a member municipality from compensating its representative if compensation by that member municipality is otherwise authorized by law. • ARTICLE VIII CONFLICT OF INTEREST Representatives shall not have a financial interest in any cable company, or its subsidiaries, major equipment or program ,suppliers, Minn.Stat.§238. 15( 1976) . • ARTICLE IX OFFICERS The officers of the Commission shall be a Chairperson, Vice- ' Chairperson, Secretary and Treasurer. :All officers shall be primary representatives . Officers of the Commission shall be elected at its annual meeting in the third full calendar week of February of each year. The term of office for Commission officers shall be one ( 1 ) year. The term of office shall begin at the adjournment of the annual meeting at which they are elected . Vacancies shall be filled by election at the next regular meeting following the announcement of the vacancy, or as soon afterwards as is practical . No Commissioner shall hold more than one office at a time . An associate representative may not hold office. The duties of the officers shall be as follows: Chairperson: The Chairperson shall preside at all meetings of the Commission and shall be the chief executive officer of the Commission. • . . • • Section 3 . Associate Representatives . An associate member may appoint an associate representative and an alternative associate representative to the Commission , but these individuals shall not have voting power , shall not be eligible to serve as an officer and shall not be counted for quorum purposes . Section 4. Charges . The Commission may establish the charges to be paid by associate members and, for that purpose, it may classify associate members in accordance with their varying circumstances . Section S . Withdrawal . An associate member may discon- tinue its association with the Commission at any time by giving thirty days written notice of its withdrawal to the Secretary of the Commission. Withdrawal shall not relieve that associate member from its obligations to pay any charges which it has incurred up to the time of withdrawal nor shall withdrawal affect the ability of the Commission to establish rates for subscribers within the associate members ' geographic territory. • VI . REPRESENTATIVES Section 1 . Qualifications/Appointment . The City Council of each regular member municipality shall appoint two primary representatives , at least one of whom shall be a member of that council . The other representative may also be a member of that council but in any event must be a qualified voter residing within that city . When the council of a regular member munici- pality appoints • its first two primary representatives , it shall give notice of their appointments to the City Clerk of the other regular member municipalities . Notice of a successor primary represen- tative shall be given to the Secretary of the Commission. Notices shall include the name and mailing address of the appointee which shall be deemed to be the official name and address of that appointee for the purpose of giving any notice required under this agreement . Section 2 . Alternate Representative. Each regular member municipality shall appoint an alternate representative in the same manner and with the same condition as stated in Section 1. Alternate representatives shall be considered as primary representatives in the event a primary representative in unable to attend a meeting as defined in Section VIII . Section 3 . Term. The terms of the first primary representatives shall begin on the effective date of this agree- ment and one representative designated from each city shall serve a two year term and other a three year term. Thereafter , • each primary representative shall serve for a term of two years . Irrespective of the terms assigned to each representative or regular member municipality , that representative shall serve at the will of his or her municipality and can be removed at any time with or without cause by that regular member municipality. upon that municipality providing a notice of that event to the -4- 411 City Clerks of the other regular member municipalities and to ' the secretary of the Couuidssion. Section 4 . Voting. Each primary representative shall have one vote . There shall be no voting by proxy, however, in the event a primary representative is not in attendance, the alternate representative shall have his/her one vote. Section 5 . Compensation. Representatives shall serve without compensation from the Commission, but this shall not prevent a regular member municipality from compensating its representatives if compensation by that regular member munici- pality is otherwise authorized by law. VII . OFFICERS Section 1 . Number/Election. The officers of the Commission shall consist of a Chairman, A Vice Chairman, a Treasurer , and a Secretary , all of whom shall be a primary repre- sentative and shall be elected at the first meeting of the Com- mission and at the annual meeting of the Commission held on the 3rd Monday of • February_ of each year. New officers shall take office at the adjournment of the annual meeting of the Couilhission at which they are elected . Section 2 . Chairman/Vice Chairman . The Chairman or his designee shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chairman , and such other duties as may be prescribed by the Commission . The Vice Chairman shall act as Chairman in the absence of the Chairman . -5- , 411 411 Page 2 - Minutes 10/10/95 Parks Department - Councilmember Robert noted that the next meeting of the Parks Department was Monday, October 16th at 6 :30 p.m. and that the next meeting of the Garden Committee was Tuesday, October 17th at 5 :30 p.m. Bike Trail Easement - Councilmember Schaaf, seconded by Swenson, moved to direct staff to prepare easements and begin negotiations to acquire property necessary for the bike trail system. Carried 5-0 . Administration - Council reviewed the proposed revised frontage road across the Kern/Brackey land. Council had no objections to the revision. Cable Commission - Councilmember Swenson asked the public to report any feed-back they had on cable channel 10 to him or to call the Cable Commission. Strategic Planning - Mayor O'Neal described the Council ' s strategic planning session and noted that the Council ' s top priority for the next year was enhanced fire protection. Unfinished Business: Joint Elementary School/Park Proposal - Robertson said that the School District had narrowed down its options and at this point was choosing between one site in Oak Park Heights and one site in Stillwater Township. City Logo - Councilmembers Schaaf and Kern were appointed to a committee to review the proposed new city logo ' s . Council directed the committee to report to them at the Council meeting of December 11, 1995 .. Proposed Fire Substation - Councilmember Schaaf, seconded by Kern, moved to authorize the City Engineer to study several options to provide access to the proposed fire substation, study costs not to exceed $2, 000 . 00, costs for said study to be paid from the contingency fund, study report to be due at the council meeting of November 13 , 1995 . Carried 5-0 . Councilmember Swenson, seconded by Schaaf, moved to purchase a Type IV Carbon Monoxide Gas Detector and a Type I Carbon Monoxide Gas Detector, the Type IV Carbon Gas Detector to be donated to the fire department, costs for the detectors to be paid from the city' s contingency fund. Carried 5-0 . 011 25/95 Pa e 2 - Minutes 9 Page / Public Hearings : Request for Conditional Use Permit to Conduct Outdoor Sales & Storage - 13481 N. 60th St . - Ray Bellargeon, J&R Rental - Mayor O'Neal opened the Public Hearing at 8 : 06 p.m Present were Ray Bellargeon and Jerry Mechelke, property owners . Mr. Mechelke noted that the conditions noted in the conditional use permit were satisfactory to him and that he would talk to the other renters and get the loose materials cleaned-up or stored within buildings . Hearing no other comments, Councilmember Kern, seconded by Schaaf, moved to close the public hearing at 8 : 16 p.m. Carried 5-0 . Councilmember Swenson, seconded by Schaaf, moved to approve the requested conditional use permi-t contingent upon the maintenance of those conditions noted in the City Planner' s report . Carried 5-0 . Mary Buckley - 5860 Oldfield Ave . N. - , Mrs . Buckley expressed concerns about cracking at the blacktop edges of her driveway where it met the concrete apron. She said she would like to have it repaired to the same specifications as it had been built . Councilmember Swenson, seconded by Schaaf, moved to replace the cracked blacktop with a patch to the same specifications, with the City extending the warranty one year to a total of three years . Carried 5-0 . Department Reports : Police - Mobile Radar - Mayor O 'Neal reported that the approximate cost for a mobile radar unit was $13 , 000 . Administrator Robertson reported that Police Chief Swanson had been talking with area police departments to see if anyone would be interested in the joint purchase of a unit . Parks - Councilmember Robert reported that the Garden Committee ' s next meeting was scheduled for Tuesday, October 17th. The Garden Committee would be working with the Parks Commission on various projects . Members of the Garden Committee are Linda Moszer, Pam Patrick, Julie Payne-McCullum, Judy Smith, Liz Weaver, Paul Plaster - Parks Commission Representative, and Janet Robert - Council Representative . She also noted that the membership would be open and that anyone who is interested should apply at City Hall . She noted that the next Parks Commission meeting would be Monday, October 16th at 6 :30 p.m. at Oak Park Heights City Hall . Cable Commission - Councilmember Swenson reported that the next meeting of the cable commission would be Wednesday, September 27th at 7 : 00 p.m. Robertson noted that Doug Bergman had applied to be appointed to the cable commission. Councilmember Swenson, seconded by Kern, moved to appoint Doug Bergman to the cable commission. Carried 5-0 . • LAW OFFICES OF Eekherg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 01835 Northwestern Avenue S Lyle J. Eci i erg Stillwater, Minnesota 55082 Susan D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** FAX (612) 439-2923 Marl J. Vierling* Paul A Wolff Gregory G. Galler• Direct Dial (612) 351-2118 (1944-1996) Kevin K. Shoeberg *Qualified Neutral Arbirator FJ Mediator Thomas J. Weidner *Qualified Neutral Arbitrator October 7, 1996 *Certified Real Estate Specialist MR MICHAEL J ROBERTSON MS JUDY HOLST CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Connel Park Acquisition + - 8 1996 Court File No C6-96-1745 \, _ _._.... Dear Mike and Judy: ..__ __. Enclosed herewith please find a copy of correspondence from William Schwab together with the Report of the Commissioners in regards to the above-referenced matter. Judy, please issue a check to Mr. and Mrs. Connel in the amount of $20, 000 . 00 for the amount of the award, a check to Mr. Schwab for $750 . 00, Mr. Mugg for $600 . 00 and Mr. Adkins for $600 . 00 . Please note that they also awarded Mr. Ranum $500 . 00 for his appraisal, however, he had been paid $300 . 00 pursuant to my correspondence of April 3 , 1996, therefore, a check for the directed to Curt Remington of $200 . 00 d g ton and Karl Ranum should cover the cost of the appraisal. Once these checks have been drafted, please f• , -rd them to my office so that I may forward to all parties, If you have any questions, please . feel free to contact me directly. Yours v-ry t - y, Mar J. Vierling MJV/smp Enclosures . i STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Oak Park Heights, a Court File No. C6-96-1745 municipal corporation, Petitioner, REPORT OF COMMISSIONERS IN vs . THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS IN THE CITY Allan A. Connel, Jr. and OF OAK PARK HEIGHTS Geraldine Connel, husband and wife, Respondent . The undersigned, WILLIAM A. SCHWAB, Chairman, JAMES K. MUGG and CLIFFORD N. ADKINS, Commissioners duly appointed by the above Court to ascertain and report the amount of damage that will be sustained by the above-named owner of the land described in the Petition on file herein by reason of taking by condemnation of that certain parcel of land described as follows: SEE ATTACHED hereby report as follows : That the Commissioners, having qualified as required by law, having viewed the premises taken and having heard the testimony relative thereto, hereby assess and award the following damages for the taking of the real property interests described therein: Damages for the taking are assessed in the amount of $ XD/ 12'ZY-C, c f) . The undersigned further report that they have spent the number of days shown below in the discharge of their duties as Commissioners, and ask as their fees the amounts hereinafter stated . y • 410 for the performance of said duties as Commissioners in accordance with the provisions of the Order by which they were appointed as follows : WILLIAM A. SCHWAB Fees at $ /5C) 0 ° per day for days. $ 7.5"C')- cPo JAMES K. MUGG �/ Fees at $ /.5'o v° per day for `7' days. $ -©D- c9 G CLIFFORD N. ADKINS Fees at $ /50. C 0 per day for ti days. $ G p 0. or) The undersigned, in their discretion, allow and show separately in addition to the above award of damages, reasonable appraisal fees in the amount of $ 500. c' O . Dated this o/t-�P day of (9(›G` A-E^.' , 199 . -r---/ A ___ / d / ,Lie______ Infield, Inc. 10010 60th Str. No,Stillwater, MST 55052 WILLIAM A4. SCHWAB L t , ., k ket,w, Woodland Acres 10336 Jody Avemae No, Stillwater MV 55082 AMES K. MUGG Adkins Appraisal Service 2227 Lake Ebro Ave No, CLIF RD N. ADKINS Lake Elm, MV 55042 • EXHIBIT A All that part of the South 225 . 00 feet of the Northeast Quarter of the Northwest Quarter of Section 4, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows : Beginning at the point of intersection of the northerly line of said South 225 .00 feet with the easterly line of the West 332 . 00 feet of said Northeast Quarter of the Northwest Quarter; thence easterly along said northerly line 209 . 79 feet, more or less, to the easterly line of that particular parcel as described on Certificate of Title Number 3188, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; thence southerly along said easterly line 223 .35 feet, more or less, to a point 1.73 feet northerly, as measured along said easterly line, from the southerly line of said northeast Quarter of the Northwest Quarter; thence westerly in a • direct line to a point in said easterly line of the West 332 .00 feet of the Northeast Quarter of the Northwest Quarter distant 0 . 57 feet northerly, as measured along said easterly line, from said • southerly line of Northeast Quarter of the Northwest Quarter; thence northerly along said easterly line to the point of beginning. Parcel contains 1.0781 acres, more or less. Subject to easements and agreements of record. Subject to and together with any other valid easements, reservations or restrictions. • • Professional Full Service Appraisers• 10010- 60th Street Stillwater,MN 55082-9306 (612) 777-9211 FAX(612)777-0119 Certified General and Residential Appraisers Licensed in Minnesota and Wisconsin WILLIAM A.SCHWAB,CA-S,C.R.A. Senior Appraiser di ' = YJACK M.SW CRPA/S ' ? eni rst affp paisr SoAe ��-',/ SANDY L.REBER,CA-R PEN"IELD, INC Senior Staff Appraiser • PATRICIA M.SCHWAS Staff Serving All Areas of Appraisal Needs HARRI praiser ANDREW J. ARRINGTON Staff Appraiser October 2, 1996 Mr. Mark Vierling 1835 Northwestern Avenue Stillwater, MN 55082 Re: Oak Park Heights Vs. Allan Connel Dear Mark: Enclosed, lease find the completed commissioner award v p p do n the eabo above III referenced condemnation action. Please see that the award is filed with the court. If there are any questions, please do not hesitate contact me. Sincerely yours, Ili //1 William A. Schwab Penfield, Inc. Enclosure Members of: AMERICAN ASSOCIATION OF CERTIFIED APPRAISERS NATIONAL ASSOCIATION OF REVIEW APPRAISERS MINNESOTA GOVERNMENTAL APPRAISERS INTERNATIONAL RIGHT OF WAY ASSOCIATION AMERICAN PLANNING ASSOCIATION APPRAISAL INSTITUTE ST.PAUL BOARD OF REALTORS WESTERN WISCONSIN BOARD OF REALTORS Specialists in Appraising of Real Estate,Business Fixtures and Equipment 4111 • copy LAW OFFICES OF • Eekberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eckberg Stillwater. Minnesota 55082 David D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs*• FAX (612) 439-2923 Mark J. Vierling* Paul A Wolff Gregory G. Geller• Direct Dial (612) 351-2118 //�� (194:1-1996) Kevin K. Shoeherg *Qualified Ne/utral Arbirator& ��edialor Thomas J. Weidner *Qualified Neutral Arl,itralor October 7, 1996 *Certified Real Estate Specialist MR KARL M RANUM ATTORNEY AT LAW 104 NORTH MAIN STREET STILLWATER MN 55082 RE: Connel Park Acquisition Dear Mr. Ranum: Enclosed herewith and served upon you by U. S. Mail please find Notice of Entry and Filing of Report of Commissioners in regards to the above-referenced matter. A check in the amount of $20, 000 . 00 will be forthcoming. • Yours very truly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Michael Robertson •