Loading...
HomeMy WebLinkAboutCCAgenda_90Dec12ADDENDUM TO POLICY AGENDA OF DECEMBER 12, 1990 F-5. Consider Issuing a Special Temporary Permit to Allow a Rooftop Display and a Searchlight at the Embers Restaurant. ACTION: ADDENDUM TO CONSENT AGENDA OF DECEMBER 12, 1990 E-9. A Resolution Reducing The 1991 Debt Levy on General Obligation Capital Notes of 1990 ACTION: Canatnt znda Items: F-5 Pclicy "' CITY OF YALCCGi B;IG3TS Sxatia~ Datx;12/12/90 r YEQUEST POR COU?iCIL C0275ID~.~TI031 ITS DESCRIPTIO?i: CONSIDER ISSUING A SPECIAL TEMPORARY PERMIT TO ALLOW A ROOFTOP DISPLAY AND A SEARCHLIGHT AT THE EMBERS RESTAURANT SIISHITTEJ BY- Henry Kristal, owner of the Embers Restaurant, 1700 N. Snelling Shirley Chenoweth R.`"VIE~"'~ BY = ~ Susan Hoyt Jan Wiessner IIC°LANATION~SiJ?~'ARY (attach =dditional sheets as necessary): Mr. Kristal was unaware that a permit was necessary for the balloon display on the roof of his restaurant and also for the searchlight. He is requesting that the City Council grant him permission for these temporary displays for the Grand Re-opening of the newly remodeled restaurant. Mr. Kristal's letter is attached. ACTION REUEQ STS: Approval of a Special Temporary Permit at a fee of $15.50. S GC l ( ~~ Chi,/-~ ~ ~~ ~~ ,~G G~~ c~-d~z~~r CiG~ C C~6'/ vim` ~-~~~G~~ C / z~, s i n ~~ v ~~ Consent X Policy n i CITY OF FALCON HEIGHTS OEQUEST. FOR COUNClI COMSIOERATiON Meeting Date: 12/12/90 Agenda Item: E-9 ITEM DESCRIPTION: pROPOSED RESOLUTION R-90-47 SUBMITTED BY:Tom Kelly REVIEWED BY:Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary): The City is required by state law to remove the 1991 debt payment for 1990 Capital Notes from property tax rolls.. by resolution. ACTION REQUESTID:Adopt Resolution 6/29/87 V No R-90-47 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date 12/12/90 A RESOLUTION REDUCING THE 1991 DEBT LEVY ON GENERAL OBLIGATION CAPITAL NOTES OF 1990 WHEREAS, the City Council of the City of Falcon Heights hasfundsonhandintheDebtServiceFundintheamountof105,600.00 and; WHEREAS, this amount is strictly reserved for the debtpaymentontheGeneralObligationCapitalNotesof1990; NOW, THEREFORE, be it resolved by the City Council of theCityofFalconHeightsthatthe $105,600.00 be removed from the1991taxlevy. Approved by Mayor Date YEAS NAYS BALDWIN CIERNIA In Favor Attested byGEHRZ City ClerkWALLINAgainst JACOBS Adopted by Council Date CITY OF FALCON HEIGHTS CITY COUNCIL MEETING DECEMBER 12, 1990 6:30 P.M. - INFORMATIONAL MEETING ON PROPOSED 1991 STREETIMPROVEMENTS COUNCIL MEETING IMMEDIATELY FOLOWING A. CALL TO ORDER: APPROXIMATELY 7:30 P.M. B. ROLL CALL: CIERNIA GEHRZ WALLIN BALDWINJACOBSWIESSNERCHENOWETHATTORNEYENGINEER C. APPROVAL OF MINUTES OF NOVEMBER 28, 1990 D. PUBLIC HEARINGS: NONE E. CONSENT AGENDA 1. Disbursements a. Disbursements through 12/12/90, $83,765.57b. Payroll, 11/16/90, $9,436.602. Check Cancellation 3. Planning Commission Minutes, 11/26/904. Fire Department Appointments5. Request the Metropolitan Council for a Second ExtensionuntilDecember31, 1991, to Complete the ComprehensiveLandUsePlanRevisions, Resolution R-90-466. Hiring of Rink Attendants and Rink Maintenance Workers7. Appointment of Government Access Cable TV Producer8. Licenses ACTION: F. REPORTS, REQUESTS AND RECOMMENDATIONS: 1. 1991 Street Improvements ACTION: 2. Cooperative Agreement with Ramsey County for HamlineAvenueProject ACTION: 3. Proposed Ordinance 0-90-10 Amending Chapter 4, Parts 7and8oftheCityCodeRelatingtoCableCommunications ACTION: 4. Schedule Council Workshop to Discuss Funding Options forFalconHeights/Roseville Joint Cooperation ACTION: G. ANNOUNCEMENTS AND UPDATES H. ADJOURNMENT ACTION: WORKSHOP WITH SOLID WASTE COMMISSION IMMEDIATELY FOLLOWINGCOUNCILMEETING i MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1990 Baldwin convened the meeting at 7:00 P.M. ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, Jacobs and Wallin. Also present wereWiessnerandChenoweth. ADDENDUM TO AGENDA Council added the following item to the policy agenda: F(7),Consider Issuing a Special Temporary Permit to Allow a RooftopDisplayontheBullseyeBuilding. MINUTES OF 11/14/90 APPROVED The Minutes of November 14, 1990 were approved by unanimous consent. CONSENT AGENDA ITEMS APPROVED The following Consent Agenda items were approved by unanimous consent: 1. Disbursements: a. General Disbursements through 11/28/90, 583,765.57b. Payroll, 11/1/90 - 11/15/90, $8,611.29 2. Commission Minutes: a. Solid Waste Commission Minutes of 11/1/90 b. Parks & Recreation Commission Minutes of 11/15/90 3. Check Cancellations: a. No. 24606, 11/6/90, issued to Road Rescue in Amount of 105.61, Duplicate Payment b. No. 24618, 11/7/90, issued to Suburban Chamber of Commerce in Amount of $8.00, Participant Could not Attend Meeting 4. Northwest Youth & Family Services Amendment to Joint Agreement , 5. Minnesota Pollution Control Agency Air Monitoring Site Lease Extension 6. Cancellation of 12/26/90 Council Meeting PUBLIC HEARING ON PROPOSED 1991 BUDGET Baldwin opened the hearing and explained to the public the procedures to be followed during such hearing. Wiessner reveiwed the budget process, all major changes, and then presented graphs showing sources of revenue, expenditures, and other items of interest. Baldwin noted a written comment from Hafsa Meah, 1597 HollywoodCourt, indicating they feel the taxes are too high in all three taxing districts, City, School and County. He then asked for comments from the public. MRS. MELVIN WIGDAHL, 1445 W. LARPENTEUR, stated she was concerned about increased fees for sewer and recyling as she MINUTES NOVEMBER 28, 1990 PAGE 2 does not recycle and being on a fixed income the higher sewer fees make it difficult to remain in her home. She also felt the whole County is suffering from inflation and that people should make themselves heard on the local and state levels. Baldwin assured Mrs. Wigdahl that her concern regarding sewer rates would be passed on to the Metro Waste Control Commission as their rate increase to the City has made the City increase necessary. KEN LANCASTER, 1905 N. SNELLING, commented on the proposed increase in employee compensation and felt that $330 per employee was an exorbitant price for insurance. He felt employees are overcompensated and that those funds should be used to assist residents who are disabled or on a fixed income. BOB BROWN, 1592 MAPLE KNOLL, questioned whether or not information on one of the handouts regarding the tax rate would be correct if the University population was deducted. Wiessner explained that the tax rate is based on property value, not on population.. CARL JESSEN, 21b1 FOLWELL, expressed his thanks for the informative presentation and for a job well done. DAVID BELL, 1834 ASBURY, commented on the fact that major businesses are trying layoffs to be competitive and reduce costs, and questioned why everything here keeps going up. Baldwin replied that the City has made changes reducing costs, i.e., changing the policing contract from Ramsey County to Roseville. He also explained that the City's work load has increased, and that there is a difference between businesses and government in that businesses can choose to make reductions, whereas a municipality must meet the needs of the residents regardless of the economy. Mr. Bell felt that police and fire protection are a necessity, but why not reduce costs in other areas. Baldwin replied that the City has looked at other areas and have decreased some costs. Wiessner added that the City makes use of two senior volunteers rather than hiring part time help as a means of keeping costs down. MRS. WIGDAHL commented on the City's organizational chart and asked about the employment of the attorney, engineer and fiscal consultant. Baldwin explained that these people work on a consulting basis, and are not full time employees. Jacobs explained that the City is pursuing grants on a federal and state level in an attempt to reduce costs, and that the City has received a $69,000 grant for park use which will save a significant amount. Wiessner commented on the fact that the City's cost per capita is much lower than others, but that most of the costs fall on the residential property because there is so little commercial property in the City. There being no others wishing to be heard Baldwin closed the hearing at 8:15 P.M. MINUTES NOVEMBER 28, 1990 PAGE 3 ADOPTION OF THE 1991 BUDGET - RESOLUTION R-90-44 Ciernia moved adoption of Resolution R-90-44 adopting the 1991 Budget as presented. Motion carried unanimously. RESOLUTION R-90-44 A RESOLUTION ADOPTING THE 1991 BUDGET AND CERTIFYING THE 1991 TAX LEVY ADOPTION OF ORDINANCE 0-90-9 AUTHORIZING COLLECTION OF A FEE FOR COLLECTION OF SOLID WASTE Baldwin explained that Council had previously decided to bill residents directly on the utility bills for recycling services rather than going through Ramsey County, and must now adopt an Ordinance to implement the process. The recycling portion of the solid waste fee presently being charged on the tax statement will be removed as of January 1, 1990 Jacobs then moved adoption of Ordinance 0-90-9 which carried unanimously. ORDINANCE 0-90-9 AN ORDINANCE AMENDING CHAPTER 5, PART 14 OF THE CODE OF THE CITY OF FALCON HEIGHTS AND AUTHORIZING THE COLLECTION OF A FEE FOR SOLID WASTE ADOPTION OF RESOLUTION R-90-45 ESTABLISHING FEES FOR COLLECTION OF RECYCLABLES Council briefly discussed the proposed resolution which will provide for a fee to cover the cost of collection of recyclables from all households within the City. Gehrz moved adoption of Resolution R-90-45 which carried unanimously. RESOLUTION R-90-45 A RESOLUTION ESTABLISHING FEES FOR COLLECTION OF RECYCLABLE SOLID WASTE AND INCORPORATING SUCH FEES INTO SECTION 5-14.07 (UTILITY FEES) OF THE CITY CODE Council discuused the possibility of adding commercial businesses to the recycling program and made some suggestions for items to be included in the Request for Proposals for recycling services. SEWER TELEVISING/CLEANING TO BE INCLUDED IN 1991 STREET IMPROVEMENT PROJECT Baldwin presented quotes for televising and televising/cleaning of the sanitary sewers in the street construction areas. Jacobs moved that the contract be awarded to VISU-CLEAN for televising and cleaning the sewers at a cost of $3,225.00. Motion carried unanimously. MINUTES NOVEMBER 28, 1990 PAGE 4 DISCUSSION OF CITY SHARING IN COST OF SEWER REPAIRS - CONTINUED FROM LAST MEETING Baldwin commented on Gedde's letter of November 16, 1990 (a copyofwhichisonfileintheCityoffice) regarding any further liability on the part of the City sharing in the cost of repair of private sewer line repairs. He explained that other Cities maintain the main only, however Council concurred they were inclined to share in this cost up to a limited amount, such amount yet to be determined. The City Attorney was directed to draft an ordinance which would allow the City to participate in a portion of the cost without incurring any further liability. NO ACTION TAKEN ON PROPOSAL FROM METRO RELATIONS, INC. Wiessner explained that Metro Relations, Inc. is proposing to monitor the Metropolitan Waste Control Commission and is asking that Falcon Heights consider participation. Wiessner recommended not taking action at this time, but that Council consider looking into Suburban Rate Association. Council agreed and will be presented further information regarding the Association at a future meeting. UPDATE ON FALCON HEIGHTS-ROSEVILLE COOPERATION STUDY Wiessner explained that the City has been notified that the grant application for funds for the joint study has been denied which will require a change in plans if the Cities wish to continue. Some possible options given were were to look for other funding, use of City reserve funds,. or downsizing the project. A joint workshop will be held at Roseville City Hall on January 7, 199 to discuss the matter. Wiessner suggested the Falcon Heights City Council hold a workshop prior to the joint meeting to discuss options. SPECIAL TEMPORARY PERMIT APPROVED FOR J'S LIQUORS, 1557 W. LARPENTEUR, TO ALLOW A ROOFTOP DISPLAY ON BULLSEYE BUILDING Ciernia moved that a request from J's Liquors to allow a rooftop display during the store grand opening on December 6th through 8th be approved. Motion carried unanimously. ADJOURNMENT The meeting was adjourned at 9:14 P.M. Tom Baldwin, Mayor ATTEST: Shirley Chenoweth, City Clerk ICanaenc X Yclicy i~ CITY 0: ?ALCD:: F'.~IG3T5 RFQLFEST ?OR CDU2iCIL CQt3SID'L~.~TIf~Id Benda ILt~: E-1 Kzating n3t2:~2/12/90 ITr'i DESCRIPTION: DISBURSEMENTS SUSHITTEJ BY: Tom Kelly I~"~ B°=Jan Wiessner IIC'ZANATZON/SiJ*~.ARY (attach =dditfoaal sheets as necessary): a) General Disbursements through 12/12/90, $83,765.57 b) Payroll 11/16/90 - 11/30/90,9,436.60 ACTIdr ItEQUES?ED: Approval V Canaent X eac~a ILLS: E-2 Yclicy CITY 0: YAI.CQi ~IG3T5 2Statia~ Dstz~-2/12/90 r REQUEST YOR COUNCIL CO2]SID~TION IT:.'! DESCRIPTION: CHECK CANCELLATION SUSMITTE~ BY: _ Tom Kelly REVI E~'EJ $? IIC'LANATION/SiJ*.^'lARY (attach additional sheets as n.ecessazy): Check ~~24674 issued 11/28/90 to Mike McPhillips, Inc. in the amount of $3,451.75, was in error. ACTION REQQESTED: Approval v H z O z O C/] W O H A H O z x U W x V OlO1~M~OOOOO~001~OOt~OOri~OOMM~MO00OM01lOOct O 00 pO611S')OOd-~u)OOOONOIO'--iNOOlOM0061O0NOO~O00OGt1~OlON O OOOOLf')01O rO~NMO.-~OI~OIOlcttsJ01•--~O01d-COMtOI~NO~--iMCOf~O10001.[)I~O ~ NN OOd-I~OS'')~I~NI~O.-~0101~•--{01N NMI--i00d-~t00~0OL(•)l~Nd•~tOIMM~ctM ~ ~f' •--INOd••--INNl0 '--I r• rt l0 al l0 ~ Ol ri LS') tT N M M CO N d' M Q rtS N U Z O ~. O "O C r i •r O LL 4- Q. r ~ N ~ i-~ C O' N i-~ C O •r ~ i N S-. i O N O 'r D1 -1--~ fO ~ C ~ O~ U = N rO •r N J ZOQ ~ O •r N i E +-~ >i i? N rd O i Y N a i ~ N ^ i i4JXD ~~ J> -F-> C 5= O O i O •r OYWNNQUtCfO 07 U i 1= O r d i .I.~ .r ~--~O N ~ 'O 3...C ~ •r N N O W - •E-~ rt3 ct3 l.i_. i. ~• ~ O OO •r iW di•r N S= i U U o23 •r •r •r fn Q NN -1•~ -I-~ X N r o2$ O N RS •r ~ I C LL LL i N c[f -1-~O ~ QJ +-~ r r U ~ r~ N 'O O O N O F- N d N4- Q1 zT O !Z O r 0 •r •}-~ O O O 41 N N U m N O •r 1 1 L YO ~ ~ O Z7 ~ 5` r •r U •I-•~ i r •r O ~ ~--~ •F-~ C U SZ i-~ Q1 Q a-~ UUC •r O •r $ N O m Z O ~ r L1 •r tT •r •r (ts S-. C O !? N~ N~ i •r025NN5= ~ [CS Q O •r O Z fl. O N •I-~ C o25 4- 4- i O N N r •r }~ Q L O cCS I-r •r O Q S~- ~ ZT (n N ~C N U O fC5 •r N N E 4- i Z7 ~ O i N i O~ I- U LiON !? i C •r N ^ O S= ZT m i• O 3 f= ~ ^ O 5= N N t~ 0> N N U .~ LL U r O •~ -I--~ O N Q Z~ ~ -F~ to X •~ d N Z ONO O U m m r~i r 5= ~ i W +-~ r N •a N O r 5- 025 rt54- rt5 (ts t3• C r N ~~ N -N I .>_ != O i ~- (Cf -I-~ ..C •r O O i •rt3 U fZ > ~ m ~ ~ O mO > > W •r U ~ ~ O Y O) N (ts }~ •r tl N O >> ~ LL -N -I••1 >~ U O L1 ~ r Q r- N > ~ NZ3 "O 3 N C QJ U •r B O O ~ LL L O RS -N S= C -1-~ 023 ~ 4J (CS N O S N N O C N (nd1QQ ~ \ L L N •r ~ •r J O U 2 +~ •1--~ i 3 •r •• N N •r O •r ~ v 3 N ~• i. •r N ~ •r "p -V; O Q N O O r- >~ d p C X i r0 1= ~ 3 r ~~ r- to C C .~ N ~ a, ~ U r- 0 5= O O 41 ~ ~ ~ D >> cCS a, ~ U O O O to ~ rt3 4J N •r S.. •r O N i Z N 3'• 41 •r O ~ ~ i ~U d ~ Orr •r i •O ~ N ~ N N Z $- i ~ Q1 'O ~ i O U '•- >~• •1-~ U +~U>> to N O N rl N O •r O r N 'C7 S` r -N +~ O •r •r (CS +~ r 4J -F-~ r •r ~ tU O O U NS.. rC3 rt3 RS Sr > > Ol i "O ~ i > ~ ~ a--~ C i O O r •r r6 ~ i-~ -I-~ N r •r O O }~ r ~- O- O Ll Ol O O N iiiO ~ O O 61 •r O Z •I-~ •r ~ ~ [O r0 •r ..C 3 r0 ~ •1-~ N N O •r •r ~ Y ~ 4J rt5 ~ O C Q1 f31 i 3 r- •raHF-JI--•ZZ~--IQN~--tnU¢tZ3Nc[p•. F-LL. SG/)I..~~~pL~ pp WtZJLL.O~OS.-i{-~-- WLL C o a ~iO •r i-~ O N OI-~ ~ 4- a--~i tF-S` N •r rtS rt5 O O i S-. U N a-~ U C N -I-~ N N U 5..O O O S..O U U Q Q1 N oZ3 O >>r O O r rrs ~ U ~ r•QS-. rCf N tZ r N U QJ > .1.~ 'O ~ r[S NO != Q N N Q N C Y }-~O Z O O Zf O U pU (Cf i O GS.tC •r C U O C N r Q1 N L O S- •r O i-~LL L N r Zr--t Um Z U O O NSW OO 3...U rt7 Q ~O N O -I->tY F-Q o25 1= r- r •r !_ ~r r d1 N >> ~'-'U C U fts r n O r (CS «3 Z to ~•r N li.i p r6 ~ t0 O N O N ~ {-~ ~023 N ~ U N ~ N ~ r- >>rtfi41Q30UN •r' i i r- Q O t6 C a, •r N N 3 U N E NN ,C O C •r U i-> O U r •r -F-~ N N U 4- •0 0 ~ S/ ~~ N OF~ S/ S.. N C 3= S-. O S- ~r rCf -N N >>N r- L N ~4- 7 O QJ •r to ~ •r O U ~t •r O (CS ~ •r U O N U (O ~ C U r• N 41 r ~ ~ •rf5 .1...1 1= N C•) N (CS f--•• ~D7WZ •r 3 ~r >> C S-. i J O >> tt3 5/ ~--a O ~ tY r6 r r t/I U r rt1 O QS r X f3. -{-~ +~ ~ Rf O tC •r i ~ >> tY •r m ~023 Q NZ ~ N O f. r N •F•> •r C n ~ 4- •r ~ N to tZ 3 •r -{-~ ~r- tl •r U i O ~ N r S33NF- F- N O •F-> O N i O O O N N U to to O rp to C a d ~ .~ O v 0 t/t 0 p r. N fl.. ~ N N N C tZ S. U 3 3~ _O N tZ'r~ i. O i 3 N N L tCf O U N 5=O >> 3 023 ~ r O -N d1 •r ~ p.d N TJ U O •r t C O QJ ZT t]J >> O N O ~ ~OULN~ L N C~ +-~ZT +~ i r d1 +-> E -N Q Q O -I-> > L r- +~ F- 3 O O r US/ L C{- Ni-~•i-> C ~ S..N n atn rO r(n3~C•r ~ i~LYr- N.r Or N 1 "O ~ N Q Or r r N (~ r r~ N Z •r 0 0 •X O O~ O r C O O U W O~ C~~ C S= •r 'r N a--~ ~ .!/ O f0 tL37''J'7QLL.Y~~~UZZ ZO~mtnHO=~OUZ~--~dUUOWL>..--+t-rg~~NW F--f•-3-Lt_ 100010•-iNM~Lf)CDI~OOaIO•-+N Md't.C)101~0001O.~NM~t ~lOI~0001O''INM~ttn~0i~~OOOOOOOIO~OIaIOIOIQlala1a1OOOOOOOOOO ~--~r-~.--trart.-i,--~,-{,--1,--INNNNNNNNNlfl1010C~ lOID 101 l0lfl lfl lfl l0 I~ t~ I~ I~ n n n n n n n ~ ^ ~ ~ ~ t\ ~ n ~ ~~ ~ ^ ~ n ^ f~d-d•Ord-~r~r~r~t-~r~r~td-d-~t-~r•d•Ord-~r~r-a•~~~r~r•d-~t•vd•d-d•va-a•~d-v~vc3-~rerNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN N N N to O M af} J Q F- O f-- 931! Paid Register Thu 7:53 A~4 City ctf 5alc[~tr Heights Page # eck E~plcryee £:splcryee ber ~fu~bes^ Name Pay Pay Pay 6raup £rc~up Period tJu~#-es^ Deescrisstitt-^t Check Check Pnrrst Date Status 17#8422 }#11 11.17t~ 311-l1c~v-9E} V£llD 11#$4i?3 ~~t?l~. #5t? 3t~-tka~t} 4~kID t1#89:?4 111717E1D1717112 14iessner, Basset R.?-22 11#sen#-tttly 3t?L1.95 3t~-Nttv~3t~ Elutstanc£ing 11#8325 11~EE~011Q1>ri Kriegler, Carol d.#11 se~ti-s~c'rtsthly 4t?7.?# 3t~-~drsv-'3t~ flt~tstar+dirtg 17#84'26 t~tk~00t~t?## Chertcv~etFt, Sh3r#ey S.ii tai Sei-}-marsthly 7x7.53 3€?-~c~v-'3t~ Elutsta~sdirtg 17#8327 Cip0El011E1211 lversass, T~+rs-y D.u f se~ri-s~vrrthly E~5.59 ,3t}-4~v t}utstars3irtg 17#8928 fl4111>d01X?7 p4ca^gart, Say t4.22 11#se~ti~snthly 71?4.s# 317-#c<y~-gE~ t#utstardirtg t?#$~'3 t1E~E'k~E~ttD36 fright, Virtcerk D.?-D#se~i-mthly 77~.;?3 3~~-ldcc~r-'3l~ #kststarrdirtg17#83311 17170t~71)1753 Phillips, Patricia if.~L2 t~#seRi-sctthly 549.53 3t~-Ttc~r~'3t1 flutstandirsg93# 17E71)11011115`t !{elly, Thcaa~as R.2 t?#se~ri-mthly 53.911 3~~-tfc~v~9t1 {}utstar~#i~sg 1?#$33'2 t)c11t091k179 Hcryt Ta~f, Susass C.11#sesi-rsur~thly 473.33 311-~<~~1 £7utstartding 11#$933 17tx1(f17t>€Y3# Swertsc~s~:, D2l.cn^is 3.2L 11#seati-~ctrsthly X38.89 3u-4~ktv~'~11 £futstartdirtr~ RI8934 11171711txk711# Saldssirt, Thcauas ~.1 113 sac~rtthly 2 3t?1Z.3# 311-4ictv-'311 £}utstandirtg C#$435 1111COOOgt13 ~3uiRat3i't, ~iChcdas 9.`.113 tsthly 2 7# 3t?-4k~w~'3E? ~7utstar~ir:g 11#8935 1><J1111s Serssdt, Ross 113 rac~ithly 2 4#. ~1 311-41cv-911 (}utstartdirtr~ 11#$937 1loatt~c111$ Ams~rt, Ray~<~f F.~f 113 a:cmt#-ly L 53.11u 311-~iw~} #lutstar:t£irtg c?#8938 17E11111ti1111#2 Ciernia, Raul C.1 113 exmthly 2 2511.1 311-tk~v-911 t#utstarrc£ing11#$434 ~#$ Hals~ren, dC~'rYr P~. Sr.113 ssscmthly 2 3x.171} 311-~,y-311 #}utstartdirrg11#83411 E71111E1t11k>L# t{urhaJetz, Cle~esst #.f#1T3 c~rrthly 2 s3. €711 311-4fc~v-9tl flutstar~£irtg 17#$44F 1?0171111Q1124 i.issdig, Lecs 173 ctssthIy 2 31}3.34 3t}-fidc.~~1 1lutstandi~rg4#8942 11417811111133 Schauffert, Craig ~.1 t?3 srtthly 2 f3~.1111 311-4k~v-~311 E#utstan~fi•rrgl1#8343 1'IEa17t117E~f~.i4 Sraida, Sail 173 ascnsthly 2 53.1111 311-~cr~17 ~tutstartdirtt~8944 17Q11{~71I1137 ilalllTr, Cses^ald E.173 Mthly 2 1411.1711 31?-Hcv-y11 £#utstartdirrg83451>171701>E71739 Dkrs^gass, day 113 crt,4trly 2 4#.511 31}-#ica~317 #~utstar~iirtg 0#8945 1}Q~J01182 BeEsrz, Susast L.173 ac~nthly 2 2#3.5"s 317-Rc<v-311 4utstas~di~tg1?#$447 17p171I17p1184 daccths, Sari L.73 ac~rthly :?3FX7.17D 317-iScrr~11 (}utstartding 1Ys^and Tcstal 9,435.511 h t. MINUTES REGULAR PLANNING COMMISSION MEETING NOVEMBER 26, 1990 7:30 p.m. Meeting was called to order at 7:35 by Chairperson Boche. PRESENT: Barry, Boche, Daykin, Duncan, Finegan, Nestingen, Gibson Talbot APPROVAL OF MINUTES Minutes of the October 22 regular meeting and November 13 special meeting were unanimously approved as written. PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING CODE SECTIONS 9- Chairman Boche opened the public meeting at 7:40 p.m. He explained that the Planning Commission proposes to amend zoning code sections 9-4.01 Subdivision 3 Permitted Accessory Uses to read: 1) Garage and residential boutique sales limited to two sales each calendar year per residential unit, not to exceed ten consecutive days or two consecutive weekends. Planner Hoyt explained that garage and boutique sales are not included as a permitted accessory use in residential zones. Nevertheless, the occasional single family or neighborhood garage sale/boutique sale occurs without complications and complaints. However, a number of complaints from residents adjacent to dwellings where these sales frequently occur suggests that some regulation of these sales may be in order. Garage and boutique sales generate more traffic, parking demands and goods in a driveway and yard than are consistently desirable in a residential zone. Mr. Warren Peterson, 1373 Hoyt, attendee at the public hearing, asked who initiated the proposed amendment. Planner Hoyt explained that the staff did, based upon complaints received from residents adjacent to neighbors having unlimited garage sales. A commissioner asked if anything can be done if a resident violates this ordinance. Planner Hoyt explained that a warningofthecodeviolationwouldbegivenfirst. If this warning was ignored, a citation could be issued which could result in a fine. As a final step, the resident could be taken to court for 1 i• repeatedly violating a zoning code. Chairman Boche moved to close the public hearing at 8 p.m. After a brief discussion, the commission unanimously moved toplacethisamendmentontheagendaoftheCityCounciltobereviewedandapprove/disapprove at its December or Januarymeeting. REPORT ON THE THIRD COMMUNITY LAND USE PLANNING FORUM AND THECMPRGOESSBSTAFF Chairperson Boche thanked Commissioner Finegan for chairing thespecialplanningcommissionmeetingandtheThirdCommunityLandUsePlanningForuminhisabsencewhichwasheldNovember13,and asked him for a brief summary of the forum. Commissioner Finegan stated there were approximately 60 peo leinattendance. The public response has been very strong atptheseforumsandhadclearlyshownthepublicwantstobeinvolvedintheplanningprocess. The key point for the forumwasthatresidentsareopposedtostripdevelopmentalongLarpenteur. Avery general discussion of the concept planfollowed. Chairperson Boche asked if there was a timeline set for the restoftheschedule. Planner Hoyt stated at this point there is notaspecificdatesetbuthopedtobefinished~by June, 1991.Planner. Hoyt was asked to talk to Fred Hoisington about atimelineandreportbackattheDecember, 1990 commissionmeeting. Commissioners asked if those attending the last forum willreceivedraftsofthepolicies. Planner Hoyt stated that all participants in the forums will beinvitedtoameetingdiscussingthesepoliciesaftercitycommissioners, staff, and the consultant prepare the next draft.Copies will be made available to anyone who requests one and tothoseattendingthepublicmeetings. A public hearing will beheldonthefinaldraftplan. The city council will review the draft parking policy at itsJanuary, 1991 meeting. REVIEW OF CONDITIONAL USE PERMITS AND OTHER ITEMS DESIGNATED FORREIEW Planner .Hoyt asked how the planning commission would like stafftocarryoutreviewsofconditionalusepermitsandparkingdesignationsthatthecommissionidentifiedforreview. It was decided that staff will provide a report on the two 2 at the next meeting. She will also determine whether or not aconditionalusepermitexpireswhenthebusinessuseclosesatthelocation. Meeting adjourned at 8:45 p.m. ee wenson, ecor ing Secre ary Susan Hoy i y P anner n U COnatnL X zac'a Iie~: E-3 policy CITY OF ?ALCO:: S=IG3?S Szeriag Dsrz:12/12/90 c: r L RFQU£ST gOR COUNCIL COT75ID~.~TI02d IT~'i DESCRIP?ION: PLANNING COMMISSION MINUTES SUB?iITTEO BY: _ planning Commission R~VIE~~ By' Susan Hoyt PLANATION/SiJ!'2ARY (attach sddiifonal sheets as necessary) See minutes of 11/26/90 attached. eCiZor xE aEQSTS Information Only r: Cona~ni~_ Policy L CITY OF ?ALCO:i ~ZGHTS REQUEST $OR COUNCIL COT75ID~TIf~21 A;zac~a Iie~: E-4 25zztiag Datx:12/12/90 ITS DESCR3PTION: FIRE DEPARTMENT APPOINTMENTS SDBMZTTED BY: _ Leo Lindig REVIE~~ By' ~ Fire Department Review Board IIC°LANATION(Si.T2~.ARY (attach additional sheets as necessary): a) Gregory Fuller, Appointment to Fire Department b) Dirk Niles, Appointment to Fire Department. Dirk presently serves on the Rescue Depart ment. Both appointments are subject to the required one year probation This brings the number of fire f ighters up to 30. ' ACiIOI~ REQtTESTED Approval PERSONAL 1 N FO RMAT I ON Name - ~/~ t rs t Date Received l;~ Z _ Rio ~~~ Date of Birth ~.~ /~7~/~~ Middle Address ~7~J~ C~ ~~r c Tc.~ i~ I /~ ~i ~ ~~:y ~ ~C>S.~L~i ~L_~ ~/~~ J.S~~. Street City State Zip Telephone `t~~~ ~`~.~~5 ~~~-~l~ ~_j Soc. Sec. is 7'~ %,~-~~,~ -~7~~-~home work Own Home .Buying Home ff Renting x How long have you 1 cued in Falcon Heights? 1 -~~~ I v~ Fa fLc ~ ~-{ {-S . ~~; ~, r~~ y~^S , EDUCATION n Name and Location Grammar School l~tlhlHhl:. ~LCt;ti1~,~i7~ji ~~~A~iCt~'iCw'i~~tCJt~tr.~ gh School ~C>t~'-Lt~r ~-~~A-- rllL---~~CHcc,-~- 1Cc,~~r.t,~i~-~t College Other* ~1~1,'~;ti ~~ E ~' I P_S I 1'I~ I ~ Include any first aid, EMT, and firefighter training. EMPLOYMENT S Present Employer 4~~-~~c~~~- rTL~`lO CL No. of Years Bus mess Address ~~~- ~ . ~~H t E t-OC 1'~ ~~K ,Y Vork i ng Hours (~ `.7 Former employers (list your last tti+o employers starting with the cost recent employer). Name 6 Address of E coyer Dates E to ed Position Reason for Leavin N1ED~ctN~ L/a-~~ Lt,titS From: ~'~~~ Schoc~Lavts (~c~ + 13~~s5r~ QA- v~ t_ To : -- I oM 1 f-+ ~t MB - From: ~~/a 7 S ~ cLk 7~~ Sre(li~c~ To: i~%~~ CAStttt:4Z ~~w 7U.o ~z 14MVC,G C 1 TY 0 F FALCON HEIGHTS FIRE DEPARTMENT AND RESCUE SQUAD Application for Membership c~ 2- you ever been discharged from any position? `V (If yes, explain). GENERAL INFORMATION Please state briefly what prompted you to seek membership with the Falcon Heights fireDepartmentandRescueSquad 11 ~ f~Lv~ ~'r S ~~ t= ~ ,U i N Tt= s2~-5T ~-i~ i ti r f~ k f= iG r~ ~ ~ ti c- f~ ti" 0 pp + -- 3~r1- ~>f}MNhathoursareyouavailableforcalis? IJ(C!~~ ~ - ~`~-. ,4A~p ~U~EEkE,v~tSh~; Tr Are you a U.S. citizen? ~ Do you have relatives in our 1 ? v'L:S ~~~ S~c~~,c-~ rE ~$i.C p°P oI+ •rv M~ k c SG M have you ever been convicted of a misdemeanor, felony, or convicted in a military courtC~~~S H:~EKmartial? (Omit minor traffic violations). Yy~+~L~~a-rw< Yes No ~ If yes, explain Do you have a val i d driver's 1 i tense? Yes / \ No License f I - ~~.(j -•~~ - ST ~ _ l~C~ H~any traffic tickets for moving violations have you received in the past five years?j/~~n/~ Nature of offense(s) Outside interests, hobbies, etc. C~~I--F, ~1~C~.:~~~/t/C-= ew ~/~-,e5 PHYSICAL RECORD n'Height .~ ~7 "` Veight l~-3 Color of Hair ~D ~~v~"~'' nn--_'' ~ _ Color of Eyes .r~~•~f~ How would you describe your 'general health? fTV~'~/•~-d-y List any physical defects ~ /U~'ti~ Have you ever been injured? /L'~ Give details • Do you wear glasses? /!•'o Are you subject to claustrophobia? ,f/c-~ Are you afraid of heights? ~L'D . In ase of emergency notify ~i4-THY `vt~~-~~ ~~,~~3~ w~~~~_~r~~a name .Phone O`o~s~ U~ r_'t-0 P ~ A s ~ ' ~ 1 ~`~ Q~5 ~ (/ 1 L L~ ~~ .y ~.5 ~ ~~ Address i, REFERENCES (list three) Name ~D;B,(3~E ~~/Gb ~~ Phone Name A~~"fiY ~N~ HtR~ [~nrT-cH Phone Name . CCIC NP: ~~ I~~GV~' T N Y Phone 3- f~~ "02 / ~ ~ Addres s 7` ~~ ~02-~ gJ Address 7C~ ~ Address Now many days, weeks, or months of the year are you out of _ta+n for reasons other thanregularemployment? ~c~ ~ hi~E~E,+~pS ~ Y~~-~ i hereby apply for ~nerabership in the Falcon Heights Fire Department and Rescue Squad. Priortomyacceptanceiwillhaveto'pass a complete physical examination and a physical agilitytest. in addition, ~y acceptance is conditional upon ay performance while on the Department.If ay performance falls below Department standards, my position they be terminated at any time.Otherwise, 1 will se rve a one-year probationary period. At the end of that period 1 will beacceptedasaregularmemberofthedepartmentormyprobationaryperiodwillbeextended.1 agree to abide by all by-laws and policies of the Falcon Heights Fire Department and RescueSquadduringmytenurewithLheDepartment. v 7 ~~ y S~, ~~~ 70 DateSignature 1 s PERSONAL 1~~NFORMATIONNameIv ~ L~ S Date Received ~-ay-Cj~ CITY 0 F FALCON HE 1 GHTS FIRE DEPARTMENT AND RESCUE SQUAD Application for Membership Las t F i rs t 2L~~~-Date of Birth ~ 1 - (5 - (~ Middle No applicant under 18 or over 40 years of age is eligible). Address ~~STIS S ( ~vi~r=ry~~Lir br~Street City State Zip Telephone ~'U z - ~ lC 3 1~ Z - Z y (i Soc. Sec. ~ cf' t S (~ - C 1 Z Chomeworkr Own Home Buying Home Renting How long have you 1 ived in Falcon Heights? Cr,= 5 ~:~ ~ e,Z c ~~,'~.S EDUCATION Name and Location Year s Attend d Graduated Granmar School h S choo 1 f1 r~,zG c~'r-I L~t+~ ,~-{ • S r-l,an rte. ~: ~,~ . ~.% .:~LC Other` /-lG/'~l C ~I`~ - >4' M rov'N1=~F/~G~C.r S L't~rlFrc~ rn% l9~Cp / C?PF~/ w .4T-E-~2. 5Cc>r3.A (~ [ v'c12 „/e~-1zi l y~ ~ 1 l7S~li~~2T~7J ~!P-~F! GHTt 2 ~ (w'tsecwS;,.! '~ r1cs C ~: r..,er~u r F(~ST-AtQ , ~y/ Fr25T~t/J, GP2 f}/f,4 C~ .~ Include any first aid, EMT, and firefighter training. CIADI AVU~-~T Present Employer 1~ /,s Ci,C~t,~~-~2 sYS ~ Nr C No. of Years Z •^'lon%T•-ts Business Address _ 3GSS c._0 r-i~.~ty ~ttii~LS ,••InJ Working Hours ~'' - S"'° Former employers (list your l ast two employe rs starting with the most recent employer). Name >; Address of Employer Dates Em toyed Position Reason for Leavini" l S p~~//~~eo soSFo!From: 3-~~l~Q Ac~rv`r w~},uT~rG /1-toliE Z-~p ti' br-'z~-r ~ ~.m z~-,r From: S- g~c~r"'~,QCy r, ~..sf/Ly fo~Sc rcxrt1'tmrr;t~~,s n-i.,1 2- e you ever been discharged from any position? ~' (If yes, explain). GENERAL INFORMATI ON Please state briefly what prompted you to seek membership with the Falcon Heights FireDepartmentandRescueSquad ~~.: T<~~f7 ,.~ ~~ ~~:,- ~;= s~~i-(cc~ ;~ ~_~-„~i~ ~ i3<` f"'~-yC tf /~tc>~-t" f1 [ll ~1 c` 1 /~I CC-Ec-' C.a~v`.'t~~ c.,YJi7~/ 4 ...i G-7v;J~~ y V~LV1~ [ CZ '}~ ~"( /~--C= /i~~ 3LL' ~-•- What 'hours are you avai table for calls? ~~~~~~{-,e~~y Ey~~n:rni~ . ;r,.,~-~,bs , ;~j~~~,,~~y ~i9/~.vcr .4S W~ti , i~c~r~ ~ i~6 c-n% iIIC ~..T ~ . Are you a U. S. citizen? ~ Do you have relatives in our employ? cam= Have you ever been convicted of a misdemeanor, felony, or convicted in a military courtmartial? (Omit minor traffic violations). Yes No ~ If yes, explain iio you have a valid driver's 1 i tense? Yes ~ No License # ~ `~7-~ ~~~ LG:( c ~{ Z ~. many traffic tickets for moving violations have you received in the past five years?Nature of offense(s) SPc=~'~.a ~S-~{J i,v ~.._:,s~.,..:s,:~ Outside interests, hobbies, etc. y'-'~-TeYL ~'~c~,~7-S ~ ~,,c~~~,J6 ~,.,J G4,Z PHYSICAL RECORD Height S~ IG.~ Weight /~.~ Color of Hair l~i?-~ Color of Eyes /~~ How would you describe your 'general health? (~CCp List any physical defects Have you ever been injured? AJC~' G Give de to i 1 s ,~C/U~ S~r~~~ y an; LT K,,r ~ Do you wear glasses? `(E's Are .you subject to claustrophobia? N y Are you afraid of heights? N v ase of emergency notify _ /-~~;iy~ (~t,'r~,~c~p-y- 7z `t _ S-`l.Zy 87y_(, l~~ l~ Name Phone Address REFERENCES (list three) Name ~2t5 c ~ Lcc.~_~~ Phone Name L ~ 5'rFi2 ~ C~~. 3- G., `E t - t Z~~ ~Address Phone (~es~ 35e-g?~o Address ZZZ3 ~ l~eti~}-P(~ 5 ~ S~ i'tv~ 1~tl.~TRcNZ ~ ~L Name /~[.4r~f~n;r~' /Lt1Cc~/L Phone GzZ3-S5z0 Address /~i~~r-r, ~~~,~n~tf}rc~iS_,tiy„/ How many days, weeks, or months of the year are you out of town for reasons other thanregularemployment? _ q~~ Z wc-~KS ~ ~,2 I hereby apply for membership in the Falcon Heights Fire Department and Rescue Squad. Priortomyacceptance1willhaveto~pass a complete physical examination and a physical agilitytest. In addition, my acceptance is conditional upon my performance while on the Department.If my performance falls below Department standards, my position may be terminated at any time.Otherwise, I will serve a one-year probationary period. At the end of that period I will beacceptedasaregularmemberofthedepartmentormyprobationaryperiodwillbeextended.1 agree to abide by all by-laws and policies of the Falcon Heights Fire Department and RescueSquadduringmytenurewiththeDepartment. Signature 3 ~ Z~ ~ o Date 1 L J tnL Fc11cy r L CITY 0: ~A.LCO:: SIGHTS REQUEST YOR COUNCIL CO2ISID~.~TI~7N Linda ILe~: E-5 atiag Dat~~2/12/90 ITS DESCRIYTZON: REQUEST THE METROPOLITAN COUNCIL. FOR A SECOND EXTENSION UNTIL DECEMBER 31, 1991, TO COMPLETE THE COMPREHENSIVE LAND USE PLAN REVISIONS. SUSMITTEJ BY: _ Susan Hoyt, City Planner R..F'yZE~-~ BY: Susan Hoyt, City Planner Jan Wiessner, City Administrator EI~ZANATION/SiJ!~SARY (attach additional sheets as necessary) : The Metropolitan Council granted the City of Falcon Heights an extension until December 31, 1990, to revise the ComprehensiveLandUsePlan. Although the City is proceeding well with the Comprehensive Plan revisions, it will not be completed until June, 1991. Therefore, a second extension is being requested until December 31, 1991. ATTACHMENT Proposed Resolution R-90-46 ACiIOfi REQUESTED: Adopt th.e resolution requesting .the Metropolitan Council for an extension to the Comprehensive Land Use Plan submission date. I No R-90-46 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date December 12, 1990 A RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TOGRANTANEXTENSIONTODECEMBER31, 1991, FOR COMPLETION OF THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Falcon Heights is in the process ofupdatingitsComprehensiveMunicipalPlan, and WHEREAS, the project is progressing nicely and June, 1991, istheanticipatedcompletiondate, and WHEREAS, there could be unforeseen complications delayingcompletionbythatdate, the City Council feels it would beprudenttoallowforextratime; NOW, THEREFORE, be it resolved by the City Council of theCityofFalconHeightsthattheMetropolitanCouncilbe requested to grant an extension to December 31, 1991, forcompletionofupdatingtheComprehensiveMunicipalPlan. Approved by Mayor YEAS BALDWIN CIERNIA GEHRZ WALLIN JACOBS NAYS In Favor Against December 12, 1990 Date Attested by Ci y C er Adopted by Council December 12, 1990 December 12, 1990 Date Consent X Policy CITY OF FALCON HEIGHTS A~QUEST. FOR COUHCI~ COHSIDEA~TiCH Meeting Date 12/12/90 Agenda Item: E-6 ITEM DESCRIPTION: HIRING OF RINK ATTENDANTS AND RINK MAINTENANCE WORKERS Carol KrieglerSUBMITTEDBY: Vince Wright REVIEWED BY: Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary): Carol Kriegler and Vince Wright are in the process of interviewingapplicantsforthepositionsoficerinkattendantsandrink maintenance workers. Wean icpate the need to hire four or five attendants and two or three maintenance workers. This will need tobedoneinthenextcoupleweeks. ACTION~REQUESTED: Authorization for Jan Wiessner to approve the hiring of part-timeice-rink attendants and maintenance workers. NOTE: Council may also want to consider delegation of part-time staff appointments. to the administrator for future time .savings.This would be a policy decision.) 6/29/87 Consent X Policy CITY OF FALCON HEIGHTS Q~~sT. goo cou~c~~ coNS~o~~~,~-io~ Meeting Date :12/12/90 Agenda Item: E-~ ITEM DESCRIPTION: APPOINTMENT OF GOVERNMENT ACCESS CABLE TV PRODUCER SUBMITTED BY: Carol Kr]:~gler REVIEWED BY: Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary): Carol Kriegler recommends that Kevin Scattum be appointed as theCity's government access cable TV producer at a rate of $10/hour.Kevin has been serving the City during an interim period until a permanent appointment was made. The previous technicians were paid $7.00/hour. We are recommendingthepositionbeexpandedfromatechniciantoaproducer. ATTACHMENT Producer job description ACTION~REQUESTID: Appointment of Kevin Scattum as the City's cable TV producer 6/29!87 GOVERNMENT ACCESS CABLE TV PRODIICER JOB DESCRIPTION EXPERIENCE PREFERRED: This person will be knowledgable in 1/2" VHS and 3/4" Video formats with previous experience videotaping and editing sports, community and civic events. DUTIES INCLUDE: Work with various departments and organizations in the city to produce programs for playback on the City's Cable Television Channel Minor maintenance and upkeep of the cable TV production equipment Updating the character generated messages on the channel Coverage of City Council meetings. Conatnt R Policy CJ r L r_ CITY OF ?ALCO SIGHTS QUEST ?OR COU2iCIL COt75ID~.4T3{3N A;znda ILe~: E-8 4i~zti=~ D1t~:12/12/90 ITS DESCRIPTION: LICENSES SUBHITTEJ BY: _ Shirley Chenoweth REVIEW BY: (~',;' J PLANATION/SiJ_*Y.ARY (attach additional sheets as necessary): Contractor's Licenses Topline Outdoor Advertising ~~0631 969 LaBore Industrial Center St. Paul, Minnesota 55110 Leslie Tranby & Son Roofing & Siding 0632 6917 Valley Place Crystal, Minnesota 55427 Day's Construction & Remodeling ~~0633 3242 Sandeen Road Arden Hills, 55112 Ceres Contracting ~~0634 2504 W. County Road B Roseville, MN 55113 AC?IOI~ ItEQII£STED Approval Consent Meeting Date : F-1 Policy X Ag?nda Item ~2/12/90CITYOFFALCONHEIGHTS R~QUEST.~OR GDU~1Cl~ CD#1SlDER~,TlDN ITEM DESCRIPTION: 1991 STREET IMPROVEMENTS SUBMITTED BY: Terry Mauer REVIEWED BY: Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary): Following the Public Informational meeting which will be held at 6:30 p.m., December 12, the City Council may want to discuss various aspects of the proposed project. Terry has prepared responses to some of the questions which have been raised since the last discussion. ATTACHMENT 12/90 Mauer Correspondence ACTION REC~UESTED: 6/29/87 Decmber 6, 1990 File No: 330-019-20 Ms. Jan Wiesner Administrator City of Falcon Heights City Hall 2077 6J. ~arpenteur Ave. Falcon Heights, MN 55113 CONSULTING ENGINEERS Maier Stewart & Associates Inc. E: 1991 STREET IMPROVED-1ENTS Dear Ms, i~Jiessner: As you are aware there have been a number of issues and questions r~.i~ed ~~~ both citizens and City Council members regarding the proposed 1991 street. imprGVeiilef~t project. Due to the number Of OL!tStaridi!",g 1sSueS and questions a public information hearing has been scheduled for Decemb?r i2, 1990. In anticipation of the hearing this letter is intended to provide information relative to the major areas of question. I understand these areas to be as follows: l; W!-iY DO THE STREETS NEED TO BE RECONSTRUCTED? Tf;e streets being proposed for reconstruction show many of the c~assir_ signs cf fat-lure. These include the follows: o Alligator Cracking This is a series of interconnecting cracks caused uy failure of the asphalt concrete surface under repeated traffic leads. Alligator cracking is a sign of major structural distress. c Edgy Cracking Similar to alligator cracking but usually found within 1 or 2 feet o-F the edge of the pavement. Usually caused by frost weakened base or subgrade near the edge of the pavement. It is usually a sign of poor drainage patterns. 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer CITY OF FALCON HEIGHTS DECEMBER 6, 1990 PAGE TWO o Longitudinal Cracking Singular cracks parallel to the pavement centerline. When these appear in the driving lane they are generally related to some type of roadway fatigue. o Potholes Potholes are small bowl shaped holes in the bituminous surface. Potholes are produced when traffic abrades small pieces of the pavement. Free moisture collection accelerates their growth. Potholes are generally structurally related distresses. o Bumps and Sags Small abrupt upward or downward displacements of the pavement surface. Bumps and sags reduce the ride quality of the roadway. When sever can be a safety hazard. These various signs of distress or failure are easily found throughout the streets proposed for reconstruction. They are so numerous that existing pavement rehabilitation is not a viable option. 2) SHOULD THE MUNICIPAL STATE AID (MSA) MONIES BE USED ALONG WITH THE (MSA) DESIGN CRITERIA? I can not provide a direct answer to this question one way or the other. I can only provide the facts relative to the monies available to the City and the consequences should the City decide not to utilize these funds. As of June 30, 1990, the City had a construction fund balance of $304,719. The City's 1991 construction fund allocated is estimated at $96,000 for a total available in 1991 of over $400,000. These funds are generated from the state gasoline tax and are distributed through the Minnesota Department of Transportation (Mn/DOT) Office of State Aid. The rules for the Municipal State Aid system are set up to encourage cities to utilize the funds. If Falcon Heights does not use the funds they will be penalized by a reduction in future year's allotments. This reduction in funds to Falcon Heights will be redistributed to other communities. CITY OF FALCON HEIGHTS DECEMBER 6, 1990 PAGE THREE The Municipal State Aid system is established by state statute. Therefore, Falcon Heights can reasonably expect the distribution of these funds to continue in the future. Municipal State Aid construction funds can also be used "off system" on County State Aid Highway (CSAH) or Trunk Highway projects. The only two such projects upcoming in the foreseeable future are Cleveland Avenue and Larpenteur Avenue. These would likely utilize three to four years worth of allotment. The City would still risk substantial pentalties in the future as the opportunity for "off system" expenditure was eliminated and the City's construction fund balance grew. 3) WHAT EFFECT WOULD THE ELIMINATION OF MUNICIPAL STATE AID (MSA) CONSTRUCTION FUNDS HAVE ON THE CITY'S PAVEMENT MANAGEMENT PROGRAM? The City's assessment policy is set up such that all re pay the same rate regardless of the jurisdiction of the The rate is established at 2/3 of the construction cost residential street. The only effect the elimination of construction funds would have is the loss of one source the local share of a street project. sidential properties street they are on. of the typical Municipal State Aid the City has to fund 4) ARE THERE ANY WAYS AVAILABLE TO THE CITY TO REDUCE THE ASSESSMENT RATE? I know of no method to accomplish this short of committing more tax dollars to the formula, thus increasing the City's 1/3 share. 5) WHAT ARE OTHER NEIGHBORING COMMUNITIES ASSESSMENT POLICIES? We have contacted three adjacent communities and asked what portion of the project cost they would assessed on a similar type project. The results were as follows: Roseville 25~ Shoreview 25~ Arden Hills 50~ L~ C CITY OF FALCON HEIGHTS DECEMBER 6, 1990 PAGE FOUR 6) HOW WIDE SHOULD THE STREETS BE CONSTRUCTED? As this question was voiced loud and clear the first thing we did was perform traffic counts on all the streets within the proposed project. The results of these counts provide the following 24 hour average daily traffic ADT) volumes and peak hour counts: STREET ADT PEAK HOUR Albert Street 286 40 Arona Street 272 35 St. Mary's Street 156 16 Fry Street 295 38 Maple Knoll Drive 332 37 Garden Avenue 111 15 Given the developed nature of Falcon Heights, I would estimate the traffic growth on these streets between 1 and 1-1/2 percent per year. This means that over twenty years the traffic volume can be expected to increase by approximately 25 percent. This puts the highest projected ADT at approximately 415 on Maple Knoll Drive. I would consider all these traffic volumes, both current and projected, as relatively low. In comparison the following list provides the 1986 average daily traffic on some of the county roads in the area: Hoyt Avenue 1,600 Roselawn Avenue 2,500 Fairview Avenue 4,900 Hamline Avenue 7,500 Cleveland Avenue 8,500 Larpenteur Avenue 14,000 As we discussed at the public improvement hearing, to use Municipal State Aid construction funds and allow parking on at least one side, both Albert and Arona must be 34 feet wide. We are currently submitting a variance request to the Office of State Aid requesting unrestricted parking on a 34 foot wide street. We believe we will be able to provide a reasonable argument in favor of this request. The streets within the Maple Knoll area currently are 29 - 31 feet in width. Given the relatively low traffic volumes and low peak hour traffic volumes a street width narrower than 34 feet with unrestricted parking would be CITY OF FALCON HEIGHTS DECEMBER 6, 1990 PAGE FIVE approipate from an engineering standpoint. Comments and requests from property owners have ranged from 30 feet wide with one side parking to 32 feet wide with unrestricted parking. I would recommend the City Council consider establishing a street width of 30 or 31 feet with unrestricted parking in the Maple Knoll area. Parking can always be restricted if a problem arises as is the case on St. Mary's Street. One area of exception is the southerly end of Fry Street. If significant on street parking is anticipated due to the apartment building consideration should be given to widening of the street in this area. If you have any questions regarding this information or other items you would like discussed at~ the informational hearing, please call. Sincerely, MAIER STEWART AND ASSOCIATES, INC. GG~ Terry Maurer, P.E. TJM/db Consent X Policy fi J CITY OF FALCON HEIGHTS REQ~IfST_FOR COUNCII. CONSIDERATION Meeting Date 12/12/90 Agenda Item: F-2 ITEM DESCRIPTION: COOPERATIVE AGREEMENT WITH RAMSEY COUNTY FOR HAMLINE AVENUE PROJECT SUBMITTED $Y:Terry Maurer REVIEWED BY:Jan Wiessner EXPLANATION/SUMMARY (attach additional sheets as necessary): ATTACHMENTS a) 12/06/90 correspondence from Terry Maurer b) November 30, 1990 correspondence from Wayne Leonard c) Proposed agreement ACTION REQUESTID: 6/29/87 December 6, 1990 File No: 330-016-10 Ms. Jan Wiessner Administrator City of Falcon Heights City Hall 2077 Larpenteur Ave. Falcon Heights, MN 55113 CONSULTING ENGINEERS Maier Stewart & Associates Inc. RE: RAMSEY COUNTY COOPERATIVE AGREEMENT HAMLINE AVENUE PROJECT Dear Ms. Wiessner: As requested, we have Cooperative Agreement we offer the followin 1. The revised storm sewer resulted in reviewed the revised Version of the Ramsey County for the Hamline .Avenue project. Based en our review: comments. agreement has changed the Falcon Heights/Roseville cost sharing from 659~/35q to 35~/65~. This has a $9,080.26 reduction in City cost. 2. The original and revised estimated City cost for the Hamline Avenue project is as follows: ITEM ORIGINAL AGREEMENT RE'JISED n.~.u.'=EMEi•JT Storm Sewer y 17,859.27 ~ 8,779.~~`1 San. Sewer Impr. 0.00 0.00 Water Sys. Impr. 3,304.00 3,304.00 Concrete !al .c 21,145.60 21,'_ 45.60 Curb & Gtlttirr 14,093.63 1u,093.G3 Watermain Repl. 29,977.90 29,977.90 Gottfried Pond 40,369.87 40,369.81 Total $126,750.27 X117,670.87 3. We have discussed the possible need for an additional public hearing on this project with the City Attorney. It is his opinion that as long as the Cooperative Agreement is entered into ~wirhin the cne year time frame, there is no need for a rehearing. A copy of Tom Gedde's letter regarding this issue is attached. 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer CITY OF FALCON HEIGHTS DECEMBER 6, 1990 PAGE TWO We believe at this time the Cooperative Agreement is ready for the City of Falcon Height's approval. If you have any questions, please call. Sincerely, MAIER STEWART AND ASSOCIATES, INC. G~~~~2~~GGc~2~~ ETerry ~. Maurer, P. . TJM/db Attachment D E C'• - r - 'v+ 4-+ F F. I 1 43 _ L 4-+ h1 i=i I E ~: .`. T E LJ F1 ~_ T :: r=i '= c: i1 ~~ _ R _ E+ 2 3/1---/~ //v i~ r jENSEN, I-~ZCI~EN, GEZ7I~E ~ SCOTT, P. A,. A7~t]RNEY$ AN15 COUNSPLOR$ A7 X.nW 30CZ, EDWtiRL} A.. jR. OF COUNSEL GEDDE, 'Ik10MAJ A. 300 ANOKA OFFICE CE~1Ti:R HOW3E, O. CRAIG ki1CKEN, JEPFRkY P. 2130 THIRD AVENUEHOWAItfl, RODER7 A. JENS>;~1, DAVID L. A;`O>;A, -i1NN3:soTA s53o3-2296 I~IATTxE, pAVL E. SCOTT, MICHAI?L J. TELEPHONE (612) 421,41101 _„ TELECOPiER {612) 4211040 ~ ' ~? . R ~-~ ~~- N'ovembex 2, 2990 ~~' .~ , t~~t ~~~ ;!jl ., 1 c, , Mr. Terry J. Maurer Maier Stewart and Associates, znC. 1.959. Sloan Place St, Paul, MN 55117 RE: Ham11.»e Avenue rmprvvements Dear Mr. Maurer: In response to your letter of October 19, 1990 raising the is- sue of the time frame within which the City of Falcon Heights must enter into a contract for the Hamline Avenue imprave~ merits, it is my opinion, as we discussed Qn the telephone on October 31, 1990 that it is the contract between the City of Falcon Heights and Ramsey County that must be entered into within one year from February 7.4, 1990. z understand that you expect that contract to be signed well before February 24 oP 1991. Ramsey County currently expects to enter into its con- tracts with the construction people prior to February 14, 199. as well, but even if that does not occux, the existence of the agreement between the City and the county prior to that date would satisfy the statutory requirements. Thank you for bringing this issue to my attention. Yours truly, JENSEN, HICKEN, GEDpE & SCOTT, P.A. Thomas A. Gedde Falcon Heights City Attorney TAG/abg cc: Janet R. Wiessner RAMSEY COUNTY November 30, 1990 Ramsey County DEPARTMENT OF PUBLIC WORKS 3377 North Rice Street Saint Paul, Minnesota 5 5 1 2 6 612) 484-9104 Divisions of: Engineering Maintenance Mobile Equipment Environmental Services Jan Weissner City Administrator City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 Cooperative Agreement 90029 (rev. 1) Hamline Avenue Larpenteur Avenue to County Road B S.A.P. 62-650-04 In response to Steve Gatlin's have revised our cooperative Roseville - 35% Falcon Heights Storm Sewer Costs not eligible Agreement 90030 with Roseville returned to us. Accompanying are signature, a copy information showin signed by the Cit execution. A full letter of November 2, 1990, we agreements to reflect a 65% split on the Hamline Avenue for CSAH funds reimbursement. has been signed by them and three original copies of the agreement for for your files and a marked up copy for your g changes made. When the originals have been y, please return them to us for County Board y ~~gned co -.will then be returned to you. Wayne Leo rd, P.E. Coor inatin Engineer WRL:m enc. Agreement 90029 Rev. 1) RAMSEY COUNTY COOPERATIVE AGREEMENT WITH FALCON HEIGHTS Agreement between S.A.P. 62-650-04 the County of Ramsey S.A.P. 62-630-37 and the City of Falcon Heights Account 47422 Hamline Avenue (CSAH 50) Larpenteur Avenue to County Road B Reconstruction and Gottfried Pond Reconstruction Estimated Amount Receivable from Citv of Falcon Heights: Storm Sewer 8,779.01 San. Sewer Impr.0.00 Water Sys. Impr.3,304.00 Concrete Walk 21,145.60 Curb & Gutter 14,093.63 Watermain Repl.29,977.90 Gottfried Pond 40,369.87 Total $117,670.01 THIS AGREEMENT, by and between the City of Falcon Heights, Minnesota, a municipal corporation, hereinafter referred to as the City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH: WHEREAS, the County and the City desire to construct and rebuild Hamline Avenue (County State Aid Highway 50) from Larpenteur Avenue CSAH 30) to County Road B (CSAH 25) and Gottfried Pond a storm water holding and pumping facility adjacent to Larpenteur Avenue just east of Hamline Avenue in the City of Roseville; and WHEREAS, the east one-half of Hamline Avenue from Larpenteur Avenue to Roselawn Avenue and both sides of Hamline Avenue from Roselawn Avenue to County Road B is in the City of Roseville; and WHEREAS, the City of Roseville and the County have a separate agreement covering that portion of Hamline Avenue in Roseville and the Roseville participation in the Gottfried Pond reconstruction; and WHEREAS, that portion of Hamline Avenue not in the City of Roseville is in the City; and WHEREAS, the Hamline Avenue road project has been designated by the Minnesota Department of Transportation as eligible for certain construction costs reimbursement from CSAH funds and identified as S.A.P. 62-650-04; and 90029-1 Rev. 1) WHEREAS, the Gottfried Pond reconstruction has been designated by the Minnesota Department of Transportation as eligible for certain construction costs reimbursement from CSAH funds and identified as S.A.P. 62-630-37; and WHEREAS, the Minnesota Department of Transportation has determined allowable credit for storm sewer outfall lines .previously constructed prior to the project, and that 88.35 of project S.A.P. 62-650-04 and 25.00 of project S.A.P. 62-630-37 storm sewer system is eligible for reimbursement from the CSAH funds as present in D.V. Halvorson, Mn/DOT Hydraulics Engineer, office memorandum dated May 10, 1990; and WHEREAS, 11.65 of the storm sewer cost of project S.A.P. 62-650-04 is attributable to drainage areas outside the Hamline Avenue road right of way; and WHEREAS, the City of Roseville, the City and the County have a separate agreement for the maintenance and operation of Gottfried Pond; and WHEREAS, plans for this project S.A.P. 62-650-04, S.A.P. 62-630-37 showing proposed alignment, profiles, grades and cross sections for the improvement of County State Aid Highway 50 within the limits of the City as a County State Aid Highway project and the reconstruction of Gottfried Pond have been presented to the City; and WHEREAS, the project includes, in addition to other things, • grading, concrete curb and gutters, storm sewer, water system replacement, walks, paths, ponds, lift stations and City utility adjustments, and/or improvements; and WHEREAS, the grading provisions require acquisition of certain right of way and temporary construction and slope easements prior to construction; and WHEREAS, grading provisions of the road project will reduce the earth cover on portions of the City water system; and WHEREAS, portions of the water system are being replaced with a new system with adequate cover rather than insulate the existing system; and WHEREAS, the cost of insulating the water system is estimated as one-half the cost of replacement; and WHEREAS, the design and plan preparation by the consulting firm Maier Stewart & Associates was performed under a separate agreement between the consultant and the County; and WHEREAS, the City and County will participate in the cost, maintenance and operation of this segment of Hamline Avenue as hereinafter set forth; and WHEREAS, the City and County will participate in the operationofGottfriedPondasprovidedinseparateresolutions. 90029-2 Rev. 1) NOW, THEREFORE, IT IS HEREBY 1. The County shall prep. necessary plans, specifications, and with concurrence of the City contract for the construction of S.A.P. 62-630-37, the County inspection. MUTUALLY AGREED AS FOLLOWS: ire, or cause to be prepared, the estimates and proposals, take bids, of Roseville and the City, award a this project, S.A.P. 62-650-04 and shall perform the construction 2. The City shall acquire and pay for all rights of way and easements within the City required for the construction of the project except for those on County-owned property. 3. All rights of way which cannot be negotiated will be acquired through eminent domain proceedings. 4. All Hamline Avenue rights of way and temporary easements acquired by the City will thereafter be assigned by the City to the County. Parking and other regulations will be controlled by the County. 5. A portion of the roadway storm system as shown in the plans and specifications is determined to be eligible for reimbursement by CSAH funds based on the Mn/DOT Hydraulics Memorandum and this portion shall be paid by the County. 6. The City of Roseville and the City shall pay for that portion of the roadway storm sewer system not eligible for reimbursement from CSAH funds attributable to drainage area outside the Hamline Avenue right of way. For the Hamline Avenue storm sewer project S.A.P. 62-650-04, the City of Roseville shall pay 65% and the City shall pay 35%, the cost participation is distributed: County CSAH Funds = 88.35% City (35% of 11.65%) = 4.08% City of Roseville = 7.57% Total 100.00% 7. The County shall pay Pond project S.A.P. 62-630-37 from the County CSAH funds. resolutions, attached, the City shall each pay one-third of the Pond project, S.A.P. 62-630-37, CSAH funds. for 25% of the cost of the Gottfried which is eligible for reimbursement As provided in separate 1958 of Roseville, the City and the County cost of that portion of the Gottfried not eligible for reimbursement for County CSAH Funds = Local Funds = City of Roseville = City = Total 25% 25% 25% 25% 100% 90029-3 Rev. 1) 8. Upon completion of the project the County shall own and maintain the Hamline Avenue storm sewer S.A.P. 62-650-04 catch basins and leads and the City shall own and maintain the storm sewer trunk • lines, ponds, ditches and laterals within the City servicing property outside the road right of way. 9. Upon completion of the Gottfried pond project the City of Roseville, the City and the County shall institute procedures to turn over ownership and operation of the Gottfried pond to the Central Ramsey Watershed Management Organization. The Gottfried Pond operation and maintenance shall continue as provided in the separate resolutions until accepted by the Watershed Management Organization or other responsible agency. 10. The City shall pay 75% of the cost of concrete curb and gutters constructed within the City except for medians and replacement of existing concrete curb and gutters. 11. The City shall pay 100% of the cost of new walk constructed except for medians and replacement of existing walk. 12. Upon completion of the project the City shall own and maintain the pedestrian walk and/or path constructed within the City under this project. 13. The City shall pay 50% of the cost of replacing the existing cast iron watermain system with Ductile Iron Pipe. Replacement of the system shall include replacement of existing valves with new valves and reconnection of the water services to the new main. The County shall pay the remaining 50% of the cost of this work in lieu of insulating the existing system. 14. The City shall pay 100% of the cost of adding to the existing water system. 15. The County shall pay 100% of the cost of relocating, adjusting and insulating the existing water system not replaced. 16. The City shall assist the County in the inspection of the water system construction and the City shall own and maintain the water system within the City. 17. Any existing City utility modifications and or adjustments which are necessitated by the roadway construction, as shown in the plans and specifications, shall be paid for by the County if eligible for reimbursement through its County State Aid Highway funds. 18. Any City improvements to those provisions presently made in the plans and specifications may be incorporated in the construction contract by supplemental agreement approved by the City and shall be paid for as specified in the supplemental agreement. 90029-4 Rev. 1) 19. The City shall pay ten percent (10%) of its share of the construction cost, as determined by the contract as awarded, to the County as a preliminary engineering fee. This fee shall be due upon award of the construction contract. This fee is in addition to and not in lieu of the 8% fee identified in paragraph 20 of this agreement. 20. The City shall pay eight percent (8%) of its share of the construction cost, as determined by the final contract amounts, to the County as a construction engineering fee. This fee shall be due upon notification to the City of the final amounts of the contract. 21. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. 22. Attached is a preliminary construction cost estimate form which lists all of the anticipated cost items and their estimated quantities and costs. For convenience, grouped totals and subtotals of the construction costs of the various aspects of the project have been shown. 23. Attached is a preliminary cost participation breakdown demonstrating the method of cost calculation and identifying the City estimated costs for the project. 24. It is estimated, for accounting purposes, that the City share of the costs of the construction plus engineering cost payment to the county is the total sum of $117,670.01. The County shall, when a construction contract is proposed to be awarded, prepare a revised cost participation breakdown based on construction contract unit prices and submit a copy to the City. The City agrees to advance to the County an amount equal to 100% of its share of the total construction cost share plus preliminary engineering costs as set forth be it more or less than the estimated sum of $109,692.38. The County may then authorize the contractor to commence work. 25. Upon substantial completion of the work, the County shall prepare a revised cost participation breakdown based upon the contract unit prices and the actual units of work estimated to have been performed and submit a copy to the City. The construction engineering costs to be paid the County by the City shall be based on this revised final construction costs. The County shall add to the City's estimated final construction costs the preliminary engineering and construction engineering costs due from the City, make necessary adjustments for liquidated damages,if any, and deduct City funds previously advanced for the project by the City. The City agrees to pay to the County any amounts due. In the event the calculations show that the City has advanced funds in greater amount than is due the County, the County shall refund the amount to the City without interest. All monies paid by the City and not expended on the project will be returned within a reasonable time not to exceed two 2) years from deposit. 26. Preliminary plans reviewed at the public hearing and final plans and specifications are hereby in all things approved. 90029-5 Rev. 1) IN WITNESS WHEREOF, the parties have caused this Agreement to be • executed. In presence of Approved as to Form: By: Assistant County Attorney CITY OF FALCON HEIGHTS, MINNESOTA By: Its: By: Its: Date: THE COUNTY OF RAMSEY Recommended for approval: Kenneth E. Weltzin, P.E. Director, Ramsey County Public Works Department By: Hal Norgard, Chairperson Board of County Commissioners Attest: By: Chief Clerk-County Board Date:Date: 90029-6 Rev. 1) RAMSEY CO N'tjY- . WUBLIC ~AfO z i! MAY 14 x STATE OF MINNESOTA ~~'~-~`="~' `''`"''`'•" ~ •""" DEPARTMENT OF TRANSPORTATION O F F I C E ~I E M O RAN D U M OFFICE OF BRIDGES AND STROCTORES TO E. Morris, Jr. DATE : May 10, 1990 Assistant District Engineer PONE: 612/296-0824 FAX 612/297-2070 FROM Halvorson Hydraulics Engineer SUBJECT: SAP 62-650-04 (Hamline Ave) SAP 62-650-37 (Gottfried Pond) From Larpenteur Ave. to Co. Rd. "B" Storm Sewer and Ponding in Roseville we have reviewed the storm sewer features of this plan and finthatStateAidfundscanbear88.35$ of the costs. This amoun reflects a credit to the City for the use of inplace outfall lines In addition, State Aid funds can also bear 25$ of all ponimprovementandpumpingstationcosts. The proposed improvements conform to State Aid standards an~further review of the plan will be made by the State Aid Office. unless you wish to recommend modifying the amount of participation,the State Aid Office will use the above percentages. we are forwarding a copy of this report to K. E. Weltzin, CountEngineer, for his information. Any questions regarding this approval or cost proration shoulddirectedtoE. H. (Ed) Aswegan et 612/296-0822. cc: J. A. Skallman K. E. Weltzin D. L. Rholl S. D. Gatlin D. V. Halvorson uu,«~ ~t~ucrot• $ ~U.'nce fit. 1'aul~ hltnn.~ The uttentlon o! Coutrty Audttor - Cpu t , lh.l.aoa Sol is . Y Engins/lr N~ C1ty Clork, is reepecllully called to flu following Resolution oru~~ty~ hlinnesotu, adopted :-t the meeting held on Ily Comnilsaiuner B1sNt t CpUMTY SOARp Pilo Mo. 1739 • Retolutiog~7~ _~No. f'~Y 12. ~ 195 8 Yi11s~• of Aoa~a . Y9t. Psul - Cw~tro~i].ar, St ~ o the hoard of County Commissioners of Itamsey A brtw ~rnrood apd ~ oV~ 1MOd situa-t~d,oo the north,sida •Ot Latpaatsur.vattr• draialpg t1~ Oovoty ~ ia* Arse trbioh ray ptaohoaod for a poading ar+a forw.,~, ~ Tba County' of ItamrtY pl"opottee to reconstruct •958, and is eonnectioo ~~ A~t`b tYom Airwus~r thsrio~f°s ~ ~11~ of providi for storm rxith to ittiataLl wui4p6vaterooAraidT•ar~ateur Paul 'y~r of Ao ~ ~t~n raid etrea~t~ !a bordered by the twity of tit.aot h,~1a etos~ ~'e, sbd ~~~ ~ ~cOO $~rigbtr, the lstyar ivo of vhial4 do s'b+ rroonirtruotion bt ~+tid ~rpenteur Ainaw vilh it,o stoxsn sa7nardraLnr, t~sat dso~l of ~rbts~' t>rc~ y~t~ lri ~ bald typ 1-illages, aad T!~ conrtruatiait o! ape ~ ~o~ of s pumping •tatioa v111 b• ri~vsas+rY,6ethrr ~~ a toror min ~ D~4ping et0-tioo toofSt. Paul.'o stare Neer locate Ida4otAvsnue Quid ~y into the CitySt. Paul ~ troa+ vhictt ,point Vst•~ ~'"WI tb-0 po Cbo.lres t3tr+Nt la said City ofLakeComo, atd X06 asva viii tlov by grsritY into City op,~ ~°oditioa to t>~ use of veld storm eEVer and said Lakb ~~ therrquisN! ttrtl oouoty of Ramsey to agxr• to pay s PmDortionagoportionofth+ ooot of sa ~rl~ _~ ~~ ~~ lato City of tat. pai,~,'s s~selooatod •outterllr of rai4 ~ ~~ . PooeYill,~ 'ot~ .6aa~~ $y ~ villsgs of >paloop $eigQts aad thoattarL!M tloa4 of said ~ cwt ~ y of AaWy yi,thi» t>~itty ~ mot1a' °t m ~ •tsLioll to ~r bullt~d force ,oada i/3 0! t~._oottt. ofoffleaao~tt os tlw, ibro~' titer obi laid"pgpdit~~j~ ~p6 tt~a- siLa aua i/~Bt. Pw,l stos~ ~~)4oa-t~oD~4+~1' i,~ ototiaA 4t Zdwbo ~inrt~~~~~~~t=and esob o! t~ tr'°'a Lalua Como within 30 ~~ • ~~ of tIM Qo*t of sid sa.i ~'~'! :.!~~ r~-a+s~t of ~ia1 to tbss- ~, , .,~ o~-~tlov of Januar~r~ , e~s t4 pyr ~ ~ ~~i o; Aamser in or ba.~+n~,, t~ iwstiha1Qpuopisa •ta`lon spa~~ 1~9 of t1N ~t~1 Ooyt o! opisatia4 Wd4! ~~-• EUGENE A. MOMC$, County Auditor Deputy. RESOLUTION N0. ~ 1 ~ ,_ ,, t a regular Council taeetiti~ on ~lridy-~ Jn7,~r 22;'1~$$, tbs"fo3lokl.ti~"-Reybluti'oa • - ..Mae introduoed br Ha~a~areten 4nd SpcondYd by CarlOon. Roll Calls • Aye•~ (j~'~~ ;..aye (1~ ~ lyo0ee opposed. . WIiUtTrAS~ The Couat~ of liaasey was land situated onthenorthBideo! Larpanteur Areab be bean 1'ertnrood and liaaline Avenues wtsichvaspurchaeeQforapondingstetjotxe~rp drainln~ troy County Ilighxaye~ and HHEREJ-S~ the County of Ramsey proposes to reconstructl.upenlsur Avenue trove Fernwood to Snelling in the rear i95p~ and in connectionlherawithtoinstallaptartshexerthereonforthepurposeofprovidingforatotwwetsrevnvaidLarpent4u; Arenu~~ Nnd wlitREAS~ Larpenteur lvenue betareen said .streets laGorderedbytheCityofyt. Paul and LM Yillagee at tbeeville grid Falcon IbiQhta;the latter two of rhich do not have etotvo euwera~ and with its etorn Boxer will Idrain~a•IRrea`cdeal ottweter from Aetreetslinrthe saidtwov111agea~ Rtd ktk;H.EAS~ 1'he construction of and operation of a puaipi~igelationgillbeneceaeary~ togetl-er with a force assn extending trap the puxpl.ngstationtoa~apty into the City pf rt. 1'au1~e store sewer located at Idaho AvenueandCheloeaStreetissaidCityo~ st. Pauli tron~ xhich point wetars fray thepondingarearillIloxbr6r~-yitl- Into LMke Caao~ and iie.~EAS, ~e a condition to the nee of said storm severandsaidL,-ke CoNO~ the City of St. Yt-ul has required the County of Rau-eey toagreetopayaproportionateportionofthecoatofanovertlorrtroyLakeCoaxIntoCityofSt. Pau1~ a eawere located eseterl~r of said Lake Cato, 1'H~~'~E, YT I5 AOREE~Q try the Village of FalconHdightsandtheVi1LgoofRosevillethateachofthenwillpaytotheCountyofFiamesywithinLb1r-~ (30~ days 1-tter the completion of said pumping stationandsaidforceaaln ~} of the coat of the conatruation of a pumping etativrt tobebu11tonthepondingareaBiteand1/3 of the coat of the to:•ea a-ain Eroslt~e said ponding area to connect with u,i City of St. Paul afore Sewer locatedatLh. intersection of Idaho Avenue and Chelsea ~tateet, and oach of then agreetopay1/3 of the County~a ehatw of the cost of the Overflow troy Lake Comowitiil» ~0 days of receipt of advice ae to their ehare~ and each of said VillagesfurthrragreestopaytoTheCountyofHaeleeyinorbeforethemonthofJanuaryinU-e yrer following 1/3 of the annual cost of operating end maintaining e+idpue~ping station and said force pain, Adopted by the Pillage Council of koeeville this 22ndde4YofJulys1958. r; . A7'1'r;:i ~~ •~ i iY ~ ~ ~ . VL ._~Ob UF' ~~AJ.CON H~:LGHT'S July 25, -J58. It Naa moved by iuarksntiea~ eecondod by Shavor, and unanimoual~ voted thatCountyBoatelReaolutio» ~9-1x790, County Uoard bile y1739, i•~elativo to dralnagoftheLacpentaurAvanwpondingAraaIntoL$ko Cones in the City of St. Paul,passed try the Board of County Conmisgioners 1n spasion on stay 12th, 1958,listed Flow, be adopted t~ the Village Council of the Village of FalconHuigttte; ki:SOLU?ION ~ WIIL'A1~:AS, Tne Counter of Rrmbey cnrna land situated on the north aide of Larpen-Wur Avenue betxean Ferrn-ood and Nantllns Avenues which was purch~Yec; pot apondingareaforNaterqdra<ir-in~ 1'ro4 County hil*hraye, and IhHE:Rt:AS, 'Rie County of Ra~ie7 proposed to reconst~-act Larronteur Avenue tro4ornxoodtoSnellingistheyear19S~r and in ronneotioa tharo~rith to installaatopsteerthereonforthepurposeofprovidingforOterowatorY~on saidI•~rpenLeur Avenue, and •, b11N:Rt:A.S, Larpenteur Avenue bebrsea said streets le bordered try the City ofSt. Paul and the Y311agee at Roseville yid !•'alcon Haiphta, the latter txo oftirhichdvnothaveetorAta~er~i and wH~:AS, fie reconstruction o! said Larpenteur Avonuu xith it.a etorA iy,xerw1-11 drein a great deal of east frog atreetq in the said taro villaget~ and The conetruc•loh of and operatlati of a pumping utaLian will be necessary,toKuthsr with a torte rata estending tress the pumping elation to emg~tJ- itsto theCityofSt. Pnul~s stets OeRer located at Idaho Avenue and ~'holaea Street issaidCityofSt. Paul, troy Nttich point tratert troy the pond.ing aref tr131 flowtr~r gratrigr into Lake Cotapi sad w-ISF~, as a eonditlon to the ose of said slot, surer and said Lake Cogoi theCitJof5t. Paul I~aM required the Counter of liaa~eey to agree to pay aproportion-ege portion of the coat, of ~ owrtloa tree Lake Conn into City of St• P~ul~YauwrenlocatedeasterlyofsaidI.akq Coan~ NOW, TH1:R7•.'t'UItC, IT I5 iaRkJJ1 ,~y the Village or ~• elcon Heiy~tb and the PillageofRosevillethateachofthentrillpagrtotheCountyofRamseywithin ~~30) dqe attar tha completion of said pooping et~-tlon end said tore oala1/3 of the noel of the corNttuotlon of a pumping station to be built on t•hepohdingareasiteend1/g at tie cost;~bt the tore gain tray the said poodinaarwatoconnectFriththeCittrofSt• Peal gtoro~ ee+nr ].oca-t~d at the inter..eels lion of Ideho Avenue and Fhaleea Streets at~d e+-ch of they agree ~ py, 1/3oftheCounty~s share of the cost; of the overflgr treat Y•ake Como xithin 30 deyeof ~ceipt of advice as to their ghare~ and each of said Villaged further agraeeto .papr to the County of Ra-nsey in os before the otonth of January in tits YosttoLlowittg1/3 of the annual Yost of operating end mainandsaidtorteowin• ~~$ Meld pumping station YII.LAOJr o}' FALCON HirIOHTS~ 1..1.1 ~ l 1 H r, ~;, ~.. ~, ~ ti h'r ~ '~~,LC ~ _ ~ ~/,c lac ~ /(:. ~ / ~~•~, ~.~,/..r: ` C1erk. M NGINEEkS OPINION. OF COST: NAMLINE RVE STREET RECONSTRUCTION Item Item Unit 9uantity UNIt PRICE TOTAL PRICE No. SCHEDULE 1.0 2U21.SG1 MOBILIZATION L5 i 10000.00 10.000.00 2104.501 REMOVE RC PIPE LF 1400 3.00 f5.700.UG 104.501 REMOVE CONCRETE CURB b GUTTER LF 1125 0.50 562.50 2104.509 kEMOVE CATCH BASIN EA 2b 200.00 f5.200.0~J 2144.509 kEMOVE MANHOLE EA 21 200.00 4.200.00 2104.505 REMOVE EX BIT PVMT AND CURB SY 33000 0.50 f1b.50ti.0t~ 2104.505 kEMOVE CONCRETE PAVEMENT SY 1350 4.00 5.400.00 2101.502 CLEARING TREE 49 60.00 f2.940.0~ 2101.507 6kUBBING TREE 49 60.00 2.940.00 2101.511 CLEAR & GkUbb LS l 5-)40.UO 5.000.04 1U5.5U1 COMMON EXCAVATIUW CY 84938 2.OU 169.876 00 2112.501 5UBGkAOE PREPARATION RD STA 56.95 75.00 14.271.25 2211.501 AGGkEGATE BASE CLA55 5 TON 26000 5.50 143.000.00 2105.521 GkANULAk bOkkOW lCV)CY 12000 S.OU fb4.UV0.4i~ 2145.522 SELECT GRANlI1.AR BOkkDWICV)CY 15000 5.50 t82.50U,-)iti 2130.501 WATER M GAL SUO 14.04 t5.440.0- 31.514 9A5E COURSE MIXTURE 2331 TON 7720 10.00 f77,200.~i~~ 2331.504 BIT MAIL FOk 2331 TON 386 110.00 f42.4bri.bG~ 2331.510 BINDEk COURSE MIXTURE 2331 TON 3900 11.00 42.900.40 2331.544 BIT MATL FOk 2331 TON 215 110.00 f23.b50.tii~3b1.SU8 WEAR COURSE MIXTURE 2361 MDD TDN 2150 15.00 f32.250.U~i 2361.504 ASPHALT CEMENT TUN 151 120.00 t18.120.0-~ 357.502 bIT TACT( COAT GAL 4670 1.00 54.67U.i-0 2531.501 CUNCkETE CUkB 6 GUTTEk 6618 LF 770 5.50 f4.235.0~~ 2531.501 CDNCkETE CURB !t GUTTER 8624 LF 11000 6.50 71.500.00 2521.501 4" CONCRETE SIDEWALk SF 43000 1.75 f75.25ri.U4 0531.!,02 PED RAMP EA 26 50.00 1.300.04 2531.507 b" CONCRETE DJW PAVEMENT SY 1580 24.00 t3l,bri0.00 2531.507 8" CONCRETE D/w PAVEMENT 5Y 210 25.00 15,250.00 0341.605 BIT OJW RESTORATION SY 3670 8.00 t24,360.0~~ 2301.501 CONCRETE PAVEMENT SY 475 35.00 116,625.04 2506.511 kECDNSTRUCT MANHOLES LF 120 200.00 t24,000.OG 2506.522 ADJUST FRAME & RIN6 CASTING.EA 22 100.00 3.2.200.00 2506.516 CASTING ASSEMBLY EA 6 250.00 1.5UU.~-~i 2503.541 B" PVC STORM SEWER LF 50 12.00 36UO.OG 2503.541 15" kC PIPE CLASS III LF 3357 18.00 f60.42b.Uu 2501.515 15" RC PIPE APRON EA i 400.00 404.04 0503.602 15" kC PIPE BEND 22 1J2 DEGREE EA 2 300.00 1600.00 2503.541 18" RC PIPE CLASS III LF 334 21.00 37.014.00 2503.541 24" RC PIPE CLASS III LF 12 25.00 300.04 0503.602 24" kC PiPE LONG RAD BEND EA 1 250.00 250.00 2503.541 30" RC PIPE•CLA5S III LF 697 35.00 f24.395.Ori r.-503.b02 34" RC PIPE SHORT BEND EA 7 375.00 2.625.04 2503.541 36" RC PIPE CLASS III LF 36 45.00 1.620.00 0503.602 3b" RC PIPE SHORT IaEND EA 7 450.00 3.150.00 2503.541 42' RC PIPE CLASS III LF 4B 62.00 12.976.00 0503.602 42" kC PIPE SHORT BEND EA 2 550.00 1,100.00 2503.541 4B" kC PIPE CLASS III LF 34 72.00 f2,ib0.0~! 2501.515 48" RC PIPE APRON EA 1 750.00 750.00 2503.521 54" RC PIPE ARCH LF lb 115.00 l1.840.0(~ 2503.541 72" kC PIPE CLA5S III LF 48 150.00 t7 2(-02503.515 72" RC PIPE APkON EA 1 1300.00 fl 3-)O.OG2506.509 CATCH BASIN 27" DIA EA 3 700.00 2 1U0.U02506.509 CATCH BASIN pESIGN 5PECIAL 2 EA 35 1000.00 f35 000.Ut~2506.509 CATCH BASIN DESIGN LP EA 6 1000.00 fb 000 0U2546.508 MANHOLE 48" DIA EA 29 900.00 f2b 100.002506.548 MANHOLE bU• DIA EA 3 1400.t-0 4 240 00c546.508 MANHOLE 1U FT OIA EA l 13000.00 13 404 442411.507 CONCkETE HEADWALL EA 1 20000.00 20 000 004503.b02 LIFt STATION EA 80040.00 r~r,f84 0000503.bU1 0546.509 12" FDRCEMAIN 46" CONTROLLED INLET STRUCTURE LF EA 150 1 27.OU 4.050.00 50.541 4" PEkFOkATED TP PIPE DRAIN LF 10400 3000.00 4.OU f3,404.0-: 41 bU4.Uf~2511.501 kANDDM RIP RAP CLA5S IV CY 129 30.00 3 870 0%:2557.501 CHAIN LINK FENCE ~LF 2000.10.00 20 000 002557.517 VEHiCULAk GATE EA 2 560.00 f1 000 OG45U3.b14 503 615 MINOk SAN. SEWER REPLACEMENT MAJ~k'SAN S EA 3S 300.00 1U.50U.Uu 4504.605 EWEk REPLACEMENT 2" POLYSTYRENE INSULATION LF SF 75G 500 15.50 11,625. Ur; 0544.b03 6" DIP WATEkMAIN LF 4000 3.00 15 00 1.500.,)0 0504.b03 8" OIF' WATERMAIN LF 500 19 04 fbU.000.0i~ r0504.502 kELJCATE HYOkANT EA 13 704.00 9 SUU.U r9.104 ri~:0504.602 ADD VALVE HYDRANT EA 13 100U.t-U i13 0U00504.602 ADJUST HYDkANT EA 2 425.00 rg5;~SU4.602 u563.b01 ADJUST VALVES TkAFFiC CONTROL EA 24 lUU.4(-s2.a00.U'% USbS. bU4 kE:V I SeU S I GtJAI SYS A LS SY5 1 1 50-)U.t-U g,ryrj;~, 0565.b~~4 KEVISED SIGNAL 5Y; 'n 5YS 1 10000.0(-f 10. (-t-U. 2575.5Ui SEEDING ACRE 6 5-i44.Ui~f5,r;r~%),r;~: 575.5-)~SDGDING TYPE A SY 24500 13-)(-.UU 7.800.Uq 575.b(-l ERDSIGN i:ONT^nOL LS 1 1.50 f3o,75U.:~~ 0506. b02 FURN b IN;T. 42" GkAIN GATE EA 1 SUOU.40 800 00 f5.0U4.U 45Ub.b02 FURN b INST. 36" DRAIN GATE EA 1 650 00 fBO~), (~i~ OS-ib.6i~2 FURN ~ INST. 30" bkAIN GATE EA 1 504.40 650.00 f50-)0(~c58t-.501 TEMPUkARY LANE MARKING k0 STA 52.00 10.00 520 000557.603 FURNISH b INSTALL MAILROXt:5 EA 20 200.00 l4.000.OC~ T SCHEDULE 1,0--Total eessae==aao_aa l1,600,28U.7:, 7 COST PARTICIPATION SUMMARY Hamline Avenue S.A.P. 62-650-04 Agreement 90029 & 90030 based on Engineers Estimate dated Low Bid Unit Prices dated Contract Prices & Quantities dated STORM SEWER - HAMLINE AVENUE CONSTRUCTION COST = $182,349.00 Ramsey County CSAH 88.35% = 161,105.34 Falcon Heights 4.08% = 7,439.84 Roseville 7.57% = 13,803.82 182,349.00 GOTTFRIED POND Ramsey County Ramsey County Falcon Height Roseville CONSTRUCTION COST CSAH Funds 25% _ $ 34,211.75 Local Funds 25% = 34.211.75 s 25% = 34,211.75 25% = 34,211.75 136,847.00 136,847.00 SANITARY SEWER IMPROVEMENT Falcon Heights Roseville Minor Sys. _ 10,500.00 Roseville Major Sys. 11,625.00 CONCRETE WALK Fa con Heights Total 10,410 sq. ft. 170 Replacement 10,240 sq. ft. @ $1.75 = $17,920.00 Roseville Total 19,479 sq. ft. 240 Replacement 19,239 sq. ft. @ $1.75 = $33,668.25 0 22,125.00 CONCRETE CURB & GUTTER Falcon Heights Credit = 180 L.F. B618 with 340' removal = 160 L.F. B624 Credit B624 = 2,610 L.F.-160 L.F. = 2,450 L.F. Participation = 2,450 L.F. @ $6.50x75% _ $11,943.75 Roseville Credit = 590 L.F. B618 with 745' removal = 155 L.F. B624 Credit B624 = 7,620 L.F.-155 L.F.= 7,465 L.F. Participation = 7,465 L.F. @ $6.50x75% _ $36,391.88 L~ 90029 & 90030-CP1 Rev. 1) WATER SYSTEN Falcon Heights 100% City-Betterment Add 6" Gate Valve & sox 8 @ $350 = $2,800.00 100% County-Adjust System 2" Polystyrene Insulation 6 S.Y.@ $10 =60.00 Adjust Curb Stop Box 36 Ea.@ $75 =2,700.00 Relocate Hydrant 6 Ea.@ $800 =4,800.00 Adjust Hydrant 0 Ea.0 Adjust Valve sox 2 Ea.@ $100 =200.00 7,760.00 50% City/50% County-Watermain Replac ement 6" DIP Watermain 1,400 L.F. @ $16 =22,400.00 6" Gate Valve & Box 1 Asm.@ $350 =350.00 Water Service Trench Exc. 32 Services in F.H.1,500 L.F. @$12 =18,000.00 11 Services in RV 600 L.F. @ $12 =7,200.00 Connection to Existing 4 Ea.@ $500 =2,000.00 DIP Fittings 860 Lb @ $1 =860.00 50,810.00 Ramsey County = 50% _ $25,405.00 Falcon Heights = 50% _ $25,405.00 Roseville 100% City-Betterment Add 6" Gate Valve & Box 5 @ $3 50 =1,750.00 100% County-Adjustment 2" Polystyrene Insulation 50 S.Y. @ $10 =500.00 Adjust Curb Stop Box 24 Ea.@ $75 =1,800.00 Relocate Hydrant 12 Ea.@ $800 =9,600.00 Adjust Valve Box 4 Ea.@ $100 =400.00 12,300.00 50% City/50% County-Watermain Replac ement 6" DIP Watermain 1,630 L.F. @ $16 =26,080.00 8" DIP Watermain 325 L.F. @ $20 =6,500.00 6" Gate Valve & Box 8 Asm.@ $350 =2,800.00 8" Gate Valve & Box 1 Asm.@ $400 400.00 Reconnect Water Services Roseville 32 Ea.@ $300 =9,600.00 Falcon Heights 6 Ea.@ $300 1,800.00 6" Connection to Exist 11 Ea.@ $500 =5,500.00 8" Connection to Exist.2 Ea.@ $500 =1,000.00 DIP Fittings 1,050 Lb. @$1 =1,050.00 Ramsey County 50% _ $27,365.00 Falcon Heights 50% _ $27,365.00 54,730.00 90029 & 90030-CP2 Rev. 1) CONSTRUCTION COST PARTICIPATION PLUS ENGINEERING AGREEMENT 90029 & 90030 HAMLINE AVENUE Falcon Heights Item Storm Sewer San. Sewer Imp. Water Sys. Imp. Concrete Walk Curb & Gutter Watermain Repl. Gottfried Pond Constr. Cost Prelim. Eng. 10% 743.98 0 280.00 1,792.00 1,194.38 2,540.50 3,421.18 9,972.04 Constr. Eng. 8%Total 7,439.84 0 2,800.00 17,920.00 11,943.75 25,405.00 34,211.75 99,720.34 Due at Contract Award Roseville Item Constr. Cost Storm Sewer San. Sewer Imp. Water Sys. Imp. Concrete Walk Curb & Gutter Watermain Repl. Gottfried Pond 13,803.82 22,125.00 1,750.00 33,668.25 36,391.88 27,365.00 34,211.75 169,315.70 Due at Contract Award WRL:m 11/13/90 595.19 0 224.00 1,433.60 955.50 2,032.40 2,736.94 8,779.01 0 3,304.00 21,145.60 14,093.63 29,977.90 40,369.87 117,670.01 109,692.38 Prelim. Eng. 10% Constr. Eng. 8%Total 1,380.38 2,212.50 175.00 3,366.82 3,639.19 2,736.50 3,421.18 16,931.57 186,247.27 1,104.31 1,770.00 140.00 2,693.46 2,911.35 2,189.20 2,736.94 16,288.51 26,107.50 2,065.00 39,728.53 42,942.42 32,290.70 40,369.87 199,792.53 90029 & 90030-CP3 Rev. 1) Consent Policy X CITY OF FALCON HEIGHTS OE~UEST. FOR COUNCIL CONSIOERATiON Meeting Date~2/12~90 Agenda Item: F-3 ITEM DESCRIPTION: PROPOSED ORDINANCE 0-90- 10 AMENDING CHAPTER 4, PARTS 7 AND 8 OF THE CITY CODE RELATING TO CABLE COMMUNLCATIONS SUBMITTED BY: Thomas Creighton, Attorney for North Suburban Cable Commission REVIEWED BY: Shirley Chenoweth Jan Wiessner Tom Gedde EXPLANATION/SUMMARY (attach additional sheets as necessary): Resolution R-90-26, adopted by the City Council on June 27, 1990, granted approval of transferring community television programming responsibilities from Group W Cable to member cities. The adoptionofproposedOrdinance0-90-10 is necessary to finalize this transfer. ATTACHMENTS a) Tom.Creighton's letter dated November 15, 1990 b) Copy of Resolution R-90-26 c) Copy of proposed wording for Ordinance 0-90-10 Underlining indicates new language and deletions are crossed out Existing language is consistant with our existing city code. This will be typed in Ordinance form following approval. ACTION REt)UESTED: Adoptioti of Ordinance R-90-10 6/29/87 Attachment A BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW HEAL J. SHA PIRO SAUL A- BERNICK • THOMAS D. CREIG HTON JERRY STRAU55• SGOTT A. LIFBON PAUL J. OUAST S. TODD RAPP.I SUSAN DIC KEL MIN SBERG THERESA M. KO WALS KI TO: FROM: RE: DATE: PA RKDALE 1, SVITE 200 5401 GAMBLE DRIVE MINNEAPOLIS, MINNESOTA 55416 612) 546-1200 FACSIMILE (612) 546-1003 MEMORANDUM ALSO AO MITTEO IN WISCONSIN ALSO CERTIFIED PUBLIC ACCOUNTANT REAL PROPERTY SPECIALIST CERTIFIED By MINNESOTA STATE BAR ASSOCIATION OF COUNSEL ARTHUR J. GLASSMAN• ROBERT C. SIPKINS PARALEGAL EVA Z. CHAPMAN Member Cities of North Suburban Cable Commission Thomas D. Creighton, Legal Counsel ~~'~i~~ A Resolution Transferring Communi y Television Programming-Franchise Ordinance Amendments 11/15/90 As you recall, in the past spring and summer, the North Suburban Cable Commission brought to each of your cities a proposed resolution transferring community television programmingresponsibilitiesfromGroupWCableoftheNorthSuburbstoeach of the member cities. All of the member cities have approved the resolution. The Resolution adopted by your city in the summer of 1990 is not effective until the Commission and Company accept and execute Amendment Agreement No. 2 and.-the equipment repair and replacement list. Amendment Agreement No. 2 contains original proposal of Group W Cable (now and amendments to the Cable Commissions each member city. While the Commission proposal amendments, only the member ci ordinances. amendments to the Cable TV North Central) Franchise Ordinances of can adopt and execute the ties can amend their Please find enclosed the ordinance amendments which have been prepared and reviewed by the Cable Commission. These amendments are necessary to effect the "Resolution for the Transferring of Community Television Programming Responsibilities." Please review these amendments to your CableTelevisionFranchiseOrdinance, put them in whatever form yourcityrequires, and notify me of their adoption by your individualcity. Please forward to me certified copies of the duly adoptedordinanceamendments. BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION November 15, 1990 Page 2 The ordinance amendments are not effective until the Cable Commission and the company have agreed to the amendments to the original proposal of Cable TV North Central and all necessary equipment lists. If you have any questions, please feel free to contact me. Enclosures cc: Directors, North Suburban Cable Commission w/enclosures Kevin Griffin, Cable TV North Central w/enclosures ATTACHMENT B CITY OF FALCON HEIGHTS RESOLUTION NO. R-90-26 A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM GROUP W CABLE OF THE NORTH SUBURBS, INC., d/b/a CABLE TV NORTH CENTRAL WHEREAS, the Cable Communications Franchise Ordinances between Group W. Cable of the North Suburbs, Inc., d/b/a Cable TV North Central (hereinafter "Company") and the ten (10) Member Cities of the North Suburban Cable Commission (hereinafter Commission"):Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View,New Brighton,North Oaks, Roseville, St. Anthony and Shoreview (hereinafter "Member Cities"), require the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access and local origination bandwidth, provide certain cable programming staff, provide certain cable programming, and provide certain funding, as delineated in the Application For Cable Television Franchise dated October 1, 1981, as amended, and as required in the Franchise Ordinances such delineation and requirements to be more fully specified in Amendment Agreement No. 2, (hereinafter community cable television programming"); and WHEREAS, the Company has proposed divesting itself of all responsibility for providing the above-mentioned support for the community cable television programming; and WHEREAS, the Commission at the direction of the Member Cities has investigated the possibility and ramifications of assuming responsibility for community cable television program- ming within the geographic area of the ten (10) Member Cities' area, see map attached as Exhibit A made a part hereof; and WHEREAS, the Commission at the direction of the Member Cities and the Company have negotiated mutually acceptable terms to effect the transfer of all of the community cable television programming requirements from the Company to the Member Cities and then to the Commission pursuant to the Amended Joint and Cooperative Agreement and as delineated below. NOW, THEREFORE, BE IT RESOLVED that the City of Fal~c~n Heights and Company agree to the following terms and conditions: 1. The Commission will assume all responsibility for community cable television programming within or for the geographic area of the ten (10) Member Cities of the Commission, Exhibit A. 2. The Company is relieved of all responsibility as more fully specified in Amendment Agreement No. 2 for providing community cable television programming within or for the geographic area of the ten (10) Member Cities of the Commission, Exhibit A, except for the maintenance, repair and technical performance of the cable and related active and passive electronics which carry the channels delineated in paragraph 5, excluding all equipment owned and operated by the Commission or its designee. 3. The Company shall transfer to the Commission title to and ownership of all equipment listed in Exhibit B, attached hereto and made a part hereof. All equipment shall be operable and free and clear of any and all encumbrances. 4. The Commission shall have forty-five days prior to the effective date of this resolution to verify the presence in inventory of all equipment listed on Exhibit B and to verify its operational status. If the Commission determines that any piece of equipment or part thereof is inoperable or missing from inventory, the Commission shall notify Company in writing. The Company and Commission must agree t.o a list of equipment or part thereof, if any, which is inoperable or missing and both parties must agree in writing to a reasona- ble timetable for necessary repair or replacement. In the event both parties cannot agree as required above, this agreement shall not become effective until such time or in the event that both parties can agree as required above. 5. The Company shall make available for the term of the Franchise and any renewals thereof for noncommercial, as defined below, use by the Commission and its Member Cities those channels currently on the North Suburban Cable System and currently known as the Public Access Channel (now carried on Channel 33), the Government Access Channel (now carried on Channel 16), the Educational Access Channel (now carried on Channel 51), the Local Origination Access Channel now carried on Channel 52), the Community Access Channel now carried on Channel 62), the Religious Access Channel now carried on Channel 63), the Higher Education Access 3 Channel (now carried on Channel 66), the Special Needs Access Chan l i d hnenowcarronCe annel 68), the Independent School District #621 Channel (now carried on Channel 67), the Independent School District #623 Channel (now carried on Channel 64), the Library Channel (now carried on Channel 53) and the Public Access Channel - Narrow Cast (now carried on Channel 69). The Company is still bound by Article III, Section 5 of the Franchise which requires that whenever any of the access channels required by state law is in use during 80 percent of the weekdays, for 80 percent of the time during any consecutive three hour period for six weeks running, and there is demand for use of an additional channel for the same purpose, the Company shall provide a newly designated access channel for the same purpose at no additional cost to the subscribers. The Commission and its Member Cities shall have complete and unrestricted access to the above-mentioned channels, however, the Company shall have full responsibility for the maintenance, repair, and technical performance of the cable and related active and passive electronics which carry said channels (excluding all equipment owned and operated by the Commission or its designee) for the term of the Franchise and any renewals thereof. The Company shall provide to the Commission and the Member Cities ninety (90) days written notice of any proposed access channel realignment, and both parties hereby reserve all rights available to them regarding such proposed II, a • realignment. For the purpose of this agreement, "noncommer- cial" shall mean .that the Commission and the Member Cities may sell and/or produce advertising on the Local Origination Access channel, now carried on Channel 52, provided however that none of the access channels listed above may be leased ire whole or in part or otherwise made available for commer- cial use by third parties. 6. As of the effective date of this resolution, the Commission and the Member Cities shall allow the Company the exclusive use of two access channels now carried on 68 and 69. At anytime after six months from the effective date of this resolution, with no requirement for justification, and in the sole discretion of the Commission, the Commission may demand the return of up to two (2) channels to the Commis- ison and the Member Cities. The Company must return the use of one or both of the two (2) channels, whichever is requested by the Commission, to the Commission and the Member Cities no later than one (1) year after written notice by the Commission to the Company or at the expiration or termination of any contract with a program supplier whose program is being cablecast on the channel(s) at the time of receipt of notice, whichever is earlier. 7. The Company shall pay on the effective date hereof to the Commission or its designee $178,000. Upon Franchise renewal, the Company shall pay to the Commission or its designee $50,000.00 annually due and payable on the first 5 8. business day of each year. The Company will be responsible for the 1989 $75,000.00 payment as required by the Fran- chise. No subsequent annual $75,000.00 payments as required by the Franchise shall be required from the Company so long as this Agreement is in effect. In 1990, the Company shall pay the Commission or its designee $450,000 in equal quarterly installments commencing the first business day of 1990 pro rated from the effective date of this Resolution for the remainder of 1990. Commenc- ing the first business day of 1991, and on the first business day of each year thereafter, continuing to the end of the franchise term and any renewals thereof, the annual contribution paid quarterly shall be the previous year's total contribution, increased by the Consumer Price Index for Minneapolis-St. Paul for the year ending December 31 prior to the payment of the first business day of the year, as published by the U. S. Bureau of Labor Statistics or an escalator as described below, whichever is greater. Even though a pro rata payment is to be made in 1990, the previous year's total contribution" for the purpose of escalation in 1991 shall be $450,000, as if the entire amount had been paid in 1990. The escalator shall be five percent (5%) of the previous annual payment so long as the Company's gross revenue increase for the year ending December 31 before the payment of the first business day of the year was thirteen percent (13%) or less. If the 6 Company's gross revenue increase for the year ending December 31 before the payment of the first business day of the year was above thirteen percent (13%), the escalator will be five percent (5%) plus 1/10 of a percent for each one percent (1%) or part thereof increase of the gross revenue (e.g. 13.0001% increase would equate to a 5.1% escalator, 14.0001% increase would equate to a 5.2% escalator, etc.). At no time will the escalator under this formula exceed eight percent (8%). If the Consumer Price Index is being used because it is greater than the escalator, the annual payment will be increased by whatever the Consumer Price Index was. The five percent (5%) minimum annual escalator shall be applied in four (4) equal installments to each quarterly payment, with any additional escalator, if the C.P.I. is more than five percent (5%) or if the gross revenues increased in the previous year by more than thirteen (13%), being applied in two (2) equal installments to the third and fourth quarter payment. 9. The Company shall pay to the Commission or its designee a total of $650,000.00 upon sale or transfer of the system serving the ten Member Cities or upon renewal of the Franchise whichever is sooner. 10. The Company shall sublease to the Commission or its designee the Local Origination and Access studios and associated office and supplementary space (as more fully set out in Exhibit C) located at 934 Woodhill Drive, Roseville, 7 Minnesota 55113, and previously known as Lake Owasso hereinafter "Owasso"). The sublease Elementary School shall be on a year to year basis for the term of the renewal thereof. The Commission's Franchise, or any obligation shall be pursuant to the same terms and condi- tions of the Company's lease obligations to the School District including the same rental and property tax obliga- tions pro rated per square foot leased to the Commission. Commission or its designee shall contract separately for utility services. Any rent and property tax paid to Company by Commission or its designee for this space shall not be considered Gross Revenue. If the landlord of Owasso releases the Com any fromp Independent School District #623, its rent obligation for the square footage allocated to thF Commission in Owasso, the Commission may negotiate its own lease with the landlord. If the Company chooses to ter- minate the sublease, the Company shall pay all reasonable expenses associated with the removal and relocation of the office, studio space, and cable system from Owasso to 10 city area. another comparable facility within the ten ( ) ro erty tax The Company shall be responsible for any rent p P differential between that which was being paid .by the at the Owasso site and the actual rental/property Company tax rate at the new location. If the Commission chooses to vacate the premises at Owasso, the Company shall connect the cable system to the new location within the ten (10) city 8 C~ area, so long as the. new location is within one mile of the Institutional and subscriber networks, and shall pay documented costs of up to $15,000.00 for leasehold improve- ments and other miscellaneous expenses at the new location. 11. Effective on the effective date of this resolution, the Commission shall assume from the Company the Lease for the current Edgewood facility, located at 510 North Edgewood Drive, Moundsview, Minnesota. The Company shall relocate the equipment now at the Edgewood facility to Irondale and shall pay all reasonable costs and expenses of removal of the equipment and setting it up at the facility at Irondale and relocating the cable system to the Irondale facility. 12. The Company shall provide and transfer to the ownership of the Commission the Master Control, including headend switchers and controllers, containing the equipment delinea- ted in Exhibit B attached hereto and made a part hereof allowing for play-back on all channels delineated in paragraph 5, above. In any event, the ability to play-back on a 24-hour a day, every day, basis on all such channels shall be complete and unrestricted. 13. The Company shall reimburse the Commission for all docu- mented attorney's fees not to exceed $20,000 throughout the discussion and negotiation of the transfer of the community cable television programming function from June 1, 1989 until all issues to effect such transfer are complete. 14. The Company shall pay $2,500 to place a logo designated by Commission on all vans, equipment, and Owasso entrance and ~'• internal signage. 15. The Company shall provide to the Commission at no cost, ad insertion time on the system of two (2), thirty (30) second ads per day, allocated through a system known as "run of schedule" which would provide that the ads be evenly rotated throughout time slots on all channels upon which the Company has ad avail space. 16. The Company will provide at no cost to the Commission, one black and white, single page, front-only unfolded, bill stuffer per fiscal year, provided the Commission may enhance this bill stuffer at its expense consistent with the Company's specifications for bill stuffers. 17. The terms and conditions of this Resolution shall not be changed without the mutual consent of the Company, the Commission, and the Member Cities. 18. As of the execution of this resolution by the Company and the Member Cities, the Commission/Member Cities acknowledge that the Company is in compliance with all issues and requirements of the Franchise Ordinances and the offering which were within the scope of review in the five (5) year performance review conducted by the Commission as more fully delineated in Exhibit D attached hereto, except for the Institutional Network which is the subject of separate review and action of the Company and Commission. It is 10 • j understood that all ongoing and future obligations of the Franchise Ordinances remain effective unless otherwise waived by mutual consent of the Member Cities and the Company. 19. The Company, the Commission and its Member Cities hereby reserve all rights and duties afforded pursuant to the Cable Communications Policy Act of 1984, the Cable Communications Franchise Ordinance as amended, and applicable local, state and federal law, and nothing contained in this Agreement shall constitute a waiver of such rights and duties. i• 20. Any violation of this resolution and/or the resulting Amend- ment Agreement #2 shall be a violation of each of the Franchise Ordinances of the ten (10) Member Cities, includ- ing any and all enforcement rights, remedies, and procedures therein. 21. Should the Commission cease to exist, the obligations of the Company pursuant to this resolution shall be binding upon Company and go to the benefit of the Commission's legal successor, if any, or the ten (10) Member Cities pro rata in proportion to each city's Franchise Fee receipt for the year of the obligation. 22. This Resolution shall be effective ninety (90) days after the approval of the last of the ten (10) Member Cities plus the Commission's and the Company's acceptance of Amendment Agreement #2, except Commission and Company may effect this resolution sooner by mutual consent. Both the Commission 11 and the Company must agree to and execute the equipment repair and replacement list, if any, required by paragraph 4 ' • hereof and Amendment Agreement No. 2 before this Resolution shall become effective. 23. This resolution shall not be severable. A judicial deter- urination as to the ineffectiveness of any provision herein may render the entire resolution null and void in the sole discretion of the Commission, or its legal successor, returning the Company's obligations to those levels required by the original Franchise Ordinances, as amended prior to the effective date of this resolution. In such event, the Commission shall return all equipment delineated in Exhibit B in an operable condition, or the Member Cities may relieve the Company of its obligation to provide such equipment, • studios or services related to any such unavailable or inoperable equipment. As to any Franchise violations existing or alleged as of the execution of this resolution, any waivers or forgiveness thereof contained herein shall also become null and void, reinstating the Commission/Member Cities' rights to any remedies delineated in the Franchise Ordinances, as if this resolution had never been effective. 24. Pursuant to Section 613(a)(2), of the Cable Communications Act, the Commission/Member Cities hereby acknowledge that they do not hold an "ownership interest" in the cable system. 12 • I U 25. Upon the effective date hereof the Company may reduce the Performance Bonds now in place to one (1) Performance Bond in the amount of Fifty Thousand Dollars ($50,000) naming all ten (l0) Member Cities as Secured Parties and eligible drawers thereon. The Performance Bond shall be replenish- able so that each time any one City draws thereon or makes a claim against such Bond, the Company shall immediately replenish the one Bond. It is further agreed that at any time, for the term of the Franchise Ordinance, or any renewal thereof, the Commission or any Member City in its sole discretion may require the amount of the one replenish- able Performance Bond to be increased to an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000). 26. This Resolution was moved by Councilmember Wallin and seconded by Councilmember Gehrz The following Councilmembers voted in the affirmative: Baldwin, Gehrz, Wallin __ The following Councilmembers voted in the negative: NONE Ciernia and Jacobs were absent Adopted this 27th day of June 1990. CITY OF Falcon Heights Dated: June 27 , 1990 ~ ~ /'~~~~-t-- Mayor 13 By City C erk We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and condi- tions. C_)) ~ Dated: ~ % /L' CAB E TV N H CENTRAL 14 I I ATTACHMENT C Amendments to The Cable Communications Franchise Ordinance For The City Of Falcon Heights, Minnesota Prepared By: Thomas D. Creighton Bernick & Lifson 5401 Gamble Drive Parkdale 1, Suite 200 St. Louis Park, MN 55426 612) 546-1200 C~-j ARTICLE I. SECTION 2.0. Offering of Grantee~~ or ryOffering~~ means that certain document dated October 1, 1981, entitled ~~Application for Cable Television Franchise" and signed by Grantee, which document is on file with the City Clerk, and anv amendments thereto which are mutually acceptable to Grantee and City. n LJ 1. ARTICLE II. SECTION 8. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City~s Administrator of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to City: City of Falcon Heights City Hall 2077 West Larpenteur Ave. Falcon Heights, MN 55113 If to Grantee: Cable TV North Central • 3~'~8-S•-Httri~a~ Ps~e~ttre AFe~~l~ 934 Woodhill Drive Pr~ert F~~~~e,- I~~~rtes~e~a--55~~3 Roseville, MN 55113 Attn: System Manager T~~~1°t-Ga~~-~e~ Gi°ett~s ~--C-abbe,--~i°te- 8.8.8• -S-e~errbpt Pr~e~ttre PFe~-yerl~,- Afe~-~Har~le--~9~96 1~b~1°t~- 5~~e-Pi°ee~ei°r~-~-Ge~re~a~-Cc~tti°ree~ Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 2. ARTICLE III. SECTION 1.A. SECTION 1. CHANNEL CAPACITY - SUBSCRIBER NETWORK A. The System shall be capable of providing at least 59 downstream channels, four fully activated upstream channels and a full-video information retrieval channel. The System shall provide access to information data bases with the capacity as detailed in the Offering. B. The System shall provide three tiers of subscriber service. Tier 1 shall be a 22 video channel universal service tier. Tier 2 shall be a 59 video channel Basic Service. Tier 3 shall be a 59 channel interactive service tier. L' 3. ARTICLE III. SECTION 3. SECTION 3. TWO-WAY CAPACITY [Amendment Agreement No. 1 already adopted] Grantee shall initially activate and thereafter maintain a two-way capable System (audio, video and data impulse). Grantee shall fully activate four upstream channels at the time of System activation. This will include fully interactive service capability supported by addressable, state-of-the-art equipment. J 4. S ARTICLE III. SECTION 4. SECTION 4. FACILITIES The Grantee shall construct, maintain and continue to provide all facilities and equipment set forth in the Offering including, but not limited to, the headend, hubs, distribution system, ~~t~~e~--eq~tr~~merr~ and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization, System performance, and maintenance of these facilities, including its plans for accomodating future growth and changing needs and desires, shall be fully and timely performed. 7 5. ARTICLE III. SECTION 5. SECTION 5. SPECIAL CHANNEL AND ACCESS REQUIREMENTS • A. Grantee will carry broadcast stations in accordance with FCC rules as from time to time revised. Br- 'I'lie-Ga~aerrrmerr~-aeees~e-el°rat°rrre~-gl°ra~~-19e-~eel~a~-ag-ate emergene~-a~err~e-el~anrre~-apera~-b~-G ~~~- E-B. Grantee will provide an audio/video emergency alert override system that will permit the interruption by designated City officials of all audio (including FM) and video programming instructing citizens where to switch €a-~l~e-Ga~errtxter3~ a~egs~-el~arrr~e~ f or emergency announcements . H-C. Grantee shall provide at least thirteen (13) channels for access use for the following uses: two (2) public access, an educational access, a government access, one (1) leased • access, a local origination access, a religious access, a ee~r~ar-e~€~$-e~rs-- vaamerr~e,--ar~el special needs access, a library access, a higher education, a community Zsr~~ate s-e~eel access, and two (2) public school district access channels (hereinafter "access channels"). All residential subscribers who receive all or any part of the total services offered on the System shall also receive all of said thirteen (13) access channels at no additional charge. All channels shall be activated upon System activation and thereafter maintained. Gra2°rtee-eka~~-ee€a19~~e1°r-rtrlee-a-rre~ rec~tr~a€~ane -~r~r -~e-Syetem -ae€~~atiez°r-€er-€lre -tree -e€ -a~eee9 cprar3r~rele-~lr~l~-eprall-be-aplsrevec~-lip=-C-itp -l~e€are 6. ntp ~exter3~a€ iarr -artc~ -~prerea€t er -s~lra ~ ~ -rre€ -19e - -a ~~erec~ -ems ame~ec~ ~~~l~etr~-a~~ra~a~-a€-G~~~---~i°r-pre~ar~~tg-etrel°r-rtr~eg- f~} Grarr~ee-el°ra~~-pra~~e-arr-eeftta~-e~par~tr~r~~~-€ar-rrse-e€ aeee~es~-eer~~eee- F~j- Grarrtee~~~~~-ecrrs~~er-ane'~ t~ge-~t-s~-l9ee~-a€€ar~-t-o m~~emerr~-neec~e-aes~eegmerrt~ ~re~arec~-19~-C~~~- f3-} '~pte l~rattrg-e€-egera~~arr-a€-~l~ree-aeees~g-s~~trc~ies~-s~~ra~~-19e ee~als~~~ 19~ mtr~tra~-agreeme~r~-a€-G~~~-er-~~s~-~c~ee~geee anti -Grarr~ee---Gl~atr3~ -et~l°r -ac~reemerr~ -i°ra~ -39e -reae~et~,--pre ratrre-a€-a~ere~iert-el°ta~~-lie--a~-a nt~i°r~mttm:-- Nfar~ap kratrc~lr-Fr~a~,--&~~~-a-m--tre~~~-grG6~-~-m-~ -S~a~trrc~a~- G-a-m--trn~~~~-fr~~9-~- m.-; -and-Gtrrn~a~-~~~~G-~-m--trrr~~~H- Grarr~ee~~~~-eam~~~,--a~-a-m~i°r~mttm,- ~t~~~r-~l~e- rec~tr~re~te~r~e-a€E~~~ -arn~ -~l~e -Beard -rta~ -er 1rerea€~er -ac~e~~ ec~ -er -e~et-erm ~~ret~ -b~Beams -rec~arc~~~rg -aeees~e -eka~trre~e - - -Gttel~ ~- rec~tt~renrert~e -a€ -~1 re C-~~~ -are -lierel9~ -made -a -~ar~ -a€ -~1~ ~e -erc~ ~-i° ra~rce -aa~ -~n~ ~ t~e l~re-€a~}-a~~ng~r~} Grai°r~ee-el~a~~,--fie-eke-e~te~rr~-a€-~k~e-G~ e-~em~e-a~a~~a}~~ee~ra~r}e~ -ea~ae~~~--~re~~e-t-e - eae~r -e€ -~~s~ -etrl9eer~l~ere v~l re -reee~~ e -a~~ -ar -a~r~ -~ar~ -- a€ -€k-e -~a~a~ -eerysaesa€€er~ -arr -€pre -G~s~t em ,- -reee~~ iare -ai°r -a~ - ~eae~ -aaes~~ee~a~~~ -c~ ee~grra~ -rra~°reammere~a~ -~tt19~~ -aeeees e~rai°ri°re~ -a~ta~~al~~e -€ar -tree -b~ -€ he -c~ei°rera~ -~trl~ ~ ~ -en -a re~-eeme,--i°ranc~~eer~nt~na~erp~ l~-l~ae~e; -a~-~eae~-erne s~ee~a~~~-c~eg~gaa~ ec~ - ec-~rrea~iarta~-att~h~ar~~3es~; -a~-~eae~-erne-epee~a~~p d~ee~grtatec~-aeees~-el~arrrre~-€er-~a~-ge~errrmer~€-trs~e; -a~el a€ -~eas~~ -atze -s~~ee€a~~y -e~es~ignated~ -aeeeee -el rarrrre~ a~a~~a191-e -€er -€eae€ -arr -a -€~re€ -eeme- -rrartc~ €s~r~m ~rtaterp lag ~ -l~p~ -eammer~ €a~ -ane~ -rreaeammere€a ~ -trs~ers~- - - (-'~l~re reeee~ ~ng -l~ere~rra€t er -re€errec~ -€a -ag -eke -~a~ees e'1°tal~l`le~s'~ ~- - -~trl~s~errl9ers~ -r?~P~~t~r~g -err~p~ -alarm -ep~s~€em s-er~iees~ -ar -arr~~ -c~a€a -€rai°rgm ~es~ia2°r -s~er~ ~es~ -€e~ eam~tt~er -aperat eel -€trn~e~iarrg -sl°ra€~ -l9e -e~em~€ -€rem -€1~ ~s ret~tr~remem€- D. The.City and its designee shall have complete and unrestricted access to the access channels however the Grantee shall have full responsibility for the maintenance repair, and technical performance of the cable and related active and passive electronics which carry said access • channels (excluding all equipment owned and operated by the City or the North Suburban Cable Communications Commission) The VHF spectrum shall be used for at least one of the specially designated noncommercial public access channels required unless specifically waived by City or its desi~nee- No charges shall be made for channel time or playback of prerecorded programming on access channels except the leased access channel which shall remain in the exclusive control of Grantee. Ps~p~-€eee-€er-rr9-e.-a€-~Strl~}.~_acces~e-41~a~~re~s s~pra ~~ -~e -eai°rs~.~et ei°r~ ~t~€1~ -€ke -gaa~ -o€ -a€€are~~ng -€l~e -ptrb~~ -a ava~-cee€-mearrs~-a€-€e~e~~eiert-aeeees~-- Pteeees--€ae~~~~~ee- ec~tr~pmerr€ -arn~ f-ar -el~ar~n-e~-~~me ~~~~ -be -made -a~ai-l-a~~e -to~ -~l~e J 8. L~ genera -ptrl9~ia--and -~}retrg -er -ine~~~~tra~ -ree~en€ -gin -C i€y -€e~ l~e -~rad~tre~i en -and f ~ar -eal~~eeae€~ne} -e€ -nene~emmere~a~ ragramm~rx~-€ree-a€-el~arge-cn-a-€~rg~-eeme; nene~~s~er~m~na~ar~ -19aeis- E. {-~} Whenever any of the access channels is in use during 80 percent of the weekdays (Monday-Friday), for 80 percent of the time during any consecutive three hour period for six weeks running, and there is demand for use of an additional channel for the same purpose, Grantee shall then have six months in which to provide a new specially designated access channel for the same purpose at no additional cost to subscribers. e} eke-rtr~eg-arm-rec~tr~a€ie~ra-eatal~~~a~rec~-by-tyre Grai°r~ee -ate -appra~ee~ -ley -C-~t~ -c~e~ern~~} -tl~}e a~eaa-e~ranne~g-s~l°ra~~-lie-€~~e~ ~~€1°r-€l~e-B~aarel l~~rr -g6 -c~ap~e -a€ter -ai°r~ -etre~r -el~arrrre~e -are ptr€-~n€a-trs-e- trl~eer~lSere-re~e~~t~nc~-pr~}ra~tte-epr-erne-ar-xtore spec ~a~-eer~i ee-clran~re~e -~~€~retrt-a~ee reeei~ing -~l~e -regtr~ar -sttl9scr~l~er -ser~~ces -may reeei~e -any -arre -speeia~~~ -c~es~}na~ed eempasite -ac eels -elra~ri°re~ -eampeset~ -e€ -~1°re pregramm ~rrg -en -aeeess -e~a~rne ~s- - ~1°r ~s campas~€e -clranne ~ -slra ~ ~ -riet -~r~e ~trc~e pragrammirrg -€rem -€kc -~easec~ -access -cl~arine~ -- Gtrbs~eril~ers -reeei~t~ng -ar3~y -alarm -sys€em s~er~i ees -er -ei°r~y -c~a€a -trartem ~ee~o~r -s-erv ~ ees 9. ar -eamgtrter -a~era€ec~ -€trre~i acre -el~a~~ -i°ra€ -be e~ttd~ee~-art-~l~~smet~tr~remerr~: S} '~lYe-~rarr~ee-gl~ra~~-eam~~~,--a~-a m~i°r~mtrm,- ~~€l~r-€l~re rec~tr~remerrt-e-a€-C~~~-anc~-Baarc~--mar-ar l~erea€~e~ a~e~t~-19~-C~~p~-ar-Bearerregarc~~nc~-~tr19~~ tree-e€ t-g -ec~~tt~pmerr~,- -~rre~tr~k~~g -l~rr~ -rre~ -~~m~ -fie -~l~e @~~at~~rtgr a} Grai°r~ee-gl=ra~~ ma}~e-reac~~~~-a~a~~a19~e-€e~ t~19~~-trs~e-a~-~eae~ m~rr~ma~-ec~tr~~me~r~-as g~a~ -err -O€€er~nc~ -meees~ear~ -€ar -eke 1~rac~tre~iarY-e€ ~rac~ramm~2°rg-ark-~~a~l~aclt-a€ rereearc~ec~ ~rac~rams~ -€ar -~1=re -s~sec ~a~~~ c~eg~grra~-rterr-eemmere~a~ ~trls~~c -aeees~s a~rartrte~.---Grarr€ee-ehra~~-a~s~a ~ta)te-reac~~~~ a~a~~al~~-e-tr~err-rreec~-19e~~g-epra~a,--~~te-m~rr~xttrm ec~tr~~mes€ -as~ -s€a€ec~ -~r3 -4€€er~r~} -rteeeeear~ -€e ma}~e~-~~ pas~s~19}-e-€a-reeerc~-lsrac~ra~re-a€-re~tte€e a~ier~rg ~~€1~ -19a~terg -a~era€ec~ -mar€ab €e ec~tr~pmert~ X19} P~eec~-~~~l~~rr-~l~e ~tearr~rn~-a€-€l~~s~-~arac~ra~l~ spra~~-lie-e~eterm~me$-b~ -s~trl~eer~l9er-~e€~€~-air.-- Sam-~e~~€3arrs mtre~-eez°r€a~r3-€~e-e~g~a€trree-e€ a~ -~eas~~ -~~ -gereei°r~ -e€ -€ke -grrl9s~er~l9ere -a€ G~s~t-em,--l~tr~-~~°r-rra-ease mare-€~rarr-5~9~-rra~ e~er -€l~art -~~~ -s~}2°ra€trres- 10. C -,/ ARTICLE III. SECTION 8. SECTION 8. INTERCONNECTION The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview shall be completely interconnected. Grantee will comply with all present and future laws rtr~eg--regtx~a~~ai°t~-a~-er~ers~-a€-€ke-Bearel regarding interconnection of systems, and will cooperate with any agencies or utilities involved with interconnection. At such times as interconnection is required, Grantee shall accomplish this without additional charge to subscribers. System shall be initially constructed so that other systems now'or hereafter constructed in any area adjacent to System or within the metropolitan area (if technologically feasible) may be interconnected with System upon request of City and agreement with other System's Grantor and Cable Company. If Grantee owns geographically contiguous systems they shall be interconnected with System upon request of City in all situations and to such extent such interconnection is technically and economically feasible. Grantee shall interconnect channels designated by City with channels of other systems in all cases in which other system(s) indicate in writing a desire to provide an adequate share of facilities and budget for such interconnection. In any event, both parties to this agreement desire interconnection of the system to the greatest extent of technical and economic feasibility. 11. ARTICLE III. SECTION 10. SECTION 10. REGIONAL CHANNEL The standard VHF Channel 6 is hereby designated for uniform regional channel usage. I~e~e~er--trrr~~~_~l~e_rec~~clla~-elra~°rrrel becemee-a~e~a~~~ra~--G~a~rt~ee m2r~-tr~~~~a-e-~1°re-g~ar~arc~ ~F-Cl~a~r~el ag-~~-t~eexte-ag~ra~z•~ate- Use of time on the regional channel shall be made available without charge. J 12. 3 ARTICLE V. SECTION 3.B. [Amendment Agreement 1, already adopted) i• SECTION 3. CONSTRUCTION TIMETABLE B. Within ninety (90) days after obtaining all necessary permits, licenses, certificates and authorizations, Grantee shall give written notice thereof to City and commence construction and installation of System. Grantee shall have constructed all areas of the initial service area which contain dwelling units on or before November 12, 1984 so that persons along the route of the energized cable will have individual "drops" as desired during the same period of time. L' 13. ARTICLE VI. SECTION 4.E.(4) L 4) Topics which may be discussed at any evaluation session may include, but not be limited to, service rate structures; franchise fee; penalties; free or discounted services; application of new technologies; system performance; service provided; programming offered; ea~~~~~~~-a-ece~~; a~'ar~g~~a~iart; customer complaints; privacy; amendments to this Franchise; judicial,--B~az~ and FCC rulings; line extension policies; and Grantee or City Rules. 14. L -/S ARTICLE VI. SECTION S.B. SECTION 5. FRANCHISE RENEWAL B. Grantee may be approved, and this Franchise or modification to it may be renewed, by City in accordance with then existing rules of the FCC, the Bazrrel State of Minnesota, the City and all other applicable laws, ordinances, rules or regulations. 15. ARTICLE VIII. SECTION 4.C. For failure to provide proposed the Services Grantee hasimplefien, including but not limited ttat' ° the channels a.~ on and the utilization of theekeme}t~ access ec~tr~ ~ -`~~`a'i'}a19~e -~~ -~~ ~~ - the I9me~~. _a,~a~I~~_~a~}-~~~~.9._ andwiththeResol cOm lianceutiphTr~.._,. Central and ~ u ~ a Cable TV NorthAmendment shall A reement No,be Five Hundred 2, the penalty for each da Dollars ($500.00) eY, or Part P r daYthereof, such failureorcontinues,occurs I L 16. ARTICLE VIII. SECTION 5.A. SECTION 5. BONDS n A. At the commencement of this Franchise, and at all times thereafter until Grantee has liquidated all of its obligations with City, Grantee shall maintain with City a bond in the teal sum of F~~e-I~tr~reel Fifty Thousand Dollars 500,000.00) ($50,000 00) (which shall be replenishable and increased to Two-Hundred Fifty Thousand ($250,000.00) in the sole discretion of City) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by Grantee and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys' fees and costs (with interest at two percent (2%) in excess of the then Prime Rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City or any public property, and taxes due to City, which arise by reason of the construciton, operation, maintenance or use of the System. 17. ARTICLE IX. SECTION l.B.(2)(d) c~} ~€-Board-a~ra~aea-a€-€~re-ae€~arr-a€-C~€~,--€~e Frariel~~ae-al~a~~-term~2°ra€e-~mmec~~a~e~~ ---~€ -Bearel c~~ea~~ra~es~-a€-~l~e-a~€~-ai°r -e€-C ~-~~,--eke-Brar~l~r~ee el~a~~ -rema~rr -~~r -€tr~~ -€aree -arn~ -e€€ec € -€ar -~1°re -€tt}} germ -l~erea€ -ttrt}~eee -eearrer -€erm~~ra€ec~ -err -a-eearc~a~e u~~~pr-€~e ~ra~~e~arre-lgerea€,--ar-a~s~~~calg~e-~a~-ems rtr~ea-a€-Baarc~- C, 18. L `~ ARTICLE IX. SECTION 1.B.(2)(d) Baarc~-a~reFtes~-a€-~1re-ae€~a2°r-a€-C ~~~,--€pre Franc-lr~ee-e~ra~~-t-erm~rra~e -~mmec~~a€e~~---€€-Baarel c~~ea~prs~ee -e€ -~l~e -ae~ ~ai°r -e€ -C ~€~ ,- -€l~re -Frane~r~s~e e~ra~~ -rema ~n -gin -€tt~~ -€eree -anc~ -e€€ee~ -€er -€l~e -€t~~~ ernr preree€-rrrr}~eee-eee~rer-€ernt~r3a€ec~-€rr-ae~erc~a~e lr-eke-~re~~eiez°rs~ kerea€,--ar-a~~s~~ca}.~~e-~a~-e~ rtt~ee-e€-Baarc~- 19. ARTICLE XIV. SECTION 2.C. C.The Offering shall be permanently kept and filed in the Office of the City Clerk and the originals or reproductions thereof shall be available for inspection by the public during normal business hours. Pr~ea--€rre-G~ar3€ee map etrmmar~~-e -~l~~e -c~€€er ~r3g -err -a marrrrer -ae~ep~al9~e -~a -C ~€~ -ar e~rat~ttc a -€~re -ear€~~e -4€€er~ee},- -ate -el=ra~~ -l~a~e -e~~lrer~ -a€ -€~e a~~erHt~rn~ -~aea~~ai°ts~ -~1`t -€el~ -€a~}-s~~r~g -c~tra~€~~~ee~ F~} O€€~e-o€-tke-~~€~-C-~e~}e---~-ealg~`: At~~t~~r~e~~a~er-c~eg~grra~ec~-~i°r-~l~~e-F~artel°r~ee---~-cc~i~~`'; 3-} Pttb~~e-~~)sra~ies~---~-ea~p~-eael°r; O€€~c a -e€ -€l~e -C ~€~ Ps~t-errre~ - -~ --ea~~ f~} I~ameep-anc~-Ile~ti°re~~~r-Gatrrr~p~-~ar,~-b~l~ra~3ee--~-ea~~-eaelr; f6} ~aea~-a€€~e-a€-Gr~arr~ee---~-ee19~`~ O€€wee-o€-ai°r~-Se~raa~-H~s~~~ie€-err-G~€p~---~-ea~s~~ Nf~eries~a€a-C-al9~e-Ca~trmttrt~a€~et°re-Boa~- 20. Conasnt Yclicy X CITI OF YALCO:~ ~ZGHTS QUEST YOR COU?iCIL CO235ID~ATIUN da Items: F-4 2~atiag Daiz;12/12/90 IT': DESCRIPTION: SCHEDULE COUNCIL WORKSHOP TO DISCUSS FUNDING OPTIONS FOR FALCON HEIGHTS/ROSEVILLE JOINT COOPERATION SUS2iITTEJ BY: Uhirley Chenoweth REDIE~ BY: PLANATION/SiJ*2SARY (attach idditioaal s~zets as necessary): At the November 28, 1990 Council meeting, Council agreed it would be advisable to hold a Council Workshop prior to the Joint Workshop ith the. Roseville Council on January 7, 1991. Since this is theastCouncilmeetingin1990, the workshop should be scheduled at this time in order to accommodate a meeting prior to the January 7 date. . AC?ION XEQIIES?ED: Schedule Workshop CITY OF FALCON HEIGHTS CITY COUNCILJOINTSWORKSHOPTE COMMISSION December 12, 1990 DISCUSSION ITEMS 1. Recycling Update - Progress on Goals and Participation - 2. Ideas for Encouraging Use of Recyclables and Recycling Brainstorming 3, Commercial Recycling 4. Mandatory Recycling 5. Integrated and/or Organized Collection Options 6. Grants for Special Projects 0 rn~ 1-c--~r~-.._....--.~^'~•+~'.t-T--<_z_'_,._..--r yr--.t--!^-r -.-~~r-'t t •~t ! 1 ~s t__r_'-_'_~_<"_'~-~;-rr, r.;T-<-r, !--~•-~-rr--•"_c-s--~-Z~-!rn-!-•c-rr~r~•-<•- r-r A T l 4~rry' ~)4~<_ j J j S 3 { 1 ^T!'TAG'_"~C,TrTT_C~t~~i~~\~~~Y~rY~T~T T~L. i -~ /1 C 13a. _..__..~. ~_ f ~ ~~frZ.,1-_L..rT~_!'~rY~r_ __.t_'TTT_~!!~'~__r-v~~.e 1 ) ~tTT-c-r,Tt-c~;-~r-<-T^r,-~-t~-S-••~;-z-'li-_r Gt J'-1<3S- L1_~.t a ~-.~ -1 gal l t--.-~-~-r-t•-.•-t-c~r•~ t v _.a _. S.. - fib`;-c-•r`-"_f <..,1$:.i ti t nJ,);.1 i t t`I o ~ ' rn 1~ /fit t, 'T'T'_?"-S"-S_-Y_5...~._.~'._'C.~;T_r.~~_T_.C-T-.C..'-C-T'_l'_•:-•:-_C'_'c__'u~ i-- f s # c_ r ~~`+ -"~ imot a t T r..u.. ,' ~~'c t L. a - r ~,~ it- - ~ ~ LL r- ~ t ~ f ~ '•.s ~y~ f y ~_3 1 I ~ i.. t^~ S~_I__ ,. f I f i s:"s.~i. 1 s-i ~o V' ! 1 \• f-L + t t t + 0 i..1~`? ~s3 L t+,YY1`v J 2 v t1 S ~ i .~=, i t,.Jt S^ s i~ ii U i i o ~ i ~.i~. N r e p V;~,=;<t:.f its 1~ .y., n ~ n~ ~ lmay--i I~ tC t~tl i r1 J j 1a-~r l0 ~ L'~.~.Yi ~.Rf .--1 r_ s-i 3 ~s N 3iiiioEs= t L i t_.+i +. i O E O Z ~T U r6 ~ t lr 4'~~p s j;C L 1 ~ i'n'p 7 r.. P.. U J S- 0lfz Y.. ; f'i i ~d- tt kt <+N 1 r M ~ vy rt ~"~ b i'r-r~'t ~ ~U 3 'f tt 3 i':.~ 1_ r-c--c•'-i-e--i .-r••r-rrr-•-•;~ T, c~-c^r-c-c~ -cam .~-S~ i_. 1 z--c-c_._r.-t'-'t-e--~-<-T-'c-r, c.-z:-:-r-^t-'mac,-~t'-~ c--ir-c-c-mom-cam ~ - mot- _-~--~~'~-T-C-~•--~~_ _ ~T~~~~~ _- _- y T~\T~~Y~TTTT-rr'T, C~1~TT~Z~-l~i~~'1: ~5~"^~L~Y~~C,~Y'~ `_ t •. ."a~~_ • •_._:a__~._a_a_ f, __ f^ rJ i 7-_ t- - ~ ~_~_•-~_~_ r--~" _ f-c-r--c-~-T-c-s--z-s---e--~c-t;-ter-+ ti ~~ i- 1 t t t t t ei- >s^ S tom]t f Item 5 L RATE COMPARISON ORGANIZED COLLECTION RATES/AVERAGE RATES IN FALCON HEIGHTS MONTHLY CHARGES Little Canada White Bear Lake* 30 gal 10.22 1.94 recycling =12.16 30 gal 8.91 60 gal 12.02 1.94 recycling =13.96 seniors) 90 gal 13.38 1.94 recycling =15.32 30 gal 11.25 Over 90 17.00 1.94 recycling =18.94 60 gal 12.97 90 gal 15.39 Fee includes recycling & yard waste collection. Fifty percent of revenue from sale of recyclables comes back to the city -approximately $1,500/month Falcon Heights (Open Hauling) Based on average residential haulers charges 30 gal $13.50 + $1.53 recycling $15.03 60 gal 16.00 + 1.53 recycling = 17.53 90 gal 19.00 + 1.53 recycling 20.53 Some have a $1.00 senior discount North St. Paul** 1 30 gal can $ 8.85 3 30 gal cans 12.69 5 30 gal cans 17.41 Fee includes recycling