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1995-04-18CITY OF b�NDOTA HEIGHTS DAROTA COIINTY, biINNESOTA AGENDA April 18, 1995 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Continued Board of Review 4. Agenda Adoption 5. Approval of April 4 Board of Review Minutes April 4 Regular Meeting Minutes 6. Consent Calendar a. Acknowledgment of the Treasurer's Report for March. b. Approval of Resolution Ordering Improvement and Preparation of Plans and Specifications for Sanitary Sewers, Water, Storm Sewers and Street Construction to Serve Swangon's 2nd Addition and Adjacent Areas - Rl3SOLIITION NO. 95-20. c. Approval to Prepare Plans and Specifications and Advertise for Bids for the 1995 Street Overlay Project. d. Approval to Purchase Two 1995 Chevrolet Caprice Patrol Vehicles. e. Acknowledgment of the April ilth Parks and Recreation Commission Minutes. f. Accept Premium Refund Option for Workmen's Compensation Renewal. �� g. Acknowledge Receipt of Letter of Commendation from the Dakota County Attorney's Office to the Mendota Heights Police Department. h. Approval to Purchase Computer Equipment. i. Approval of PrimeNet Landscaping Plan. j. Approval of the List of Contractors. k. Approval of the List of Claims. End of Consent Calendar 7. Public Comments 8. Announcement a. Announce Celebrate Mendota Heights Parks! Event scheduled for Saturday, July 22, 1995. 9. Bid Award a. Friendly Hills and Surrounding Area Improvements - � RESOLIITION NO. 95-21 10. IInfinished and New Busiaess a. Consider Bridgeview Shores Trail Segment Construction. b. Ivy Hills Park Pond Restoration - Landscape Design Plan Presentation - Mr. Jim Hagstrom - Savanna Design c. Discuss Request for Basketball Halfcourt - Valley View Heights Park. d. Review of Royal Redeemer Lutheran Church Tree Removal Permit Request. e. Discuss Mendota Plaza Parking Lot/Access Improvements. f. Review of Change Orders Providing for Hazardous Waste Removal and Operational Changes for Water Tower Reconditioning. g. Selection of Airport Related Topics Intended for Discussion Amongst Northern Dakota County Communities. h. Discuss Continental Cablevision Proposed Contract with the Federal Communications Commission. 11. Council Comments ].2 . Ad j oura Auxiliary aids for disabled persoas are avai,lable upon request at least 120 hours ia advaace. If a aotice of less thaa 120 hours is received, the City of Meadota Heights will make every attempt to provide the aids, however, this may not be possible oa short notice. Please coatact City Admiaistration at 452-1850 with requests. CITY OF MENDOTA HEIGHTS "` � MEMQ � April 14, 1995 , , - TO: Mayor, City Council, City Admini r � FROM: Kathleen M. Swanson��S . City Clerk SUBJECT: Continued Board of Review Meeting � • On April 4, Council convened the annual Board of Review meeting. Council continued the meeting to April 18, and asked Assessor Bill Peterson to submit written feedback on action taken by his department with respect to the letters which had been received by the city. In response, the assessor's office has prepared and transmitted to us the attached "Assessor Action Update." Council should open the continued Board of Review and acknowledge the correspondence from the assessor's office. . Mendota Heights_Board of Review Letters received 4-04-95 Assessor Action Update Kevin & Judy Milbery 1000 Oxford Court #27-64700-190-03 The owner of this property has an unlisted phone number. A door tag was left on April 10, 1995. Other attempts will be made to contact the owner. Mark Misukanis 965 Stratford Road #27-72700-080-02 The owner of this property has an unlisted phone number. A door tag was left on April 10, 1995. Other attempts will be made to contact the owner. Michelle Mooney 18 Dorset Road #27-71150-080-10 The property owner was contacted by phone. Several messages have been left. Other attempts will be made to contact the owner. Christina Cook 720 Wentworth Avenue � #27-03800-120-37 The owner of this property was advised to get a comparative market analysis. To date, no response has been received. Rhonda Burling 913 Crown Court #27-18600-110-01 The owner of this property was advised to get a comparative market analysis. To this date, no response has been received. Paul Dahlgren 1736 Lexington Avenue S. #27-76402-041-01 The owner of this property is out of town until May. He will be contacted at that time. Brian Kirchner 1255 Dodd Road #27-54200-030-01 This property was reviewed on April 6, 1995, certain building characteristics were changed. The owner was informed of the market value and was satisfied. Donna Lillie 709 Cheyenne Lane #27-27800-060-14 The owner of this property was contacted. An adjustment was put on this property due to sales in the area. The owner was informed of the revised market value and found it acceptable. Eric & Marilynn Miller 681 Ivy Falls Court #27-27601-050-01 The owners of this property were contacted on April 13, 1995 and are in the process of getting a fee appraisal done. They will contact us if the appraisal amount is less than our estimated market value. Virginia Green 544 Annapolis W. #27-57500-120-01 The owner has an unlisted phone number. A door tag was left on April 13, 1995. Other attempts will be made to contact the owner. Robert Lockwood � 2 Hingham Circle #27-71150-020-09 The owner was contacted by phone on April 13, 1995. He has questions regarding the land value on his property. He will be getting a comparative market analysis and will inform us if the .appraisal amount is lower than our estimated market value. Michael Kane 586 Sibley Memorial Highway #27-17100-110-01 This property was reviewed on April 12, 1995, certain building characteristics were changed. The owner was informed of the revised market value and found it acceptable. Norman Busta 555 Simard Street #27-31300-110-01 This property was reviewed on April 13, 1995, certain building characteristics were changed. The owner was informed of the revised market value and was satisfied. Jack & Genelle Forsberg 729 Maria Avenue #27-71100-010-01 The owner was contacted by phone April`13, 1995. He was advised to get a comparative market analysis and will contact us if the appraisal amount is less than our estimated market value. Page No. 4351 Apri14, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Board of Review Meeting Held Tuesday, Apri14, 1995 Pursuant to due call and notice thereof, the annual Board of Review meeting of the City Council, City of Mendota. Heights, was held at 7:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota.. Mayor Mertensotto called the meeting to order at 7:15 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. POLICE CANDIDATE Mayor Mertensotto informed the audience that the regular agenda. includes the appointment of a probationary police officer. Police Chief Delmont, present for the meeting, introduced the candidate, Lee Flandrich, Jr. and his wife. BOARD OF REVIEW Mayor Mertensotto informed the audience that the purpose of the meeting is to review 1995 properiy valuations for real estate taxes payable in 1996. He stated that if property owners plan to take any action with respect to their valuations, they must sign the meeting attendance roster. He then turned the meeting over to Dakota. County Assessor Marvin Pulju and Bill Peterson, Manager with the Assessor's Office. Assessor Peterson stated that after his presentation and responses to general questions, members of the assessor's staff will meet with property owners to discuss specific valuation questions. He stated that the purpose of the meeting is to discuss 1995 market values to be used for 1996 taxes. He explained that valuation notices were mailed to property owners in February and that open book meetings were conducted for Mendota Heights residents on March 8 and 9. He stated that the assessor's office is charged to do two t.hings - to arrive at market values and classify properties. He stated that his office is charged by the state to mainta.in a median ratio of 90 to 105% of market value, and that the median 1995 Mendota Heights residential property value increase was 5.3% over 1994 values. He informed the audience that his office is charged with revaluing 25% of the properties in the county on an annual basis, and is hying to revalue a quartile of each community in the county each year. He explained that if an individual property value increase was greater than 5.3%, it is possible that someone from the assessor's staff visited the property to do an on-site revaluation. He informed the audience that in addition to on-site valuations, his office uses the Page No. 4352 Apri14, 1995 CAMA system to recalculate market values each year. Mr. Peterson asked for general questions from the audience. A member of the audience stated that his Truth in Talcation notice included a statement about a 4.5% wage increase, and he asked if that had an impact on property valua.tions. Mr. Peterson responded that that the state-wide wage increase was calculated by the Department of Revenue and the County was required by law to put the information on the sta.tement. He explained that the wage increase has no relationship to real estate tax increases and that he does not laiow how the Revenue Departarent arrived at its percentage. Mayor Mertensotto asked how many cities and townships in the county received a general increase in valuation. He stated that many areas had 11 to 13% increases. Mr. Peterson responded that all communities and townships received some type of an increase and the average county-wide was between five and six percent. He stated that it was quite possible that the properties which received greater increases were within the 25% on- site re-valuations. Mayor Mertensotto sta.ted that the legislature is discussing a freeze in city, county and schaol district property taxes for 1996. He asked whether the assessor's office anticipated a freeze when the valuations were being done. _� Mr. Peterson responded that it had not, and that taxes do not go hand in hand with values. He explained that if a property received a 10% valuation increase and no agencies levied increased taxes, the property tax would actually go down. He pointed out that improvements to a property could cause an increase in value. Treasurer Shaughnessy stated that the information provided by the county indicate that if the value of a property did not change, taxes decreased and if the value rose 5%, the tax increased about 3%. Mayor Mertensotto stated that if the valuation of a property sta.ys the same and the levy stays the same, there would be no tax increase, but every government budget is increasing because of wages and increased operating costs. He stated that if there is an increase of 5.3% in valuation each year, the level of the budget can remain about the same. He stated that the real estate tax is the most inequitable tax there is. He informed the audience that when the Page No. 4353 Apri14, 1995 sales tax was adopted in 1967, the legislature said that real estate tax would be a safety net, but as it tums out, property taxes are supporting cities, counties and school districts. He stated that he can see where the current legislature will call for a property ta�c freeze, and pointed out that the school district bond referendum will increase property taxes and there will be another excess levy this yeaz for the school district. Councilmember Smith stated that many things can affect the level of property taxes. One which can affect residential values is the balance between increases in residential versus changes in commercial and industrial. She stated that I many cases, commerciaUindustrial values have come down, and asked, in general, what has happened with businesses in Mendota. Heights and the county in the past two years. Mr. Peterson responded that lus office has not lowered any particulaz properties but some property owners who have filed petitions with the ta�c courts have received valuation reductions. Council aclaiowledged letters received from the following property owners: Mr. & Mrs. Norman Busta, 555 Simard Street; Mr. Brian Kirchner, 1255 Dodd Road; Mr. Paul Dahlgren, 1736 S. Lelcington Avenue; Ms. Donna Lillie, 709 Cheyenne Lane; Ms. Rhonda. Burling, 913 Crown Court; Mr. Bernard Kane, 586 Sibley Highway; Mr. & Mrs. Robert Lockwood, 2 Hingham Circle; Mr. & Mrs. Eric Miller, 681 Ivy Falls Court; Mr. & Mrs. Kevin Milberry, 1000 Oxford Court; Ms. Virginia Greene, 544 W. Annapolis; Ms. Christina Escarzaga; 720 W. Wentworth; Mr. Mark Misukanis, 965 Stratford Rd.; Ms. Michelle Mooney, 18 Dorset Road; There being no further questions or comments, the Board of Review meeting was continued to April 18 to allow the assessor's office two weeks to respond to property owners whose questions are not resolved in the individual meetings with the assessor's staff tlus evening. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor t � ' ? Page No. 4353 Apri14, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesc�a.y, Apri14, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:15 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Council acknowledged a letter from St. Thomas Academy requesting that discussion on the proposed stadium amendment to the Zoning Ordinance be tabled It was the consensus to indefinitely table discussion and to refer to the proposed amendment back to the Planning Commission if any written corninunications are received with respect to the matter. Staff was directed to refer all written comments to the City Attomey and Planning Commission and to schedule the matter for discussion on Apri118 if no written � comments are received. Councilmember Smith moved adoption of the revised agenda. for the meeting, further revised to delete item 8d, Zoning Ordinance amendment relating to athletic stadiums. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved ap$roval of the minutes of the regulaz meeting with correction. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to delete item 8h, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 28, 1995 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for March. c. Aclrnowledgment of the unapproved minutes of the February NDC-4 meeting and the March 1 Executive Committee meeting. Page No. 4354 Apri14, 1995 d. Approval of the appointment of Lee Ellsworth Flandrich, Jr., as a probationary Mendota Heights police officer. e. Acknowledgment of a memo from Fire Mazshal Kaiser regarding the need to amend the ordinance which adopted the Special Fire Suppression Chapter of the Uniform Building Code to reflect current statute dates, sections and chapters, and adoption of Ordinance No. 303, "AN ORDINANCE AMENDING ORDINANCE NO. 242." f. Approval of a vaziance to allow St. Thomas Academy Environmental Studies class to opera.te a motorized pontoon on Roger's Lake for the purpose of conducting tests and obtaining lake samples subject to the time and dates specified in the Mazch 20, 19951etter from the academy and further subject to the class presenting the test results to the Council. g. Adoption of Resolution No. 95-17, "RESOLITTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILTY REPORT FOR SAI�TITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE SWANSON'S 2ND ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 2)." h. Adoption of Resolution No. 95-19, "RESOLUTION APPROVING AMENDMENT TO TAX-EXEMPT BOND" authorizing the extension of the note for the Richard Shaller/Apsco project, subject to payment of a$1,750 financing fee to the city, and waiving the expense escrow contingent on the borrower agreeing to pay any city expenses. i. Approval of the list of contractor licenses dated Apri14, 1995 and attached hereto. ' j. Approval of the list of claims dated Apri14, 1995 and totaling $213,599.37. k. Authorization for the Mayor and City Clerk to execute a private watermain agreement with the St. Paul Water Utility to allow several fire hydrants to be located outside of city right- of-way for Prime Net Services. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 4355 Apri14, 1995 PUBLIC COMMENTS Mayor Mertensotto informed the audience that problems have arisen with respect to the water tank repair project. He explained that an anonymous complaint was filed with the Pollution Control Agency over potential hazardous materials in the material being sandblasted from the tank. As the result, the sand which had been used in the sandblasting process was tested for chromium content. He explained that if the chromium content is found to be at a level considered by the Pollution ControUEnvironmental Protection � Agencies, the waste sand generated in the sandblasting will need to be taken to a hazardous waste site and special precautions, such as totally encapsulating the tank, may need to be taken at considerable cost to the city. � Mayor Mertensotto also informed the audience that the city has been notified by the contractor that there is about 70 feet of ice (in diameter) in the tank, which will delay work on the interior. The contractor has asked about running water from the hydrants to help melt the ice, but the Fire Chief daes not recommend using the city's fire pumpers, and if the contractor wishes to proceed, the city may have to rent a pump. He pointed out that the water in the hydrants would only be 40 to 50 degrees, which would not be of much help in melting the ice, and expressed concern over using water from the system for this purpose when the city is taying to conserve water in the system. Mayor Mertensotto stated that it will likely be necessary to call a special meeting to address the concerns. HORTICiTLTURIST Council acknowledged a memo from Administrator Lawell regazding the creation of a voluntary consulting horticulturalist position and the appointment of Steven Shimek to the position. _� It was noted that Mr. Shimek works for the state Departrnent of Agriculture and is degreed in the horticulture field. Mr. Shimek has agreed that he will serve on a voluntary basis, responding to referrals from the city and request from the city. Councilmember Smith moved to adopt Resolution No. 95-18, "A RESOLUTION ESTABLISHING THE POSITION OF VOLUNTARY CONSULTING HORTICULTURALIST," and to appoint Steven Shimek, 2188 Aztec Lane, to the position for a term commencing on Apri14, 1995 and running through January 31, 1996. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 KOCH PERMIT Cou.ncil acknowledged a memo from Public Works Director Danielson regarding a request from Koch Pipeline, Inc., for Page No. 4356 Apri14, 1995 continuation of its conditional use permit to operate an aviation fuel. recovery facility at the southwest corner of Northland Drive and T.H. 55. Ms. Cindy Hoover, Manager of Koch Refining, stated that Koch is requesting a two yeaz extension on its conditional use permit which is due to expire this month. She explained that the clean up to PCA standards is not yet complete. Mr. John Hunt, Environmental Engineer with Barr Engineering, stated that stated that quarterly reports have been submitted to the PCA and the city throughout the clean-up process. He explained that the primary clean up has been removal of the vapors and the secondary clean up is removal of petroleum from the groundwater. He informed Council that six of the eight on-site monitoring wells are cleaned up and the vapors coming out of the ground do not exceed PCA standards, but the last quarterly report still shows some vapors. Mayor Mertensotto asked how long Mr. Hunt anticipates clean up will take. Mr. Hunt responded that it will take about two years to bring the site into compliance. Councilmember Huber moved to approve a two yeax extension to Koch Pipeline's conditional use permit as originally approved by Resolution No. 93-22 and subject to the original conditions stipulated in the resolution. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto reminded the Koch representatives that the site must be kept weed free. T-BALL FIELD NEEDS Council acknowledged a memo from Administrative Assistant Batchelder regaxding the Mendota. Heights Athletic Association's need for t-ball and transitional league fields. Council also acknowledged an inventory of city ball fields and field scheduling as well as information from the athletic association sports registrations and baseball calendar, along with a possible field layout on Mendota Plaza property. Assistant Batchelder informed Council that the athletic association worked with the recreation programmer and the school district to accomplish its goal of finding sufficient fields for the transitional league and t-ball. He explained that the association has moved t-ball from Somerset School to Sibley to free fields for the transitional league and will use Mendakota Park fields on Sunda.y evening for Page No. 4357 Apri14, 1995 the league. He informed Council and the audience that the shopping center field layout has been presented to Paster Enterprises. Administrator Lawell stated that Paster Enterprises is only concerned about pazking and would prefer that there be no pazking on the blacktop areas. He informed Council that Paster Enterprises has asked the city to provide pazking for about forty cazs. Mayor Mertensotto suggested that perhaps pazking could be provided in the azea that is used for the Halloween bonfire parking. He suggested that the backstops be designed to be temporary in nature so that they can be taken apart and reconstructed at another location in the future. Staff was directed to develop a recommended work schedule and cost estunate after a response is received from Paster Enterprises. SPRING CLEAN-UP Council acknowledged a memo from Assistant Batchelder regarding the annual spring clean-up event. , ��- ,,�. �- Mayor Mertensotto informed the audience th t many cities have had a spring-clean up event for years to get pro rty owners to clean up their yazds, and city trucks load and haul a ay everything residents put at the curb on the clean-up da.te. He s ted that the city is not considering that approach, but that he has been in contact with Eagan oa and they have indicated that they would be willing to have a truck at the shopping center and would haul what people put in the truck. The city would be responsible for paying the dumping cost. -1 Assistant Batchelder distributed copies of a flyer prepared by South St. Paul for its clean-up activity. He explained that South St. Paul has a very aggressive clean-up and provides a packer to pick up things that would go to the landfill as well as things that could be recycled. He stated that in certain cases, the materials which aze picked up would pay for themselves, like scrap metals. He informed Council that a vendor will park a semi at a specific site, such as the shopping center, where people would bring the items they wish to dispose of. He stated that he would not recommend that people be allowed to bring in household appliances but rather that arrangements be made for a hauler to do on site pick-up of those items on the date of the activity. The hauler would offer a reduced rate to those having appliances picked up. He stated that hazardous materials would not be included in the program, as people can bring those items, such as paint and batteries, to the drop off site in Eagan. Page No. 4358 Apri14, 1995 allowed to bring in household appliances but rather that arrangements be made for a hauler to do on site pick-up of those items on the date of the activity. The hauler would offer a reduced rate to those having appliances picked up. He stated that hazardous materials would not be included in the program, as people can bring those items, such as paint and batteries, to the drop off site in Eagan. Councilmember Krebsbach asked if there are any plans to help those who might need help, like elderly or disabled people. She stated that neighbors should be encouraged to help elderly or disabled neighbors and suggested that staff look at how an emphasis can be placed on helping those in need. Assistant Batchelder responded that Lakeville sends its public works crew to an address if they get a request for assistance ahead of time. Mayor Mertensotto stated that the city could have help available if special requests aze submitted ahead of time. He asked what date the event could be held. Assistant Batchelder responded that it should not be difficult to get vendors to participate but it may be difficult to get volunteers from Public Works on a Saturda.y. It was the consensus that Assistant Batchelder use his discretion on acceptable materials and help for seniors and handicapped individuals and to give special attention to traffic concerns. Councilmember Koch moved to authorize an expenditure of up to $1,000 for a spring clean-up program to be held on May 6 or 13 depending on vendor availability. �� Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto called for a closed session immediately following the meeting to discuss pending litigation over a grievance with the Public Works Department. PARK MEETINGS Assistant Batchelder informed Council and the audience about two neighborhood meetings which will be conducted by the Park and Recreation Commission meeting on April 11 regarding the Ivy Hill ` Park landscaping and Bridgeview Shores trail issues. Page No. 4359 Apri14, 1995 ADJOURN There being no further business to come before the Cou.ncil, Councilmember Huber moved that the meeting be adjourned to closed session. � Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 9:30 o'clock P.M. Kathleen M. Swanson City Clerk _� LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Anril 4, 1995 Cement/Ma�nry Con�rac�or Liaease Sera.ce Canstructian Excavatioa Coatractor Licenae Bev Lor Utilities Royal 8xcavating, �nc. Gas Pipiaa �on�ractor Liaenae vogt Heating � �/C �VAC Coatractor;� Licease Kalmes Mechanical Sne. Geaeral Caatraetars_Licease Crawford Door Sale� Company Industrial Door Co., Inc. Mulcahy Inc. Woodmaster Foundations, Inc. �� ,;...� .�.� CITY OF MSNDOTA H$IGHTS TREASIIR$R'S REPORT, MARCH, 1995 DAROTA COUNTY STATF3 BANR Checking Account 1.05g Savings Account 2.15� C.D. Rep. 3.00g Collateral - Bonds Gov't. Guar. CHEROK8F3 STATE BANR BALANCE $ 61,134.19 $ 579.80 Q.00 $ 61,713.99 $ 500,000.00 $ 100,000.00 Saving Cert. 8/22/95 C� 3.60g S 13.952.59 $ 13,952.59 Collateral - Bonda $ 500,000.00 Gov't. Guar. $ 100,000.00 COLLATER nr• $ 600,000.00 $ 600,000.00 Value3-31-94 (est.) Bank Acc. 6.16� Due S/17/95 $ 484,514.44 FHLMC 7.23% 12/97 FBS $ 500,008.00 FNN1A 6.3� 12/97-95 FBS $ 500,008.00 FHL Mtg. Pool 8g (PRU) $ 252,299.75 F'N�C 7� Mtg. Pool (PRU) PAC $ 505, 000. 00 FMLC 6 1/4% Mtg Pool (PRU) $ 418,350.79 FNMA 6� Pool (PRU) $ 499,295.51 FHLMC 6� Pool @ 101.4375 (PRU)$ 272,395.56 FNMA (1994 Pool) 6 1/2� (PRU) $ 279,306.35 U.S. Treasury Money Mkt (FBS) $1,395,629.04 Gov't. Securities Fund $1,002,470.00 -� Zero Cpn T.Bds 7.9� - 2011(J&M) $ 197,530.00 TOTAL FIINDS AVAILABLB: Funds Available 12/31/94 3/1/94 LES:kkb $6,382,474.02 $7,840,461.20 $6,056,520.11 $ Rates Money Market Mar. 31 Bank 3.00� Mar. 31 FBS 5.68� 500,000.00 490,000.00 490,000.00 250,000.00 465,000.00 380,000.00 465,000.00 260,000.00 265,000.00 2,161,000.00 2,140,000.00 216,000.00 , CITY OF MENDOTA HEIGHTS Apri112, 1995 TO: Mayor, City Council and City A FROM: Shawn Sanders, Civil Engin�er� S SUBJECT: Feasibility Report for Swanson's 2nd Addition Job No. 9509 Improvement No. 95, Project No. 2 INTRODUCTION: Bjorklund Development Compaay has presented a proposal to develop a 6.5 acre parcel of land lacated at the northeast corner of Lexington Avenue and Orchard Place (formerly known as the Swanson Property). A preliminary plat has been prepared wluch provides seven new lots for single family homes. Ia order to develop the site, City utilities will be required. This report looks at the feasibility and cost of serving Swanson's Second Addition with sanitary sewer, watermain, storm sewer and streets. DISCUSSION: The attached drawing shows the project area, existing utilities in the area, and the proposed utility and street location for the new development. Since utilities are in place along Lexington Avenue, installation to the project site should be completed with little or no complications as sanitary sewer and watermain would be connected to the existing mains in Lexington Avenue. - � Storm water would be designed to flow into the pond at Marie and Lexington from two locations: a detention pond located at the northeast corner of the development and an existing storm sewer line located on the east side of Lexington Avenue. The street would be designeci to the City standard of a 33 foot width with curb and gutter. • The cost to construct each of the utilities, including engineering administration, overhead and contingencies has been estimated as shown. Item Sanitary Sewer & Services Watermain & Services Storm Sewer Streets Tota1 Project Cost Cost $44,100.00 43,600.00 41,300.00 44, G(?0. 00 $173,600.00 It is assumed thai the developer would complete the grading of the street and the detentaon pond, so na costs for grading were included in the above costs. Assessments would be used to cover the costs of the utilities. In addition to the seven lats from the Swanson property, the developer has worked out an agre�ment with the Ro1fs, who own the adjacent property to the south, which allows a portion of the pmject ta be constructed on their property. This would create another parcel to be assessed and would result in a total of eight lots being assessed equally at an estimated. amount of $21,'7Q0. RECOMMENDATI4N: In that this praject is both technically and financially feasible and the develaper has petitioned the City fox utilities, I recommend Council accept the feasibility report and order the Engineering Department to prepare the plans and specificatians for this project. � i� ! ; .! i��1 !� If Council concurs with the recommendation, they shguld pass a motion adopting Resolution No. 95-_, RFSOLLTTION OR.DERING IlVIPROVF:N�NT AND P'REPARATION UF PLANS AND SPECIFICATIONS FQR SA1�IITARY SEWE1tS, 'VVATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE SWANSUN'S 2ND ADDI'TION A►ND ADJACENT A�REAS {I11�PROV'IlVIE.NT N4. 95, PROJECT NO. 2). SS:dfw � t' City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. RESOLUTION ORDERING IlVIPRO + + AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SArTITARY SEVVERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE SWANSON'S 2ND ADDITION AND ADJACENT AREAS (IlVIPRO�'ENI�NT NO. 95, PROJECT NO. 2) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed construction of the following improvements to serve Swanson's 2nd Addition, 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 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 necessaty of streets aad easements in the area hereinafter more particularly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of street improvements consisting of the acq�isition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, Bjorklund Development Company and Mary M. Rolf, the owners of the property, has heretofore in writing petitioned the City Council of the City of Mendota Heights requesting the above described improvements and in said petition required that the entire cost of said improvements be assessed against said property; and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and V"VBF�E.AS, the area pmpased to be assessed for said impravements is situated within the City of Mendota. Heights in Dakota County, Minnesota. and is more particularly described as follaws: Swansan's 2nd Addition and the Ro1f Property, Farcel Na. 27-02700-040-02 NOW TIi�R�RE, iT IS HL+:REBY Ft]E�50LVED by the City Council of the City of Mendota Heights, Minnesota. as follows: 1. That the feasibility repart is hereby accepted. 2. That it is advisa.ble, feasible, expedient and necessasy that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 3. That the City Engineer be and he is hereby authoriized and directed to prepare plans and specifications for said improvement. 4. That said improvement shall hereafter be l�nown and designated as Improvement No. 95, Project No. 2. Adopted by the City Counc�. of the City of Mendata Heights this 18th day of April, 1995. • � i 1� i i � 1;� "1 By Charles E. Mertensotta, Mayor ATTEST: Kathleen M. Swanson City Clerk �• 1r CITY OF MENDOTA HEIGHTS NIEl�ZO Apri112, 1995 TO: Mayor, City Council and City Admini FROM: Shawn Sanders, Civil Engineer �j SUBJECT: 1995 Street Overlay Project, (Mendota Heights Rd. - T.�I. 13 to T.H. 55) 7ob No. 9510 INTRODUCTION: For the past three (3) years the Engineering Department has selected City streets in need of surface restoration. These streets resurface include: Marie Avenue, Warrior Drive, South Plaza Drive, and the Highway 110 Frontage Road. This year stafF has selected to resurface Mendota Heights Road, from Trunk Highway 13 to Trunk Highway 55, and a portion of Copperf'ield Drive. DISCUSSION: The section of Mendota Heights Road between T.H. 13 aad T.H. 55 was constructed in 1973 when the street was widened to 44 feet and overlaid with 3 inches of bituminous. Through the years, the quality of the road surface has deteriorated through increased traffic and yearly freeze-thaw cycles. Transverse and longitudinal cracks, along with the patches fmm pothole repair, create a rough and bumpy ride the entire stretch of road. Originally, the City had planned to overlay this section of road a couple of years ago, but was delayed once the City found out that Mendota Heights Road was to be used as a detour route for two years during construction of the Mendota Interchange project. Since constivction of the project is near completion and the detour no longer exists, an overlay project for this segment of road is now wazranted. An overlay will add strength to the existing road and provide for a smootli riding surface. The street will be milled three feet from the curb on each side of the street and overlaid with an average 1.75" thick bituminous wearing course and have its crown restored for proper drainage. . Also to be included in this project will be a section of Copperf'ield Drive, approximately 300 feet in length, located halfway between Dela.ware Avenue & Fieldstone Drive. This section has experienced a number of depressions in the road caused by utility settlements after construction eight (8) years ago. The road will be milled, the depressions paved with a leveling course, and the entire section will be overlaid with a wearing coarse of bituminous. Prior to the street overlay project, appro�mately 150 feet of B618 curb and gutter will be removed replaced where settlements have occurred on both Mendota Heights Road and Copperf'ield Drive. � � A summary of the Engi.neer's Estimate for each item of the project is listed below: Item Mill & Overlay - Mendota Heights Road Mill & Overlay - Copperfield Drive Remove & Replace B618 Curb and Gutter TOTAL Cost $62,500.00 $5,000.00 2 500.00 $70,000.00 Funding for the project will be paid for by the State Aid Maintenance Fund, which assists in the costs of maintaining City collector streets. There is $65,000 available ia this fund for 1995. In addition to the 5tate Aid Maintenance Fund the City has received appmaumately $10,000 from Mn/DOT for maintenance costs as part of an agreement for the use of Mendota Heights Road as a detour route in conjunction with the Mendota Interchange project. If Council authorizes staff to prepare plans and specifications and to advertise for bids, we could award the contract the second meeting in May and complete the project by 7uly. RECOMMENDATION: I recommend that Council authorize staff to prepare plans and specifications and to advertise for bids for the 1995 Street Overlay Project with all costs to be funded by the City's 1995 State Aid Maintenance Allotment. ACTION REQUIRED: � If Council concurs with the recommendation, they should pass a motion authorizing the preparation of plans and specifications and the advertisement for bids for the 1995 Street Overlay Project. 5S:dfw R ,; tir . �� -o � �oc� � c � R. �,Q" .�� 2 . �� . � � ::;rtiti �'�'{� • {� :.. .x.;x';:} . •.t�.. � V .�y.� i�.r;1Y•.•�•:: •:i': �•� �::. `�� ;� .:;:::�::::<.;�.�N� ' QRy.� ��1:4{ ::�•''I:�:i i�•.��{:�r% 1 /ti / �ti}� � '� {:• ? .� :5;.� �.�': 4�� ::•:l::�:V:: l •:•: }�•�ti • :.� �.�:�{.:�:4�:�:� �:::• • � .1�:•:.,}t;:•:'::• �/ � �� : kti.: r: • v,• :;;..::::.:.�.:::, �, •.tiS•.. ..4.: ��.�;.�i""_"'�_.t�..i�v n,t] , DR. '_.� �."' ,;.:{ti ,- E:� 'r�:'•. }?':i•`•' {l., ��;'f. y�.�. . I `� ..._.. �s.�►. ._,.. �� ..... ��►.��. . a - .�..�.�.. �.�. -�.._..,...� r��YY �y� �� 1�1Yti� MEND�OTA � 1995 �Z"��]EET (�%rE�:LAY PRC��:�CT ` PROJ£CT AR£A • STREL'T - LENGTH C4PPERF/ELD OR 3p0 ` MENDOTA HElCHT,S RD 4550' c�fl� T�L ar�a � � a�. � E HEIGNTS � � �� Q •� Q \ ' � Z � \� "--� ��%�. "... �1.�. .._._.. �� -i"' I-494 tVlemorandum � Mendota Heights Police Department 4/ 14/95 TO: Mayor, City Cauncil City Administ Fl�(71Vt Po(ice Chief, Dennis Delmont�� SUBJECT; 1995 Squad Cars INTRODUCTION: Police department requests to purchase two i 995 Chevralet Caprice marked squad cars to replace #wo existing 1993 Caprices. HISTQRY: We budgeted $3Q,OOQ in 1995 to replace marked cars in accardance with our two year repiacement schedule. This year we would iike to buy ane car immediately and the second car at aur narmal time in May. DlSCUSSION: Road Rescue, the outfitter that installs the equipment in our vehicle, has o#fered us camplete installation, plus additic�nal equipment that we normally cannot afford, for no charge, on one vehicle .t�iis year. Road Rescue wants ta use the vehicle to display at the 1995 Minnesota Chiefs o# Police Association Annua! lnstitu#e in St. Cloud on Apri! 24-27, 1995 in return for using our car as an advertisement, they wiil comp(ete the equipment changeaver and install a fiberglass "transpart bench" in the back seat for free. This represents an opportunity for the City to realize a savings af approximately $30�0. The "early" squad wauld replace a 1993, which will be sold at auction, with approximately 60,000 miles. The secand car will fallow our normai schedule. REG{�MMENDATIC}N: It is recommended that council approve the purchase of two 1995 Chevrolet Caprice patrol vehicles at a cost nat ta exceed a tatal of $30,Q00, including equipment changeover and graphics. CITY OF MSNDOTA HEIGHTS DAROTA COIINTY, MINNESOTA PARRS AND RECRF�FiTION COb�lISSION biINIITFsS APRIL 11, 1995 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, April il, 1995, in the City Hall Large Conference Room, 1101 Victoria Curve. The meeting was called to order at 6:30 o'clock P.M. The following members were present: Norton, Liberacki, Rleinglass, Damberg, Libra, Linnell and Spicer. Also present were Administrative Assistant Revin Batchelder and Parks Project Manager Guy Kullander. APPROVAL OF MINQ'PLS Commissioner minutes. Commi s s ioner AYLS: 7 NAYS: 0 Damberg moved to approve the March 14, 1995 Linnell seconded the motion. CObmiISSION COb�I�TT5 Commissioner Damberg stated that she would like the Parks and Recreation Commission to take a closer look at the issue of vandalism in the City parks. Commissioner Damberg stated that some people are afraid to be in Valley Park and that she is aware that there has been damage going on there as well as bonfires at night. Commissioner Damberg requested that the Chief of Police address how we are handling these incidences in our parks and what can be done about it� CAPITAL IMPROV�MENTS PT.AN Chair Spicer stated that the Capital Improvements Plan should be reviewed and updated as the City heads into the 1996 Budget process. Spicer stated the Commission should begin discussions of the Capital Improvement Plan including reviewing the list of 1995 objectives and to consider capital needs over the long term through the year 1999. Chair Spicer stated that the largest item in the 1995 list of improvements was a tennis court at Hagstrom-King Park that had �riginally been hoped would be paid for with referendum funds . He stated now that the referendum funds are committed he inquired if the Commission would like to pay for this out of the Special Park Fund. Spicer stated that he has been with the Parks Commission for many years and that they have been very frugal with the Special Park Fund over these years. Spicer stated that it appears that the remaining 1994 items that need to be constructed and the list of 1995 items total to $60,000+ to be . spent out of the Special Park Fund. Spicer stated this is a significant amount that is larger than the annual interest earned by the Fund. Commissioner Liberacki inquired if it was the Parks and Recreation Commission's intent to try and keep annual spending out of the Special Park Fund at about the level of interest - earned annually in that Fund. The Commission stated yes. The Commission discussed the priority of putting in the Hagstrom-Ring tennis courts. Commissioner Linnell stated that Sibley High School has recently built nine new tennis courts. Commissioner Liberacki stated his neighborhood has really expressed an interest for this tennis court. Liberacki stated that it is not his agenda to promote these tennis courts, but he feels it would certainly be a nice amenity for the neighborhood. Commissioner Linnell inquired if one court could be built or if it is necessary to build two courts . Parks Proj ect Ma.nager Kullander stated it would probably cost 60 percent to build one court as opposed to the price for building two courts. Rullander stated the site has already been graded for tennis . Commissioner Liberacki stated that from his brief look at the funding sources in Mendota Heights, the Special Park Fund has grown significantly in recent years with new neighborhood development. He stated that maybe it is time that the outflow of improvements needs to grow with the Fund. Chair Spicer stated the he would agree with this statement, however, the City has recently spent $3.4 million of referendum funds to improve the park system, so in his opinion, the improvements provided by referendum has corresponded with the growth of the City. 1 Commissioner Libra inquired if the Acacia Cemetery, Acacia Boulevard area could be a possible ball field site. Administrative Assistant Batchelder stated that the City does own land in this area and that it could be looked at as a possible ball field site. Batchelder stated that the City Council had directed staff to continue exploring the possibility of additional ball fields at the Mendota Plaza with Paster Enterprises. Chair Spicer stated each Commissioner should take home the list of Capital Improvements from the 1995 CIP Plan and do their homework and come back at the Ma.y meeting with their list of priorities so that the Parks Commission can compare priorities and provide staff w�th direction for the 1996 Budget process. Spicer stated that it would be important for each Commissioner to look at 1996 priorities, long term priorities, any changes in funding policies and any additional items that are not already on the list. IVY FALLS PARK OPEN HOIISi3 The Commission met with 25 residents of the Ivy Falls Park neighborhood for approximately 1 1/2 hours. Chair Spicer introduced the Commission, staff inembers and Mr. Jim Hagstrom of Savanna Designs. Administrative Assistant Batchelder provided a background on the Ivy Falls Creek project and described how the Parks and Recreation Commission and City Council had desired to restore the landscaping and beautify the pond area after construction. Batchelder stated the Commission had interviewed three landscape architectural landscape firms and had chosen Mr. Hagstrom of Savanna Designs based on their expertise with native grasses and wildflower plantings. He stated the Commission had preferred to go with a low maintenance, natural grass landscaping in this pond area because it was ecologically sound and would provide a high degree of beauty to this area. He stated the Commission has met with Mr. Hagstrom to set the parameters of the design and that Mr. Hagstrom is here tonight to present his landscape design plan. Mr. Hagstrom provided a twenty minute presentation including slides on the grass and plant species that he would be using in his landscape design. Mr. Hagstrom reviewed the specifics of the landscape plan with the audience. For the next hour there was a general discussion regarding the pond and its beautification. Many residents at the meeting expressed a concern about the safety of the steep slopes of the new berm, about the water quality in the pond, and about the increased capacity for storm water in this area. The Parks Commission attempted to focus on the beautification plan with the landscape design, however, the neighborhood expressed the opinion that their biggest concern is wi�h the engineering aspects of the storm water pond and the water quality. The following comments were received during the meeting: • The walking path shown on top of the berm is a concern due to the steep slopes down to the ponde • During storm events this pond has a significant bounce in water level and there is a concern about how the pond is going to be kept clean. • Another resident expressed a safety concern with the steep embankments. • There was a general concern about the level of trash in the pond. • The safety regarding children structures was a concern. • A resident expressed that trees can hide, and that lilac bushes order to attract songbirds. � A resident expressed a concern playing on the concrete make shadows where people should be used instead in about the steep berm. • A concern was expressed about the transition from the area labeled as "pine tree area" to the flat grass area owned by Ivy Falls Park Association. This resident felt this was too drastic of a transition and that the pine area should be left as it is in its current state so that it transitions with the grass area. • A resident stated that the City should not install any landscaping around the pond edge for the first year to - see what happens with the pond during storm events. • A resident commented that a slope on the southeast side of the pond was slumping. • A resident made a request for Water Birch trees along the southwest corner of the pond. • A resident stated that the southwest corner of the park that faces the road is the most visible part of the park for people traveling on Maple Park Drive. This resident stated that this area should be targeted for beautification. Mr. Hagstrom addressed concerns about the bounce in the pond and stated that the wetland species and grass species that he is using for the edge of the pond are flood tolerant. Mr. Hagstrom stated that the southwest corner of the park that had been requested for additional beautification can include plugged wildflowers as opposed to seed. Mr. Hagstrom atated that when you use plugs, you get results right away in the first year from these wildflowers and they can be quite beautiful. The Parks Commission discussed specific details on the areas that are to include native grass and wildflower plantings with the neighborhood. The neighborhood was of a consensus that this plan is an appropriate plan for beautification of the park area, the neighborhood requested that another neighborhood meeting should be conducted with the engineering staff so that water quality and storm water issues can be addressed. Chair Spicer thanked the audience for their participation and informed them that a recommendation would be forwarded to City Council for their consideration on April 18th concerning this landscape design. BRIDGEVIEW SHORES TR.AIL NEIGHBOR800D OPEN HOIIST Chair Spicer introduced the Commission and staff to the residents in attendance. In attendance were Garry and Barb Ruhlmann, Abu and Florence Islam and Mr. Norm Linnell. Administrative Assistant Batchelder provided a background to the Parks Commission on this issue and stated that City Council had requested that this ma.tter be referred to the Parks and Recreation Commission to provide all interested neighbors an opportunity to have input. He stated that an item announcing this neighborhood open house had been published in the SouthWest Review and the Sun Current and that letters. had been sent to everybody in the Bridgeview Shores neighborhood. Parks Project Manager Kullander described the details of the trail project that includes a trail along the north side of Mendota Heights Road fYom Westview Terrace to Dodd Road. Kullander stated this trail had been included as part of a Task Force recommendation for a traffic signal light at the corner of Mendota Heights Road and Dodd Road. Mr. Islam stated that he had appeared before the City Council to oppose the construction of this trail and that he desired this trail be eliminated from the traffic signal light project. Mr. Islam stated there would be a significant loss of privacy from within any room in his house. Mr. Islam stated that he had a home with all the rooms oriented to the rear of the house and that his house is parallel to Mendota Heights Road. Nlr. Ruhlmann stated that in addition to privacy concerns for both his house and the Islam's house, he felt there is a safety issue. Mr. Ruhlmann explained that cars approaching Mendota Heights Road along Westview Terrace have a blind approach to traffic on Mendota Heights Road. Mr. Ruhlmann stated that to the east of Westview Terrace is a dip in the road and because of the curve of Mendota Heights Road it is difficult to see cars coming from the west along Mendota Heights Road. Mr. Ruhlmann stated that it is necessary for cars to creep out past the stop sign in order to see traffic coming down Mendota Heights Road. Mr. Ruhlmann stated he feels that a trail would dump pedestrian and bicycle traffic into the stop sign area where cars must creep forward and that this is a dangerous safety issue. -� The Parks Commission discussed the spacing of the Spruce trees that run along the rear property line of the Ruhlmann's and the Islam's. Rullander stated they are twenty feet on center. The Commission inquired exactly where the trail would be on the other side of these Spruce trees. Parks Project Ma.nager Kullander stated that the trail would be approximately four feet off the curb and entirely within the City's right-of-wayo Commissioner Kleinglass stated he felt the trees would screen the trail from the homes. Commissioner Linnell stated that as these trees grow, they will provide more screening. - In response to Mr. Ruhlmann's stated safety issue, Chair Spicer stated it would be preferable to have pedestrians and bicycles crossing Westview Terrace than crossing Mendota Heights Road where there is much more traffic. The Commission discussed where people using the trail system would cross Mendota Heights Road and Dodd Road. Commissioner Linnell stated there might very well be a sight distance issue at the intersection of Westview Terrace and Dodd Road. Commissioner Linnell stated sight distance issues can be addressed. Commissioner Liberacki stated that Mr. Ruhlmann may be correct that pedestrians traveling west to east may have a problem as - they approach Westview Terrace, however, after they have used this trail once, it should not be a difficulty. Commissioner Liberacki stated that this trail segment would prima.rily be used by Bridgeview residents who are going west to access the trail system in that direction. Mr. Ruhlmann stated that looking west when you are stopped at Westview Terrace at Mendota Heights Road, you are blind to the traffic. Ms. Ruhlmann inquired why is this trail only proposed for their short section and not for the whole length of Mendota Heights Road. Commissioner Linnell responded that this trail segment is tied into the signal light proj ect and that MnDOT has agreed to pay for this with MSA funding. Mr. Islam stated that if the City is so concerned about safety then the trail should be installed along the full length of Mendota Heights Road. Ms. Islam stated that if the City constructs this trail, then they will be guiding people into an area with a safety problem. Commissioner Linnell stated that the idea is to improve the safety by providing this trail segment so that Bridgeview Shores residenta do not have to cross Mendota Heights Road to get to Dodd Road. Mr. Islam stated that he feels this whole project was done in secrecy and that his property value will be lowered by $25, 000 to $40,000. Mr. Islam stated that they wi33 lose all privacy at their home and that the City would be guiding people, including children with bikes, into a blind intersection if the City constructs this trail. Mr. Islam stated why would anybody want to take a walk on this trail because it is too noisy with the traffic in the area. Commissioner Damberg inquired about the necessity of this trail section if the new middle school opens. Ms. Islam responded that there are no homes on the other side of Dodd Road that would need to ge�t to the middle school. Commissioner Kleinglass stated that he feels the purpose of thia trail is to allow Bridgeview Shores residents to connect to Dodd Road and to the trail system on the west side of Dodd Road where there are many trail connections in different directions . Commissioner Linnell stated that he feels this is a small portion of trail that makes sense for this neighborhood. � Mr. Islam stated that the only reason the City was providing this trail segment was because we are getting the money from MnnOT. Mr. Norm Linnell, Bridgeview Shores resident, spoke in favor of the City building this trail segment. Mr. Linnell stated that currently children have to cross Mendota Heights Road to access the trail system. Mr. Linnell stated that he believes this trail segment would be a real benefit for Bridgeview Shores children that have to cross Dodd Road at the traffic light. Mr. Linnell stated that Mendota Heights Road is getting busier all of the time and cars often travel at a high speed on this road. Mr. Linnell stated he feels most of the. neighborhood would use Pondhaven to get to Westview Terrace where there is currently a deadend. Mr. Ruhlmann stated Westview Terrace is blind to Mendota Heights Road and this trail would be putting people into this blind spot. Mr. Linnell stated that the people are already there using the right-of-way for walking and that the trail would be safety benefit. Mr. Ruhlmann stated that if you can use the seventeen feet of grass existing in this area, why do you need a trail? Commissioner Liberacki stated that the same situation exists in his neighborhood where the patios and the rear of homes back up to an existing trail where it runs along Mendota Heights Road in the Brentwood neighborhood. Mr. Liberacki stated that none of these homes have lost value due to the location of the trail in the rear of their property. Commissioner Liberacki stated that he is a professional planner and that he believes this trail segment works well. Commissioner Liberacki stated that the Parks and Recreation Commission has to consider the larger issue of regional trail connections and that this is a logical connection. Mr. Liberacki also stated that for safety reasons he feels this is an important connection for the neighborhoods. Chair Spicer stated he also has a trail running through his backyard and he wishes he could convince the tax assessor that this trail lowers his value. Mr. Islam stated this trail segment was included in secrecy after they purchased their home. Mr. Islam stated they had bought their house without a trail along their rear property line. Mr. Islam stated that he pays taxes to the City and expects service from the City. Mr. Islam stated he feels the City should� give the money back to MnDOT and not do the trail, or in order to be consistent, the City should build a trail along the whole length of Mendota Heights Road. Commissioner Liberacki stated the City could build the first segment of the trail, from Westview Terrace to Dodd Road, and then consider extending it all the way to the school site. Commissioner Libra stated that in terms of the volume that will use this trail, the shorter section only benefits your neighborhood. Libra stated that with addition of Mendota Meadows across Mendota Heights Road, this trail is probably needed as a landing for pedestrian and bicyclists due to the increase in traffic. Commissioner Libra stated thia trail segment may provide the only safe course to get into the Bridgeview Shores neighborhood. Mr. Islam stated that if the City was to propose the trail the whole length of Mendota Heights Road there would be many more neighbors in opposition to this trail. Commissioner Linnell stated that one option the City has is to plant shrubbery along the trail to enhance the screening and provide in fill screening in the short term. Ms. Islam suggested that instead the City could provide a small trail connection on the south side of Mendota Heights Road west of Dodd Road so that students at St. Thomas Academy and Visitation could access the trail that exists on the south side of Mendota Heights Road. Chair Spicer stated that the idea of the proposed trail segment is to give people from Bridgeview Shores safe access to Dodd Road. Mr. Islam stated that Public Works Director Danielson had told him that a woman from Bridgeview Shores was on the Task Force and had wanted this trail segment included so that her child could walk to Visitation School. Mr. Islam felt that school children making their way to Visitation School can walk on the grass. Mr. Norm Linnell stated that bicycles and rollerbladers are also going in that direction. Mr. Islam stated that this trail would only be used three to four months of the year. _� Mr. Norm Linnell stated that he feels it is dangerous to ask children to cross to the south side of Mendota Heights Road to access the trail system. Mr. Linnell stated he feels this would be a benefit to the City for two reasons, 1) it does not cost the City any money, and 2) there are strong safety reasons to install this trail. Mr. Islam stated that it was a mistake for the City to ask for the money for this trail segment without conducting a neighborhood meeting or contacting the property owners along the trail. Commissioner Kleinglass inquired if a cross walk could be painted across Mendota Heights Road at Bridgeview Court. Parks Proj ect Manager Kullander stated that a cross walk would create a false impresaion of a safe cross walk wheri there is no traffic control device along Mendota Heights Road. Kullander stated that studies show cross walks without control devices creates more accidents. Ms . Islam stated the Parks Commission should consider building a trail all the way along Mendota Heights Road so that they can see how the other neighbors would like having a trail in their rear yard. Chair Spicer stated that he can understand the Islam's concerns because this trail is in their backyard and impacts the use and privacy. Spicer stated that however, the vast maj ority of residents in the City are in favor of the trails. Mr. Islam stated that his whole house orients to the rear of the property and witYf a trail in this area there would be no more privacy. Mr. Islam stated that he will not be able to use his patio. He stated that he feels strongly that it will harm the privacy and value of his home. Ms. Islam stated that a Task Force member had discussed the signal light project with them on their property and never mentioned the inclusion of a trail in this project. Ms. Islam stated that the Task Force never considered the impact of this trail on their property and never conducted any public hearings. Chair Spicer thanked the residents for their attendance at this meeting and stated the Parks and Recreation Commission would make a recommendation to the City Council regarding this proposed trail segment. IVY FALLS SOIITH-DISCIISSION OF PARR DEDICATION Chair Spicer stated that Mr. Heaver was before the Parks Commission this evening proposing a cash dedication for his proposed subdivision of the Logan and Hughea property. Chair Spicer stated that Mr. Heaver desires to develop nineteen single family homes on this property and that the Commission should consider tonight whether a cash or land dedication is appropriate. Commissioner Linnell stated that he feels it would be a nice amenity to have a trail connection from, the end of the proposed cul-de-sac to Clement Street, even if there is no direct trail link in this area. Commissioner Linnell stated that currently there is foot traffic through this field and that at a small neighborhood meeting, the previous evening, neighbors had informed him they would desire a pedestrian connection in this location. Chair Spicer inquired if this trail connection would be in lieu of the proposed cash dedication of $14,250. Commissioner Linnell inquired what is the value of a trail link or an easement in this area. Mr. Heaver responded that the value of an easement in this area would have to be determined. Commissioner Libra stated that he agrees a trail connection would be a benefit for this neighborhood both for people from Ivy Falls north going south to Wentworth Park and for children in Cherry Hills heading east towards Somerset School. Commissioner Libra stated he felt this trail connection would connect Ivy Falls, Cherry Hills and Park Place to Somerset School. Chair Spicer stated that staff could look at designing a trail or an easement and calculate the benefit of this trail and easement against the cash dedication amount. Mr. Heaver stated that he would have to consider the design of his plat and the impact on the value of the lots that would be adj acent to-the trail. Mr. Heaver stated that the three lots on Clement Avenue are less than the required one hundred foot width and he is seeking variances on these three lots. Chair Spicer inquired if it would be possible to have a more narrow trail due to thes.e narrow lots along Clement. Parks Project Manager Kullander stated that any trail that is less than eight feet cannot be maintained with the current City equipment. Rullander estimated it would cost approximately $10.00 to $12.00 per lineal foot if the trail is done as part of the public improvement project. Nlr. Heaver stated he felt the value of the easement may be greater than the cash dedication. Chair Spicer stated it appears the choices are either to accept the cash dedication proposal or to accept an easement for trail including construction costs of the trail. Commissioner Liberacki stated that his understanding of the ordinance is that the ordinance allows a ten percent land dedication from which the City Council can decide to allow a cash dedication in lieu of the required land dedication. Mr. Heaver inquired if the Clement Street area was on the list for City street improvement projects. Kullander stated that the Clement area is not on the list in the immediate future, however, the Cherry Hills neighborhood is. Commissioner Linnell moved to recommend a-�rail easement and the construction costs of a trail from the end of the cul-de- sac to Clement Street in lieu of the cash dedication. Commissioner Liberacki seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: l, RLLINGLASS Commissioner Kleinglass stated that he is not convinced the City needs the trail. . IVY HILLS PARiC Chair Spicer stated there is little the City can do about the quality of water entering the storm pond. Parks Project Manager Kullander auggested that the Watershed Management Organization would be the appropriate body to host the meeting requested by the neighborhood to discuss water quality and storm water issues. Chair Spicer stated this meeting hosted by the engineering staff should be a part of the Parks and Recreation Commission recommendation. Spicer stated that it was his impression that the neighborhood liked the landscape design plan if it includes lower bushes around the steep area on the north facing slope of the berm. Spicer stated these bushes should serve as a barrier both to the pond and to the concrete structures. The Commission agreed that bushes would provide the best screening in this area. Commissioner Linnell stated that he feels wetlands plantings should be done along the fringes of the pond, including cattails. The Commission briefly discussed engineering solutions to the flow of water into the pond. Commissioner Libra inquired if the trail along the top of the berm is a good idea in that it encourages people into the area where the wildflowers plantings may be impacted. The Commission was of the consensus to leave the trail in the plan. Mr. Hagstrom stated his impreasion at the neighborhood meeting was that the residents wanted the City to leave the area by the transplanted pine trees alone and that there should not be a community flower garden included in this area. Mr. Hagstrom stated he had spoke with a woman who used to maintain the flower garden this area and that she had stated she was no longer willing to do so. The Commission directed Mr. Hagstrom to ma.ke the following revisions: 1. Include bushes on the north facing slope near concrete skimmers. These bushes would act as a barrier. 2. Wetland plantings along the pond fringe. 3o No additional plantings in ��pine area�. 4. On east, northeast, wrap the prairie plantings back towards the existing trail and pine trees. 5. In the southwest corner of the park, on the south facing side of the berm, increase the amount of wildflowers including plugs to enhance this high berm area. 6. Stone steps to pond from path and eliminate turf . connection to pond on the north side. Prairie plantings shall be all away around the pond. Commissioner Norton moved that the Parks and Recreation Commission recommend that the City Council approve this landscape design with above revisions. Commissioner Damberg seconded the motion. AYESa 7 NAYS: 0 m The Parks and Recreation Commission requested that City staff have a water resource education plan article in the May newsletter and that we should use the two low maintenance designs in ivy Falls Park and North Kensington Park as an example of ecologically sound landscaping. BRIDGEVI� SHORES TRAIL Commissioner Liberacki stated he feels that this connection to Bridgeview Shores neighborhood is important and he feels the Parks and Recreation Commission should reaffirm the Task Force recommendation to include this trail segment in the construction of the signal light project. Commissioner Linnell inquired if landscape additions should be included with this trail construction. Commissioner Kleinglass stated that he feels the privacy argument is not a powerful argument and that this home is on the second busiest intersection in the City of Mendota Heights. Commissioner Liberacki moved that the Parks and Recreation Commission recommend that the City Council approve the construction of this trail segment as part of the Mendota Heights Road/Dodd Road signal light project. Commissioner Norton seconded the motion. The Commission discussed the option of extending the trail along Mendota Heights Road to Huber Drive to access the future school site. Commissioner Libra stated that the corner of Westview Terrace and Dodd Road should be reviewed for sight line safety issues. AYES: 5 NAYS: 1, NORTON ABSTAIN: l, LINNELL � Commissioner Liberacki moved to recommend that the City Council direct the Parks and Recreation Commisaion and staff to investigate the possibility of extending a trail from Westview Terrace to Huber Drive. Commissioner Libra inquired if this investigation should include a trail segment all the way to Delaware Avenue. Commissioner Norton seconded the motion. AYES: 3 NAYS: 3, SPICER, DAMBFRG, LIBR.A ABSTAIN: 1, LINNELL MOTION FAILS IIPDATES Commissioner Norton stated that the Dakota County Parks and Recreation Commission had hosted a meeting to discuss trail connections to Fort Snelling State Park at 4:30 this evening and this is virtually impossible for a working person to attend a meeting at this t.ime. Commissioner Norton stated she feels the topic of this meeting was of prima.ry concern to Mendota Heights and that when Dakota County schedules a meeting, and they want our Parks and Recreation Commission to attend, and that it should not be scheduled on the second Tuesday evening of the month. Norton moved that City staff write a letter to Dakota County informing them that our Parks and Recreation Commission is concerned about the lack of consideration of our schedule. Commissioner Damberg agreed. Commissioner Damberg seconded the motion. AYES: 6 NAYS: 0 ABSTAIN: 1, RLFINGLASS BFsTHEL BAPTIST CHIIRCH RSQIIEST The Parks and Recreation Commission considered a request for the use of Mendakota Park fields on Friday evening by Bethel Baptist Church, located at the corner of Highway 110 and Delaware Avenue in Sunfish Lake. The Commission directed City staff to work with the Church to allow this reservation for a fee of $10.00 per field. • � • ��t41�� There being no further business, the Parks and Recreation Commission adjourned its meeting at 10:30 o'clock P.M. Respectfully submitted, � Kevin Batchelder Administrative Assistant �• .� CITY OF MENDOTA HEIGHTS MEMO T0: Mayor, City Council and City April 12, 1995 Administr FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Workmen's Compensation Insurance DISCIISSION Included on tonight's claim list is our annual premium for Workmen's Compensation Insurance. The total billing is somewhat less than last year's. For last year, our base billing was $86,785, compared to next year's $74,899. The decrease is due to rate adjustments and a decrease in the experience ratio (1.14g to 1.06�). Our experience ratio is based on the three previous year's claims. This is the third year of the higher ratio due to one large claim. The ratio should reduce again.next year. We again have the option to use the experience base final premium. To date, including the 1994/95 refund we will have accumulated savings of approximately $85,000 through the refund option. I would recommend we again accept the option for the 1995/96 policy year. Based on our claims through March, we expect a refund for the current year of about $30,000. We also have the option to reduce our bil-bing an additional five percent or about $3,700 if we sign up with a"Ma.naged Care" group. When this option first was offered two years ago, there were no clinics which were available at a convenient distance. The number of clinics has increased, and we have two options which would be available: 1. Through Blue Cross - Aspen Clinic - West St. Paul', 2. Through Health Partners - Ramsey Clinic ��w�^'�.CQ�'K- We are exploring the options and costs of going with one of the Managed Care groups, and will bring back to the Council the preferred option. ACTION RL4IIIatLD Accept Premium Refund Option for Worl�nen's Compensation � renewal. LES:kkb •- League of Minnesota Cities Insurance Trust Group Selt-Insured Workers' Compensation Plan Administretor Berkley Administrators a memaer ot rh� Berkley Risk Management Services Group P.O. Box 59143 Minneapolis, MN 55459-0143 Phone (612) 544-0311 Self-Insured Workers' Compensation Ouotation (REf�WAL of Agreeaient No. 02-000012-14) MENDOTA FIEIGHTS 05/O1/1995 STREET CONSTRUCTION & MAINTENANCE RADIO OR TELE BRDCSTING ST.-ALL EES &C,D FIREFIGHTERS (VOLUNTEER) POLICE CITY SHnP & YARD CLERICAl. BllIIDING MAINTENANCE & REPAIR SKATING RINK OPERATIOiV PARKS MUNICIPAL EMPLOYEES ELECTED OR APPOINTED OFFICIALS OS/O1/1996 ESTIMATED DEPOSIT CODE RATE PAYROLL PREMIUM 5506 7610 7748 7720 8227 8810 9015 9016 9102 9410 9411 9.20 0.70 65.46 5.23 6.86 0.65 8.58 3.49 4.04 1.85 0.69 219000. 150000. POP 10514. 7160U0. 30000. 370000. 15000. 10000. 121000. 285000. 16380. Manual P�emium Experience Modification 1.06 Standard Premium Managed Care Credit Oti Deductible Credit O�G Premium Discount Discounted Standard Premium LMC I�surance Trust�bYscount 0% Net Deposit Premium 15768. 1050. 6882. 37447. 2058. 2405. 1287. 349. 4949. 5273. ]13. 77581. 82236. 0. 0. 7337. 74849. 0. 74899. The foregoing quotation is for a deposit premium based on your estimate of payroll. Your final actual premium will be computed after an audit of payroll subsequent to the close of your agreement year and will be subject to revisions in rates, payrolls and experience modification. While you are a member of the LMCIT Workers' Compensation Plan, you will be eligible to participate in distributions from the Trust based upon claims experience and earnings of the Trust. If you desire the coverage offered above, please complete the enclosed "Application for Coverage" and return it and your check for the deposit premium (made payable to the LMC Insurance Trust) to the Plan Administrator, Berkley Administrators. , BA 441CG (12/92) Leagu� of Minnesota Cities Insurance Trus# Group 5elf-Insured Workers' Compensation Plan Administrator Berkley Administrators � . Member of ihe W. R. Berkley Group P.O. Box 59143 Minneapolis, MN 55459-0143 Phone (612) 544-0311 �Li_ � �.' � ��y�►.� !� �'' � '� �)►L ! '. 1 1 1 1 1 1 1 1 The "Gity" ' Agreement No.: ��_�4412-15 MENptiiA HEIGHTS ' AgreernentPeriod: Fram: To: osiaiii9vs 114! VICT�RIA CURt1E 45101119Rb MENDOTA HTS MN 55118-0000 E�closed is a quotatian for workers' compensatian deposit premium, Deductible aptions are now avaiIable in return for a premium credit applied ta your esiimated standard premium of $ . The deductible will apply per occurrence to paid medical costs only. There is no aggzegate limit�2� • As an altemative, cities with a standard premium in excess of $25,000 may select fram several retro-rated premiurn options. The final net cast under the retro-rated op#ion equals the audited standard premium times the minimum factor plus losses and all loss-related costs, not to exceed the audited standard premium times the ma7c�imum factar. The net cost for each retra option based an your estimated payroll, would be between the minimum and mau�imum amounts shown below, depending upon your losses. Adjustments will be made approximately six months after the close of your agreement year and annually thereafter unt�l all claims are closed. These adjustments will be based on audited payroli amounts and reserved as well as paid losses. Please indicate belaw the premzum option you wish ta select. Yau may choase anly ane and you cannot change options during the agreement period. . OPTIONS 1 ❑ Reguiar Premium Opiian Deductible Options: Deductible per 4ecarrence 2 ❑ $250 3 ❑ 500 4 ❑ 1,000 s I� 2,soa 6 ❑ 5,000 7 ❑ 10,OOQ Premium Credit �% 4%a 5% 9% 12% 17% Retrospectively Rated Fremium Options: Retra-Rated �Vlinimum Factar $ (� 52.9%a 9 ❑ 49.9% 10 ❑ 47.3% Est. Minimum Premium 43503. 41036. 38898. Credit mount 1645. 3�89. 4112. 7401. 9868. 13980. 1Vlaximum Factar 130%Q 14Q% 150% _� �1ET DEP4SIT PREMIUM 74899. 73254. ?1610, 70787. 67498, 65031. 60919. Est, Maximum {See#1 above Premium far net deposit 1 Qb947 . Premium} 115130. 123354. This should be signed by an autharized representative of the city requesting coverage. G►neaf the above options must '� selected. Piease retarn a sig�ed copy af this notice to the Administratar with payznent and make checks payable :he LMCIT. ��U��.�_- �..� ��-.��: -� /iG I �-5-' Signature ` Title Date For more informatian on the premium options that apply to your city, refer ta the enclosed brochures. BA 4503CG (10I94} J '� r CITY OF N�sNDOTA 8i3IGHTS '��T• April 13, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Adminis SIIBJECT: Police Department Letter of Commendation DISCIISSION Attached for your information is a letter of commendation to our Police Department from the Dakota County Attorney's Office. While we receive many letters of thanks from residents who appreciate the fine service provided to the community by our Police Department, this letter, I believe, deserves particular note. Thankfully, violent crime ia infrequent in Mendota Heights. Thus, the armed robbery of the McDonald's Restaurant located on the corner of Dodd Road and T.H. 110 on July 1, 1994 was particularly disturbing to us all. As described in the attached letter, our Police Department responded to the scene immediately and although they were unable to directly apprehend the perpe- trator, several important items of evidence were gathered�from the scene by Sergeant Mack. Working with this and additional evidence gathered during the course of the investigation, Sergeant Wicks was able to develop a strong case which led directly to the offender, Mr. John Paul Wuchko. Based on the thoroughness of the inveatigation conducted by our Department, Mr. Wuchko could offer no defense for his actions and plead guilty to the charges brought against him. Such a plea is most unusual given the extended lengthy prison sentence (112 months) Mr. Wuckho can expect to receive when sentenced on April 25, 1995. Our Police Chief, Patrol Officers, Investigators and Staff are exceptionally well trained and highly motivated. I am very proud of the work our employees perform on a day-to-day basis on behalf of our residents, and would ask that the City Council join in acknowledging this work, as particularly evidenced by the attached letter from Dakota County. ACTION RLQIIIRED Acknowledge receipt of the attached letter of commendation from the Dakota County Attorney's Office to the Mendota Heights Police Department with regard to their exemplary work on the McDonald's Restaurant armed robbery case. - , .� ° ! ,! .. OI=�1-�ICC Oi~ DI�KOTi'�. COUN"I`Y tlZ�"I'QRNCY � J�M.C� C. Bt1�.CKSTI�OM " ��•� ��- :;� CUUN"I'Y /�"ii"U(ZNLY �� ,� ��.+; I r,ikul�i (:��unl�' J�islic•h�l c:rnlc•r 'I`t:lc•��luattc tr,s�tz ��c•�� it;��.��• , . �riz� •�:3�•��ss i i�r�;ti�e};5. hti�islc��:iH;i :>t):i:;�?:;S)'.s. C'liarlts A, C)3Crt�e?r. C'htcf i)cputy March 22, 199� CHIEF DENNI5 DELMONT MENDOTA HEIGHTS FOLICE DEFT 1101 VICTORIA CURVE MENDOTA iiEIGHTS MN 55�.18 Re: State of Minnesota v. John Paul Wuchko Our File No: 94-0893 Dear Chief Del.mont: I would ia.ke �o take this opportunity ta compli.ment your Department, and in partiaular Sergeant Wicks, for the handla.ng of the abave- referenced case. Mr« Wuchko is the individual charged wi.th rabbing the McDonald's restaurant in Mendota Hea.ghts and terrorizing the emplayees and customers with a saw-o�f shotgun an July 1., 1994. . This is one of those �rare cases that wauld have been an actual pleasure ta take to triai. The evidence gathered by your Department presented me with an arsenal that woul.d have been virtually insurmauntable to any defense. Your officer� quickly responded to the 9].l call�, identifi.ed the witnesses and obtained preliminary statements fram them. Near the scene af the ro�bery, Sergeant Mack recovezed a jacket later used to �identify the Defendant and a late� glave which was later found to have the Defendant's �ingerprint insade one of the fi.ngers. Sergeant Wa.cks was able to locate the source of the Defendant�s transpor�ation, clothing and even obtained a pic�ure oF the De�'endant holding the shotgun. Sergeant Wicks also arganized a in-pearson line-up at the St. Paul Police Department, during which four eyewitnesses independently identified the Defendant as the person who rabbed the McDonald's. Sergeant W3,cks' searah o� the Defendant's motor vehicle and living area a].so revealed the presence af clothing matching �hat of the robber and a quantity o� latex surgical gloves. on March 14, 1.995, Mr. Wuchko plead guilty to the McDonald's robbery and is scheduled for sentencing on April. 25, 1�95. I anticipate Mr. Wuchko will receive a sentence of 112 months in prison., pursuant to the Minnesota Sentencing Guidelines. Wi�hout the strong case prepared by Sergeant Wi.cks and your Department, Mr. Wuchko probably would have gane to trial, knowing he was facing such an extensive prison t;rimin:�l [)I��i�i<m i•itili�� 1S. i'ttikr��tn\�'It"T. �s � tf �n+ �.....� �nn.��..m Jcn•rn{Ic a:ttt ['�uilly Scrt9ccs i�i�•isi<�n CIti•11 Ui�•islo�� i)crii�d�! ti. i3rt�rc�. lir•titl i:a�i'c•�i;i. Srit.�itrr. tirati I>irrric�r cif Aclmini�tnrlicin �'irtimn�'itncss tltx�rdin.itor \c�s�riti.l. l.d�c•1 t't�i�ic•i:� it<�i�i:c•�ti �n i'��u:d �t�qvninnii�• I�nqd„�•�•r ..�c'.p'ra.(7 r .-� - . .� Chief Dennis Delmont Page 2 March 22, 1995 sentence. Please extend my compliments and gratitude to Sergeant Wicks and the rest of your staff. Sincerely, JAMES C. BACKSTROM ` DAKOTA COUNTY ATTORNE • { ; ' ✓ �• � • .. .•� .��//,.�•��!L•C� .. ,� By: �Lawrence F. Clark Assistant County Attorney LFC/bjt � CITY OF MENDOTA HEIGHTS MEMO April 14, 1995 TO: Mayor, City Councii, City Adminis FROM: Kathleen M. Swanson ; �,ti,.S City Clerk SUBJECT: Computer Equipment Purchase � •-� : • Included within the 1995 Administration budget is $5,000 in funding for the purchase of two computer systems. The purpose of this memo is to request authorization to purchase the budgeted equipment. � • In 1994, we began a program of replacing obsolete computers. Four computers, including a new server, were purchased early in 1994. It is proposed that finro �of the four remaining old computers be replaced this year. We have requested quotes for two 75 mhz pentium computer systems from three vendors, Crabtree Companies, Krechs Business Systems (formerly Spectrum Computers), and PC Express. During the past year, much press attention was given to a"defect" in the early generation Intel pentium processors. Intel has corrected the problems, and over the past months, the processors have been proven to be very reliable. I have no reservation in recommending the purchase of pentium systems. The quotes from the three vendors were very close in price - the lowest and highest quotes were only $141 apart. The lowest quote, Krech's, was $2,275 for each computer. PC Express was $2,319, and Crabtree's was $2,416. (All exclusive of sales tax). I recommend purchasing of finro Pentium computer systems from the low bidder, Krech's Business Systems for its low quote of $2,275 each plus tax. ACTION REQUIRED If Council concurs in the recommendation it should authorize the issuance of a purchase order to Krech's Business Systems for $4,550 plus tax for the purchase of two Pentium computer systems. CITY OF MENDOTA HEIGHTS �� Apri114, 995 To: Mayor, City Council and City Admini t From: Kevin Batchelder, Administrative Assis Subject: PrimeNet Data Systems, Inc. Landscape Plan Approval DISCUSSION Ia the Fall of 1994, Ciry Council approved a Site Plan and Building Permit for the development of PrimeNet Data Systems, Inc. on Pilot Knob Road. At the time of site plan appmval, the landscape plan was not available for review and approval and the City Council requested that when it was prepared that it be brought back to Council for approval. In November, the developer requested a Site Plan revision to realiga the parking lots and the grading in front of the building along Pilot Knob Road. This caused adjustments to the grading and the landscape plan, which had not yet been approved. Mr. Dale Glowa has submitted landscape plans for the PrimeNet Data Systems, Inc. site for City Counc�l review and approval. (Please see attached plans.) Upon review, I have the following comments: 1. As required by the Ordinance, the row of parking that faces Pilot Knob Road is fully screened from view by a berm. This berm area is actually a slope that was left intact and includes many mature trees that were saved. � 2. The Council had requested that the truck dack area be screened from the residences to the north of the property. There are many existing trees that were saved along ttus property line and the developer is proposing to plant an additional 15 six foot (6') spruce trees along the property line north of the dock area. 3. The landscape plan addresses the revised grading in the front of the building along Pilot Knob Road. The grading and the parking layout were revised in November in order to save trees and take advantage of the topography of the site. Mature trees have been saved in this area, including four large spruce trees near the front enhance. Mature trees have been saved in the parking lot islands through the use of retaining walls. In all, there will be existing trees left intact on the northwest corner of the site, along Pilot Knob Road, at the front entrance to the building, in the parking area, along the south property line and in the southwest corner of the site. 4. The areas of the property with sodded turf, landscape bushes and perennial gardens will be irrigated. 5. The truck dack area is visible from Acacia Bridge and from the frontage raad in front of Larsan's Greenhouse. This northeast corner af the site is lower in grade than the rest of the PrimelYet site and it may nat be possible to screen fmm this directian without some very tall trees. Ia general, this landscape plan is consistent with the landscaping found at other developed sites in the industrial park. This plan incorporates many mature trees that e�cist on the site that were saved alang the boundaries of the praperiy and through the revised grading and parking plan. The appraach to the front of the building fram Pilot Knob Raad 'uiciudes existing mature trees and grades that screen the parking areas, as well as new landscape gardening around the frant entrance. The residences to the north will be screened from the truck docks, as requested by Council. ACTION REQUIRE,D The City Council should review the Landscape Flan for PrimeNet Data Systems, and if the sa desire, they should pass a motivn apgraving the iands�;ape plan. � LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL April 18, 1995 Asvhalt Contractor License Arcade Asphalt SVAC Coatractors License Crown Heating & Cooling, Inc. General Coatractors Licease Intext Minnesota Builder & Designer Inc. Performance Pool & Spa Plaster/Stucco Coatractor Licease R.M. Nelson Stucco Inc. Tree Removal Coatractor License The Tree-Stump Co. �-� � f:?�:�?t'; ��{:� ibC?: `L . . : ;e i; y� •� - :'*i ; y ±, ' , - . = =. 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DdkOtd Bdnk ' " .15212 15,233.78 ' '"• ' • • " 15213 46,527.66 Pay1�o11 a/c �� 15214 � 58.76 Accent Floral Dr.Chao. 15215 249.84 Rddison-Suites Rolice chiefs conf 15216 250,00 N��nn COP Ed� �und " ' • .15217 120,000.00 CdpitoT•Title Corp Re Mendota homes 15218 � 169.00 Tim Lundahl Recr program 03, 089. � 9 � ' G,T. •444,364.97 �) � t_.� „ , � �� ---------------_.--- -- . -. .___ .�__---•--. . _....----._.-- . ----•-•---. --= ------------ •-•--•--- ---- --------_-�-��._.,_ _ _- _ .-----•--• ---_• - - _--------•---- -------------- CITY OF MENDOTA HEIGHTS MEMO T0: Mayor, City Council and City FROM: SUBJECT: DISCIISSION April 13, 1995 Administ t Kim Blaeser, Senior Secretar��f`� Shelli Heinsch, Recreation Programmer Celebrate Mendota Heights Parks! Contingency Planning The Steering Committee for the community celebration has been making progress towards hosting the Fourth Annual Celebrate Mendota Heights Parks! which is scheduled for July 22, 1995. Many details have yet to be worked out, but it appears that we will have an afternoon of stage events and activities at Mendakota Park. Many of the same activities that were held last year will be repeated such as a family fitness walk, youth softball tournament, soccer exhibition games, fire truck rides, bands, concessions, balloon walk, children games/activities, face painting, etc. The Steering Committee intends to again rely on donations and volunteer support from the community to pull off this event. The Steering Committee again has the support of the Fire Department, Ladies Fire Auxiliary, local businesses and resbdents, as well as various city officials. Fund raising efforts are underway and advertising for the celebration will soon begin. For the past three years the Steering Committee was able to rely on the City Council for seed money in order to schedule and reserve music acts and pay deposits on rental equipment that is needed. (Please see attached accounting). Donations were able to pay for nearly all the costs in the past and it is the Committee's intent to do so again this year. The Steering Committee proposes that•City Council authorize expenditures of up to $2,000, from the City�Council budget, for contingency purposes with the intent that donations will reimburse all expenditures. ACTION REQIIIRED Consider authorizing $2,000 for contingency purposes for the Annual Celebrate Mendota Heights Parks! event to be held on July 22, 1995. 5�� '�- `� c9� �� CELEBRATE MENDOTA HEIGHTS PARKS! Third Annual - July 23, 1994 Revenues Cash Donations from Sponsors Twenty $10 Gift Certificates from Mendota Plaza $ 1,945.00 City Council Appropriation* 2 000.00 Total $ 3,945.(}0 * The City Council appropriation money was intended only to be seed money with the intention that donated funds would be used to fund the event. Expenditures A to Z Tent Rental - Three tent tops Teddy Bear Band - musical group Eclipse Music - P.A. System Broadway Party Rental- moonwalk May Fly Band - musical group Jim Flagg - Magician Door Prizes - Field Events Biff's - 3 port-a-potties Postage Knox Y.umber - Raid Yard Guard Ad Print - T-shirts for Family Fitness Walk Posters, stationery, printing Fun Characters - Clown/Face Painting Donations Expended Council appropriation expended $ 402.50 $ 350.00 $ 76.68 $ 192.23 $ 125.00 $ 100.00 $ 24.00 $ 141.78 $ 22.50 $ 71.79 $ 300.00 $ 91.90 162.00 Total $ 2,060.38 $ 1,945.00 $ 115.38 � 1' CITY OF MENDOTA HEIGHTS Apri114, 1995 TO: Mayor, City Council and City Adminis FROM: Marc S. Mogan, P.E., Civil EngineerMSt� SUBJECT: Friendly Hills and Surrounding Area Impmvements M.S.A. Project 140-106-01 Job No. 9221 Improvement No. 92, Project No. 6 DISCUSSION: Nine bids (see attached resolution) were received and opened on 1�uesday, April ll, 1995, at 1:00 p.m. for the Friendly Hills Street Reconstruction project. The low bid was submitted by Valley Paving, Inc. Their bid was less than the Engineer's Estimate of $1,265,323, and is consistent with the budget amounts presented in the feasibility report. The Northern States Power Company (NSP) has informed us, and will be notifying property owners, that the natural gas distribution system reconstiuction project they have planned in the neighborhood will commence within a couple of weeks. The existing natural gas main, including some residential services, will be replaced and gas meters will be relocated outside the home. �-. Although certain aspects of our project have been reviewed by the Mun%ipal State Aid section of Mn/DOT, the bulk of their review will not commence until Apri117th. We are hopeful that this review, and any plan revisions which may result, can be resolved in the next couple of weeks so that this project could be under construction by the middle of May. The Contractor informed us that it would be their preference, and that they would be able to commence construction on this project by that date. � Valley Paving, Inc. has not done work in our City as a prime contractor, but has been a subcontractor on other projects in the past and does satisfactory work. Valley Paving, Inc. was presented the Sheldon G. Hayes Nationwide Award for paving presented by the National Asphalt Paving Associaton for their work last year on I-35E in the north metro area. RECOMIVV��NDATION: I recommend that Council accept the bids and award the contract (contingent to State Aid plan approval) to Valley Paving, Inc. of Shakopee for their bid amount of $1,176,982.78. ACTION REQUIRED: If Council wishes to implement the recommendation, they should pass a motion adopting Resolution No. 95 =,RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAINS, STORM SEWER AND STREET IlVIPROVIIVIENTS TO SERVE FRIENDLY HII.LS REARRANGEMENT, HASELBURGER ADDITION, SIlVIEK REARRANGIIV�NT AND SURROUNDING AREAS (IlVIPROVIIVIENT NO. 92, PROJECT NO. � MSM:dfw Attachment "\ f City of Mendota IIeights Dakota County, Minnesota RESOLUTION NO. 95- RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WAT'E;RMAINS, STORM SEWER AND STREET IlVIPRO`'EMENTS TO SERVE FRIENDLY HILLS REARRANGIIVIFIV'r, HASELBURGER ADDITION, SIlVIEK REARRANGIIVIENT A1VD SURROUNDING AREAS (IlVIPROVTIV�NT NO. 92, PROJECT NO. � WHEREAS, pursuant to an advertisement for bids for the proposed construction of watermains, storm sewer, and street improvements to serve Friendly Iii11s Rearrangement, Haselburger Addition, Simek Rearrangement and surrounding areas (which improvements have heretofore been known and designated as Improvement No. 92, Project No. 6), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER Valley Paving, Inc. 5hakopee, MN Danner, Inc. Inver Grove FIeights, MN Northwest Asphalt, Inc. Shakopee, MN Tower Asphalt, Inc. Lakeland, MN Bituminous Roadways, Inc. Inver Grove Heights, MN McNamara Contracting, Inc. Apple Valley, MN Ryan Contracting, Inc. Shakopee, MN Ace Blacktop, Inc. Inver Grove Heights, MN Hardrives, Inc. Plymouth, MN and $1, �2.78 $ ,187,601.85 $1,243,961.14 $1,291,345.20 $1,298,561.75 $1, 304, 657.85 $1,357,310.95 $1,370,050.95 $1,394,231.92 WHEREAS, the City Engineer recommended that the low bid submitted by Valley Paving, Inc. of Shakopee, Minnesota, be accepted. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Valley Paving, Inc of Shakopee, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Valley Paving, Inc. of Shakopee, Minnesota, contingent upon Muncipai State Aid approval (M.S.A.) and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 18th day of April, 1995. CITY COUNCII. CITY OF MENDOTA I-iEIGHTS : ATTPST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor "' \ p r � � CITY OF MENDOTA HEIGHTS �� Apri113 995 To: Mayor, City Council and City Admini t From: Kevin Ba.tchelder, Administrative Assis t��\ Subject: Bridgeview Shores Trail INTRODUCTION At the March 7, 1995 City Council meeting, the Council requested that the Parks and Recreation Commission hold a Neighborhood Meeting to provide all interested residents of Bridgeview Shores an opportunity to discuss a pmposed hail. The proposed trail is an eight foot (8') bituminous walking trail that was added to the construction contract for the Traffic Signal Light project for the Mendota Heights Road and Dodd Road intersection. (Please see attached map. ) The traffic signal was installed as the result of the work of a Task Force that consisted of a group of local residents, school representatives, aad city officials who worked with MnDOT representatives to provide a traffic signal at this intersection. This Task Force included some Bridgeview Shores residents. The Task Force recommendation also included a proposed trail that would extend from Westview Terrace to Dodd Road along the north side of Mendota Heights Road. The City has held off on the trail construction until Spring to address concerns of the immediate neighbors who would have this trail adjacent to their rear�ards. Abu and Florence Islam, of 810 Westview Circle, and Garry and Barb Ruhlmann, 8�16 Westview Circle, had asked the City Council to cancel the trail portion of the project because they feel it is unnecessary, unsafe and would invade their privacy, if constructed. (Please see attached letters from the Islams and Ruhlmanns, as well as staff correspondence and minutes.) Now that the Spring construction season has amved, the contractor for the project desu�es to commence trail construction. The City must decide whether or not to delete this proposed trail segment from the construction contract. The Parks and Recreation Commission held a Neighborhood Meeting for this proposed trail at their April 11, 1995 meeting. Mailed notice was sent to the entire Bridgeview Shores neighborhoad and both the SunCurrent and SouthWest Review published announcements. (Please see attached.) The Islams, the RuhLnanns and Mr. Norm Linnell, of 2488 Bridgeview Court, were the only residents who appeared at the neighborhood meeting. The Islams and the Ruhlmanns are adamantly opposed to the addition of trail in the right-of-way adjacent to their rear yards. They stated they would lose privacy, property value and that the corner of Westview Terrace and Mendota Heights Road is a dangerous intersection for pedestrians because of sight distance constraints. They feel that if safety is a concern then the trail should elctend all the way along Mendota Heights Road, through the rear yards of other neighbors. The Islams also feel that tlus trail was added to the project in secrecy, as the Task Force never discussed the trail with them and that they were not aware of its addition to the Signal Light Project until survey stakes were in place. Mr. Norm Linnell spoke in favor of the trail and felt it would benefit the neighborhood children by providing safe access to the Dodd Road/Mendota Heights Road intersection where there is a striped crosswalk on the north side of the intersection. Mr. Linnell feels that this trail section would provide safer access for walkers, bike riders and roller bladers than crossing Mendota Heights Road to access IIodd Road. The Pazks and Recreation Commission understood the concerns of the Islams and Ruhlmanns, however, they felt the benefits of the trail outweighed any perceived impacts. They were not convinced that there would be a loss of privacy or property value and felt that the trail would provide additional safety for the pedestrians and bicyclists in this area. The Parks and Recreation Commission felt the Engineering staff should review the corner of Westview Terrace and Mendota Heights Road for any sight distance concerns. The Parks and Recreation Commission discussed a recommendation to have City Council direct a study to extend the trail the length of Mendota Heights Road to Huber Drive, however, a motion on this recommendation failed on a 3-3-1 vote. RECOMMENDATION �l The Parks and Recreation Commission voted 5-1-1 (Nay: Ann Norton, Abstain: Stan Linnell) to recommend that City Council reaffum the Task Force recommendation to construct this trail segment and allow the contractor to proceed with construction of the trail. ACTION REOUIIiED Consider the proposed Bridgeview Shores tsail segment that was included in the Signal Light Project for Mendota Heights Road and Dodd Road. If the City Council desires to implement the recommendation of the Parks and Recreation Commission, they should pass a motion to approve the constxuction of this trail segment. i ' E � } �� f � � � � � I 1 - ,� - � .��. � � . t � f,� . ,y � /f �.1 $ � �� / .�o�fl 1 ��. � , e � �! . 1/ � 1 s , � / a� � � ,�� . � � � � j1 � , ..�.. ,.� ,f' �,.,,. ---- �., � � a �� Q I � � � t ..-�... ,� 1f � �. -, ..� �� `- :•�,. ,� ,� ,,�, f � J � �--�... �/"� �- � �BU9� i �� i ,/ �-_....�.'. ,� .,• l . W'��U��...J c�Rc�� . f � � � ".r� "ti.�.� ."�nn,r "``. � \ 1 t R ` � (f)��% � �' � �'"� � �w �'" � � � � � `'' �` `''''�,,r► ` � � � r � ( �. � ' „ � �`�,.. � � M � � ` ..,... ...+.,,.. . �. �� ti /_i _ _ ^ ,! .� �. � `:"^"' -- •`- :�:.,. ., � � i 34- . e J'� '"""" � """"~ M6s.tDort�. ttc�GtttS �A f% ...,..,,. '�"� ��`"'"""-�_— � -----..______ _�-.— I� j � . B 1 Iei ' � � / �ri - • ..,.,.._.....- i' � �l �_ — — f ___--- f J — — J"1 t 1 '' � � � � ,� i r� �r� �"�r �"�� _'�"� �� ------�' �` ......-, ....-- �R'--�'--_- ^ � 1 �-- ,.�- ._..- -.�.... 0 March 29, 1995 Mr. Kevin Bachelder Administrative Assistant City of Mendota. Heights 1101 �ctoria. G�rve Mendota Heights, MN 55118 � Dear Kevin: r� L L� � ,� L� � r r Thank you for sending us the note to inform us of the meeting of Park and Recreation Commission We are looking forvvard to the meeting and hoping for a positive outcome. As per your suggestion we are enclosing a couple of picdues for submission as additional inforniation to the Commission. One photo was taken from our bedroom and the other one from the lower level patio/dining family room area.. We are sure you can see the pictures substantiate our concern of loss of privacy due the proposed trail. Once again thank you and see you on April l l, 1995. Sincerely, r-• ,�V '��' / Abu & Florence Islam 810 Westview Circle . Mendota Heights, MN 55120 �'-�:.J�'�L. � . ,- -��0' �.3 ` .'. . ��. =ti••�►:�: 'w�,l ��`a�,''' � � .�.y, r ,��.i�! M.M .� N�1�"�. � l � ' ''~ � .�� . ?rf .- .tc - �+=� � >_ � �++s.,. �►�. .w -•�, ��. .. � f � � r3�� . � :�i..+�'��..c. rX 3� �, . r'-w'"-a�.v ...-_ ��!-i..'t-'=';� � ,.,' "" .t, �rlw'„�wi� . _i,: � _' s4: J` •J'!i:f.'.�.":aY.H. ,siw�'>• _' ' .�.�i'. �.� rn\w?# li � ..�,L`^'b?'�� J��,S+fk�;'� :t�� ._ .;-��t r+._ �t�`': �.��'�.;a� � "�'� - � -�!!�, 't•-'1 .7 . '; ' .,�y��; ; , ; � � » . 3r; :c� t,.'��i ,. _ r. . . . 'i � .y r�i . , :4.:x; ;�• .•: �:. .. • �'.��' �� " � :>;�r . - : . ��...�y. �.'' t. .', .- _ •� � e. •�ra.as�� ;•.��.w>'::�a� F:� �Y�� "' � �... yW+_ ++�K� i - ... 1 � y� `. 11.� .•n 7`�*� o. � : . � : 4 .i {• � .. rulfr'V �� Y l......�1�� , �� a: �^��.,,C� - '� .,�, � _ ;^,: � , >- =•�6l• • • �.; - , J�,.�q -� , - �• ,i � t ' ,-�-- �' i' .r� �y ...':.'.: .. ' •:�.,''N .i; fi.� � � �+.. n' � ry � ' , _� � . . �,�y,� y '..�.�' . -.i� ' ,' �'tr�"'i.r"�',e.t. . i �- � M �.�•,�r i�.tr� K ♦ ' "�� i �•.'y'y',i•tyL Y1^ y� .� ,%a�Nw la..� ��'Z - 7.. .1 Y� i {.+ �.. t .j1 1��ooh:.Y�'� :..... �.�; .s� tr'� r~ y�• b��;• '• }'J��i�J:lrr^�F�4� :.; • }. • ' y V�:.•.�..d.)i_ :s'�.� % "'� � .r =.J.. _ � '•� ..,--�•�'__"`^' ... "�' a�<'� 1 �•�: ' • ,'ra��i.��}�� r`IA� � '� � •%e � • �?0:�•' . • .�. . '� 1es , ` .{, • v1. � _ �/' , •,.. J� �.^ ' r ��1 . J[ � :�,^�t� ..1i�• ti��/�' ,• y "'2_' s,• -'.'�SiSW��'. �•.Y� �•y ,.•»•• !��,�+.�,.. � ;, y , r�.�yr . G. .7anuary 29. 2995 Mr. Char2es E. Mertensotta - Mayor City of Mendota Heights I201 Victoria Curve Mendcta Hei�hts, Mt� 55118 Qear Mr. Mertensotto: �'��.-- ,� j q� . _ .¢ ,--�, - � yy� �'�r �~ This letter is a�o2lo�r-up to tha taa 3.etters �rritten to Mr. Bachelder e�t�d Hr. Danielson re�ardinS the trail o� ci�y properiy at the baok aF our house. Whi3e awaitir�g an offieial response on the matter fram the Ci.tv. we thou�'ht we would write to you abaut our reaeti.an on the proposed trai2. As evident from our 3.e�ters (copies a�taehed) ta the CitY we are tota2�.y apposed to sueh a tre.il. We wou2d not have bou�ht this house if we had knoan that there wauld be a trai3 at the back of the hause to rab all of our privaoy. This also in e�'Pec� wi.11 loaer our proparty value. Last Ju2y we oa.11ed thQ CitY to �et permission to plant some shrubs around �i�at area. We got the permission ta plant. which we did. Fven at th$t tims nathing �as mentior�ad a.baut the trail. It seems Iike the proposal was pass�d in secrecv s� ihere wac�ld be no abjeetion. � l�e find it very ob.iectionable that the Ci�+jr�' would decide on the trail without having discussed this with the property owners who are adversely affeeted. Moreover. there is alresdy a trail on the other sa.de af the road and we do no� think publie saaneX shau2d be �rasted building another ane just for r�ne iamilY. Ffe hope tha,t �au will suppart aur positivn �nd rule aut the decisian ta build that trail. � Sincerelv. `�._ !" r � Abu and Flarence Tslam 810 WestvieW Cirele Mendota Heights MN 55120 Tsl.: 6$1-9070 , . ;, October 1'7, 1994 M'r. �Cevin Batchelder CiLy of it�Ieadota F�eights 1101 �ct�oria Curve Meadota, Haights MN 55118 D"ear Mr. Bat�cfielder. f3n Friday, Uctober 14, 1994, 4VG �� t0 aD Ctt,glri�t' fi�01i1 tS2� CI�" I1�� clliliIlg �I� �7Cdff1C light at tita iniersection of i7add and Meudata Haig�ts Ra�,d. Duriag tha �sioa, to our swcprise, w� found out tbat the dty is gca�ing ta � a b�c tc�i1 ou the giece of Iaud bebiad our t�,ck yasd. As we �aid tbis w$s a�big s�uPrise as wa wero u4wcr ua�. abont this. 4ur next doar neigihbor, Barb Ruhlmazm, bas beea h�ra for over two years and she was not awar� of this ica� either, ' Bvea though tiu� bii�e� trail wi11 be on c,iby prop�riy it is gaing to have a t�+emendous impact on th� privacy af the houses ia this at�. Peaple bilaug and wa3kiag in the trail w�l. have a cl�ar vicw of mast aF the �moms aud of cours� the dxk areas. Besides wa believe this ta bc an unneccssary axpc�nse for the City of lt2endota Soights. There is a tfail on the other side and it is not incanven'reut for us to cross to is when we need. to. There is na need far anot�er traii, . A.s stated earlier this is citY P�P�nY and it is at their dispasal as to what they want to do with it. But we beiieve o�r ta�c money can be beiter spent than to build a second trai,l. We certainly hape that the City Council wi1l recc�nsider theu decision.�,f you have any questions please contact us at 683-2951. Sinc�rely, �.._(�,��-��^`! � Abu 8c Florence Tsiam 810 Westview Circle Mendota FTeigfits MN 55120 � 0 ti r •� October 28. 1994 Mr, James Danielson ! Public Works Director City o:E Mec�dota Hei�hts 1101 Victoria Curve Mendata Heights. MN 55118 Mr. Jauzes Dsnielson: We wauld like �a take this opgartunity to thank you ior agreeiag to come and see us on Novembcr 9, 1994 regardin�' the trs.il on Mendota Hei6hts Road.. We would also like to thank Mr. Revin Bgtcheldar for =eplying to aur letter. As evident from our discussions with you 3.e�ter esrlier ue are tota3.ly oppased to this trail. Mr, BQtchelder ia his letter nated tha�t ene of the residents af 8ridgevie�r Shores is a mea►ber of the task force Which formula�ed the proposal far the trail. t3f eourse this residen� has no problem Iobbying for the t=siI because it daes net afiect his property. �Te �rou2d nat have a prob2ett� ii this trail Aas in front ai our house where we do not spend gay time. But our house is designed and built in such a�ray ahere all the activities are at the back af the hanse faeing Mendota Hei�hts Road. And there are large windows on that side aP the home. 0 -y;,�. Henee this prapased trail system will rob us of our priva.ev snd useful usage of oar proper�y. It still amazes us to think that we whti are goa.ng to be most affeeted by this trail were nat cansulted and the decisio� w�s �ade by the_ ..... .__ task force and residents in totsl disregard ta our concerns. It is our hope that when you.come to visit us yau will see hoW a trail above the level of our hauses in thi.s area will nat only take our p�3v�.CY awaY but in the Proeess wi21 also devalue our property. �Ie are not ready to accept either af the two. We moved ta Mendota Heights from Eagan crith a commitm�nt of bein� long teria residents. We hope tha� you wiil suppart aur position and are looking �orward to meeting with you on Navember 9 at 11.30 p.m. Sincerely, � ••" s �.� . .� i �'C_ �. f c:' �J Mr. and Mrs. Garry 816 Westview Circle Mendota Heights, MN February 12,.1995 Mayor Charles Meztensatto Mendo�a Heights City Hall. 210i Victoria Curve Mendo�a Heigh�s, MN 551].8 Dear Mayar Mertensotto: Ruhlmann 55120 We wauld like to express our opi.nion on the path being proposed between Dodd Road and Westview Terrace on the North s�.de of Menaota iieights Road. The pabh wbuld be adjacent to the length of our backyard. We learned abou� the path the day the city came out • to stake it out in the Faii of 1994. We feel�the path �ras just dumped on us. A member'of the oity councii told us that the path is for our neighborhood. Sut as we all know the opinion of a fev i.s not necessariiy the opinion of the majority. We �rere never noti.fied or asked. We do not want it. Secondiy, we do not see a need for it. We were toid that the path was for young peogie to waik ta and from St. Thomas and Yisitation. We have three boys who may attend St. Thomas Acadezny, but since they woul.d use it only a couple of years and there is already a sidewa2k on Mendota Heights Raad we cannot justify a new path being built. �..:,� Thirdly� the locatian far a path is in�ersection of Mendota Heights Road and is blind to cars due to a dip in Mendota of the intersectian. Now a path wi21 be same intersection which is also blind to or joggers coming eas� on the path. terrible. The Westview Terrace Heights Road east coming into th� a view of waikers I;� we were allow�da request, we would recommend using the money :Eor a row of evergreen �rees alang the east side of Dodd Road, north of Mendota Heights Road to affset the stopped traffic due to the stop iight•- say for about 500 feet. Thank you far your time and atten�ion to this matter. Sincerel.y, � � a� Garry�a`hd Barb (.!'s - �11'� Ruhlmann Octaber 2S, 1994 Mr. Garry and Ms. Barbara Ruhl�mann 816 Westview C%x�c1e Mendata Heights, MN SSi20 Dea�c Mr. and Ms. Rub2mann: Ti�wk you for your leiter of October 21,1994 expressing Yaur oonc�m abaut a pmposed #ra� along the north side of Mendota 8eights R,oa�d tt�at wouZd abut Y�' P��Y. I understand yowr ooncerns and this Iet�r will attempt to address some of t%e issnes raised in your letter, The trail that you ha.ve exprirssed concems about is pmpased to be installed in the public right of way along the north side of Mendota Heigbts Road firom Dodd Road ta the fust entrauce t4 Bridgeview Shores neighborhooci, which is'We�.vi�w Te�aac;e. It is pinposed tu be an. eight foot (8') bifvmiun�s tra� that wauid be installed as part of tt�e Traffi�c Si�gnal Projeat slated for Mendota Heights Road and Dodd Road intersecti.on. {Please se� at�ched �P•) The subject trail originated as a pmposai to be inclnded in the Mendota 8eights Road/Dodd Road traffic light project. The Dodd RoadlHighway 149 and Mendota. Heights Road Tiaaff'ic Signal Task Force is a gmup of local residents, school repmsentati �and city offici�.is who have worked with the State Degartment of Transportation {�►�tnDQT} #o provide a tiaffic signal for this intersection. The Task Farce included the addition of this trail segment in the traffic signal project in order to provide safe access to the City Trai]. system along Ivlendota. Heights Road to Bridgeview Shores residents. The existing tcail alang Mendota Heights R+aad must switch from the south side of the road to the north side of the road as ii crosses Dodd Road, and the Task Force felt this was an unsafe maneuver. On March 8, 1994, the Ciry's Parks and Recreation Commission cansidered this pmposal in terms of €unding for the pmjeci. They felt that l�snD4T should pay for the trail and that City funds should not he used. MnDOT has since agneed to fund this portion of the trail. Work begins an the ta�ffic light ins�a�111aati.on within a week, however, the irail segment is not scheduled foar construc�on until Spring, The Parks and Recreatioa Commission did not hold a publi.c hearing on this tr�i1 segment, as the Traffic Signal Task Force's praposal for t,Iiis trail had support irom residents of Bridgeview Shores wha were lobbying for this trail. A representative of the Task Farce is a resident of your neighborhood. Mr. and Ms. Ruhlmann Octaber 25, 1994 Page Z�vo Mr. 7ames Danielsan, Public Works Diu�ctor, has been the City's arepresentative on the Mendota Heights R,oa,d/DoS�d Road Traffic Signal Task Force aud I have forwarded copies of your Ietter to him. He would be able to disauss the pmposed traii in mare detail. with you and hopefully address your concems about ttus pmject. He may be reached at 452-1850. Siacerely, Kevin Batchelder Administra,ti�e Assishant cc: James Uanielson, Public 'Works Di�ctor � Ayes: 3 Nays: 0 MSP PLAN Page No. 4225 November I5, 1994 uncilmember Koch moved to adopt the Pazk and Recreation ' ion t+ecommendation to authorize additional monies for Ivy ' Park Iandscaping and for pond expansion for a maximum cost of $ 000 plus $5,000 for landscape architectural services. Coun ember Smith seconded the motion. Council ackn wledged a memo from Adm.inistrator La.well and draft response to the SP Long Term Comprehensive Plan - Alternative Environment D ument� Mayor Mertensotto�viewed the plan for the audience. Couacilmembea Smith ested additional points in �e draf� stating thst MAC often about not put�ing noise whe�e it has not ooau�d before sad �at is y wi�at thcy propose with the third north para11e1 rimway. She that the nmway wonld dramatically increase tra�c e city and would make it even worse in areas that ar� already 'ving air noise. Administcator Lawell st�ted tbat th north sou� ranway c�ainly r• opens new areas to noise as well as ' new portions of Eagan, Apple Valley and Burnsville. He stated that he believes any � of the expansion opdons would impact w areas of the city. Mayor Mertensotto.suggested tbat the city talking about excessive noise as another category and poin out that the south two thirds of the city receives substantial nc�e as i substantiated. by ANOMS data. He stated that adding a third. p lel ivnway would only increase the burden and any plan to do such ansion would expand the area of objection from Mendota Heigh idents. It was the consensus to add a new section on excessiv oi exposure to the response and to direct staff to send the r the commission members in addition to the commission c to Councilmember Smith expressed. concem over the noise con urs, stating that the LDN 65 used in 1992 is different from what is the documen� She stated that she would also like to learn more abo t assumptions on air traffic. MENDOTA HEIGHTS ROAD Couacilmember Smith stated that she has spoken to residents in TRAIL the area of the Dodd/Mendota Heights Road intersection and there are many who do noi want or believe there is a need for a trail on the north side of the intersection. � Page No. 4226 November 15, 1994 .� Public Works Director Danielson responded tha.t when people reach the signal lights they will need to cross the intersection and at the signal task force meeting one of the members asked that the trail be extended at least one block east of the intersection. He stated that it _ seems that those who immediately abut the trail an the north side of Mendota Heights Road objeot to the t�rail and since the extension of the trail was to serve that area, there does not seem to be any benefit � to keeping it in the project. Councilmember Smith stated that there is a cross wallc &om north io south and on the north side of the intersection, from east to wes� She stated that the concern had been that the residents of Bridgeview Shores would not have access to the intersection without crossing Dodd at a non cross walk intersection. Public Works Director Danielson responded that the advaatage of doing the trail section &om Westview Terrace on the North side of Mendota Heights to Dodd as part of this project is that it would be funded by MSA, He stated that if Council wishes to delete the trail section, the conlractor would have to be notified. Mayor Mertensotto suggested leaving the trail for the time being but notifying the property owners that it would be a means of providing a better crossing for all of Bridgeview Shores and at �the same time, aslcing the contractor to hold up on constructing the trail until at least April or May to allow time for Council to meet with the property owners in the spri.ng. .. �, ADJOURN There being no fiuther business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 TIME OF ADJOURNMENT: 10:31 o'clock P.M. ATTEST: �.�. � .,�- Charles E. Mertensotto � Mayor ��..�<ti1 ��. Kathleen M. Swanson City Clerk � l�sareh 29, ,1995 re: Dear Resident� , � liy o� 1��endot� Hei�ht� Neighborhood Meeting to D�iscuss Propased TY�ai1 Link On behaIf of the Parks aad Recreation Commission, I cor�ii,ally invite you to attend a neighborhood me�iing that is being hosGed by the Commissioa for the purpose of discussing a trail proposal in Bridgeview Shores. The meeting is scheduled for : April 11,1995 frflm 8 p.m. watil $�0 p.m. City Council Chambers - Gi�y 8all -110I Yictoria Curve The intent of the meeting is to invite the neighborhood to �vi.ew and comment on a tra.il Pmpos�ed to Xink Westview T�aaQe to T.►odd Road at Mendota Heights R�oad. The trail is proposed to rua along #he north side of Mendata Heights Road. (Please see attached map,) 2he Ca'�.y Co�acil, desires that the Parks aad R,ecreati.on Commissioa host a neighborhaod meeting to review the tra� and its imgact in deta� so that a recommendation can be made an the proposeii tcail. Thi�s invitation is b�ing se�nt to all pmperty owners in Bridgeview Shores and press r��ases have been sent to the locat papers. The Parks and Reca�eation - Comnussion, by hosting this neighborhaad mceting, hopes to generate i�ut by the neighbars about the proposed traii. ��,� The pmposal is to consriuct a bicyclelpedestz�an trail link on the nor�h side of Mendota Heights Road from Westview Temace ta Dodd Road. The trail would be part af the Dodd RoadlMendata �Ieights Road Signal Project and would be paid for by 14�innesota Siat� Aid funding. The Dadd RoadlMendoG� Heights Road Signal Task Force recommended that this t�ai�i link be included in the signal light pm3e�t, however not all neighbors were aware of thzs recommendation. � T1ae Parks and Recreatian Cammission is looking farward to meeting with all interested residents/neighbors ta discuss the praposed t��.il and they are encouraging you to attend. Sincerely, ��'.�,L �Gi��G.�.�lZ� Kevin Batchelder Admuustrative Assistant 1101 Victoria Curve • IV�.endota Heights, NiN � 55118 452 • 1850 ._-..,�,-,.:... � ••�u 11Zendota Heights hosts two public meetings The Parks and Recreation Commission of the City of Mendata Heights wili be hostin� two neighborbaod rneetings on Tuesday� April 11 in the Council Chambers at City Hail, 1101 Victaria Curve. Both are apen io the public. Yvy Falls Park The fust will be heid from 7 to 7:45 p.m. and wilt allow residents 'of the ciiy to discuss the I,andscape design concept for the restoration of the pond in ivy Falls Pazk. This meetit�g is being beld tc� solicit in�ut from � neighborhood residents an how •they would iike the landscape , restored around Ivy Falls Fark pond. The pand in ivy Falls Park was � reconstructed as pazt of the I�y FaIls Creek Restoration Project. This pond was enlarged toj hantile a greater amauni of storm waier in order to prevent further erosion downstream in ivy Falls Creek. The city has c�ntructed with Savanua Designs to provide a Bridgeview Shores trail iandscape design to resiore the pond ares. Jim H�gstrom, Qf The second meeting will take Savanna Designs, will provide a place from 8 to $:30'p.m. and will presentation at the meeting to allaw residents to discuss a discuss ttie concept plans that proposed trail Iink in' the , have been deveioped with th$• Bridgeview Shores neighborhoad. Farks and Itecreatior� 'The progosal is to construct a CQmmission.-- T-----bicycle/pedestrian trail on tbe _ The Parks and Recreation north side af Mendota Heights Cammission �has exgressed a Road from Westview Terrace to desire, to iucorparaie native Dodd Raad. The trail would be grasses and wildflowers into the part af tbe Dodd Road/Mendota landscape $round the .pond in Heights Road Signal project and order t0 provide � a low wavld be fanded by Minnesota mainteAanca, ecologically State Aid funding. The Dodd sensitivs landscage ihat wiZl Road/Mendota Heights Road beautify this are�. Savanna Signal Task Force recommended Desigps speCializes in Wi5 type of that this trail link be included in ' ciesign. ' the project. The Parks and Reereation Tt�e city council had requestgd Camuiission is looking forward to that the Parks and Recreatian meeting witb all interested Cammission conduct this residents to discuss the Iandscape neighborhood meeting to saiicit design for ivy Falls Pazk's pand input fram neighborhood residenis and is eucot�raging residents to on the praposed trail. use tbis opportunity to provide . input on the •restoration of this P�'� . . Cit o� � .,,.,, . ; .�iiendo�a Heights l�sazch 29, 1995 Abu and Florence Islam g�.� w8S�V18W �I.TC�e Mendota Heights, IvIN 5512Q re: Proposed Bridgeview Shores Ti�ii Dear Mr, and Ms. IsLam: i am writing to inform yc�u. that the neighbarhood mee.teng ta review the tra� that is propased to abut your pmperty has been scheduled for. Apri111,1995 fmm 8 p.m. to $:30 p.m. City Council Chambers - Crty Halt -1101 Victoria Curve Tbis neighbarhoad meeting is being condacted by the Parks and Recsration +Commission, at ihe �quest of City Couacal, to nyview the tra� and its impact in deia� so that a recommendation can be made on the pmpcased t�rrail. The neighbarhood has been ncrtified by . mailed notice and a press release has been sent to the 1oc�l newspapers. - Sincerely, Kevin Batchelder Administrative Assistant ec: James Uanielson, Public Works Director 1141 Victoria Curve • 1V'iendota Heights, 1Vfii�t • 55118 452 • 1850 �� i�y oi ,,,.,, . . 1��ienda�a Hei��ts � l��arch 29, 1995 G�r�.y and Barb Ruhlmann 816 Westvi.ew Circle Mendata Heights, MN 55120 re: D�az� Mr. and Ms.R�achlmmann: Fropast�i Bridgeview Share's Z"rail T am writi�g io inform yc�u.that the neighborhood me�ting ta review the txail that is prapc�sed to abut your Praperiq has been schedul�d for: � � Apri111,1995 frum 8 p.m. to 8:30 p.m. • City Council Chambers - City 8all • 1181 �� oria Curve This aneighbarhoad me#ing is being conduc�ed by the Parks aad�Recreat7ion Commission, at the re�uest af C�ity Couneii, to review the tra� and its imgact in detail so that a recommendaaion can be made on the pmposed trail. The neighborhood has been natified by mailed notice and a press release 11as been sent to the local newspapers. . Sincerely, Kevin Batchelder Administrative Assistant cc: 7ames Danielson, Public Works Director 1101 Victoria Curve • 1Viendota Heights, 1V�IY, • 55118 452-1850 � C ity o� � � � . ,,,,,� ,,,► ,1Vi.endata. Heigh�s I�Za.rch 8, 1995 Abu and Florence Is1am 810 Westview Circle Mendota I�eights, MN 55120 re: Propased Bridgeview Shore�s T�rail Dear Mr. and Ms. Islam: � I am writing to formally notify you that th+e C:ity Couucit has �que�sted that the P�rks and R:�reatioa Commissian consider t�e issue of the pmposed h�. along Mendota 8eights R,oad ti�at would abut pom PxraFert�'. As you are aware, the C`.ity Councii consid+�c% your request to eliminate this txail. segment at their March '7, 1994 meeting. It was the Council's desire to have #heu advisoary Parks and R�c.�eation Cammission i�view the trail and its impac� in detail sa that a recommendation can be made on the proposed trail. The City Gauncil also desireci th.at the neighbors in this area be notified ai the meeting at wluch the Parks and R��::reatzon Commission will cunsider this item. In o�x%r to provide proper notifiCatian to yaur neighbarhoad, this item w�l be scheduled for the Apr� 11, 1995 me�ting of the P� and Rec�tion Commission, wbich will %egin at b:30 p.m, in the Large Conference Room at City Iiall, 1101 �ctoria Curve. Please plan ta at#end th�is mee�Ging so tbat you may make yaur concerns known ta the Gommission and thase in attendance. ..� The agenda far the Commission's me�ng will be prepared the we�k of April 3, 1995. Should you desire to submit additional inforimarion to be forwanded to the Conumission, please pravide a cx�py #o myself by Apz�I 5, 1995 and I would be happy to inclade tlus in the Commission's agenda packet. Should you have any questions, or concerns, please contact me at 452-1850. Sincerely, �C�.:- I��,�.�.�. Kevin Ba.tchelder Administrative Assistant cc: 7ames DanieLson, Public Works Dire�tor 1101 �Tietoria Curve • 1V"iendota Heights, 1�i.IY • 5511$ 452 • 1850 March 8, 1995 Garry and Barb Ruhlmann 816 Westview Circle Mendota Heights, MN 55120 re: Dear Mr. and Ms. Ruhlmann: 1Viendota � Proposed Bridgeview Shores 'I'iail City o� Heights I am writing to formally notify you that the City Council has requested that the Parks and Recreation Commission consider the issue of the proposed trail along Mendota Heights Road that would abut your properiy. As you are aware, the City Council considered your request to eliminate this trail segment at their March 7, 1994 meeting. It was the Council's desire to have their advisory Parks aad R�ecreation Commission review the trail and its impact in detail so that a recommendation can be made on the proposed trail. � The City Council also desired that the neighbors in this area be notified of the meeting at which the Parks and Recreation Commission will consider this item. In order to provide proper notification to your neighborhood, this item will be scheduled for the April l l, 1995 mceting of the Parks and Recreation Commission, which will begin at 6:30 p.m, in the Large Conference Room at City Hall, 1101 Victoria Curve. Please plan to attend this meeting so that you may make your concerns lrnown to the Commission and those in attendance. .� The agenda for the Commission's meeting will be prepared the week of Apri13, 1995. Should you desire to submit additional information to be forwarded to the Commission, please provide a copy to myself by Apri15, 1995 and I would be� happy to include this in the Commission's agenda packet. Should you have any questions, or concerns, please contact me at 452-1850. � Sincerely, (�� ;:�-��,�-- Kevin Batchelder Administrative Assistant cc: 7ames Danielson, Public Works Director 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452-1850 �Y M FROM: SIIBJ'BCT: � i str_�_� i a , CITY OF MENDOTA HSIGHTS March 4,1 994 Parks and Recreation Comnui.ssian Gu .Kullander Parks Pro'ect riana er .�� Y r a �n g Request far Trafl on Mendota Heights Raa.d At the March 2, 1994 meeting af the Dodd Raadji�wy 149 and Meadota 8eights Road Traffic Signal Task Force, a requeat for an eight foot wide bitum�i.nous tra�.l on tihe north side of Meadata HeighGe Roa.d frem Dodd Raad east to West view Terrace wa.s presented to Public Works Director Jim Danielean. Public Works Director Danielson asked me to pass thie request along to the Parks Commission. � � .� An existing trail is located on the south eide of Mendota. � Heights Roa.d east of Dodd 8oad and on the nor�h side wesC of Dodd Raad. The task force felt that this is a dangeraus and difficult intersectioa ta crass fronn north to south on the trail and therefore would like an additional. trail segment constructed on the north side fram Dodd-Road to the Bridgeview Shores develapment. Funding for the i.nstallation of the traffic light will be from Federal, State and City sta.te aid funds. Th� City will be preparing the plans and specifications for the siga,als and can include thia trail segment as a saEety upgrade to go with the traffic signal. If MnDOT, in its review of the project rejects the trail costs, the City would have to fund the trail. If it ig rejected, I will bring this matter back to the Commissian for review and funding ogtians, This should be early sum�mer. MnDOT hopes to have the signal in operation by November of 1994. Approxi.n�ate cos� of the traiZ improvemen� will be $6, 000 to $8, Q00. ACTSON REQiTIRED The Cammiasion may wish to discuas the pros and cons of this trail segment at this time, but no decision need be made until a�ter the traffic signal. project ia approved by MnDOT. GDR:kkb ., ' �rr�' .� t�� Parks and Recreatian Commission March 8, �1994 Page 9 j ar�ic7.es, Arbor Day celebrations, private consulta�ions and Tree City USA and coordinated grant programs with Mr. Shi.mek, Batche3der stated Tree City USA status is necessary if the City desires to pursue grant programs that are available. Batchelder atated some of these programs include the Minnesota ReLeaf planting programs, Dak Wilt control gran.ts, the Energy Conservation through Con�ttiunity� Fores�ry Program, the IIrban and Communi�y Fore�try Challenge Grants Program and the Small Business A�ministration Natural Resources Develapment Program. I Chair Ra.tz inquired if there was any desire on the part af the Commieaion to pureue Tree City USA statue. Commisaioner Rleinglass indicated he was not interested in this program. Commissioner Spicer inquired if the City really had a desire to pursue �his, Commiesiouer I?amberg stated she feels trees have a value as a resaurce in the community and that Tree City IISA statua should at least be considered. The Commission tabled �his item until their April meeting. REQULST FOR TRA2L SEGMENT Parks� Project �ger Rullander sta�ed he had received a request for an additianal trail segment on Mendota Heights , Raad from the Mendota �ieights Raad Traffic Sigz:.al Task Force. Kullander atated this Task Force has been looking at gett�ing a traffic signal at the i.n�erseetion of Dodd Road and I�ighwag 149, He atated'the Task Force feels it is difficult to cross Dodd Road because the traiZ switches from the south side to the north side of Mendota Heights Road�as it crosses Dodd Roa.d. Rullander stated tbat the desired�ex'tra segment would run from Dadd Road to the Bridgeview Shores development along �,he nor�h side of Mendo�a Heights Rciad and is a duplication of a trail on �he south side o� Mendota Heights Road. Ku1.Iander eta�ed this trail can be proposed ta be included in the MnDOT funding and if it is appraved MnDOT wili# pay for this trail segment, Rullander stated if MnDOT doesinot approve Eunda.ng for �his trail segment it couZd be paid with MSA maney. He explained �hat na motion i� necessar'y from the Park9 Commis s ion . � The Commis�ion indicated tha�. City staff should pursue inclusion of this trail segment in the reqizest for the traffic signal a� Dodd Road and Mendota Hea.ghts Road. �� •� CITY OF MENDOTA HEIGHTS � �� Apri114 1995 To: , Mayor, City Council and City Adminis t From: Kevin Batchelder, Administrative Assis t�� Subject: Ivy Hills Park Pond Restoration - Landscape Design Plan Mr. Jim Hagstrom, Savanna Designs DISCUSSION The Pazks and Recreation Commission held aa Open House meeting with Ivy Falls neighborhood at their April l l, 1995 meeting to review the preliminary plans for the landscape design that is intended to restore the pond area in the park. Mr. Jim Hagstrom, of Savanna Designs, presented the preliminary plan to the neighbors and the Parks and Recreation Commission at this meeting. Following comments from the neighbors, the Parks and Recreation Commission directed Mr. Hagstxom to make some minor adjustments to the landscape design for presentation to City Council. In preparing the preliminary plans, Mr. Hagstrom had met with the Parks and Recreation Commission in March. The Commission desired a plan that incorporated native grasses and wildflowers on the steep slopes of the berm and around the edges of the pond. The Commission desires to beautify this pond area in an environmentally sound manner that will be attractive, yet will be 1ow in maintenance as compared to the typical turf lawns. The Park Commission also recognizes that the landscaping in this neighborhood is fairly traditional. They wanted the native grass/wildflower areas incorporated in the design in a fashion that complements the traditional landscaping in the area and they feel that Mr. Hagstrom has done this. During the Open House, the neighborhaod expressed some concerns with the storm water design of the pond, the water quality and the steep slopes of the berm, however, the neighborhaod expressed satisfaction with landscape design to beautify this part of the park. The Engineering Department will be hosting a meeting to discuss the water issues with the residents. Mr. Hagstrom will be present on Z�esday evening to provide a presentation to City Council on the revised landscape design plan for Ivy Hills Pazk. Due to revisions in the plans requested by the Parks and Recreation Commission, copies of the revised plans are not available at the time of this memo. (Attached are reproductions of the original plan before revisions.) � The City Council had approved a budget of $20,000 for landscape improvements plus consultant fees. Funding is to come from the Ivy Falls Storm Water Project budget. RECOA�IlVIEEIVDATION The Parks and Recreation Commission voted unanimously (7-0) to recommend that the City Council approve the Landscape Design Plan for Ivy Hills Park, as revised, and direct sta.ff to seek bids for the restoration of the pond. ACTION REOUIRED Acknowledge the presentation by Mr. Jim Hagstrom, of Savanna Designs. If the City Council desires to implement the recommendation of Parks and Recreation Commission they should pass a motion to appmve the Landscape Desiga Plan for Ivy Hills Park and direct staff to seek bids for the restoration of the pond, in an amount not to exceed $20,000. � '�t `'• ^. CITY OF MENDOTA HEIGHTS I�f�T� Apri16, 1995 To: Parks and Recreation Commission From: Kevin Batchelder, Administrative Assistant Subject: Ivy Hills Park Landscape Design - Neighborhood Open House 7:00 to 7:45 p.m. DISCUSSION The Parks and Recreation Commission will be hosting an Open I�ouse with neighborhood residents beginning at 7:00 o'clock p.m. in the Ciry Council Chambers. It is anticipated that the Commission will reconvene at 7:45 p.m. in the Conference Room to discuss final plans and a recommendation to City Council. Mailed notice has been sent to every property owner withia 500 ft. of Ivy Falls Park and press releases have been published in the SouthWest Review and the Sun Current. (See attached copies of letter and notices.) � Mr. Jim Hagstrom, of Savanna Designs, will be providing a presentation on the design that has been sketched for the pond restoration. A blueprint copy has been provided in the Park and Recreation Commission packets. (Please see attached.) Mr. Hagstrom's presentation will provide an explanation of the plant species shown on the design. He will also be prepared to highlight how he has met the directions provided at last month's meeting. The Commission had requested the following items be given attention: 1. The Commission prefened the use of wildflowers/native gras� plantings for the steep slopes, as much as possible. 2. Most of the pond edge should be prairie grasses (or appropriate plantings) that provide a barrier to the edge of the pond, except for an opening on the north that would have turf extended to the pond edge for access, as presented on your Concept Plan. 3. Bushes, shrubs, grasses or appropriate plantings should be used around the concrete skimmers and sewer outlets to provide a visual screen and a physical barrier to the structures. 4. The north side of the berm, with the shady slope, in the southwest corner of the pond should include trees and shrubs that connect to, or extend, the e�sting tree canopy on the west of the pond. �• R 5. A loop trail should be included along the top of the berm, as presented. This should be designed as a gravel tiail with the possibility of paving it with bituminous in the future. 6. Some stone benches, maybe four to six total, should be included as shown on your Concept Plan. 7. The Commission liked the idea of enhancing the Pine Area. on the eastern boundary to create a buffer area to the Townhome property. This pine area should not have turf and should be low maintenance. Additional pine plantings should be shown, with the potentiai to plant some now, or with future plantings, as the budget allows. 8. A lawn✓turf boulevard area along the street should be incorporated with the steep slopes on the berm to be native grasses/wildflowers/prairie in geometric patterns. 9. The area described as the "pitcher's mound", where there is a manhole, should be a small pr�tirie garden with a bench, as shown on your concept plan. 10. The garden area with retaining wall along the existing tsail is a good idea, however, the Commission didn't want to eat up the budget with stone work. 11. There should be two signs located that would tell people this is an Environmentally Sensitive Landscape area, as discussed. 12. An attempt should be made to incorporate plant species that would attract butterflies. Z'his could be spread throughout, or concentrated in a gazden area. The sign would include language about this. 13. Potted plants, or plugs, should be used at entrance points or other highly visible areas to "jump start" the look of the native landscaping, as the budg�t allows. The Parks and Recreation Commission should conduct the Neighborhood Meeting following the presentation by Mr. Hagstrom. Mr. Hagstrom will review the neighborhood input with the Commission and incorporate any new elements into the plan. The City has budgeted $20,000 for the restoration of Ivy Falls Park's pond. Also attached is the cost estunate for the Landscape Design. Mr. Hagstrom is prepared to make revisions for the April 18, 1995 City Council meeting. ACTION REOUIRED Conduct the neighborhood meeting and consider the proposed landscape design for the restoration of the pond in ivy Falls Parke Malce a recommendation to City Council on the proposed Landscape Design for the pond restoration in ivy Falls Park. � { ` �'J C lty O� ...1 . � . 1Viendota Heights March 29, 1995 re: Neighborhood Meeting to Discuss Landscape Desiga for Ivy Falls Park Dear Resident: On behalf of the Parks and Recreation Commission, I cordially invite you to attend a neighborhood meeting that is being hosted by the Commission for the purpose of discussing the landscape desiga for Ivy Falls Park. The meeting is scheduled for : Apri111, 1995 from 7 p.m. unti17:45 p.m. City Couacil Chambers - City Hall -1101 Victoria Curve The intent of the me�ting is to invite the neighborhood to �view the landscape design concept for the restoration of the pond area in ivy Falls Park. �his iavita�ion is being sent to all pmperly owners within 500 feet of Ivy Falls Park and press releases have been sent to the local papers. The Parks aad Recreation Commission, by hosting this neighborhood meeting, hopes to generate input by the neighbors of Ivy Falls Park about the landscape improvements for the pond area. As you are probably aware, the pond in ivy Falls Park was reconstiucted as part of the Ivy Falls Creek Restoration Project. This pond was enlarged to handle a greater amount of storm water in order to prevent future emsion downstream in ivy Falls Creek. The City Council, with the assistance of the Parks and Recreation Commission, desire to restore the landscape beauty to this area. The City has contracted with Mr. 7im Hagstrom, of Savanna Designs, to provide a landscape design that can be constructed this summer. -11 Mr. Hagstrom, of Savanna Designs, has been meeting with the Parks and Recreation Commission and will be providing a presentation on the proposed design at this neighborhood meeting. Savanna Designs specializes in native grdsses/wildflower designs that are incorporated into a traditional landscape setting and are designed to be ecologically sensitive with low maintenance requirements. The Parks and Recreation Commission is looking forwazd to meeting with all interested residents to discuss the landscape design for Ivy Falls Park's pond area and they are encouraging you to attend. Sincerely, (�,,..:--- ��--�...-�-�-- ., Kevin Batchelder Administrative Assistant � ��- 1101 Victoria Curve • 1Viendota Heights, 1VLN • 55118 452• 1850 1V.�e�.dota Heights hosts two public meetings The Parks and Recreation Commission of the City of 'Mendata Heights wili be hosting •twa neighborhaod meetings on �;.�.. 4:.,;-:_• •T'ucsday, Aprit I1 in the Connci! ''H.�,,.`'.`4't,�`.',�a'• :S�',,�•,�•J;� .. .. s_•Chambers at City iiatI, i101 ''" Yctoria Curve. Both are open to �the pubIic. ivy FaIls Park � Tlie first will be held from 7 to 7:4S p.m. and will allow residents •of the city ta discuss the landscape design concegt for the restoration of t�e pand in ivy FaUs Park. This meetiag is being , �eld to solicit inpuc from : �eighborhoad residents on how -they wauld like the landscage . restored around Ivy �aits Park ppnd. .- Tiie pond in ivy Falls Park was � reconstructed as part of the lvy � Fails Creek Restoratian Projcct. � This pond was enlargeci to handie •a gre�ater amount of storm water in � . order to ptevent furiher erasion - downsveazn in ivy Falls Creek. �� The city has cantracted with _ . «,.. . ,.:. �.--v. . ... T . Savanna Designs to provide a Bridgeview Shores trait landscape design to restore the ' pand area. Jim Hagstram, of The second meeting wiil take Savanaa Designs, .will provide a place horn 8 to $:30 p.m, and will pres$ntation at ihe meeting to ailow resid�nts .ta discuss a discuss the concept pIaus that proposed trail Iink in' the have been developed with the Bridgeview Shores neighborhood. Parks � and Recreation The grapasal is ta canstnicE a Commission. bicycle/pedestrian trail on the The Parks and Recreation north side of Mendota Heights Commission has exgressed a Road from Westview Terrace to desire to incorporate native Dodd Raad. The trail would be gra�ses and wiidflowers inta the part of the Dadd RaadtMendota landscape around the pond iu Heights Road Signal project and arder to gravide a low would be funded by Minnesota maintenance, ccotogicaily State Aid funding. The Dadd sensitive landscape that wili Road/Mendota Heights Road� beaatlfy tiris arca. Savaona Signal Task Force recommended Desigqs specializes ia this type af that this trail liak b� iucIuded in design, the project» The Parks and Recreation The city council had recjuested Commission is looking forward to t6at the Parks and Recreation meeting with ail � interested Cammission conduct this nesidents to discuss the landscape neighborhood meedng to solicit design for Ivy Falls Park's pond inpnt hom neighbarhood residents and is encouraging residents to on the praposeci trail. . use this oppartunity to provide input an the •restaration of this - P� p � D V f R T i 5 E h' E t: :�;: r� 4� '•%:':�'`•.V�i!7��•'+ M +i�4ti;.:;r,*� 4j:`iw��'•�''S.�'r�.% ... . . .s _ � Mendota Heights hosts two public meetings The Parks and Recreation Commission of the City of Mendota Heights will be hosting •two neighborhood meetings on •Tuesday, April 11 in the Council •Chambers at City Hall, 1101 Yctoria Curve. Both are open to •the pablic. Ivy Falls Park �' The first will be held from 7 to � 7:45 p.m. and will allow residents •of the city to discu'ss the l.andscape design concept for the restoration of the pond in ivy Falls Park. This meeting is being , t�eld to solicit input from : �eighborhood residents on how -they would like the landscape , restored around Ivy Falls Park ppnd. • .- The pond in ivy Falls Park was ; reconstructed as part of the lvy Falls Creek Restoration Project. � This pond was enlarged to handle • a greater amount of storm water in . order to prevent further erosion . downstream in ivy Falls Creek. � �..•..- �•-. The city has contracted wit6 �'�'-�� . � ��:-,�:._--:--�. . .. Savanna Designs to provide a landscape design to restore the pond area. Jim Hagstrom, of Savanna Designs, will provide a presentation at the meeting to discuss the concept plans that have been developed with the Parks and Recreation Commission. The Parks and Recreation Commission has expressed a desire to incorporate native grasses and wildflowers into the landscape around the pond in order to provide a low maintenance, ecologically sensitive landscape that will beauttfy this area. Savanna Desigtts specializes in Wis type of design. The Parks and Recreation Commission is looking forwaM to meeting with all � interested residents to discuss the landscape design for Ivy Falls Park's pond and is encouraging residents to use this opportunity to provide input on the �restoration of this P�- Brldgeview Shores trait The second meeang will take place from 8 to 8:30 p.m. and will allow residents to discuss a proposed trail link in' the Bridgeview Sho�s neighborhood. The proposal is to construct a bicycle/pedestrian trail on t6e north side of Mendota Heights Road fi•om Westview Terrace to Dodd Road. The trail would be part of the Dodd Road/Mendota Heights Road Signal project and would be funded by Minnesota State Aid funding. The Dodd Road/Mendota Heights Road� Signal Task Force recommended that this trail link b� included in the projec� The city council had requested that the Parks and Recreation Commission conduct this neighborhood meeting to solicit input from neighborhood residents on the proposed trail. p r f1 \� i R T I 5 E� �•• E N T �' 1' ' FR�`1 : S�J�d�A I� I C�JS I NC PF� N0. : 770 6910 Feb. 17 1995 12: 39PM'i�l � Fcbtuary ]7', 7995 CiEy of Mendota Heights 1101 Victoria Gtirve Mendota Hcights, Minncsoks 55118 C�� f..t7lll�iK� E�rlronm�ntally �►op�or��.e. t•�o•oap• o•�lyn �� Pn�c7 of ] Landsca}�c Desi�n ft�r Ivy Falls Park QIY DeccrlpUon ( Maleriall Saaii�t ) St�e Gc�.vt I.c+bor C:ombined F�cte�ulon _ �� r. r�� 1.0 orletAtion to pro'ect; ttnrt laforme�Hon file 32.00 32.00 32.00 diecuss styl�, p�osophy end approadt- 2.Q revtew neede, ideas and deetra4- 75.00 75.00 150.00 1.0 diea�ss�go�ls, obje,ccHves and prloridss- 75.00 75.00 75.00 1.0 timlc� fot desl�n- budget 75.t10 7'5.00 75.00 timittg for installation- bud�et • 332.00 1J. Base Map Aad Survey 1.S ltyout building und property scal�; 3.0 dte vlslte; gnth�r infot�ma� i.S eooIogic�l curvey: aoila ve�nt�tlon pAtherns drninR C 2.0 sk�etci��eac and views IiI. Analqsis ].5 inte�r�te pro�ram �nd site informaHon draw relatienships; look for paucrny. identifq a�n9lda and inoonelatantcles IV, ConcepEualDevelapment 2.0 ideae that bring it all to�gether; simpHBcation 3.� exploration of �)ternattves and option� 2.0 Ptepare Canoept or Sketch Plan for pruperty. Mmrh 14, 1995 V. 2.(1 4.0 3.0 Evaluate Concept, Alternatives And Make Adjustments mvlew meri6s of ideas �nd feasibiliiy make reviaionp aq nocded PresentaHon drawings Apri1 11, 1995 revir��nr� if nceded; present tn City, Aprrl 78, 7995 75.00 75.08 1�2.5(1 75.00 7'S.00 22.5.pp 75.00 75.00 21250 75.04 7'5.00 I50.00 600.00 75.00 75.00 1 ] 2.50 112.5U 75.OQ 75.00 150.00 y5.00 75.00 225.00 75.00 75.00 _ 150.0{1 525.00 75.00 75.00 150.00 75.00 75.00 30(1,00 75.00 75.00 225.00 ^ M 675.00 VI. De�ign Development 2.0 prep�re canstuctian drawin�s and details- 75.00 75.00 ]50.00 3.0 s}�ec!fy matcrialF 75.00 75.00 225.00 3.0 plar►tln desi�n ' 75.00 75.00 225.00 1.0 Dellver�lueprints and Fup�rc dc�cumc�it�. allnwa�uc 70�.00 100.00 ]OO.QO 700.Op Thank you for the opportunity to work with yniu lflndacape. 2�444.50 Sinccrcly, C c. Subfofal � Total ��- 2,994.Sf OAG $2,949.50 paynble upon receipt. A delinqttency charge of l yo [�r_r montl� will Ue char�ed f��r any balai�ce over30 day�. Apt'i112,1995 �e G" �(� �� {' �� Dear Mr. B�tchelder, I was unable to aRtend last night� meeting regarding Ivy Palls Park, but wlsh to have some iupu� We have ]ived twC► ht�uses away fram the park's north end �r 28 years, sa we naturalty have concerns for the area. . . I have worked wlth the University of Minnesota Master Gardeners pro,gram (Dakata County divislon) for 16 yeais, so feel reasonabiy quati�ed to di�cuss plantir�gs» From the begi n� of the pond excavation praject a year ago, I was apprehenslve abart enginee�ing mistakes. This apprei�ensian stemared Eram prevlaus experiences in our many years of living here. These e�fgerlenc�s bave made us uneasy abc�ut ti�e lack c�f enginee,c9ng knvwiedge and eapertise 4aLsc� eomman sense} regarding grasnd wate�r and under�round water. I�ren nc�w, there are twt� wet and musb.y areas in the park whicb, were n�t there before — one to #he east of the path taward the tc�wnhouses, and the aRher adjaoent to the play�raund area, on th� north side. This is undouirkedly due to some of our many undergmund spxings having been changed azound by the excavatimg. We were hcxr38ec! {aud stilt are) thax the eugineess felt it vvas uecessary to build such a f�igh earth watt on the sout�soathwest side af the pona It is extrem�ly ug�y, and it obllterates the farmer pretty vlew of gond aad park fvr pass�rs-by and x�sidents at that end it dves not seem reatistic that it needs Lo he that high w cantain exCra watex after rain�all. If we e+�er get that much rain, all of us had better have arks in +aur garages. Alsa, the high wa11 strlkes me as po�tentially very dangerous to srnal! children. It doesn't take mtuch lzt�gination ts� p%ture a misstep at the tap, fc�tttn�red by a smail bc�dy tumbiing quirkly dciwn that steeg embankmen� As to the ugliness, you ta�k away a bcautlfW area, with interesting trees and an assartment of shrubs which combined sgring bloom aIId fall colar. In return you gave us desecra�i�n. The pa�td iiself , comg2et�ly covered in scum-Uke duckweed last su.mmer, has become an eyesare. Yc� are now talking abaat a prairie-type �rlanting af gt asses and witdi�awers around the pond. In my apinion, t�is is nQt agpro�rlate. There is the pond itsel� and a small woods immediately adjacent ta lt — neithec is a prainle characterlstic. `" 4 It is nice that you glanted the shadee trees around the pond, hut th�t is just a begil.nnis�� There are �uany na�ve sbxubs and smatl trees which need no maintenanoe, many wbich thrive in moist areas near water, and many wiyich either have ata�active spring blaom c�r fall cular. Their roat systems are Iarge enaugh to heip prevent erasi4n — which I natiae you already have in a fa�len in area on the sou�h side, and in a garrvw guUy an the narth side. in my opiniou, yc�u should bultdoze off the excess height pf the earth wall, get some experC c�pinion �n natura! landscaping far woads-and-r�vater areas, possibly from the Univessity (the Dakota County Extension Office is in Far:mingtan, phane number is 463-3302 — ask far the Caunty Agent). Then plant small nattve trees and varlous native shrubs araund the gond — gut glenty of ieafmold mulcii around and under #hose — and plant some woaKiland wlldflawers there. You probably aLso need to do some damage control on your public relations in aur area — every area resiQent I have tallced to in the 2asi year has #een horriflsQ at how you ru3ned awr gark, Sin� ely �,�zc�s, � �� E�- n--rZ � _-¢..✓ A��{rs. Judy Mooney /% 594 W, Butler Ave. Mendota I�eights CITY OF MENDOTA HEIGHTS � t� � March 1 , 1995 To: Mayor, City Council and City Admini ---� From: Kevin Batchelder, Administrative Assis�� Subject: Valley View Heights Park - Request for Basketball Halfcourt The Parks and Recreation Commission has met with representati.ves of Curley neighborhood in January, and again in March, to consider their request for the City to install a basketball halfcourt in Valley View Heights Park. Mr. David Ayers had made the request on behalf of his neighborhood because they desire the park to serve other age groups than the young children that are served by the existing play stiucture. (Please see attached Dec. 2, 19941etter from Mr. Ayers.) The 1989 Parks Referendum proposed only minimal improvements for this park and, although the improvements have been made, the neighborhaad feels that they have not received promised park improvements for their neighborhood. (Please see attached referendum brochure and December 21, 1994 memo from Guy Kullander.) The Parks and Recreation Commission has informed the neighborhood that they are willing to consider this item during their upcoming Capital Improvements Plan discussion. The Parks and Recreation Commission did inform the neighborhood there are other priorities and lunited funding sources. Guy has estimated the cost of the basketball halfcourt at $4,000 to $6,000. The neighborhood requested that the Commission consider this for r995 construction. In discussing this item, the Commission had a question about whether Valley View Heights Park was an "official" City park and had requested that staff research this item. In 1989, the Commission had recommended that City Council ofFicially and formally name and refer to "Curley's Tot Lot" as "Valley View Heights Park". City Council directed staif and the Commission to refer to the parks as Valley View Heights Park. (Please see attached Nov. 2, 1989 memo and City Council minutes.) As City Council is aware, the original improvements in this neighborhaod were based on an agreement with the neighborhood association whereby the City would install unprovements and the neighborhood would maintain the tot lot. The neighborhood has not maintai.ned the lot and has stated that they are unable to do so. The Parks and Recreation Commission is willing to consider this a pazk and have recommended the City provide the maintenance. RECOMI.VV�FNDATION The Parks and Recreation Commission voted unanimously (5-0) to recommend that City Council formally and officially designate Valley View Heights Parks as part of the City park system with the assumption that we would maintain this tot 1ot as part of the parks system. If the Council is so willing, the Commission will include this neighborhood request in their discussion of capital improvement needs. ACTION RF.QUIRED If the City Council desires to implement the Parks and Recreation Commission's recommendation, they should pass a motion to formally and officially designate Valley View Heights Parks as part of the City park system. "l �G `� �zc . S r =' _ I DAVID L. AYERS* HAROLD H. RIEHM DAVID R. NEWCOMB. JR. AYERS & RIEHM LAWYERS SUITE 2330 AMERICAN BANK BLDG. 101 EAST FIFTH STREET SAINT PAUL. MINNESOTA 55101 FAX: (6121 222-1844 TELEPHONE: (6121 222-8400 December 2, 1994 Mr. Kevin Batchelder Administrative Assistant Mendota Heights City Hall 1101 Victoria Curve Mendota Heights, MN 55118 Re: Valley View Heights Park Dear Mr. Batchelder: This letter is to inquire about the availability of Referendum funds to fulfill (what I recall to be) a Referendum promise, regarding the Valley View Heights Park in my neighborhood. As a former citizen member of the Mendota Heights Referendum Committee, it is my recollection that $3,000.00 was allocated for improvements to the'Valley View Heights neighborhood park. Notwithstanding other concerns that the City may have regarding maintenance of this property, this promise was made and relied on by many of my neighbors who voted in favor of the Referendum. The concern now, several years after the Referendum and all the "priority" spending, is that the Valley View H�ights Park is left without any significant improvements. While it is true that the City did install a couple of benches, a picnic table and a bike rack, I suspect the cost of these items, if they were even charged against the $3,000.00, is minimal. Therefore, if Referendum funds are still available, I request an allocation for the Valley View Heights Park. Having discussed various ideas with my neighbors, it appears that the most appropriate improvement would be a basketball hoop with a small cement (or asphalt) slab. At present, the neighborhood park is used primarily by pre- schoolers and very young elementary schoolers. The addition of a basketball court would re-vitalize the park by�encouraging activity by adults, teens, middle school, and older elementary school children. Consistent with the Referendum slogan, the park could provide "something for everyone". I assure you that such an addition would be much appreciated and regularly used by neighborhood families. ' Also Admitted in Wisc�ncin Mr. Kevin Batchelder Page Two December 2 1994 On December 26th, our neighborhood is ho2ding i�s annual holiday party. If passible, I would appreciate your re�ponse prior to - that date, so that I can report to neighbors at that gathering. I laok farward ta hearing from you by mail or telephane. Thank you for your attention and considerati.on. DLA:jag P.S. There has a3so been neighborhood discussivn concerning the construction of a Valley View Heights "neighborhoad designation" sign at the Tom Thumb Boulevard entrance (the site where the ariginal sign was lacated). In the event that the neighborhoad wants to proceed with this idea, I would appreciate your advice ar direction regarding the procedure that must be �'ollowed in order to legally place such a structure and otherwise comply with city requirements. Thanks again. � ""l � C ity o� .,,. < < - 1Viendota Heights December 21, 1994 Memo To: Park and Recreation Commission From: Guy Kullander, Parks Project Manager Re: Valley View Heights Park Improvements 0 BACKGROUND . �' The commission requested the billings dates for various improvements made at this park which were specifically charged to the Parks Referendum Account. • ' August 1990 - Haul in topsoil to construct berm al.ong roadway to direct water to street catchbasin. Topsoil also used to fill in low areas in open field. Rototill area � and seed. Sod also used in boulevard area�along berm. Cost $1585.00 July 1992•-�Purchase and installation of two benches, a trasher, and bike rack. Cost•$1283.00 July 1992 - Purchase of picnic table to be located in park during summer and stored at Public Works Facility during winter. Cost $202.00 plus staff time. November 1990 - Installation of five trees by contractor that had . Boulevard Tree Planting contract for that year. Three of the trees were live trees replaced by contractor due to'slow growth and only a transplant � cost was charged to city. Two new trees also planted at this time. Cost $ 540.00. This was charged to a general "Neighborhood Parks Improvements Fund" that was used for non-specific enhancements. August 1989 to present - Staff time charged to this park for various efforts and coordination amounts to approximately $340.00 (Current efforts have been charged to Special Park),� REFERENDUM FUNDS The amount of funding for ammenities for this park was from $1,500 to $2,000 plus overhead and contingencies of 20� to 25�. The total general amount found in several memos was $2,400. ��1`.1� Why is this referendum being proposed? Mendota lKei hts . g Park Refe�rendum Yesterday . Mendota Heights last passed a park referendum in 1971. The neighborhood parks we have wday resulted from that referendum. Our population has grown 40�'o sinoe 1971 and our needs have changed. More boys and girls are playing T ball, softball & baseball. Our older youth need softball & s000er f�elds. More adults are interested in walldng, cycling and playing ball. All of us have become more interested in recreation and concerned about our health. Our eldsting park system cannot begin to provide far our children, youth and adults. . �''. Today For the past several months, a 25 membes Parks Revicw Commmittee has been wdrl�ng to determino tho pazk needs of the community, and to recommend a program of aoquisition and. development i'he I�yor, City Council and Pazks Commi.ssion have unanimously endorse.d their recommendadon. Passage of the fust question on the ballot, $2.7 mil- lion, will m,eet the needs of today by: ' • Upgrading the oxisting neighbahood parks and dtvoloping 3 new ones on land already owned by the City. • Constructing several miles of connecting links of p�destrian/bicycle trails. . • Devoloping a 27. acre, community rxreation complex, including ballfields, on �and being dedicatod to the city. • Providing for development (joindy with School District 197) of a . ballffeld complex adjacent to Sibley High SchooL � Permitting the City to acquire a third site for ballfields and other community park needs. Tomorrow: Even if the first question passes, there will be additional park needs for the future. The second ballot quesdon on August 15th will be for an ad- ditional $700,000 of bonding authority. Approval of that question will be forward looking, creating the authorization for the City to act quick- ly in acquiring futune park land and making improvements as oppor- tunities arise. The City will not issue the honds and begin taxing for debt repayment until such time as the monies are needed. Parks, Trails, Ballfields: Somet�i�g for ]Everyone Vote August 15th �.... a � . — - - -.v - v - -J`i What will the 2.7 Millio�t in Qr�tion I provide? � ,.�ycle and Pedestxian Trails : See Map on facing page Neighborhood Park and Ballfield Improvements: i. ivy xu� • Half Court Bbskuball • Play StrucAm Addi6ons • Reseeding of Phy Feld • pdditiontl Lendscaping � Asphalt Padang 2. Wentworth 3. 4. • Half Couct Baskuball • New Play Stcucwre • Additional Landscmping . ps� p� Victoria Highlands (new park) � Half Court Basketball • Play St�t�ciure • Ball field, backstop. benches • Baaha, Trash Raxptacles � �g . �,Aesp�halt Pa�anB • Iiaff Court Bsskaball ` New Phy S� •. Impcoved Play Fie1d c y�.yp��alt Par�ng iialf Coutt Baslcttball • New P1ry St�da+e • Impcnved Play Field . �p� 6. Mendakota (new park) 7. 8. 9. 10. • Asphalt garldng lot . � • T�ro full s'ru Softball fields • Play Sttucqa+e Curley Park • I.andscxping. gicnic tabk • Benches. trash raxptscles Rogers Lake • Half Court Basketball • Volleyball Court � HoiseshoGs .. • Cmoe Lnunch • New Play Strucuue . Addiaamal L�dsc�ing �'iendly MA� . • Wildlife P�ewing Blisd � • Ekvated Psearing Mufaam • hitapcetive Signing i�riendly H� • Half Coiut Baskaball • New Plry S�u+e • g��u�� ad u�mg • Lsndscxp�ng . ' �P�B -m ♦�.,►�.1 11. Ha�strom-King (new park) • Baiches. Trash Receptscles ' ��g • gallfield grading dc seeding. b�ckstops wd benchas 12. Keasmgton Park (new oommunity park) • Three full siu Softball Felds • Two large Socca/Football Fdds • ComfortStetion Restrooms. ttong� oo�tcassions • Play Strucwne • . . . • Picnic Shelta . �g . ' • 190 Asphalt Parlang Spaces 13. Sibley Park (ne;v park) • Pmposed joiat fac�it}.r wirh LSD 197 • Pmposed Fac�itia to bc • detamiaed�y, Sciiool District 197 md (Sty of fuieadota Haghts: • p�p� 'I�vo Softball. One Base- balTmd�Oae SoccerFie]d • Cosnfort Station: . Restinoms. storage, arncessions • 14. New�Park� • �donat Si� Fi�md Odza Camnnnity Padc needs �Vhat wilt the $700,000 in Question 2 provide? Funding authorization to buy land for fut�u�e nceds and to complete our park system We must be able to negotiate and act quickly to acquire park land as it becomes�available. The City will not issue the bonds or begin taxing for debt �payment until the monies are needed Futur� citizens committees may determine Mendota Heights needs a senior citizen center, more hockey rinks, scenic overlook, more traiils, community center, etc., but if the land is not purchased now these possibilities can- not even be considered How much will the Park Referendum cost me�? Todays Assessed market value $100,000 $150,000 $200,0(}0 Question #: #1 # 2 # 1 #2 # 1 # 2 Maximum annual tax increase 20 year bonds, starting 1991 $40 $8 $84 $17 �u. Iow� much will the Sibley Clean-up Cost? *(Worst Case Scenario) Todays Assessed market value $1Q0,000 $150,000 $200,000 Maximum annual tax increase 1991 and beyond** $9 $19 $30 +'Ihis assumes ihat uro ddla�s w�11 be forthcaning fran insurance, fedaal clean-+ip or licigaaon souroa. However u ii andcipatcd that a subswuiil amamt will be ava7able from these sour�ces. • CITY OF MENDOTA HEIGHTS MEMO November 2, 1989 To: Mayor, City Council and Acting City d'' trator From: Kevin Batchelder, Administrative Assistan j�/'(3 ,�L+ Subject: Valley View Heights Park DISCUSSION At the October 24, 1989 Parks and Recreation Commission meeting, Valley View Heights resident Dave Ayers appeared-to testify on behalf� of his neighborhood about the enhancements planned for "Curley's Tot Lot." These enhancements are part of the recently successful Parks Referendum. During the discussion, Mr. Ayers stated that the neighborhood wished to have the park formally named "Valley View Heights Park". The Parks and Recreation Commission felt that this was in line with the other parks, which are all named after streets or neighborhoods they are located by. RECOMMENDATION The Parks and Recreation Commission voted unanimously to recommend to City Council that "Curley's Tot Lot" be officially and formally named and referred to as "Valley View Heights Park." ACTION REQUIRED If City Council desires to impleme� the Parks and Recreation Commission's recommendation, they should pass a motion designating the park located in Valley View Heights as "Valley View Heights Park." � e VALLEY VIEW HEIGHTS Council acknowledged and discussed a report PARK from Acting Administrator Danielson regarding a request from the Valley View Heights residents that the City officially rename the Curley's Tot Lot as the Valley View Heights Park. Mayor Mertensotto pointed out that the City " {: has a contract with the Association�and �� that action on a name change should be subject to and consistent with the park development agreement between the City and the neighborhood association. Staff was directed to direct the Park and Recreation Commission to hereafter refer to the park as the Valley View Heights Park. CDBG AGREEMENT Council acknowledged a letter from the ; Dakota County HRA requesting a modification :<: in its agreement with the City. Council �� also discussed appointment of a CDBG District 2 representative to replace former Councilmember Witt. Councilmember Hartmann volunteered for appointment. • Councilmember Blesener moved to authorize the Mayor to execute the �'Supple�ent to the Existing Cooperation Agreement for the � Dakota County Community Development Block Grant Program", and to appoint Councilmember Hartmann as the City's CDBG District 2 representativ� Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 U.S. WEST BUILDING Council acknowledged and discussed a memo from the�Acting City Administrator regarding the need to replace the 1" water service to the U.S.West building to a 2" service. It was noted that staff recommends that the Water Revenue Fund finance the change. Councilmember Hartmann moved to approve the payment of $7,050.00 to Langer Construction Company for the installation of a 2" copper � CITY OF MENDOTA HEIGHTS Apri113, 1995 TO: Mayor, City Council and City Ad ' FROMa James E. Daniel Public Works D' to SUBrTECT: Tree Removal Permit - Roya1 Redeemer Lutheran Church DISCUSSION: Council adopted a Tree Removal Moratorium at their March 7, 1995 meeting (see attached). Since that time staff has approved several tree removal permits in connection with the issuance of single family home developments. We have also authorized removal of trees under the exemptions clause. Recently the Royal Redeemer Lutheran Church, located across Lexington Avenue from City Hall, made application for a permit. As we interpret the moratorium, it only allows for staff to grant permits with the issuance of single family permits, therefore, the Church was informed that their request would need to be approved by the City Council. The Church has submitted the attached site plan and has aLso marked the trees proposed to be removed. � ACTION REQUIRED: Review the Church's tree removal request for a tree removal and determine whether or not to issue a permit. 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(�— / X� / s s uLA' � � % - _`�:'�r`_ � � • • • __.---' J� I R1 , '�[� �•J � • .._. _. �' �y / ,�_.= s �ir��r-�'� "� � C - _ �� '�..�. \. • A • J �� J�%./ , � `\ z � +J . �`�•� i. � � � n. '�/�irjv �e ' %, , .f .� CIT`Y OF MENDOTA HEIGSTS DAKOTA COUNTY, MS�SOTA RESOLIIT�ON NO. 95- f�'�� .l� �. � � � 1�- � � � � A RESOLUTSON AUOPTING A TRSE REMOVAL MORATORZUM WHEREA�, in the interes� o� public health, safety and welfare, the City af Mendota Heights hereby declares a maratorium for the periad hereinafter described on the removal of any tree �rom any property in the City of Mendota xeights without first obtaining a permit for such removal from the City Council, and �iiBREAS , �ollaws: a. b. c. d. e. f. the anly exceptions fram this moratorium are as Dead �rees. Di.seased trees which a qualified forester has determined require removal. Trees whi.ch the City Code Enforcement Officer determines pose a danger to persons ar property. Trees located in a Foundation Planting which for purposes of Ghis Resolut�.on are trees whose trunk is within. six feet (6'} of a dwelling house. Trees which are located in and in�erfere with a public utilit� easement or drainage easement. Trees on occupied residentia3. lo�s o� le�s than one acre which are less than eighteen inches (18") in da.ameter. NOW THEREFORE, xT ZS HERESY RESOLVED by the City Counci.l of the C3.ty of Mendota Heights that this maratorium is imposed pending the development and adop�ion of a tree protection ordinance �or the City which is curren�ly in �he pracess of being formulated. This moratarium is effecti.ve on the date this Resolution is adop�.ed and shall cantinue in force and e�fect until Sep�.ember 1, 1995 or until a tree preservation ardinance is adopted whichever �irst occurs. . C � . �•� � BE IT FIIRTHER RESOLV�D that the City of Mendota Heignts shall be liberal in its grants of pennits hereunder to accommodate the development of property within the City and may authorize Code Fnforcement Officers to grant permits under this Reeolution in connection with the issuance of building permits for single family homes which are not part of a development. BE IT FURTHER RESOLVFD there will be no application fees or permit fees. Adopted by the City Council of the City of Mendota Heights this 7th day of March, 1995. � ATTEST Rathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor � � r 0 �. ROYAL REDEEME� LUT�3ERAN CHU�iCH ,, 1960 Le�ngton Avenue South �� Mendota Heights, MN 55120 � (612) 452-1539 � �� April 12, 1995 Mayor Merten:�tto � Council Members: C. Koch J. Smith J. Huber 5. Krebsbach City Administrator: Tom Lowell Dear Mr. Mayor and Council Members: I am a member of Royal Redeemer Ch�uch and also chairmen of the ground improvement committee. � � liave presenta:d a plan to the code officer for removal of a number of wild growth ire�.s an our pr�perty. However, I find that your resolution 95-15 on tree moratorium does not address tree removal on our church property. 'ihere isn't any Oak - Birch - Maple - Oak - Walnut or Pine to be cut. All trees to be ctit are of�the cottonwaod sp�xi�;s. ".i'hf; tatal cosi �f this project is $E,()0.00. This money was given as a memorial fund for Eric Arndt, a member of our congregation, who passed away this�iast year. �± li�s property i.s bordered on the south by a Mendota Heights walking path. �a`-1� intend to plant flower beds and also three permanent benches for people to rest off tl�ic: path. Your ccxle enf��rcement staff has informed me that the City Council has to authorized th�.s project. IvIr. Mayor and Council if you stand in front of City Hall and look Fast you can see the pr�ject. In ?eace, L��k�fr' / s c 2490 Wilshire Court :�Tendota I�eights, MN 55120 1 sq. = 10 ft. Volleyball ct. �� 30'x60' '� v�ith added space 35'x65' Nev�� l?roperty (Approx�rriate Dimensions} Horseshoes Added �✓��: �-« � r � 10'x40' space 144 sq. � � .�.L,`(, ; -� � �_ � � � Play Equipment Church , Garbage Cans �b � Parking L.ot '� fi ' ?oa� s � de.wilk ��-o Driveway To Adult Home � �� -��-� �� -� � � � o �� -_ �. �.� . ; / / i � /� i � THE TREE - STUMP CO. 447-6167 13677 Dan Patch Drive D'ANN REEVES Savage, MN 55378 (612) 869-2620 FAX (612) 447-5824 a � 1t3T O� .,,,,,, 1�iiendota Heig,hts Applicant: Address: 4wner: Address: Contractor: Phone: Date: TREE REMC?VAL PER:MIT AP'PLICATION ��,� 1�� ,�.� �s Tacee Remaval Location: Numbar of Trees to be Removed: !►'i'� �..�'C�sr !��._5 � Na. � V`1 a s .,:-_ � �- 1 1 \..\v � t 1. Size _� �'' r C .�,� C� � u � ; .-`��O � ! `- %� � �SA�S I v� (��iti�- � tj �'"1 _�o ,�"� �' ' � i Approximate Removal Date: =� ; �5 '�z `i.� � � >: 5ignature: � ��.�c,.c �� ? Approved• C � ,��..,�� (Ap `ca.nt) � (Dats) Attachment: _ �., �' ��r *�.. u r ��Y��..�.1 � � -�;, za < � 1101 Victoria Curve •,�Viendota Heig,hts, 1VI.I�I � 55118 452•1850 L ' Mr. Les Ac�iitant�i 1/10/1995 I think that $600,00 will cover everytha.ng, That wi11 include cutting and remaving all specifiad trees, an estimated 74 irees. I wi3.1 rent a stump grinder and grind all stumps level with the ground. I T�rill get a chipper and chip all �he brush up, fram all the trees that T cut dowri, and all the brush that`s in that big box on the south/east corner of the lot. I will need a payment of $2fl0.00 aft�r 2j3 of the jcb is compl.eted. P.S, If you have any questions feel �ree tc� call me. , r` � .1'�-�'� t ; J r_ .,. � - , '' . . " �,' `, i, ._ �'" r . - .. /'� i� .� 4 \`� . . ' ^ t i t — �i. �,� � • .,,. \ � s John ;•3�ndt 62'7 Cimarron L•ak� �'3mo MN, 55042 H.436-?651 W.457-5290 Voice Page� . 660-8183 ; .�;_. _ . , - - _.: _ '_ .`.-. � - ' �- '�- . ____---- --'-J'. w; .� � f � r- . , • �,\ , , ' f � � . 1 sq. = 10 ft. Volleyball ct. 30'x60' viith added space 35'x65' New Property (Approx�mate Dimensicns) Horseshoe's Added �✓��• �-�� r �- 10'x40' space 144 sq. � � sidcwil(C � tU Driveway To Adult Home Play Equipment �_r Church Garbage Cans Parking Lot : THE TREE - STUMP GCl. 447-61 E37' 7 13677 Qan f'atch Drive D'ANN REEVES " Savage, MN 55378 (6t2) 8&8-2$20 FAX (Bt2} 447-5824 CITY OF MENDOTA HEIGHTS Apri113, 1995 TO: Mayor, City Couacil and City A' s FROM: James E. Danielson Public Works D' tor t .` SiJBrTECT: Mendota Plaza Parking Lot Impmvements DISCUSSION: Mr. Edward Paster, CEO, Paster Enterprises and owner of the Mendota Plaza, recently contacted the City to discuss upgrading the parking lot to his shopping center. Mr. Paster has been continually upgrading his center ever since he purchased it in 1986 and his long range plans are to continue improvements. One impmvement that would immediately cause a dramatic impmvement to the center would be improving the parking lot. The lot was const�ucted without a complete storm water system, and water ponds at several locations. Ponding water has a very bad effect on parking lots, both from the staadpoint of cars and pedestrians having to negotiate the "lake", but also the water seeps through the cracks, softens the subgrade, and causes pavement failures. This ponding situation occurs at several locations throughout his lot, but is worse near the main entrance on the west and the south side of the center. Access to the center from Dodd Road is also a problem for the center. This project would widen the entrance and increase the radii to facilitate easier acsess at this point. Paster Enterprise staff and City staff have also been working with Mn/DOT to see what impmvements could be made to Dadd Road to improve the access. All these options, 1eft turn lanes, widening, lowering Dodd Road south of the entrance, are too expensive to implement. Providing a right turn lane into the center can be done fairly inexpensively and we are working with Mn/DOT to include that as part of this project. Mr. Paster has hired a professional engineering fum to study the problem and recommend a solution, the results of that study are attached. As you caa see, the costs for completing these repairs are extremely high, and the only way Mr. Paster could complete them anytime soon would be to have City assistance. Mr. Paster recently had a similar situation at his center in Crystal and he was able to complete the work in cooperation with the City and TIl� assistance. Mr. Paster will be at the meeting to discuss the problem with Council. TIF ASSISTANCE The I.egislature is currenfly looking at eliminating or severely restricting TIF funding throughout the State. The cunent pmposed legislation provides a very small window for City's to take some final actions to preserve any remaining projects before all the TII� options disappear. Should Couacil desire to assist Mr. Paster with T'II� funding, we will u�ed to return to Council over the next two months to finalize the pmposal with Mr. Paster and conduct the appropriate hearing. NOTE: There are several other pending City TIF projects that will need to be finalized during this same time period in order to preserve them (Curley site, etc.). ACTION REOUIRED: Review Mr. Paster's proposal with him and determine whether or not to support it with TIF funds. Attachment "1 � V y cS: f+��pj �� +1i ]� '/.'� � � �l� , { i) f1. �' r �y' j� uf �4Y ' K �t.,'�i�';"` r�, 'i"' r' �'' - � w y4k � ti ,4� '�' . , : F �t 't +. � � �,�,� : -� 1 } j. 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'� � � i, �.�,., / �� 1 ,4 , kci �,a -�''�"�� F P'.+ � . : f •` � �} �'�� 4 � .�� '• 1 t ��1 �,;"`�� y'� � ��; f��[. F+�1,rt';�s�#� r� ,�f, 3 «�� ',4 " � �y��7 �1f1 ��i� �� ,* i . .,. �,,�. f .� �' �yi`+/ � �;,�'��d:'s ��,. ,� � `' t � �� '�� ;.; � ., t f � , .f r �% .�: � . Y .�` .,r�� i ��-�, �1 � : . ', : „1 fi q:. � , . t , a ' ,� � �, � � , . � �� .g � � s �� ' . � � � � `��' � � ` � '� � '� + ii c � �; M �`. 'P� . + `� r� �ak� � �l C ' � \. ;�. `� f , {. � �, < r • �i,;` ;ri� r�:�� , ,� � �t t .� ,�� 1 � � _ 1 , ' � �-�;•:,R; ..¢' � y�: �•t ` �, '!�. � `' ` ` �.� {,� �M�� . �� . � .. . ._ . _.� j'f � ��• ,.. � .. wr�� .. � ,. �. �� ;!'�. �. ': .I !/,F -�_; � � .� ��` CENTRAL PLA7.A 45th & Central Ave. N.E. Mumeapolis, Minnesota CRYSTAL SHOPPING CENTER Bass Lake Road & WestBroadway Crystal, Minnesota DODDWAY SHOPPING CENTER Dodd Road & Bemard Street West St Paul, Minnesota FARMINGTON MALL S. Hwy. 50 & S. Hwy. 3 Farmington, Mumesota April 13, 1995 DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave. • St Paul, MN 55114-1677 • 612-646-7901 • Faz 612-64�1389 Mr. M. Thomas Lawell City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Mendota Plaza, Drainage Project Dear Tom: Mendota Plaza was constructed in 1971-72 and was designed to fit a land development that included a new bridge over Highway 110 to the northeast of the shopping center site with the major entrance coming off of the new highway interchange. This is why the shopping center is positioned on the land in its present form. LEXINGTONPLAZASHOPPES This new MNDOT interchange failed to happen and consequently, a Lexington & Larpenteur Roseville,ivt�soc� somewhat substandard entrance was constructed into the center from Dodd Road. MENDOTA PLAZA S[ate Hwy. 110 8c Dodd Road Mendota Heighis, Mirmesota MOUNDSVIEW SQUARE Hwy. 10 & Long Lake Road Mounds View, Minnesota NORTHWAY SHOPPING CENTER State Hwy. 23 & Woodland Circle Pines, Minnesota SIBLEY PLAZA wesc 7cn streec St Paul, Minnesota The shopping center was purchased in 1986, and remodeling of the exterior and interior has been continuous since that time. Major redevelopment projects completed to date include a new brick front with thermo pane glass in 1987, a new exterior fascade in 1990, additional landscaping to help correct a pre-existing problem due to site layout in 1990, and in 1994, a new pylon sign was constructed near Highway 110. In the past, Mendota Plaza Associates has worked with city staff and highway department personnel to upgrade Dodd Road to enhance the entrance into the shopping center with left and right turn lanes, but to no avail. Additional site improvements consisting of a storm drainage system, SOUTHVIEW SHOPPING CENTER redeveloping the grading of the lot for grade corrections to allow water SouthviewBlvd. & 12thStreet to flow to the storm sewer system, additional lot and entrance lighting, South St. Paul, Minnesota re avin a ortion of the existin p g p g parking lot, a right turn lane, and an improved entrance from Dodd Road into the shopping center should be constructed as soon as possible. While there is a continuous commitment to upgrade the property, assistance is needed from the City of Mendota Heights. The project has been designed and estimates prepared by the engineer- ing firm of Bolton and Menk, Inc., and fine tuned by the City Enginee- ring Staff. Please find attached, copies of the design work including cost estimates. The proposed cost of construction is 5421,154.15. A contingency of 15% has been added for unknown ground conditions in the amount of 563,173.12, bringing the total cost of construction to 5484,327.27. Mendota Plaza Associates requests financial support on this project for one-half of the total project cost not to exceed $200,000.00. Respectfully yours, PASTER ENTERPRISES Edward J. Pa t Chief Executive Officer EJP/jlf enclosure PARKING LOT RENOVATION COSTS MENDOTA PLAZA 1. Total Estimated Construction Costs (See Estimate) 2. Lighting 3. Engineering Expense (See Breakdown) 4. Right Turn Lane on Dodd Road a 5318,230.00 36,000.00 43, 644.15 23.280.00 Subtotal 5421,154.15 Contingency - 15% 63.173.12 TOTAL COST 5484,327.27 BO L._TON � M� N K, I N C_ �onsultir�g �ngineers & Surveyors 1515 East Highway 13 • Burnsviile, MN 55337-6857 Phone (612) 890-0509 • FAX (612) 890-8065 October 26, 1994 Mr. John Streeter Paster Enterprises 2227 University Avenue St. Paul, MN 55114 Re: Mendota Plaza Improvements Mendota Heights, Minnesota Dear Mr. Streeter: As requested, we have revised Alternate No. 4 to include curb along the south side, as modifications to the main entrance and additional pavement and fabric. The cost breakdown is as follows: 1. Estimated Construction Cost . . . . . . . . . . . . . $318,230.00 2. Engineering (2A-2F per Exhibit II)* . . . . . . . . $ 31,500.00 3. Engineering (3a-3d per Exhibit II)* ........$ 6,365.(}0(2% of construction costs) 4. Engineering work invoiced to 7/14/94 .......$ 2,629.15 5. Engineering work to 10-26-94 . . . . . . . . . . . . . $ 3,150.(}0 (estimated not-to-exceed) (Includes Altemate No. 4 and Revisions) 6. Electrical Lighting (by others) . . . . . . . . . . . . $ 36,000.00 (6 poles & fixtures @ $6,000 each) TOTAL $397,874.15 * See attached Exhibit I and Extubit II. The estimate of engineering fees for plans and specifications for item 2 above is $9,500. Bolton & Menk will agree to stay at this estimate and to include the additional scope of work illustrated as Alternate No. 4 dated 10-26-94 provided item 5 above is accepted and the scope of work does not significantly change from the present Altemate No. 4. Please review the enclosed plans and estimate of cost. If you wish to revise either of these for your presentation to they City, please call. Also enclosed is a sketch of the proposed right turn lane on Dodd Road south of the main entrance. This turn lane is 225 feet long with a 180 foot taper (15:1) and is based on required deceleration length from 50 mph design speed to 14 mph average running speed. MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equol Opportunify Empfoyer � It is estunated that no storage will be required due to the free flow conditions at the entrance and through the Mendota Plaza parking lot. Please comment as to whether you want this improvement included into the scope of work. Please note that if this is included, it would necessitate additional design engineering, drafting and construction administration, inspection and testing to those costs indicated on Fxhibit II. Sincerely, ' , . A� k/� / l`� Ronald A. Roetzel, P. . 1;7a�C7� ENGIfVEERS ESTIMATE MENDOTA PLAZA IMPROVEMENTS MENDOTA HEIGHTS BMI PROJECT NO. TC94.0065 1 o/2s/sa k:\ronro\paster\estl.wk3 Estimate Sheet Bolton & Menk, Inc. 1 2 3 4 5 6 7 8 9 RELOCATE HYDRANT REMOVE CURB & GUTTER COMMON EXCAVATION COMMON BORROW AGGREGATE F1LL CLASS 3 BITUMINOUS PAVEMENT CONCRETE CURB & GUTTER TOPSOIL SOD . 1 405 500 300 330 500 405 225 1350 Job: Mendota Plaza Riqht Turn Lane Date: 10-24-94 Sheet of Estimated By: Ron EACH LIN FT CU YD CU YD TON SQ YD LIN FT CU YD SQ YD Subtotal Contingency Total $750.00 $750.00 $2.00 $810.00 $5.50 $2,750.00 $3.Q0 $900.00 $5.00 $1,650.00 $12.00 $6,000.00 $6.00 $2,430.00 $10.00 $2,250.00 $2.00 $2,700.00 $20,240.00 (15�0) $3,040.00 Estimate $23,280.00 BASIC SERVICES BY CONSULTANT MENDOTA PLAZA SITE IMPROVEMENTS MENDOTA HEIGHTS, MINNF.SOTA I.A. BASIC SERVICES For purposes of this Project, Basic Services to be provided by the CONSULTANT will be separated or divided into six parts and are outlined as follows: 1. Plans and Specifications A. CONSULTANT will complete final plans, specifcations and bidding documents and submit copies to the CLIENT for review and comment. B. As part of reports and other documents, CONSULTANT may fumish construction cost estimates as stated herein. Cost estimates will be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates shall be for general information of the CLIENT and no warranty or guarantee as to the accuracy of construction estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual, competitive bid prices with reasonable contingencies. C. The CONSLTLTAN'T shall assist the CLIENT in the preparation of permit applications for the Watershed District. The CONSITLTANT'S responsibility on the permit application shall be limited to the provision of information relative to the project. The CLIENT shall assume responsi'bilities for submittal and delivery of permit applications, necessary bonds, permit application fees, negotiation for access or rights-of- way, and all other work and costs associated with such permits. D. The CONSLTLTANT shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights-of-way if needed. E. The CONSULTANT shall prepare plans, specifications and proposal forms for use by bidders; assist in the preparation of advertisement for bids; and supply sufficient numbers of plan sets for distribution to bidders for which a charge to cover reproduction expenses and clerical time can be made by the CONSULTANT to plan holders. � , Page 1 of 7 F. The CONSULTANT shall attend the private bid letting (if required), tabulate unit price bid items and furnish tabulations to the CLIENT. G. The CONSLTLTANT shall prepare, with the assistance of the CLIENT'S attomey and staff, contracts for Award of Contract to the contractor. 2. Construction Stal�n� A. The CONSULTANT will perform construciion staking, furnish necessary equipment and supplies to establish grades and line for the contractor's guidance in construction of this project and in accordance with the contract documents. B. Specifically, the CONSLTLTAN'I' will provide the following sta�ng services: 1) Blue tops for subgrade and aggregate base - 100' grid; 2) Storm sewer - manhole and catchbasin offsets with rim and inverts pipe alignment and grades at 100' stationing; 3) Centerline of entrance drives and radii; 4) Concrete curb and gutter - 50' stationing and radii; 5) Starting and stopping points for pavement striping; 6) Locations for new, permanent signing; and 7) Limits of removal. All staking will be furnished on a one time basis. Any restaking and/or additional stal�ng will be considered extra work. ° 3. Project Construction Observation CONSITLTANT will provide construction observation services as required by the CLIENT. These duties are outlined as follows: • Attend preconstruction conference and other meetings required by CLIENT. • Actively confer with and update the CLIENT on construction activities and progress. • Act as a liaison between the Contractor and the CLIENT. • Verify that construction is proceeding in accordance with the plans and specifications. • Keep proper project documentation and furnish copies of such to the CLIENT, including: � A daily observation report recording hours on the job site, weather - conditions, daily activities, construction progress, and general and � specific obsetvations concerning construction activities. � • '� Ctiit Sheets • Survey Notes � Inspect all gravity flow utility lines, manholes and catchbasins to check for dirt and debris. Page 2 of 7 .R . • • Lamp all gravity flow utility lines to check for deflection of the sewer alignment. • Order density testing at the frequency required by the specifications and meeting with the testing personnel to determine the on-site testing locations. • Record as-built information in red ink on field plans, including: • Station all manholes and catchbasins, as well as their rim and invert elevarions. • Pipe sizes and grades. • Vertical and horizontal roadway curve data. • Stationing and elevations at ends of curb and gutter. • Prepare a punch list of construction items needed to be completed or corrected by the Contractor. • Prepare quantity documentation and coordinate this information with the CLIENT for the preparation of monthly pay requests for construction work performed. • Complete all documentation for construction and certify in writing that the improvements have been constructed in accordance with the plans and specifications. 4. Construction Administration The CONSULTANT will complete construction administration for the duration of the construction activities. This work is outlined as follows: • The CONSULTAN'T shall prepare, with the assistance of the CLIENT'S attomey and staff, the contract documents after award of contract. • The CONSLTLTANT shall attend and assist with the preconstruction conference to be attended by the CLIENT, contractors and any affected utility companies. • The CONSULTAN'f shall review, for conformance with design concept only, any shop drawings required to be fumished by the contractor. • The CONSULTANT shall prepare pay estimates on a monthly basis based on work completed to date and submit to CLIENT for review and payment. • The CONSLTLTANT shall consult with and advise the CLIENT and act as the CLIENT'S construction representative as provided in the contract documents. • The CONStTLTANT and its representatives shall not be responsible for the means, methods, techniques, sequences, schedules or procedures of construction selected by the contractor or the safety precautions or programs incidental to the work of the contractor. Page 3 of 7 � 5. So�1 Borings and Construction Materials Testing These services include five (5) soil borings up to 6 feet in depth as well as pavement design recommendations and report. For the construction materials testing, these seivices will include on-site inspection of subgrade soils, bituminous density and materials testing, aggregate materials testing, and concrete cylinders with testing. All of these services will be performed by others and the final estimate of fees will be determined be the firm chosen. LB. ADDTITONAL SERVICES Consulting services performed other than those authorized under Section I.A. shall be considered not part of the Contract Seivices and may be authorized by the CLIENT as additional services. Additional Seivices consist of those services which are not generally considered to be Contract Services; or exceed the requirements of the Contract Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following: 1. COORDINATION OF FUNDING DOCUMENTATION. Preparation of periodic grant reimbursement requests and documentation related thereto. 2. ADDITIONAL EASEMENT & ACQUISITION SERVICES. Boundary and easement surveys for the purpose of describing project sites and easements, preparation of properry descriptions, site maps, assistance with eminent domain proceedings, court preparation and testimony. 3. AS-BUII.TS. Complete drafting of as-built plans based on redlines completed through the construction observation. , 4. All other services not specifically identified in Section I.A. or I.B. Page 4 of 7 � � � � 1. EXHIBIT II COMPENSATION FOR SERVICES MENDOTA PLAZA SITE IMPROVEMENTS FEES The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time actually spent in performance of Agreement services. Schedule of Fees Classification Principal Engineer/Land Surveyor Associate Engineer/Land Surveyor Project/Design Engineer Licensed Land Surveyor Senior Technician Technician/Draftsperson Clerical ' Surveying/Sta�ng Two Man Survey Crew Three Man Survey Crew Hourl,�Rates $75.00 to $100.00 $60.00 to $75.00 $40.00 to $60.00 $50.40 to $60.00 $40.00 to $60.00 $20.00 to $40.00 $20.00 to $40.00 $65.00 to $85.00 $80.00 to $105.(}0 2. Total cost for the services itemized under Section I.A (Basic FeL) shall be completed at our regular hourly rates and sha11 not exceed the following costs (A, B& C) or hourly rates (D, E & � as applies: A. B. C. D. E. F. Soil Borings Plans and Specifications Construction Staldng Construction Observation Construction Administration Construction Materials Testing - $2,500.00 (Estimated �a 5 borings)' �. - $9,500.(30 ,. . � - $65-$85/Hr.(Esrimated @ $3,000) 3�j��' - $45-$55/Hr.(Estimated@$9,000.00) - $70/Hr. (Estimated �a $4,000.00) - $40/Hr. (Esrimated �a $3,500.00) 3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee (not-to-exceed 15%) for the following Direct Expenses when incuned in the performance of the work. a, Owner approved outside professional and technical services.. b. Special reproduction and reprographic charges. c. Expendable field supplies and special field equipment rental. d. Other acceptable costs for such additional items and services as may be required by the CLIENT to fulfill the terms of this Agreement. Page 5 of 7 B. The payment to the CONSLTLTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. C. This Agreement is based on the condition that the proposed utility work will include the storm sewer indicated in the preliminary engineer's estimate, dated October 12, 1994. The CLIENT will determine whether any additional utility work, including water and sanitary sewer, is needed. In the event that additional utility work is needed, this will be incorporated into the project at our regular hourly rates. Page 6 of 7 ROAD OES{GN MANUA� JANUARY 31, ��s2 DESlGN POLlCY AND CRITERlA s-2.o(zs) Table 5-2.05A Table 5-2.05A DESIRABLE DECELERATlON LENGTHS FOR TURN LANES FOR DESiGN SPEED dF EXiT CURVE—MPHtV) HIGHWAY AVERAGE STOP DESiGN RUt�NING CON- 15 20 25 30 35 40 45 50 SP�ED, SPEED, t7lTlQN MPH MPH FOR AVERAGE RUNNING SPEED ON EXIT CURVE—MPH 0 1 18 � 22 26 30 36 40 44 30 28 235 185 160 140 — — — — — 40 36 315 295 265 235 1$5 155 — — — � 44 435 405 385 355 315 285 225 175 — 60 52 53Q 5Q0 490 460 430 410 340 300 24Q s� �� o sao �a aso �sa a�o sso �a Zso 70 58 615 590 570 550 510 490 430 394 340 NOTE: THESE_ ._LENGTHS ARE THtJSE REQUERED F4R y'�F AND COMFORTABLE DECELERATION. NORMALI.Y, DECELERATI�N !S ASSUMMED T(? BEGfN—'UVR�EN�'iFTE"'VEHtCl.E ENTERa fiNE TAPER. TNE TABLE �ENGTHS DO N(7T iNCLUDE Si'd�� LENGTH. 3.8-deg angle. A sharter tager may be ,iustified where the turn lane is on a curve ar where a qreater storage Iength is needed, ' Z. Deceleration Length - The tum iane shotzid provide for all of the deceleration clear af the through traf- fic and allow for a speed reduction to safely make the turn or to stop campletely if other vehicles may be stapped ahead attempting ta make the same maneuver. The decelera#ion lengths, includinq taper length, aze shawn in Table 5-2.Q5A These 3engths assume that no deceleration occurs until the vehicle enters the taper. Lengths aze provided for com- binations of highway design speed and turning speed or for the stap condition. 3, Storage Length - The following criteria apply to un- signalized intersections: a, The Isngth shou2d be based on the number af turning vehicles 2ikely ta axrive zn an averaqe 2-min period within the peak hour. b. As a minimwn, space far at Ieast twa passenger cars shou3d be pravided. c. If over 10 percent trucks, space for at Ieast one car and ane truck shouid be pmvided. At siqnalized intersections, the storaqe length should be based on 1.5 to 2.0 times the average number of vehicles that should stare per cycie. The designer shouid consult the Distriat Traffic Engineer to determine the storaqe length for both signalized and unsignalized intersections. 5-2.05.Q4 Exceptions to Standard i'urn- l.ane Lepgihs Ideally, the sum of the deceleration length (includ.ing taper} and the storage length should be provided, However, on many urban faciiities with alosely spaced interseetians and aonsiderable raadside developmentr these may nat be feasible. In such cases, at least part of the deceleration musk be performed in the throuqh lane, which is a reason- abie assumption and does not unduly sacrifice safety. At same paint, hawever, the designer may cansider alter- native measures such as r�stricting turning mavements, adjusting the signal cycle {see District Traf�ic Engineer), providing dual turning lanes (warranted at turning volumes qreater than 30d VPH}, or providing continuous 1-way or 2-way left-turninq Ianes. Turn-lane lengths less than the desirable may be con- sidered when the design speed is 50 mph or less. The de- signer should also consider these factors: l, throuqh traf�ie voiumes; 2. traffic composition; 3. future pians far signalizing a presentIy unsignalized intersection; and �' «�. � �• " � • ROAD DESIGN MANUAL 'JANUARY 31, �ss2 DESIGN POLICY AND CRITERIA 5-2.0(2�) Figure 5-2.05A 1:25 Shoulder T•qer naw Dropcts 1:10 ta 1:15 iurn Lana "adE on" prajects !- M�l�+++Y � _ \ -► Inpixeor I plsnneE I Cmtrxtors aplion no 1:15 T�qr Striping snia. wimn� .�daitlon+Icortpens+Uon � 11 gnv�l :nwld�r Dro+id� adQklorul YS IM of eituminous surbcing for pr�nMiw m�iMm�nu. -------� � i ��10' VanaWa i � � S I I � ILAN YIEW RIGNT TURN LANE �t. H�d+.r.r 17 12' Twn LuN I.5' � 3'� Min. 3•• .015 y o� 2'/ic —... Topwi� Subyrd�0.015'/It Nonrt�nl.cone.pw't.16"min e�� itt «aw canvuc[ion Aqprp�a 8w RICID TURN LANE 14'Turn lan� Cwb and Gutter' o.orirc. —� ri Hi�e�hr 1' lY Tum LsrM � 5, 14' Tum l.an� EdM Stripin� � 6�� itub Snd Gutter L Ai5,y o.oz'/�t.--� o.aY�tr. —� M�n.3,� Tapsal Sub�ab 0.015'!tt e: t Se� Sett..7•5.0 Flexible Pavemmt Dewqn. fw strutturd thicknss. if N�s M�n m�inlirn structun thidcrwa pravids dditioiul . Q�nulr matrtid to m�tch Micknatt of mainliro. FLEXIlLE TURN LANE �i Mi�y 12' 17 Tun Larr ��, 3.0' ' EdM Stnpin� ° � V�t. —� 0.02y1t. _� TOqml Sub7r� QO15'/h, Q: f tst suq� oomtruction f�p f�,y, 7.5,Q Flexiblc Pavement Oesign, tar structurel thickness RIGID MAINLIME ANO FLEXIsIE TUNN LAME RIGHT TURN LANES Figure 5-2.05A ///////////%.:�/ PROJECT NAME: MENDOTA PLAZA PASTER ENTERPRISES I(�RONRO\STORNqMEND02.STM STORM SEWER [ GN DESIGN STORM FREQUENCY: 10 YR. 10 MIN. 1= 5.6 3 n= 0.01 iH Q PIPEi NAME: RONALD ROETZEL DATE: 10 /21 /9 4 SHEET: 1 OF 1 5 4 2.70 0.9 2.43 4.41 10.5 5.52 24.34 0.70 24 24.60 4 3 2.70 0.9 • 2.43 6.84 11.0 5.42 37.07 0.50 30 37.70 3 2 0.70 0.9 0.63 7.47 11.5 5.30 39.59 0.55 30 39.54 2 1 1.20 0.9 1.08 8.55 11.9 5.24 44.80 2.34 24 44.98 1 APRO 1.80 0.9 1.62 10.17 12.1 5.19 52.78 7.17 24 78.73 �, ::yiF{.tivxnti:+4�{ti�:';::i::i:ii:C�1}:::{;rtj?i�:::'{':SY � }• '•:.�:r � .v.... . .. $:tji�tiv.�+•r}{''�>r:.;. .r.::>.+v�\_F::.; . ::., .:: •.. .. :. ........: r:.n•::.v.'{•.n.Ai%'�.:.vvri:4i?i:::i::::.i..::.x. ;{;r. � ' L;ii�:;: A � ; • :; , .i}^ j}.. :. µi .. :>.::�: �. ..:{ r { 4. . ;� �:: � �. •. {�.i : 'S ir" ,_...: v?�':n•'ry• }.y+}:Si}{�:.i{.�:{i: }:.iy. .'�U �z��:�'��..�e# •`:�� ::�3>�'�`�}��:"r;;, .4 .5 7.83 215 0.5 7.68 250 0.5 8.05 205 0.4 14.32 175 0.2 25.06 120 0.1 a CITY OF MENDOTA HEIGHTS �� Apri113, 1995 TO: Mayor, City Council and City Adminis FROM: 7ames E. Danie on Public Works Direc o SUBJECT: Water Tower Reconditioning Update DISCUSSION• Last meeting Council was informed that, based on a complaint, the MPCA had contacted the City concerning the water tower sandblasting operation. As a result of the MPCA request tests were conducted on the sandblasted material to determine whether or not it was hazardous. These tests all showed that there was chromium in the material. Federal rules require that all sandblasted material contain less than 5 parts per million (ppm) total chromium. All of our first tests failed that standard for chromium. Because our contractor, TiVII, had never failed this test for chromium before and because the PCA was only aware of one other failure (not even in Minnesota) we were suspicious of the results. We retested with another laboratory. We also did some research on chromium (see attached). That second test also failed. You can see from the research information that there is "good" chromium (Trivalent) and bad chromium (Hexavalent). The County is the enforcing agency in cases of Hazardous Waste so we then met with Mr. Dale Stoerzinger, Dakota County Hazardous Waste Division to discuss our options. He told us that if the chromium was trivalent that he would consider it non-hazardous, so we tested the chromium to see which chromium we were dealing with . Those tests came back that all our chromium was the Hexavalent or hazardous type. We feel that we have now exhausted all our options with regard to testing and are convinced that the sandblasted material contains He�cavalent chromium in excess of 5 ppm and therefore is a hazardous material according to the Federal Standards. Hazardous Waste Disposal The City now needs to properly dispose of the container of sandblasted material that TMI has gathered. T1VII collected it and is storing it in a container in the Public Works garage pazking lot. TMI has also acquired quotes from two disposal companies. The low bid is from PDC who would dispose of the material ia Peoria, II, (there are no disposal sites available in Minnesota.). Because of the urgency with completing this project quickly I have authorized TMI to begin acquiring the appropriate permits in anticipation of disposing the material according to their attached proposal. Tank Maintenance Change Because the tank sandblast material is considered hazardous the City needs to change its tank reconditioning operation and eliminate the sandblasting. We bid tlus pmject thinking the sandblast material would not be hazardous, now that it is, it is too expensive to convert to a hazardous material handling mode (see Option 1) and we need to discontinue sandblasting. The contractor has given us aa option to receive a credit of $20,000 if we power wash the remaining tank exterior and the stand pipe with trisodium phosphate, hand tool nisted areas, spot prime, then apply a pruner to all surfaces and finish with the top coat of urethane as originally planned. The water tower can have up to three more coats of paint applied to it in this fashion before it begins to peel. Once peeling starts the tank then needs to have the paint totally removed and start over. Each new application of these top coat paints should add another 15-20 years of life to the surface. The Ciry's future option would therefore be to continue to add top coats until peeling starts, or at any other repainting interval�bid to have the tank sandblasted down to bare metal and start over with paint that does not have any heavy metals. The best price for the City will be achieved when the appropriate removai and disposal methods for chromium are included within the original base bid. RECOMMENDATION• � I recommend that Council authorize disposal of the sandblast material according to 1'MI's proposal, dated Apri17, 1995 (attached), and I recommend that Option 2 included in TMI letter dated April, 3, 1995 (attached) also be unplemented which will provide for power washing and spot sanding the remaining exterior surfaces in lieu of sandblasting. ACTION REOUIRED: If Council desires to implement the recommendation they should pass a motion authorizing change orders providing for hazardous waste removal according to T1VII letter dated Apri17, 1995 and operational changes according to Option No. 2 of TMI's letter dated Apri13, 1995. Attachments � ' '03�30i95 16:23 •` h N0. 314 D03 ' CORRQSION • CONTROL • CONSULTANTS • AN� f.ABS, fNC. � LA80RATORY REPORT L.A6 NUMBER: 9826 Maroh T8, 1886 CLlENT: TMt Coa�n�a, 2805 Dodd Rd, St Paul MN 66l21 SAMPIE HISTORY: SAMPL�D By: Ray Wftke . J08 �QGA i�N• Mendota Hetghts DESCRIP,=ON: spent abrasive SAMPLE �OCa174N: semple '1 oi 4 � : _.�, - • . . r: ; . �`� �� . � � . _, TESTS REQUlREO: SW-848 Method t311 - Toxicity Characterlstic Laaching Procedure RESULTS: EIEMENT TESTED Atse�tc Selenium Lead Cadmium Chromium Silver 6arium Mercury ' 6elow Detectab�e Limlt� MAXIMUM REBULTS ALl01NA8LE `60L ' ppm '8DL Sv�,� .0 p�m 5 ppm �BDL 1.0 pgm 9.1 ppm 5.0 ppm 'BDl 6.0 ppm 0.58 ppm 'i00.8 ppm '80L 0.2 ppm 0 OPERATlNG OETECTION LiMlTS 0.1 ppm 0.1 ppm -�. 0.1 ppm 0.03 ppm 0.05 ppm 0.1 ppm 0.1 ppm 0.001 ppm THiS SAMPLE I� CONSiDERED TO 6E A HA7J�RDOU3 WA3TE ACCOROING TO RCRA RE(3ULAT10N5 FOR 7HE LEACHABILITY OF CHROMtUM. 0 TEST REVlEWED BY: Katen J. Tinklerber�. C emI ' �r.c, . WRITTEN REPORT 8Y: O.M. Doezema /��j�, L "/ 4403 WNKER CT, • KENTtiN000. Mf 4�512-4064 • 816-Q40-3112 • FAX: 616-940-8139 03i30i95 16:23 . , ,� , � N0. 314 � D04 , ' Ct3F�RQ8tON � CONTAQL • C4NSULTANTS � ANQ l.ABS� INC. �, , CA80RATORY REP4RT . LA� NUMBER: 9629 ' Mtroh 2t�, �99� cu�r: rMr c�a�'n�s, aeoa� ooda Ra, sr P.ur �u� 6a:z� sAMPL� t��$tQRY: S A�,,,_,MPI�� BY R�y 1M#ke . J4 1�..�,.4CAT14(V: Mertdots Hei�hts QESCRlPTt�LN.� spe�t �brasive SAMPL� LOCATtQN: sampla 2 of 4 �,: ��►t i A � M Y�•�: c ; �:. �� • ►� �ll � ` • TESTS REQUtREF3: SUV-84Q.Ntethod 13i1 - Toxic�ty Character�s�c l.eachtng Pracedute RESU�.TS: ELEMENT TEST�t3 Arsenic S�Jenium Lead Cadmium Ch �!�MtiM RE�ULT3 ALI.OWABLE `80L , 6.Q ppm '8t��. t.Q gm •80l, pm '8D[. 5�� . ppm 5 ��„ oPERATlNG QETECTION LiMITS 0.1 ppm 0.1 ppm Q.1 ppm O.Q3 ppm rom�um 1 ppr» 5.0 ppm O.Q5 ppm Siiver '80l 5.t} �pt�t 0.1 ppm ,� Barium O.A�2 ppm 10Q.0 ppm U.1 ppm �`�' �ercury . '8D� 0.2 ppm O.�t�1 ppm S ' Below Defsctable Limit�s ' THIS 5AMPLE tS CON3tDERED TO 8E A HAZARDQUS 1NA8TE ACCG1RDiNG TQ RCRA REC3ULATit�N8 FtaR THE tEACMABl�iTY OF CHRClMlUM. ' TEST REVtEWED BY: i{�ren J. Tinklen6erfl . ( WRl"t?EN REPORT BY: �.M. Ooexema �' .� ,..,.. ,+,...��.�..... ..� �..+�n...i�r��. .�. ir.�� inr. , n,rn narl rf��i .. CA.V. d<A_AAl1.A10Q � . 03i30i95 � 16:23 i N0. 314 - COAAOSlON • CC3NTROL � CONSULTANT9 * AND LAB3, INC. . LABORIITORY REPdRT � V4B NUMBER: 98Z7 � • Msrch 28� t996 C�.IENT: TM1 CoetinQa, 2808 Dodd Rd� St Paul MN 56iZ1 SAMPLE HISTORY: SAMPLEQ BY; � Ray Wf&e OATE S MPLED: 3-Z485 JOB lO�,��ON: Mendota Heights DA��,J�2ECEiVED: 3-27-85 DES�RiPT[ON:� spent abraaive DATE �QMPL _ED: 3-28-85 SAMPLE LOCAT�OtV: sampte 3 of 4 TESTS REQUtREG: SW-8�6 Method 134'! - Toxlctty Characterlstic Leaching Prccedure RESUL.TS: ELEMENT TE3TE0 Arsenic Setenium Lead Cadmlum Chrornlum Silve� 6arium Mercury ' Below Oetectable limits . MAXfMUM RE3ULTS AL�OWABLE •BOL ��► ppm `Bi?L • 5��, b.0 p�m -�, P '8DL 1.0 ppm 8.3 ppm 5.0 pprn '80L 5.0 ppm 0.47 ppm 100.0 ppm 'edt, 0.2 ppm oPE�►T�N� DETECTION LiMlT3 0.� ppm O.i ppm 0.1 ppm 0.03 ppm 0.05 ppm 0.1 ppm 0.1 ppm 0.001 ppm THIS SAMPLE !S CON3iDERED TO BE A HA2ARDOV8 WASTE ACCOROthta TO RCRA FiEGULAi'IONS FQR TNE I.EACHABILITY OF CHROMiUM. TEST REVIEUYED 8Y; fCaren .i. Tfnk#enbetg� emis � .� V11RfTTEN REPORT 8Y: D.M. Ooezema •iAn /1Ia►uir� �� VC\1'711l�1P1f1 LI IA[f7_IACt . !10_�/11_Q117 � i.'/Si(• R1R.Q�i.R139 - � 0 „ � r+u. s�.� Wt�6 COR�iQSIt?N • CQNTR{�C *`C}NSULTANTS * ANt? LASS, lNC. . tJ1Bt��iATQRY R�PO�'i7' . lAB NUl�lBER; 9�28 h+�srch Z8, �88s CLiENT: iM1 �`08t�nQi� 2808 t�add Rd� St Pav� MN 53�21 8AMFt�� kI8TQRY: . - L+7::Yt+2-! \�t-J► � • .� •► SAMPlE l.00ATtON: aampta 4 of 4 � - �i� �_t .•! tl`1 i+t ��1 *�,” � • TESTS REC�UiRLC1: SW-84H Methad 13f �-'%xic�ty Charactet�$tiG �.eact�i�g Procedure , RESUI.T3: . t'�PERATtNG N�AXiMUM DETECTtCI[� ELEMENT ?ESTE� RESULTS ALLOWAHL� ttMtTB Arsenic � Selenium �ead Cadm�um Chromium 'BDL . ppm '80L $�ti . ppr» `9DL � '�� 3.� ppm '80� t.0 ppm '!6 ppm 5.0 ppm Q.1 pprt� 0.� ppm Q.1 pprtt "`� 0.03 ppm 0.06 ppm � Sllver "8DL b.0 ppm 0.1 ppm �, Sarium 0.44 ppm 'l00.0 ppm 0.1 ppm �c�, N4ercury '8Dl ' 4.2 ppm 0.0�1 ppm J�� h ` 6etaw Qetectabte l.�miia TNig gAMF'L� i3 CONSIOEREO fC} BE .A HAZARQClUS WASTE ACGt7RQiNG ' �o Rc�► ��+�uu�T�ot�s FaR �rH� ��acw�s�� aF cy�,oMsuM. T�ST REV�EtNED 8Y: Ksron ,i, Tinici�nber WRiT7EN REPOaT 8Y; D.M. Doezema � 4t03 dC3NKEFt CT. • KENTWCiOI"�, MI �t9S12�40S+t * l�i�•8<t1-3i 12 • FAX: St 8-840-8139 � � 0��06 '95 11�17 I D� I}C L I BRRRY ADt1 FAX: a A GUIDI� TO EVERYDAY POLL'CJTION HAZARDS John Harte Cheryl Holdren Richard Schneider Ghristine Shirley -� UNIVERSITY OF CALIFORNlA PRESS • Berkeley • Los Angeles � Oxford �• F h � 0�4�06 ' 95 11 � 17 ID:DC LIBRARY ADM FWC : daily intake from aaca: 0.06�— mg exposurts from inhaltd air: Acucc he th effects air Icvcls: headach dizzincss, slecpiness: SO— 150 ppn irrication to ucous ntombrxnes, nausea, irregular he beat: 150 ppm livcr and kidne damage: 15,000 ppm death: > 15,000 p Chronic healch effec�s ' levels: fatigue. headache. me ory loss (inhaled regularly): 100 ppm eirrhosis (inhaled over nd 100 ppm , , OSHA limit in workplace, ur;: EPA limic in drinking water: �10 Odor chreshald for chloroform: 3Q0 ppm Further fieading periods): ppm A�encr for Toxic Subscanca and Diseue Regis- try. 1988. Toxicological Profile%r Ch�orojor,n. Washingcon. D.C.: U.S. Public fie�lch Service. PRGE 3. Chromium Introduct(on Chromium is a mecal widely used in chmme- plzced sceal and scainless sceel. Ic hu che unique property �f being rtquircd Eor hu- man health in �ne fnrm, whilc bcing among the strongest known causes of lung cancer in another form. Ic is usually ranked second afcor benzene u a majvr toxic air polluc- anc. Small chtome-placing shops near residen- tial neighborhoods and pc�wer plant eooling towtrs are the two major sources of hatud. ous expasures. . Physical and Chemical Prope�ties Chromium is found in naturt in thrte scable forms: chcomium mecal� chrnmium(III), and chromium(V[). Chromium cnecal is olemen� number 24 in the periodic cable ,of the ele- mencs. It occurs widcly in thc orc chromice, from which it is refined. Chromium mrcal i� excremely, resiscanc to.chcmica! attzck (corrc sion and oxidaeiori): whieh 3ceoun�s foe i�s ust in scainitss sceel and chrome plating. Chromivm(III) and chromium(VI) art fotms of chromium cl�ac combinc with ochcr tle- mencs to form compounds. (The R�man numeral refers to a propercy called v�lence whic�dc�crmincs thc typcs of compounds or chemical rtac;tions a subscance can parcicipace in.) Chr�mium(III) (or trivalcnt chrottiium) is the form most widcly cncouncered in the cnvironrnenc. Ic is che more scahle of che two and is required f�r human health, pac- ticipating, along wic}t insulin, in maincain- ing proper blood suKarlcvcls. Chromium(VI) (or hexavalenc chromium) is che more impor- cant commercial form because oE ics chemic�l pruper�ies, but it can produce boch imme- diace adverse healch cffrccs and lung eanctr. Chromium(VI) is rapidly cransformed by ar- ganic matter intn rhromium(III) so th�t sig- nificanc quancicies of chromium(VI) are al- mos� always che result of human releases. 27B AGl►1D�TUCObiMONLYENCOClisl'EREDTI�XICS 04f{� "95 11�18 ID-IIC LIBRARY RDI'i Exposure and C istributian Most ptople ar� � exposed only to cl�romi- um{III) (che necessary 4cindj in food and ta a Icsser exunt in wactr. Air makes a r�lati�cty small coatribuci� �n, exctpt in thc viciniry of urtain factoriec, 'I`�se typical daily �duit ia- cake of chromiu m rangcs fram 0.03 co b. l mitligrams, over 90°l0 of which tomcs frc�m food. Formula-f :d infat�ts, howc�cr, rcceive over 99% af tl� cir chrornium intske fram the watcr used �o rcconscicuce ci,e farrnula. This example ilb istraccs the point chat lcvels af substance� in drinking wattr cansidcrcc� safe for adults c: n possibly bc huardous ta fc�rmula-fed izifa:tts, whoae entirt nutrirional xntake is bastd �n drinking watrr. Parents c�f fcsrmula-fcd 'yabies shauld asccrzaii� tbt qu3lity of their Ic�cal wacer svpply, and if quest�anable, ch� y sl�ould sw;uh co anocher sourcc of.water for makiag up furmula ar sh�uld use rcad}-to-drink Laricdes. No ad- vtrsa effrcts have bcen repaned for ardinary exposures co ch: omium(III). The IV��ional Acadrmy of Scic nccs cnnsidets �n adequ�te yet safe incakc of =hromium to be 0,05 to 0.20 miltigrams �or d; y. Chromium(V. }, the dangcrous farni, is used in mttal � tnishing (chrornc placing), chromium chcmicals prc�duc�ion, chrc�mivm pigmencs for pai� �ts and trxciles, leach�r can- ning, and some wood prrservacives (chrcr- mated copper ars rnate). h is alsa used irt elec- trital gow�r plan t cooling tawers co prevent corrosion in the cooling loaps. Urifc from cooling cowcrs c� n be an imponanc source t�f chromivm(V;} i;� tl�e viciniry of tirctrical power glants. Ch ramium(Vt) is also rcleased '�httt municipal refust is incinerated and when sewage slu� Igc and wasce from elcccro- plating aad chrt��+�itt rtfinery optrations are disposed. Shcid w�ste concaining chromi- um(VI) can bcca ne a haxard when disposed of in tandfil3s bec �use chis form of chrorniurn is very mabile in �,roundwates, whereas chro- mium�III} is nas. Conccntr�tions of chro- mium(VI) ca,n be high in factorits in any of thc prcYiously rr. entioned industrics and in � the vicinicics of such facwries. Typical en- vironrncntaf tevels of c;hromium are shown in Table 25, buc unforcun�tcly, a breakdown 6etwetn hazardo�s and nc�nhazardous fcsrms is noc �vailable. • Stee1 prociuctic�n, comhustion of toal and oil, and chromium chemicals pmduccion release the mosx cowl chzorr�'sum into tl�o air. �.Itccr�piating operations, leather unnerics, and cex�ile manufacturing ar� tho largesc sourcts af watcr relcases. C:hrc�mium chcmi- cal plants and chramite ore refineries are the largesc saurcrs �f chromium-cc�ntaining solid wastes. Total Gonsumption of chromiutrs in tht Unitcd States is approximatcly 504,Q00 tons per year, of which 60°!p goes to metaliur- gical uscs, 21 % cn chemicals pr�ductinn, and I$°!o for usc in lining furnzccs {rcfractory urtts). Health �ffects Chrominm mctal �gpcars ta. be biologiralty inert and no h�rmful ef[eccs have been re- portrd. Chramium{�II}is requirtd farhea]th, and all nrdinary exposucts are cc�nsid�ted ea bc safe. Chromium(VI} campous�ds.,are r�sponsible for thc majority of all adversc cffecu of chromium. Chromium(VI} cat� producc iivcr and kid- ney dama�c, incernal hemmorhage,�derrna- titis, respiratory dam�ge� and lung eancrr, aIthough drzmncic cases of chromium poi- soning are rar�ly scen roday bccavsc of im- provcments in induscrial safccy and hygi�nc. (�t31y six cues af acute poisoning hzve been reponcd since ]935, but mosL were fatal r�gardless of crezunent, I.�ngcr-tcrm c�cpo- sures ta thc respir�tary tr�ct and sicin can produce perforated and ulcerated ndsa! septa, inflarnmativn of chc nasal psssages, frequent nose btocds, and skin Kkcrs. T6ose effccts are nsually scen afttr industrial txpt�suros. A mt�rc common responsc ;s an �llergic skin reaccion {allergic contacc dcrmaticis) afetr ex- posure tc� chromium in such divcrse prod- ucts u leather, cement, brewccy ycasc, woc�d prescrvativts, priming punt, giue, and pxim cHxc}M(ttM 277 .• � �: :;. • 4 vti' w�a L t� t� ! ll: llC: L 1 t3RARY ADM � 'TABLE 25 Envlronmental Levels ot Chromtum 6Rsdlum Cor�sntrttlon Comm�ni�r . ----.--�. Air Rcalocc Urban Neu cooiing cowers �itCf �temate surface w�cer Surfacc driaking water T��ixaitt Cancamiaued groundwaccr Water neas caoling tnwers Chromiatn(III) and chsomium mcc:l Highcs� (cvol in Balrimare, ML1 Fooci Mast fvods QA2-0.St µglg Ufctn higherin acidic faads Wittt 4.45 mg/L B�cr 0.3 mg/I. Spirics 0.235 nYglL -pigmtnta. Sach rraccions cari akcn be suc- ccssfnlly ueaced wich hydrocarcisone crcams ar ascorbic acid (vicamin C) solucions. Lung canccr is now known co be a pu- ecnual consequence af breaching chromiurn- (Vi ) campcaunds, Thc EPA plxccs chrorriium- (VI} amoa� chc tap anc-fannh af subscancas ranked far ra�rcinogtnic potency and classi- fies ic in group A, which mcans suf&cienc tvidencc of causing human canctr (see Chsp- ttr 3, Staion B). Workers in the chromium chetnicals industry in the Unitcd 5tatcs, Great $ritain, West Gcrmany, and japan show a clear association becwccn thromiut» expr�sure and Iung canctr. Labaracory �xperimtnts further canfirm thac chr4tttium(Vi) cort�- paands (c�r their reacciYr intcrcrtediat�s wichin etlls) ean damagc �enecic mactrial. Ucher studies on laboracory animals show chat chis forni �f chromium can cause fccal malfurnta- tionx and rept'oduetive problems. Avoiding' Iong-term proximity tn factarics thst produce or use chromium chemicals, to power planc cooling cowtrs, and to municipal rtfuse incinerators will rGduct expusure to chromium(VI). Scainitss steel and refraccory scttl produccion Fxcilitits, chromc-citctr�- placing operacions, and ochor majar indus- trial facilities uc also sourtes of chromium and should b� avQided to the exccnt possibie. M�st chromc-plxcing shops xrt small opera- cions chat are wideiy disprrscd in urban areu and are scmetimts in ctosc prolcimity ta rrsi- dential nrighbothoc�ds. Chitdren ska�td nat be attowed cc� play npar thcse busin�sses or on playgraunds nearby btc�use the xails may be contaminated. . Uausual skin rashes chac appear aftex wn- tacc with products concaining chrotnium can usually bc creaced wich togi�ai mcdicaciorts, and fu;,�ther concact wi�l� thc susgectcd �rod- ucc shnuid bc avc�idod. Adcquace clo�liiag (lc�tlg slctves, paau, and glovcs) may be suf- ficicnc to elirninatt skin cxposure. Acutt ex- posurts that mi�yhc occur in a laboratory, in �n iDdustri3! facility, or by acciden�al swal- Iawing of chromaced wo�d preservacivc musc bt immediately crtated by traincd mrdical prrsonnei. Chrnrnium does not bioc'aicentra�e in food chains. Nacurally occurring chrornium has becn associattd with soil inEertilicy only in a few placax becausc of high concencn,cion3• C_hramium in the form af chrnmate chemi- r4 y1 b M' � �: � � Y � ! , t O�i06 '95 11�19 ID�DC LIBRRRY ADM calr is par�icularly u�xic to plancc, Itowe�cr, and chromium salt: shnuld be avoided in all ptant growing media. Cltromium(VI) is toxic to aquacic life, and wacer quality stan- dards have been escat lished for chc proceccian oF aquatic xpecies. I�:c�use chromium(VI) is npidly uznsformed to naehaurdous chrn- mium(11I) in ihe env ronmen�� a hazard exisu only_, in the vicinity of direct dischargcs to aaccr bodies. Aegulatory Status Fedeta) aater quali y standards are estab- ]ishtd by thc LPA f�r the pToteccion of hu- man hcalth and for c 1e pr��ectian of aqu�tic Iift. Chromium is li sted as a hazarduus aar pollirsa�t in the 199t Clcan Air Act, rtquir- ing thc EPA te set � micsion standards. Ic is also an che EPA to-rrmxnity rrghr-ta-,�now '=st, Occupational c� posure standatds set by SHA ase also in f�� cr for regulacing worker exposure to various c hromium compounds in factory air. Technical Informatic n Chemical symbol: C r Atomic number: 24 Atomic weight: SZ Adequzte and safc d ccary intake level: 54-200 µg/day Primary drinking a�a :er scandard (heal�h pro- uction}: 50 µg/L SO ppb) Ambieo� waccr quali •y critcria (protection o� �quatic lift): freshwatet; 11 E.g/L (I1 ppb) salcwater: 50 µg�L (50 ppb) OSHA limits in wo: kplace air: chromium(VI): SC µglm' chromium(III): 0. i mg/m' Furthe� Reaarng L•nvironmenul Pro�ccc on A�cncy. 1985. Healc% Asset�n�er�t Docuntet l• fos Chrumiu►n, Final Re- pon, EPA 600/8-53-014F. V�ashiogton, D.C. ,tioml Rtsearch G �uncil. 19�4, Ch>umiurrr. JVashington, D.C.: �'ommitccc on Biolo�ic Ef- feccs of Aunosphcric Po]lutancs, Nacional Acad- emy of Sciences. FAX� Names �tum; creasute oil; brick �il; cnal tar te As a w d prtservative, creosnte prtvencs or slows ccay and incrcasrs the lifc cxpcc- tancy of e wood by a factar of fivc or more. Iu p'mary use u a wcxsd preservacive is an milro d�ies and utility p�lcs, bu� ic is used extcn ively �n construction lumbrr, fcncc pasu, p �od, and faundation mate- rials. When u ed u a wor,d preservacive, creoso�e is act lly a mixcure �f chemicals produced by cbe discillacion af wood or coa] tar. The compo tion varies dcpending on du sourc� and m eontain phenol, eres�ls (methyl phrnnl), cosols, and� othcr bcn- zene-based aromati chemicals. Crcos�ce has a nu ber of diverse setond- ary uses. Ic is 3 water roofing agent, an ani- mal dip, a constitutnt f fucl oil, a Iubricanc, and an intermediate i chemiul manufac- tuting. It is used as an antiseptic, a disin- fectan[, an antipyrttic, a astringent, and a gtrtnicidc. -� Physical and Chemical Pro�E C;reosotc is a flammablc, hc y, oily liquid with a characceriscic sl�arp, moky smell. It has a caustic, burning tast Pure crco- sote is colorlcss, whilc thc indu, rial grade is brownish. Exposure and Dlstribution Wood greservatives �re uscd in lar c qvan- ticies; crcosoce and two other wo d pre- servativcs, inorganic arscnic compouc s and pencachlorophenol, nccounc for abau one- Lhtrd of all agriculturally and induscriall uscd pestieidts (fungicidcs) in the Unitcd Sta ts. A largc numbcr of construction w k- crs and a smallcr numbcr of do-it-yaur lf houscholders throughou� �l�e count.ry m C..RF.C)�Q7'L•' 279 PAGE COATINGS, INC. 2805 Dodd Road • St. Paul, Minnesota 55121-1519 USA •(612) 452-6100 • FAX (612) 452-0598 FAXED AND MAILED April 7, 1995 MSA Consulting Engineers Attn: Tom Roushar/John Hemming (�� (��(�(�(� 1326 Energy Park Dri ve 4!'L�;Ui,. �, �} l�,,lt�l5 St. Paul , MN 55108 p�;�� zf G5 ;� pq�LS 5 Fax t� '��? '�y�o (612) 644-4389 - (612) 644-9446 (Fax) ��: ��n� «v h Re: 2.0 MG Hydropillar Project FR��: �.A�" �h�'n City of Mendota Heights, MN (CONTACT (!S IF ALL PAGE� NOT RECEIVEO) TMI Job No. 95-1981-29 Approximate Cost for Disposal of Current Hazardous Waste on Hand Gentlemen: TMI has received quotations from two hazardous waste disposal companies including PDC (Peoria Disposal Company) and Laidlaw Environmental/USPCI. POC has proposed the most attractive disposal costs and a break down of approximate costs for disposing of the current chromium contaminated haZardous waste on-site at the Mendota Heights 2.0 MG water tank is as follows: Bobcat and labor to transfer hazardous waste from current dumpster to PDC trailer . . . . . . . . . . . . . . . . . . .� 500.00± Clean-up/decontamination of current dumpster . . . . . . . .S 500.00 Hazardous waste disposal cost 20 tons± at a150/ton .....�3,000.00 PDC dump trailer transportation (round trip) 1 load at al, 500 . . . . . . . . . . . . . . . . . . . . . .1. . . . .31, 500.00 PDC approximate 3 hour demurrage charge equals three hours at �65/hour . . . . . . . . . . . . . . . . . . . . . � 195.00 State of Illinois Hazardous Treatment fees 20 ton/yards at 56.06 per yard/ton . . . . . . . . . . . . . . . . . . . � 121.20 Analytical EPA permitting package . . . . . . . . . . . . . �1,286.00* : Analytical treatability study . . . . . . . . . . . . . . . S 385.00* Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . �7, 487. 20 TMI mark-up of 15% . . . . . . . . . . . . . . . . . . . . .�1,123.08 TOTAL ESTIMATED COST . . . . . . . . . . . . . . . . . . . .�8,610.28 * Both tests need to be performed before PDC will accept the waste for disposal. These costs will be charged even if they do not accept the waste. Contractor for Protective Coatings and Linings for Industry. An Affirmative Action, Equal Opportunity Employer. ��R OVER 2,000 PROJECTS COMPLETED MSA Consulting Engineers - April 7, 1995 Page 2 � The waste is taken to Peoria, IL�* where it is "stabilized" and then properly disposed of per EPA Rules and Regulations. The analytical permitting and treatability study takes approximately two weeks to complete after receiving a sample and if the waste is acceptable they will immediately transport a dump truck type lined trailer to transfer the waste into. Also, since the waste will be disposed of in Illinois, PDC will need both a Illinois EPA number and a Federal EPA number from the City of Mendota Heights since Mendota Heights is legally the generator. PDC is sending applications for both Illinois EPA number and the Federal EPA number, however we expect the City of Mendota Heights may already have a Federal EPA number. Per PDC's experience it takes approximately two to three weeks to receive both Illinois and Federal EPA numbers after the agencies receive the application. Therefore, the City of Mendota Heights needs to complete these forms and return them as soon as possible. The Laidlaw/USPCI proposal was approximately 40% higher in cost then PDC and their waste would either be disposed of in Oklahoma or Ontario, Canada. Attached is a complete written proposal from PDC. Note that TMI has disposed of hazardous waste in the past and the City of Mendota Heights needs to realize that the final cost for hazardous waste disposal is never 100% guaranteed until you receive the final invoice from the disposal company. Therefore, the above costs are an estimate only. If the City would prefer to handle the disposa7 of this Hazardous Waste, TMI encourages them to do so immediately. Otherwise, please issue a CHANGE ORDER ADD-ON for TMI to do it. REGARDLESS, IT SHOULD BE DISPOSED OF PROMPTLY. Or if you have a better idea, please provide written direction immediately. Should you have any further questions regarding this please do not hesitate in contacting me at 452-6100 or fax at 452-0598.� Encl: PDC Proposal for Hazardous Sincerely yours, TMI COATINGS, NC. , ; Gary s Chief Estimator/Project Manager Waste Disposal ** There are no Hazardous Waste Sites in Minnesota cc w/Encl: The City of Mendota Heights Attn: Jim Danielson Public Works Director 1101 Victoria Curve Mendota Heights, MN 55118 99/Jr-198129gj 0 Peoria Disposal Company PROPOSAL FOR TMI COATINGS ��l P.O. Box 9071 � 4700 N. Sterling Ave. Peoria, IL 61612-9071 Peoria, IL 61615-3647 (309) 688-0760 100% recycled paper Fax: (309) 688-0881 March 31, 1995 Mr. Gary Johnson TMI Coatings 2805 Dodd Road St. Paul, MN 55121 Dear Mr. Johnson: Peoria Disposal Company Thank you for giving us the opportunity to present the enclosed quotation. In addition to providing the specific services indicated in our proposal, we piedge to conduct our services in a manner which assures your satisfaction. We realize that awarding this business requires your investment of a substantial level of trust in the chosen service provider. As demonstrated by our excellent record of service and compliance, PDC is worthy of your trust. This proposal is subject to revision unless accepted within 30 days. However, if your award of this business is delayed, please contact me to determine if an extension may be available. . As always, I will be happy to discuss any questions you or your colleagues may have regarding this proposal or any of our services. We look forward to being of service in meeting this and other environmental needs. Sincerely, PEORIA DISPOSAL COMPANY . ��a � S . 833� Sherri Toelke �l � Technical Representative ST/ddl P.O. Box 9071 4700 N. Sterling Ave. Peoria, IL 61612-9071 Peoria, IL 61615-3647 (309) 688-0760 100°b recycled paper Fax: (309) 688-0881 PROPOSAL FOR TMI COATINGS Effective Dates: March 31. 1995 through May 31. 1995 Waste Name Generating Facili Dis�osal Cast Disposal Method Chromium Minneapolis, MN $150.00 per ton Stabilization Contaminated Blast Media Transportation: $1,500.00 per load (aluminum dump trailer) (liner included) $1,600.00 per load (weekends and holidays) One (1) hour in-plant, no charge $ 65.00 demurrage per subsequent hour 40,000 Ibs maximum net load Charges incurred due to overloading of PDC supplied containers/vehicles are the responsibility of the generator. Estimated Fees - State af Illinois: Hazardous Wastes -(treatment) $6.06 per cubic yard n I i al: $1,286.00 - IEPA Permitting Package $ 385.00 - Treatability Study �-� This quotation is considered firm for the effective dates listed and is subject to the following conditions: 1. Acceptance by PDC's Wastestream Approval Committee. 2. Receipt of applicable authorizations and permits. 3. Changes in regulatory assessments. 4. Changes in disposal methods and/or waste treatability. 5. Changes i.n the assumed treatment regimen for stabilization purposes. If found to be non-standard (>20% Reagent mixture) pricing will be adjusted accordingly. 6. PDC reserves the right to modify the proposal upon receipt of a completed waste material data sheet and bench-scale treatability study. 7. Bulk densities of >2,000 Ibs/yd3, waste materials with bulk densities of <2,000 Ibs/yd3 will have their pricing adjusted accordingly. Peoria Disposal Company � 100°�o recycled paper 04i13i95 12:21 COSTiNCi8, INC. � 2805 Dodd Road • St. Paul, Minnesota 55121 USA •(612) 452-6100 � FAX (612) 452-0598 April 13, 1995 The City of Mendota Heights Attn: Jim Oanielson Public Works Oirector 1101 Yictoria Curve Mendota Heights, MN 55118 (612} 452-i850 (6i2) 452-894Q (Fax) Re: 2.0 Hydropillar Project City af Mendota Heights, MN TMI Job No. 95-I981-31 Breakdown Costs for Alternate Dear Mr. Danielson: N0. 410 D01 � �[��a�C� o�� I � q � P�s �. �ax � �� Tp; J �=_a.v� , �ls�� fROM: r .l�t� n w,� ��OOi+�ACT S IF All, PAGES NOT RECE � Exterior Paint System Per your request attached please find a breakdown of the S20,000 deduct change order that TMI is offering the City of Mendota Fteights to change the exterior paint system an your 2.0 MG.hydropillar as previously addressed in TMI's letter dated Apri] 3, 1995 (capy attached}. I broke down the costs comparing the estimated costs to complete the remainfnt exterior areas using the original specified system verses the proposed alternate system. As you are aware, the Mendota Heights jobsite has been shut down due to the recent development regarding the existing chrome containing palnt. Far the last three weeks TMI's equipment and manpower has�been in a"stand-by" mode and TMI has incurred costs due to this delay. TMI is anxlous to resolve the exierior paint issue and would be willing to agree to no back charges to the City of Mendota Heights for the down � time/stand-by costs and the current labor costs incurred in the hazardous waste sand clean-up providing the City of Mendota Heights can make a decision soon and issue a deduct change order by Thursday, April 20, 1995. Sbould you have any further questions regarding the above or the attachments, please so nflt hesitate in contacting me at 452-6104. Sincerely yours, TMI COAiIN�INC. Chief �stimator/Project Manager Encl: Finai Breakdown of Costs Sheets � Attachments A, B, C, and D TMI's Letter Oated April 3, 1995 99/Jr-198131gj� Contractor for Protective Coatings and Linings for Industry. An Alfirmative Action, Equal Opportunity Employer. 0 04i13i95 12:21 N0.410 D02 � ! � • ! !.. � , • .� , , . Cost for Original Cost for Alternate Labor � 863 Hrs @ S16/hr - 523,808.0 547 hrs @ S16/hr - S 8,752.00 (see "Attachment A") Overhead = 513,808 x 4496 = S 6,016.0 58,152 x 44% - S 3,851.00 (see "Attachment B") Material = 519,529.0 a 514,922.00 (see "Attachment C") Equipment = S 3,672.0 = S 656.00 {see "Attachment D"} Sand Disposal = 103 Ton @ 535/ton = 3 b05.0 =� * S46,690.0 * 528,181.00 59b Contractor Fee - 5% Contractor Fee=S 1,409.00� TOTAL COST s 549,025.0 TOTAt CQSt = 529,590.00 7herefore, the total ct to change from the orlg'ina] system to the alterrtate system would be 519.435.00. (S49,OZ5 - 529,590.) * See paragraph 11.6.2•5 of General Conditions allowing for a Contractors Fee of 5� deductian for contract changes resulting in a net decrease in cost. gg/jr-1�98131g1 �-. ` '04i13i95 12:22 N0.410 D03 Sandblast 190 lst Primer Coat 190 2nd intermediate Coat 190 3rd Top Coat 190 Cl;ean up Sand � TOTAL - 863 hrs "Attachment A" � '�..!�. i � .�• ��_ 4,000 PSI Pressure Wash Spot Hand Preparat�ion lst Spot Prime Znd Intermediate Coat 3rd Tap Coat T47AL = 95 48 24 190 1�Q 547 hrs . Therefore, the alternate system would require 6 o s less than the origina7 stem. �-. gg/,jr-198131g2 04i13i95 12:22 "Attachment B" C -.,+..•. � • .•� �- -. • - -.. FICA {Social Security) FUI (Federal� Unemployment) SUI (State Unemployment) Warkers Compens�ation Insurance Liability Ir�surance TOTAL LASOR OYERHEAD gg/jr-198131g3 �' %.��J% _ .8% = 3.396 - 26.62% = 5 • 6396 - 44� �-. N0. 410 D04 , ' iO4i13i95 12:22 "Attachment C" : .,��. � � �_. . �,-� - Sandblast Sand - 103 tons @ S25/ton Tnemec �160 Primer - 150 gals @ 521.90/gal Tnemec #161 Intermediate - 150 gals @ 521.90/gal 7lemec �74 Tapcaat - 125 gals @ S43/gal Tnemec �20 F.C. - i20 Gals 0 21.90/gal Tiemec �4 Thinner - 40 gals @ S10/gal Tnemec #39 Thinner - 10 gals @ S23/gal Subtotal 6�% Sa1es Tax Freight - 595 gals @ S1/gal TOTAL � 4aterial to be returned - � 2,575 - S 3, 285� a S 3,285'` - t 5,315 a � 2�62$ = S 400 - S 230 = 517,118 � � 1,l56 = S 595 a 519,529 N0. 410 D05 TSP Cleaner � S 250 T�emec #50 Primer - ib gal @ S35/gal m S 525 Tnemec #27 Inter.mediate - 180 gals @ S24.50/ga1 - S 4,410 Tnemec �74 Topcoat - 125 gals � �43/gal - � 5,375 Tnemec #20 F.C. - 60 gals @ 521.90/gal - � i,314 Tnemec #4 Thinner - 25 gals @ S10/gal � S 250 inemec #39 Thinner - 10 gals @ �23/gal = S 230 Restock Charge #160/#161 = �6,570 @15� R S 986 Subtotal - 513,340 � 6�� Sales Tax a S 867 Freight - 451 gals @ Sl/gal - S 415 Return Freight 30Q qals @ S2 = 00 TOTAL - 514,922 " 1 Therefore, the alternate system would require �4,6Q7 less in materiais than the or,iginal system. jr-198131g4 04i13i95 12:23 • . � 's . � � • . � f � i ! ' ! � � !!" 1 I,200 CFM Air Compressor - 2 wks @ 51,000/wk 8 tori 61ast Pot - 2 wks @ 5458/wk Fl atbed Trai 1 er - 2 wks @ S38/wk Sand Storage Trailer - 2 wks @ �340/wk TOTAL = 52,000 - b 916 = E 16 _ � 680 = 53,612 N0. 410 D06 4,000 PSI Pressure Washer - 2 wks @ 5178/wk - S 356 Misc. Small Tools a S 30b TOTAL - � 656 Therfore, the alternate system would require S3•OI6 less in equ9pment than the original system. � gg/jr-I98131g5 �04i13i95 12:23 N0. 410 D07 COATIN(iS.INC. 2805 Oodd Road � St. Pauf. M(nnesota 55121-1519 USA •(612) 452-6100 • FAX (612} 452-0598 Aprii 3, 1995 MSA Consulting Engineers Attn: Tom Roushar 1326 Energy Park Or1ve SL. Paul, MN 55108 (612} 644-4389; (612) 644-9446 (Fax} Re: Z.0 MG !{ydropillar Project � City of Mendota Neights, MN TMI Job No. 95-198I-26 ALTERNATIVE PRICING fOR �XTERIOR OF TANK Oear Tom: Per your request, the following is TMI's "add-on" ar "deducts" for alternative systems for the exterior of the tank in ]ieu of the current open r.-. sandblasting operation due to the recent discovery. of chromium in the exterior pa�nt. � 4N . 1: Continue with sandblasting operations but instal cantainment system, d1 se af hazardous waste sand (chromium contamin , and the additianal wo r protectian costs as required by �SH hese costs are a follows: �� Canta9nment systeltr� . . . . . .�/. : . . . . . S 98,900.00* Estimated cost for hatar � waste disposal at approximately 103 to . . . . .. . . . . . . . � 36,000.00*� Addltional wA er protection cost ....�. .� 25,000.00±*** TOTAL ' . . . . . . . . . . . . . . . . . . . � I 59, 900 . OOt . \ * Ooes not include roof containment or any negative air requirements. �� This is an estimate only. TMI is still researching prices on hazardous waste disposal with chromium con.tamination. *** Again, this is an estimate only. TMI is researching what OSHA regulations are required. TMI is assuming that it is s9milar to OSHA 1926 for lead in construction. . Contractor ior Protective Coatings and Lln(ngs for Industry. An ANirtnaiive Action, Equal Opportunity Employer. .,iE=:. ;, ��-, '�iE?:; :�a,�; 04i13i95 12:23 k i� MSA Consulting Englneers April 3, 1995 Page 2 � Additlonal extra cost to use Blastax in the � sandbtast grit at approximately a 25X mlxture and based on 103 tons equals ........�. . S 22,700.00**** N0. 410 D08 OPTION N0. 2: Oiscontinue a11 sandblasting on the remaining tank exterior including the exterior of the wet riser, underside of bowl and interiar of the dry we11 tube and prepare and paint as follows: l. Pressure wash all surfaces with a 400d ps1 pressure washer with TSP (trisodium phosphate) cleaner. 2. Spot hand Coal/pawer tool clean rusted areas with hand sa�ders or grinders. • 3. Spot prime alI spat prepared areas with one coat of Tnemec No. 50-330- Paly-Ura-Prime at 2- 3 mils dry film thickness. (Tnemec Product Data Sheet attached}. 4. Prime all surfaces with ane coat af Tnemec Series 27 F.C. Typoxy at 2- 3 mils dry film thickness. (Tnemec Product Data Sheet attached). � 5. Apply complete full top caat of tnemec No. 74 urethane at 2- 3 mils per original specifications. (Exteriar of wet riser, underside of bowl and interior of dry well tube to get Pota-Pox #20 top coat.) . _� TOTAL OEOtlC7 TO CONTRACT AMOUNT IF THE CITY OF MENDOTA HEIGHTS CHOOSES OPTION NO 2 FOR TNE REMAINING EXTERIOR SURFACES . . . . . . . . . . . (520,000.00) TMI is confident the 4,000 psi pressure wash plus recoat of Option Na.�2 will be a successful sys�em and offers to DOUBLE iNE PROJECT WARRANTY AT NO COST. . None of the above costs lnclude any of the recent costs incurred by TMI , . due Lo extra hazardous waste cleanup costs, current hazardous waste djsposal costs, downtlme/standby costs or any possible penalty or fine that iMI may rec�ive from any Government authoritles.� TMI has an extensive amount af sandblasting e,quipmeni and unproductive labor sitting id�le on the jobsite during this downtime, sa TMI would appreciate an immediate written declsion fram the City of Mendota Neights on •which direction ta proceed with on the tank exteriar.. • �� **** Blastox or TMI tannot guarantee to render the spent sandblast sand nan- hazardous from chromium-based paint. � �04i13i95 12:24 : x �,. :� r,,� MSA Consulting Engi�eers � April 3, i995 � � Page 3 0 � (� N0. 410 D09 . Should you have a�y further questions regardir,g the above, please do not hesitate in contacting me or Jim Imre at (612) 452-6100. � Sincerely yours, ' TMI COA7�IGS, INC. � �nson ct Manager ��/99 198126gj . encl: ?nemec Data Sheet 50-330 and Series 21 F.C. Typoxy � 0 CITY OF b�NDOTA HLIGHTS April 14, 1995 TO: Ma.yor and City Council FROM:- Tom Lawell, City Administ a SIIBJSCT: Selection of Airport Related Topics Intended for Discussion Amongst Northern Dakota County Communities DISCIISSION Council is aware that representatives from cities in northern Dakota County met on Ma.rch 21, 1995 to explore airport ° related issues of common concern to our`communities. The goal of the meeting was to determine whether or not there was sufficient common interest amongst the cities to develop a collective voice which might prove more effective in advocating for certain operational changes at MSP International Airport. A copy of the agenda used at the meeting, and a copy of a memo discussed by our own Airport Relations Commission on April 12th, is attached for your information. At the joint meeting held on the 21st, those present reviewed a list of possible topics for multi-city collaboration (see attached). While all 18 listed topics were of interest to those present, it was decided that in order to better focus our initial efforts we should narrow our agenda down to five issues. Each city was then asked to return to their Air Noise Commission and/or City Council to formally choose the five topics most important to them. • At the Airport Relations Commission meeting held on April 12th, the Commission recommended the following five issues (not necessarily in rank order) for further multi-city collaboration: 1) Nighttime Restrictions on Aircraft Operations. 2) Composition of MAC Body - Accountability Issues. 3) FAA "Close-In�� vs. "Distant" Departure Procedureso 4) Corridor Definition/ Compliance Issues. 5) Equity of Current Runway Use System. Council is being asked to review this list and formally adopt these choices for presentation at the next multi-city meeting scheduled for Wednesday, April 19th. Based on the outcome of that meeting, Council will be informed of any changes in the top five list. Additionally, once the top five issues are identified, the multi-city group will then work to develop draft goals and action steps related to each issue. These draft goals and actions steps will be brought back to Council as soon as they are developed. ACTION REQIIIRED Council should review the recommendation of Relations Commission to select the above listed related issues for further discussion with other northern Dakota County cities. -. the Airport five airport noise impacted i APOLIS/ST. PAUL INTERNATIONAL AIRPORT POSSIBLE TOPICS FOR MLJLTI-CITY COLLABORATION Phase-Out of Noisy Stage II Aircraft. Nighttime Restrictions on Aircraft Operations. Composition of MAC Body - Accountability Issues. MSP Long-Term Comprehensive Planning Issues - Expansion of Existing Airport. Dual Track Airport Relocation to Hastings Site. Remote Runway Development Option. FAA Airspace Usage Study. � 8. FAA "Close-In" vs. "Distant" Departure Procedures. 9. Corridor Definition/Compliance Issues. �1 . Non-Simultaneous Departure Procedurese 11. Runway 4-22 Extension Issue. �� 12. Metropolitan Council "Noise Zone Map" Update and Related Land Use Controls. Noise Measurement Issues - Usefulness of Ldn65 Contour. Equity of Current Runway Use System. Sound Insulation of Air Noise Impacted Homes - FAA Part 150 Program. Expansion of MAC Aircraft Noise Operations Monitoring System (ANOMS) 17. Aircraft Ground Noise During Periods of Departure Over Minneapolis. 18. Aircraft Engine Run-up Noise. •' !_�i• :i: I:rl • April 5, 1995 TO: Airport Relations Commission M ers FRUM: Tom Lawell, City Administra StTBJECT: Discusa Meeting af Narthern Dakota Coun�y Aircraft Noise Impacted Communities nrsc�ssxorr You will recall that at our last meeting we discuased the idea of getting together with other aircraft noise impacted cities within northern Dakota County to exglore common aircraft noise related issues. It was hoped that out of euch a meeting there would emerge a callective voice concerned with MSP Runway 11LjR operations which might prove �a be more e�fective in lobbying the MAC for certain operationa.l, changes. The joint meeting was held on March 21, 1995 at Mendakota County. Club with the followirig individuals present: EAC�iN Pat Todd, Chair of Naise Abatement Commission John Hohens�ein, Assistant to the Ci�y Administrator INVFR Steve Hughe�, Member of Noise Abatemen� Commission GROVE Pete Amish, Member of Noise Abatement Cammission HETGHT� Linda Cummings, Adma.nistrative Assistant i� MENDOTA xE�GxTs Frank Tiffany, Mayor Glenda Spio�ta, City Admini�trator �cott Beaty, Chair of Noise Abatement Commission Tam Lawell, City Administrator A copy of �he agenda packet used at the meeting is attached for your information. The tone of the meeting was extremely positive wi�h each city expressing their appreciation to Mendota Heights for hasting such a get-toge�her. At the meeting we reviewed a list af possible topics �or multi-city callaboration and so�icited each city's position relative to each tapic {see attached) . . AZl present agreed to continue meeting as a group to hopefu3ly focus our efforts on a select number of the identified topics. More specificall.y�, the fol3.awing three actions arose out of the meeting: 1. Cities were to consider possibl.e additional topica for � inclusion an the list. As of today, the added topics include the future e�ansion of the AN�MS system, and cancerns related to airport ground naise and engine run- • up noise. The attached list of possible topics has been updated to refleet these additions. 2. Cities were asked to aelect and rank the top five issues for mu3ti-city collaboration they wouZd like to see the graup pursue. 3. The next meeting of the group will be held on Wednesday, Apr� 1 29; 1995 from 7:3G a.m. to 9 a.m. The City� of Sunfish Lake agreed to host the meeting which will be held at St. Anne's Epiacopa]. Chureh located-on Highway 110. ACTION RE4IIIRED The Airport Relations Commisaion ehould review the attaehed liat of possible topics for multi-c3.ty collabaration and select,, in order, the top five issues we would like to collectively work on in concert with other nor�hern Dakota County� cities. The recommendation of the Airport Relations Commission will then be forwarded to the City Couneil on April 18th for their action in time for the next join.t city mee�ing scheduled "fbr April 19th. _� m L. � 0 � NORTHERN DAROTA COIINTY CITIES IMPACTED BY MSP AIRCRAFT OPERATIONS- OPPORTONITIgS FOR COI,LABOR.ATION? _ TSN'PATIV$'AGENDA � MARCH 21, 1995 MENDAROTA COIINTRY CLIIB b�TDOTA HEIGHTS, bIlJ 1. Welcome and Introductions. 2. Discussion of`Need for IInified Approach Towards Air Noise Issues. 3. Survey of City Positions Relative to Current Air Noise Issues. 4. Discussion of Need/Desirability to Continue Joint Effort. 5. Selection of Next Meeting Date/Time/Place. 6. Adj ourn. -� ” 1 CITY OF MENDOTA HEIGHTS Y� � TO: Mayor and City Council FROM: Tom Lawell, City Administ SIIBJECT: DISCUSSION April 13, 1995 Continental Cablevision Proposed Contract with the Federal Communications Commission ' The City recently received from the Northern Dakota County Cable Communications Commission (NDC4) a copy of a proposed "Social Contract" between the Federal Communications Commission (FCC) and Continental Cablevision Inc. A memo from NDC4 Executive Director Jodie Miller, and various related documents, are attached for your review. The "Social Contract" would affect 3 million Continental subscribers nationwide and would be in effect for six years. Cable rates charged to customers would also be affected although, at this time, it is not known what the specific rate impact within northern Dakota County would be. This matter first became known to NDC4 on April 5, 1995 and the FCC is requesting comments from affected jurisdictions by May 3, 1995. The NDC4 Board has scheduled a special meeting for April 19, 1995 at which time this ma.tter will be more fully discussed. Councilmember John Huber, our NDC4��ouncil representative, plans to attend the April 19th meeting and has asked that if anyone has questions, comments or suggestions regarding this issue that they give him a call prior to that date. ACTION REQIIIRED Council should review the attached material and should contact Councilmember Huber with any questions, comments or suggestions they may have. If desired, this matter could be discussed at the Council meeting scheduled for May 2nd, just in time to formally submit comments prior to the FCC's Ma.y 3rd deadline. T0: FROM: DATE: RE: NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSI�ON . 5845 Blaine Avenue �� Inver Grove Heights, Minnesota 55076-1401 612/450-9891 FAX 612/450-9429 � TDD 612/552-9675 M E M O R A NDC4 City Administrators Jodie M. Miller, NDC4 Ex April 7, 1995 �� tive Directo FCC "SOCIAL CONTRACT" FOR CONTINENTAL CABLEVISION, INC. The FCC has negotiated a"social{ contract" with Continental Cablevision, Inc. and is accepting comments from cities and franchising authorities over the next 30 days (deadline May 3, 1995.) � NDC4 received this information Apri1;5, and is studying the impact of the "contract" on subscribers in northern Dakota County in order to decide whether it is appropriate,lto file a response with the FCC. This contract would be a major departure from current FCC rate regulation rules and procedures, and would be granted specifically to Continental Cablevision. Presumably it will be a precedent- setting agreement and would eventually be available to other cable operators if approved for Continental�. As you know, the Cable Act of 1992 directed the FCC to establish rules and procedures for the regulation of rates. Since that time NDC4 has been regulating basic rates1according to FCC rules, and the FCC itself has been responsible ti regulate rates on channels above the basic tier. According to the public notice sent oi "Social Contract for Continental CablE "reduce the administrative burden and� governments, the Commission, and C Continental believe it will also assi and improve Continental's service. TY study whether the "contract" will subscribers in the NDC service area. provide NDC4 with comments and feedl regulatory proposal before 4 p.m. on t by the FCC on April 3, the vision, Inc." is designed to :osts of regulation for local �ntinental." The FCC and re fair rates for consumers e NDC4 Cable Commission will provide these benefits to We ask that member cities �ack on this very important �pril 19 . NDC4 April Page City Administrators 7, 1995 E Enclosed are the FCC news release,�public notice, and "social contract" for your review. Also enclosed is a brief overview of some of the issues as we know them upon initial review. Much more information will be forthcoming as we (are able to study and discuss this document. The NDC4 Cable Commission will host a special meeting with Continental Cablevision representatives on Wednesday, April 19, at 4 p.m. Citv official's and staff are welcome to attend. We are working on arrangements for a teleconference with FCC staff and affected parties in this area, so that we can speak directly with FCc: officials involved in this proposal. We will notify member cities of the teleconference schedule. Please distribute the enclosed inform let me know if you have questions or member cities to participate in thi: your input. Enc. cc: NDC4 Ca61e Commissioners ition as soon as possible and comments. Again, we welcome process, and thank you for � INITIAL OVERVIEW OF THE FCC'S "SOCIAL CONTRACT" WITH CONTINENTAL CABLEVI�SION, April 7, 1995: The contract affects the 3 million subscribers to Continental Cablevision in the United States, and would be a six-year agreement. Continental would provide investment�of �1.35 billion to rebuild and upgrade its domestic cable systems fiom 1995-2000. Continental would reduce basic rates� by 15� across the country, (In Northern Dakota County, 9$ of subscribers take basic service.) Continental would be allowed to increase rates on the upper tiers of channels by 15�. � The FCC would resolve and terminate all of Continental's pending rate regulation cases. ( In 377 cases Continental. has been found to be charging rates higher than the ruleslallow; in some cases Continental has disputed these findings.) The total cash value of the 377 outstanding cases is not known at this time. The.FCC would allow Continental to ma�ke "in-kind" refunds to customers who have been overcharged (totalling �9.5 million) in lieu of cash refunds. (In-kind refunds in the fo'rm of coupons or credits for f=ee installations, second outlet, premium channels, or pay-per-view events wfth a"retail value" of $9.5 million.) Rules regarding rates on equipment and installation charges (currently regulated by NDC4} would change. (�NDC4 has a pending request from Continental to change equipment andlinstallation rates according to current FCC rules. NDC4 must take action on thts request by August 4, but Continental has asked and NDC4 had agreed to try to act by June 7.) This process may be null and void if the "social contract" is approved. Continental would be permitted to transfer up to four channels into a newly defined service tier that would be released of the "social contract's" price limits after Janua'ry 1, 1997. Rates for these four channels would be regulated oniy by market forces. Franchise authorities who wish to opt out of the contract's refund agreement and continue enforcing current FCC rules would have to notify the FCC by May 18, 1995. Only certain categories of regulating iranchise authorities would have the�option to opt out, and NDC4 would not be qne. The deadline to submit comments to the FCC is May 3, 1995. NDC4 will decide at its April 19 special meetijng whether to submit comments. C �� rsr. Federai Communications Commission 1919 - M Street, N.W. Washington, D. C. 20554 �Ns a an unoti�Cw announc�mnft of C:ortYi�as�att acCofl. lialus� of th� eonstlLmn ofidal aetlon. SN Nq v. FCC. S15 F 2d 3E5 (D.C. Circ 1�74�. COMIVIISSION AND NEGOTIATE SOCIAL COMIVIISSION REQUESTS � News media lnfortnation 202 / 418-0500 Recorded listing of release and texts 202 / 418-2222 ECE:Vc� AP� 6 1995 CABLEVISION, INC. .. .... _ , COMMENT April 3, 1995 The Commission and Continental Cablevision, Inc. have negotiated a Social Contract that will, if finally adopted by the Commission, resolve cable television rate complaints pending against Continental and require Continental �to upgrade its systems. The Contract was negotiated in accordance with the Commission's authority to consider and to adopt "social contracts" as alternatives to other regulatory �approaches applicable to cable television rates. Comments on the proposed Contract are due 'by May 3, 1995. Replies are due by May 18, 1995. � A Public Notice, entided "Social Contract f for Comment, the Commission Seeks Comment on Continental Cablevision that Resolves Rate Cases, . Increased Investment in Cable TV Infrastructure; R Million to be Provided to Affected Subscribers" (F Notice states: "The Contract is designed to (1) assu Conti.nental's cable service customers; (2) improve substantially upgrading the channel capacity and tec systems; and (3) reduce the administrative burden � governments, the Commission, and Continental. " • A Continental commitment to invest $1. upgrade its domestic cable systems. • A Continental commitment to establish 15 % below the Commission's benchma� systems and at 15 % below current rates • Resolution of the future rate levels for programming services tiers, all of Con tiers and, subject to opt out provisions Continental's regulated basic service ti service justifications. Continental Cablevision, Inc. Available Proposed Social Contract with sures Rate Stability, and Provides unds of Up to Approximately $9.5 : 95-137) has been released today. The fair and reas.Qnable rates for �ntinental's cable service by ucal reliability of its United States cable l costs of regulation for local ey elements of the Contract include: billion over the next 6 years to �line basic service tiers priced at rates for Continental's regulated 1 its unregulated systems. of Continental's regulated cable ;ntal's unregulated basic service scribed below, all of for which it has filed cost of An estimated $9.5 million in subscriber refunds, approximately $6.2 million for basic service and cable programming services tier subscribers for whom Continental has justified rates through cost of service showings and $3.3 million for cable programming services tier subscribers for whom Continental has justified rates through use of the Commission's benchmark formula. An opportunity for local franchise authorities to opt out of the settlement of basic service tier rates in those local franchise areas where Continental has submitted a cost of service filing to justify its rates. Justifications for basic service tier rates in franchise areas where Continental has submitted benchmark filings are not affected by the Contract. � The Contract does not constitute an admission by Continental of any violation, or failure to conform to, any law, rule,� or policy. Cable Services Bureau Chief Meredith J. Jones commented, "The Continental agreement is a very positive step that creates innovative solutions to complicated regulatory and business issues. The Contract will provide rate stability and refunds for consumers, as well as improved service and reliability. At the same time, the Commission and local franchise authorities will save coundess hours in reviewing and issuing orders about Continental's rates. Continental retains the flexibility to continue to provide excellent service to the public and to obtain finaacing for system expansion and to diversify into new businesses. I believe consumers, the company and the Commission will all benefit from the terms of the Contract. " News Media contacts: Audrey Spivack (202) 418-0500, Morgan Broman (202) 416-0852; Cable Services Bureau contacts: Lenworth Smith, Jr., Jerome Fowllces and JoAnn Lucanik (202) 416-08(}0. -FCC- _� FEDERAL COMMUNICATIONS COMMtSSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News media infoRnation 202/418-0500 Recorded� listing of releases and texts 202/632-0002. FCC 95-137 April 3, 1995 SOCIAL CONTRACT FOR CONTINENTAL CABLEYISION, lNC. AVAILABLE FOR COMMENT THE CONIIvIISSION SEEKS COMMENT ON A�PROPOSED SOCIAL CONTRACT WITH CONTINENTAL CABLEVISION THAT RESOLVES RATE CASES, ASSURFS RATE STABILITY, AND PROVIDFS INCREASED INVESTMENT IN CABLE TV INFRASTRUCTURE; REFUNDS OF UP TO APPROXIl1�iATELY $9.5 MILLION TO BE PROVIDED TO AFFECTFD SUBSCRIBERS Continental Cablevision, Inc. ("Continental") ("Commission") have negotiated a social contract. 7 Contract pursuant to its authoriry to regulate cable se Act and the Commission's February 22. 1994 decisi� alternative form of regulation for cable operators. T approval after evaluating public comment on the pro proposed Contract arc being mailed to each person v� one of Continental's systems. and to all franchising � to Continental. This notice contains a summary desc proposed Contract will be controlling and incercsted its entirety. Copies of the proposed Convact can be The proposed Contract is designcd to (1) as cable service customers; (2) improve Continental's channel capacity and technicai rcliabiliry of its Uni administracive burden and costs of rcgulation for Ic Continental. The proposed six-year Contract covers both t all of Continental's cable franchises, including those franchising authoriry has been certified to regulate b; filed against the cable programming scrvices tier. F has not certified to regulate ratcs contain approximat �d the Federal Communications Commission Commission is coasidering the proposed ices under Tide VI of the Communications that it would consider social contracts as an proposed Contract will be considered for �ed agreement. This notice and the � has filed a rate complaint with respect to horities that have granted a cable franchise �tion of the Contract. The terms of the sons should read the proposed Contract in �tained in the manner described below. : fair and reasonable rates for Continental's �le service by substantially upgrading the Staces cable systems; and (3) reduce the governments, the Commission, and �ic and cable programming service tiers in iat are currently unregulated because no ic rates, or because no complaint has been nchise areas where the franchise authority y 1.8 million subscribers to Continental's basic service tiers and approumately 1.3 million subscribers to Condnental's cable progranuning services tiers. Overall, Continental serves approximately 3 million subscribers. Under the 1992 Cable Television Consumer Protection and Competition Act, a basic service - tier is the tier of pro,�mm;ng that contains local broadcast stations. Cable pro�*�m�ng services tiers are all other cable services, except those sold on a per channel or per program basis. Spec�cally, the proposed Contract provides for investimcnt of at least $1.35 billion to rebuild and upgrade all of Continental's domestic cablc systems from 1995-2000, including deployment of fiber optic technology, increased channel capacity and improved system reliab:lity and picture quality. The proposed Contract provides for the resolution and termination of Continental's 148 pending basic service and cable programming serviccs cas�s where Continental had justified its raus using cost of service filings ("cost of service cases") and 229 pending cable programming services cases where it had used the Commission's benchmark formula to justify rates ("benchmark cases"). As part of the resolution of these cases, Continental will malce in-kind refunds to affected customers totalling approximately $9.5 million and conform all of its basic service benchmark and cost of service rates to 15 °lo below the Commission's benchmark formula as described below. In unregulated franchise areas, basic rates will be reduced 15 °b below the current rates. In settlement of Continental's cost of service cases: Continental will provide each of its approximately 509,000 subscribers to basic service tiers with an in-kind refund with a minimum retail value of $5.00. These refunds will have a minimum aggregate retail value of approximately $2.545,000. ' • Continental will provide each of its approximately 818,000 subscribers to cable programming services tiers with an in-kind refund with a minimum _ retail value of $4.50. These refunds will have � minimum aggregate retail value of approximately $3,681,000. • In settlement of Contincntal's bcnchmark cable programming services cases: • For pre-May 15, 1994 cable programming services benchmark cases Continental will provide each of the approximately 231,000 subscribers, who the Commission has detennined qualify for a refund, with an in-kind refund having a minimum retail value of $2.00. These refunds will have a minimum aggregatc retail value of $462,000. � For post-May 15 , 1994 cable progr�amrning services benchmark cases currently pending before the' Commission, Continental will provide each of the approximacely 351,000 subscribers, who the Commission has determined 2 U qualify for a refund, with an 58.00. These refunds will h approximately $2,808,000. The resolution of pending rate cases is wrongdoing by Continental. Basic service tier benchmark cases currently resolved by Continental and the franchise authority �nd refund having a minimum retail value of a minimum aggregate rctail value of any finding by the Commission of any before franchise authorities will be to Commission rules. Franchise authoritics will have the ability to opt out of the basic service tier cost of service refunds specified by the proposed Contract and to resolve with Continental any amounts owed to customers pursuant to Commission rules. To opt oui of the proposed Contract provisions, franchise authorities must provide writun nodce to tlie Commission of its decision to do so no later than forty-five (45) days following the publicatiOn date of this notice. Contincntal will forego its right to use cost of service justificat�ons to support any future rate incmases in any franchises covered by this proposed Contract during the period that the Contract remains in effect. Continental will reduce its ezisting basic sen "lifeline basic" tier. To accomplish this, Continenta regulated franchises, including franchises where ben filed. to �15% below the Commission's benchmark r service tier rates for all unregulated franchises to 15 will be permitted to offset each of the IS 96 reductio programming services tier. After this conversion. v� January 1, 1996, Continental will not add iny additi the term of the proposed Contract, exccpt as specifi� required by law. x tier rates in all franchises, creating a will reduce its basic service tier rates for all imark and cost of service cases have been _ e formula. Continental will reduce its basic � below their current rate levels. Continental � by increasing the rate for its cable uch will be implemented no later than nal programming to its lifeline basic tiers for .11y required by franchise authorities or as Cable programming services ticr races for frai chises for which Continental justified its rates under cost of service principles wili be set at current� rates. By January 1, 1996, the cable programming services rates for all Continental franchises that established their rates pursuant to the Commission's benchmark formula will compiy with the Commission's benchmark rules. Cable programming services tiers ratcs that are currently unregulated will be set at current levels. In each case, Continental will be permitud to adjust its� cable programming services rates to offset the 15% reductions in its basic scrvice ticr and to allow �for external cost increases, inflation and channel additions permitted by the Commission's �ing-Forward rules. Under the Going Forward rules, Continental is permined, subject to l�mits prescribed in those rules, to add new services and to reflect the cost of those new services by an amount not to exceed $.20 per added channel, plus the actual license fees for the added channcls. Continental will be permitted to conduct a second round of channel additions from 1998-2000 under the same terms. Continental will %e permit� to average broad categories of cquxpment and various installation costs for all its systems on a stat�-wide or region-wide basis. Cantinental will be permit�ted on each system to move nat more than faur existing services on cable programming services tier(s) ta a singie Mig:�ted P�nduct Tierw provided the Migrated Product Tier is offered without requiring customers to purchase any tier other than th� basic servicc tier. The rates of the Migrated Product Ticr will be regulaud in accordance with pricc Iimits cantai.ned in the proposed Contrdct until January 1, i997, at which goint Continental systems may elect ta convert their Migrated Praduct x �� into New Froduct Ti�rs, as defined by the Going Forward ruies, provided that the tier cantinues ta be o€fer�d without requiring customers ta purchase any tier other than ihe basic service tier. The rates for the New Praduct Tiers are reguiat.�d by market forces. The Commissian wiil ucat this procer,ciing as a non-res�icted pn�c�3ing. 47 C.F.R. §§ 1.1206, 1.124(�(a). Partics wishing to camment on the proposcd Contract should do so by filing with tiie Socretary no later than May 3, i995 an origina.l and faur capies of their comments. Replies may be filed na later than May 18. 15►95. All such pleadings should refer�nce the file number noted above. All comments wiil be avaiiable to any of the partics ugon request. Franchise authorities that wish to ogt aut of the basic service tier cost af service refunds specified by the Cantract, must providc writun noticx to the Commissian of its decision to do so by May 18, 1995. Aii such natif:cations shauld reference the f�Ie number noted abave. The cantract is avaiiablc for referenca in the Cable Services Bureau's pubtic reference room, Room 333 at 2033 M Street, N.W., Washington. D.C. Copies are available from the Cammission's copy contractor, Intcrnationai Transcriptian Scrvicxs, at Raom 24b, 1919 M Street, N.W., Washingtan. D.C., 24554. tel�phonc number (2Q2) 857-1433. The cantract is also availabie via lmernet at ftpQrfcc.gov. For further inforination, contact 3aAnn Lucanik, 3erome Fowlkes or Lenwarth Smith, Jr. (202) 41b-0804. Media contacts: Audrey 5pivack {202} 4i8-0SQO and Morgat� Broman {202) 416-Q852. --FCC- 4 TABLE OF CONTSNTS PAGE NO. I. BACKGROUND AND SUMMARY . . . . . . . . . . . . . . . . . 1 I I . DEFINITIONS . . . . . . . . - . . . . . . . . . . . . . . 5 III. TERMS AND CONDITIUNG OF THE SOCIAL CONTR.ACT ...... 6 A. Customer Refunds . . . . . . . . . . . . . . . . . 6 1. Cost-of-Service Franchises . . . . . . . . . . 6 a. BST Cost-of-Service Cases . . . . . . . . 6 b. CPST Cost-of-Service Cases . . . . . . . 7 2. Benchmark Franchises . . . . . . . . . . . . . 8 a. BST Benchmark Cases . . . . . . . . . . . 8 b. CPST Benchmark Cases . . . . . . . . . . 8 B. Creation of a Low-Cost, Lifeline Basic Service Tier and Rate Stability Plan . . . . . . . . . . . 9 1. Creation of a Low-Cost, Lifeline Basic Service Tier . . . . . . . . . . . . . . . . . 9 2. Rate Stability Plan . . . . . . . . . . . . . 10 a. Benchmark Franchises . . . . . . . . . 10 '� - 1) . BST Rate . . . . . . . . . . . . . . 10 � 2 ) . CPST Rate . . . . . . . . . . . . . 10 b. Cost-of-Service Franchises. . . . . . . . 11 1) . BST Rate . . . . . . . . . . . . . . 11 2 ) . CPST Rate . . . . . . . . . . . . . 11 c. Unregulated Franchises . . . . . . . . . 11 1) . BST Rate . . . . . . . . . . . . . . 11 2 ) . CPST Rate . . . . . . . . . . . . . 12 i � D. E. F. G. H. I. J. K. L. d. Equipment and Installation Rates for All Systems . . . . . . . . . . . ... . . . 13 Limitations on Rate IncreaGes . . . . . . .•. . . . 13 l. BST Rates . . . . . . . . . . . . . . . . . 13 2. CPST Rates . . . . . . . . . . . . . . . . . 14 3. Equipment and Install'ition Rates ....... 14 4. Waiver of Right to File Cost-of-Service Cases for Future Rate Increases . . . . . . . . . . 15 Resolution of Existing Rat� Cases . . . . . . . . . 15 Infrastructure Upgrade Comlitment . . . . . . . . . 18 1. Infrastructure Upgradl: Financial ...... 18 2. Infrastructure Upgrade: Technical ...... 19 3. Infrastructure IIpgrad�: Non-Discrimination . 20 4. Infrastructure Upgradl: Failure to Meet Investment Target . � . . . . . . . . . . . . 20 Migrated Product Tiers and New Product Tiers ... 21 1. Migrated Product Tiers . . . . . . . . . . . . 21 2. New Product Tiers . I . . . . . . . . . . . . 22 Franchises Subject to Effe�tive or Price- Constraining Competition � . . . . . . . . . . . . 23 Acquired Systems . . . . + . . . . . . . . . . . . 23 Local Franchising Authorit� Right to Opt Out of the Cost-of-Service Refund Settlement . . . . . . . 23 1. Right to Opt Out . . . . . . . . . . . . . . 23 2. Effect of Opting Out + . . . . . . . . . . . . 24 Reporting Requirements . � . . . . . . . . . . . . 24 Modification and TerminatiOn . . . . . . . . . . . 25 All Necessary Waivers and Ireemptions Deemed Granted . . . . . . . . , I . . . . . . . . . . . . 25 ll • M . Term . . . . . . . . . . . . . . . . . . . . . . . 2 6 N. Service of Contract and Public Notice on Interested Parties . . . . . . . . . . . . . . . . 26 O. Public Notice . . . . . . . . . . . . . . . . . . . 26 ' P . Entire Agreement� . . . . . . . . . . . . . . . . . 27 Q. Severability . . . . . . . . . . . . . . . . . . . 27 � 'l SOCIAL CONTRACT FOR CpNTINENTAL CABLEVISION, INC. I. BACRGROIIND AND SIIMMARY. I The "Social Contract" set out in this document (the "Contract") relates to services �nd iquipment offered by � Continental Cablevision, Inc. ("Conti.nental") and its subsidiaries actually or potentially subject to regulation under the terms of the applicable provisio�s of Title VI of the Communications Act of 1934, as amendid ("Act"). The Commission believes that this Contract will advance the public interest by: (1) assuring faii and reasonable rates for Continental's cable service customeri; (2) improving Continental's-cable service by substantially upgrading the channel capacity and technical reliability of its United States cable systems; and (3) reducing the idministrative burden and costs of regulation for local governlents, the Federal Communications Commission ("Commissi�n"), and Continental. The Contract has been negotiated by Continental and the Commission in accordance with the Coimission's authority to consider and adopt "social contractsl" as an alternative to other re lato a roaches applicable to Cable television rates, see 9� �}' PP � Cost-of-Service Order, 9 FCC Rcd. 45i7, �� 295-304 (1994), and its authority to regulate Continental's cable services under the Act. This Contract covers all of Continental's cable systems owned as of the Publication Date, iricluding those franchises that are unregulated either because no Lical Franchise Authority DR.AFT ("LFA") has certified and/or no complaint has been filed. Those unregulated franchises serve approximately 60% or 1.8 million of Continental's basic service_tier ("BST") subscribers and approximately 46's or 1.3 million of Continental's cable programming service tier ("CPST") subscribers. Thus, the Contract will provide rate stability and other benefits for Continental customers regardless of their regulatory status. The principal terms of the Contract are: • The resolution of 148 cost-of-service cases and 229 benchmark cases. (The 148 cost-of-service cases consist of 73 BST and 75 CPST cases filed between September 1, 1993 and the Publication Date. The 229 CPST benchmark cases consist of 129 Form 393 cases and 100 Form 1200 cases filed between September 1, 1993 and the Publication Date.) � As part of the resolution of these cost-of-service _ � and benchmark cases, Continental will make in-kind Refunds to its affected customers totalling approximately $9.5 million. • The rates for BST cost-of-service cases resolved pursuant to this Contract will be reduced as necessary from their current levels, which Continental submitted under cost-of-service principles, to levels calculated pursuant to Commission Form 1200. Future BST increases for these franchises will be based solely on inflation 2 DRAFT and external cost increases, as permitted by 47 C.F.R. § 76.922(d), including al� subsequent clarifications and amendments. • LFAs will have the a'vi�ity to "opt out" of BST cost-of- service Refunds and elect to resolve any amounts owed to customers with Contineital pursuant to Commission rules. Also, BST benchmaik cases currently pending before LFAs will be resolved by Continental and the LFAs pursuant to Commissiln rules. , • Continental will convert �ts existing BSTs in all franchises into "Lifeline Basic" tiers so that customers who only can affi rd or who only want the most basic local programming mal purchase it for a low � monthly fee. To accomplislh this, Continental will reduce its BST rates for a�ll regulated franchises to 15� below the rates requirl d by Commission Form 1200 and will reduce its BST raltes for al� unregulated franchises to 15� below Current Rates. • Continental will forego it�s right to use cost-of- service justifications to�support any future rate increases in any franchise�s covered by this Contract during the period that thel Contract remains in effect. • On a oin -f rw a's � ' g g o ard b si ,�Continental s BST and CPST rates for all subscribers�will be limited by the Commission's rules for inflation and external cost 3 D�2AFT adjustmenCs and by the "Going-Forward" rules. In arder ta fund the six-year capital spending program required as part of this Cantract, Continental will be permi�ted to conduct a secand round af '�Gaing-Forward" channel additions over the three-year period from 1998-2400. • Cantinental w�.11 be permitted to migrate up to four existing CPST services on each system to a single "Migrated Product Tier" ("MPT"), provided the tier is otfered without a buy-through requirement o� any tier other than the BST. Initial].y, �he MPT will be capped a�, current CPST levels far the migrated channels on the tier, and increases will be based on inflation and external costs, pursuant to Commissian rules. i�owever, there will be no limitation on the number o� new channels that Continental may add to this tier at the price of $.20 per channel plus license �ees. Aiter ' January 1, 1997, Continental may conver� the MPT into a New Product Tier (��NPT"), provided the �ier is offered wa.thout a buy-through requirement o� any tier other than the BST. • Cantinental agrees to spend at least $1.35 biilion from 1995 through 2�000 to rebuild and upgrade its domestic cable facilities. This represents an annual investment that is 120% of Continental's average annual cagital e�enditures frorn 1990 through 1994. 4 < II. DRAFT • This Contract or any settl;ement contained herein does not constitute an admissi � by Continental of any violation of, or failure t� conform to, any law, rule, or policy. DBFINITIONS. For the purposes of this Contract, the following definitions will apply: I (a) "C�rrent Rates" means those Continental system rates (b) (c) (d) (e) � that are in effect as of the Publication Date, or rates that will be�ome effective after the Publication Date and for which notice was given to subscribers on or before March 1, 1995. "Effective Date" means the date on which the Commission issues an order approving ihis Contract. "Eligible Subscribers" mea�s those subscribers who the Commission has determined qualify for a Refund in Continental franchises where there is`a pending CPST benchmark case. "Going-Forward rules" means the Commission's rules adopted in the Sixth Order�on Reconsideration, 76 , R.R.2d (P&F) 859 (1994), including all subsequent clarifications and amendme�ts. ' "Lifeline Basic" means a Clntinental BST that has had its rates reduced 15% pursuant to section III.B. below. DRAFT (f) "Migrated Product Tier" or "MPT" means a tier consisting of up to four services moved from a system's . existing CPST(s) and to which other services may be added (as de�cribed in section III.F. below). (g) "Publication Date" mea-�s the date on which this Contract was placed on public notice by the Commission. (h) "Refund" means an in-kind service offering in lieu of a cash amount. Such Refunds may include premium services, pay-per-view services, additional outlet and VCR installations, viewing guides, and other services or items having an established retail value. III. TERMS AND CONDITIONS OF THE SOCIAL CONTR.ACT. A. Customer Refunds. Pursuant to the settlement of Continental's existing benchmark and cost-of-service cases as described in this section, Continental will provide customer Refunds, which in the aggregate total approximately $9.5 million, as set forth below. The Refunds required pursuant to this section are listed in Exhibits 1-5. l. Cost-of-Service Fraachiaes. a. BST Cost-of-Service Cases. 1). In settlement of Continental's pre- and post-May 15, 1994 BST cost-of-service cases on file as of the Publication Date, Continental will provide each of its approximately 509,000 cost-of-service subscribers with an in-kind � 0 � DRAFT Refund with a minimum retail valu� �f $5.00. This Refund has a total consalidated retail value o� approximately $2,545,000. Con�.inental will ensure that a11 of these cost-of-'service subscrik�ers have a� least �.hree in-�ind Refund options and a� least 180 days to use the option�s)�o� their choice. Within 30 days of the Ef�ective Date, Caritine�tal will submit to the Cammission for its approval a list of praposed in-kin.d Refund options. � 2). Where an LFi elects �o "opt out" af BST cost-of-service se�tlements under seCtion III,I. below, the consQlidated Retund value shall be r�duced by the product of the number of subscribers in the BST cas�-of-service franchises for which LFAs have "op�.ed-out" times th� per sub�criber Refund amount. b. CPST Cost-af-Service Casea. In settlement of Continen�.al's �re- and post-May 15, 1994 � CPST cost-o�-service cases on �ile with the Com'�tissi.an as of the Publication Date� Continental will p�avide each o� its approximately 818,000 cost-of-�ervic� subscribers with an in-kind � Refund with a minimum retail value of at least $4.50. This Refund has a to�.al consolidated re�a�l value af appraximately $3,681,000. Con.tinental, will ensure that all of these cast-af- service subscribers have at least three in-kind Refund options and at leas�. 180 days ta use the opti?an{s) of their choice. Within 30 days of the Effective Date,� Continental wi33. su.bmit ta 7 0 DRAFT • the Commission for its approval a list of praposed in-kind Refund options. 2. Henchma=k Franchises. a. BST Beachmark Cases. Continental will resolve any pending BST benchmark rate matters, including any possible refunds, with the affected LFAs, pursuan� to Commissian rules. Nothing in thi� Contract, including Continen�al'� commitmen� to reduce BST rates to a level 15�c belaw the applicable Form 1200 ra�,e, shall empower LFAs �o order refunds beyond any that would be required pursuant to Commission rules. b. CPST Benchmark Casee. I}. In se�tlement of Continental's pre-May 15, 1994 CPST benchmark ca�es on file with the Commission as�of the Publicatian Date, Continental will provide each of approximately 231,000 Eligible Subscribers wit�h an in-kind Refund with a minimum retail value o£ $2.p0. This Re£und hae-a total con�olidated retail value of $462,000, Continental will ensure that these Eligible Subscribers have at least three in-kind Refund options and at 1.eas� 180 days to use the optionts) of their choice. Within 30 days of the Effective Date, Con�inental wiil submit to the Commission far its appraval a I.is� of propased in-kind Refund options. 2}. Zn settlement of Continental's past-May 15, 1994 CPST benchmark cases on tile with the Commission as of 0 the �Publication Date, Continental will provide each of approximately 351,000 Eligible Subs equal to $8.00. This_Refund has a value of approximately $2,808,000. these Eligible Subscribers have at options and at least 180 days to us choice. Within 30 days of the Effe submit to the Commission for its aD kind Refund options. DR.AFT ibers with an in-kind Refund otal consolidated retail tinental will ensure that ast three in-kind Refund the option(s) of their ive Date, Continental will oval a list of proposed in- B. Creation of a Low-Cost, Lifeliae Basic Service Tier and Rate Stability Plan. � No later than January l, 1996, of its BST rates. The rate reducti set forth below: inental shall lower all shall be implemented as l. Creation of a Low-Cosi, Lifeline Baeic Service Tier. In order to provide its custome�s with the option to � purchase a low-cost basic service tier, Continental will create a Lifeline Basic tier by reducing the forth in the next section. This co tes for its BSTs 15% as set ion to Lifeline Basic service will be implemented no later�than January 1, 1996. After this conversion, Continental will not add any additional programming to the Lifeline Basic tier for the term of this Contract, except, with prior notice to the Commission, as specifically required by LFAs or as G� by law. �: 2. Rate Stability Plan. a. Beachmark Franchiaes. 1). BST Rate. By January l, 1996, the�BST rate for all Continental franchises that established their BST rate pursuant to the DRAFT Commission's benchmark formula will be reduced 15% below the Form 1200 level, as of the Publication Date, and then adjusted at Continental's option, pursuant to Commission rules, for any previously unrecovered inflation and external costs that have accrued tnrough the most recently completed calendar quarter prior to such Lifeline Basic rate reduction. 2). CPST Rate. By January 1, 1996, the CPST rate for all Continental franchises that established their rates pursuant to the benchmark formula will be set in accordance with Commission Form 1200, as of the Publication Date, and then adjusted at Continental's option for: (a) any channels added pursuant to �the Cominission's Going-Forward rules; (b) an amount which yields the total revenues foregone by the 15% Lifeline Basic rate reduction; and (c) pursuant to Commission rules, any previously unr•ecovered inflation and external costs that have accrued through the most recently completed calendar quarter prior to such Lifeline Basic rate reduction. 10 DRAFT b. Cost-of-Service Franchises. 1) . BST Rate. � By January l, 1996, the BST rale for all Continentalr franchises that filed a BST cost-of�service justification will be reduced 15% below the level that would be allowable based on the Form 1200, as of the Publication Dale, and then adjusted at Continental's option, pursuant to COmmission rules, for any previously unrecovered inflation and external costs that have accrued through the most recently clmpleted calendar quarter prior to such Lifeline Basic rate reduction. 2). CPST Rate. By January l, 1996, the CPST rite for all Continental franchises that filed a CPST cost-of-service justification will I be maintained at the C�rrent Rate, ind then adjusted at Continental's option for: (a) any c�annels added pursuant to the Commission's Going-Fo�ward rules; (b) an amount which yields the l total revenues foregone by the 15% iifeline Basic rate reduction; and (c) pursuant to Commission rules�, any previously unrecovered inflation and external costs that hlve accrued through the most recently completed calendar quarter,prior to such Lifeline Basic rate reduction. I c. IInregulated Franchisea. 1). BST Rate. i. By J for all franchises that are unrecru 11 uary 1, 1996, the BST rate ted as of the Publication DRAFT ' Date will be reduced 15% below the Current Rate, and then adjusted at Continental's option, pursuant to Commission rules, for any previously unrecovered inflation and external costs that have accrued through the most recently completed calendar quarter prior to such Lifeline Basic rate reduction. ii. Since approximately 60% of Continental's BST customers are in unregulated franchises, this provision will assure rate stability and provide other benefits for approximately 1.8 million Continental customers whose rates are unregulated as of the Publication Date. iii. The order approving the Contract shall affirmatively find that rates set pursuant to this paragraph are reasonable under the Act and the Commission's rules . 2). CPST Rate. i. By January 1, 1996, the CPST rate for all franchises that are unregulated as of the Publication Date will be maintained at the Current Rate, and then adjusted at Continental's option for: (a) any channels added pursuant to the Commission's Going-Forward rules; (b) an amount which yields the total revenues foregone by the 15% Lifeline Basic rate reduction; and (c) pursuant to Commission rules, any previously unrecovered inflation and external costs that have accrued through the most recently completed calendar quarter prior to such Lifeline Basic rate reduction. 12 DRAFT ii. Since approximately 46% of Continental's CPST customers are in unregulated franchises, this provision will assure rate stabilit for approximately 1.3 million Conti are unregulated as of the Publicat iii. The and provide other benefits tal customers whose rates Date. approving the Contract shall affirmatively find that rates;set pursuant to this paragraph are reasonable under the rules . d. Equipment and Systeme. In order to reduce accounting fluctuations in consumer equipment increases in such prices as system terms of section III.E., Continenta broad categories of equipment -- su addressable converters, and remotes t and the Commission's tallation Rates for Al1 d regulatory costs, minimize ices, and eliminate large s occur pursuant to the will be permitted to average as addressable and non- - and various installation costs for all its systems on a state;-wide or region-wide basis. For purposes of this Contract, "region-wide" refers to Continental's five operating regionsl, described in Exhibit 6 to this Contract, and any reasonable molifications to such regions. C. Limitations on Rate Increases. 1. BST Rates. After a Continental franchise'sj rates are restructured as required under the "Rate Stability P�lan" described in the 13 DRAFT . previous section, future BST ra�e increase� will be govern.ed by the Commission's rul.es regarding the pass through of external cost increases and inflation. 2 . CPST Ra?:es . After a Cantinental franchise's rates are restructured as required under the "Rate Stability Plan" as described in �he previous sec�ion, future CPST rate increases will be governed by the Gommission's rules regarding the pass �.hrough of external cost increases and inflation and by the Going-Forward rules, except as modified herein. Specifically, Continen�al will be entiGled to conduct a second round of channel addi�ions over the three-year period from 1998 through 2000 in accardance with the existing Going-Forward rules. 3. Equipmea� and Installation Rates. Beginning on January I., 3996, Cantinental will file annual upda�.es �o its Form 1205 equipment and installation rates with �he Commission. The Commis�ion shall review ea�h updated Form 1205. Continental may begin charging revised equipment and installaGion rates to custamers based upon the updated Form 1205 upon thirty (30) days notice. These revised equipment and installation rates will be subject to refund if the Commission later canciudes that lawer state-wide or regian-wide rates are called for by the Forcn 124S and applicable rules. 14 , � . I DRAFT 4. Waiver of Right to gile Cost-of-Service Cases for Future Rate Increasee. Upon the Effective Date of the Contract, Continental agrees not to file cost-of-service-based rate justifications for any future rate increases in any franch�se covered by this Contract during the period that the Contract remains in effect. D. Reaolution of $xisting Raie Cases. 1. All CPST benchmark and BST and CPST cost-of- service cases currently pending bef Ire the Commission are resolved and finally terminated as lart of the adoption of this Contract. 2. All BST cost-of-servi before an LFA are resolved and fully adoption of this Contract, subject t out" of BST cost-of-service Refund s section III.I. below. _ 3. Continental accepts t Commission over it and the subject m settlements for purposes of this Con this Contract. 4. The Commission has r benchmark and BST and CPST cost-of- this review, the covenants and repr Contract, and in express reliance t conserve Commission resources, avoid 15 e cases currently pending terminated as part of the the right of LFAs to "opt ttlements under the terms of e jurisdi�tion of the tter of these rate ract and the order approving iviewed Continental's CPST lervice filings. In light of sentations contained in this ereon, and in order to ; litigation costs, and DRAFT � achieve the other benefits to the public contained in the Contract, the Commission agrees to resolve and terminate all cases involving Continental currently pending before it and all pending BST cost-of-service cases currently pending before LFAs, subject to the right of LFAs to "opt out" of the BST cost-of- service Refund settlement under the terms of section III.I below. 5. This settlement is without a finding by the Commission of any wrongdoing by Continental. Further, the Commission agrees that it will not institute, on its own motion, any proceedings against Continental based upon the information obtained during the consideration of the Contract. In addition, in the absence of additional facts, the Commission agrees that any allegations and other circumstances involved in consideration of this Contract or settlement of the pending rate cases will not be used against Continental with respect to any future proceedings at the Commission. Nor may they be used against Continental as evidence of any refund liability�due subscribers in any proceeding conducted by any LFA that elects to opt out of the BST cost-of-service Refund settlement pursuant to section III.I. below. 6. Similarly, neither the Contract, nor any settlement contained herein, constitutes an admission by Continental of any violation of, or failure to conform to, any law, rule, or policy. 16 '7. In consideration for�the Commission's agreement to enter into this Contract and resolve and �erma.nate pending benchmark and cost-of-service cases in accordance with the terms of this Contract, Continen�al hereby agrees to the terms, conditions, and procedures containe Continental ar�d the Commission beli expeditiaus resolution of �hese public interest, 8. Con�inental waives judicial review, appeal, or rights contest the validi�y of any order use this Contract as evidence in Con�inentai agrees that the provis incorporated by reference in the o Contract. Continental and the each active2y defend any order ad Con�rac� against any appsal of or an arder by any third party. Cont, agree that they wi1.1 reasonably such defense o£ the Contract. 9. Continental agrees t Con�ract or the order approving thi violation of a Cammissian order, exerc�se any rights and remedies a a Commissian order. 17 in the Cantract, which wi31 facilitate a fair and in a manner that serves the rights it may have to herwise to challenge or pting this Contract, or to such proceeding. ' s of this Contract shall be r formally approving this sion agree that they will ng the provisions af the er legal�-challenge to such tal and the Commission each te with the other in any �. any viola�ion of �his Contrac� shall canstitute a itling the Comr.iission to to the en�arcement of �: c DRAFT 10. The Gommission and Continen�al further agree that the effectiveness o� this Contract is expressly contingenti upan resoZution and terminatian of Continental's CPST benchmark and BST and CPST cost-of-service proceedings {except as LFAs may elect to opt out af the BST cost-of-service Refund settlement under section III.I, below), issuance of an order approving the Contract, and Continental's compliance with the terms, conditions, and procedures set for�h in the Contract. If this Contract is not approved by the Commission and accepted by Cont�nen�al, or if �he Contract is otherwise rendered invalid, in whole or in par�, by final order o£ any court of competent jurisdiction, the Contract or such part may no� be used in any �ashion in any lega3 proceeding. � 11» If the Commi�sion, or the United States on.behalf of the Commissian, brings an action in any United States Distric� Cour� to enfarce the terms of the order approving the terms of this Contract, Continental agrees, subject to the terms o� the• previous paragraph, that it will not conte�t the validity of the order, and will consent to a judgment incorporating the terms of �his Contract. g. Infrastructure IIpgrade Ccmmitment. 1. Snfrastructure Upgrade: Fi�ancial. Continental commits to invest at least $1.35 billion from January 1, 1995 through December 31, 2040, to substantially upgrade all of its cable systems nationwide so as to meet the m 0 � � DR.AFT technical upgrade commitment specifild in the next paragraph. Continental will make an annual invelstment for rebuilds and upgrades of its United States cable Isystems which is at least 120s of its average aggregate annual capital expenditures from 1990 through 1994. Accelerated expeiditures will be credited toward future years during the Contrict period. All of the $1.35 billion will be dedicated to Continental cable systems within the United States. 2. Infrastructure IIpgradi: Techaical. The investment commitment described in the previous paragraph will be used to upgrade ani rebuild Continental's U.S. cable systems so that, by December 31, 2000, the following minimum conditions will be met: • For each Continental cable system less than 550 I�iz, channel capacity will increase by a minimum of 20% of its capacity, mei sured in Ngiz . • All Continental subscribers will be served by a system with a capacity of at leasl 550 Ngiz; � At least SOs of Continental subscribers will be aerved by a system with a;capacity of at least 750 N¢iz ; • Systems serving at least subscribers will utilize transport signals from t neighborhood nodes; 19 5% of Continental liber optic technology to ; system headend to DRAFT • All Continental sys�ems will uti3ize addressability or other suitable technalogy to make interactive services available to subscribers and to enhance the abi].ity of consumers to make service choices. Continental will use its best efforts to deploy new technology in a manner that is'nat disruptive to cansumers; and • �ystem reliability and picture quality will be improved through the replaeement oE aetive companents (amplifiers) with passive conductors ( f iber) . 3. In£ras�ructure IIpgrade: Non-Diec=imiaation. Continental will distribute its system upgrade effarts so as not to discriminate among subscribers based on socio-econotnic status. _ �� 4. Infrastructure Uggsade: Failure to Meet Investaaent Target. If, a� the end of any calendar year, Continental has failed to invest at least 85% of the annual amount committed to infrastruc�ure upgrades, �aking into consideration accelerated payments from previous years as described in paragraph 1 of this sectian, Continental will be required ta make an in-kind Refund equal to the amount by which that year's capital e�enditure falls �hort of its required annual investment. Any Refund 20 �� applicable to a given year may be s;tayed, at Continental's option, for one year to ailow Cont�nental to meet i�s upgrade investment cammitment by the end of the foSlowing year. Zf by the end of the following year Conti�enCal has met its investment commitment for the previous year, then no Refunds shall be due. Refund� �hall be structured so as who have not benetitted frorn the set out in paragraph 2 of this s F. Migrated Praduat Tiera 1. Migrated P=oduct Ti a. On each of its a ma�cimum af four CPST services to Tier" i"MPT"i. Because the MPT compensate those customers upgrade requiremen�s � New P=oduct Tiers. stems, Continental may move sing2e "Migrated Product initiaZly consist of services sub�cribers have already as�ed to receive, Continental will not be required to re-market thi MPT to existing subscribers. These migrated channels may also be offered an an a _., la carte basis., Continental may not require the subscrigtion to any tier, other than the BST,1 as a condition for subscribing to an MPT, and may not require subscription to an MPT as a condition for subscribing to a CPST. � b. Initially, Continentai will set the rate £or a franchise's MPT at the same level,�on a per channel basis, that 2 2he purchase of the BST wiil continue to be required pursuant to Commission rules. See Act, § 623(b}(8}(A}; Rate Order, 8 FCC Rcd. at � 165. � 21 � DRAFT is set for that franchise's CPSTs under section III.B.2. above. There will be no limitation on the number of.new services Continezrtal may add to an MPT. Continental may increase the price of an MPT to reflect new services added to the MPT by an amount not to exceed $.20 per added channel, plus the actual license fee(s) for the added channel(s). c. Because customers will be able to subscribe to CPST(s) and an MPT on a stand-alone basis, the Commission will regulate MPT prices as of January 1, 1997 in the same manner in which the Commission currently regulates NPT prices. Prior to January 1, 1997, previously unrecovered inflation and external cost increases will be permitted on the migrated services in the manner pennitted by the Commission's rules for CPSTs. 2. New Product Tiers. On or after January 1, 1997, Continental may convert the MPT in each system into an NPT, as defined in 47 C.F.R. § 76.987, includi�ng subsequent clarifications or amendments. These NPTs will be treated as all other NPTa under the Commission's rules, provided the tier is offered without a buy-through requirement of any tier other than the BST. Also, nothing in the Contract shall be construed to prevent Continental from creating other NPTs and/or offering a la carte channels pursuant to Commission rules. G. Franchis�s Subject to $ffective or Price-Constraining Competition. 22 � The rate regulation term5 of to those Continental franchises DR.AFT s Contract shall not apply the Commission has found to be: (1) subject to effective competition under_the Act; or (2) price constrained by competition. However, Continental's upgrade commitments set out in �eccion III.E. continue to apply to such franchises. H. Acquired Systems. Cable systems acquired by Cont Date may be incorporated into this acquisition has closed and the Comm agreed on an amendment to include after the Publication ntract only after the sion and Continental have systems under this Contract. Notwithstanding the foregoing, Continental will not be permitted to create an MPT pursuantlto this Social Contract for acquired systems if NPTs already exist in those systems as a result of a la carte packaging by the prior owner(s) of such systems. I. Local Franchising Authority Right to�Opt Out of the Cost-of-Service Refund Settlement. 1. Right to Opt Out. � LFAs with pending BST cost-of-service cases will have the opportunity to ��opt out" of the BSTlcost-of-service Refund settlement provisions of this Contract and resolve any amounts owed to customers in such franchisei with Continental pursuant to Commission rules. To opt out of such provisions, an LFA must provide written notice to the Commission of its decision to do so 23 DRAFT no later than forty-five (45) days following the Publication Date. 2. $ffect of Opting Out. a. In any franchise area where the LFA has opted out, Continental shall not be required to provide any Refunds to BST customers, as provided for in section III.A.l.a. Additionally, an LFA may not use the facts or circumstances of this Contract, including any Refunds agreed upon by Continental or Continental's agreement to reduce rates and to create a Lifeline Basic tier, as evidence in any rate proceeding of any refund liability due BST subscribers. b. In any franchise where the LFA opts_out under this section, Continental retains the right to pursue any and all legal remedies regarding the decisions of the LFA, including appeals to the Commission and/or to appropriate state, local, and/or federal courts. _ •-� . J. Reporting Requiremeate. 1. No later than ninety (90) days following the end of each calendar year that the Contract is in effect, Continental will provide an annual progress report to the Commission outlining the amount of capital investment Continental has made in compliance with section III.E.1.; the number of subscribers affected by such capital investment; system reliability and service improvements resulting from upgrades completed during the 24 0 DR.AFT previous calendar year; and Continental's projected expenditures and upgrade3 for the following year! _2. The Commission shall have the right to inspect the books and records of Continental to verify compliance with the te �s of this Contract and to interview corporate employees. � 1C. Modificatioa and Termination. E f 1. The Contract may not be terminated or modified without the mutual agreement of Continental and the Commission. The Commission's consent to any such modification shall be demonstrated by an order issued by the Cable Services Bureau or, at the Commission's option, by the Commission itself. 2. If the laws or regulations applicable to any services offered in any Continental franchise change during the term of the Contract in a manner th�t would provide a material favorable financial impact on Contiiental, then at any time after such change has occurred, Continentil may petition the Commission to terminate this Contract. The Commission shall act expeditiously on such petition, and�grant of the petition will not be unreasonably withheld. L. All Neceasary Waivers andiPreemptiona Deemed Graated. In addition to the specific walvers of the Commission's rules identified in the Contract, the order'approving the Contract shall affirmatively state that any and all waivers of the Commission's rules, and any modlfications to Commission forms, necessary to effectuate the lerms of the Contract are 25 DRAFT � deemed to be granted. The Comrnission will not assert in any proceeding that Con�inental's compliance with the terms o� the Gontract violates any Commission rule or order, and, in any proceeding before the Commission brought by a third party, a shawing by Cantinental that it has complied wi�h the �erms of the Contract shall constitute a defense ta any claim that Continental's actiori's in meeting the terms of the Contract cons�itu�e a violation of an� applicable Commission rule or order. M. Term. This Contract shall become ef�ective when the Commission issues an order approving the Contract and shall continue in effect through December 31, 2000, subject to section S2I.K. above regarding madification and terma.nation. N. Sarviee of Coatract aad Public Notiee oa In�erested Parties. Continental will serve a copy_of this Soci�l Con�rac�, and the Public Notice announcing this proposed resolut�ion on all Continental LFAs and also will serve all parties to any pending Continental cos�-of-service or benchmark rate proceeding. a. Puialic xotice. The Commission will promptly issue a public natice in which the Commission proposes to adopt the Contract as a final order governing Continental's provisi.on of cable services, and shall prova.de interes�ed parties with thirty (30) days �o comment on ►7� 0 � the Contract and an additional fi � I3RAFT �en {15� days in which ta file reply comments. P. Eatire Agreemen,t. This Contract and ita exhibits, ae either or both may be amended in accordancs with the terms herein, con9titute �he entire agreement between Continen�al and t�he Commisaion with � respect to the subject matter of this Con�ract and supersede all priar agreemen�s and understandings� whether oral or written, between Continental and the Commission with respect to the subject matter of this Cantract. No representation, warranty, gromise, inducement, or statement of intention has been made by Continental or the Comrnission which is not embodied in this Contrac�, and neither party shall b� bound by, or be liable for, any alleged representation, warranty, promise, inducement, or sta�ement o� intention not embodied in this Gontract or its exhibit�. _� Q. Severability. If any pravision, c3ause, or p invalidated, the remainder af this thereby and shall remain in effect; such invalidation is matera.al to th negotiate in good faith to reconsti tha� is, to the ma.�cimum extent poss original in�ent of Continental and 27 of this Contract is tract shall na� be affected avided, however, that if Contract, the parties shall e the Contract in a form e, consistent with the Commission. IN WITNESS WHEREOF, this Con�ract has been duly executed and � delivered by or on behalf of �he parties hereto as o£ the Effective Date as defined herein. CONTINENTAL CABLEVISION, INC. BY= Name: Titl.e : FEDER.AL COMMUNICATTONS COMMISSION By : - . Name: Title: 0 EXHIBIT 1 COST OF SERVICE i BASIC SERVICE 55.00 PER SUBSC PAGE 1 OF ; cauFo NiA 1 BALDWIN HILLS, CA0937 2 CARSON, CA0439 3 CITY OF LA - AREA I, CA0808 4 CITY OF LA - AREA J, CA0775 5 CULVER CITY� CA0807 FLORIDA 6 LAUDERHILL, FL0185 7 OAKLAND PARK, FL0503 8 �'LANTATION, FL0008 9 TAMARAC, FL0153 !LLl�L41$ 10 BUFFALO GROVE, IL0515 11 -ELK GROVE VILLAGE, IL0518 12 HOFFMAN ESTATES, IL0522 13 PALATINE, I10491. 14 ROLLING MEADOWS, IL0521 �ASSACHUSETTS 15 BERKLEY, MA0266 16 BERNARDSTON, MA0088 17 � BEVERLY, MA0124 18 BILLERICA, MA0079 19 BOXFORD, MA0327 20 BURLINGTON� MA0080 21 CAMBRIDGE, MA0280 22 CHESTER, MA0342 23 CLINTON, MA0175 24 CONWAY, MA0325 25 DEERFIELD, MA0090 26 DIGHTON, MA0265 27 EASTHAM, MA0110 28 FREETOWN, MA0264 29 HAMILTON, MA0239 30 HOLLAND, MA0321 31 HUNTINGTON, MA0341 32 LAKEVILLE, MA0278 33 LANCASTER, MA0237 34 MARBLEHEAO, MA0263 35 MARION, MA0104 36 MARLBOROUGH, MA0122 37 MATrAPOISETr, MA0105 1?J31/94 �S,T SUBS 7,609 12,562 112,964 13,995 7, 594 12,991 469 23,257 17.248 10,802 8,532 11,184 10,066 1,275 680 11,843 9,864 1,795 6,368 20,108 259 4,562 263 1,626 1,534 2,576 2,176 1,939 705 463 2,339 1,552 6,562 1,555 10,608 2,140 �� EXHIBIT 1 COST OF SERVICE REFUNOS BASIC SERVICE T1ER 55.00 PER SUBSCRIBER PAGE20F2 MASSACHUSETTS 38 MIDDLEBOROUGH, MA0254 39 NEEDHAM, MA0199 40 NEWTON, MA0117 41 NORTHFIELD, MA0089 42 ORLEANS, MA0095 43 PHILLIPSTON, MA0340 44 PROVINCETOWN, MA0193 45 ROCHESTER, MA0283 46 SHERBORN, MA0310 47 SPRINGFIELD, MA0168 48 STONEHAM, MA0042 49 SUNDERLAND, MA0091 50 TOPSFIELD, MA0288 51 TRURO, MA0284 52 WAREHAM, MA0106 53 WATERTOWN, MA0130 54 WAYLAND, MA0267 55 WELLESLEY, MA0241 56 WELLFLEET, MA0194 57 WENHAM, MA0240 58 WESTHAMPTON, MA0322 59 WESTON, MA0268 60 WILMINGTON, MA0078 61 WINCHENDON, MA0213 MISSOURI 62 BELLEFONTAINE NEIGHBORS, M00341 63 BRENTWOOD, M00374 64 RIVERVIEW, M00345 65 UNIVERSITY CITY, M00370 NEW YORK 66 BRIARCLIFF MANOR, NY0734 67 CROTON-ON-HUDSON, NY1086 68 NEW CASTLE, NY0732 69 NORTH TARRYTOWN, NY0735 70 PEEKSKILL, NY0284 71 PHILIPSTOWN, NY1208 72 PLEASANNILLE, NY0737 73 TARRYTOWN, NY0738 12131 /94 BST SUBS 5,330 6,565 17,492 828 3,349 424 2,249 1,052 882 40,556 6,573 1,199 1,637 411 6,721 8,311 2,903 5,392 1,071 994 376 2,389 5,262 2,660 217,418 2,728 2,426 646 8,314 14,114 1,867 1,869 4,391 2,022 6,390 934 1,901 3,109 22,483 TOTAL 508,973 -� � � � � EXHIBIT 2 COST OF SERVICE I CABLE PROGRAMMING 54.50 PER SUBSC PAGE 1 OF CALIFORNIA 1 CARSON, CA0439 ' 2 CITY OF LA - AREA I, CA080& 3 CITY OF LA - AREA J, CA0775 4 DOWNEY, CA0922 5 LA MIRADA, CA0853 6 ORANGE COUNTY, CA0811 7 POMONA, CA0810 FLORIDA 8 DEERFIELD BEACH, FL0281 9 JACKSONVILLE, FL0398 10 PIANTATlON, FL0008 � 11 POMPANO BEACH, FL0302 12 SUNRISE, FL0207 13 TAMARAC, FL0153 14 W(LTON MANORS, FL0280 1LLINOIS 15 BUFFALO GROVE, IL0515 16 ELK GROVE VILLAGE, IL0518 17 HOFFMAN ESTATES, IL0522 18 MASCOUTAH, IL0834 19 PALATINE, IL0491 20 PEOTONE, IL0542 21 ROLLING MEADOWS, IL0521 22 UNINCORPORATED WILL COUNTY, IL1077, IL1080 MASSACHUSETTS 23 BERKLEY, MA0266 24 BEVERLY, MA0124 25 BILLERICA, MA0079 26 BURLINGTON, MA0080 27 CAMBRIDGE, MA0280 28 CHESTER, MA0342 29 CONWAY, MA0325 30 DEERFIELD, MA0090 31 DIGHTON, MA0265 32 EASTHAM, MA0110 33 FREETOWN, MA0264 34 HAMILTON, MA0239 35 LAKEVILLE, MA0278 , 36 MARBLEHEAD, MA0263 TIER 12/31/94 CPST SUBS 12,548 109,529 13,857 13,773 7,701 4,104 13,082 174,594 13,231 163,328 22,835 24,797 22,264 16,741 10,757 8,511 11,143 1,361 10,018 1,002 5,667 17,934 66.393 1,250 11,556 9,466 6,111 18,870 240 254 1,580 1,519 2,380 2,153 1,877 2,298 6,337 --� EXHlBIT 2 COST OF SERVICE REFUNDS CABLE PROGRAMMING SERVICE TIER 54.50 PER SUBSCRIBER PAGE20F3 37 MARION, MA0104 38 MARLBOROUGH, MA0122 39 MATTAPOISETT, MA0105 40 MIDDLEBOROUGH, MA0254 41 NEEDHAM, MA0199 42 NEWTON, MA0117 43 NORTHFIELD, MA0089 44 ORLEANS, MA0095 45 PROVINCETOWN, MA0193 46 ROCHESTER, MA0283 47 SPRINGFIELD, MA0168 48 STONEHAM, MA0042 49 SUNOERLAND, MA0091 50 TOPSFIELD, MA0288 51 TRURO, MA0284 52 WAREHAM, MA01 Q6 53 WELLFLEET, MA0194 54 WENHAM, MA0240 55 WESTON, MA0268 56 WILMINGTON, MA0078 MICHIGAN 57 WEST BLOOMFIELD, M10868 MINNESOTA 58 ST. PAUL, MN0424 MISSOURI 59 CLAYTON, M00373 60 LAKE ST. LOUIS, M00490 61 MOLINE ACRES, M00344 62 UNIVERSITY CITY, M00370 NEW HAMPSHIRE 63 DURHAM, NH0085 64 KENSiNGTON, NH0168 65 NEWMARKET, NH0072 12J31/94 CPST SUBS 1,467 10,492 2,039 5,213 6,432 17,106 799 3,101 2,041 1,045 40,161 6,375 1,146 1,585 386 6,389 931 966 2;340 5,058 180,963 16,246 45,591 _ _� 3,124 2,530 587 8,260 14,501 1,750 445 2,445 4,640 � ` V EXHI8IT 2 COST OF SERVICE F CABLE PROGRAMMING : S4.50 PER SUBSC PAGE 3 OF : 66 67 68 69 70 71 72 73 74 �I�1N YORK CROTON-ON-HUDSON, NY'f086 MOUNT PLFJ�SANT, NY0731 NEW CASTLE, NY0732 NORTH TARRYTOWN, NY0735 OSSINING TOWN, NY0733 OSSINING VILLAGE, NY0736 PEEKSKILL, NY0284 PLEASANNILLE, NY0737 TARRYTOWN, NY0738 VIRGINIA 75 JAMES CITY COUNTY, VA0270 TOTAL T1ER ER 12/31/94 'ST SUBS 1,849 6,296 4,364 1,990 1,714 5,319 6,318 1,878 3.078 ..� EXHIBIT 3 FORM 393 REFUNDS ONLY CABLE PROGRAMMING SERVICE T1ER �2.00 PER SUBSCRI6ER PAGE 1 OF 1 ' CONNECTICUT 1 EAST GRANBY, CT0132 2 EAST WINDSOR, CT0135 3 ENFIELD, CT0129 4 GRANBY, CT0131 5 HARTLAND, CT0130 � 6 SOMERS, CTO'i 36 7 STAFFORD, CT0137 8 SUFFIELD, CT0133 9 UNION, CT0138 10 WINDSOR LOCKS, CT0134 MASSACHUSETTS 11 ARLINGTON, MA0115 12 DEDHAM, MA0238 13 EAST BRIDGEWATER, MA0253 14 GRANBY, MA0118 15 GRANVILLE, MA0326 16 HANOVER, MA0244 17 HANSON, MA0215 18 HINGHAM, MA0251 19 HOLBROOK, MA0190 20 HOLYOKE, MA0034 21 IPSWICH, MA0142 22 LONGMEADOW, MA0138 23 MILTON, MA0163 24 NATICK, MA0141 25 NORTH ANDOVER, MA0102 26 NORWELL, MA0206 27 QUINCY, MA0126 28 RANDOLPH, MA0212 29 REVERE, MA0032 30 WEST BRIDGEWATER, MA0235 31 WEST NEWBURY, MA0188 32 WHITMAN, MA0200 12/31/94 CPST SUBS 1,329 2,868 12,944 2,673 326 2,196 3,336 3,257 161 3,790 32,880 11,536 5,827 3,228 1,568 379 3,380 2,488 5,353 2,968 11,584 3,446 4,722 6,141 7,835 6,746 , 2,601 27,085 8,764 . 13,616 1,790 970 3,627 135,654 MICHIGAN 33 HAZEL PARK, M10627 4,681 TOTAL 173,215 EJCHIBIT 4 FORM 1200 REFUNDS �ONLY CABLE PROGRAMMING SERVICE a8.00 PER SUBSCRIBER � PAGE 1 OF 2 I CALIFORNIA 1 LIVE OAK, CA0700 2 SUTTER COUNTY, CA0011,CA06fi3,CA1170 3 YUBA CITY, CA0012 IOWA 4 KEOKUK, IA0019 LLIN IS 5 QUINCY, IL0057 MICHIGAN 6 BLACKMAN TOWNSHIP, M10037 7 DEARBORN HEIGHTS, M10806 8 DELTA TOWNSHIP, M10259 9 DEWITT TOWNSHIP, M10370 10 GRAND LEDGE, M10342 11 JACKSON, M10038 12 LANSING, M10242 13 LANSING TOWNSHIP, M10335 14 WATERTOWN TOWNSHIP, M11825 15 WESTLAND, M10910 16 WINDSOR TOWNSHIP, M11826 NE1N HAMPSHIRE 17 BOW, NH0082 18 CONCORD, NH0020 � 19 PORTSMOUTH, NH0029 20 SALEM, NH0037 TIER 12/31 /94 CPST SUBS 1,214 7,123 10,987 19,324 4,137 12,267 4,044 16,124 8,620 2,751 2,397 10,770 34,868 3,117 154 ..�23,356 13 106,214 1,550 13,089 8, 030 8,317 30,986 � EXHIBIT 4 FQRM 1200 REFUNDS ONl.Y CABI.E PR�GRAMMING SERVICE TtER �8.00 PER SUBSCRIBER OHIO 21 BEAVERGREEK (KETTERING}, QH1350 22 BELLBROOK, OH0767 23 CENTERVILLE, OH0�97 24 ELYRIA, OH0693 25 FAIRBaRN, OH�295 2fi HUBER HElGHT$, OH0372 27 KETTERiNG, OHC1496 28 MlAMlSBURG, OH050tJ 29 MORAiNE, (JH0509 3C? NEW CARLlSLE, QH0689 31 NEW RUSSfA TCiWNSHIP (ELYRiA), OHi607 32 NC7RWA�K, QHOC138 33 OAKW40D, OHQ49g 34 SPRiNG80R0, OH'1245 35 SPRINGFIELD, OH0279 3fi WASH1NGTpN TQWNSHIP (KETTERING}, QHtJ6i0 3? WEST CARROLLTON, OH0499 12/31 /94 CPST SUBS i 0,{324 2,202 7,109 13,228 9,111 10,817 �$,s�� 4,951 1,317 1,545 22 5,C?38 2,763 2,279 . 18,327 8,278 4, 358 919,984 TOTA� 292,912 ..� EXHIBIT 5 COMBINED FORM 393 AND FORM 1200 REFUNDS CABLE PROGRAMMING� ��RVICE TIER �10.00 PER SUBSCRIBER PAGE 1 OF;1 MASSACHUSETTS 1 COHASSET, MA0207 2 NEWBURY, MA0143 3 ROWLEY, MA0216 4 SCITUATE, MA0208 MICHIGAN 5 DEWITT, M10635 MISSOURI 6 ST. LOUIS COUNTY (AREA B), M00292 - HI 7 ATHENS, OH0029 8 BAY VILLAGE, OH0739 9 CIRCLEVILLE, OH0311 10 EASTLAKE, OH0699 11 MENTOR, OH0740 12 WILLOUGHBY HILLS, OH0801 TOTAL 12/31 !94 CPST SUBS 2, 009 1,778 1,371 5,374 10,532 1,313 10,617 5,029 4,578 3, 369 5,733 14,598 2,065 35,372 57.834 �� S�IBIT 6 CONTINENTAL CABLEVISION, INC. 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