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1990-09-04 Councilr 3awc• CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA SEPTEMBER 41 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Consent Calendar a. Acknowledgment of the August 28th Draft Planning Commission Minutes. b. Acknowledgment of the Building Activity Report for August. c. Acknowledgment of the Quarterly Engineering Report. d. Acknowledgment of Objection to Colon Assessments. e. Adoption of RESOLUTION NO. 90-63 - Flexible Benefit Plan. �-- Adoption of RESOLUTION NO. 90-64 - Authorizing Bond Issuance and Signature of Documents - Lexington Heights. g. Approval of Installation of Street Lights - Deer Trail Hills. h. Approval of the List of Contractors. i. Approval of the List of Claims. End of Consent Calendar 5. Public Comments * a. Reconsideration of Furlong Petition - RESOLUTION NO. 90-65 6. Presentation a. Peat Marwick Auditor's Report 7. HEARINGS ** a. Easement Vacation - Lot 35, Willow Springs Addition ** 7:45 P.M. ** RESOLUTION NO. 90-66 b. CASE NO. 90-26: Con/Spec (MIST) - CUP and Variance ** 8:00 ** (Recommend continuing the public hearing until 8:00 P.M. January 15, 1991) . 8. Unfinished and New Business ' a. CASE NO. 90-30: Mateyka - Wetlands Permit 4. b. Mendota Heights Road MSA Project - Request for Feasibility Report RESOLUTION NO. 90-67. c. Cable TV Narrowcasting Issue RESOLUTION NO. 90-68. d. Comparable Worth Adjustments. e. Park Improvements Update. - GMH Contract Status - Sibley Comfort Station 9. Council Comments 10. Adjourn CITY OF MENDOTA HEIGHTS TO: Mayor and City Council FROM: Tom Lawell, City Admin 's SUBJECT: Add On Agenda for September 4th Council Meeting Attached, please find the revised agenda for tonight's Council meeting. One item has been added to the public comments section on the agenda (*). One item has been moved from the unfinished and new business portion of the agenda to the hearings portion of the agenda (**). This particular item is an advertised hearing which should be considered at the designated time slot of 7:45 P.M. or as soon thereafter as possible. 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on pink paper. 5a. Public Comments - Reconsideration of Furlong Petition Please review the attached memorandum and consider adopting Resolution No. 90-66. 7a. Hearings: Easement Vacation - Lot 35, Willow Springs Addition This item originally appeared under the unfinished and new business portion of the agenda. MTL:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 28, 1990 The regular meeting of the Mendota Heights Planning Commission was held - on Tuesday, August- 28, 1990, in the City Hall Council Chambers, 1101 Victoria_ Curve. Chairperson Morson called the meeting to order at 7:30 o'clock P.M. The following members were present: Morson, Koll, Dwyer, Dreelan, Duggan and Tilsen. Commissioner Krebsbach w_as excused. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy and Senior Secretary Kim Blaeser. t APPROVAL OF MINUTES - r Commissioner- Duggan,moved -to-approve the July 24, 1990 minutes y 'Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 - CASE NO. 90-30 - MATEYRA - + WETLANDS Mr. Paul Mateyka, Sr., owner. of Lot 4, Block 1, Spring ICreek Acres, ,was present to discuss his request for a Wetlands Permit. Mr. Mateyka explained that the July Planning Commission meeting he had his lot resurveyed and that he has moved the house forward four feet (4') to come into line with his -neighbor's house to the east. Commissioner Koll questioned what the orange stakes posted on his lot represented. Mr. Mateyka stated that the orange stakes represent the property lines. He explained that the blue stakes represent where the house is proposed to be constructed. In response to a question from Chairperson Morson, Mr. Mateyka stated that the proposed house will have a walk out basement. Commissioner Tilsen commended Planner Malloy on the_ report he submitted. He stated that he agrees with the planning recommendation that the house should be moved to the north twenty feet (201) so that the house wille_be constructed within the existing clearing of trees. Commissioner Tilsen stated that AYES: 6 NAYS: 0 HEARING CASE NO. 90-24 JA DEVELOPMENT CUP FOR PUD by moving the house further north the creek we be able to retain its natural character. It was the consensus of the Planning Commiss that the house should be moved further north. Mr. Mateyka stated that the farther back his house is proposed the more valuable his house becomes. He stated that there have been two other homes approved to be built close to the creek and that he wants the same treatment as they had. He explained that he is the last to build in that addition and that he does not want to be penalized. Mr. Mateyka explained that he would be willing to take six feet (61) off of the proposed deck and move the house up ten feet (101). He further explained that there are many dead trees on the lot. Chairperson Morson explained that the Commission is concerned with filling near the creek. Chairperson Morson stated that by moving the house further north Mr. Mateyka would be able to avoid any filling and then have a reasonable back yard. Commissioner Tilsen questioned if the neighbor to the east has been informed of the proposed placement of the house. Mr. Mateyka stated that the neighbor to the east of his lot is further back than his proposed home would be. Commissioner Duggan moved to grant a ten foot (101) front yard setback variance, waive the request for a public hearing and grant a Wetlands Permit allowing a forty four foot (441) setback from Spring Creek for Lot 4, Block 1, Spring Creek Acres. Commissioner Tilsen offered a friendly amendment stating that the approval of the Wetlands Permit is subject to Mr. Mateyka receiving written concurrence from his neighbor to the east. Commissioner Dwyer seconded the motion. As requested by JA Development, Commissioner Duggan moved to continue the public hearing to September 25, 1990 at 8:00 o'clock P.M. fr Commissioner Dwyer seconded the motion. VERBAL REVIEW ADJOURNMENT AYES: 6 NAYS: 0 Public Works Director Jim Danielson gave a verbal review to the Planning Commission on city council action on Planning items. Commissioner Duggan moved to adjourn the meeting at 8:00 o'clock P.M. Commissioner Dwyer seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary MEMO Date: 8-27=90 TO: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Activity Report for August 1990 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. CURRENT MONTH YEAR TO DATE 90 YEAR TO DATE 89 BUILDING PERMITS: No. Valuation Fee Collected No. Valuation Foe Collected No. Valuation Foe Collected SFD 7 1,217,653.00 10,395.02 49 8,004,199.00 69,149.38 63 10,027,455.00 87,669.68 APT 0 0 0 0 0 0 0 0 0 TOWNHOUSE 0 0 0 5 638,665.00 6,023.34 18 2,061,488.00 17,044.33 CONDO 0 0 0 16 1,278,376.00 8,116.36 ( 7 1,500,000.00 7,490.18 MISC. 25 172,098.00 3,803.23 161 1,220,869.00 22,157.87 ( 143 1,266,597.00 22,273.32 C/I 4 277,676.00 1,696.55 22 1,265,225.00 8,784.06 29 6,605,905.00 37,672.69 --- ---------------------------------------+------------------------------------+------------------------------------ Sub Total 36 1,667,427.00-- 14,894.80 253 12,407,334.00 114,231.01 260 21,461,442.00 172,150.20 TRADE PERMITS: Plumbing 28 1,002.00 94 4,583.00 97 2,625.00 Water 28 140.00 78 390.00 93 465.00 Sewer 30 525.00 73 1,277.50 78 1,365.00 Heat, AC, & Gas 28 3,958.00 119 15,022.35 130 4,334.00 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 114 5,625.00 364 21,272.85 398 18,789.00 Licensing• Contractor's Licenses 21 525.00 385 9,625.00 424 10,600.00 ------------------- ---------------------+------------------------------------+------------------------------------ Total 171 1,667,427.00 21,044.80 11002 12,407,334.00 145,128.86 11082 21,461,442.00 201,539.20 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. ENGINEER'S PROJECT REPORT AUGUST 31, 1990 PROJECT: City Park improvements DESCRIPTION: Upgrade of neighborhood parks with additional play equipment and trails, construction of new park improvements including ball diamonds, soccor fields, play equipment, trails, and a comfort station. CURRENT STATUS: The neighborhood park improvements are substantially complete. Sibley park improvements are underway, but some problems have surfaced in the soils under the soccor field which could delay completion of the field until winter. Sibley park is about 50% complete and running behind schedule. The bids for the comfort station in Sibley park came in over estimate, so city staff is investigating the possibility of having city staff be the general contractor for the project in order to save money. PROJECT: Bike Trail system (parks referendum). DESCRIPTION: A Bike Trail system connecting all areas of the city. The current project is the first of two phases, and includes approximately 8 miles of trails. CURRENT STATUS: About 90% of the trails have been paved, only a small part of the restoration is complete. The contractor is confident the project will be done shortly, but the completion date was September 1st, and penalties are now in affect. PROJECT: Furlong Area Utilities/ Lake LeMay Overflow Project DESCRIPTION: Sewer & water for Furlong area and the 1155 Corridor" and Storm Sewer Overflow for Lake LeMay. CURRENT STATUS: A revised feasibility report has been completed. ESTIMATED COST: $1,177,000 to serve the entire project area. PROJECT: Municipal Watershed Management Plan. DESCRIPTION: In order to meet state requirements regarding Watershed Management Organizations, the City must have a city plan to -address quantity and quality water issues. CURRENT STATUS: BARR EnVineering is in the preliminary stages of completing our plan. ESTIMATED COST: Preparation is not to exceed $39,000 PROJECT: City Capital Assets Inventory. DESCRIPTION: A study of the condition of all City infrastructure. CURRENT STATUS: Storm sewer inventory and condition is nearly complete. A report on the policy issues surrounding street rehabilitation has been completed and will be updated and presented for final approval. PROJECT: Mendota Woods Subdivision DESCRIPTION: Public utilities and street grading to serve 10 new single family lots between Mendota Hts Rd and T.H. 494 CURRENT STATUS: The project was put out for bid, but the bids came in higher than the engineer's estimate, so were rejected. The project will be rebid this winter. ESTIMATED COST: Feasibility report estimated about $17,500 per lot or $175,000 for the project. PROJECT: Bridgeview Shores 2nd Addition DESCRIPTION: Public utilities to serve 23 new single family lots CURRENT STATUS: The project is 80% complete. All that remains is restoration and the final lift of bituminous. ESTIMATED COST: $11,000 per lot for these improvements (other deferred assesssments will raise the per lot cost) PROJECT: Water Distribution System Analysis DESCRIPTION: HNTB Engineers are preparing a report on our water system to determine if we have any problems which could arise in the future. CURRENT STATUS: Preliminary work is just getting started. ESTIMATED COST: Not to exceed $6,900. CITY OF MENDOTA HEIGHTS MEMO August 28, 1990 TO: Mayor, City Council, FROM: James E. Danielson - SUBJECT: Colon Assessments - Job No. 8220 City Adminis Public Works D' e Dupre Objection Improvement 88, Project 6 DISCUSSION: After the last Council meeting, staff received the attached written objection to the Colon Project assessments. Mr. Dupre, 560 Miriam, is an abutting landowner whose property drains through the Colon Project. He was assessed $2,297.55 for storm sewer. ACTION REQUIRED: For information only. JED/rmd Ar CITY OF MENDOTA HEIGHTS MEMO August 29, 1990 TO: Mayor, City Council and City Adminis� FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Flexible Spending Benefit Plan HISTORY Since our last meeting which gave approval of dealing with Legal Systems Service Corporation to develop a flexible Benefit Plan, we have held group meetings with our City employees. The individual meetings will take place this week, and we would hope to complete the paperwork to institute the plan with the pay period commencing September 10th. Initial response has been excellent and many employees look forward to substantial tax savings. ACTION REQUIRED Adopt Resolution No. 90 - for the City. LES:kkb , adopting a Flexible Benefit Plan CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90 - ADOPTION OF THE CITY OF MENDOTA HEIGHTS FLEXIBLE BENEFITS PLAN WHEREAS, the City of -Mendota Heights desires to provide its employees with certain tax -advantaged benefits and to allow its - employees to select from among the fringe benefits offered; and WHEREAS, the City of Mendota Heights desires to have a Flexible Benefits Plan covering its qualified employees, their spouses and their dependents in order to attract and retain the best available personnel and to provide said employees with additional incentives to contribute to the success of the Employer and to encourage them to remain in the employment of the City of Mendota Heights. NOW THEREFORE BE IT RESOLVED that effective the fourth day of September, 1990, and for future years, the City of Mendota Heights shall adopt the City of Mendota Heights Flexible Benefits Plan, which shall cover such employees as may qualify from time to time under the provisions of said Plan, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the Committee which shall administer the Flexible Benefits Plan is hereby appointed and shall consist of: BE IT FURTHER RESOLVED that the Plan Year for the Flexible Benefits Plan shall end on the day of ; and; BE IT FURTHER RESOLVED that the appropriate officers and the above -appointed Committee be and are hereby authorized and directed to •:'e all steps and execute all documents necessary to carry out the provisions of the Flexible Benefits plan and to keep a copy of such Plan as adopted on file in the principal offices of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this fourth day of September, 1990. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor s - CITY OF MENDOTA HEIGHTS MEMO August 30, 1990 4 TO: Mayor, City Council and City Adminis FROM: James E. Danielson, Public Works Director SUBJECT: Installation of Street Lights - Deer Trail Hills HISTORY At the time the developers of Deer Trail Hills platted the land, they proposed the limited installation of street lights. A non profit homeowner's association was formed to pay the operating costs of the lights and do any common area maintenance. The installation of the lights was put off until the majority of the lots were built on, and the residents could select the style of light they wished to have. The attached light is the one selected by the residents and will be installed at the two entrances to the development. An additional light will be installed at the island cul-de-sac but has not yet been selected. Either low ground lights will be put in the island or a similar light at the water easement between lots 11 and 12. ACTION REQUIRED Approve installation by the developer at the selected locations. JED:kkb • �i'tyy -�•. tocrrtr KIM ••••W� ` 1`jlff /Mr•wi. •rrM• rMw.w (1 W' WM tlr1/ IM••• Oft ® �' •10/1Fg1• Ylorq PWP 1/•401 I �I t1//I ••111 •/.rltllM .. •.�/• ��` •_ . •s'1�iH•iivai a��a • r / y ON/W py VtbF •`,�� r .l ...a • 1 Illi • E7 C EEE erre ( •r •': . has 1 • o r• 1 / y ON/W py VtbF •`,�� r .l ...a • 1 Illi • E7 C EEE erre ( •r •': 1 o r• 1 I • , .►net- aft �' 1 I r . .�'..N...............«...............•t ik — ! W. •tYt.i ,J '- ;ytst� >' `\ •+� �' wi11/►,\ice .J/ \ t r.'........: ... �•..�....iliar wool -on— Was ,r f ---y ' �'`�• N © i :.� i 1 ` -#roll - 1 ' � ' •++ '�•� : .., YJ " � r � • tt/99/�� ISI 'i j-'" .1..........� . i �;•i �" 1•>7 �•tM. 1 a •-7th+, •.Q 1 ^ f ............. . t11My'�i..«rri:r r•• .' 1 :: -NY/ co A toil ` . 1 y � �• .. 11 1 f1 1 j I 1 t..........-n•11f �.............` /_ . -Poo - 0 Energy Efficient Lighting Our products offer the most energy efficient lighting sources available. The selection of a light source for a project should be based upon its efficiency, maintenance cost, and the desired appearance of the environment. All lamp types provide different design parameters. Some popular lamp types are listed below with information for outdoor lighting applications. Incandescent lamps are low efficiency, short life lamps that produce a warm white color which is excellent for people and fair for landscapes. Mercury Vapor lamps (deluxe white) are high efficiency, long life lamps that produce a blue -white color which is good for people and landscapes. Metal Halide lamps are high efficiency, medium life lamps that produce a white color and are good for people and landscapes. Lower wattage Metal Halide lamps have shorter lamp life. High Pressure Sodium lamps are very high efficiency, long life lamps that produce a yellow -white color which is poor for people and landscapes, but good for security and safety lighting applications. There are many more specialized lamps available which can produce desirable lighting environments. For more information or assistance in selecting the proper light source, please contact the factory or your local representative. Optical Systems Antique Street Lamps is dedicated to developing the most efficient lighting systems available. We are constantly working on new designs which provide more efficiency and better lighting control without sacrificing design integrity or visual comfort. We will be pleased to provide you with lighting application data or layout assistance. Right Photo: Austin Series post, Catalog Number A11 /20-CI/PP-LT8/2-H 1751240 Installation Our posts are base mounted on four anchor bolts which are concealed in the base. Certain FRP posts are also available with direct burial shafts which can provide installation savings. Because of their light weight our FRP post can be installed without expensive lifting equipment. The weight of our cast iron post (400 pounds or more) normally requires unloading and installation equipment. • Specifications General specification guidelines are listed below. More complete specification information is available from the factory. For cast iron posts the specification should be as follows. The lighting posts shall be Antique Street Lamps' (series name) series, Catalog Number (complete catalog number). The posts shall be heavy -wall cast iron, prime painted. The luminaires shall be cast aluminum with (polycarbonate or acrylic) (globe or lens). The ballast assembly shall be integral high power factor type for a (lamp type, wattage and voltage). All hardware shall be stainless steel. For FRP posts the specification should be as follows. The lighting post shall be Antique Street Lamps' (series name) series, catalog number (complete catalog number). The post shall be a heavy-duty cast fiberglass reinforced polyester post finished with a premium polyurethane coating. The luminaires shall be cast aluminum with (polycarbonate or acrylic) (globes or lens). The ballast assembly shall be integral high power factor type for a (lamp type, wattage and voltage). All hardware shall be stainless steel. ANTIQUE Street Lamps, Inc. 8412 South Congress Austin, Texas 78745 (512) 282-9780 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL SEPTEMBER 4, 1990 General Contractors Licenses Deck Specialist Johnson Beck Construction Co. Langer Construction Prior Lake Blacktop, Inc. Walker Roofing Company Heating Licenses Red Rock Heating & Sheet Metal Inc. 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O %O V O co W W V W O N W 4a In Dp V co k001 N 0% N ON to co Ra In C% Ri Q, Ir 4, V O W N V O O O V O N W 4 W to N• O V Ow f00 W 0000InO W NN In 0% O kn Nib O N O OOO4aO Uf MO a nbM�rcyni m m c tha m h 0 ft C rt O O H• ti d h 0 O rt Di N rt 1-. I+• N tC lb o$ Dpi N N f7 f� O w y 42t.N 00 b h n h§ a o§et n N O lv to y Cb c W y�0o00 coh a10 m to tD y \\\\ \ (D h CD .0 m b C rtNNNN NVQ bb Dib Q, 16N. aaaao dah c�pD H•t3 H qc 1�y.� to W M H \ LC tC ti a h= H O a �r b N• �p gh r0rbttn btn 0. m ti rtti tc (b e y � n y cOt• N w a N CITY OF MENDOTA HEIGHTS MEMO August 30, 1990 TO: Mayor, City Council and City Admini--46�4 FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Lexington Heights Apartment Project: Refunding Bond Issue HISTORY On March 6, 1990, the Council held a public hearing on the proposed refunding of the Housing Revenue Bonds for the Lexington Heights project. At that time, a resolution giving preliminary approval of the Refunding Issue was adopted. The Project owner is now ready to proceed with the refunding issue. The Holmes and Graven Law firm has prepared the documents which have been reviewed by Attorney Tom Hart's office and appear to be in final form. ACTION REQUIRED Adopted Resolution No. 90 -, authorizing bond issuance and signature of documents. LES:kkb RESOLUTION of the CITY OF MENDOTA HEIGHTS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1990B (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, AN AMENDED AND RESTATED REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS WHEREAS, the City of Mendota Heights, Minnesota (the "Issuer") is a municipal corporation and political subdivision of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to finance the cost of the acquisition, construction, improving and equipping of multifamily housing developments to be located within its corporate boundaries; and WHEREAS, the Issuer has previously issued its $11,000,000 Housing Mortgage Revenue Bonds (Lexington Heights Apartments Project) dated December 1, 1983 (the "Prior Bonds"); and. WHEREAS, the Issuer loaned the proceeds of the Prior Bonds to Lexington Heights Associates Limited Partnership, a Minnesota limited partnership (the "Company") for the purpose of acquiring, constructing and equipping a 225 -unit multifamily housing development within the corporate boundaries of the Issuer (the "Project"); and WHEREAS, the Company has requested the Issuer to issue its Multifamily Housing Refunding Revenue Bonds (Lexington Heights Apartments Project) Series 1990B in an aggregate principal amount of not to exceed $2,500,000 (the "Bonds") to provide for the funding of a loan (the "Loan") to the Company for the purpose of refunding of the Prior Bonds on or about December 1, 1990; and WHEREAS, the Loan will be made pursuant to the terms of a Loan Agreement dated as of September 1, 1990 (the "Loan Agreement') between the Issuer and the Company; and WHEREAS, the Issuer proposes to finance the refunding and redemption of the Prior Bonds under the Act by the issuance of the Bonds of the Issuer under this resolution and by the issuance of another series of revenue bonds which are to be separately authorized (the "Series B Bonds"); and WHEREAS, the Bonds will be issued under^'an Indenture of Trust dated as of September 1, 1990 (the "Indenture') between the Issuer and the trustee named therein (the "Trustee'), and are to be secured by a letter of credit issued by First Bank National Association (the "Bank'), or any substitute letter of credit delivered in accordance with the terms of the Indenture (collectively, the "Letter of Credit'), and a pledge and assignment of certain other revenues, all in accordance with the terms of the Indenture, and said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Project; and WHEREAS, the Issuer has duly held a public hearing regarding the issuance of the Bonds for which hearing notice was published in a newspaper of general circulation in the City not less than fourteen (14) days in advance of such hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The Issuer acknowledges, finds, determines, and declares that the refunding of the Prior Bonds, the proceeds of which were used to construct the Project, furthers the purposes of the Act. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount not to exceed $2,500,000 and at an interest rate not exceeding 9.5% per annum. The Bonds shall be numbered, shall be dated, shall bear interest, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture in the form now on file with the Issuer. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided pursuant to the Loan Agreement, the Letter of Credit, and other funds pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the City Administrator of the Issuer (together, the "Officials') to execute and deliver the Indenture by and between the Issuer and the Trustee, and to deliver to said Trustee the Indenture, and hereby, authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the bondowners, the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the City Administrator, in his discretion, shall determine, and the execution thereof by the City Administrator shall be conclusive evidence of such determination. 4. The Officials are hereby authorized and directed to execute and deliver the Loan Agreement, the Amended and Restated Regulatory Agreement dated as of September 1, 1990, by and between the Issuer and the Company (the "Regulatory Agreement"), and the Bond Purchase Agreement by and among Juran do Moody, Inc. (the "Underwriter"), the Company and the Issuer (the "Bond Purchase Agreement') and the Remarketing Agreement by and among the Issuer, the Underwriter, the Company and the Trustee (the "Remarketing Agreement'). All of the provisions of the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement and the Remarketing Agreement, when executed and delivered as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement and the Remarketing Agreement shall be substantially in the forms on file with the Issuer, with such omissions and insertions as do not materially change the substance thereof, or as the City Administrator, in his discretion, shall determine, and the execution thereof by the City Administrator shall be conclusive evidence of such determination. 5. The proceeds of the Bonds shall be disbursed pursuant to the Indenture and the Loan Agreement. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7. The Officials are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including an arbitrage certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. 8. The Issuer has not participated in the preparation of the Preliminary Official Statement or Official Statement relating to the Bonds (the "Official Statement') and has made no independent investigation with respect to the information contained therein, including any appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution of the Official Statement by the Underwriter in connection with the sale of the Bonds. 9. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer by the provisions of this resolution or the aforementioned documents 3 shall be exercised or performed by such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making.the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any owner of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any owners from time to time of the Bonds issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The officers of the Issuer, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements 4 contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Administrator of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk with the same force and effect as if such documents were executed and delivered by the City Administrator of the Issuer. Adopted: , 1990 Mayor Attest: City Clerk -Treasurer iw CITY OF MENDOTA HEIGHTS Resolution No. AUTHORIZING AMENDMENTS TO DOCUMENTS RELATING TO THE CITY'S $11,000,000 HOUSING MORTGAGE REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) DATED DECEMBER 1, 1983 WHEREAS, the City of Mendota Heights (the "City") has previously issued its $11,000,000 Housing Mortgage Revenue Bonds (Lexington Heights Apartments Project) (the "Bonds") pursuant to an Indenture of Trust (the "Indenture") dated as of December 1, 1983, and amended by a Supplemental Indenture dated as of June 1, 1986, each between the City and First Trust National Association; and WHEREAS, the proceeds of the Bonds were loaned to Lexington Heights Associates Limited Partnership (the "Company") pursuant to a Loan Agreement (the "Loan Agreement") dated as of December 1, 1983, and amended by an Amendment to Loan Agreement dated as of June 1, 1986, between the City and the Company in order to finance the acquisition and construction of a 225 -unit multifamily rental housing facility in the City "the "Project"); and WHEREAS, the Bonds were secured by a letter of credit issued by First Bank National Association and by a Combination Mortgage, Security Agreement. and Fixture Financing Statement (the "Mortgage") dated as of December 1, 1983 from the Company in favor of the Trustee; and WHEREAS, the Company has obtained from FHA a firm commitment for the insurance of a mortgage with respect to the Project under Sections 223(f) of the National Housing Act of 1934, as amended (the "FHA Insurance") and has requested that the City and the Trustee approve amendments to the Mortgage and the Loan Agreement as necessary to permit the Mortgage to be insured by the FHA Insurance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS AS FOLLOWS: 1. The City hereby approves the amendment of the Loan Agreement and the amendment or replacement of the Mortgage as necessary to permit the Mortgage or a substitute mortgage in favor of the Trustee from the Company to be insured by the FHA Insurance. Such amendments shall be in forms approved by the City Attorney and the Officials. 2. The Officials are hereby authorized and directed to execute the amendments described above and to execute and deliver, on behalf of the City, any other documents or amendments approved by the City Attorney and necessary or appropriate to permit the Mortgage or a substitute mortgage to be insured by FHA under Section 223(f) of the National Housing Act of 1934, as amended. In the event ®(.t7uti ■I that either of the Officials is unable to carry out the execution of the documents described herein, any member of the City Council of the City shall be authorized to act in either of their capacity and undertake such execution on behalf of the City with full force and effect, which executions shall be valid and binding on the City. Adopted: September 4, 1990 Attest: City Clerk -Treasurer 2 Mayor I CITY OF MENDOTA HEIGHTS MEMO September 4, 1990 TO: Mayor, City Council, City Administ3t '+ FROM: Klayton H. Eckles Civil Engineer SUBJECT: Furlong Area Petition for Public Hearing Job No. 8616 Improvement No. 86, Project No. 4 DISCUSSION Staff has recieved another petition from the Furlong area which requests a public hearing be held on the improvement of the neighborhood (see attached petition); There are 20 different properties represented, which is over 50% of the neighborhood. The 19 residents and Larsons Greenhouse represent more than 35% of the total assessments for sewer and water. RECOMMENDATION Staff recommends Council order a public hearing for the Furlong and Surrounding Areas Improvement Project. ACTION REQUIRED If Council concurs with Staff's recommendation, Council should pass Resolution 907 , RESOLUTION ACCEPTING PETITION AND ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMNTS TO SERVE THE FURLONG AREA AND SURROUNDING AREAS (IMPROVMEMENT NO. 86, PROJECT NO. 4). KHE:dfw 1 --A 09iO4i90 11:24 $ 612 688 7820 CE!_LEUvn To! Mandota U*ights City Council we, the undersigned property owners,. petition -the Mendota Heights City Council to provide inun.i oipa.l sewer in.d water aervic * to the residents in the ZUr't onqxaa i t i on. consisatant with its duty, the City of Mendota Heighte did request the Dakota County Roal,th Depar stent wore. than a year ago to investigate., and in therefore fully aware of the contaminated Wells and the onlagnd sewage disposal problems that exist in the ftrJQW Addition. Thermo health problems beg for correction to 'protect the safety emd the general welfare of the 1Png &dW,t1gn residents p in particular, emall ahildrete and the elderly who Could very easily become victims of contaminated drinking water and onlaud sewage disposal problems. we believe that the most regent "Feasaibility Report" prepared for the City Counoil by the Mandota heights Engineering Departsaent clearly indicates that it its econozically feasible for the City of Mendota Heights, through the use of tact inaremet3t funds, to provide municipal newer and water service to the residents of Furlonq Addition. The F'urlong .Addition is part of am x existing TIS` Di strict; and our real estate taxes have become a part of the TIF funds for the District. We are therefore entitled to the use of TIF funds to correct a potential public health problem that nose exists= they solution of whish would not he sconon-toally feasible but tor the availability of TIF funds, Wo further ask that you treat this petition as a. damand that the City of Mendota Heights immadiatei y taka suit notion as riocepsary to initiate* a municipal ts&war and water project: to provide. these services to the residents of the oncL ditian at the earliest date possible, and that. Tir funds bo used to make the project economically feasible. 09/04/90 11:24 $ 612 688 7820 CELLECON 03 We, the undersigned residents of the Furlong Addition, petition the Mendota Heights City Council to accept the recommendation of the August 16, 1990 Engineer's feasibilit Report and to proceed with the action required to order the proposed pUblis Baring on Resolution No. 90 - Improvement No. 86, Project No. 4. NAME C� �4 7 >�r 121 IL •� 9 r � �d:•LL �, f�S�/�U Q ADDRESS ".41* O<z wlenry A.�' 1-313 u zrL� L : 1 V C- 1 •.. , l 3. v !l �rv2/ /I.V. } 3 o J �X40_�140>1 I�ci h - Kra oa° LA 130 7 t ol(v. l aid 09/04/90 11:25 a 612 688 7820 ifA f '1/ 1 - • • If �v-I.s.iVr w CELLECON 04� City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90 - RESOLUTION ACCEPTING PETITION AND ENGINEER'S REPORT. AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENTS TO SERVE THE FURLONG AREA AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) WHEREAS, a petition has been filed with the City Council requesting sanitary sewer, water, and storm sewer improvements to serve the Fur- long Area and surrounding areas; and WHEREAS, the City Engineer has submitted his report to the City Coun- cil with respect to the proposed construction of the following im- provements to serve the Furlong Area and surrounding areas, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the areas hereinafter more particu- larly described. The construction of a storm sewer system including appurtenances and incidentals thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta,.and is more particularly described as follows: Furlong Addition and 1155 Corridor" WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the above described petition be and is hereby accepted by the City Council of the City of Mendota Heights. 2. That the report of said City Engineer be and is hereby received. 3. That a public hearing on said improvements be held on Tues- day, October 2, 1990 at 8:00 P.M. or as soon as possible . thereafter at Mendota Heights City Hall, 1101 Victoria Curve in the City of Mendota Heights. .tel 4. That the City Clerk, with the aid and assistance of the City Attorney, be and is hereby authorized and directed to pre- pare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property situated within said area, all in accordance with applicable Minneso- ta Statutes. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City'Clerk CITY OF MENDOTA HEIGHTS MEMO August 29, 1990 TO: Mayor, City Council and City Admini r FROM: James E. Danielsn Public Works Direc r SUBJECT: Lot 35, Willow Springs Addition Easement Vacation DISCUSSION: Dr. David Rischall, 610 Callahan Place has a larger than normal portion of his lot dedicated to the City for street right-of-way and slope easement purposes (see attached memo and drawing). Dr. Rischall appeared before Council at the August 7th meeting to request that Council release some of the land back to private ownership. He has recently sold the property and the new owners desire to have the land in their ownership (see attached letter from his attorney). At the August 7th meeting Council was informed that the City had acquired the land from the School District and that there were two types of City ownership involved, a portion is owned in fee title and a portion in easement. The portion that the City has fee title to can be trans- ferred back to the Rischalls by having the City execute a Quit Claim deed, the portion of slope easement needs to go through a public hearing process and be vacated. Council delayed action on the quit claim deed until tonight to allow Councilmembers time to visit the site and to consider both actions at the same time. At the August 7th meeting staff suggested that some fee be estab- lished for the excess right-of-way, $5,085 was suggested as a place to start. The Rischall's have made a counter offer of $2,000. RECOMMENDATION: Staff recommends that Council declare the 105' X 60' parcel owned i and the west 30 feet of the 70 foot slope easement be declared excess nd be returned to the Rischalls for their offered price of $2 00 TION REQUIRED: Conduct the required public hearing and then if Council desires to implement the staff recommendation they need to pass motions au- thorizing the Mayor and Clerk to execute the attached quit claim deed and adopt Resolution No. 90- , RESOLUTION APPROVING VACATION OF A CONSTRUCTION AND MAINTENANCE OF ROADWAY SLOPE EASEMENT. JED:dfw k1 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City FROM: James E. Danielson, Publi SUBJECT: Excess Right -of -Way on Lot 35, Willow Springs DISCUSSION• c Admini r Works D' Addition, Job No. August 3, 1990 8922 Dr. David Rischall owner of Lot 35, Willow Spring Addition is selling his home and the new purchaser's title company has identified an area of City owned property that comes close to their home (see attached drawing). The new purchasers desire to have any unneeded City property returned to the lot. The School District owned the lot in 1970 and dedicated the land in question to the City. The City's records on the transac- tion are minimal. It appears as if 40 feet of right-of-way was dedicated along the east property line for the possibility of extending Warrior Drive north to connect with Marie Avenue. . Staff suggests that this 40 feet should be retained. Another, approximately 60' X 105' portion, was retained at the northeast corner of the lot to allow for the possibility of making Callahan to be made into a cul-de-sac should the City not want to connect it to Warrior Drive. Staff does not feel that this cul-de-sac option is a likelihood and recommends that this portion of land could be returned to the landowner. There is also a 70 foot wide permanent slope easement along the east property line that can be vacated. Dr. Rischall has paid the easement vacation fee and staff is making the appropri- ate public announcements to hold a public hearing at the Septem- ber 4, 1990 City Council meeting. Staff has not discussed any compensation for returning this land to private ownership however the City recently purchased an easement from Dr. Rischall along his westerly property line to install sanitary sewer for the Warrior Pond development (see attached map). We paid.$1.50 per square foot for land outside the setback areas and $0.75 per square foot for land within. RECOMMENDATION•. Staff recommends that the cul-de-sac area highlighted on the map be declared excess and be returned to the landowner. The total area of land within setbacks is 6.780 sq. ft. X $0.75 = $5,085.00 a possible fee for return to landowner. ACTION REQUIRED: Review request with landowner then if Council desires to implement the staff recommendation they should pass a motion authorizing the Mayor and City Clerk to execute the attached quit claim deed on behalf of the City and determine if compensation should be paid. Form No. 32-M—QUIT CLAIM DEED Corporation or Partnership Minnesota Uniform Conveyancing Blanks No delinquent taxes and transfer entered; Certificate f Real Estate Value ( ) filed ( ) not required ertificate of Real Estate Value No. ,19 County Auditor by. STATE DEED TAX DUE HEREON: $ Miller -Davis Co. Date ,19 (reserved for recording data) FOR VALUABLE CONSIDERATION, a Mirinesota EMLciRg corQunder the laws of Ni rmesota , Grantor, hereby conveys and quitclaims to David Ri.schall and Flora Soumekh-Rischall husband and wite ,Grantees as joint tenants, real property in Dakota County, Minnesota, described as follows: All of Lot -35, Willow -Springs -Addition, except the East ' forty (40) feet according to the recorded plat thereof on fife and of record in the office of - the County Recorder, Dakota County# Minnesota. (if mate space ts needed, continue on back) together with all hereditaments and appurtenances belonging thereto. City'of Mendota Heights Affix Deed Tax Stamp Here BY Its Charles E. Mertensotto, Mayor Attested two byff Kathleen Swanson, City Clerk STATE OF MINNESOTA COUNTY OF The foregoing was acknowledged before me this day of by and the and of , a under the laws of , on behalf of the NOTARIAL STAMP OR SEAL (OR OTBES, TITLE OR RANK) RUNaAaTURE OF PERSON TAMNO ACSNOWLEDONENT Mascot W (inaiup wthe fn sad of OttntN =c this stsmnent dsouId THIS INSTRUMENT WAS DRAFTED ..:.: Apron.inv.g g9 Apron inv 937, t out OD � O to r c4o V' ir0 --- ---iso'--- --. 4"PVC inv. el. 931 CD, 1 a --1 m _ m 1 .� Z m CD a C Z -� -0 N I w - o � r yz o G C 4. ;:•:`: f < ::•:::ii CWJ1 a m •m1 i m • IN o, S �„ 40 �Ul (P NDN d r- /`0 o � r yz o G C 4. ;:•:`: f < ::•:::ii CWJ1 a m •m1 i m • IN o, BRENNER LAW FIRM, LTD. .7q 34ziiionat ef{iiocfnlEon BLN OFFICE PARK. SUITE 170 2001 KILLEBREW DRIVE MINNEAPOLIS. MINNESOTA 55425-1822 TELEPHONE: (612) 854-7600 TELECOPIER: (6121 854-0502 LOUIS W. BRENNER RICHARD A. GLASSMAN August 14 1990 KATHERINE M. BERGENTHAL' g I THOMAS J. BRINK MICHAEL J. ORME 'ALSO ADMITTED IN WISCONSIN Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: David Rischall - Lot 35 Willow Springs Addition Our File No. 5316-1 Dear Mr. Danielson: Our office represents David and Flora Soumekh-Rischall in 'regard to certain title problems that have been disclosed regarding Lot 35, Willow Springs Addition. At the present time, the Rischalls are attempting to sell their house and in reviewing the title records, it was disclosed to them for the first time that they do not own a portion of the property. Apparently a tract of land approximately 60 feet by 105 feet is in fact owned by the City of Mendota Heights. When the Rischalls purchased the home approximately five years ago, it was represented to them that they would be the owner of the entire lot 35. As has been evidenced by the title record, this has proved incorrect. For the past five years, the Rischalls have maintained the parcel owned by the City and have provided for its proper maintenance. At" this time, the Rishcalls are asking that the City deed the property to them so they can complete the transfer of title to their buyer. I have included a quit claim deed which has been approved by Dakota County Abstract. I believe the deed correctly describes the easement the city wants to retain. In the event the City does not agree to transfer title to the property, the Rischalls will be in a very difficult position. The buyer has made allegations that it was represented to him that the Rischalls owned the entire lot and this -is causing problems with the sale. By agreeing to transfer title to the Rischalls, the City will be in a position to receive revenue from the parcel because it will then be added to the tax rolls. In addition, if the City refuses to deed the Mr. Jim Danielson August 14, 1990 Page 2 property, it will then incur expenses in order to maintain the property. For the past five years the property has been maintained by the Rischalls. It is our position that the property is of little or no value in that it is unbuildable and unusable by anyone other than the owner of the balance of Lot 35. While we understand the City may be entitled to compensation, we believe that the $5,085.00 that the City has suggested to be unwarranted for the piece of land in question. In addition.to the other benefits outlined 'herein, we would propose as a compromise, to pay the City the sum of $2,000.00 which we believe to be more than a fair and reasonable price for the land in question. We also understand that there is no abstract of title for the parcel in question and we would agree to have one prepared at our expense if the offer is accepted. We look forward to your response and thank you for your cooperation. Vtruly yours, Richard A. Glassman RAG: amm cc: David Rischall Tom Hart Corporation or Partnership to Joint Tenants No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by STATE DEED TAX DUE HEREON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, City of Mendota Heights ,a Minnesota municipal corpunder the laws of Minnesota , Grantor, hereby conveys and quitclaims to David Rischall and Flora Soumekh—Rischall, husband and wife ,Grantees as joint tenants, real property in Dakota County, Minnesota, described as follows: All of Lot 35, Willow Spring except the following described parcel: Beginning at the Northeast corner of said Lot 35, thence South 0 degrees 34' West 312.0 feet, along the East line of said Lot 35, thence North 88 degrees 50' West 40.0 feet along the South line of said Lot 35, thence North 0 degrees 34' East to a point on the Northerly Lot line, thence Northeasterly to the Northeast corner and there terminating. Excepting and reserving all easements of record. Iif more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. City of Mendota Heights AEfLe Deed Tax Stamp Here By Its Charles E. Mertensotto,Mayor = Kathleen Swanson, City Clerk STATE OF MINNESOTA COUNTY OF I ss The foregoing was acknowledged before me this day of 119 , by and , the and of , a under the laws of , on behalf of the NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tu Statements for the real property described in this Instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME ANDADDRESS):I City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90 - RESOLUTION APPROVING VACATION OF A CONSTRUCTION AND MAINTENANCE OF ROADWAY SLOPE EASEMENT WHEREAS, the City of Mendota Heights is the current record owner of a construction and maintenance of roadway slope easement as described as follows; and The West thirty (30) feet of the East seventy (70) feet of Lot 35, Willow Springs Addition. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hear- ing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on September 4, 1990, at 7:45 o'clock P.M. or as soon as possible thereafter at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interest- ed in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the slope easement described above, sit uated-in the City of Mendota Heights, is in the best inter- est of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described slope easement be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of com pletion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 1990. ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By. Charles E. Mertensotto, Mayor A CITY OF MENDOTA HEIGHTS MEMO August 29, 1990 TO: Mayor, City Council and City AdminLsV a o FROM: James E. Daniels Public Works Dirreitior SUBJECT: Conspec - MISal Use Permit DISCUSSION: A public hearing to consider a request from MIST was continued from the August 7th City Council meeting to allow time for MIST to work on some problems with their financing. MIST still has not been able to secure financing and asks that the matter be continued to January 15, 1991. ACTION REQUIRED: If Council desires to implement the Developer's request they should pass a motion continuing the public hearing until 8:00 P.M., January 15, 1991. JED:dfw CITY OF MENDOTA HEIGHTS F��v9 August 29, 1990 TO: Mayor, City Council and City Admini4s or FROM: James E. Danielson, Public Works Die r SUBJECT: CASE NO. 90-30: Mateyka - Wetlands Permit DISCUSSION At their August meeting, the Planning Commission considered an application from Mr. Paul Mateyka for a Wetlands Permit -to construct a new house with thirty four feet (341) of Spring Creek (see attached staff memos). The proposed house is shown to be constructed at the established front yard setback of fifty nine feet (591). The Planning Commission felt that they would rather grant a ten foot (101) front yard setback variance and have the home moved ten feet (101) further away from the creek. RECOMMENDATION The Planning Commission voted unanimously to grant a ten foot (101) front yard setback variance, waive the request for a public hearing and grant a Wetlands Permit to allow a fifty six foot (56' ) encroachment on the 100 setback request to a Wetlands Permit subject to the applicant obtain written concurrence from his neighbor.:: to the east. ACTION REQUIRED If Council desires to implement the Planning Commission recommendation they should pass a motion granting a ten foot (101) front yard setback variance, waiving the request for a public hearing and granting a Wetlands Permit allowing a forty four foot (441) setback from Spring Creek for Lot 4, Block 1, Spring Creek Acres. JED:kkb F r� CITY OF MENDOTA HEIGHTS Mui:iu[�7 August 23, 1990 TO: Planning Commission FROM: James E. Danielson, Public Work D I SUBJECT: CASE NO. 90-30: Mateyka - Wetlan DISCUSSION Mr. Paul Mateyka, Sr. was before the Planning Commission at their July meeting and presented a request for a Wetlands Permit to construct a new home on Lot 4, Block 1, Spring Creek Acres. The Planning Commission had some concern about his proposal and tabled the request to this meeting to allow him time for him to make adjustments to his site plan addressing the concerns. Mr. Mateyka has made the following adjustments. 1. Prepared a more accurate site plan and contours. 2. Lowered his house two feet, lessening the slope on his driveway, requiring less fill in the front yard thus saving some small oaks and requiring little or no fill in the back yard to preserve the natural vegetation around the creek. 3. Moved the home four feet closer to Marie Avenue, preserving the 12" Oak tree located at the southwest corner of the home. 4. Located the five Oak trees on the property and shown a tree line where the brush and non significant (Boxelders, Cottonwood) type trees exist. This site plan presents a significant improvement over the original one presented. ACTION REQUIRED Meet with the applicant, consider waiving the public hearing and make a recommendation to the City Council on the Wetlands Permit request. JED:kkb t PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: 28 August 1990 90-30 Paul Mateyka, Sr. Lot 4, Block 1, Spring Creek Acres Subdivision Wetlands Permit PLANNING CONSIDERATIONS: r 1. This item was tabled at the last Planning Commission meeting due to insufficient information. The applicant has submitted a new survey which appears to reflect, more accurately, the existing and proposed contours on the property. In addition, the outline of the approximate edge of the existing vegetation has been added to the drawing. The location and dimension of the proposed house and driveway have not been significantly altered. The applicant is requesting a permit to build a single family home within 34 feet of a designated wetland. 2. The subject property is unique in that it is subject to two substantial setback standards which make development on the site impossible without a Wetlands Permit or a variance, or both. The rear yard abuts a designated wetland, which requires a 100 foot setback. The required setback for the front yard is increased due to the location of the house on the adjacent lot to the east in accordance with Section 4.6(4)b in the ordinance. This section states, "that whenever buildings have been built on one side of a street between two intersections, no building shall hereafter be erected to extend beyond a line drawn between the forward most portion of the nearest building on each side". In this case the setback from the structure on the lot to the west would not be used to determine the setback for the proposed structure. The reason for this is that the lot to the west is a large through lot which ' fronts on Valley Curve Road and the structure on it is located well back from Marie Avenue. Utilizing the method outlined in section 4.6(4)b would result in a setback which would encompass almost the entire subject property. In such instances we would consider only the setback of the structure on the adjacent lot to the east which is 59 feet. 3. The applicant is proposing to respect the 59 foot setback. The result is that his home and deck will encroach 66 feet into the wetland setback. The criteria for consideration of a wetlands permit are outlined in Section 7 of the wetland systems ordinance. Number 14 of these criteria states that,"removal of vegetation within the "W" district but outside the wetland shall be limited to that reasonably required for the placement of structures and the use of property". The proposed location of the house on this property as indicated on the site plan would result in significant loss of vegetation particularly near the creek. It seems reasonable that the structure could be moved 20 to 25 feet to the north thereby preserving the natural environment adjacent - to the creek while still retaining the oak trees located on the north side of the lot. It i` Paul Mateyka, Sr., Case No. 90-30 Page 2 4. Shifting the house to the north would result in the need for a variance to the front yard setback requirement in addition to a wetlands permit. When considering such variances we typically look at the general character of the surrounding neighborhood and the setbacks of the other homes on the street. In the area of the subject property setbacks vary. Several of the homes on the south side of Marie Avenue, including the home directly east of the subject property, are setback further than the 30 foot standard required in the ordinance. However, many homes in this neighborhood, including all of the homes directly across the street from the subject property to the north, are built at or near the 30 foot standard. If the house on the subject property were shifted to the north 20 feet it would still be setback 40 feet from the front lot line. 5. We believe that preserving the environment adjacent to the creek is more important and should take precedence over the front yard setback. Particularly since this setback is in excess of the 30 foot standard which is commonly found in the surrounding neighborhood. In addition, a setback greater than 30 feet could still be achieved on this lot even if the structure were moved 20 feet closer to Marie Avenue. Since Marie Avenue is a thoroughfare it is reasonable to maintain a setback greater than 30 feet. It's clear from the site plan provided by. the applicant that moving the house 20 feet north would place it in an area of the site where there is an existing clearing. Moving the structure 20 feet would not significantly affect grading other than creating the advantage of shifting grading activity away from the creek. This would reduce the potential of soil erosion entering the creek during construction. • • i J Z • • • • NORTH SCALE: V=200' SUBJECT PROPERTY b---. -i • ®W • • MAGER C T. • • I A.t c W W _.. :�r t • GC � C MAGER C T. • • I A.t c W W ;7-3-4- 3 JECT - ►PERTY 'H E: 1"=100' 1.3 9 t C 219 O O Z c 301 >: 108,39 s 1 L. i1 -- -2 1 � j o Q 5 �G p N ! 0h `L 10 0 1 m to Cj� C � _ P� 110,74 - - 96.23 p f SPRING CREEK s� s CjRC`E to o� b B7o a 14.9'S' 1 r) C ar !r' � iv,,63 � Dtit 1'9.78 M60. 27 P�-P� 221.14 U 1 � y 0 i o • N 1 82 44 g I. 2 0 16 5.78 - p - -T m LA - i �M 8 . , 3 9 2 CITY OF MENDOTA HEIGHTS MEMO July 19, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Dirc Kevin Batchelder, Administrative Assi SUBJECT: CASE NO. 90-30: Mateyka - Wetlands Permit DISCUSSION Mr. Paul Mateyka, Sr., wishes to build a home on Lot 4; Block 1, Spring Creek Acres. This home is on Marie Avenue and is the fourth lot on the south side of the road west of Dodd .Road. Mr. Mateyka shows his proposed front yard setback to be sixty-three feet (631) from the property. The existing setback of his immediate neighbor is fifty nine feet (591). Upon review of the site plan, staff finds there are some inaccuracies with the proposed contours as drawn. It appears the contours on the driveway are correct and indicate approximately a 4 percent slope. In order to help minimize grading, staff would suggest a maximum of 2 percent slope on the driveway. There are two significant Oak trees on the site, one located at the northwest corner of the house and one at the southwest corner of the house. It appears impossible to save the one at the northwest corner, however, moving the house forward towards Marie Avenue could allow saving the one at the southwest corner of the house. Moving the house forward would also help minimize the amount of grading required and would further protect the creek. The house immediately to the east has an existing setback of fifty nine feet (591). Staff suggests the Planning Commission consider a variance to the established setback in order to allow the house to be moved forward, the grading to be minimized and the Wetlands setback to be maximized. ACTION REQUIRED Meet with. the applicant and consider waiving the public hearing. Make a recommendation to the City Council on the Wetlands Permit request. l PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 24 July 1990 90-30 Paul Mateyka, Sr. Lot 4, Block 1 Spring Creek Acres Subdivision Wetlands Permit 1. The applicant is requesting a variance from the 100 foot wetland setback in order to construct a single family home on lot 4 of the Spring Creek Acres Subdivision. The lot is heavily wooded and generally slopes to the south west toward the creek which is located at the back of the property. 2. Due to this application being submitted late, I was unable to view the site and had to rely on the applicants survey drawing in preparing this report. Unfortunately, the survey drawing submitted by the applicant is not adequate for us to do a meaningful review. The existing spot elevations on the drawing do not correspond to the contours shown as representing the existing topography. The discrepancies vary from 2 to 4 feet. We can only speculate that the surveyor was using a different datum for the proposed contours than the existing. As a result we can not determine any of the crucial factors regarding grading on the site. In addition, there are contours missing from the plan and none of the vegetation is shown. When staff met with the applicant, we requested that he show the trees on the property in order to determine which ones he would be saving by locating his house as shown. 3. Basically, the applicant is proposing to locate his house toward the back of the lot in order to respect the front yard setback established by the house on the lot adjacent to the subject property on the east. This is in accordance with Section 4.6(4)b in the ordinance. As a result the proposed house would be located approximately 42 feet from the creek as shown on the survey. The deck shown on the drawing measures 40 feet from the creek. Since a deck is considered a structure, The setback must be measured to the deck and not to the house. 4. Its clear that in order to develop this lot for its intended use a variance will be necessary. However, the information submitted by the applicant in no way establishes definitively that the location of the house as proposed is the best solution. We would prefer to see the structure located out to the 30 foot setback line from Marie Avenue in order preserve as much of the natural environment adjacent to the creek as possible. However, without good information regarding grading, and the location, size, and species of the trees on the property, its impossible to determine what the best solution is. • 1 � t Z �, • • • t NORTH N - ---T- t SCALE: 1"=200' • • • • SUBJECT • _. _� PROPERTY • • GC • • c s • MAGER • C T• ® • - f • ® n LrC ct C v w kt c F3--4-.3 JECT - �PERTY H E: V=100' 0 m 30� `• t r. 108.39 s. 2� ,n I Q 5 AG r 100 1 „� P� i j().7 4 96.23 a r SPRING CREEK lto .�- N O 8� !. ` i x,.63 ,,� _OE_�"-q 7 :60.27.14 O P�-P� 221 1 � y A K'a . ai CD r — co N 82 44 81.20 163.78 M .RT C_ Applicant Name: Address: 17.5 0 City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST (Last) Owner Name: A11-4-11 VA- 61 J Y Address: 1'gwtl �/I "� (Number & Street) Case No. ui U._ �s Date of Application 7- /(a — i Fee Paid 7 I& qo pal/i W6t_11;'b1 (First) (Nin &"d Osul l/ (City) (State) (Zip) (First) (City) c Street Location of Property in Question: /�/e 4- P-0 d, /rt�. Legal Description of Property: Type of Request: (Zip) Rezoning Variance Conditional Use Permit Subdivision Approval Conditional Use Permit for P.U.D. 'K Wetlands Permit Plan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number Section Ll G Present Zoning of Property 9::.t Present Use VA <,;-A r i Proposed Zoning of Property - t Proposed Use , %( b AM5 I hereby declare that all statements made in this request and on e a 'o material are true. G (Sign tureA Applicant) � 7 1t-�) (Date) (Received by - Title) 6 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 City o� .�... Mendota Heights August 31, 1990 Mr. Paul Mateyka, Sr. 1380 Bidwell #202 West St. Paul, MN 55118 Dear Mr. Mateyka: Your application for a��(;�`] ��( will be considered by the City Council at their next regularly l�scheduled meeting, which will be held on Tuesday, � 4, t lq '1 The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended +0 V_ f_ CaM-1_+0_ wed- Pte. r rn r� c��lo�,J :�j�-�.�o..��i If you have any ques&n1' s, please feel free to contact me. wnC re �t(Q r 5 O' h. . Sincerely, hAb g K� Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • Mendota► Heights, MN • 55118 452.1850 CITY OF MENDOTA HEIGHTS MEMO August 31, 1990 TO: Mayor, City Council, City Admini9�3� FROM: Klayton H. Eckles Civil Engineer SUBJECT: Feasibility Report for Mendota Hts. Rd. MSA project INTRODUCTION Every year the city recieves money from the State in the form of Municipal State Aid for the construction of MSA streets. The city is only allowed to accumulate MSA money up to a certain level, and then the state reduces the assistance until the city expends some of its funds. Mendota Heights has accumulated MSA funds to the maximum level. Therefore if we wish to continue receiving state funds, we need to proceed with a MSA project in 1991. DISCUSSION Originally it was proposed that Wagon Wheel Trail be upgraded to MSA standards, but it was cancelled because of neighborhood opposition. The only other possible MSA street which could be upgraded at this time is Mendota Heights Road, from Dodd Road to 35E. This stretch of road is currently a rural design. The existing road is not in a state of decay, but a restoration project would be necessary in the next few years. Therefore it would not be unreasonable to upgrade this segment in 1991. A feasibility report could be completed this fall, plans this winter, and the project could be completed in 1991. The final design would be a 52' wide collector street similar to the segment between 35E and T.H. 55. RECOMMENDATION Staff recommends Council order Staff to begin preparation of a feasibility report on the improvement of Mendota Heights Road from Dodd Road to 35E. ACTION REQUIRED If Council concurs with Staff's recommendation, Council should pass Resolution 90- , RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IMPROVEMENT OF MENDOTA HEIGHTS ROAD AND SANITARY SEWER, WATER AND STORM SEWER SERVICE TO ADJOINING AREAS. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90 - RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IMPROVEMENT OF MENDOTA HEIGHTS ROAD AND SANITARY SEWER, WATER AND STORM SEWER SERVICE TO ADJOINING AREAS WHEREAS, the City Council is requesting sanitary sewer, storm sewer, water and street improvements to serve the areas adjacent to Mendota Heights Road, west of Dodd Road and east of Interstate Highway 35E. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the City Engineer be and is hereby authorized and directed to prepare a feasibility study as to whether said proposed improvements are feasible, whether said improvements should best be made as proposed or in connection with some other improvement, and as to the estimated cost of said improvement. Adopted by the City Council of the City of Mendota Heights this 4th day of September, 1990. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor `t. CITY OF MENDOTA HEIGHTS MEMO August 31, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Admini 4kt—L SUBJECT: Cable Television Narrowcasting INTRODUCTION Recently the City was contacted by the Northern Dakota County Cable Communications Commission (NDC -4) regarding the issue of cable television narrowcasting. Continental Cablevision, our cable television provider, is obligated to provide narrowcasting capabilities as part of its franchise with NDC -4. It is now apparent that Continental failed to design the cable system with this capability. NDC -4 is interested in learning the wishes of its member cities regarding this issue. DISCUSSION Attached for your information please find various documents related to the narrowcasting issue. These documents include the following: 1. NDC -4 correspondence dated July 20, 1990. 2. Technical committee report dated May 30 ,1990. 3. Minutes of Mayor's/Administrator's meeting held August 7, 1990. 4. Correspondence from Continental Cablevision dated August 14, 1990. Based on the recommendations of the technical review committee and the Mayor's/Administrator's meeting, it does not appear that the addition of narrowcasting capability to our system is imperative at this time. It has been suggested that a survey of the cable subscribers be undertaken to determine if the addition of narrowcasting is a high priority amongst the viewers. Should it be conclusively determined that the addition of narrowcasting is not mandated at this time, the member cities concur that Continental should not be allowed to deviate from the franchise ordinance without the provision of fair compensation to the member cities. The above findings are outlined in the attached resolution for your consideration. IA f ACTION REQUIRED Should the Council concur with the actions outlined above, a motion adopting the attached resolution addressing narrowcasting requirements as part of the cable television franchise ordinance would be in order. MTL:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90- A RESOLUTION ON NARROWCASTING REQUIREMENTS IN THE CABLE TELEVISION FRANCHISE ORDINANCE WHEREAS, The City of Mendota Heights has entered into a Joint Powers Agreement with the cities of West St. Paul, South St. Paul and Inver Grove Heights to form the Northern Dakota County Cable Communications Commission, said commission referred to as NDC4; and WHEREAS, Continental Cablevision has the franchise for cable television services under the Cable Television Franchise Ordinance adopted by NDC4; and WHEREAS, Section 5.01(E) of the Cable Television Franchise Ordinance requires geographic narrowcasting capability in the system design; and WHEREAS, upon completion of construction of the cable system in Northern Dakota County a technical audit revealed the required geographic narrowcasting capability was not built as proposed in the Franchise Ordinance; and WHEREAS, the Technical Committee of NDC4 has reviewed this issue and determined that it would cost between $452,000 and $628,000 to retroactively construct narrowcasting capability; and WHEREAS, NDC4 has chosen to solicit comments from its member cities regarding the appropriate resolution of this issue, and recently convened a meeting of Mayors and City Administrators of the member cities; and WHEREAS, the Mayors and Administrators agreed to the following, said agreements being 1) that a survey be conducted of subscribers to determine the value of narrowcasting within the community, and 2) that the cost of rebuilding the system as originally proposed is not feasible, and 3) that Continental Cablevision be held accountable for deviating from the Franchise Ordinance. 'NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Mendota Heights that the City concurs with the -above said agreements, and BE IT FURTHER RESOLVED that NDC4 commission a survey of sub- scribers as to the value of narrowcasting within the community, and BE IT FURTHER RESOLVED that should the survey reveal that narrowcasting is of low community priority at this time, that NDC4 negotiate with Continental Cablevision to postpone the addition of the narrowcasting capability to the system at a reasonable cost settlement commensurate with the savings realized by Continental Cablevision. Adopted by the City Council of the City of Mendota Heights this fourth day of September, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk 4 NCIZTHERN CAKCTA CCUNT'f CABLE COMMUNICATIONS CCMMO CN 1535 Livingston, Suite '101 West St. Paui, minnescrc 55- "8 ;12/450-0891 July 20, 1990 The Honorable Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55120 Dear Mr. Mayor: This letter is to inform you of the status of a technical issue that is before the Northern Dakota County Cable Communications Commission (NDC4). The issue is called "narrowcasting" and deals with 'the difference between the way Continental Cablevision proposed the cable system in Northern Dakota County and the way the system was actually constructed. In Section 5.01(E) of the Cable Television Franchise Ordinance, the system design is described as having: Geographic narrowcasting capability so that the cities of Inver Grove Heights, Mendota Heights, South St. Paul and West St. Paul can reach their distinct publics at all times with information displays unique to their cities, and that cities of Lilydale, Mendota and Sunfish Lake can be included with other cities as set forth in Grantee's offering. The Commission discovered this discrepancy in 1987 when it hired the engineering firm of Columbia Engineering to conduct a technical audit when construction of the system was completed. The Commission granted a timing variance to Continental on this issue which has allowed Continental to be in compliance with the Ordinance. The variance currently in effect will expire in January 1991. During the past year, a Technical Committee appointed by the Commission reviewed this issue, along with five other issues; a copy of their report is enclosed. Columbia Engineering was again contracted to conduct an analysis of how much it would cost to correct this situation; Continental was also asked to provide oossible solutions and associated costs to remedy this situation; a copy of this report is also enclosed. Although narrowcasting is a complex technical issue, I will attempt to describe it in simple terms from the point of view of a citizen watching his/her television at home. First of all, for purposes of this description, consider the word "master" to mean that everyone in all seven cities is viewing the same program on Government Channel 18 at the same time. Consider "local" to mean that I am watching programming that is seen only by residents in my community, while residents in the other six cities are watching -,. different program, all on Channel 18. The Honorable Charles Mertensotto July 20, 1990 Page 2 With narrowcasting, it would be possible for residents in West St. Paul to view their live council meeting, while residents in Inver Grove Heights could simultaneously watch their own live council meeting. Programming for the other five communities could be routed so that they could be watching either the West St. Paul or the Inver Grove Heights live meeting, or they could be watching an entirely different program, such as a taped playback on fire safety (this can be done only on a city -by -city basis and is not a choice the individual can make at home). As another example, the system could be routed to "master" during the daytime or non -meeting nights and allow everyone to see the same programming at the same time, which is the situation that currently exists. This would allow citizens to view taped playback of neighboring city council meetings as they do now. I hope these examples have served to clarify the concept of narrowcasting. The estimated cost to bring the system construction to specification is $452,000 - $628,000. The Commission basically has three choices: 1. To require Continental to correct the situation and reconstruct parts of the cable system to achieve narrowcasting; 2. To accept the current construction as it exists, which would require an Ordinance amendment by our member cities; or 3. To continue the grant of a timing variance through the end of the Franchise. The Commission is seeking the input of its member cities on this issue. Chair Ken Henderson and I would like to meet with you and your city administrator to discuss your viewpoints at a breakfast meeting on Tuesday, August 7th. Please call the Commission office at 450-9891 by July 31st to confirm your availability on that date. If the majority of our mayors and/or city administrators can attend, I will contact you regarding the specific time and location of the meeting. If you have any questions or would like to further discuss this issue in the meantime, please feel free to call me. Sincerely, Holly Hansen Executive Director /j Encs. cc: Tom Lawell John Hartmann Ron Rogosheske NDC4 TECHNICAL COMMITTEE REPORT AND RECOMMENDATIONS TO NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION (NDC4) May 30, 1990 Issues: I -Net Narrowcasting High Speed Data Transmission Interconnection with Surrounding Systems Interactive Services Channel Capacity o During the course of the last year, NDC4 commissioned studies on the I - Net (a needs assessment), and Narrowcasting (technical feasibility and cost). o I -Net - In Continental Cablevision's proposal it was stated that an I -Net would be constructed in Year 5 if the Commission, in its sole discretion, determines an I -Net is needed based on institutional needs and business uses, needs and other factors it deems relevant at the time (stated in Section 5.01 of the Franchise Ordinance). The primary users of this separate I -Net would include schools, city and county government offices, libraries, and businesses. The I -Net would allow for interactive communication of voice, video, and data among these users. Continental Cablevision estimates construction costs at $713,000 in the original pro formas. To determine the interest level and needs of the potential users of an I -Net, the Commission hired consultant Victoria Long to conduct a series of interviews during November and December and prepare a report on her findings (copy enclosed). It was generally found that the schools, as expected, had the highest level of interest but had not committed funds towards equipment, program development, and staff time that would be required to program the system. The schools have indicated that they are interested in developing a resource such as the I -Net as future methods of education unfold in the 1990's and beyond. A meeting was held in February, at the request of the public and private schools in the NOC cable service territory, to discuss interactive video classrooms and potential uses and applications of an I -Net. Representatives from the schools, NDC4, and Continental Cablevision were present at this meeting. As strong interest in an I -Net was evidenced at this meeting, a follow-up survey (sample enclosed) was conducted by NDC4 to determine what resources (staff, equipment) the schools could commit to programming over the I - net. The deadline for returning this survey was established as May 1, 1990. The responses received from the follow-up survey indicated that they are not ready to commit to a specific use or timetable at this time, and wish to teview this as an option in the future. The following describes the current situation: - The schools in the Northern Dakota County service territory have a definite interest in providing education using interactive video. - The schools need assistance from both the Commission and Continental Cablevision in learning to use the video medium and the technology of the cable system for interactive instruction. - The schools will need to commit funds to develop programming for an I -Net. - As schools use video in the classroom, it is anticipated that their use and need of this method will grow. Options: Continental Cablevision should evidence its commitment to education by providing financial and technical assistance for the development of programming by institutional users over the subscriber network. - The Technical Committee recommends that the Commission not require Continental Cablevision to construct a separate I -Net at this time as the programming of the potential users of this I -Net has not evolved to a point that warrants the I -Net construction now. It is anticipated that the needs of potential I -Net users will change and grow over the course of time and, therefore, the Technical Committee recommends an ordinance amendment or a timing variance (method to be advised by NDC4's legal counsel) on the construction of a separate I -Net until the time of franchise renewal or system sale. - The Technical Committee recommends that the Commission reserve the right to require construction of a separate Institutional Network at its sole discretion, upon franchise renewal or system sale, pursuant to Section 5.01 of the Franchise Ordinance. - The Technical Committee recommends that the Commission insure the cooperation of Continental with institutional users to make the 24 MHz upstream capacity of the subscriber network available for scheduled use by institutional users. o Narrowcasting - In Continental Cablevision's proposal the system design promised to deliver narrowcasting which would enable viewers in each of four areas within the Northern Dakota Countv cable service territory to simultaneously view their respective government channels using the same channel number. This requirement is stated in the Franchise Ordinance in Section 5.01. Important features of narrowcasting include the ability of a city to reach its citizenry 2 exclusively, and of the citizenry's ability to watch live coverage of city council meetings without the current live coverage conflict that now exists among the cities when more than one event is being covered at a given time. The system was not built as proposed, and in order to correct this situation, a system rebuild costing an estimated $452,000 to $628,700 would be necessary. A technical evaluation was performed by Columbia Engineering. The responsibility to correct this situation lies fully with Continental Cablevision. A timing variance has been granted to Continental by NDC4 to allow the Technical Committee time to address this issue and make a recommendation to NDC4. The current timing variance expires in July 1990. Options: - The Technical Committee recommends an ordinance amendment on the narrowcasting provision of the system design until the time of franchise renewal, system sale, or system rebuild. - That the Commission reserve the right to require narrowcasting at its sole discretion, upon franchise renewal, system sale, or system rebuild pursuant to Section 5.01 of the Franchise Ordinance. - That Continental be found in non-compliance for deviating from the original system design without Commission approval. - That Continental be required to build the system as proposed. o High Speed Data Transmission - In Continental Cablevision's proposal it was stated that Continental would provide equipment at the head -end to accommodate high speed data "transmission over the subscriber network. Technically what is required to fulfill this requirement is the installation of a modem at the head -end, which is not a significant cost. Subscribers wishing to use this service would also need a modem; Continental could charge subscribers for their modems but not for use time. Commercial customers could be charged for transmission time. A current timing variance on High Speed Data Transmission is in effect until March 1991. Recommendation: The Technical Committee feels that there is no present need and no anticipated future need for this service due to the geographic limitations of the cable service territory and the superior quality of fiber optics which is the transmission medium best serving high speed data uses. Therefore, it is recommended that this requirement be granted a timing variance and be reviewed every three years, based on need. 3 o Interconnection With Surrounding Systems - Section 5.04 of the Franchise Ordinance states that, "Grantee shall interconnect the System with other Minnesota cable systems in accordance with Board rules and Grantee's Offering. Grantee shall act in concert with other metropolitan area cable systems to interconnect with such cable systems. Grantee shall, without limitation, initially provide three channels of broadcast grade FM microwave in each direction, allowing baseband input to Grantee's switching system as well as any interconnected recipient systems. Grantee shall provide expanded capacity for interconnection on an equitable cost -share basis with other affected systems as the need arises, in the sole determination of Commission." A timing variance is in effect until July 1991 on the three channels of broadcast grade FM microwave. As originally conceived, this is regional in nature and currently there is no regional entity interested in facilitating or using interconnection. Recommendation: The Technical Committee recommends that the Commission review the status of this issue prior to the expiration of the variance in July 1991. If there is no change in this situation at that time, an extension of the timing variance would be in order, with a review every three years, based on need. o Interactive Services - Section 5.01 of the Franchise Ordinance requires subscriber equipment, head -end equipment, and a distribution system that will enable signals to pass upstream and downstream simultaneously throughout the system for purposes of providing interactive services and computer communications. The head -end equipment and distribution system are capable of being interactive, although the subscriber equipment (converters) are not interactive capable at this time. There has been no demonstrated consumer demand for this capability to date. No variance has been requested or granted; however, it is felt that this requirement should be continued pending a request from Continental for a timing variance. Recommendation: The Technical Committee recommends that Continental apply for a timing variance with respect to the provision of interactive services. If Continental applies for a variance, the Technical Committee recommends the Commission grant a timing variance of three years to be reviewed every three years, based on need. 4 o Channel Capacity - Section 5.01 of the Franchise Ordinance requires a subscriber network with the capacity of 62 downstream and 4 upstream video equivalent channels. The system was constructed with this capacity; upstream playback capability had been of particular concern. The upstream channels using AM modulation would occupy 24 Mhz and four channels can operate simultaneously carrying video and audio information; these are identified in the head -end as T7, T8, T9, and T10. There is a total of 25 Mhz available upstream. With 24 Mhz reserved for the channels mentioned, this leaves 1 Mhz available for data; 200 Khz is currently being used for system monitoring which leaves 800 Khz available for other data purposes. Recommendation: Continental has provided the channel capacity required and is in full compliance on this issue. No action is necessary. Summary: The Technical Committee has reviewed the issues it was charged with and has presented options and recommendations to the Commission based on studies that have been conducted over the course of the last year and the technical expertise of the Committee members. The Commission must decide how to proceed from this point, and give consideration to the enforcement of the Franchise Ordinance and the legal and financial implications raised in this report. 5 Continental Cablevision Dick Behr Kelly Booth Fran Zeuli 60 East Marie Street West St. Paul, MN 55118 Phone: (W) 457-1465 Ken Henderson 9900 Alaureate Court Inver Grove Heights, MN Phone: (W) 451-1817 (H) 457-7762 Dick Jackson 1292 Ohio Street West St. Paul, MN 55118 Phone: (W) 736-6042 (H) 451-0414 TECHNICAL COMMITTEE Tim Kane 1282 Stryker West St. Paul, MN 55118 Phone: (H) 455-1952 (W) 298-5095 Paul Tatone 1550 East 79th Street Suite #665 Bloomington, MN 55425 55077 Phone: (W) 854-8846 MEETING WITH CITY MAYORS/ADMINISTRATORS Tuesday, August 7, 1990 A letter was sent by NDC4 on July 20 to the mayors of each of the cities in the Northern Dakota County service area inviting them and their city administrator/clerk to participate in a breakfast meeting. A copy of the letter was sent to each respective city administrator/clerk and the NDC4 citizen and city representative. The purpose of the meeting was to inform the participants of the options identified in the Technical Committee's Report and to receive input from the cities on what they would like to do regarding the same. Those attending the meeting included: Inver Grove Heights - Robert Schaefer, City Administrator; Mendota Heights - Mayor Charles Mertensotto and Tom Lawell, City Administrator; South St. Paul - Councilman John Lagoo; West St. Paul - Mayor Michael Bisanz and Dianne Latuff, City Clerk. Others in attendance were NDC4 Chair, Ken Henderson, NDC4 Executive Director, Holly Hansen, and NDC4 Administrative Assistant, Joy Kromschroeder. Ken Henderson welcomed the group and briefly reviewed the purpose in calling the meeting. Holly Hansen provided a summary of activities involved in building the cable system and the findings of the Technical Committee, particularly with respect to the narrowcasting issue and the options available to resolve this issue. She further explained how narrowcasting could work if it were available. Following are highlights from the informal discussion which ensued: o It was agreed by all that a survey should be taken to learn what the people who watch cable want in services (i.e., does it make a difference if meetings are live or played back; would they want live programming of their respective city meetings if it meant an increase in rates; what do cable subscribers watch or want to watch). Money for a comprehensive survey has been budgeted in the 1991 NDC4 budget which would cover all of the points mentioned plus more. The viewership survey conducted by Continental in 1989 is no longer current. Cities might include a survey form in their regular city mailings such as water bills. o All seemed to agree that to adhere to the Franchise Ordinance and require Continental to rebuild the system as originally proposed would be far too costly. However, it was suggested that Continental should be held accountable for deviating from the Franchise Ordinance. o All seemed to agree that if city councils were asked which alternative to pursue, the most likely response would be to rebuild. o It was suggested by one of the city officials that Continental pay an amount of money .(possibly over time) for not building the system as proposed. Monies could be used for cable -related purposes, and cities could share in any financial considerations. Those present were asked to give these matters further consideration. Ken Henderson thanked the group for coming and the meeting ended at 9:15 a.m. August 14, 1990 Mr. Ken Henderson Chairman NDC Cable Commission 1535 Livingston Suite 101 West St. Paul, MN 55118 Dear Ken: Continental Cablevision of Northern Dakota County, Inc. The purpose of this letter is to reiterate- our disappointment that we were not invited to attend your August 7 meeting with Northern Dakota Mayors and Administrators. I believe that since the issue of narrowcasting affects not only Continental Cablevision but also the City Officials of Northern Dakota County and their constituents, that our attendance would have been beneficial. Perhaps in view of your meeting, you and those who attended may have use for the following; points we would liked to have made were we afforded the opportunity. 1. Historical We wish we had built our system as designed in the original bid, making this narrowcasting controversy a non -issue. Unfortunately, we were not aware of the technical changes made in the system until it was too late to change. Please note, though, that the system we constructed in Northern Dakota County is unarguably one of the best built and technically sound systems in the country, and narrowcasting has not been of interest to our subscribers in our five years of operation. 2. Technical Narrowcasting is a complicated issue: .There are several. variations . of. narrowcasting that are possible and quite feasible under our present system design. We thought had we been in attendance at your meeting that we could clarify any technical questions that arose and shed some light on the possibilities that presently exist. It is important to note that narrowcasting is possible with the current system design. 3. Financial As we have said on many occasions, the impact of a $600,000 expenditure (the cost to implement narrowcasting via redesigning much of our cable system) on our company would be severe. We would have no other choice but to pass such costs on to our customers in the form of a hefty rate increase. An action we would have to share the responsibility for. With continually rising national programming costs and our continued commitment to quality local programming, it is difficult enough to keep customer rates down without such a radical, and as we strongly feel, unnecessary expense as narrowcasting. Again, I would like to point out that narrowcasting can be accomplished via our current system design. 60 East Marie Avenue • West St. Paul, Minnesota 55118 • Telephone (612) 457-1540 Ken Henderson August 14, 1990 Page Two 4. Comparative ` While narrowcasting may seem a desirable option at times, of all the cable systems in the country, particularly sophisticated urban systems franchised in the 1980's, most of which were able to offer narrowcasting, virtually none narrowcast today. It is a feature that sounded good but lacks practical application. Your statement that city officials in attendance may have negative things to say about our company, and that our presence would have restricted their openness was surprising and, I hope was not borne out. We work hard to ensure our relationship with the cities we serve is quite sound and we are quite proud of this. Our superior treatment of customers, our prompt resolution of problems brought to our attention and our commitment to area schools, chambers and charities speaks for itself. I do understand the desire for closed door meeting from time to time, but this has been an issue studied, discussed and examined in a public forum for over a year. The desire to close the doors at a key juncture with key officials is puzzling. I would also like to let you know we will soon be surveying a sampling of our 14,000 Northern Dakota County subscribers and soliciting their input and comments on both local access programming and the issue of narrowcasting and whether they would be in favor of a cable rate increase related to the costs of narrowcasting. I think the results will help shed some light on this subject, and some others, from a constituent or subscriber perspective. This will help public officials and ourselves appreciate how subscribers feel about these issues. Sincerely, 12-4c,k( Randall Coleman Vice President and District Manager RCrhm cc: NDC Mayors NDC City Administrators CITY OF MENDOTA HEIGHTS MEMO August 31, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Park Improvement Update - GMH Asphalt Corporation At the beginning of the summer, the City embarked upon an ambitious and substantial park improvement program. As we wind down towards Labor Day, a summary of our status on each of the major projects is probably warranted. As Council may recall, we currently have three major contracts underway. The first two contracts address general park/trail way improvements, and the third relates specifically to Sibley Park improvements. All of the contracts are with the firm GMH Asphalt Corporation, and have completion dates of September 1, 1990 for the first two and September 15, 1990 for the Sibley contract. This week the City received word from GMH that they are requesting a twenty day extension of the specified completion dates (see attached letter). Reasons cited for the extensions include weather, neighborhood complaints, underforeseen site conditions, and project redesign. The issue of contract extension becomes more important given the $200 per day penalty provisions included in both contracts. Council has previously been made aware of the wet soil difficulties encountered at the Sibley site. During this week, the grading subcontractor has been incrementally working on the site to hopefully complete the work in time for seeding this fall. Should his efforts prove unsuccessful, it is likely we will have to negotiate with GMH to extend the contract into Spring 1991. RECOMMENDATION It is clear that the City has the contractural authority to assess penalties to GMH immediately. Our contract did not IL contemplate an adjustment in the completion date based upon rain delays or any other reason. Construction activity by GMH has been sporadic at best. The contractor has frequently pulled off the job sites in our. community, to work on other projects in other communities. This activity continued despite full knowledge of our specified completion dates and penalty provisions. It may reasonably be argued that circumstances beyond the contractor's control contributed too, but were not primarily responsible for, the delay in project completion. It is recommended that Council approve an extension of the contract completion dates in an amount less than the requested twenty days. It is also suggested that the contractor be directed to concentrate all available resources towards the completion of the Sibley Park improvements in order to insure that seeding of the soccer field occurs simultaneously with other field seeding this fall. ACTION REQUIRED Council should discuss the advisability of granting the requested contract extensions to GMH, and should adopt a motion reflecting the desires of the Council. GUH ASFNALT G CORPORATION August 29, 1990 James E. Danielson, P.E. CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, MN 55.118 RE: PAVED WALKWAYS, JOB `NO. 8920B NEIGHBORHOOD PARKS, JOB NO. 8920D SIBLEY ATHLECTIC COMPLEX, JOB NO. 8920F Dear Mr. Danielson: As we approach the contract deadline of September 1, 1990, and in response to your previous letters concerning the Parks Improvement, and the Paved Walkways, I find we will be unable to complete these projects by the contract specified date. Although we are very close to completion, and will work deligently to completely final these projects, more working days are necessitated. The main, and most obvious reason for our request of extra working days, is due to the large amount of rainfall during the past four months. Laying aside the past several weeks, which much as been accomplished, nearly every week prior since May 8th has disturbed our work performance continually. Work schedules needed to be changed constantly. New phases of the projects had to be opened to let others dry, only to have them be soaked with rain a day or two later. This can be realized by the following rain day summary as follows: May 8, 14, 15, 16, 17, 22, 25, June 2, 5, 11, 13, 19, 27, 28, July 7, 11, 17, 25, 26, 27, August 20, 23, 25, 26. As you can surely see, a definate rain pattern occured, especially during the months of May, June and July. One must also realize, as I'm sure you do, the day following each rain, be it a sunny day or whatever, is also still wet from the previous day of rain. I might add, some of these rain days were very heavy. Adding all rain days plus the following day of each rain, adds to a loss of working days of fifty two days. This ,is very. substantial. Along with our loss of working days, our subcontractors have felt the some effect. There is no other contractor or subcontractor which I am aware of, who is not behind schedule due to the large amount of rain this year. Our work forces have working 12-14 hour days and also some Saturdays to catch up, however, when the rains keep coming there isn't much one can do about it. Local homeowners have also created some delays in our work schedule. I site two part- icular examples. One being a particular gentleman on Victoria Road who has threatened to shoot my employees, resulting in the Mendota Heights Police Depart- ment to be present while working near his residence on several occasions. Another is the owner of the condominiums at the intersection of Dodd Road along Wentworth Avenue, who posed problems and delays as to the location of where "he" thought the trail should be located. Others thought the trail was too wide or too far into their lawns, resulting in the trail being cut from an eight foot path to a six foot path. We have an eight foot paver and although there were six foot trails GMH ASPHALT CORP. ■ 17018 Saddlewood Trail ■ Minnetonka, MN 55345 ■ Phone: 935-6840 FAX: 935-6071 Page Two August 29, 1990 City of Mendota Heights specified on the plan, more six foot trails have developed throughout the "Paved Walkways" project here and there, mostly adjoining the other two sides of eight foot trails. This all results in extra time and expense. One particular area of approximately eighty feet needs to be put in by hand due to alterations. Time is spent with trivial homeowner complaints, where in reality these complaints are needless, due to construction within the city right of way. Although a contractor can expect some homeowner annoyance on a project such as the "Paved Walkways", the bottom line is loss of time and productivity. I do understand and sympathize with the City's position in getting the projects completed. When a project deals with so many private homeowners, its hard to satisfy all. I also understand we are rapidly approaching the sod and seeding deadline for 1990 on all three projects. I feel as of the date of this letter, that all seeding and sodding operations will be completed by the 15th of September weather permitting. Turning to the Sibley Athletic Complex, unforseen problems have been encountered there also. Along with rain delays, "water pockets" in the exisiting sub soils have been discovered. These soils, which encompass more than a third of the project, have drastically slowed our grading contractors performance and in some instances, the "design to build" by the subcontractor had to be altered by building haul roads to properly excavate the moister ridden soils. As a result of the aforementioned delays, I am requesting twenty extra working days to complete the ."Parks Imp.", and the "Paved Walkways" projects and twenty extra days for the Sibley Athletic Complex. I believe this is only fair considering the many working days that were lost. I appreciate the City's fairness and cooperation in this matter. Sincerely, Gary M. H ms Project Manager GMH ASPHALT CORPORATION CITY OF MENDOTA HEIGHTS MEMO August 31, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Admini" SUBJECT: Park Improvement Update - Comfort Station DISCUSSION At our last meeting, Council considered the bids received for the construction of the Sibley comfort station. At that time, formal action regarding the bids was delayed until September 4th to allow staff time to investigate the option of serving as our own general contractor for this project. Staff efforts have focused on two key areas: procedural concerns and cost concerns. In terms of procedure, attached please find a summary of thoughts related to the City serving as general contractor for this project. While not all inclusive, the summary indicates some of the advantages and disadvantages, of undertaking such a project. It is our intent to further refine this summary for discussion with the Council on September 4th. Our second prime concern related to this project is obviously cost. Since our last meeting, staff has been in contact with a number of likely subcontractors who would be called upon to submit quotes for the contemplated work. Many of these subcontractors have been provided plans for the project and are currently preparing their cost estimates. By Tuesday, it is our hope that we will have an indication of the potential cost savings we may be able to realize by acting as our own general contractor. This information will hopefully be available for Council discussion on Tuesday. ACTION REQUIRED Council should discuss with staff the relative merits of the various options. Should the Council desire additional information, it should be noted that the apparent low bidder for the project, Morcon Construction, has agreed to extend the validity of his bid until Wednesday, September 19th. If necessary, the Council could defer its decision on. the bid letting until its next Council meeting, September 18th. MTL:kkb FOR YOUR INFORMATION August 29, 1990 RE: Sibley Comfort Station City Acts As General Contractor 1. Keep individual bids below $15,000. - City buy block, lumber, etc. save 6% sales tax. - Contracts for labor only on block, concrete, carpentry work. - Electric and plumbing bids would include materials 2. Construction time - 10 to 12 weeks. 3. Staff time commitments (10 weeks x 40 hours = 400 hours). -Guy 15-20%, 60-80 hours. -Tom Knuth 5%, 2 hours per week 20 hours. -Code Enforcement 2-1/2 to 5%, 1 to 2 hours per week above normal inspection duties. -Administration staff (Jim, Tom, Larry, Shirley, Diane, etc) 10 to 20 hours total time for project. * If above estimated times arecorrect, using 2.5 multiplied, cost to referendum would be $6,000 for staff time. 4. City not require performance bonds from subs. a 5. City extend insurance coverage. Est $ 15-D 4a 24ve� 6. If bid over $15,000 - necessary to advertise for one week in legal publication - would council approval be necessary to award/select sub ?. 7. Potential savings to City (based on a $50,000.00 building) -Sales tax on materials. Est: $1,000.00 to $1,200.00. -"General Contractor" markup: Arch. Est: 9% to 18% $4,500 to $9,000.00. -Amounts saved/increased by city acting as "general contractor" from selection of subs cannot be determined until we receive bids from contractors. 8. Contractors must be licensed in Mendota Heights. City requires licensed contractors to carry $500,000 General Comprehensive Liability Insurance plus proof or workmens comprehensive coverage. 9. Low-bidder: Morcon Construction Contact Tim McFarland 546-6066 will extend 30 day bid deadline until Wednesday, September 19, 1990 provided that if he is selected work can commence immediately on comfort station. He indicated that a general contractor only makes 7% to 8% on a project likes ours. 8% of $58,800 (bid) = $4,700.00. 10. I've received two calls from a representative of the carpenters union expressing interest in this project. Wants to make sure work is done by union workers. Will be calling me on Tuesday, September 4th to see what recommendation to council is. City of EA,, Mendota Heights 1990 NOTICE TO LICENSE APPLICANTS IN MENDOTA HEIGHTS The contractor license year for the City of Mendota Heights runs from January 1 through December 31. The following information is required for a contractor's license with the City of Mendota Heights, proceeded by City Council approval. -- Application form (completed, dated, signed) -- $25.00 License Fee -- License Bond in the amount of $2,000.00 (made out to the City of Mendota Heights) -- Certificate of Insurance (made out to the City of Mendota Heights; including proof of workman's compensation) (City Ordinance requirement for certificate of insurance: Any person holding a license hereunder shall file with the City Clerk policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be cancelled without 10 days written notice of the City. The contractor shall procure and maintain during the life of the license period, commercial general liability insurance covering personal injury including bodily injury and property damage liability with a combined single limit of not less than $500,000.00 for each occurrence and aggregate.) If you have any questions, please feel free to contact me at 452-1850. Thank you for your cooperation in this matter. Sincerely, Maria L. Karels Licensing Division 1101 Victoria Curve • 1Viendota Heights, IAN • 55118 452.1850 Attn: Barry warner Sibley Athletic Complex General Contractor: Sub -Contractors: Clearing & Grubbing Site Grading Watermain & Manholes Perforated Pipe Fencing & Park Equipment Sod & Seed Trees Irrigation System Proposed Work Schedule: July 5-8 July 10 - August 10 August 10 - 17 August 17 - 24 August 24 - 30 GMH Asphalt Corporation S & A Land Clearing Schneider Excavating Machtemes Construction Wickenhauser Construction Viking Fence Farris Sod Farms Midland Nursery Aqua Engineering Clean & Grub Grading - Pipe Trails, Irrigation System, Fencing (Post only) Seed, Sod, Trees Fencing wire, benches, misc. park equipment Bids opened June 15, 1990 Contract Awarded June 19, 1990 Completion: 1. All work except turf establishment and plantings Nov. 1, 1990. 2. Turf establishment Sept. 15, 1990. 3. Plantings Oct. 15, 1990. Barton-Aschman Associates, Inc. Proposed Construction Schedule: July 6 Clearing & grubbing July 27 Rough grading Aug. 17 Trenching, tiling, irrigation, fence foundations, trail base Sept. 1 Fine grading, seeding, ag. lime Oct. 5 Bituminous, support facilities, landscaping Nov. 9 Punch list, site clean-up CITY OF MENDOTA HEIGHTS MEMO September. 4, 1990 To: Mayor and.City Council . From: Guy.Kullander, Parks Project Manager Subject: Sibley Confort Station Bids, DISCUSSION Since last council meeting,I have requested and received bids from contractors and -suppliers who.would be subcontractors for the city on,-the.comfort station construction. Although direct comparison is difficult, due to the "overlap" of some work tasks, I have listed below the current low bid..amounts in the basic work catagories. For comparison -I have.included Kodet Architects original estimate and an approximate estimate from'theinitial bid letting. Langer Construction was low with a bid of $.68,000. Morcon Construcion was low.bidder on the second.attempt with a.bid of C$ 58,900 Current Kodet Approximate ITEM, Low Bid Estimate:. First Low Bid Excavation, 12,310.00 12,109.00 14,109.00 Concrete & Masonry Lumber, Doors 9,584.00 (Mat.) 16,925.00 20,025.00 Steel, Roof { 3,950.00 (Labor) Plumbing 6,495.00 3,720.00 12,720.00 Electrical. 5,750.00 2,900.00 7,100.00 Painting 1,800.00 est. 1,642.00 1,642.00 est. Floors 1,500.00 est. 1,712.00' 1,712.00 est. Mics. 2,000:00 est. 1,400.00 1,400.00 est. $43,389.00 40,408-00,- 5% Cdnti;n�ency 2,169.00 2,021.00 - 18% Overhead - 7,274.00 - $�45,558.00 $49,703,.00 $.68,000.00 est.=Estimated costs -no bid/amount available