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HomeMy WebLinkAboutOctober 2, 2000 Work SessionCITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Please note: City Hall Phone Numbers have changed, New numbers are: Main Number (763) 706 3600: TDD (763) 706 3692 w~ 'w ci, oolumbia-he~ehts mn us ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a work session Is to be hem in the CITY OF COLUMBIA HEIGHTS As follows: Mayor GaO' L. Peterson Councilmembers Donald G. Jolly Marlaine &urek Julienne bi~,ckoff .lohn Hunter City Manager Walt Fehst Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL OCTOBER 2, 2000 8:00 P.M. CONFERENCE ROOM 1 WORK SESSION A GENDA Consent Items 1. Certification or Approval of Tax Capacity Rates Discussion Items 2. 3. 4. 5. 6. Agreement for Single Family Mortgage Refunding Bonds BRW Proposal for Urban Design Service for Central Avenue BRA proposal for additional flood mitigation study areas Installation of 24" gate valve at Station #3 Clean up of XXX 47th Avenue Other Business The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CITY COUNCIL LETTER AGENDA SECTION: NO: ITEM:RESOLUTION APPROVING A TAX RATE INCREASE NO: MEETING OF: October 9, 2000 ORIGINATING DEPT: FINANCE BY: WILLIAM ELRITE DATE: 09/29/2000 CITY MANAGER APPROVAL BY".,~/'~~ The 1999 Minnesota Laws have added another step and requirement to the City's annual budgeting and levy process. Under the previous law the City was required to adopt a preliminary th budget and levy prior to September 15 and certify that to the County Auditor. The law further required the City to hold a Truth in Taxation hearing prior to December 20th and to adopt and certify a final budget and levy to the County Auditor on or before December 26th. The 1999 laws add another step to this process that requires the City to hold an additional public hearing and to adopt a resolution prior to October 20th stating that there will be a tax rate increase. This is slightly different than the resolution that is required to be adopted prior to September 15th in that that resolution certifies the dollar amount of the levy increase. This resolution simply states and certifies that there may be a tax rate increase. In discussing this with the Anoka County Property Records & Taxation Department, these have to be two separate resolutions adopted at two separate time periods, However, the second resolution, as with the first resolution, is preliminary in the fact that at our Truth in Taxation hearing, the levy can be reduced, which would result in a rate reduction. It should also be noted that in the rate increase resolution we do not have to state what the rate will increase to, only that we may have a rate increase. Without adopting this resolution, our tax rate would be frozen at 26.7738% as certified to us by Anoka County on September 25th. In summary, the attached resolution simply allows us to increase our levy limit to the amount that was proposed in Resolution No. 2000-60. ACTION NEEDED: The Mayor should open the public hearing regarding a tax rate increase and request comments from staff and the public. After comments are received, the public hearing should be closed. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-?0 as adequate copies are available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2000-70 being a resolution approving a tax rate increase. WE:sms 0009291COUNCIL COUNCIL ACTION: RESOLUTION 2000-70 RESOLUTION APPROVING A TAX RATE INCREASE FOR THE YEAR 2001 WHEREAS, the State of Minnesota has enacted Chapter 243, Laws of Minnesota 1999, Article 6, Section 2 requiring a city council to have adopted and filed an authorizing resolution if its city's tax rate turns out to be higher the following year than a theoretical tax rate for the previous year under the law; and, WHEREAS, the City of Columbia Heights prides itself on beginning its budget process as early as possible in the calendar year in order to maximize input by all concerned parties and allow full review of all expenditure items; and, WHEREAS, there are numerous factors that are beyond the control of the City Council and that can potentially cause tax rates to rise, including but not limited to: A. Class rate changes by the state on various types of property B. Limitations on what percentage the market value of property can rise each year as set by the state, and C. Unfunded mandates upon local governments and reductions of federal and state aid; and, WHEREAS, regardless of external factors influencing the tax rate through the years, the City of Columbia Heights has a strong tradition and a record of success in holding down property taxes on the citizens of Columbia Heights; and, WHEREAS, Columbia Heights' property tax levy has been set each year well within the levy limitations imposed by the State of Minnesota; and, WHEREAS, even during those years when the state has not enacted levy limitations, the City of Columbia Heights has had its own self-imposed levy limitations to protect the interests of the city's property taxpayers: NOW, THEREFORE, BE IT RESOLVED that if the tax rate of the City of Columbia Heights for the year 2001 is higher than the tax rate certified by the county auditor under clause (3) of Section 2, Article 6, Chapter 243, Laws of Minnesota 1999, the higher tax rate is hereby authorized by the City Council of the City of Columbia Heights. BE IT FURTHER RESOLVED that regardless of outside factors impacting tax rates, the City Council of Columbia Heights remains firmly committed to the delivery of mandated and other important services at a cost well within established levy limits in order to hold down property taxes of the citizens of Columbia Heights. BE IT FINALLY RESOLVED that an official copy of this adopted resolution be filed with the county auditor. Adopted by the City Council this 9th day of October, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 0009291COUNCIL C OUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 FAX (612 ) 323-5421 September 25, 2000 To: Mr, Bill Elnte Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 · Property Assessment · Property Records and Public Service · Properly Tax Accounting and Research Re: Levy Certification Tax Rate Pursuant to MN Laws 1999, Chapter 243, Article 6, Section 2 as amended by Laws 1999, Chapter 249, Section 21 (M.S. 275.078), I certify that: (1) theCityofColumbiaHeights'scertifiedlevyundersection275.08fortaxespayablein2000 (line 3), excluding any amount levied to pay general obligation bonds (line 4), less (i) the areawide portion of the levy under section 276A.06. subdivision 3, or 473L08, subdivision 3, if any, for taxes payable in 2001 (line 6); and (ii) the sum of the net tax capacity adjustment amount (line 7) and the HACA net tax capacity and fiscal disparities adjustment amounts (line 8 & 9) under section 273.1398, subdivision 2, if any, for aids payable in 2001; is the amount shown as "Net Levy" on line 10 on the attached Exhibit A; (2) the City of Columbia Heights's taxable net tax capacity for taxes payable in 2001 is the amount shown on line 11 on the attached Exhibit A; and (3) the tax rate obtained by dividing the amount in clause (1), "Net Levy" on line 10 on the attached table, by the amount in clause (2), line 11 on the attached table, rounded to the nearest hundredth percent is the amount shown on line 12 on the attached Exhibit A. If the city council intends to impose a "levy certification tax rate" for all purposes other than general obligation bonds at a rate higher than the rate certified above; the city council must first hold a public hearing on the tax rate increase, adopt a resolution approving the tax rate increase. and file a copy of the resolution with the county auditor on or before October 20. 2000. The resolution does not have to specify the amount of increase in the rate. h only has to affirm that the rate will increase. If you have any questions regarding this letter, please contact me at (763) 323-5435. Edward M. Treska Anoka County Auditor Deputy Affirmative Action / Equal Opportunity Employer County/City with a population over50d Payable 2001 City of Columbia Heights 1 Certified Net Tax Capacity Levy 2 Certified Referendum Market Value Levy 3 Total Certified Levy (1+2) $3,295,956 $3,295,956 4 Certified Levy for General Obligation Bonds $0 5 Total Certified Non-Debt Levy (34) $3.295.956 6 Payable 2001 Fiscal Disparity Distribution Tax $930,332 7 Total Fiscal Disparity Adjusted Non-Debt Levy (5-6) $2,365,624 8 Payable 2001 HACA Net Tax Capacity Adjustment $0 9 Payable 2001 HACA Fiscal Disparity Adjustment $0 11 Payable 2001 Taxable Net Tax Capacity $8,835,591 12 Levy Certification Tax Rate (10/11 ) 26.7738% NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council for the City of Columbia Heights will conduct a public hearing in the City Council Chambers of City Hall, 590 40th Avenue N.E., at 7:00 p.m. on Monday, October 9, 2000. The order of business is as fellows: Minnesota Laws 1999, Chapter 243, Article 6, Section 2 requires the City of Columbia Heights to adopt a resolution approving that there may be a tax rate increase for property taxes payable in the year 2001. This hearing will be an opportunity for the general public to generate input into this resolution. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. City Council CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager 0009291COUNCIL CITY OF COLUMBIA HEIGHTS Meeting of: October 9, 2000 AGENDA SECTION: NO: ITEM: Approve Assignment and Assumption of Administration Function Agreement for Single Family Mortgage Revenue Refunding Bonds. ORIGINATING DEPARTMENT: Comrnunity Development BY: Kenneth R. Anderson DATE: September 25, 2000 CITY MANAGER APPROVAL BY:/d~,~ ISSUE STATEMENT: This is a request to transfer responsibility for administration of the Single Family Mortgage Revenue Refunding Bonds, Series 1992A between the Cities of Brooklyn Center, Moorhead, Robbinsdale EDA, and Columbia Heights. This request is to transfer the responsibility for administration of the program from Miller and Schroeder Financial, Inc. to Firstar Bank, N. A. BACKGROUND: The City of Columbia Heights issued bonds jointly with the City of Brooklyn Center, Moorhead and Robbinsdale Economic Development Authority. As part of that bond issue, Miller and Schroeder Financial, Inc. was designated to act as the program administrator. Miller and Schroeder is proposing to transfer responsibility for administration of this program to Firstar Bank. The proposed transfer requires the consent of all the parties to the bond financing. RECOMMENDATION: We are recommending the City Council approve the proposed transfer of administration responsibility to Firstar Bank, N.A. and that the City Council authorize the City Manager to enter into an agreement for the same. RECOMMENDED MOTION: Move to approve the Assignment and Assumption of Administration Function Agreement between Miller and Schroeder Financial, Inc. and Firstar Bank, N.A. for the Single Family Mortgage Loan Program issued by the City of Brooklyn Center, City of Columbia Heights, City of Moorhead, and Robbinsdale Economic Development Authority; and furthermore, to authorize the City Manager to enter into an agreement for the same. Attachments COUNCIL ACTION: H:\Consent\Single Family Mrtg Loan transfer DATE: TO: FROM: CITY OF COLUMBIA HEIGHTS AUGUST 14, 2000 KEN ANDERSON COMMUNITY DEVELOPMENT DIRECTOR MULTI-CITY SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS OF 1992 Attached herewith is information and a proposed contract in relationship to the Single Family Mortgage Revenue Refunding Bonds Series 1992A between the cities of Brooklyn Center, Moorhead, Robbinsdale, and Columbia Heights. The documents indicate that Miller & Schroeder Financial, Inc. is transferring responsibility for administration of the program to Firstar Bank, N.A. As this is an item that was handled and initiated by the Community Development Department, I am forwarding the entire document to you for processing. On the surface, it appears that at a minimum the new contract needs to be signed and returned to John Clarey at Miller & Schroeder Financial, Inc. Once this is done, I would appreciate it if a copy could be sent to Patty Muscovitz for filing in the central file. If I can be of any further assistance to you in this endeavor, please let me know. WE:SmS 0008143CD Attachment c: Patty Muscovitz, Deputy City Clerk Walt Fehst, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Atm: Brad Hoftinan City of Columbia Heights 590 40m Avenue NE Columbia Heights, MN 55421 Atm: William Elrite U.S. Bar~ Trust National Association 180 East Fifth Street Saint Paul, MN 55102 Arm: Diane Reynolds City of Moorhead 500 Center Avenue P.O. Box 779 Moorhead, MN 56561 Attn: Kaye Buchholz Robbinsdale Economic Development Agency 4100 Lakeview Avenue North Robbinsdale, MN 55422 Arm: Marcia Click Re: $5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Authority Bonds), $1,310,000 Series 1992 B and $335,000 Series 1992C Ladies and Gentlemen: As you know, Miller & Schroeder Financial, Inc. (or a wholly-owned affiliate - together, "M&S") is presently acting as the Program Administrator for the mortgage revenue bond program (the '~'rogram") financed by the above-captioned bonds (the '~Bonds"). You already know that M&S proposes to transfer responsibility for administration of the Program to Firstar Bank, N.A. C'Firstax"), and for that purpose M&S has entered into an agreement with Firstar under which the "Administration Function" (the duties and obligations involved in administering the Program on your behalf) will be transferred to Firstar. Under the Amendment to Program Administration and Servicing Agreement, the transfer of the Administration Function requires the consent of all of you. The purpose of this letter is to formally request that you approve the proposed transfer. Enclosed are the Master Contract for the Transfer and Assignment of Program Administration between M&S and Firstar, together with a form of Assignment and Assumption of Administration Function for the Program financed by the Bonds. Both the Master Contract and the Assignment and Assumption have been executed by M&S and Firstar. A space is provided on that form for your consent and approval. 1968486vl 1 Legal counsel for both M&S and Firstar, and Leonard, Street and Deinard, have reviewed this matter. Leonard, Street has concluded that the proposed transfer of administration responsibility will not require any amendment to the Amendment to Program Administration and Servicing Agreement or the Indenture, nor will the transfer adversely affect the tax-exempt status of the Bonds. You should be aware that under Section 3.3 of the Master Contract, it is necessary for the transfer of 75% of the Assignments and Assumptions to be appmved before the transfer as to any Program become effective. We ask, therefore, that you expedite your consideration of this matter. If you have any questions, you should feel flee to contact John Clarey at Miller & Schroeder Financial, Inc. (612) 376-1351 or Marcia Johnson at Firstar Bank, N.A. (952) 814~3400. Please deliver three (3) copies of your executed consent to either of those two individuals. Yours very truly, MELER & SCHROEDER INANCIAL, INC. / / 1968486vl 2 No. 1 ASSIGNMENT AND ASSUMPTION OF ADIVHNISTRATION FUNCTION Miller & Schroeder Financial, Inc. CM&S'') hereby assigns and transfers to Firstar Bank, N.A. ("Firstar") all of those duties and obligations comprising the "Administration Function" (as defined on Exhibit A hereto) with respect to the single family mortgage loan program (the '?rogram") financed by debt securities, namely the $5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Authority Bonds), $1,310,000 Series 1992B and $335,000 Series 1992C (the "Bonds") issued by the City of Brooklyn Center, the City of Columbia Heights, the City 'of Moorhead and the Robbinsdale Economic Development Authority (collectively, the "Issuer") pursuant to that certain Indenture of Trust dated October 1, 1992 (the "Indenture") by and between the Issuer and U.S. Bank Trust National Association as successor to First Trust National Association (the 'Trustee"). The Administration Function for the Program is provided for in the Program Administration and Servicing Agreement, as amended by that certain Amendment to Program Administration and Servicing Agreement dated as of October 1, 1992 (the "Program Agreement") by and among Knutson Mortgage Corporation, the Issuers and the Trustee. Knutson Mortgage Corporation subsequently assigned the Administrative Function to Miller & Schroeder Financial, Inc. The Administrative Function is defined on Exhibit A attached hereto. Firstar hereby accepts assignment and transfer to it of all of the duties and obligations comprising the Administration Function under the Program Agreement. This Assignment and Assumption is entered into pursuant to the terms and conditions of that certain Master Contract for the Transfer and Assignment of Program Administration dated as of August 1, 2000 (the "Master Contract") by and between M&S and Firstar, a true and correct copy of which is attached hereto as Exhibit B. All terms capitalized but not othenvise defined in this Assignment and Assumption of Administration Function shall have the meanings assigned to such terms in the Master Contract. This Assignment and Assumption shall be effective as of the later of the date (a) on which this Assignment and Assumption is consented to and accepted by the Issuer, the Trustee and the Servicer named above or (b) specified in Section 3.3 of the Master Contract. MILLER & SCHROEDER FINANCIAL, INC. 1968486vl 1 Dated: FIRSTAR BANK, N.A. 1968486vl 2 Dated: CITY OF BROOKLYN CENTER, MINNESOTA By Its Dated: CITY OF COLUMBIA KEIGHTS, MrNNESOTA By Its Dated: CITY OF MOORI-EAD, MINNESOTA By Its Dated: ROBBINSDALE ECONOMIC DEVELOPIVlENT AUTHORITY By Its Dated: U.S. BANK TRUST NATIONAL ASSOCIATION By Its 1968486vl 3 The foregoing Assignment and Assumption is hereby consented to and accepted. The undersigned Servicer further acknowledges receipt of a copy of the Master Contract and agrees to abide by the tenns hereof with respect to payment of fees and other matters relating to the Servicer and Firstar (as successor to M&S). TEMPLE-INLAND MORTGAGE CORPORATION Dated: By Its 1968486vl 4 EXHIBIT A ADMINISTRATION FUNCTION Administration Function: All of those duties under the Program Agreement relating to the administration of the Program, other than those included in the Servicing Function, including: monitoring and reporting to the Issuer and the Trustee with respect to the origination of mortgage loans; review of mortgage loan files for compliance with origination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance reports; monitoring of and supervision of loan pay-offs; assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and action in connection with mortgage bankruptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with tax-exempt bond requirements, where applicable; cooperation with the Trustee and Issuer with respect to administration of the Program; enfomement of the obligations and duties of the servicer(s) of the mortgage loans made or purchased pursuant to the Program; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function (as defined in the Master Contract). 1968486vi 5 Dated: CITY OF BROOKLYN CENTER, MINNESOTA By Its Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its Dated: CITY OF MOORHEAD, MINNESOTA By Its Dated: ROBBINSDALE ECONOMIC DEVELOPMENT AUTHORITY By Its Dated: U.S. BANK TRUST NATIONAL ASSOCIATION By Its 1968486vl MASTER CONTRACT FOR THE TRANSFER AND ASSIGNMENT OF PROGRAM ADM12',FiSTRATION by and between MILLER & SCHROEDER FINANCIAL, INC. and FIRSTAR BANK, N.A. Dated as of August 1, 2000 This agreement drafted by: Leonard, Street and Deinard Professional Association 30 East Seventh Street, Suite 2270 St. Paul, Minnesota 55101 THIS MASTER CONTRACT FOR THE TRANSFER AND ASSIGNMENT OF PROGRAM ADMINISTRATION is made and entered into as of the first day of August, 2000, by and between MILLER & SCHROEDER FINANCIAL, INC., a Minnesota corporation, on behalf of itself and its ~vholly-owned affiliates (together, "M&S") and FIRSTAR BANK, N.A., a national banking association ("Firstar"). RECITALS: A. M&S is presently the duly qualified and acting mortgage banker providing administration services with respect to various public mortgage bond programs; and B. M&S wishes to assign and transfer the Administration Function (as defined herein) with respect to each such program to Firstar; and C. Firstar is willing to accept assignment and transfer to it of the Administration Function with respect to each such program, and is qualified under the agreements and other documents relating to each such program to undertake and perform the duties and obhgations comprising the Administration Ftmction with respect to each such program; and D. The current senricer for each program will retain the Servicing Function (as defined herein) with respect to each such program; and NOW, TEEFOE, in consideration of the mumaI promises and agreements made herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, M&S and Firstar agree as follows: ARTICLE I DEF12NITIONS For the purposes of this Agreement; the following terms, whenever capitalized in this Agreement, shall the meanings assigned to such terms of this Article L Administration Fee: With respect to each Program, the amount to be remitted by M&S to Firstar, or paid directly to Firstar, as Firstar's fee for performing the Administration Function, all as further provided in Sections 4.1 and 4.2.. Administration Function: All of those duties under each Program Agreement relating to the administration of each Program, other than those included in the Servicing Function, including: monitoring and reporting to the Issuer and the Trustee with respect to the odgination of mortgage loans; review of mortgage loan files for comphance with origination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance 19523~0vl reports; monitoring of and supervision of loan pay-offs, assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and actions in connection with mortgage bankruptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with tax-exempt bond requirements, where applicable; cooperation with each Trustee and Issuer with respect to administration of each Program; enforcement of the obligations and duties of the servicer(s) of the mortgage loans made or pumhased pursuant to each Program; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function. Assignment and Assumption: With respect to each Program and the related Program Agreement, the Assignment and Assumption of Administration Function relating thereto, each of which shall be in substantially the form of Exhibit A hereto. Issuer: With respect to each Program, the political subdivision or public body, corporate and politic, which has issued debt securities for the purpose of making or purchasing mortgage loans which are th~ subject of the related Program Agreement. Program: The program of making or purchasing residential single-family mortgage loans undertaken by each Issuer. Program Am-cement: With respect to each Program, the agreement by and between the Issuer and/or Trustee and M&S providing for the Administration Function with respect to that Program; if the Administration Function is provided for in a separate agreement from that which provides for the Servicing Function, "Program Agreement" shall be construed to refer ordy to such separate agreement; if the Administration Function and Servicing Function are provided for in one agreement, "Program Agreement" shall be construed (unless the context herein requires otherwise) to refer only to the provisions of such agreement which provide for the Administration Function. Setricer: With respect to each Program, the current servicer idemified on Exhibit A hereto. Servicino. Fee: That portion of the total fees paid to the Servicer under each Program Agreement which will be retained by the Servicer pursuant to Article IV hereof as its compensation for its performance of the Servicing Function for the related Program. Servicin~ Function: A/I of those duties and responsibilities which are normally and customarily part of the function of servicing single-family residential mortgage loans for each Program, including without limitation: collection of regular monthly principal and interest payments and remittance of those payments, net of servicing compensation, to the holder of the mortgage; collection of monthly insurance premium and real estate tax payments (if required by the mortgage) and maintenance of the escrow accounts for those payments and remittance of the tax or insurance premium payments to the payees thereof; providing regular reports to the mortgage holder and the mortgagor as required by law or by the applicable Program Agreement; monitoring and keeping in force required insurance (both hazard insurance on the property and mortgage insurance, if applicable); monitoring delinquencies and contact with mortgagors to cure delinquencies to arrange payment plans; initiating or recommending initiation of foreclosure proceedings; retention of legal counsel and prosecution of foreclosure or other enforcement actions 1952350vl 2 to completion; filing of primary mortgage insurance or guaranty claims, if applicable; marketing and sale of properties acquired in foreclosure; maintenance of books and accounts both for individual mortgage loans and for all mortgage loans serviced and reporting with respect thereto; and other functions necessarily related to the foregoing, but excluding those functions, duties and obligations included in the Administration Function. Trustee: The corporate trustee or other fiduciary appointed by the Issuer with respect to the debt securities issued by the applicable Issuer to finance the applicable Program. Any terms capitalized, but not otherwise defined in this Agreement, shall have the meanings (a) generally understood for such terms in the mortgage banking industry, or (b) assigned to such terms by generally accepted accounting principles, as applicable to the mortgage banking industry. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of M&S. M&S hereby represents and warrants to Firstar as follows: (a) M&S is the duly appointed and .acting administrator with respect to each Program listed on Schedule 1 hereto; and has full power and authority with the consent of the Issuer and/or Trustee (where required) to assign and transfer the Administration Function with respect to each Program to Firstar. (b) M&S is a corporation duly organized and existing under the laws of the State of Minnesota, is duly authorized to conduct its activities in all states where its activities require such authorization, has the power to enter into this Agreement and any other instruments or documents required to be executed in connection herewith, including specifically the Assignment and Assumption with respect to each Program. - (c) M&S is presently performing all of the duties and obligations comprising the Administration Function with respect to each Program, and, except as disclosed to Firstar, neither the Issuer nor the Trustee for any Program has declared that M&S is in default of its obligations under the applicable Program Agreement, nor, except as disclosed to Firstar, does any event or condition exist on the date of this Agreement which, but for the giving of notice or the passage of time, would give rise to a material default on the part of M&S under any Program Agreement. (d) The execution and delivery of this Agreement and of each Assignment and Assumption and the consutranation of the transactions contemplated thereby and the fulfillment of the terms and conditions thereof, do not and will not eorfflict with and result in any breach of any of the terms or conditions of M&S's articles of incorporation or bylaws, or of any restriction contained in any agreement or instrument to which M&S is 1952350vl now a party or by which it is bound or to which any property of M&S is subject, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property. or assets of M&S contrary to the terms of any instrument or agreement to which M&S is a party or by which it is bound, and will conflict with any present order, role or regulation applicable to M&S of any federal or state court or federal or state regulatory body or administrative agency or other govemmental agency having jurisdiction over M&S; provided that M&S makes no representation or warranty to any Assignment or Assumption with respect to any Program unless such Assignment and Assumption is consented to by the applicable Issuer and/or Trustee, where required by the applicable Program Agreement or any related agreement. (e) Except as disclosed to Firstar, there are no actions, suits or proceedings pending or, to the best knowledge of M&S, overtly threatened against M&S or any property of M&S before any court or federal, state, municipal or other governmental agency which, if decided adversely to M&S, would have a material adverse effect upon transactions contemplated by this Agreement or any Assignment and Assumption. No approval or prior review is required from any federal or state public regulatory body with respect to M&S's entering into or performing this Agreement, except such approval or prior review as has already occurred or is required in order to make any Assignment and Assumption effective under the terms of the applicable Program Agreement. Except as disclosed to Firstar, there is no litigation or other proceeding pending, or to the best knowledge of M&S overtly threatened, seeking to restrain or enjoin the transactions contemplated by this Agreement, or questioning the validity of this Agreement or of any Assignment and Assumption, or in any way questioning the existence or powers of M&S. (f) M&S has by proper corporate action duly authorized, executed and delivered this Agreement and will have duly authorized, executed and delivered each Assignment and Assumption, and this Agreement and each Assignment and Assumption constitutes, or will constitute, the valid and binding obligation of M&S, enforceable in accordance with its terms, except as the enforceability thereof may be limited by state and federal laws affecting remedies and by bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement ofcreditor's rights. Section 2.2. Representations and Warranties of Firstar. Firstar hereby represents and warrants to M&S as follows: (a) Firstar Bank, N.A. has full power and authority with the consent of the Issuer and/or Trustee (where required) to accept, assign and transfer of the Administration Function with respect to each Program to Firstar. (b) Firstar Bank, N.A. is a national banking association, and is duly authbrized to conduct is activities in all states where its activities required such authorization, has the power to enter into this Agreement and any other instruments or documents required to be I952350v1 4 executed in connection herewith, including specifically the Assigranent and Assumption with respect to each Program. (c) The execution and delivery of this Agreement and of each Assignment and Assumption and the consummation of the transactions contemplated thereby and the fulfillment of the terms and conditions thereof, do not and will not conflict with and result in any breach of any of the terms or conditions of Firstar's articles of incorporation charter or bylaws, or of any restriction contained in any agreement or instrument to which Firstar is now a party or by which it is bound or to which any property of Firstar is subject, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of Firstar contrary to the terms of any instrument or agreement to which Firstar iS a party or by which it is bound, and will not conflict with any present order, role or regulation applicable to Firstar of any federal or state court or federal or state regulatory body or administrative agency or other governmental agency having jurisdiction over Firstar; proVided that Firstar makes no representation or warranty as to any Assignment or Assumption with respect to any Program unless such Assignment and Assumption is consented to by the applicable Issuer and/or Trustee, where required by the applicable Program Agreement or any related agreement. (d) There are no actions, suits 0r proceedings pending or, to the best knowledge of Firstar, overtly threatened against Firstar or any property of Firstar before any court or federal, state, municipal or other governmental agency which, if decided adversely to Firstar, would have a material adverse effect upon transactions contemplated by this Agreement or any Assignment and Assumption. No approval or prior reView is required from any federal or state public regulatory body with respect to Firstar entering into or performing this Agreement, except such approval or prior review as has already occurred or is required in order to make any Assignment and Assumption effective under the terms of the applicable Program Agreement. There is no litigation or other proceeding pending, or to the best knowledge of Firstar overtly threatened, seeking to restrain or enjoin the transactions contemplated by this Agreement, or questioning the validity of this Agreement or of any Assignment and Assumption, or in any way questioning the existence or powers of Firstar. (e) Firstar has by proper corporate action duly authorized, executed and delivered this Agreement and will have duly authorized, executed and delivered each Assignment and Assumption, and this Agreement and each Assignment and Assumption constitutes, or will constitute, the valid and binding obligation of Firstar, enforceable in accordance with its terms, except as the enforceability thereof may be limited by state and federal laws affecting remedies and by bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement ofcreditor's rights. (f) Firstar has been given adequate opportunity to reView the terms of each Program Agreement and has undertaken such investigation of each Program and Program Agreement as it has deemed necessary for the purposes of the transactions contemplated by this Agreement. 5 (g) Firstar Bank, N.A., is duly qualified as (i) a FNMA-approved seller-servicer of FHA insured, VA-guaranteed or conventional mortgage loans, (ii) a FNMA/FHLMC seller-servicer, or (iii) qualified to service FHA-insured, VA-guaranteed mortgage loans or conventional mortgage loans, and (iv) qualified in the manner and with the approvals required to perform the Administration Function under each Program Agreement or (v) to the extent not so qualified, has obtained from the applicable Issuer and/or Trustee a waiver of such qualifications. Firstar specifically represents and warrants that to the extent that Firstar Bank, N.A. may lack any such qualification, any duty or obligation requiring such qualification shall be undertaken and performed by another financial institution or mortgage banker possessing such qualification which is retained by Firstar, at its own expense, for that parpose. Section 2.3 Mutual Representation and A~reement: Cooperation. M&S and ~Firstar hereby mutually acknowledge and represent to each other that it is the purpose of this Agreement to accomplish the transfer and assignment of the Administration Function with respect to each of the Programs listed on Schedule I hereto. In order to effectuate that purpose, M&S and Firstar hereby mutually agree that each of them shall cooperate with the other in obtaining the consents and approvals of the applicable Issuers and/or Trustees to each Assignment and Assumption and shall undertake, at their own expense, such efforts as may be necessary and desirable to obtain such consents and approvals. ARTICLE III TRANSFER OF ADMINISTRATION FUNCTION Section 3. i Assim-a-nent and Transfer of Administration Function. M&S hereby agrees to transfer and assign to Firstar, and Firstar hereby agrees to accept the assignment and transfer to it by M&S, and to assume, the Administration Function with respect to each Program listed on Schedule I hereto. Section 3.2 Assimminent and~ Assumption for Each Program. M&S hereby agrees to execute and deliver to Firstar, and Firstar hereby agrees to accept and acknowledge, an Assignment and Assumption in substantially the form of Exhibit A hereto, with respect to each Program. Section 3.3 Effective Date of Master Contract and each Assimmaent and Assumption. This Master Contract shall be effective upon execution hereof, and of each Assignment and Assumption by M&S and Firstar, and upon delivery by M&S to Firstar of: each Assignment and Assumption (if required) by the applicable Issuer, Trustee and Servicer, the Program Agreements; the files (or true and correct copies thereof) relating to each Program and the related mortgage 6 loans; all other books and records including financial records relating to each Program and the related mortgage loans. With respect to each Program, the effective date of the transfer and assignment of the Administration Function with respect thereto shall be as of the date on which the last required consent or approval from the applicable Issuer and/or Trustee has been received. In any case in which the consent or approval of the Issuer and/or Trustee is not required, the effective date of the Assignment and Assumption shall be as of the date of its mutual execution and delivery by the parties hereto. Notwithstanding the foregoing, the Assignments and Assumptions with respect to each Program shall not be deemed effective until and unless the Assignments and Assumptions for 75% of the total number of Programs shall have become effective; provided, however, that M&S and Firstar may waive the requirements of this sentence as to any one or more programs. Unless 75% of the Assignment and Assumptions are approved on or before September 1, 2000, unless such requirement is wiived, this Agreement shall automatically terminate and be of no further force in effect and all previously executed Assignments and Assumptions, even if consented to by the applicable Issuers and/or Trustees, shall also terminate and be of no further force or effect. Section 3.4 Effect on Issuers. Trustees and Servicers. M&S and Firstar agree that from and after the effective date of each Assignment and Assumption (unless teminated as provided in Section 3.3), the related Issuer, Trustee and Servicer shall look solely to Firstar for performance of the Administration Function with respect to the related Program, and M&S shall have no further duty or obligation with respect to the Administration Function for that Program except as expressly provided in this Agreement. In all other respects, nothing in this Agreement shall be construed to limit, modify or amend the fights or duties or remedies of any Issuer, Trustee or Servicer. Section 3.5 Books and Records. Upon each Assignment and Assumption becoming effective, M&S shall deliver to Firstar, or its designated agent, all books~aad records in its possession relating to the Administration Function for the related Program. ARTICLE IV COMPENSATION Section 4.1 Administration Function Compensation. The compensation to be paid to Firstar for its performance of the Administration Function with respect to each Program shall be as follows: 1952350vl 7 a. 10 basis points (0.001%) for each Program for which the outstanding principal balance of all mortgage loans as of the date of this Agreement is equal to or more than $15,000,000; or b. 12.5 basis points (0.00125%) with respect to each Program for which the outstanding principal balance of all mortgage loans as of the date of this Agreement is less than $15,000,000; provided, that with respect to Programs for which the fee for the Administration Function is separately specified and provided for, by separate Program Agreement or otherwise, the compensation to be paid to Firstar shall be as stated in the applicable Program Agreement. For the purposes of the foregoing clauses (a) and (b), Firstar's compensation for its performance of the Administration Function, for each monthly period, shall be equal to the number of basis points stated above multiplied by the aggregate trial balance of all mortgage loans included in the Program, a~ that Irial balance is reported by the Servicer for the applicable Program for the applicable monthly period; provided that to the extent that any Program Agreement provides that the compensation of the administrator/servicer thereunder shall not be paid with respect to any specific mortgage loan (e.g., a mortgage loan with respect to which monthly principal and interest payments are then delinquent), a corresponding portion of the compensation to Firstar with respect to that Program shall not be payable until and unless the compensation of the administrator/servicer is payable under the terms of the applicable Program Agreement. Section 4.2 Remittance of Administration Function Comoensation. Except in those cases in which the fee to be paid to Firstar for performance of the Administration Function is separately stated and paid, the Servicer shall remit to Firstar the portion of the total compensation paid to or retained by the administrator/servicer under the terms of the applicable Program Agreement at such times as the Servicer receives such amounts. To the extent that specific Program Agreements permit the Servicer to withhold compensation for the administrator/servicer fi~om monthly payments made by mortgagors, such remittances shall be made monthly. To the extent that any Program Agreements provides that the compensation for the Administration Function is payable fi-om a source, or at times, other than withholding from monthly payments made by mortgagors, the Servicer shall remit the compensation to Firstar for performance of the Administration Function at the times that compensation for the Administration Function is received, and in the amounts specified in Section 4.1 hereof. In cases where compensation for the Administration Function is payable separately liom compensation for the Servicing Function, the Administration Function compensation shall be paid directly to Firstar, or if received by M&S or the Servicer, remitted promptly to Firstar. Section 4.3 Advances. From and at~er the effective date of each Assignment and Assumption, the obligations of Firstar to make advances shall be as provided in the applicable Program Agreement. If the Program Agreement does not specify whether Firstar is obligated to make advances, the obligations to make advances shall be that of Firstar where the advance is necessary in the course 8 of performance of the Administration Function. Firstar shall, to the extent permitted by the applicable Program Agreement, shall seek reimbursement for advances from funds held by the selected Trustee unless the applicable Indenture, rather than seeking reimbursement for advances from funds held or collected by the Servicer in the course of performing the Servicing Function. To the extent any Program Agreement permits or authorizes the administrator to obtain reimbursement for amounts advanced, Firstar agrees that it shall be responsible for obtaining reimbursement for its own advances. ARTICLE V LIABILITY AND INDEMNITY Section 5.1 Liability of M&S. M&S is and shall remain liable for any acts or omissions to act under any Program Agreement, which act or omission occurred prior to the effective date of the Assignment and Assumption relating to that Program Agreement, and M&S shall indemnify and hold Firstar harmless from all losses, claims, damages and liabilities, including reasonable attorneys' fees, arising with respect thereto. Section 5.2 Liability of Firstar. Firstar shall be liable for all acts and omissions to act in the course of performing the Administration Function occurring from and at~er the effective date of the Assignment and Assumption with respect to each Program Agreement, and shall indemnify and hold M&S harmless from all losses, claims, damages and liabilities, including reasonable attomeys' fees, arising with respect thereto. For the purposes of this Section, the standard of care specified in the applicable Program Agreement, and the duties and obligations specified therein, shall be the basis for the liability of FiBtar, if any, and nothing herein shall be construed to impose on Firstar any higher or different standard of care or duty to perform. Section 5.3 Ri~.hts Against.~redecessors. Nothing in this Agreement shall be construed to limit the right of Firstar to assert a claim against any person or entity which performed the Administration Function for any Program before M&S began performing the Administration Function for that Program. Firstar shall be deemed a successor to and assignee of the rights of M&S under all contracts, agreements or instruments under which the Admirdslxation Function for any Program was tnmsferred to M&S, and accordingly Firstar shall have the right to proceed directly against any predecessor of M&S with respect to any matter for which the predecessor may be liable became of an act or omission to act which occurred while such person performed the Administration Function for the selected Program. 1952350vl Section 5.4 Dispute Arbitration. Firstar and M&S hereby agree if any loss, damage, liability or claim should arise relating to an act or omission to act which occurred during the period that M&S performed the Administration Function for a Program, and the parties hereto are in dispute over whether M&S is liable to Firstar with respect thereto, such dispute shall be submitted to binding arbitration. In any such case, such arbitration shall be conducted by, and in accordance with the roles and procedures of, the American Arbitration Association. Each of M&S and Firstar shall have the right to select one arbitrator, and the two arbitrators so selected shall select a third arbitrator, and the decision of a majority of such arbitrators shall be binding upon the parties. The parties shall mutually direct the arbitrators to render their decision in writing, and such decision shall be enfomeable in any court of law of competent jurisdiction. ARTICLE VI GENERAL PROVISIONS Section 6.1 Govemin~ Law. This Agreement, and each Assignment and Assumption, shall be governed by and construed in accordance with the laws of the State of Minnesota; provided that to the extent that any Program Agreement specifies that all matters arising thereunder shall be governed by the laws of a different jurisdiction, the laws of that jurisdiction shall govem and control with respect to that matter only. Section 6.2 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original document. Section 6.3 Amendments. This Agreement may only b~;amended by a writing executed by both of the pardes hereto, and no oral agreement or understanding shall be deemed an effective amendment of this Agreement. Section 6.4 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10 Section 6.5 No Rights Conferred on Others. Except as provided in Section 3.4, nothing in this Agreement shall confer any rights, as a third party beneficiary or otherwise, on any person other than M&S and Firstar and their successors and assigns. Section 6.6 Sitmators Not Liable. This Agreement is executed by the officers of M&S and Firstar respectively, in their capacities as such officers. No covenant, stipulation, obligation, representation, warranty, or agreement contained herein shall be deemed to be a covenant, stipulation, obligation, representation, warranty or agreement of any present or future trustee, agent, counsel, officer or employee of M&S or Firstar in his or her individual capacity, and no officers executing this Agreement shall be liable personally on account of this Agreement. Section 6.7 Successors and Assigns. Neither M&S nor Firstar shall assign or transfer all or any part of its duties, obligations or rights under any Program Document except as permitted by the applicable Program Agreement. The transactions contemplated by this Agreement shall be deemed a sale of intangible property and contract rights which vests full ownership thereof in Firstar and enables Firstar to fiather transfer and assign the Administration Function to any or all Programs to the extent permitted by the applicable Program Agreement. This Agreement shall be binding on the permitted successors and assigns of the parties. Section 6.8 Entire Aereement. This Agreement together with each of the Assignment and Assumptions referred to herein shall constitute the entire Agreement of M&S and Firstar as to the subject matter hereof. This Agreement supersedes and replaces all prior written or oral agreements or understandings between the parties with respect to the subject matter of this Agreement. Remainder.~fthis page left blank intentionally. 1952~50vl 11 IN WITNESS WHEREOF, Miller & Schroeder Financial, Inc. and Firstar Bank, N.A. set their hands as of the day and year first above written. MELER & SC ER FSN'ANC , INC. 1952350vl 12 FIRST N.A. Its ~ 1952350vl 13 2 3 4 7 No. SCHEDULE I PROGRAMS Na.rne S5,810,000 Single Family Mortgage Revenue Refunding Bonds and Taxable Series 1992A Residual Interest Revenue Bonds (Convertible Capital Appreciation Bonds); $1,310,000 - Series 1992B, $335,000 - Series 1992C issued by City of Brooklyn Center, City of Columbia Heights, City of Moorhead and Robbinsdale Economic Development Authority $20,000,000 Single Family Mortgage Revenue Bonds Series 1983 issued by the City of Davenport, Iowa $7,930,000 Single Family Housing Revenue Bond Program, Series 1984 issued by The City of Duluth, St. Louis County, Minnesota $16,595,000 Single Family Mortgage Revenue Bonds Series t980 Refunded by Single Family Mortgage Revenue Bonds Series 1991A and S cries 1991B issued by the City o f Faribault, Minnesota $30,000,000 Redevelopment Mortgage Revenue Bonds (Riverplace Project) issued by the City of Mirmeapolis, Minnesota S26,335,000 Single Family Mortgage Revenue Variable Rate Refunding Bonds ffHLMC and GNMA Mortgage-Backed Securities Program - Saint Paul Middle Income Proyam, Phase III) Series 1997 issued by the city of Minneapolis Minnesota and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota $20,000,000 Residential Mortgage Revenue Bonds Refunded by $8,170,000 Siagle Family Mortgage Revenue Refunding Bonds, Taxable Series 1992A and $2,200,000 Single Family Mortgage Revenue Refunding Bonds, Series 1992B issued by the City of Moorhead $5,865,000 Single Family Residential Mortgage Revenue Refunding Bonds (GNMA Mortgage-Backed Securities Program) Series 1991-A issued by the City of St. Louis Park, Minnesota $35,000,000 Housing Development Revenue Bond Series A - Refunded by $7,530,000 Single Family Mortgage Revenue Refunding Bonds, Series 1996 issued by the City of Vadnais Heights, Minnesota Schedule I - 1 10 11 12 13 14 15 16 17 18 10,523,000 Single Family Mortgage Revenue Bonds ffNMA and GNMA Mortgage-Backed Securities Program) Series 1995 issued by The Dakota County Housing and Redevelopment Authority 10,535,000 Single Family Mortgage Revenue Bonds (Fannie Mac and Girmie Mac Mortgage-Backed Securities Program) Series 1998A and $17,987,500 Single Family Mortgage Revenue Refunding Bonds (Fannie Mac and Ginhie Mae Mortgage-Backed Securities Program) Series 1998B issued by The Dakota County Housing and Redevelopmerit Authority $26,450,000 Series A & B Single Family Bond Program First Time Home Buyers, Series 1994 issued by The Dakota County Housing and Redevelopment Authority $5,315,000 (Cities of Eagan and West St. Paul) Single Family Residential Mortgage Revenue Bonds (GNMA Mortgage-Backed Securities Program) Series 1986 issued by The Dakota County Housing and Redevelopment Authority $9,745,000 Single Family Mortgage Revenue Bonds, Series 1983 issued by The Dakota County Housing and Redevelopment Authority $23,500,000 Single Family Mortgage Revenue Bonds, Series 1984 issued by The Dakota County Housing and Redevelopment Authority $27,500,000 Single Family Mortgage Revenue Bonds issued by The Dakota County Housing and Redevelopment Authority and the Redevelopmerit Authority in and for the City of South Saint Paul, Minnesota $10,523,000 Single Family Mortgage Revenue Bonds (FNE~ and GNMA Mortgage Backed Securities Program) Series 1996A, $11,300,000 Single Family Mortgage Revenue Refunding Bonds (FNMA and GNMA Mortgage Baehed Securities Program) Series 1996B and $815,000 Single Family Mortgage Revenue Bonds (FNMA and GNMA Mortgage Backed Securities Program) Series 1996C and issued by The Dakota County Housing and Redevelopment Authority and Steams County Housing and Redevelopmerit Authority $49,940,000 Residential Rehabilitation Revenue Bonds, December 1, 1979 Single Family Mortgage Revenue Bonds $15,800,000 Series 1991A (BMHR), $3,400,000 Series 1991B, $20,000,000 Series 1991C and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 1952350vl Schedule I - 1 19 2O 21 22 23 24 25-1 25-2 26 $120,000,000 Single Family Housing Revenue Bonds (Equity Participation Loan Program) and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the Minneapolis Community Development Agency $125,000,000 Variable Rate Monthly Demand Bonds (Home Ownership Mortgage) and issued by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the Minneapolis Community Development Agency $15,850,000 Single Family Mortgage Revenue Bonds (Minneapolis/Saint Paul Family Housing Program) Phase X(2) and issued by the Minneapolis/Saint Paul Housing Finance Board $24,500,000 Home Ownership Revenue Bonds (Joint Housing Program) Refunded by Minneapolis Community Development Agency and the Housing and Redevelopmerit Authority of the City of Saint Paul, Minnesota $24,500,000 Home Ownership Revenue Bonds (Joint Housing Program) $20,500,000 Single Family Mortgage Revenue Refunding Bonds (HOP VI) (Fanhie Mae and GNMA Mortgage-Backed Securities Program - Home Ownership Program (Series 1998) and issued by the Minneapolis/Saint Paul Housing Finance Board $20,000,000 Single Family Mortgage Revenue Bonds (Minneapolis/Saint Paul Family Housing Program, Phase X, FNMA and GNMA Mortgage- Backed Securities Program) Series 1994 and issued by the Minneapolis/Saint Paul Housing Finance Board Minnesota First Mortgage Pass-Through Series 1984AI) Variable Pass- Through Rate issued by the Minnesota Mortgage Marketing Corporation Minnesota First Mortgage Pass-Through Series 1984A2) Variable Pass- Through Rate issued by the Minnesota Mortgage Marketing Corporation $8,510,000 Single Family Mortgage Revenue Refunding Bonds (Fanvie Mac Mortgage-Backed Securities Program), Series 1994A and $5,931,644 Single Family Mortgage Revenue Bonds (Fannie Mae Mortgage-Backed Securities Program), Series 1994B issued by The Dakota County Housing and Redevelopment Authority, the Washington County Housing and Redevelopment Authority, the Steams County Housing and Redevelopment Authority, the Chisago County Housing and Redevetopment Authority .and the Southcentral Minnesota Multi-County Housing and Redevelopmerit Authority 195235Gvl Schedule I - 1 27 28 29 3O $13,394,738 Single Family Mortgage Revenue Bonds CFHLMC and GNMA Mortgage-Backed Securities Program) Series 1997 issued by the Anoka County Housing and Redevelopment Authority (The); Housing and Redevelopmeat Authority of Hibbing, Minnesota; Northwest Minnesota Multi-County Housing and Redevelopment Authority; Olmsted County Housing and Redevelopment Authority (The); Scott County Housing and Redevelopment Authority; Southeastern Minnesota Multi-County Housing and Redevelopment Authority and Stearns County Housing and Redevelopment Authority $21,131,614 Single Family Mortgage Revenue Bonds FHLMC and GNMA Mortgage-Backed Securities Program)Series 1995A, $1,935,000 Single Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1995B, $1,100,000 Single Family Mortgage Revenue Mortgage-Backed Securities Family Mortgage Revenue Mortgage-Backed Securities Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Program) Series 1995C, $720,000 Single Refunding Bonds fFHLMC and GNMA Program) Series 1995D, $355,000 Single Refunding Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1995E and issued by the Carver County Housing and Redevelopmeat Authority (The); The Dakota County Housing and Redevelopment Authority; The Northwest Minnesota Multi-County Housing and Redevelopment Authority; The Olmsted County Housing and Redevelopment Authority; The Scott County Housing and Redevelopment Authority; The Southcentral Minnesota Multi-County Housing and Redevelopmeat Authority; The Southeastern Minnesota Multi-County Housing and Redevelopmeat Authority; The Steams County Housing and Redevelopment Authority; and The Wadena Housing and Redevelopment Authority Si0,061,934 Single Family Mortgage Revenue Bonds (FHLMC and GNMA Mortgage-Backed Securities Program) Series 1996 Single Family. Mortgage Revenue Bonds CFH'LMC and GNMA Mortgage- Backed Securities Program) $7,752,706 Series 1998A / Single Family Mortgage Revenue Refunding Bonds (FHLMC and GNMA Mortgage- Backed Securities Program ) $2,551,863 Series 1998B, $3,176,770 Series 1998C, $6,634,546 Series 1998D and $2,358,217 Series 1998E and issued by the Northwest Minnesota Multi-County Housing and Redevelopment Authority; Olmstead County Housing and Redevelopment Authority; Housing and Redevelopment Authority in and for the City of St. Cloud, Minnesota; Steams County Housing and Redevelopment Authority; Anoka County Housing and Redevelopment Authority; Carver County Housing and Redevelopment Authority; Housing and Redevelopment Authority of the City of Hibbing, Minnesota; Rice County Housing and Redevelopment Authority; Scott County Housing and Redevelopment 31 32 33 34 Authority; and Southeastern Minnesota Multi-County Housing and Redevelopment Authority $15,000,000 Single Family Mortgage Revenue Bonds, Series 1984 issued by Shawnee County, Kansas $16,000,000 Single Family Mortgage Revenue Bonds, Series 1985 issued by Shawnee County 1984 $3,500,000 (City of Cottage Grove) Single Family Residential Mortgage Revenue Bonds (GNMA Mortgage-Backed Securities Program) Series 1986 issued by the Washington County Housing and Redevelopment Authority Take Credit issued by the Minneapolis/Saint Paul Housing Finance Board No. EXI4IBIT A FORM OF ASSIGNMENT AND ASSUMPTION ASSIGNMENT AND ASSUMPTION OF ADIvKNISTRATION FUNCTION Miller & Schroeder Financial, Inc. CM&S'') hereby assigns and transfers to Firstar Bank, N.A. ("Firstar") all of those duties and obligations comprising the "Administration Function" (as defined on Exhibit A hereto) with respect to the single family mortgage loan program (the "Program") financed by debt securities, namely the (the "Bonds") issued by (the "Issuer") pursuant to that certain dated (the "Indenture") by and between the issuer and (the "Trustee"). The Administration Function for the dated as of and Function is defined on Exhibit A attached hereto. Program is provided for in that certain (the "Program Agreement") by and among The Administrative Firstar hereby accepts assignment and transfer to it of all of the duties and obligations comprising the Administration Function under the Program Agreement. This Assignment and Assumption is entered into pursuant to the terms and conditions of that certain Master Contract for the Transfer and Assignment of Program Administration dated as of ,2000 (the "Master Contract") by and between M&S and Firstar, a true and correct copy of which is attached hereto as Exhibit B. All terms capitalized but not otherwise defined in this Assiffnment and Assumption of Administration Function shall have the meanings assigned to such terms in the Master Contract. This Assignment and Assumption shah be effective as of the later of the date (a) on which this Assignment and Assumption is.consented to and accepted by the Issuer, the Trustee and the Servicer named above or Co) specified in Section 3.3 of the Master Contract. M21LLER & SCHROEDER FINANCIAL, INC. By Its A-1 Dated: FIRSTAR BANK, N.A. By Its 195235~vl A-2 Dated: (ISSUER) By Its Dated: (TRUSTEE) By Its 1952350vl A-3 The foregoing Assignment and Assumption is hereby consented to and accepted. The undersigned Servicer further acknowledges receipt of a copy of the Master Contract and agrees to abide by the terms hereof with respect to payment of fees and other matters relating to the Servicer and Firstar (as successor to M&S). (SERVICER) Dated: By Its A-4 EXHIBIT A ADMINISTRATION FUNCTION Administration Function: All of those duties under the Program Agreement relating to the administration of the Program, other than those included in the Servicing Function, including: monitoring and reporting to the Issuer and the Trustee with respect to the origination of mortgage loans; review of mortgage loan files for compliance with origination requirements; monitoring servicing reports and servicing activities including review of trial balance reports and remittance reports; monitoring of and supervision of loan pay-offs; assumptions, foreclosures, delinquency reports and actions to cure delinquencies, and action in connection with mortgage bankruptcies; filing of special hazard insurance and mortgage pool insurance claims; monitoring of on-going compliance with iax-exempt bond requirements, where applicable; cooperation with the Trustee and Issuer with respect to administration of the Program; enforcement of the obligations and duties of the servicer(s) of the mortgage loans made or pumhased pursuant to the Program; and other functions necessarily related to the foregoing, but excluding those duties and obligations included in the Servicing Function (as defined in the Master Contract). 1952350vl A-5 City of Columbia Heights Public Works Department Work Session Discussion Item Work Session Date: October 2, 2000 ~ Prepared by: Kevin Hansen, Public Works Director/City Engine Item: Proposal for Urban Design Services for Central Avenue Streetscaping Background: The City Council previously awarded the final design services for Central Avenue Street and Utility Improvements to BRW at their February 28, 2000 regular meeting. The final design work, as identified in the Engineering Study, includes utilities: water main, sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and sidewalks. The total estimated cost of the work is $850,000 for utilities and $1,745,000 for street improvements. Analysis/Conclusions: Work is nearly complete on the street and utility plans for the Central Avenue Street Rehabilitation project, from 37th to 45rd Avenues, for submittal to MnDOT State-Aid to begin their review process at the end of October. Staff met with the council at their August 7th work session to discuss preliminary alternatives for urban streetstaping. A public informational meeting was held September 20th, 2000 at Murzyn Hall with all fronting properties along Central Avenue invited. From the direction and input of these two meetings, final design of streetscaping is recommended to be initiated for inclusion of the plan review submittal packet to MnDOT at the end of October. A copy of a letter for a contract amendment to BRW's design services is attached detailing the scope of work. The cost of $27,000 represents approximately 5-6 percent of the estimated improvement cost. Requested Action: Authorize preparation of Final Plans and Specifications for Central Avenue Streetscaping from 37t" to 43~d Avenues as detailed in the attached proposal letter; and, authorize the Mayor and City manager to enter into a contract for final urban design services to BRW at a cost not-to-exceed $27,000. Attachment: BRW Proposal Letter dated September 14, 2000 City of Columbia Heights Public Works Department Work Session Discussion Item Work Session Date: October 2, 2000 ~ Prepared by: Kevin Hansen, Public Works Director/City Engine Item: Proposal for Urban Design Services for Central Avenue Streetscaping Background: The City Cotmcil previously awarded the final design services for Central Avenue Street and Utility Improvements to BRW at their February 28, 2000 regular meeting. The final design work, as identified in the Engineering Study, includes utilities: water main, sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and sidewalks. The total estimated cost of the work is $850,000 for utilities and $1,745,000 for street improvements. Analysis/Conclusions: Work is nearly complete on the street and utility plans for the Central Avenue Street Rehabilitation project, fi'om 37th to 45~d Avenues, for submittal to MnDOT State-Aid to begin their review process at the end of October. Staff met with the council at their August 7m work session to discuss preliminary alternatives for urban streetstaping. A public informational meeting was held September 20th, 2000 at Murzyn Hall with all lionling properties along Central Avenue invited. From the direction and input of these two meetings, final design of streetstaping is recommended to be initiated for inclusion of the plan review submittal packet to MnDOT at the end of October. A copy of a letter for a contract amendment to BRW's design services is attached detailing the scope of work. The cost of $27,000 represents approximately 5-6 percent of the estimated improvement cost. Requested Action: Authorize preparation of Final Plans and Specifications for Central Avenue Streetscaping fxom 37th to 43ra Avenues as detailed in the attached proposal letter; and, authorize the Mayor and City manager to enter into a contract for final urban design services to BRW at a cost not-to-exceed $27,000. Attachment: BRW Proposal Letter dated September 14, 2000 BRW, inc. September 14, 2000 Mr. Kevin Hansen, PE Public Works Director\ City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421 RE: Proposal for Landscape Architecture/Urban Design Services Central Avenue (TH 65) Improvement Project City Project No. 99-12 Dear Mr. Hansen: The following supplemental proposal is offered for your consideration for preliminary and final landscape architecture/urban design services for the above-referenced project. These services have been requested by City staff and are outside of the scope of work included in our January 10, 2000 proposal and our Professional Services Agreement dated January 14, 2000. Our January 10, 2000 proposal excluded landscape architecture/urban design services since the scope of the landscape architecture work had not been determined at that time. The scope of work, estimated cost and schedule for these additional services are detailed below. SCOPE OF WORK BRW will provide preliminary and final design services for landscape architecture/urban design improvements for the project as follows. 1. Preliminary Design Services To date, BRW has provided some preliminary design services to develop landscape architecture/urban design improvement options for the Central Avenue corridor between 371h Avenue and 43rd Avenue. These services have included the following: · A review of the project corridor has been conducted to inventory the existing landscape architecture/urban design features and assess their existing conditions. · Based upon the inventory, design concepts for the landscape architecture/urban design treatments were developed. Thresher Squar-; 700 Third Street SOL, tT Minneapolis, MN 55-;' 612.370.0700 612.370.1378 F:~, BRW, Inc. Mr. Kevin Hansen September 14, 2000 Page 2 · Throe options were developed for intersection treatments at 40th Avenue and drawings were prepared detailing these options. · Three options were developed for urban design/landscape architecture treatments for the project corridor and drawings were prepared detailing these options. As directed by City staff, we are currently working to prepare preliminary landscape architecture/urban design layouts for the project corridor between 37th Avenue and 43rd Avenue detailing the selected design option. The selected option includes colored concrete treatments and urban design improvements at the 40th Avenue intersection and trees, benches, planters, streetlighting and some colored concrete along the remainder of the corridor. We will also determine preliminary estimated costs for the improvements and prepare financing options for discussion with City staff. BRW will attend one City Council workshop meeting, one neighborhood open house meeting and up to three meetings with City staff to discuss the landscape architecture/urban design improvements. 2. Final Design Services Upon the approval of the preliminary design, BRW will prepare final construction plans and specifications for the landscape architecture/urban design treatments illustrated in the preliminary layouts. These plans and specifications will be incorporated with the roadway and utility plans and specifications for bidding and construction. We will also prepare a final Engineer's Cost Estimate for the landscape architecture/urban design improvements. We have assumed that our services will not include streetlighting design plans and that these services will be provided by NSP. We will work with City staff to select the appropriate type of fixture and pole from the options that NSP has available. We will also determine the locations for the streetlights and show these locations on our plans. It is our understanding that NSP will otherwise be designing, installing and providing the future maintenance for the streetlighting. BRW will review NSP shop drawings and design submittals for the streetlighting for compliance with the landscape architecture/urban design plans. ESTIMATED COSTS BRW will perform these additional services on an hourly basis consistent with our original proposal and our Professional Services Agreement. The following is a summary of the estimated costs to complete the work tasks detailed above. BRW, Inc. Mr. Kevin Hansen September 14, 2000 Page 3 1. Preliminary Design Services Task Estimated Cost 40th Avenue Design Options $ 1,250.00 Corridor Design Options $ 1,750.00 Preliminary Layouts $ 3,000.00 Estimated Costs/Financing Options $ 1,000.00 Meetings $ 1,500.00 Subtotal $ 8,500.00 Reimbursable Expenses $ 200.00 Total - Preliminary Design Services $ 8,700.00 2. Final Design Services Task Estimated Cost Final Plans $16,000.00 Specifications $ 1,250.00 Engineer's Cost Estimate $ 750.00 Subtotal $18,000.00 ReimbUrsable Expenses $ 300.00 Total - Final Design Services $18,300.00 TOTAL ESTIMATED COST $ 27,000.00 The total estimated not-to-exceed cost for all labor and reimbursable expenses included in this proposal is, therefore, $27,000.00. Labor will be billed on an hourly basis using the Standard Rate Schedule included in our Professional Services Agreement. Reimbursable Expenses will be billed to the City at cost with no BRW markup. The total estimated not-to-exceed cost for the design phase cost for this project is, therefore, $164,000.00 including the costs detailed in this proposal and the estimated costs ($137,000.00) included in our original January 10, 2000 proposal. SCHEDULE As discussed with City staff, the work will be completed as follows: Preliminary design services will be completed prior to the project open house meeting currently proposed for the week of September 18th. BRW. Inc, Mr. KevinHansen September l4,2000 Page 4 Assuming the final design is ordered to proceed after the open house meeting, final design services will be completed by October 27, 2000. The final design plans will be included with the roadway and utility improvement plans for submittal to Mn/DOT State Aid by October 30, 2000. Two original copies of this proposal are enclosed. If the proposal is acceptable, please execute both copies on the signature block provided below and return one for our records. Please let me know if you have any questions or you need any additional information. Sincerely, BRW, Inc. J orn, PE t APPROVED BY: CITY OF COLUMBIA HEIGHTS Name Title Signature Date Copy: Bob Kost/BRW Kevin Kielb/BRW File 33910-004-1001 City of Columbia Heights Public Works Department Work Session Discussion Item ~ Work Session Date: October 2, 2000 Prepared by: Keyin Hansen, Public Works Director/City Engine Item: Proposal for Engineering Services for additional Stormwater Study Areas Background: The City has gone through a lengthy process of addressing surface water problems throughout Columbia Heights, mainly as a result of the storm events in July of 1997. The work involved a site review/interview analysis, preparation of engineering studies for selected sites, grant applications to the DNR under the Flood Mitigation Program, and construction of recommended improvements. Property acquisition at three residential sites is also underway for remediation in 2001. Analysis/Conclusions: On September 2 of this year, a rainfall event, registered as over a 100 year event occurred resulting in flooding at various sites throughout the City. Staff is recommending pursuing the same process at one of the sites and additional study at a previously mitigated site. These are: 3942 Van Buren Street NE basement and garage flooding. 40t" and McKinley intersection flooding, or the Prestemon Park area. 1. The area around 3942 Van Buren has apparently flooded several times in recent years, but was not brought to the City's attention in the past. I visited the homeowners after the September 2"a storm and witnessed watermarks 48 inches high in their basement. In addition, garages in the alley way are subject to flooding as witnessed by watermarks 8-12 inches above the garage door(s). 2. Although 40th and McKinley was a previous study area with mitigation improvements to Prestemon Park, the extent of the property flooding and commentary received from the September 11 th City Council meeting warrants additional engineering review. The first would be to validate the function of the Prestemon Pond as designed and the second would be to look at a narrow focus of the existing inlet and receiving pipe capacity in detail. Requested Action: Authorize preparation of an engineering study for each site as detailed in the attached proposal letters; and, authorize the Mayor and City manager to enter into a contract for the same at a cost not-to-exceed $14, 100. Funding would be provided from the City's Storm Water Utility Fund 604-49650-3050. Attachment: BRA Proposal Letters dated September 13, 2000 Bonestroo Anderlik & ' Associates Engineers & Architects September 13, 2000 Kevin Hansen Director of Public Works City of Columbia Heights 637 381h Avenue N.E. Co lumbia Heights, MN 55421-3878 ' i 2DOO Feasibility Study for Storm Water Improvements - 3942 Van Buren and Surrounding Area BRAA File No. 332-Gen Dear Kevin: As requested, we have prepared a list of work tasks and estimated costs for a storm water improvement feasibility study. This study will address potential improvements to the storm water system associated with 3942 Van Buren Street NE. As with other similar studies we have completed for the City, this effort ','.ill rely heavily on hydraulic modeling of large portions of the storm sewer system upstream and downstream of the affected property. We will utilize the XP-Sx,VIMM sonyare (latest version) to model the storm sewer network. We describe below the specific work tasks and subtasks that will constitute this effort. A cost is associated with each task. Task 1 Project Initiation and Data Collection Est. cost: $800 This task involves the follo~ving subtasks: · Review ofas-builts · Discussions with affected homeowner(s) · Review of pertinent rainfall data · Site visit to establish drainage patterns · Entry of data into XP-SWMM model framework City responsibilities include providing survey data for the area around 3942 Van Buren Street NE and providing as-built information as requested. Prospective additional services include any work associated with obtaining as-built information for storm sewer under Central Avenue, or municipal storm sewer from the project area to Labelle Pond. Task 2 Analysis and Evaluation Est. cost: $2700 We will run up to three rainfall events for both existing conditions and proposed conditions (recommended improvement). We propose to analyze the following rainfall events: · 100-year, 24-hour rainfall · September 2, 2000 storm · One other storm event (to be discussed) 2335 West Highway 36 · St, Paul, MN 55113 · 651-636-4600 · Fax: 651~636-1311 City of Columbia Heights Letter to Kevin Hansen Page 2 of 2 September 13, 2000 Up to three improvement scenarios will be considered and simulations run for these to compare their effectiveness. To compare alternate improvements, and thus decide upon a recommended improvement, we will utilize the 100-year storm. We will then analyze the recommended improvement under all three rainfall events. All told, this proposal calls for 8 model runs. Results from these will be included in the report body. Prospective additional services include additional model runs resulting from additional rainfall events or improvement scenarios. Task 3 Prepare Draft Letter Report Est. cost: $2900 After completing our model runs, we will organize our results into a draft feasibility report that discusses potential improvements, their potential for flood mitigation, and their associated costs. The report will end by recommending one of the improvements discussed. We will deliver 15 copies of this report to the City for review. Task 4 Meetings Est. cost: $600 We anticipate one meeting with staff and one council presentation (regular meeting or workshop). Depending on the recommended improvement and the City's needs at that time, a resident meeting could be substituted for one of the above. Task 5 Prepare Final Letter Report Est. cost: $1700 We will incorporate staff council, and resident comments (as directed) and produce a final report that staff can present to City Council for forn~al approval. If desired our council presentation could come at this phase of the project in lieu of the timing proposed above. We will deliver 15 copies of the final report to the City at the culmination of this task. We propose to do the work described in tasks one through five on a per diem basis at a not to exceed cost of $9,200 (inclusive of approximately $500 in expenses). This budget is based on the rate schedule attached to this proposal. Given authorization to proceed, we anticipate completion of the draft report within one month. Please call me at 604-4740 if you have any questions concerning the tasks and costs. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert R. Barth Enclosure cc: Dan Edgerton. BRAA J/ Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo, Rosene. Ander[ik and Assodates, Inc+ is an Affirmative Action/Equal Opportunity Employer and Employee Ownecl September 13, 2000 Kevin Hansen Director of Public Works City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421-3878 Re: Storm Water Modeling - 40th Avenue NE and McKinley Street NE BRAA File No. 332-Gen Dear Kevin: As requested, we have prepared a list of work tasks and estimated costs for more detailed modeling of the McKinley Street NE and 40t~ Avenue NE storm sewer system. We will utilize the XP-SX,VMM software (latest version) to create an augmented model of the storm sewer network, particularly that under and downstream of the intersection. The augmented model will include more detail on various head losses that might occur in the current system and ways these head losses might be reduced. We describe below the specific work tasks that will constitute this efl'~rt. A cost is associated with each task. Task I Project Initiation and Data Collection Est. cost: $700 This task involves a review of those structures that might be sources of excessive head loss in the storm sewer system. We will also gather anecdotal evidence on the September 2, 2000 storm event and the storm e~ent that preceded it. We will also analyze the peainent rair~fall data for inclusion in the model. Task 2 Analysis and Evaluation Est. cost: $2500 Having identified particular structures that might be severe head loss sources, we will research the potential head loss coefficients and include these in an augmented model. We will concentrate particularly on the pipe network below and downstream of the intersection of 40th Avenue NE and McKinIey Street NE. This is a level of detail that was not inc!uded in the original modeling of the area due to the expense involved. We propose to analyze the following rainfall events: · 100-year, 24-hour rainfall · September 2, 2000 storm · Storm that preceded the September 2, 2000 storm · One additional stom~, as needed, to determine whether inlet capacity is an issue. We will analyze potential structural improvements to improve the performance of the storm sewer system. These might include: · ivfinhole benching 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 Page 2 of 2 · Pipe rerouting · Pipe replacement · Replacement of manholes with bends Prospective additional services include additional model runs resulting from additional rainfall events or additional improvement scenarios as identified by the City. Task 3 Prepare Draft Letter Report Est. cost: $1500 After completing our model runs, we will organize our results into a letter report that discusses a program of improvements and their potential for flood mitigation. We will deliver 15 copies of this report to the City. No time for meetings or report revisions have been included in this proposal, though these could be accomplished on a per diem basis at the rates on the attached schedule. We propose to do the work described in tasks one through three on a per diem basis at a not to exceed cost of $4,900 (inclusive of approximately $200 in expenses). Given authorization to proceed, we anticipate completion of the draft report within one month. Please call me at 604-4740 if you have any questions concerning the tasks and costs. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert R. Barth Enclosures cc: Dan Edgerton, BRAA September 13, 2000 City of Columbia Heights Public Works Department Work Session Discussion Item: Work Session date; October 2, 2000 k~) Prepared by: Lauren McClanahan, Superintendent of Public Wor Item: Pump Station #3 - Installation of additional 24" gate valve and removal of existing swing check valve. Background: In the Fall of 1999 the City of Minneapolis Water Works (MWW) and the City of Columbia Heights collaborated to construct an auxiliary/emergency water supply connection that could be used when the primary water supply from the Hilltop reservoir in New Brighton is out of service. The MWW was responsible for the design and construction project which was completed late last year. The new connection works very well, system pressure and volume are at or near normal operating levels. Analysis/Conclusion: As a result of this connection, staff had previously recommended the following modifications to be made to the water distribution system at Pump Station #3 to insure uninterrupted service while operating the emergency water supply. 1 .a. Install a 24" gate valve on the upstream side of the Pump Station #3 suction connection. 1.b. Remove the 24" swing check valve located on the downstream side of Pump Station #3 suction connection. These recommendations were made for the following reasons: Pump Station #3 could operate under normal pumping conditions while on the emergency water supply. The new valve would provide for isolation of the master meter in the event repair or replacement is necessary. b, The 24" swing check valve should be removed from the system as it is no longer compatible with the emergency water supply operational plan. If left in place, the swing check would have to be held in the open position by bracing or chaining up the exterior ann of the valve. This procedure is not recommended by staff because the water flow against the open flap valve may cause it to break and close. If this happens, Pump Station #3 pumps would not be available for use when using the emergency water supply. Work Session: October 2, 2000 Pump Station #3 - Installation of additional 24" Gate Valve and removal of existing Swing Check valve. Page 2 In addition, if the swing check valve closed when Pump Station #3 was drawing water from the emergency supply system, the pumps would run dry, overhear, fail and possibly sustain major mechanical damage. The Council approved the purchase of the 24" gate valve at the August 14th Council meeting. Public Works proceeded with the purchase of the valve and had planned to install the valve with city employees. Due to the resignation of the Utility Foreman, and the resulting loss of construction experience and manpower, staff recommends contracting this project out. In a recent conversation with MWW they indicated that their work is on schedule and that they are tentatively scheduled to switch Columbia Heights from the primary water supply to the emergency water supply during the first week in October. The best estimate at this time is that the emergency water supply will be in service for a period of six months from October 3, 2000 to March 31, 2000. Staff recommends utilizing the utility contractor for the Zone 4 project currently under contract and performing the work on a time and material basis through a project changer order. An estimate of the cost for installation of the 24" gate valve and removal of the swing check valve is as follows: Installation, removals, manhole structure, and appurtenances: $16,000 Requested Action: Authorization for GL Contracting to proceed with 24" gate valve installation and swing check valve removal at Pump Station #3 for the estimated cost of $16,000 from Fund 651-49430-5130. MEMORANDUM DATE: SEPTEMBER 29, 2000 TO: FROM: MAYOR PETERSON COUNCILMEMBER JOLLY COUNCILMEMBER SZUREK MEL COLLOVA, BUILDING OFFICIAL; CLEAN UP OF PROPERTY AT XXX 47TM AVENUE At the request of our Police Department, Fire Department and the Human Society, the Building Official inspected the subject dwelling. The Fire and Police Departments had previously responded to a medial emergency at this property. The Fire and Police Departments estimated there were over 30 cats in the building, including two litters of kittens, along with a very strong odor. There was little furniture in the kitchen, living room and dining room. Upon inspection, it was determined the structure is a health hazard. The building was posted and water service terminated, as the only occupant remains hospitalized. Upon consulting with Spencer Pieme, Anoka County Health Department and John Seward, Humane Officer, it was further determined the building has an infestation of parasites. All the removed animals were in different stages of disease, including loss of teeth, external and intemal bleeding. An abatement project number was requested for the property. If the City Council wishes the property restored to a safe and healthy condition, the clean up would include ventilating the building, removal of animal feces and possible carcasses, and fumigating to destroy parasites. Workers would need to wear a breathing apparatus and a sealed garment. The City has received a bill for Human Services that will be assessed to the property. By direction of the City Council, the Building Official will seek a signed waiver from the property owner to conduct the further abatement.