HomeMy WebLinkAboutMarch 3, 2008 Special Meeting
CITY OF COLUMBIA HEIGHTS
,590 40'h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692
l~isit our website a1: www.ci.coluutbia-hei~hts.mn.us
ADMINISTRATION
NOTICE OF SPECIAL CITY COUNCIL MEETING
to be held in the
CITY OF C'OL UMBIA HEIGHTS
as follows:
Meeting of: COLUMBIA HEIGHTS CITY COUNCIL
Date of Meeting: MONDAY, MARCH 3, 2008
Time of Meeting: 7:00 P.M.
Location of Meeting: CONFERENCE ROOM 1
Purpose of Meeting: JPA w/SCHOOL DISTRICT #13
Approve Joint Powers Agreement (JPA) between the City of Columbia Heights and
Independent School District 13 regarding use of the new gymnasium/athletic facility.
MOTION: Move to approve the Joint Powers Agreement between the City of
Columbia Heights and Independent School District 13 regarding use of the new
gymnasium/athletic facility
M8y01'
(iun~ !.. l'eAersnn
Councitmenrbers
Knbert,9, lN'zl6amr
Bruce Nax~rncki
'l<:unnr>ru 1 ~ichm
Bruce- A"elzvnhrr~
City Manager
11'ahcr K. I~r/tev
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 Clerk at 763-706-3611 to make
arrangements. (TDD/706-3692 for deaf or hearing impaired only)
l~~IEMORANDUlVI
DATE: FEBRUARY 29, 2008
TO: MAYOR PETERSON
COUNCILMEMBER WILLIAMS
COUNCILMEMBER NAWROCHI
COUNCILMEMBER DIEHM
COUNCILMEMBER KELZENBERG
FROM: WALT FEHST, CITY MANAGER -~°%~
RE: JOINT POWERS AGREEMENT WITH SCHOOL DISTRICT
Attached is a copy the Joint Power Agreement (JPA) that has been amended by the
School District's Attorney and reviewed by the City Attorney. Please observe the
changes that have been made, noting any questions you might have for our City Council
meeting on Monday night, March 3rd at 7:00 p.m. Though JPA's may change over time,
it is important to make sure that you are comfortable with the basic agreement.
5.2.1 -added designee language after "City Manager."
5.2.2 -this section was modified to include boiler checks in the maintenance costs and to
explicitly indicate that maintenance would be calculated on a square footage basis just
like utilities (if the City has the District doing it). It also has the first, partial year's costs
based upon an estimate using the high school's maintenance costs. After that, actual costs
for maintaining the Facilities will be used to calculate the City's cost.
5.3.4.2 -deleted this paragraph regarding boiler checks because the cost has been
wrapped into maintenance costs in paragraph 5.2.2.
5.5 -the parenthetical regarding the location of the parking spaces was added at the City's
request.
9.1 -the first sentence was modified to prohibit the City from withdrawing prior to final
completion.
JOINT POWERS AGREEMENT
between the
CITY OF COLUMBIA HEIGHTS
and
INDEPENDENT SCHOOL DISTRICT NO. 13
THIS AGREEMENT is made by and between the City of Columbia Heights, a
Minnesota municipal corporation ("the City"), and Independent School District No. 13, a
Minnesota municipal corporation ("the District"), collective referred to herein as "the
Parties" and individually as a "Party."
Article 1
Enabling Authority
Minnesota Statutes section 471.59 provides that two or more governmental units
may by agreement jointly exercise any power common to the contracting parties.
Minnesota Statute sections 123B.02 and 123B.51 provide school districts with authority
to construct school buildings and utilize them for community recreational purposes.
Minnesota Statutes sections 471.15-.191 provide school districts and cities with authority
to acquire and operate facilities for community recreational programs.
Article Z
Purpose
The Parties desire to establish a mechanism whereby they may jointly exercise
powers common to each participating Party concerning the following:
A. The construction, maintenance and operation of recreational facilities on the
current District campus at 1400 49th Avenue, N.E. in Columbia Heights. The
location and extent of the recreational facilities is indicated on the attached Exhibit
A ("Facilities"). Said Facilities include two new gymnasiums, two exercise rooms
and related areas.
B. Provide other similar or related services and programs as determined by the
Parties.
Nothing in this Agreement shall act as a waiver by a participating Party of its
individual power and legal authority to provide recreational facilities.
Article 3
Name
The name of this joint powers entity shall be the Columbia Heights Recreational
Cooperative ("CHRC").
Article 4
Governance
4.1 The Parties shall govern and control the Facilities as provided within this
Agreement. There shall be no joint powers board.
4.2 The City acknowledges that the Facilities are situated entirely upon the
District's land and adjoin the Senior High School, and that a large portion
of the Facilities, including one gymnasium, an exercise room and
associated facilities will be primarily, but not exclusively, utilized for
educational purposes, including related extracurricular and co-curricular
activities. Consequently, the District shall have physical control of the
Facilities except as provided herein.
4.3 The District acknowledges that a portion of the Facilities, including one
gymnasium, is financed by the City and intended to be utilized primarily by
the community at large. Subject to the District's need to maintain safety
and security for its students, staff and property, access to and use of said
portion of the Facilities is to be determined by the City as further set forth
in this Agreement.
4.4 There shall be a Facilities Committee composed of six members, three from
each Party. The Facilities Committee is not a joint powers board and serves
in an adviso~;' capacit;' only. The members shall sP~"_IP at tl~e dic~retinn of
the Party appointing them to the Committee. The Committee shall meet at
least quarterly, with additional meetings held at the discretion of the
Committee. The purpose of the Facilities Committee is to:
4.4.1 Receive input from each Party and their respective agents and
employees on issues relating to the operation of the Facilities.
4.4.2 Draft policies, guidelines or rules for the operation of the Facilities
and convey said draft policies, guidelines or rules to the City
Council and School Board for review and approval.
4.4.3 Report to the Superintendent and City Manager on the status and
usage of the Facilities so as to keep the Parties properly informed.
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4.4.4 Mediate any disputes arising between the Parties concerning the
operation of the Facilities. The Committee shall report to the City
Manager and the Superintendent the existence and status of any
dispute as well as any proposed resolution.
4.5 In the event that the Parties can not or do not resolve disputes informally as
provided in this Agreement, the matter shall be referred to a third party
mediator jointly chosen by the Parties. The cost of mediation shall be
shared equally by the Parties. If mediation is unsuccessful, either party
may, within 30 days following mediation, serve upon the other party a
written demand for arbitration. Said service shall be in the same manner as
prescribed by the Minnesota Rules of Civil Procedure and shall set forth the
issue(s) to be arbitrated. The Parties shall agree upon the arbitrator within
30 days of service of the demand. The arbitration process (conducting
discovery, motions, etc.) shall be stipulated by the Parties, or if no
agreement may be reached, shall be determined by the arbitrator(s). The
cost of the arbitrator(s) shall be shared equally by the Parties. The decision
rendered by the arbitrator(s) shall be binding and not appealable. Except as
otherwise provided herein, any arbitration shall be subject to the Minnesota
Uniform Arbitration Act.
Article 5
Management of Facilities
5.1 Control and Access.
5.1.1 Access to the entire Facilities shall be controlled via the District's
electronic card key system or other District security system as
determined liv tl?e Tli~tri~t, Nn inrlenPnrlPnt cer~,~rity nr a~.~ecg
~ r.,__....,__. ~
system, including manual door locks, shall be utilized without
permission from the District. The District shall have whatever
master keys or cards are necessary to allow District personnel full
access to the entire Facilities as needed for the purposes of
inspection, maintenance and security. This paragraph is not intended
to expand or alter the District's actual use of the Facilities by
students and/or District staff as otherwise set forth in this
Agreement.
5.1.2 The City shall have full, independent access to the City Gym and
related areas, as indicated in Exhibit A. Except as otherwise
provided in this Article, the City shall have the exclusive right to
control the usage of the City Gym and related areas, subject to
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District policies and state law insofar as they regulate the use of
public school property, including but not limited to, restrictions on
smoking, alcohol and weapons.
5.1.3 The District shall have full, independent access and control of the
District Gym, Exercise Room and related areas, as indicated on
Exhibit A.
5.2 Maintenance.
5.2.1 Following final completion and acceptance of the Facilities,
including all commissioning and startup work, the District shall
maintain the District gym and related areas. The City shall maintain
the City gym and related areas unless the Parties agree otherwise. In
the event there are any concerns or issues with the maintenance of
the Facilities, the party with concerns shall contact the representative
for the other party and seek resolution. The representative for the
District is the District Director of Business Services. The
representative for the City is the City Manager or his or her
designee. If a concern or issue remains unresolved, it shall be
referred to the Facilities Committee.
5.2.2 In the event that the Parties agree to have the District maintain the
City gym and related areas, the City shall pay the District for the
City's portion of the maintenance costs. Maintenance costs include
the cost of having a properly certified District employee undertaking
required boiler checks during the heating season. If the City does
not have the District maintain the City gym and related areas, the
City shall pay the labor cost of the boiler checks required when the
Fac~l~t~es are not otherrv~se ~at:l.zed by the D.str:c±.
Maintenance costs shall be calculated by dividing the square footage
of the City's Gym and related facilities by the total square footage of
the Facilities and applying that percentage to the total Facility
maintenance costs. For the period beginning at final completion of
the Facilities through December 31, 2009, the total maintenance
costs shall be estimated based upon the square footage cost of
maintenance in the existing High School. In December 2009, and
every December thereafter, the Parties shall review the actual
cleaning and maintenance costs for the Facilities and set the
compensation for the following calendar year.
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5.2.3 In the event that non-routine repairs or maintenance of the City Gym
and related areas is necessary, and said work is estimated to cost less
than $500, the District shall provide written notice of said work to
the City Manager at Least three days before undertaking the work.
The District shall invoice the City for the actual cost of the work,
including the cost of District personnel, if any. Said invoice shall be
paid within 30 days of the date of the invoice.
5.2.4 In the event repair or maintenance of the City Gym and/or related
areas will result in an estimated expenditure of $500 or more, such
repair or maintenance shall not proceed until written notice is given
to the City Manager and the proposed work is approved by the City
Council.
5.2.5 Notwithstanding Paragraphs 5.2.3 and 5.2.4, in case of emergency,
where damage to person or property is imminent or is of such
likelihood and urgency that approval by the City is not practicable,
notice shall be given to the City Manager as soon as reasonably
possible and the District shall take such steps as are reasonably
necessary to eliminate the threat of damage to person or property.
The District shall invoice the City for the actual cost of the work,
including the cost of District personnel, if any. Said invoice shall be
paid within 30 days from the date of the invoice.
5.3 Scheduling.
5.3.1 The City shall schedule the use of the City Gym and related
facilities. The City shall provide the District with the City's
schedule semi-annually, on January 1 Str~ and July 1St, for review by
the D~str~ct for compliance .x/1th D.sur~ct policies. The Dis±r~ct's
approval of the schedule shall not be unreasonably withheld. The
City's schedule shall be deemed approved by the District unless the
District provides the City Manager with written objections within
two weeks after receipt of the schedule.
5.3.2 If the City desires to have community access to the District's
exercise room within the Facilities, the City shall consult with the
District's Director of Business Services and then propose a schedule
pursuant to the timelines set forth in Paragraph 5.3.1.
5.3.3 Except as otherwise provided herein, the District shall schedule the
use of the District Gym, Exercise Room and related facilities.
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5.3.4 The City may request access to the District's Gym, Exercise Room
and related facilities, and the District may request access to the
City's Gym and related facilities, for special events, tournaments,
etc. Such requests shall be made pursuant to the timelines set forth
in Paragraph 5.3.1 or by special request at least 60 days in advance
of the event. Neither Party guarantees availability of their respective
facilities for such events, but shall endeavor to make their facilities
available to the extent practicable and appropriate.
5.3.4. l In the event that one Party is utilizing the other Parry's Gym
and/or related areas, the Party utilizing said space shall
provide appropriate and reasonable supervision of the users.
Said supervisory personnel shall be trained as necessary to
clean up blood-born pathogens and other bodily fluids in
accordance with District policy and state and federal law.
5.4 Utilities.
5.4.1 For heating, ventilation and air conditioning, the Facilities shall be
served by a combination of the District's existing boilers and new
roof top units. To the extent that the City's Gym and related
facilities are serviced by the District's equipment, the cost of
providing those HVAC services shall be paid by the City. The cost
shall be calculated by dividing the square footage of the City's Gym
and related facilities by the total square footage of the Facilities and
applying that percentage to the Facility HVAC costs.
5.4.2 The City Gym and related facilities shall have its own electrical
meter. The City shall either pay the electric company directly or pay
the District based upon the actual cost imposed by tshe elec±~:c
company. The District shall endeavor to exclude the Facilities from
Excel's "Brown-out" program. In the event the Facilities are not
excluded, the City Gym and related facilities shall be subject to the
program's requirements and restrictions.
5.4.3 Water shall be provided to the Facilities by the District without cost
to the City.
5.4.4 All telephone and low voltage wiring desired by the City within the
City Gym and related facilities shall be installed at the City's cost
but compatible with the District's existing low voltage systems. In
the event the City desires one or more phones within the City Gym
and related facilities, said phones shall be fully compatible with the
6
District's phone system. All monthly phone costs resulting from
services requested by the City shall be paid by the City.
5.4.5 All utility costs for which the City is responsible shall be invoiced to
the City on a monthly basis. The City shall pay the invoices within
30 days of the date of the invoice.
5.4.6 In the event that any utility equipment that is utilized by both Parties,
including but not limited to boilers and other HVAC equipment, is in
need of repair or replacement, the Parties shall split the cost of the
repair or replacement. Each Party's respective share shall be
calculated on the basis of square footage, in the manner set forth in
section 5.4.1.
5.5 Parkin .The District shall designate all or a portion of the westernmost
parking lot, as well as 12 parking spaces in the center parking lot (as close
as possible to the City Gym), on the north side of 49th Street as the location
for parking for those who utilize the City Gym and related facilities for
community recreation. The City shall provide all parking signs it deems
necessary for said parking, and shall be responsible for enforcing any
parking restrictions for those parking areas. All other District parking lots
and private roads or drives shall continue to be utilized exclusively for
District staff, students and guests.
Article 6
Insurance and Liability
6.1 The District shall provide property and general liability coverage for the
Facilities up to the limits contained in Minnesota Statutes section 466.04, as
amended. The premium Costs of proV;d.ng sa.d inci~rarZCe CnyeraUae chill be
apportioned between the District and the City based upon the each Party's
square footage of their respective portion of the Facilities.
The Party responsible for the cost of deductibles and uncovered claims or
losses shall be determined by the location where the damage or injury
occurred and the Party who controlled the premises or activity at the time
the damage or injury occurred. Property damage and personal injuries
occurring within the City Gym and related facilities are presumed to be the
responsibility of the City, and property damage and personal injuries
occurring in the remainder of the Facilities are presumed to be the
responsibility of the District, unless one Party was utilizing or otherwise
exerting control over the activities in the other Party's facilities.
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6.2 Notwithstanding any other provision of this Agreement, each Party shall be
responsible for injuries to its own employees to the extent required by law.
Each Parry will maintain workers' compensation insurance or self-
insurance covering its own employees while they are providing services
within the Facilities. Each Party waives the right to sue the other Party for
any workers' compensation benefits paid to its own employees or their
dependents, even if the injuries were caused wholly or partially by the
negligence of the other Party or its employees.
6.3 To the full extent permitted by law, actions by the Parties pursuant to this
Agreement are intended to be and shall be construed as a "cooperative
activity" and it is the intent of the Parties that they shall be deemed a
"single governmental unit" for the purposes of liability, all as set forth in
Minnesota Statutes section 471.59, subdivision 1 a(a); provided further that
for purposes of that statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party.
The Parties to this Agreement are not liable for the acts or omissions of the
other Party to this Agreement except to the extent to which they have
agreed in writing to be responsible for acts or omissions of the other Parry.
Article 7
Facility Funding and Construction
7.1 The plans and specifications for construction of the Facilities shall be
approved by the School Board and the City Council prior to any work
commencing on the project. All substantial modifications to the approved
Facilities design that occur during construction shall be approved by both
Parties in a timely manner so as not to unreasonably delay the project.
Q;~ergi~aht ar~d mar~a~vement nfthe r~nngtr~irtinn prnje~.t ghah be »ndPrtakPn
by the District.
7.2 The initial cost of constructing the Facilities shall be born by both Parties,
with the City contributing up to $3.5 million and the District contributing
up to $4.4 million ("Construction Funds"). Additional City contributions to
the initial construction cost shall be made only after City approval of the
additional cost.
7.3 The plans, specifications and division of costs for all subsequent capital
improvement projects concerning the Facilities shall be approved by the
governing bodies of both Parties prior to construction of the capital
improvements.
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7.4 Each party shall establish and maintain a dedicated Capital Improvement
Fund ("CIF") for their respective portions of the Facilities. The Parties
shall contribute $5,000 per year to their respective CIFs to fund future
improvements to the Facilities. To the extent any Construction Funds
remain following final completion of the Facilities, the remaining portion
of each Party's funds shall be deposited in the Party's respective CIF.
7.5 CHRC shall not have authority to issue bonds or otherwise incur debt.
Article 8
Term
This Agreement shall commence upon approval of the governing body of each
Party and signature of the official(s) with authority to bind the Party. This Agreement
shall remain in effect until rescinded or terminated in accordance with the terms
contained herein.
Article 9
Withdrawal and Termination
9.1 Following final completion of construction and payment of its share of the
construction costs, the City may unilaterally withdraw from the CHRC by
giving the District 180 days written notice of said withdrawal. Upon the
expiration of the 180 days, the City shall be deemed withdrawn, the CHRC
shall be terminated, all invoices and debt owed by the City to the District
under this Agreement shall be paid in full, and the City shall relinquish all
rights to, and interest in, the Facilities. Any personal property belonging to
the City within the Facilities, but not permanently affixed thereto, shall be
removed by the City or forfeited to the District. Upon request, the City shall
fur nosh the District v.':th a qu.t cla:m~ deed an?/or a bill of sale for the
Facilities and property contained therein.
9.2 The District may withdraw from the CHRC only for cause due to (i) breach
of this Agreement by the City, or (ii) due to other acts or omissions by the
City or its employees or agents that unreasonably interfere with the
District's ability to reasonably utilize the District Gym, Exercise Room
and/or related facilities. Such withdrawal by the District shall occur only
after (i) giving 180 days written notice to the City of the intent to withdraw
and the reasons therefore; and (ii) before or during the 180-day notice
period, attempting to resolve any defaults or disputes through discussions
with the Facilities Committee or through mediation. In the event the
default or unreasonable interference is not remedied and the 180-day notice
period expires, the District shall be deemed withdrawn, the CHRC shall be
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terminated, all invoices and debt owed by the City to the District under this
Agreement shall be paid in full, and the City shall relinquish all rights to,
and interest in, the Facilities. Any personal property belonging to the City
within the Facilities, but not permanently affixed thereto, shall be removed
by the City or forfeited to the District. Upon request, the City shall furnish
the District with a quit claim deed and/or a bill of sale far the Facilities and
property contained therein.
9.3 In the event that the District consolidates with one or more other districts
and the District campus on 49th Avenue continues to be utilized by the
consolidated district, this Agreement shall continue with the successor
consolidated district assuming all of the District's rights and obligations
contained herein.
In the event that the Facilities and the building to which they are attached
are sold by the District before March 1, 2038, the City shall be
compensated for the value of its investment in the City Gym and related
facilities as calculated by the straight line depreciation method. As of
March 1, 2038, the City gym and related facilities shall be deemed fully
depreciated and no compensation shall be due the City if the Facilities are
sold.
IN WITNESS WEREOF, the Parties have caused this Agreement to be executed
by the persons authorized to act for their respective Parties on the date shown below.
City of Columbia Heights
R~~•
,... y .
Gary L. Peterson, Mayor
Independent School District No. 13
Rv•
L~
Missy Lee, School Board Chair
By:
Walter R. Fehst, City Manager
Date:
By:
Joseph Sturdevant, Clerk
By:
Date:
Kathy Kelly, Superintendent
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