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AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS
MONDAY, NOVEMBER 9, 1992, 7:00 PM
CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH A VENUE NE
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 782-2800,
Extension 209, to make arrangements .
1.Call to Order and Roll Can
2.Pledge of Allegiance
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands,
one Nation under God, indivisible, with liberty and justice for all.
3.Consent Agenda
(All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted
as part of the Consent Agenda by one motion.)
**"'4. M-inutes of Previous Meeting{s)
5.Open Mike/Proclamations/Presentations
(Open Mike is an opportunity for residents to address or raise any issue to the City Council. However,
the City Council asks that the resident provide their name, address, and a statement of the item. The
matter will be considered by the City Council or referred to staff for a future response. In order to
expedite business, residents will be allotted five minutes to present their statement or issue.)
6.Public Hearings/Ordinances & Resolutions
a.Energy Management Program
h.Second Reading of Ordinance No. 1236, Being an Ordinance Amending Ordinance No. 853, City Code
of 1977, Pertaining to the Regulation of Skateboards, Rolle.r.;kis, Roller�1r.ates and Rollerblades on
Public and Private Grounds
c.Other Ordinances and Resolutions
7.Communications
a.Planning and Zoning Commission
1.Conditional Use Permit, Kendall Stone, 4747 Central Avenue N.E.
2.Conditional Use Permit, Frank & Jacqueline Padula, 3851 Central Avenue N.E.
3.Variance, American Handyman, 5011 Fifth Street N.E.
b.Traffic Commission
***1. Request to Install "Yield" Sign on Second Street at 45th Avenue
c.Other Communications
8.Old Business
a.Authorization to Establish Public Hearing for Consideration of Alley Lighting
b.Other Old Business
9.New Business
a.Authorization to Enter into Agreement for Executive Search Assistance in Selection of City Manager
b.Offer to Purchase Tax-Forfeit City-Owned Property Located at 572 & 578 38th Avenue NE
Recommended motion pending; more information to be distributed Friday
***c. Authorization to Enter into Agreement for Use of St. Paul's Fire Training Facility
d.Flexible Benefit Plan
e.Authorization to Obtain Quotes for Park Benches for Huset Park Skating Rink
***f. Columbia Heights Snow Removal Plan Amendments
g.Authorization for Change Order for Silver Lake Lift Station, Project No. #9120
h.Lease for Third Liquor Store
i.Repair of JP Murzyn Hall Roof
j.Other New Business
10.Reports
a.Report of the City Manager
b.Report of the City Attorney
***11. Licenses
***12. Payment of Bills
Adjournment
SWA:bj
92/169
•
Mayor
Donald J. Murzyn. Jr.
Councilmembers
Sean T. Clerkin
Bruce G. Nawrocki
Gary L. Peterson
Robert W. Ruellimann
Cit�· Manager
Stuart W. Anderson
CITY OF COLUMBIA HEIG
590 40th Avenue N. E. Columbia Heights, MN 55421-3: (612)782-2800
*
LINDA MAGE� ASSISTANT TO CITY MANAGER
November 6, 1992
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 9, 1992, in the City Council Chambers of City Hall at 590 40th A venue NE, Columbia Heights, Minnesota.
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 782-2800, Extension 209, to make arrangements.
Pledge of Allegiance
I pledge allegiance to the flag of the United States of America and to the Republic for whicJ(it stands, one Nation under God, indivisible, with liberty and justice for all.
All items listed with asterisks [* * *] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.)
RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk ("'**)on the Regular Council Agenda.
ECOMMENDED MOTION: Move to adopt t!te minutes of the Regular Council Meeting of October 26, 1992, Mfd'11ie Fire Relief Association -Board of Trustees of Oc.tohEr 2f....
�';l "" presented in writing; and such reading be dispensed with.
Ooen MikeLProcla't!n, �o-ue CL
l,UA f-,&, ) (Open Mike is an opportunity for residents to address or raise an7is7e'to the City )--� rJ: Council. However, the City Council asks that the resident provide their name, address, r(J and a statement of the item. The matter will be considered by the City Council or referred r/Z(lJ'to staff for a future response. In order to expedite business, residents will be allotted fiveU"""i' .J minutes to present their statement or issue.) L p if(\.J
·SERVICE IS OUR BUSINESS EQUAL OPPORTUNITY EMPLOYER { ;.;�
COUNCIL AGENDA Page 2 Council Meeting of November 9, 1992
./ Energy Management Program // ; o5 ·� ._.,, �OMMENDED MOTION: Move to waive the reading�the resolution, there being ample copies c)v� for the public.COMMENDED MOTION: Move to adopt Resolution 92-__ , being a resolution providing for the execution and delivery of a guaranteed energy savin�� £Owt�a;:t and a lease-p rchase OJ;?tiopgreement with Honeywell, Inc. yn,.. Di� �
�,.., ,,.
----._.,. COMMENDED MOTION: Move to enter into a seven-year a ement with H eywell to providean energy conservation program as authorized by State Statute 471.345 to provide a retrofit program, 'I-_;)
� an off -site energy management program, and a full service maintenance program as described in 'Exhibit A; and, to authorize seven annual payments of $120,490 for the payment of the new equipment and a first year payment of $53,324 for the energy management and service maintenance agreements with payments escalating as described in Exhibit A; and, �u;,thermore, to a t rij· e the "I :ayor and City Manager to sign the necessary agreements.t -', B)9:'J ..-vi Second Reading of Ordinance No. 1236, Being an Ordinance A�n�gOrdina ce N . Ji, Cit ode of 1977, Pertaining to the Regulation. of iateboards, R llerskis Roll�kates and Rollerblades onPublic and Private Grounds / � � (',-5 .,,;Q _} COMMENDED MOTION: -&:;.o wai�t,e rea ng of the o inance, there being ample copies
Move to adopt Ordinance No. 1236, Being an Ordinance Amending oioance No. 853, City Code of 1977, Pertaining to the Regulation of Skateboards, Rollerskis, ollerskates and Rollerblades on Public and Private Grounds.
efci>!nce the m;nutes of the Plann;ng ,d Zon;�g Comm;ss;o\,ai Novembe, 3, 1992.. Conditional Use Permit, Kendall �one _ _ "; J ...C � __j 4747 Central Avenue N.E. f � v-·.,::;; · RECOMMENDED MOTION: Mo to approve the Conditional Use Permit to allow the operation of a Christmas tree sales lot in then thwest corner of the K-Mart parking lot at 4747 Central A venue from November 27, 1992, through ·ecem ber 23, 1992, provided all licensing requirements
�. fulfilled. nditional Use Permit, Frank & Jacqueline�dula __ �,,,A _,)� ,_g)] 51 Central Avenue N.E. Q,,,,J/V � 0 o/RECOMMENDED MOTION: Move to app ove the Conditional Use Permit request to allow a residential dwelling unit on the second floor of the commercial property at 3851 Central A venue provided a one -hour fire separation be verified prior to occupancy of the first floor.
COUNCIL AGENDA Page 3 Council Meeting of November 9, 1992
�ariance, American Handyman 011 Fifth Street N.E. -�JRECOMMENDED MOTION: Move to appr�ve the request for a variance of 3'10" on the side yard setback to allow the construction of an ad(i.jtion on the rear of the house at 5011 Fifth Street N.E. as it will improve the liveability of the p�emises, and, provided that all work, including exterior painting of the building, be completed within six months from the date the building permit is issued. �af fic C omm;,s;on ,�efo/p.ce the minutes of the Traffic Commission of November 2, 1992.**�equest to Install "Yield" Sign on Second Street at 45th Avenue COMMENDED MOTION: Move to install a "Yield Sign" on Second Street NE at.tjth Avenue:.�::::�
o:i�::r
.:commen4a,·onofthe T fi Comm;s�n�1'�?L,/ � ..
� 'f(\�
� fJ 9fYD��l� v pl?13usiness I· ;r/0 ) · /C� c\v, Authmhatfon to sta bl;sh P)Cc Headng fo, C ons;de,at;on of Alley Light;ng 'W? ("' Jt�C/ II 1. 'M'I\' RECOMMENDED MOTION: Move to establish November 23, 1992, 7:00 PM, as a public hearin
::h:::::e�::;:::f alley fig��&P'e & p;fei!o)nu es.
,N,wBus;ness 'j'; <�. 5 {I��) A utho,;zation to Ente, ;nto Agrnem ent. to;J.c�v�,ch Asshtance ;n S electfon o f c;ty Manage, r RECOMMEND�O�ON: o L�ze J:?Mayor and City Manager to enter into anagre;.!Jlent wit . ... .. ...... :.� executive search assistance i,!i t}le selection of a ew c7 L ager. ff'::;;--�?-��-..,_f-v-.9....,_.f(JA..tA_vb � , cJ _f � ffer to Purchase Tax-Forfe�ty-Ow�ed Prt{erty Located at 572 & 578 �·,,1.,1,.:ra"IL....,.,..,._.�,,, .... v\?--Recommended motion pending; more informauon to be distributed Friday ,
thorization to Enter into Agreement for Use of St. Paul's Fire Training Facility !£COMMENDED MOTION: Move to ratify the action of the City Manager and authGtiJtth� Mayor �nd City Manager to approve the Agreement between St. Paul Fire and the City of Columbia Heights .,, . 1/ l'' \\ for us� of the St. Paul Fire Training Fa�ility for t�e purpose of fiiefighter training and testing, to be·· .. \f \ ef fecttve from Novem her 2, 1992, until cancellatton. � l� dj'.Flexible Ben e fit Piao v{)\.�1Y\ f'i RECOMMENDED MOTION: Move to authorize the --{� ity Man!?er to enJr into a three-year contract with Flex Compensation, lnc. for the d�: imple tation and administration of a .\.. �-/\,jJ �t flexible benefit plan, as outlined in the proposal dated August l,, ., -�du\�il:l;'lt\�d,o��,:::Ua ht �d
COUNCIL AGENDA Page 4 Council Meeting of November 9, 1992 ?./ r i zation to Obtain Quotes fo, Pa,k Benches fo, Huset Pa,k Skating Rink r'-lf RECOMMENDED MOTION: Move to authorize staff to obtain quotes for park ben9· es for the,.____�uset Park skating rink.( 1r> (Q� *,;6Columbia Heights Snow Removal Plan Amendments � RECOMMENDED MOTION: Move to adopt the Columbia Heights Master Plan for snow plowing, removal and ice control as submitted and approve the use of the vacant lot in the northwest corner
�
� 37th A venue and 5th Street as a snow storage site. ; , n 1� utho,ization fo, Change O,de, fo, Silve, Lake Lift Station, Prnject No. #9 0 � / D) ECOMMENDED MOTION: Move to authorize Change Order #9120-2 w1 h Ford Construction C.ertnpany of Excelsior, Minnesota, extending the completion date for the Silve ake Lift Station to ovember 27, 1992; and, furthermore, to authorize the Mayor and City Mana CJ. to execute the agreement. Lease for Third Liquor Store RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Levine Investments for 10,030 square feet located at 2241 37th Avenue NE, Columbia Heights, Minnesota, for a five-year lease at $3.65 per square foot with a five-year option at $4.25 per square foot and a second five-year option at $5.50 per square foot, and to reimburse Levine Investments for initial leasehold improvements in the amount not to exceed $35,000, and to authorize to seek bids for all other equipment needed to open the liquor store. --;:::..,-�!-Repair of JP Murzyn Hall Roof �{,Y\D ) rn cA :/ � (Sti)I attempting to get �s; may be a la:e item Mo.nday eveni ® r :-, ;J Othe,NewBusine��. z:;:1:" /t/f95 �:-I,),...,,,--.�-., _ -(1'--,,-":J i);1,-"/_ (Cf 1�� _1";:,11/v�r\ Report of the City Attorney�
. Licenses :"RECOMMENDED MOTION: Move to approve the 1992 license applications as listed upon payment of proper fees .
Payment of Bills RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn.
SWA:bj 92/169 Attachments
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 26, 1992
The Counci 1 Meeting was cal led to order at 7: 00 p .m. by Mayor Murzyn.
1.ROLL CALL
2.
3.
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
The Council approved the following items on the ConsentAgenda:
Minutes for Approval
The Counci 1 approved the minutes of the Regular Counci 1Meeting of October 12, 1992 as presented and there were nocorrections.
Resolution No. 92-33; Authorizing Agreement With Mn/DOT forTechnical Certification Tuition
The reading of the resolution was waived there being amplecopies available for the public.
RESOLUTION NO. 92-33
REIMBURSEMENT TO CITY OF COLUMBIA HEIGHTS FOR TECHNICAL CERTIFICATION TUITION
WHEREAS, the Minnesota Department of Transportation, State Aid for Local Transportation Division requires that certified technicians be used on all State Aid projects beginning on January 1, 1994, and
WHEREAS, the tuition cost for these classes is eligible for reimbursement from the Administrative Account provided Agreement No. 70081 is approved by the City Council.
THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights that the City enter into Agreement No. 70081 with the State of Minnesota, Department of Transportation, and that the Mayor and City _Manager be authorized to execute the agreement thereby assuming for and on behalf of the City al 1 of the contractual obligations contained therein.
Dated this 26th day of October, 1992.
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 2
Offered by: Seconded by: Roll ca 11:
Clerkin Nawrocki Al 1 ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota County of Anoka City of Columbia Heights
I hereby certify that the aforegoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 26th day of October, 1992, as disclosed by the records of said City in my possession.
Jo-Anne Student, Deputy City Clerk
Human Services Commission Appointment
The Council appointed Elizabeth Fairley to the Human Services Commission to a term expiring in April 1994 as recommended by the Human Services Commission.
Religious Access Channel
The Council approved the request of Cable TV North Central to move the Religious Access Channel from Channel 57 to Channel 56, effective November 18, 1992.
Award of Bid for Municipal Service Center Storage Yard Lighting
The Council awarded the bid for the Municipal Service Center storage yard lighting to Heights Electric Company of Columbia Heights, Minnesota, as the lowest qualified responsible bidder in the amount of $7,071 and authorized the Mayor and City Manager to enter into an agreement for the same.
License Applications
The Council approved the license applications as listed upon
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 3
payment of proper fees.
Payment of Bills
The Council authorized the payment of bills as listed out of proper funds.
4.APPROVAL OF CONSENT AGENDA
Motion by Clerkin, second by Nawrocki to approve the ConsentAgenda as presented. Roll call: All ayes
5.OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
6.
Mayor Murzyn read a proclamation designating the month ofNovember as Epilepsy Month. He presented the proclamation toDoug Hill, a Columbia Heights resident and a representative ofthe Epilepsy Foundation.
Councilmember Nawrocki commended Mr. Hill for his active workon behalf of the Epilepsy Foundation. He also noted that Mr.Hill had been very effective in lobbying the MinnesotaLegislature regarding controlling the high cost ofprescription drugs.
Marcia Stroik, an organizer of the Castle Heights PlaygroundCommittee, gave the Council an overview of the project and howit was realized with contributions and many hours of volunteerhelp.
The resident at 4215 Fifth Street had a number of comments hewished to make. He commented on the stop sign recently placedon Jefferson Street at 43rd Avenue. He felt this sign waseffective in slowing traffic. He inquired when signs in theCity must be brought into compliance. The City Manager advisedthe deadline for compliance is eleven months from now. Thisresident noted there are no identifying numbers on City Hall.
This resident also suggested that warning signs be installedon 40th and Mill Street to alert motorists and pedestriansabout oncoming City emergency vehicles. Counci !member Nawrockiresponded that drivers of emergency vehicles are always verycareful when entering intersections.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a.Resolution No. 92-32, Potential Refunding of 1982 SingleFamily Mortgage Revenue Bonds
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 4
Ms. Kathy Aho from Springsted Financial Advisors, the City's financial advisors, and Ms. Barbara Portwood from Holmes and Graven Law Firm, the City's bond counsel, were present for the discussion regarding the refunding.
Don Schneider, Executive Director of the City's H.R.A., briefly reviewed the resolution and attached documents.
This refunding involves issuance jointly by the City of Brooklyn Center, the City of Columbia Heights, the City of Moorhead and the Economic Development Authority of the City of Robbinsdale single family mortgage revenue refunding bonds.
Ms. Aho stated that the distribution of the funds will not take place until all four entities agree. The bonds have not been sold yet. Proceeds of $1.9 million are anticipated. If the proceeds fall below this amount, Ms. Aho will contact staff of all four entities for direction.
Councilmember Nawrocki stated he is uncomfortable with staff being asked for direction. Mr. Schneider assured him that if he is contacted he will defer the decision to the City Manager who will contact all of the Councilmembers.
Noting that there remain tax delinquencies, Councilmember Nawrocki inquired if the bond proceeds could be reserved to support present tax increment bonds. Ms. Portwood responded that there have been changes in the use of these funds since 1985. She suggested that the proposed uses would have to be reviewed.
Ms. Aho noted that if the refunding is not done at this time, the earliest bond proceeds would be available would be in 1997.
Councilmember Ruettimann felt that the costs associated with this proposed refunding are very high considering there must be some "routine" work involved.
Ms. Aho stated that all of the costs appear to be in line. Ms. Portwood felt this transaction was not an easy or "normal" type of bond counselling activity and each entity had to be addressed differently.
Councilmember Nawrocki stated his disappointment in not having the distribution of the funds finalized and noted that this refunding could be done at another time in the future.
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 5
He requested that the distribution formula be known before the Mayor and City Manager sign off on the bonds and that this information is reported back to the City Council.
Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 92-32
RESOLUTION AUTHORIZING THE ISSUANCE JOINTLY BY CITY OF BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, CITY OF MOORHEAD AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROBBINSDALE OF THEIR SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, RESIDUAL INTEREST REVENUE BONDS, SERIES 1992B IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, AND RESIDUAL INTEREST REVENUE BONDS, SERIES 1992C, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000, PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A, 462C, 469 AND SECTION 4 71. 59, AND APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED by the City Council of the City of Columbia Heights as follows:
1.City of Brooklyn Center, City of Columbia Heights, City ofMoorhead and the Housing and Redevelopment Authority of theCity of Robbinsdale, as the predecessor of the EconomicDevelopment of the City of Robbinsdale ( the "RobbinsdaleAuthority") in 1982 issued their $31,758,000 Single FamilyMortgage Revenue Bonds (the "Prior Bonds") to undertake abelow market interest rate single family mortgage loan programto finance the acquisition by low and moderate income firsttime homebuyers of single family homes located in the Citiesof Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale(the "Program") by acquiring qualifying mortgage loans (the"Mortgage Loans"). A portion of the Mortgage Loans have beenor wi 11 be transferred to the Federal National MortgageAssociation ("FNMA"), and in consideration thereof, there havebeen or will be issued certain single pool Guaranteed MortgagePass-Through Securities (collectively the "GNMA Security"),guaranteed as to timely payment of principal and interest byFNMA. Certain of the Mortgage Loans (the "Non-FNMA MortgageLoans") have not been transferred to FNMA. It is in the bestinterests of the City of Columbia Heights that (a) the City ofColumbia Heights, together with the City of Brooklyn Center,City of Moorhead and Robbinsdale Authority (together, the"Issuer") issue their Single Family Mortgage Revenue Refunding
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 6
Bonds, Taxable Series 1992A ("Series 1992A Bonds"), to refund the Prior Bonds, (b) the Issuer issue their Residual Interest Revenue Bonds, Series 1992B ("Series 1992B Bonds") and Residual Interest Revenue Bonds, Series 1992C ("Series 1992C Bonds") (the Series 1992A Bonds, Series 1992B Bonds and the Series 1992C Bonds are referred to as "Bonds"), secured on a subordinate basis to the Series 1992A Bonds to finance certain essential governmental functions of the entities which constitute the Issuer and (c) all of such Bonds be secured by the FNMA Security and the Non-FNMA Mortgage Loans. All of such Bonds shall be issued in accordance with the Joint Powers Agreement described herein. The Issuer will issue the bonds pursuant to the three separate Indentures of Trust hereinafter referred to, and will apply the proceeds of such Bonds as provided in such Indentures of Trust and in other documents hereinafter referred to, pursuant to Minnesota Statutes, Chapters 462A and 462C (the "Act") and Minnesota Statutes, Section 471.59 (the "Joint Powers Act").
2.The following documents (including the exhibits referred totherein) have been submitted to the City of Columbia Heigtsfor approval:
a.Three separate Indentures of Trust, each dated October 1,1992 (the"1992A Indenture, 1992B Indenture and 1992CIndenture" respectively), to be made and entered intobetween the Issuer and First Trust National Association,as trustee (the "Trustee"), providing for the issuance ofthe Bonds, prescribing the form thereof, pledging thetrust estate described therein for the security of theBonds, and setting forth proposed recitals, covenants andagreements by the parties with respect thereto;
b.The Amendment to Program Administration and ServicingAgreement, dated as of October 1, 1992 (the "ServicingAgreement"), between the Issuer, the Trustee and theServicer, which amends and supplements that certainProgram Administration and Servicing Agreement, dated asof December 29, 1982, executed in connection with theissuance of the Prior Bonds;
c.An Amended and Restated Joint Powers Agreement, dated asof October 1, 1992 (the "Joint Powers Agreement"), by andbetween each of the entities which comprise the Issuer,providing, among other things, for the joint undertakingof the Program and the issuance of the Bonds by theIssuer;
d.A Purchase Contract, to be dated as of the date of
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 7
of execution thereof ( the "Purchase Contract") by and between the Issuer and Miller & Schroeder Financial, Inc. (the "Purchaser") providing for the purchase of the Bonds by the Purchaseri and
e.A First Amendment to Prior Indenture, dated as of October
1, 1992, between the Issuer and the Trustee, amendingcertain terms of the indenture of trust pursuant to whichthe Prior Bonds were issuedi and
f.An Escrow Agreement, dated as of October 1, 1992, betweenthe Issuer and the Prior Trustee, to provide for thedefeasance and payment of the Prior Bonds using proceedsfrom the Series 1992A Bonds.
The Agreements described and referred to in paragraphs a through f above, shall hereinafter sometimes be referred to collectively as the "Agreements."
3.It is hereby found, determined and declared that:
a.The issuance of the Bonds and the defeasance of the PriorBonds are authorized by the Act and the Joint Powers Actiand the Program and financing program therefor have beenapproved as required by Sections 462C.0l and 462C.04 ofthe Act;
b.The issuance and sale of the Bonds by the Issuer, and theexecution and delivery of the Agreements and theperformance of all covenants and agreements of the Issuercontained therein and all other acts and things requiredunder the Constitution and Laws of the State of Minnesotato make the Agreements and the Bonds valid and bindingobligations of the Issuer in accordance with their terms,are authorized by the Act and the Joint Powers Acti
c.The issuance of the Bonds for the purposes and in themanner contemplated by the Agreements conforms or willconform to all pertinent statutes, regulations andordinances of the State of Minnesota, and the Issuer;
d.It is desirable that the Bonds in the aggregate principalamounts not to exceed the amounts set forth at Exhibit Abe issued by the Issuer, on the terms set forth in therespective Indentures and the Purchase Contract, and atinterest rates not to exceed those rat es set forth atExhibit A;
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 8
e.The payments required or provided for by each of theIndentures are intended to produce income and revenuessufficient to provide for the payment when due ofprincipal and interest on all Bonds issued under therespective Indentures, provided that it is understoodthat the Series 1992B Bonds shall be subordinate to theSeries 1992A Bonds, and the Series 1992C Bonds shall besubordinate to both the Series 1992A Bonds and the Series1992C Bondsi and
f.Pursuant to the provisions of the Act, and as provided inthe respective Indentures and the Joint Powers Agreement,the Bonds shall be retired solely from the revenuespledged thereto pursuant to the respective Indentures anda separate sinking fund shal 1 be established for theaccounting of the revenues and retirement of the Bonds.
4.The Agreements are hereby approved either in the forms onfile with the City of Columbia Heights on the date hereof, orin such forms as may be approved by the Mayor and CityManager. Such of the Agreements as require the execution ofthe City of Columbia Heights are hereby authorized anddirected to be executed or accepted, as the case may be, anddelivered in the name and on behalf of the City of ColumbiaHeights by its Mayor and City Manager upon execution thereofby the parties thereto as appropriate, and upon final approvalof the form thereof by the Mayor. The Bonds and the Agreementsshall be executed and delivered as provided therein.
5.The Trustee is hereby authorized to execute and deliversuch instruments for the investment of th� proceeds of theBonds shall be satisfactory to the City Manager.
6.The form and terms of the Agreements may be varied prior toexecution and delivery by the parties thereto, provided thatany such variance shall not be, in the opinion of the CityManager, materially adverse to the interests of the City ofColumbia Heights. The execution and pelivery of the Agreementsshall be conclusive evidence of the determination that anysuch variance was not materially adverse to the interests ofthe City of Columbia Heights.
7.In anticipation of the collection of revenues of theProgram, there shall be issued forthwith Bonds, in theprincipal amount not to exceed the amounts set forth atExhibit A, substantial I y in the forms set forth in therespective Indentures, the terms of which are for this purposeincorporated in this resolution and made a part hereof as iffully set forth herein. The Bonds shall mature on
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 9
approximately such dates and bear interest at rates not exceeding those set forth at Exhibit A.
8.All actions of the members, employees and staff of the Cityof Columbia Heights heretofore taken in furtherance of theProgram are hereby approved, ratified and confirmed.
9.The sale of said Bonds to the Purchaser at price of theprincipal amount thereof plus accrued interest is herebyapproved, and the Bonds are hereby directed to be sold to thePurchaser, subject to the terms and conditions set forth inthe Purchase Contract. The Mayor and City Manager of the Cityof Columbia Heights are hereby authorized and directed toprepare and execute by manual or facsimile signature the Bondsas described in the respective Indentures and to cause them tobe delivered to the Trustee (which is herein designated as theauthenticating agent under Minnesota Statutes, Section 475.55)for authentication and delivery to the Purchaser, togetherwith a certified copy of this resolution, and the otherdocuments required by the respective Indentures.
10.The Mayor, City Manager and other officers of the City ofColumbia Heights are authorized and directed to prepare andfurnish when the Bonds are issued, certified copies of allproceedings and records of the City of Columbia Heightsrelating to each series of Bonds and such other affidavits andcertificates (including but not limited to those required bybond counsel) as may be required to show the facts relating tothe legality, tax exemption and marketability of the Bonds assuch facts appear from the books and records in said officerscustody and control or as otherwise known to themi and allsuch certified copies, certificates and affidavits, includingany heretofore furnished, shall constitute representations ofthe City of Columbia Heights as to the truth of all statementsmade on behalf of the City of Columbia Heights and containedtherein. The Mayor, City Manager and said officers are furtherauthorized to execute such additional documents as shall bedetermined by the City Manager to be necessary and desirableto provide for the issuance of the·Bonds.
11.In the event any of the officers of the City of ColumbiaHeights authorized to execute documents on behalf of the Cityof Columbia Heights under this resolution shall for any reasonbe unable to do so, any member of the City Council of the Cityof Columbia Heights, or any other officer of the City of Columbia Heights, is hereby directed and authorized to do soon behalf of the City of Columbia Heights, with the sameeffect as if executed by the officer authorized to do so inthis resolution.
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 10
12.The City of Columbia Heights has been advised by thePurchaser of its intent to prepare and distribute OfficialStatements and/or similar offering materials in connectionwith the Purchaser's marketing of the Bonds, and the City ofColumbia Heights consents to the same.
Adopted this 26th day of October, 1992.
Offered by: Nawrocki Clerkin Seconded by: Roll call: Nawrocki, Clerkin, Peterson, Murzyn -aye Ruettimann -nay
b.Second Reading of Ordinance No. 1254 c Being an OrdinanceAmending Ordinance No. 853, Columbia Heights Zoning Code,Pertaining to Non-Conforming Lots
Motion by Clerkin, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1254
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, COLUMBIA HEIGHTS ZONING CODE, PERTAINING TO NON-CONFORMING LOTS
The City of Columbia Heights does ordain:
SECTION l: Chapter 9, Article I, Section 4, 9.104(4), of Ordinance No. 853, Columbia Heights, which currently reads as follows, to wit:
Section 4 GENERAL PROVISIONS
9.194(4) Lot Provisions
A lot or lot of record shall be deemed a buildable lot provided it has frontage on a public right-ofway and said space requirements for the district in which it is located or adjusted to conform as follows:
(a)A lot or lot of record upon the effective dateof this Ordinance which is in an "R" District andwhich does not meet the requirements of thisOrdinance as to area or width, may be utilized forsingle family detached dwelling purposes providedthe measurements of such area, width or open spaceare within sixty percent (60%) of the requirements
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 11
of this Ordinance; but said lot or parcel shall not be more intensively developed.
(b)There shall be no more than one (1) principalbuilding on one lot except as provided underSection 9�116(17).
is herewith amended to read as follows:
Section 4 GENERAL PROVISIONS
9.104(4) Lot Provisions
A lot or lot of record shall be deemed a buildable lot provided it has frontage on a public right-ofway and said space requirements for the district in which it is located or adjusted to conform as follows:
(a)A lot or lot of record upon the effective dateof this Ordinance which is in an "R" District andwhich does not meet the requirements of thisOrdinance as to area or width, may be utilized forsingle family detached dwelling purposes providedthe measurements of such area meet 100% of thefront yard, side yard and rear yard setbackrequirements of Article I, Section 8, of thisOrdinance, and 60% of the Minimum Lot Area or LotWidth requirements of Article I, Section 8, of thisOrdinance; but said lot or parcel shall not be moreintensively developed.
{b) There shall be no more than one (1) principal building on one lot, except as provided under Section 9.116(17).
SECTION 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading: Second Reading: Date of Passage:
Offered by: Seconded by: Roll call:
September 14, 1992 October 26, 1992 October 26, 1992
Clerkin Peterson All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 12
c.Resolution No. 92-34; Adopting the Memorandum ofUnderstanding Between the City of Columbia Heights andthe Public Managers' Association
Motion by Nawrocki to table this item for additional information at a Council Work Session. Motion fails for lack of a second.
Councilmember Nawrocki noted that the proposed salary rates are significantly higher than those of cities of similar size in the Stanton Survey. He inquired how salary ranges and actual salaries compare. Staff was not prepared to answer this inquiry.
The City Manager advised that the proposed salaries reflect a compromise in that no one actually reaches the top. Counci !member Ruet timann observed that movement within the range was to be based on performance reviews.
Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 92-34
BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS AND PUBLIC MANAGERS' ASSOCIATION
BE IT HEREBY RESOLVED by the City Counci 1 of the City of Columbia Heights that:
WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1993 and 1994;
WHEREAS, a copy of said Memorandum-of Understanding will be made available for inspection at the Office of the City Manager and is made part hereof by reference:
NOW, THEREFORE BE IT RESOLVED that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1993 and 1994 for Public Managers' Association bargaining unit employees of the City.
BE IT FURTHER RESOLVED that the Mayor and City Manager are
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 13
hereby authorized to execute this agreement.
Passed this 26th day of October, 1992.
Offered by: Seconded by: Roll call:
Ruettimann Peterson Clerkin, Ruettimann, Peterson, Murzyn -aye Nawrocki -abstain
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
d.Resolution No. 92-35; Being a Resolution Concerning aConstitutional Amendment to Create a New PropertyTaxpayers' Trust Fund in Minnesota
Motion by Nawrocki, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 92-35
BEING A RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO CREATE A NEW PROPERTY TAXPAYERS' TRUST FUND IN MINNESOTA
WHEREAS: The State of Minnesota enacted a 3% State sales tax in 1967 with the promise to voters that some of the money would be returned to them in the form of lower property tax relief for property taxpayers; and
WHEREAS: In 1991, the Governor and State Legislature approved the addition of a 1/2%.increase in the State sales tax, raising it from 6% to 6 1/2% with two cents dedicated to fund the Local Government Trust Fund which is created to continue the State's commitment to local property tax relief; and
WHEREAS: In 1992, the Governor and State Legislature extended the 6 1/2% sales tax to local government purchases with the promise of continued property tax relief through the Local Government Trust Fund; and
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 14
WHEREAS: Each year local governments are forced to combat continued attempts to reduce the levels of State revenue dedicated to local property tax relief through cuts in programs such as Local Government Aids; and
WHEREAS: It is anticipated that the State will face another budget deficit in 1993, making cuts in local property tax relief programs tempting ways to solve the State's budget problems; and
WHEREAS: Governor Car 1 son has a 1 ready public 1 y announced that he will concentrate on eliminating local property tax relief programs during the upcoming legislative session; and
WHEREAS: The League of Minnesota Cities and the Association of Metropolitan Municipalities have taken positions supporting a constitutional amendment dedicating two cents of each six and one half cents collected from the State sales tax to the Local Government Trust Fund if such dedication cannot be assured statutorily.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights strongly urges the League of Minnesota Cities and the Association of Metropolitan Municipalities make one of their 1993 priorities support of a constitutional amendment dedicating two cents of each six and one half cents collected by the State sales tax to a new Property Taxpayers' Trust Fund.
Passed this 26th day of October, 1992.
Offered by: Seconded by: Roll call:
Nawrocki Peterson All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Stude�t, Council Secretary
7.COMMUNICATIONS
There were no additional communications. All other communications had been addressed on the Consent Agenda.
8.OLD BUSINESS
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 15
a.Award of Bid -1993 Shared Ride Contract
Motion by Nawrocki, second by Ruettimann to award the Alternative A Bid for the Shared Ride Para-Transit Program contract to Yellow Taxi Service Corporation for calendar year 1993, based upon low responsible bid received; and that the Mayor and City Manager be authorized to enter into a contract for same subject to approval by the Regional Transit Board. Roll call: All ayes
9.NEW BUSINESS
a.Award of Bid for Park Building Accessibility ImprovementProject
A total of $42,928 in CDBG money was budgeted for this project. The Public Works Director presented information as to the costs for making the Silver Lake Beach building accessible.
Councilmember Nawrocki questioned the wisdom of including the Lake building for improvements in that it may not remain open in the future. He recommended that the building at Southwest Park be included in the project which would still keep it within the budgeted amount.
Motion by Nawrocki, second by Ruet t imann to award the Park Building Accessibility Improvement project for McKenna Park, Huset Park, Prestemon Park, Mathaire Park and Southwest Park to KM Building Company, Inc. of Minneapolis as the lowest qualified responsible bidder in the amount of $38,070, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes
b.Authorization to Attend Fleet Maintenance Advanced Training Course
Councilmember Nawrocki questioned why two employees are requesting to attend this conference rather than one. The Public Works Director responded that Tom Hosch performs the day to day fleet work and Barb Sandberg administers the program, generates the reports and does the analyses.
Motion by Nawrocki to authorize the attendance of one employee to the Fleet Maintenance Advanced Training Course. Motion dies for lack of a second.
Motion by Peterson, second by Clerkin to authorize the attendance of Tom Hosch and Barb Sandberg at the Fleet
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 16
Maintenance Advanced Training Course by HSB Reliability Technologies Corporation to be held November 14 -18, 1992 in Lakeland, Florida. Roll call: Clerkin, Ruettimann, Peterson, Murzyn -aye Nawrocki -abstain
c.Furnace and Air Contio.ning Condenser Replacement -LiquorStore# 3
Counci lmember Nawrocki recalled that at the last Counci 1 Meeting only repair of the furnace was authorized. Other Councilmembers felt the staff was directed to investigate both the furnace and the air conditioning.
Motion by Murzyn, second by Ruettimann to ratify the action of the City Manager to replace the furnace and air conditioning condenser at Liquor Store# 3 by Anderson Heating in an amount of $6,359 based on low quotation. Roll call: Clerkin, Ruettimann, Peterson, Murzyn -aye Nawrocki -nay
d.Authorization to Establish Public Consideration of Alley Lighting Hearing for
This hearing would be to consider alley lighting in the alley between Pierce and Fillmore Streets, 46th to 47th Avenues.
A petition was circulated to the residents and property owners of parcels which would be assessed for this lighting. The City Manager noted that the petition determined there was considerable support for the project, but the persons who own the majority of the properties were not supportive.
Councilmember Nawrocki inquired if the owner occupied signators had been determined. He was advised that this had not been done. The City Attorney was requested to define "resident" property owner. He will do this and report back to the Council.
Motion by Ruettimann, second by Murzyn to table this matter for additional information. Roll call: All ayes
e.Audit Proposals for 1992-1994 Audit
Motion by Nawrocki, second by Clerkin to authorize the Mayor and City Manager to enter into an agreement with Deloitte &Touche to perform the City, the Fire Relief Association and the Housing and Redevelopment Authority (subject to the concurrence of the HRA) audits for the years 1992 through 1994.
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 17
Councilmember Nawrocki requested that before an agreement is signed, staff contact Deloitte & Touche to show them the City's books and to request that the City get as a firm a bid as possible. He advised if there are any discrepancies, the matter should be returned for Council consideration.
Roll call: Clerkin, Nawrocki, Murzyn -aye Ruettimann, Peterson -nay
f.Honeywell Proposal
Noting that the City has a Science, Technology and Energy Commission, Councilmember Nawrocki felt the Honeywell Proposal should be referred to the Commission before the Council takes action on it.
Motion by Nawrocki that the Honeywell Proposal be referred to the Science, Technology and Energy Commission for its review and recommendations. Motion dies for lack of a second.
g.Community Housina Affordability Study
Councilmember Nawrocki noted that the cost figures contained in the Community Housing Affordability Study reflect that the Metropolitan Council receives about two thirds of the administrative costs for administering Section 8 housing. He felt there would be an advantage for the Section 8 housing program to be handled either on a local level or countywide.
The HRA's Executive Director will prepare comments for presentation based on this observation.
h.Gangs and Gang Control
Councilmember Ruettimann requested the City Manager and Police Chief review documents which address gangs and gang control being done by the City of Minneapolis.
i.HRA to Become a City Department
Councilmember Nawrocki requested information regarding the HRA becoming a City department. Mayor Murzyn advised this will be addressed at the October 27th Council work session.
10.REPORTS
a.Report of the City Manager
The City Manager's report was submitted in written form and
REGULAR COUNCIL MEETING OCTOBER 26, 1992 PAGE 18
the following items were discussed:
Local Government Aid: The City Manager advised that the information packet in the agenda was prepared by the North Metro Mayors' Association for the League of Minnesota Cities. Councilmember Nawrocki inquired when the local government aid formula will be ready. The City Manager responded it should be ready in about four weeks.
Overlay/Milling Project -44th Avenue: Councilmember Nawrocki has noticed there are sharp drop offs on the overlay project being done on 44th Avenue. He felt there should be better warnings of these drop offs as they could damage vehicles if they are going very fast. The Public Works Director agreed and has observed that the millings which are done with perpendicular cuts decrease the possibility for damage.
b.Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Peterson, second by Nawrocki to adjourn the meeting at 10:20 p.m. Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION OCTOBER 26, 1992
1.CALL TO ORDER
The Board of Trustees Meeting was called to order at 10:20p.m. by Mayor Murzyn.
2.ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present
3.NEW BUSINESS
a.Retirement of Ron Chan -Volunteer Firefighter
Motion by Ruettimann, second by Peterson to accept the resignation, due to retirement, of Ronald E. Chan from the Columbia Heights Fire Department effective October 21, 1992, and furthermore, to schedule pens ion payment through the Volunteer Division Relief Association beginning one month from October 21, 1992. Roll call: All ayes
4 . ADJOURNMENT
Motion by Peterson, second by Ruettimann to adjourn the Board of Trustees Meeting at 10:22 p.m. Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
RESOLUTION NO. ___ _
A RESOLUTION PROVIDING FOR TIIE EXECUTION AND DELIVERY
OF A GUARANTEED ENERGY SAVINGS CONTRACT
AND A LEASE-PURCHASE OPTION AGREEMENT
WITH HONEYWELL, INC.
BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota
(the "City"), as follows:
1.Authority. The City is, by the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Section 465.71, as amended, authorized to enter into lease-purchase
agreements to finance energy saving improvements and equipment.
2.Documents Presented. Honeywell, Inc. (the "Provider"), has proposed to this Board
that the City enter into a guaranteed energy savings contract (the "Service Agreement") and a Lease
Purchase Option Agreement as described below. Forms of the following documents (each to be dated
as of November 1, 1992 or such other date or dates as shall be mutually agreed upon) have been
submitted to the City and are now on file:
(a)Service Agreement between the City and the Provider, whereby the Provider agrees
to furnish certain energy saving improvements (the "Improvements") and guarantees that the
energy or operating cost savings will meet or exceed the costs of the Improvements; and
(b)Lease-Purchase Option Agreement (the "Lease"), whereby the Provider, as lessor,
agrees to lease the Improvements to the City, as lessee, and grants the City an option to purchase
the Improvements as provided therein, and the City agrees to pay payments ("Rental Payments")
including principal and interest components in monthly installments during the term of the Lease;
and
(c)Escrow Agreement (the "Escrow Agreement") among the Provider, the City and First
Trust National Association, Saint Paul, Minnesota, as Escrow Agent, authorizing the execution
and delivery by the Escrow Agent of Certificates of Participation (the "Certificates"), evidencing
proportional interests of the owners thereof in the Rental Payments to be made by the City under
the Lease.
3.Findin�s. It is hereby found, determined and declared that:
(a)The amount to be saved in energy and operation costs over ten years from the date
of installation is likely to exceed the amount the City would spend on the energy conservation
measures to be undertaken pursuant to the Service Agreement, and in the Service Agreement the
Provider provides a written guarantee that the energy or operating cost savings will meet or
exceed the costs of the Improvements.
(b)There is no litigation pending or, to the best of its knowledge, threatened against the
City relating to the Improvements, the Lease or the Certificates, or questioning the organization,
powers or authority of the City.
(c)The execution, delivery and performance of the City's obligations under the Service
Agreement, the Lease and the Escrow Agreement do not and will not violate any order of any
court or other agency of government of which the City is aware or in which the City is a party,
or any indenture, agreement or other instrument to which the City is a party or by which it or
any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due
notice or lapse of time or both) a default under any such indenture, agreement or other
instrument.
4.Approval, Execution and Delivery of Service �reement, Lease and Escrow
�reement. The City shall proceed forthwith to enter into the Service Agreement, the Lease and the
Escrow Agreement, and the City hereby approves a purchase order (the "Purchase Order") between
Honeywell, Inc. and Miller & Schroeder Financial, Inc. (the "Underwriter") providing for a purchase
of all Certificates by the Underwriter which produces net proceeds (after payment of costs of issuance
as provided in the Escrow Agreement) in an aggregate amount sufficient to provide not more than
$639,823 of Improvements and not more than six months' capitalized interest at an effective cost to the
City not to exceed 6.80% per annum. The Certificates shall mature and be subject to redemption at the
times and in the amounts, bear interest at the rates, and contain such other terms, as set forth in the
Escrow Agreement, which terms are for this purpose incorporated in this resolution and made a part
hereof.
S.Approval and Execution of Documents. The forms of Service Agreement, Lease
and Escrow Agreement referred to in paragraph 2 are approved. The Assignment of Provider to Escrow
Agent of all Provider's right, title and interest in and to the Lease and Rental Payments, for the benefit
of owner of Certificates is also hereby approved. The Service Agreement, the Lease and the Escrow
Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Manager,
or other officers of the City, in substantially the form on file, but with all such completions and changes
therein, not inconsistent with Minnesota Statutes, Section 465. 71 or other law, as may be approved by
the officers executing the same, which approval shall be conclusively evidenced by the execution thereof.
Copies of all documents shall be delivered and filed as provided therein.
6.Offering Memorandum. In connection with the offer and sale of Certificates by the
Underwriter, the City hereby approves the circulation by the Underwriter of an Offering Memorandum
describing the Certificates and related matters, provided the Offering Memorandum (including any
preliminary Offering Memorandum, shall be in such form as the Mayor or City Manager, with the advice
of legal counsel to the City, shall approve. The City shall cause to be provided to the Underwriter, no
later than seven days after approval of the final Offering Memorandum, but in any event in sufficient time
to accompany any confirmation sent by the Underwriter to any purchaser of the Certificates, sufficient
copies of the Offering Memorandum to satisfy the Underwriter's obligations under Rule 15c2-12 of the
Securities Exchange Act of 1934 with respect to the distribution of the Offering Memorandum.
7.Designation under Internal Revenue Code Section 26S(b). The City hereby
designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b) of the Internal
Revenue Code of 1986, as amended (the "Code"). The reasonably anticipated amount of tax-exempt
obligations which will be issued by the City in the current calendar year does not exceed $10,000,000.
8.Tax Matters. The City expects that the Lease will be exempt from the arbitrage
rebate requirements of Section 148(f) of the Code, by reason of the exception provided in Section
148(f)(4)(B) (relating to obligations the gross proceeds of which are expended no later than six months
-2-
after the date of issue) or (if applicable) the exception provided in Section 148(f)(4)(D) (relating to
obligations issued during a calendar year in which the issuer does not reasonably expect to issue more
than $5 million of we-exempt obligations). The City agrees, however, that it will comply with the
requirements of Section 148(f) of the Code to the extent applicable, and it will not cause the proceeds of
sale of the Certificates to be invested or used in such a manner as to cause the Lease to be deemed an
"arbitrage bond" under Section 148 of the Code, a "private activity bond" under Section 141 of the Code,
or an "advance refunding bond" under Section 149(d) of the Code.
9.Certificates, etc. The Mayor, the City Manager and other officers of the City are
authorized and directed to prepare and furnish to bond counsel, the Provider, the Escrow Agent and the
Underwriter certified copies of all proceedings and records of the City relating to the Service Agreement,
the Lease, the Offering Memorandum (including certification that the Offering Memorandum is deemed
"final" as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of
1934), and such other affidavits and certificates as may be required to show the facts appearing from the
books and records in the officers' custody and control or as otherwise known to them; and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements contained therein.
Adopted: -----' 1992
City ____ _
MFF01570. WPS
-3-
CITY OF COLUMBIA HEIGHTS
MEETING OF: November 9. 1992
AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MGR
NO: 6 CITY MANAGER'S APPROVAL
ITEM: ENERGY MANAGEMENT PROGRAM BY: S. W. ANDERSON BY:
NO: b-A .. DATE: 11/05/92
In April, representatives of Honeywell contacted the Mayor and City Manager about their Municipal Services
Program. After a brief introductory meeting, a more formal presentation was made to the City Council at
a work session on April 28, 1992. As a result of that meeting, at the Regular Council Meeting of May 11,
1992, the Council authorized the signing of a Letter of Intent to proceed with a preliminary evaluation.
The results of the preliminary evaluation were presented to the City Council at a work session on September
3, 1992. At the Regular Council Meeting of September 14, 1992, the Council authorized the Mayor and City
Manager to sign a second Letter of Intent to proceed with the in -depth analysis. The results of that analysis,
including the guaranteed energy savings, the retrofit of equipment, and the conditions of the service
agreement and energy management program are all contained in the contract labeled as Exhibit A.
This exhibit has been reviewed by the attorney and staff. Over the past few weeks in response to questions
or concerns expressed by the Council, attorney or staff, many changes or deletions have been made to arrive
at this final document.
The legal notice for this meeting as required by the State Statute has been published in the Focus on
November 3, 1992. The City staff recommends to the Council that the agreement be entered into.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 92-__ , being a resolution providing for the
execution and delivery of a guaranteed energy savings contract and a lease-purchase option agreement with
Honeywell, Inc.
RECOMMENDED MOTION: Move to enter into a seven-year agreement with Honeywell to provide an
energy conservation program as authorized by State Statute 4 71.345 to provide a retrofit program, an off -site
energy management program, and a full service maintenance program as described in Exhibit A; and, to
authorize seven annual payments of $120,490 for the payment of the new equipment and a first year payment
of $53,324 for the energy management and service maintenance agreements with payments escalating as
described in Exhibit A; and, furthermore, to authorize the Mayor and City Manager to sign the necessary
agreements.
COUNCIL ACTION:
1.
2.
3.
4.
5.
6.
7.
8.
9.
COLUMBIA HEIGHTS
MUNICIPAL SERVICES PROGRAM
SYSTEMS IMPROVEMENT ANALYSIS
Structural Upgrades $7,000
Energy Management Systems $50,500
Mechanical Systems $98,114
Temperature Control Systems $65,000
Electrical Systems $253,500
Pump Stations $123,000
Vehicle Exhaust Retrofit $35,000
Air Distribution Retrofit $29,300
Indoor Air Quality $5,000
$666,414
CITY OF COLUMBIA HEIGHTS
SYSTEM IMPROVEMENTS
The following list describes many of the equipment upgrades, retrofits, and
enhancements included in the City of Columbia Heights' Municipal Services Program
Although this list is comprehensive, it is not all inclusive of the improvements to be
made to the Columbia Heights Facility.
1.STRUCTURAL UPGRADES
Caulking -Murzyn Hall
City Hall
Library
Park Warming Houses
Insulation -Murzyn Hall
Windows -City Hall (Police Area)
Weather Stripping -Library
2.ENERGY MANAGE1\1ENT SYSTEMS
Boiler Alarm System -Murzyn Hall
Motion Detectors for Lighting -Murzyn Hall
Energy Management System Equipment, Controls,
Components, Software with Remote Communication Tie
for Monitoring and Control from Honeywell Building
Service Center -Murzyn Hall
City Hall
Service Garage
Top Value Liquor
Computer Room A/C Hot Gas Bypass System and Space
Sensor -City Hall
Timers and Thermostats for Energy Management -City Hall
Shop Air Compressor Occupancy Control -Service Garage
All relays, alarms, switches, start/stop controls for EMS -
Top Value Liquor
City Hall
Murzyn Hall
3.l\IBCHANICAL SYSTEMS
Steam Traps -Murzyn Hall
Hydronic Heat Pumps/Bearing Assemblies -Murzyn Hall
Boiler Alarm System -Murzyn Hall
Fan Zoning System -Murzyn Hall
Computer Room A/C Hot Gas Bypass System and Space
Sensor -City Hall
Replace and/or calibration of VA V control systems -City Hall
Exhaust Fans Interlock System -City Hall
Zone Pump Controllers -City Hall
Timer switch system for fire hose exhaust fan -City Hall
Air Duct in Huset Park -Park Warming
Safety low limit protection -Park Warming
60 hp Water Pumps -Pump House #2
Modification of make-up air units control systems -Service
Garage
Ceiling Fans -Top Value Liquor
4.TEMPERATURE CONTROL SYSTEMS
Temperature Control Set-back System -Heights Liquor
Park Warming
Pump House #2
Pump House #3
City Hall (Police Department)
Fan Zoning System -Murzyn Hall
Dormitory Occupancy System -City Hall
Rooftop Economizer Controls Systems -City Hall
Replace and/or calibration of VAV control systems -City Hall
Exhaust Fans Interlock System -City Hall
Zone Pump Controllers -City Hall
Manual timer with automatic shut-off for training room -City
Hall
Boiler Lockout Control System -Service Garage
Library
Sequence and Control Strategy for Unit Heaters -Service
Garage
Shop Air Compressor Occupancy Control
Modification of make-up air units control systems -Service
Garage
5.ELECTRICAL SYSTEMS
Motion Detectors for Lighting -Murzyn Hall
Lighting Retrofit -Heights Liquor
Murzyn Hall
City Hall
Park Warming Houses
Service Garage
Athletic Fields
Top Value Liquor
Fan Zoning System -Murzyn Hall
Exhaust Fans Interlock System -City Hall
Timer Switch System for Fire Hose Exhaust Fan -City Hall
Capacitors for Power Factor Correction -Murzyn Hall
Sequence and Control Strategy for Unit Heaters -Service
Garage
Modification of make-up air units control systems -Service
Garage
Ceiling Fans -Top Value Liquor
6.PUMP STATIONS
60 hp Water Pumps -Pump House #2
Capacitors for Power Factor Correction -Pump House #2
Pump House #3
Repiping of feed lines to pump station -Pump House #2
7.VEIIlCLE EXHAUST RETROFIT
Fire Truck Bay Diesel Fume Exhaust Systems with Door
Switches -City Hall
8.AIR DISTRIBUTION RETROFITS
Return Air System for Judge's and Mayor's Area -City Hall
Air Handling Units Distribution Balancing -City Hall
Replace and/or calibration of VA V control systems -City Hall
Rezone control and balance of toxic-alert systems -Service
Garage 9.INDOOR AIR QUALITY
Indoor air quality diagnostics study and report -City Hall
(Includes all labor, test equipment, lab time as required, etc.)
Tox Alert programming and sensitivity adjustment calibration -Service
Garage
CITY OF COLUMBIA HEIGHTS
ASSET VALUE CALCULATION
Initial Investment:
Average Equipment Life:
$666,614/25 = $26,665/year
Impact of component replacement service:
$666,614
25 years
$26,665 x .75 = $19,999/annual depreciation on initial investment
Annual Honeywell Service Agreement ($53,324/year) is an asset which continues to add
value to the initial investment and extends the equipment's useful life.
7 YEAR ANALYSIS
$666,614
-19,999
1 $646,615 +$53,324 -$699,939
2 $626,617 +$53,324 -$679,941
3 $606,618 +$53,324 -$659,942
4 $586,619 +$53,324 -$639,943
5 $566,620 +$53,324 -$619,944
6 $546,621 +$53,324 -$599,945
7 $526,622 +$53,324 -$579,946
RESOLUTION NO. ___ _
A RESOLUTION PROVIDING FOR 11IE EXECtJTION AND DELIVERY OF A GUARANTEED ENERGY SAVINGS CONTRACT AND A LEASE-Pl.JR.CHASE OPTION AGREE�'T WI1H HONEYWELL, INC.
BE IT RESOLVED by the City Council of the City of Columbia Heights. MiMesota (the "City"). as follows:
1.Authoritt, The City Is. by the Constitution and laws of the State of Minnesota,including MiMesota Stan.ates. Section 465.71. as amended, authorized to enter into lease-purchase agreements to finance energy savin& improvements and equipment.
2.Documents Presented. Honeywell, Inc. (the "Provider"), has proposed to this Boardthat the City enter into a guaranteed energy savings contract (the "Service Aareement") and a Lease� Purchase Option Agreement as described below. Forms of the followlni documents (each to be dated as of November 1, 1992 or such other date or dates as shall be mutually qrced upon) have been submitted. to the City and are now on file:
(a)Service Agreement between the City and the Provider, whereby the Provider agrees
to furnish certain energy savine improvements (the "Improvements") and guarantees that the energy or operating cost savings will meet or exceed the costs of the Improvements; and
(b) Lease-Purchase Option Agreement (the "Lease"), whereby the Provider, as l�ssor, agrees to lease the Improvements to the Clty, as lessee. and il'ants the City an option to purchase the Improvements as provided therein, and the City agrees to pay payments ("Rental Payments w ) including principal and interest components in monthly installments durin& the term of the Lease; and
(c)Escrow Agreement (the "Escrow Aareement") ainone die Provider, the City and FirstTrust National Association, Saint Paul, Minnesota. as Escrow Aaent, authorizin1 the execution and delivery by the Escrow Agent of Certificates of Participation (the "Certificates"), evidencini proportional interests of the owners thereof in the Rental Payments to be made by the City under the Lease.
3.Findines. It is hereby found, determined and declared that:
(a)The amount to be saved in energy and operation costs over �s from the dateof installation is likely to exceed the amount the City would spend on i!i'e �nergy conservation measures to be undertaken pursuant to the Service A&recmcnt, and in the Service Agreement the Provider provides a written guarantee that the energy or operatlnl cost savings will meet or exceed the costs of the Improvements.
(b) There is no litigation pending or, to the best of its knowledge. threatened aiainst the City relating to the Improvements, the Lease or the Certificates, or questionini the organization, powers or authority of the City.
(c)The execution, delivery and performance of the City's obligations under the ServiceAgreement, the Lease and the Escrow Agreement do not and will not violate any order of any court or other agency of eovernment of which the City Is aware or in which the City Is a party, or any indenture, agreement or other instrument to which the City ls a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of ·time or both) a default under any such indentu.rc, aareemcnt or other instrument.
4.Approyal. Execution and Delivery o[ Service Agrtement, Lease and E..;crowAlmment. The Clty shall proceed forthwith to enter into me Service Aareement, the Lease and the Escrow Agreement, and ?he City hereby approves a purchase order (the "Purchase Order") between Honeywell, Inc. and Miller & Schroeder Financial, Inc. (the "Underwriter") providini for a purchase of all Certificates by the Underwriter which produces net proceeds (after payment of costs of issuance as provided in we Escrow Agreement) in an a,1regate amount sufficient to provide not more than $ __ of Improvements and not more than six months' capitalized interest at an effective cost to the City not t0 exceed_% per annum. The Certificates shall mature and be subject to redemption at the times and in me amounts, bear interest at the rates, and contain such other terms, as set forth in the Escrow Agreement, which terms arc for this purpose incorporated in this resolution and made a pan hereof.
5.Approval and Execution or Documents. The forms of Service Agreement, Leaseand Escrow Agreement referred to in paraaraph 2 are approved. The Assignment of Provider to Escrow Agent of all Provider's right, title and interest in and to the Lease and Rental Payments. for the benefit of owner of Certificates is also hereby approved. The Service A1reement, the Lease and the Escrow Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Manager, or other officers of the City, in substantially the form on file, but with alJ such completions and changes therein, not inconsistent with Minnesota Statutes, Si�tion 465.71 or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution chereof. Copies of all documents shall be delivered and filed as provided therein.
6.Ofterine· Memorandum. In connection with the offer and sale of Certificates by theUnderwriter, the City hereby approves the circulation by the Underwrlter of an Offering Memorandum describing the Certificates and related matters, provided the Offering Memorandum (including an y preliminary Offering Memorandum, shall be in such form as the Mayor or City Manager, with the advice of legal counsel to the City, shall approve. The City shall cause to be provided to the Underwriter, no later than seven days after approval of the final OfferinJ Memorandum, but in any event ln sufficient time to accompany any conflrmatioo sent by the Underwriter to any purchaser of the Certificates, sufficient copies of the Offering Memorandum to satisfy the Underwriter's obligations under Rule 15c2-12 of the Securities Exchange Act of 1934 with respect to the distribution of the Offering Memorandum.
7.Qntcnation under Internal Revenue Code Section 26S(bt The City herebydesignates the Lease as a "qualified tax--exempt oblig ation'' for purposes of Section 26S(b) of the Internal Revenue Code of 1986, as amended (the ·Code"), The reasonably anticipated amount of tax-exempt obligations which will be issued by the City in the current calendar year does not exceed $10,000,000.
8.Tag Mattus. The City expects that the Lease will be exempt from the arbitragerobate requirements of Section 148(f) of the Code, by reason of the exception provided in Section 148({)(4)(B) (relating to obligations the aross proceeds of which are expended no later than six months
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aft.er the date of issue) or (if applicable) the exception provided in Section 148(f)(4)(D) (relating to obligations issued during a calendar year in which the issuer does not reasonably expect to issue more than $5 million of tax-exempt obligations). Toe City Birees, however, that it will comply with the requirements of Section 148(f) of the Code to the extent applicable, and it will not cause the proceeds of sale of the Certificates to be invested or used in such a manner as to cause the Lease to be deemed an "arbitrage bond" under Section 148 of the Code. a "private activity b'ond" under Section 141 of the Code,
or an "advance refunding bond" under Section 149(d) of the Code.
9.(&rtiricates, ftt. The Mayor, the City Manaier and other officers of the City areaµthorized and directed to prepare and furnish to bond counsel, the Provider. the Escrow Agent and the Underwriter certified copies of all proceedings and records of the City relating to the Service Agreement, the Lease, the Offering Memorandum (including cenlflcation chat the Offering Memorandum is deemed "final" as of its date for purposes of Rule 1Sc2-12 promulgated under the Securities Exchange Act of 1934), and such other affidavits and certificates as may be required to show the facts appearing from the books and records In the officers' custody and control or as otherwise known to them; and all such cenified copies, certificates and affidavits, Jncluding any heretofore furnished, shall constitute representations of the City as to the truth of all statemenu contained therein.
Adopted: �---·1992
City ___ _
MFF01570.WP5
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EXHIBIT A nu11e1ne11
Building Services
By and between:
Home & Buildin& Control
HONEYWELL INC.
PROPOSAL NO.
DATE
AGREEMENT NO.
City of Cclunbia Heights
and (CLIENT)
914-921027
11/03/92
7171 Ohms Lane Edina MN 55439 :: :;;..s
Services w�I be provided at the following location(s):
See Special Provisions Page
Honeywell shall perform according to the terms and conditions on the pages attached and listed below:
Type ofService: Honeywell Municipal Services Program
Price:
$120,490 $ 53,324
Annually through a lease purchase agreement Annually for a seven year Honeywell service agreement (Subject to annual escalation -See page 6)
Maintenance Agreement Start Date: No vember 10, · 1992
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Invoicing and Payment Terms: fib, ii ,stallations-;-an--initial pa, ment of 15'% is teqtrir-ed:-Ftfflhef-inve��-mor,th!y
��&.
For ongoing service, invoices will be issued in advance of the period during which service is
provided.
In all cases, the client agrees to pay Honeywell the amount due upon receipt of invoice.
This proposal is effective through ________________________ _
This proposal and the pages attached shall become a contract only upon signature below in space titled ·Approved for Honeywell
Inc.• and upoQ continuance of credit approval by Honeywell. No waiver, change, or modification of any tenns or conditions on this
agreement shall be binding on Honeywell unless made in writing and signed by an officer or authorized manager of Honeywell.
HONEYWELL INC.
By __________________ _ Susan Nelson
Account Re£resentative
Title
Approved for Honeywell Inc.
By Paul Thornton
Director & General Manager
Title
81·3453-071 REV 5.192
CLIENT:
City of Columbia Heights
� s���e
Title
Date
Page 1 of 34 ----
TERMS AND CONDITIONS
GENERAL PROVISIONS
Th fall . ·11beg· he d 'nd' edf ... I sef ven (7)and . e term o maintenance agreements w1 in on t start ate I ieat or an 1ni11a term o 119e-f5tyears, a>nlinue from year to year thereafter unlll terminated fnot'ttJ���-
Either party may terminate this agreement by giving written noti ce thirty (30) days prior to the end of the dl6,PUJ11e111 lefffl, seven year term.
Honeywell's obligation under this agreement is ID provide a quality installation or service as provided in this agreement
The client will provide reasonable means of access ID all equipment covered by this agreement. Honeywell wil be free ID start and stop all primary equipment
incidental to the operation of the mechanical system(s) as arranged with the clienrs representative.
Owner represents that, except ID the extent it has given Honeywell written nolice of the following desaibed INderials prior ID the execution of this agreement,
to the best of its knowledge, there is no asbestos, asbestos-containing material, formaldehyde, or other potentially IDxic or otherwise hazardous material
contained in or on the surface of the floors, walls, ceilings, insulation, or other stnJctural components of the area of 8JTi building where wo,x is required to be
performed under this agreement If any such materials are in fact encountered by HoneyweU, or by others, whelhef disclosed or not, ci.lring the course of
HoneyweU's woi*, and such materials provide an unsafe condition, the discovery of such material shall conslitule a cause �Ol'ld Honeywell's reasona.ble
conlJ'OI and Honeywell &hall have no obligation to, and shall not stan or continue to perform its wo,k under this agreement. until lhe area has been made safe
by owner, or its designated representatives. Owner shall indemnify and hold HoneyweU harmless from and again&tSJTi and all claims and the costs of such,
claims, inclucing attorney's fees, for damages for bodily injury and'or property damage, as well as delay orwortt 11Dppage in any way com8C18d with, cau�
by, or resutting from such unsafe conditions. whether or not owner pre-notifies HoneyweD of the existerice of abo'll&-desaibed materials. wkewiw,eRf�
..all.ll'lelel'ials ;GR&iliie1'8d ICINie��ow, aAa w��o¥ed Md dicpcm1d c,f a, a QIIAdiliCIA c,f lhie ag,uerneAI, aweh a& oll6Glele ligllliAg Dalla&16�
J>.uibs;�ope,'!y'ef lhe o .. Mr, end ell di,penl�oll-be 1,,e,n�llylhe M!.IWl�N-CiOC\.ot.ckpecaiNel-m!ldCld IA�:-
111'118' & &11ooifteelly-tdeftlifie&-hereift.
All installation and non-emergency services under this agreement will be performed during the normal worlvng hours of Honeywell's normal worlvng days .
The client will promptly notify Honeywell of any malfunction in the system(s) which comes to the client's attention.
II emergency service is included in the agreement, and if an emergency service call is made at the client's request, and inspection does not reveal any defect
for which Honeywell is liable, the client will be liable for regular charges prevailing for such service.
In addition to the price set forth, the client agrees to pay any fJRl98f'lf-8'18 future taxes or any other govemmental charges MW4f hereafter imposed by existing
or future laws with respect to transfer, use, ownership, or possession of the equipmerit or services covered by this agreement.
Initial appropriate tax payments have been made as part of the agreement. The client agrees tnat, cfuring the period of this agreement, the client or the client's employees and agents will not, without prior written permission by Honeywell,
disclose any manuals or data relative to this agreement to any organization or individual, and will treat all information provided as proprietary, subject
to Minnesota Data Privacy Law. -5hould1he-sysleffl"being i1 rst!lled u, ,de, the te, ms and co11ditions-otttris-agreement use I lo, ,e1 welt's-Power Line Game, 6ommtlnicatioM.as-it9-ll'eAMli6&ien
�)'&tefft;fl��·ci;e will be 11,ed,fQl'�A&�i&GiC1A'9k:lala MI.JiA��llis.tiAg netwem ef lhe dient!HUileiAg-pe�veF. wirifle,
-'iAee-9tleltl:t9e-(Jelfl& il'lleAefe witR-�9--�-treft5fl'lit-4eta.
The client may not assign its rights or delegate its obligations under this agreement, in whole or in part, without the prior written consent of Honeywell. Honeywell
may assign its right to receive payment to a third party.
Notwithstanding any other term ot this agreement, Honeywell shall not be obligated to deliver any software 10 the client during the 18rm of this agreement,
including any extension or upgrade, unless and until the client executes Honeywell's standard software license applicable to the software to be delivered.
Honeywell will not deliver software to other than the end user.
Honeywell may annually adjust any charges for ongoing maintenance and services. This adjustment win be based on the Service Consumer Price Index lffld
�iAc:raa,c,,�.
LIMITATION OF UABIUTY
It is agreed that, in providing the system or services included in this agreement, Honeywell is not an insurer, and does not guarantee that no damage or injury
ID persons or property will occur.
CBG Services replaces or repairs any product that fails within the guarantee period (one year) because of defective woriunanship or materials. The failure
must not result from customer negligence, or from fire. tightning, water damage, etc. The customer warranty applies ID bolh Honeywell-manufacbJred and
outside-purchased (for resale) proci.lcts. The warranty effective date is the date of customer acceptance, the dale the job is finaled, or the data the customer
begins ID receive"beneficial use of 1he product, whichever comes first.
THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE, AND THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER
WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, WORKMANSHIP, OR
FITNESS FOR A PARTICULAR PURPOSE.
Honeywell's responsibility for damage or injury to persons or property that may be caused by or arise through tumishing, instamng. maintaining, servicing,
monitoring or performing any obligation under the agreement will be limited only to losses proximately caused by Honeywell's negligence. IN NO EVENT WILL
WE BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, SPECULATIVE, OR REMOTE DAMAGES.
Honeywell will not be liable for damages caused by delay in installation or interrupted service due to fire, flood, corrosive substances in the air, strike, lockout,
dispute with workmen, inability to obtain material or services, commotion, war, acts of God such as lightninp. or any othercausebeyond Honeywell's reasona ble
control.
81-3453-071 (BACK) REV�
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Energy and Operational Savings Guarantee Local Government
Honeywe11
Honeywell guarantees that the program described will recover$ 296,485 in energy savings and $ 920,213
in operational savings during the first�i'yiirs of operation, beginning on the first day of the month following completion of
installation of the equipment provided under this Agreement. In no case, however, shall the amount of the guarantee exceedprogram costs.
ENERGY SAVINGS
The energy savings will be calculated by Honeywell's standard computerized energy savings auditing procedures, which
compare the client's energy consumption� thA current year with the energy consumption in the base year (from 6/1/91 10 Sl3l /92 ).
(m:vyr) (fflQ/yl) _ ::-;.' •
The energy savings audit may be adjusted to account for weather differences, any changes to equipment, and changes inagreed-upon operating practices (described below) which affect energy consumption between the base year and the guarantee \��-
To achieve these energy savings, Honeywell and the client agree upon these operating practices for the systems controlled:
See Special Provisions Page
(1)that the systems operated during the base year (information provided by ___________ __,
Weekdays
Saturdays
Sundays
Holidays
during these normallyoccupied hours:
lrom
from
from
from
10
10
10
10
(2)that the systems will operate:
Weekdays ---
IO from
Saturdays
from 10
Sundays
---irom IO
Holidays
from IO
and within these
temperature ranges;
!Tom 10
from 10
from 10
lrom IO
Trom 10
from 10
from 10
from ID
(3)that the dient will make no significant deviations from the initial computer operating program(4)that no part of the systems controlled will be placed in a permanent ·on· operating mode (5)that the client will not manually operate any part of the systems controlled (6)that the client and Honeywell mutually agree to any other operating assumptions that will
impact the projected savings detailed on the attached ·special Provisions· agreement page.
OPERATIONAL SAVINGS
Honeywell, as part of this agreement, will be reducing operational costs in addition to the energy savings outlined above. It is
agreed that these operational cost reductions are considered satisfied upon contract execution.
As documented on the Energy and Operational Cost Analysis, the parties agree that the annual operational savings amount
equals$ · 131.459 and will be added to the actual annual energy savings to determine total annual program
savings.
81-7443-004 Page 2 of 34
H, at the end of any year during the guarantee period, the program has failed to achieve the annual projected energy and operational savings of $ 173, 814 , upon written request given no earlier than the end of such year and no later than ninety (90) days thereafter, Honeywell will pay the client the difference between the annual amount guaranteed
($ 17 3, 814 ), and the adual annual energy and operational savings amount, adjusted as provided above.
Honeywell and the client also agree that if the actual annual savings amount exci�s 5',re�lffilf 6' the ���Car guarantee in any year, such excess savings amounts will be either:
-added to the energy and operational savings for any future year before calculating the annual savings amount;
SU.
-billed back to the client up to any amounts previously paid by Honeywell for energy and operational savingsshortfalls.
The energy and operational savings guarantee may be nullified by Honeywell: (1) if the client causes significant deviations from any of these operating requirements without prior'written notice to, and agreement by, Honeywell;,.(2) if alterations, additions, or repairs are made to any of the equipment; (3) if Honeywell's ability to render services is impaired by circumstances beyond i1s control; or (4) if the client does not send to Honeywell all current energy bills as soon as 11possible, but not later than four weeks after the client has received these bills. .,
Honeywell may, as part of this agreement, adjust and fine-tune the building control systems to ensure maximum energy and operating efficiency.
This guarantee, whether or not exercised by client, is Honeywell's sole liability with respect to any claim of energy and operational savings.
FOf Honeywell _______________ _
81-7443-004 (BACK)
For Client
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Honeywell
Special Services/Provisions
ENERGY AND OPERATIONAL COST SAVINGS
It is agreed that the below listed operating cost savings will be used in all reports to
The City of Columbia Heights and will be the basis of our annual energy and
operational cost savings audits:
--;., . --•For the purpose of calculating operational and energy cost savings it is agreed
that the below listed totaling $187,841 per year will be used in the total -�
81-3353-452 REV 1/91
energy and operational savings audits.
For the purpose of calculating operational savings it is agreed that
savings will be gained by elimination of the maintenance, consulting,
and repair costs currently paid by the City which will be covered under
the Honeywell Services agreement in the amount of $35,517.
For the purpose of calculating operational savings it is agreed that annual
heating/cooling component replacement cost savings will be gained in
the amount of $14,772. This savings is the result of the heating plant
and temperature control retrofits. These retrofits will eliminate the City
from having to make these modifications during the next seven years,
some of them under emergency situations. In addition to curbing
construction costs, Honeywell will increase system life.
For the purpose of calculating operational savings it is agreed that
$33,428 will be averaged annually from the city's capital expenditure
budget. These savings are the result of pump station #2 and pump
station #3 plant upgrades along with a vehicle exhaust system upgrade
for the fire apparatus room. These retrofits will eliminate the city from
having to make these modifications during the next 7 years, some under
emergency situations.
Client ________________ _
For Honeywell ______________ _
Date _________________ _
Page __ 3_of 34
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Honeywell
Special Services/Provisions
ENERGY AND OPERATIONAL COST SAVINGS CONT.
11-3353-452 REV 1/91
For the purpose of calculating operational cost, it is agreed that $32,935
will be realized annually as a result of: reduction in labor costs of the head
custodian at John P. Murzyn Ha,ll-midsu bsequent work performe�tit other
buildings, Evelyn Nygaard's time to manage City Hall systems, -
administrative costs such as the city manager and clerical time to include
getting quotations, purchase orders, process invoices and checks, agenda
time and record keeping.
For the purpose of calculating operational cost, it is agreed $6,081 will be
saved annually as a result of a comprehensive lighting retrofit eliminating
the ongoing cost of lighting repairs and materials.
For the purpose of calculating operational cost, it is agreed $20,000 will be
saved annually due to productivity improvments. This sav ings is an
estimated cost ( 1 % of payroll) of reduced work performed in situations
such as the toxic alert at City Shops not performing correctly or computer
interruption due to air conditioner failure in the computer rooms, etc.
For the purpose of calculating energy savings it is agreed that $42,355
will be annually saved. The energy savings will be calculated by
Honeywell's standard computeriz.ed energy savings auditing procedures,
which will compare the city's energy consumption in the current year
with the energy consumption in the base year. These savings will be
gained by the installation of more efficient equipment outlined in the
Retrofit pages.
For the purpose of calculating operational cost, it is agreed that $2,753
utility tax will be eliminated annually. This savings will be realized due to
the reduced yearly energy consumption.
CUent ________________ _
For Honeywell ______________ _
Date _________________ _
Page __ 4_of 34
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Honeywell Pref erred Maintenance Services
Honeywell will maintain the systems described in the List of Maintained Equipment and/or on these drawings:
PREVENTIVE MAINTENANCE
Each preventive maintenance call will be scheduled by a computer-prepared service report detailing exactly what tasks to perform,
what skill levels are required, and what special tools and instrumentation are needed to maintain the systems at optimum comfort
and efficiency levels.
Maintenance intervals will be determined by equipment run time, application, location, and Honeywell's oomputer data bank of
maintenance experience and manufacturer's specifications, acoording to Honeywell's best judgmeriJ.; ,.,_,
After each service call is completed, details from the service report will be provided to the client to ensure closed-loop performanc'
PREDICTIVE MAINTENANCE
System analysis will be performed on the equipment covered under this agreement to detect early signs of deteriorating performance
and to predict potential equipment failures. After identifying potential problem areas, corrective action, as outlined in this agreement,
wl!l be taken.
OPERATIONAL ANALYSIS
An analysis of the client's building environmental systems equipment condnion and of operating procedures will be performed by
Honeywell service operations. Honeywell and the client will discuss the operational program and revisions to operational programs
that are required to reduce energy consumption, minimize operating costs, and accommodate changing needs.
ENERGY REVIEW � Included D Not Included ----Customer's lnnials
In addition, an energy review will be prepared and a written report submnted on a semi-annual basis. The report
will review all energy usage and charges, including electricny, natural gas, fuel oil, coal, or other forms of purchased energy.
·Honeywell's computer will compare the latest energy quantnies consumed wnh base year consumption data and perform
catcg17.�o,M1 bas
t:d ons'78:fl,� �ou�s to provide an ongoing measurement of the program's effectiveness. The base year is-
Prior to each energy review, the client shaU make available to Honeywell all current energy billings. Significant changes in operating
schedules and addnion or deletion of non-HVAC energy-using equipment (typewriters, computers, vending machines, industrial
equipment, etc.) will be communicated to Honeywell as required to ensure current updating of the non-HVAC load in the dient's
building. These updates will prevent erroneous energy review results because of consumption changes unrelated to the HVAC
systems. ·.
PERFORMANCE REVIEW
A review of the services provided within this agreement will be performed by Honeywell service operations. Honeywell and the dient
will discuss work performed since tha last review, answer any questions regarding this agreement, and determine if there are any
other ways Honeywell can be of service.
COMPONENT REPLACEMENTS
Honeywell will repair or replace worn or failed components and parts which are covered underthis agreement. In addnion, to prevent
a system failure, Honeywell will repair or replace doubtful components approaching the failure point.
These replacements will be of like or current design to retard system depreciation and obsolescence.
EMERGENCY SERVICE See Special Provisions Page
Every activity performed under this agreement is designed to minimize the incidence of emergency situations. However, back-up
emergency service will be provided 24 hours a day to minimize down time and inconvenienca. Honeywell is guara!'lteeinga four hour response time for all City buildings with a one hour response time for Murzyn Hall community events and City Hall's computer room.
81-3453-067 REV 1191 *See back Page 5 of 34
COVERAGE
:rm-as, eerne, ,I asstsmn the system co, Med to be in maintaifu1ehtcendit-ion:-ff-repei,9-ef9-4e�ttJMHHl'Wtial�ieA
oF-iMiakea�p,-f���Joi.ap�..SAOUld tl:ie��il:iabla
Nm& will be elimiAate4 hr::11:'A 11:ie prog�aAd-&be a9reemei:it pric.:e adj11slad accocdi�
*is tsnderslood thatti'Nt-repair,"'fflplaeement;-end emergeney--seiviee prewisio11s opp!) einl) l&ine 9yslems anel eeiuil'ff)et'lt-eo't'&MEI
bf this agree, 116, rt. Repair or rep1M:ernentcf-ne"'1nttintairtae!e-p�the-9)'"4!1m 9Ueh as, bt:ll-ftof-11ffiifed.te�shell
eAe-klee���o�5-,-aAd.QRiU�. uAit cabil*i;.,boiler ratraaoi:y material, beat excb��iog
tne4ef�eleeffie . . . �. &tFW&hlFal &Wppcli:16, and�� pai:t,. i& ROI iRch.idadJJnda�is
eg,NIMftt:-
ln the event that the system or any equipment component thereof is altered, modified, changed, or moved, this agreement may be
immediately terminated at Honeywell's option.
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if-atftomatie veN&and-eami,et'-meiftteMAO&-eAEI-Npair-&F&-iAelwaed IA ttli& agFeeAient-, � tbe labQr-i�� l: lhetr�&ieaJ FH1Q,;al aAd-�iatlallon i& Rot iRC!uded. ,,
*If Honeywell fails to meet the emergency response times specified by the contract, theCity of Columbia Heights will be reimbursed for every::·hour beyond the specified responsetime at the Preferred Customer Service Labor rate.
This applies to all situations except those where response is prevented due to conditions beyond Honeywell's control or acts of God.
11•3453-067 (BACK) REY 1191
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Honeywell
Special Services/Provisions
CONTRACT SERVICE AGREEMENT ESCALATIONS
Honeywell may annually adjust any charges for ongoing maintenance and operations
services. This adjustment will be based on the Service Consumer Price Index. The
operational costs included in the guarantee will be adjusted at the same rate as the
maintenance agreement to accurately reflect the effect of inflation on the savings.
DISPOSAL OF OLD EQUIPMENT:
Honeywell will be responsible for the removal and disposal of all heating, ventj!ating,
air conditioning, temperature control and lighting components removed as a result of
our retrofit and service agreement with the City of Columbia Heights.
PROCUREMENT PROCESS:
This service provided by Honeywell, Inc. has been procured according to the terms
allowed under the Minnesota State Statutes, Section 471.345
AIR FILTER SERVICES
Honeywell will furnish and install air filters commensurate with the conditions of your
building. Filter media for listed units will be replaced quarterly.
It is understood that the air filter medial replacement provision applies only to the
systems and equipment covered by this agreement.
Should experience show that more or less frequent air filter media changes are
required, at mutual consent, the agreement price will be adjusted based on the
established selling prices.
REBATES
All associated NSP retrofit rebates will be passed directly to the City of Columbia
Heights.
CONTRACT SERVICE WORK
Ongoing contract service work and preventive maintenance will be done by Honeywell
personnel. The City of Columbia Heights will be advised when Honeywell employs
the use of subcontractors, during ongoing contract service work.
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C�ent _______________ _
For Honeywell ______________ _
Date _________________ _
Page _6 __ 01 34
81·3353-452 REV 1/91
HONEYWELL PREFERRED MAINTENANCE:
Equipment included for full coverage maintenance as described in the Honeywell
Preferred Maintenance section is as follows:
Honeywell
-;:..-, . All existing Heating, Ventilating, and Air Conditioning Equipment (as of the
effective date of the contract) and all equipment to be installed as part of this
agreement. This includes, but is not limited to, the following:
-Exhaust Fans
-Unit Heaters
-Water Heaters
-Rooftop Units
-Boilers
-HVACPumps
-Air Handling Units
-Oven Range Units
All Corresponding Control and Control Panels.
This comprehensive maintenance program will be performed at these locations:
City Hall
Sullivan Lake Lift Station
John P. Murzyn Hall
Columbia Heights Public Library
Top Value Liquor
Heights Liquor
Pump House #2
Pump House #3
Chatham Lift Station
Municipal Service Center
Gauvitte Park Building
Huset Park Building
Keyes Park Building
McKenna Park Building
Mathaire Park Building
Southwest Park Building
Ostrander Park Building
Prestemon Park Building
It is understood that the repair, replacement, and emergency service provision apply
only to the systems and equipment covered by this agreement. Repair or replacement
of non-maintainable parts of the system such as, ductwork, piping, shell and tube (for
boilers and chillers), unit cabinets, boiler refractory material, insulating material,
electrical wiring, hydronic and pneumatic piping, and structural supports is not
included under this agreement.
Page 7 of�
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Honeywen
Water Treatment Services
Honeywell will provide a water treatment program for the following systems:
All boilers at Murzyn Hall, City Hall, Library, and Garage
PREVENTIVE MAINTENANCE
A computer-scheduled treatment program for control of scale, corrosion, and biological fouling will be provided to preserve the
equipment, maximize its efficiency, and minimize malfunctions.
:-:.:->
We will regularly examine, test, and adjust all treatment devices and perform periodic water analysis.
On systems requiring continuous water analysis, the electronic monitoring system will be installed and/or maintained. This unit is�
programmed to analyze the water and automatically adjust chemical feed and bleed intervals.
SUPPLIES AND MATERIALS
Honeywell will provide and/or maintain all monitoring equipment, and supply non-polluting, biodegradable chemicals necessary to
maintain proper treatment.
EMERGENCY SERVICE
Every activity performed under this agreement is designed to minimize the incidence of emergency situations. However, back-up
emergency service will be provided 24 hours a day to minimize downtime and inconvenience.
NOTE: All monitoring and application equipment that we supply will remain the property of Honeywell.
COVERAGE
�-a9SUf'Re5-tA&�f.&64&�iA-malmaiA.ibkl��-U repair& a�o f.c:MJR-d nocoss;ary ""poAJAitial inspw::fion .
oi:.imlial s;ea&oAal .tart up, repair dlar.Q"-will..be.submittQdJot.apprnval Sbrn •Id tbese cbarges be declined, those 000-roaiot.ainable
�llbe..elimioaied tcorn tbe..prog!am..and..tb.e..ag.raemeclpcica.adjusled.aca:l[d.io�
ttis"'1mc:!erstood1n!lt1he , epsir, repmeement, and eme19enc) ee ro. ieepre'ffli�fle-9��-ee'fffed-
13y O:iis 8!JFeefflenl-.-R��f A8A R'l3iAt3iflable�the s;;yi;;h1m S1K:h a,.��.io,.GI.IQWOr.k, piping, &l:laU
aaa,���I rs, a••epewe""!;:eeade:BW��,..lflil-eaeiea!S;:::BBil,rr refm;w���aal,.alaGlliGab
Wif.ifl!J��e�al-ooppeFts, aMe�A&A-R'le\ling 1i1311&, Is A�l�ed UAdw-Uli& aQrHmeAI,
In the event that the system or any equipment component thereof is altered, modified, changed, or moved, this agreement may be
immediately terminated at Honeywell's option.
81-3353-167 REV 1/91 Page 8 of�
C _;i'..-.] -, .
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Honeywell
Servicenet Operations
EQUIPMENT OPERATION
Honeywell will establish an operating program covering the client's mechanical systems and provide operating service as detailed
in the attached Equipment List. These services, which will be provided 24 hours a day, 7 days a week, include:
Operation:
Services
Monitoring:
Reporting:
Analysis:
Updates:
Review
Meetings:
Energy
Management -Computer-based energy management control of mechanical systems connected to the Building
Center, including establishing a daily operating routine.
Schedule
Changes -Implement temporary and permanent schedule changes on an ongoingi,asis as requested by
the client.
Continuously monitor key building conditions and respond to building alarms.
Preparing and furnishing the client:
-monthly activity reports summarizing building alarm and operational adivity for the period.
-periodic utility bill analysis and energy audits documenting program effectiveness (the client shall make available
to Honeywell all current energy billings prior to each energy review).
Evaluating the effectiveness of operating programs and the efficiency of mechanical equipment to identify areas
of potential improvement and additional energy conservation opportunities.
Revise the operating program as needed to minimize operating costs and accommodate changing client needs.
Periodically meeting with the client to discuss the operating program, make recommendations, and participate in
an information exchange.
SERVICE START-UP
Before initiating service, Honeywell must perform some start-up procedures, including:
MAINTENANCE
-programming the client's building operation requirements into the Building Services Center.
-installing Honeywell Servicenet Operations equipment
Honeywell will [] install the necessary equipment to connect the client's building systems with the Building
Services Center.
D supervise the installation of the necessary equipment to connect the client's building
systems with !he Building Services Center.
Honeywell will provide preventive maintenance, emergency service, and repairs on an Honeywell Servicenet Operations equipment
installed on the client's premises to ensure proper operation.
SERYIC-E-eHAR-6£
Baring1he-�year:-themo11thl'j seAiee charge etttliriedi,, tffi&egfeeffteAf iAel�es tt+e seFYise &&ai:t 1,1ppr�iAg 1be seco:id
yea,-;-t��&ef¥ie&-ehar�&-will-ee-feEI�.
11-3453-055 REV 1191 Page _9 _of 34
.\
CONDITIONS
GENERAL PROVISIONS
Repairandtarreptat:BTT19Tlt"Ct1tnrcti9'nt!9-rneel-teniesf-�-eqttiJ'met1! a, 1dilo1 tempermtlf•-=ntrol de, ices-are-available-from
Me��Aet�&F-IAis-eel:teeule. ·
'fi1til termination of All Honeywell Service net Operations equipment installed on the premises wiU remain Honeywell property.pclii teu11i11atiofl of1hiscon tr at
�emoFlt l=lii>Reywell ��ks-e��-abaA�;my-eHt���eYt--a,w
cbligationJc restoce any portioci of &ha.piemises Aciy s11d:l rem01cal �d H00et{Well eci11lprneal $hall act consti1 11te
a..wawei.QJ..our:.JigAi..tG��aRY ;hasgeG whi;h hai,10 ac;r:uea.QJ. Ala\' Cl'1GR.18�FeWAder.
The final operating program as mutually defined by Honeywell and the client will be submitted to the client for his approval prior to
operation. _ .--::-s ·
CHARGES*-:i-
t&-l&-Ul�.;lienl-'&�Asi�*�Ae'fW811'G wse a �iQ.kKl-bw&iRe&G lolephii>RO lino-lhal-i&-a¥ailable-k>J
iGcoAliAg..aAd�24li��r-W¥8�4a�week.
LIMITATION OF LIABILITY
This agreement may be cancelled at Honeywell's option in the event the Building Services Center or Honeywell equipment on the
client's premises is destroyed or substantially damaged. Likewise, this schedule may be cancelled at the client's option in the event
the premises are destroyed. In the event of such cancellation, neither party shall be liable for damages or subjed to any penally,
except that the client will remain liable for services rendered to the date of cancellation and for any unpaid portion of the service start
up charge.
The client agrees to maintain his own fire and extended coverage insurance for the premises. The client is hereby empowered to
insure against fire and other casualty the Honeywell equipment in the same manner and to the same extent as he now insures fixtures.
Any recovery for the loss of the Honeywell equipment or the cost of putting the same in proper operating condition shall be paid to
Honeywell by the client. H the client should fail to insure the Honeywell equipment, he shall be responsible for any loss occasioned
by fire or other casualty and the cost of putting the same in proper operating condition after any such loss.
*At that time we will mutually decide whether to extend the agreement or replace theequipment with a customer controllable system.
** Honeywell will secure the use of four dedicated business telephone lines. It is the client's responsibility to maintain the use of these lines for the duration of the cont:iact (incoming and outgoing calls, 24 hours a day, seven days a week).
81-3-453-055 (BACK) REV 1/91
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Honeywell
Special Ser vices/Provisions
Energy and Operational Savii;igs Guarantee Practices City Hall
Baseline Building Operating Perimeters
Occupied Weekdays from 7:00 am to 5:00 p.m., with an indoor temperature se_t:paint of
72° F. in the winter and 74° F. in the summer.
The city council area currently has an occupancy schedule, Monday-Thursday 8:00 a.m. -�
11:00 p.m.
The police and fire stations are currently occupied 24 hours a day, 7 days a week.
Future Building Operating Parameten:
To achieve the energy savings that Honeywell has projected, the client shall agree upon
the following operating practices and be responsible for maintaining the runtime schedule
listed below. Honeywell will monitor the operation of this equipment and adjust the
savings guarantee for any deviation from the schedule listed below:
Occupied Weekdays from 7:00 am to 5:00 p.m., with an indoor temperature set
point of72° F. in the winter and 74 ° F. in the summer. During these hours if the
facility is not in use, systems shall be changed to the unoccupied mode.
The city council area currently has a flexible occupied schedule.
The police and fire stations will currently be occupied 24 hours a day, 7 days a
week.
During unoccupied hours the temperature set point will be 55° F with all fan
systems de energized with the exception of the police and fire stations. If the
facility needs to be used for community activities during unoccupied hours, the
area being used can be changed to the occupied mode for the duration of such
events. However, any run hours that exceed baseline runtimes shall be accounted
for in future energy audits adjusting cost savings accordingly, by mutual
agreement.
Client ________________ _
For Honeywell ______________ _
Date __________________ _
Page _l.Q.of �
81·3353-452 REV 11!11
..
Honeywell
Special Services/Provisions
Energy and Operational Sa�gs Guarantee Practices Murzyn Hall
Baseline Building Operating Parameter
Office areas are occupied Weekdays from 8:00 am to 5:00 p.m., Monday throu�riday . Basement areas are occupied Monday through Friday, 8:00 a.m. to 10:00 p.m. Friday and Saturday occupied hours are 8:00 a.m. to 1:00 a.m. in the main hall and Sunday occupied hours are 8:00 a.m. to 5:00 p.m. in the main hall. Holidays run on a flexible schedule.
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Future Building Operating Parameten:
To achieve the energy savings that Honeywell has projected, the client shall agree upon the following operating practices and be responsible for maintaining the runtime schedule
listed below. Honeywell will monitor the operation of this equipment and adjust the savings guarantee for any deviation from the schedule listed below:
Occupied Weekdays from 8:00 am to 5:00 p.m., Monday through Friday in the
office area, with a with an indoor temperature set point of72° F. in the winter and
74° Fin the summer in the office area. Basement areas are occupied Monday
through Friday, 8:00 a.m. to 10:00 p.m. with an indoor temperature set point of72°
Fin the winter and 74° Fin the summer. During these hours if the facility is not in use, systems shall be changed to the unoccupied mode. Friday and Saturday
occupied hours are 8:00 a.m. to 1:00 a.m. in the main hall and Sunday occupied
hours are 8:00 a.m. to 5:00 p.m. Main hall has a winter set point of68° F. and a
summer set point of74 ° F. (or as low as existing equipment permits).
During unoccupied hours and non-scheduled Holidays the temperature set point
will be 55 ° F with all fan systems de-energized. If the facility needs to be used for community activities during normally scheduled unoccupied hours, the area being used can be changed to the occupied mode for the duration of such events.
However, any run hours that exceed baseline runtim�s shall be accounted for in
future energy audits adjusting cost savings accordingly, by mutual agreement.
81-3353-452 REV 1191
Client ____ ..:_ _________ _
For Honeywell _____________ _
Daw ______________ _
Page 11 of 34 ----
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nu1Ieyne11
Special Services/Provisions
Energy and Operational Savings Guarantee Practices Top Value Liquor
Baseline Building Operating Parameters:
Occupied Monday through Saturday from 9:00 a.m. to 10:00 p.m. Holidays run on a flexible schedule.
Future Building Operating Parameters:
�:;..;.
To achieve the energy savings that Honeywell has projected, the client shall agree upon the following operating practices and be responsible for maintaining the runtime schedule listed below. Honeywell will monitor the operation of this equipment and adjust the savings guarantee for any deviation from the schedule listed below:
Occupied Monday through Saturday from 9:00 a.m. to 10:00 p.m., with an indoor
temperature set point of 68° F. in the winter, and approximately 74° Fin the summer. During these hours if the facility is not in use, systems shall be changed
to the unoccupied mode.
During unoccupied hours, the temperature set point will be 55° F with all fan systems de energized. If the facility needs to be used for community activities during normally scheduled unoccupied hours, the area being used can be changed
to the occupied mode for the duration of such events. However, any run hours that exceed baseline runtimes shall be accounted for in future energy audits
adjusting cost savings accordingly, by mutual agreement.
Client ________________ _
For Honeywell _____________ _
Da�-----------------
Page __!L of 34
81·3353-452 REV 1/91
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Honeywell
Special Services/Provisions
Energy and Operational Savings Guarantee Practices Municipal Service Center
Baseline Building Operating Parameten:
Occupied Weekdays from 7:00 am to 5:00 p.m.
Future Building Operating Parameten:
:;:;;,.,
To achieve the energy savings that Honeywell has projected, the client shall agree upon
the following operating practices and be responsible for maintaining the runtime schedule
listed below. Honeywell will monitor the operation of this equipment and adjust the
savings guarantee for any deviation from the schedule listed below:
Occupied Weekdays from 7:00 am to 5:00 p.m., with an indoor temperature set
point of 72 ° F. in the winter, and 74 ° F. in the summer in the office area, set point
of 60 ° F. in the winter in the ground floor garage, and set point of65° F. to 68° F.
in the winter in the first floor work area. During these hours if the facility is not in
use, systems shall be changed to the unoccupied mode.
During unoccupied hours the temperature set point will be 55° F with all fan
systems de energized. If the facility needs to be used for community activities
during normally scheduled unoccupied hours, the area being used can be changed
to the occupied mode for the duration of such events. However, any run hours
that exceed baseline runtimes shall be accounted for in future energy audits
adjusting cost savings-accordingly, by mutual agreement.
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Client _________________ _
For Honeywell ______________ _
Date __________________ _
Page .......!1_ of 34
81-3353-452 REV 1/91
Honeywen
Special Services/Provisions
Energy and Operational Sa�gs Guarantee Practices
Athletic Fields
Baseline and Future Building Operating Perimeters
;-::;..:,
The athletic fields will be operated in the future as in the past. Lights will operate only at
night and will be off by 10:30 p.m. Lighting control will be by authorized personnel only.
Client ________________ _
For Honeywell ______________ _
Date _________________ _
Page � of ---2!t
81-3353-<152 REV 1/91
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Honeywell
Retrofit Services
I.
PERFORMANCE BASED RETROFIT SPECIFICATIONS
FOR THE
CITY OF COLUMBIA HEIGHTS, MN
CITY HALL :::;;., .
A.Rooftop Units
..
1.Air Flow/Distribution (Problem: uneven space temperatures and lackof fresh air) Honeywell has redesigned the system's air flow criteria
and will distribute the conditioned air as specified in Table #1. The
redistribution will result from Honeywell testing and measuring the air
flow in every rooftop unit, in every air duct, trunk line, in every
variable air volume box, in every supply grille, and in every returngrill, through the use of balometers, velometers, and magnehelicgauges.
Conference Room -The Conference Room does not have enough airsupplying this room, thus when this area calls for cooling, the rooftopunit locks into cooling for an extended period of time. The long
cooling time greatly affects the other zones in the system resulting inover-cooling. Honeywell will increase the supply air into the
conference room. Honeywell will also relocate the video room
diffuser to stop direct air drafts on the operator.
Mayor's Area -Judge's Chambers -The area is subject to improper air
balancing and distribution. The lack of return air in the space will be
corrected with the installation of door grills for better air distribution .
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Honeywell will maintain the systems/equipment stated above as per the attached mainlanlne8 IChedule. D Included [!] Not Included
·
STANDARD TERMS AND CONDITIONS OF SALE
J'ERMS OF PAYMENT. Owner agrees ID make payments ol lhe a>ntract price as llllows:
81-3343-044 REV 1/91
(Cwtomn lnllu)
-�-or 34
STANDARD TERMS AND CONDITIONS OF SALE (continued)
2. CUSTOMER WARRANTY. Commercial Buildings Group replaces a, repairs any
product that lail5 within the guarantee period (one year) because of delec:ave
workmanship or materials. The la�ure must not result from aistDmer negligence, a,
lrom fire, lightning, water dama:ie, ere. The customer warranty applies to both
Honeywell-manulactured and outside-purchased (for resale) produc:ta. The
warranty ellective date is the clars of customer acceptance, the date lhe job ii
finaled, or the dare the aistomer begins ID ,.ceive beneficial use of the product,
whichever comes firs:.
3. SOFTWARE LICENSE. AU software provided in c:gnnection with the above quote
shall be licensed and nor sold. The end user ol the soltware wiU be required to sign
a license agreement with provisions such as limiting use of lhe aofrware to the
equipment provided under these specifications, limiting copying, preserving
c:gnlidentialiry, and prohibiting transfer to a third parry. Licenses ol this type are
standard lor computer-basfld equipment ol the type c:gyered by this quotation. The
contrae1or will be expected to grant Honeywell access to the end user for purposes
ol obtaining the necessary soltware license.
4. PATENTS. The Company agrees lhat it will at ilS own expense delencl any suit
that may be instituted against the Purchaser for alleged infringement of United
States patents relating to products of Company manufacture fumished the
Purchaser hereunder, provided auch alleged infringement shall a,nsiat only in the
•Jse ol such product by itself and not as a part of any combination of other devices
and/or parts, and provided the purchaser gives the Company immediate notice in
writing of any such alleged infringement and cl the institution er any such suit and
permits the Company, through ilS c:gunsel, to answer the charge of infringemeN
and to delend suet, suit, and provided lhe
Purchaser gives all needed information, assitance and authority ID enable the
Company to do to, and thereupon in case of a final award of damages in any such
suit the Company will pay such award, but shall not be responsible for any
settlement made wilhout its written consent.
5.DELIVERY, ETC. Delivery of equi?ment not agreed on Iha lace hereof ID be
installed by or under supervision of the Company shaU be F.O.B. at lhe Company
factory, warehouse or office selected by the Company. Delivery cl equipment
agreed on the lace hereof to be installed by or under super,ision of the Company
shall be C.I.F. at the airs of installation.
The Company shall not be liable for any delay in the production, delivery,
supervisior. or installation cl any of the equipment covered hereby if such delay
shall be due 10 one or more of the following causes: lire, strike, lockout, dispute
with workmen, flood, accident, delay in 1ransportation, shortage of fuel, inability ID
obiain rnarsrial, war, embargo, demand°' requirement of the United Stares or any
governmental or war activity, or any other cause whatsoever beyond Iha
reasonable control of the Company. In event cl any such delay, the date or dates
for performance hereunder by the Company shall be extended for a period equal to
the time lost by reason of the delay.
81-3343-044 (BACK) REV 1/91
I. DAMAGE OR LOSS. In lhe case of equipment not 10 be installed by or under
aupervision of the Compaiy, lhe Company shall not be liable for damage to or loss
of equipment after delivery of such ecµpment ID the point of lhipmenL In the case
of equipment ID be inltaled by or under aupervision of lhe Company, the Company
lhall not be liable tor damage or lou alter delivery by the carrier ID the site of
inltallation; H flereahlr pending inalallation or completion of installation or lull
perfonnance by the Company, q u:h equipment ii damaged a, destroyed by any
CIIUl8 whataoev•, other thin by fault of the Company, lie Purchaser agrees
-promptly ID pay 0, rwimblne ID lheCompany, In addition ID 0, apart from any 1111d
all Dlher auma dut or ID� due lwmnler, an amount equal ID the damage or
loa 10 occasioned.
7.1::DIIH& FOP SHORTAGES. Each ahipmenl shall be examined b
kmledia!ely upon hia ,.,&ipt d rl a fl!:!!", dzlm l_t5r lhoriage or any other cause
Companypromplly
L TAXES. With regard ID sales of equipment not Installed by the Company, !1f
amount of all pntMnt and Mure we, and governmental charges upon ir,.
production, shipment. lale, lnalallation a, use DI the equipment c:gyerecf hereby shall
be added ID the price and paid by the Pwchaser. With 1911ard ID conll'acll for the
Nlallation DI equipment by 1he Company, the amount of 81'1)' new or increased
laxes a, govemmental c:halgea upon labor or the produclion, shipment, aale,
lnltalation a, uae DI the equipment c:overed hereby, which became effective after
the date DI the Company Proposal, &hall be added ID the Proposal prioe and paid by
fie Purchaser.
I. OVERTIME. It la con11tmplalAld Iha! any installation a, aupervision labor and
Nrvicea agreed on lhe tac. hereof 10 be performed by the C'.oms,any are IO be
performed during regular wortun,,i hours on regular working days. II for any reason
the Purchaser reques11 the Clll'npany 10 furnish any such labor or services ou�
of such reoular working hours, an, ovenime or other additional expense oc:casionld
thereby lhall be biHed IO and paid t,y the Purchaser as an extra.
10. WORK BY OTHERS. AbHnt contrary provisions on the lace hen1ol, the loKowing
work la 10 be performed and the lollowing items ant ID be furnished and instaled �
others:
Eledric: wiring and eledric wiring acce&aories, al �ine devices (Including, but not
limited ID, flow tubes, hand valves, o,ifice plarss, orifice flanges, ere.), penetrationl
Into pipea and veaaela, langes for mounting pn1uure and level tranamia.r1,
vacwm breakers, gauge glasses, waier columns, panel foundations incl riggings,
ateam tracings, and all other itllma and work of like nature. Automatic valve bodies
and damper• ant IO be unahecf by the Company, but insta.Ued by others.
11. TERMS OF SALE. All Company proposals, al acceptances of Purdlaser's ordera,
and all 181e1 by lhe Company are expressly limited to, and expressly made
conditional upon, the P&Rhasef"s acceptance and assent to the Standard Terms
and Conditions of Sal• u Ht forth herein, notwithstanding receipt of, or
1c:knowledgement of, lhe Purchaser'a order form or 1pecilication1 containing
additional a, different pnMSiona, or conftic1ing oral representations by any agent or
employee of the Company. No waiver, change a, modification of any 18rms or
conditions on the face or reverse hereof shall be binding on the Company urass
made in writing and aigned by an olfior. or authorized manager of the Company.
12. United Sta.W law prohibill disposition of these commodities to Nonh Korea, Nol1h
V•tnarn, South Vietnam, Cernbodia, or Cuba, unleu otherwise authorized by the
Uniled Stales. HONEYWELL INC.
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Honeywell
RETROFIT SERVICES
2.Economizer controls (problem: hot, humid air being introduced into
the system) -Honeywell will replace eight (8) existing damper
changeover controls with Honeywell's Model T675. The current factory
supplied units lack the differential setting capability and reliability of ourproposed controller. Honeywell's controller will allow for more fresh airto be introduced into the building at more opportune times than we are
presently experiencing. A healthy building environment is a priority.
This retrofit also affords the use of valuable free cooling whenever
outdoor conditions permit..�
3.Temperature controls (problem -variable air volume boxes do not
react in a timely manner, causing hot and cold spots) Honeywell will
recalibrate all space controls to meet temperature requirements. Any
control that does not meet our standards will be replaced. Temperature
requirements will be mutually agreed to by the City of Columbia Heights
and Honeywell.
B.Computer Room Air Conditioning Unit (Problem -frequent A/C failures) -
The existing unit, as is, has too large of a capacity for the existing space.
When the unit starts, it blows cold air too quickly on the thermostat, causing
the unit to cycle off. This is a short cycle. For longer and more efficient
equipment life, we want to lengthen the unit's run time. To do this we willrelocate the thermostat, slow down the fan (decrease CFM) and install a hot
gas bypass system on the evaporator to keep it from freezing. All this will bedone to promote longer equipment life and higher operating efficiencies. We
will also supply an alarm for early problem detection and warning. The
computer room radiation capacity will be reduced to eliminate overheating.
C.Apparatus Room Truck Exhaust System (Problem: -truck exhaust fumes
present in the building) Honeywell will install an exhaust system to vent
hazardous engine exhaust away from the building interior.
Page 16 of 34
Honeywell
RETROFIT SERVICES
The Emergency Vehicle Exhaust System shall be the standard project of a U.S. exhaust system manufacturer, and shall include flexible tubing
assembly, mounting frame, an enclosed spring balancer, a tailpipe adapter
with automatic quick-release clamp mechanism, and a safety back-up disconnect.
The flexible tubing shall be a black, heat resistant neoprene coatecftahiic tubing of two-ply triple-overlap construction, of the specified length and diameter. The tubing shall have a completely encapsulated steel wire helix
and a bonded, exterior safety-yellow wear strip. The assembly shall include
a steel mounting flange for secure bolt attachment of the tube assembly to the structural angle iron mounting frame; a lifting elbow for external
connection to the spring balancer; and a tailpipe adapter constructed of
EPDM rubber and a stainless steel tubing transition, with a quick-release clamp mechanism to allow the adapter to automatically separate from the
exhaust pipe as the vehicle exits the facility.
The spring balancer shall have an enclosed cast-metal case, and shall be
swivel-mounted to the mounting frame along with a safety chain attachment.
The balancer shall be selected and factory adjusted so that it is capable of supporting the tubing assembly within its travel range. In addition to the
quick-release clamp mechanism, there shall be a safety back-up disconnect
between the adapter and the flexible tubing, activated by a plastic-coated
aircraft cable installed inside the tubing and attached to the tubing assembly
mounting flange at one end and the tailpipe adapter at the other end, that
will allow the �pter to pull free from the tubing assembly should the
quick-release clamp fail to release. This will be accomplished by the use of
a clevis/pin device that can be reset when the adapter is re-installed.
The Emergency Vehicle Exhaust System shall be Series EVH as
manufactured by Car-Mon Products, Inc., Elgin, IL.
Page 17 of 34
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Hone�ell
RETROFIT SERVICES
D.Fire Department Dorm and Watch Room (Problem -the doors to the
apparatus room are left open while the A/C is running -thus wasting
energy) Honeywell will install proof of closure switches on the doors
leading to the apparatus room or any other unconditioned area. The doors
must be closed in order for the heat or the A/C to work. Honeywell will
install delay timers on the rooftop unit so that nonnal door traffic-will not
affect the operation.
E.Boiler Control (Problem -the boiler water runs at a constant temperature
regardless of ambient conditions) Honeywell will install a boiler water
temperature outdoor reset controller on each City Hall boiler (two boilers) to
maintain a proper balance between the heating water temperature and
outdoor temperature. The control will automatically raise the heating water
temperature as the outdoor temperature falls. The boiler will be off above
65 ° F.
F.Exhaust Fans (Problem -exhaust fans remain on when areas are not
occupied) Honeywell will interlock the exhaust fans with the area's light
switch. When the lights are off, the exhaust will be off. People today will
tum off the lights if reminded. Keeping the exhaust fans from running
excessively will eliminate the waste of conditioned air, thus saving energy.
G.Energy Management System (Problem -the present system cannot provide
the additional energy saving functions and features required for maximum
comfort and energy savings)
1.Honeywell will install a Y7505 Building Management system with a
Q7505 Communication Board linked to our Service Center for
monitoring. The system_ will have the following functions and
features:
Page 18 of 34
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Honeywell
RETROFIT SERVICES
a.Time-of-day scheduling to match the occupancy schedule of each
area.b.Continuous self-diagnosis for faster service and easier problemsolving.c.Remotely review or change of building load status, temperatures,
and setpoints to meet occupants needs. _:;;,, ·
d.Automatic dial-out of advisory messages, alarm contact input, ortemperature alarms for quicker problem solving.e.Inter-channel delays for power surge protection.f.Five temperature inputs for control and monitoring to offer moreflexibility and area specific coverage in the building.
2.Various perimeter zone pumps will be controlled through the use ofprogrammable set-back zone controllers. This will allow the City of
Columbia Heights to save additional energy during unoccupied hours.
3.Training room -this room will use a local manual controller and only
operate during occupancy. This is an interior room and will not be
affected greatly by outdoor ambient conditions.
4.Police Department office -because of its limited occupancy (5 days perweek), Honeywell will install a set-back thermostat. The unit willhave a limited override for an occasional after hours work schedulerequirement.
5.Computer room -as mentioned in item 1-b, a space sensor will be
installed to signal a problem to the service center.
H.Lighting -the fluorescent fixtures will be upgraded to high efficiency
lamps and ballasts. See Table Il for details.
Page 19 of 34
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Hone�el�
RETROFIT SERVICES
I.Mayor's Office Lighting (new) -lights will be installed in the Mayor's
office -the new lights will be relocated for better light levels and coverage
of the area. The use of dimmer switches and track lighting will greatly
enhance the office ambiance and comfort.
J.Caulking -(Problem -old caulking is deteriorating) Honeywell W!1};,.,�ve
old caulk removed and replaced with a very high grade fifty (50)-year caulk
to be supplied by a mutually agreed upon contractor. The caulking will .� include the fire department garage door frames.
K.Infrared Scanning -Honeywell will provide yearly infrared scans of the
building to identify any external building envelope inefficiencies.
Honeywell wants to ensure that every portion of the building is evaluated
and corrected to support the objectives of this program.
L.Indoor Air Quality (IAQ) -Honeywell will provide the City with an
indoor air quality diagnostic study using a systems approach to identify and
prevent indoor air quality problems in a cost efficient manner. An IAQ
, specialist will meet with the staff, review building design, conduct an on-site
inspection, analyze the findings, and report to owner with findings and
recommendations for mitigating the problems.
M.A timer switch will be installed to control the fire hose tower exhaust fan.
N.Two (2) windows in police station will be replaced located in the remodeled
garage area.
Page 20 of 34
Honeywel�
RETROFIT SERVICES
Il. MURZYN BALL
A.Steam Heating System -Honeywell will test all steam traps for proper
operation. All faulty steam traps which can reduce the system's heating
cap acity and waste energy will be replaced.
B.Hot Water Heating System
;-:.:.->
1.Circulating pumps -two (2) existing circulating pumps have a history
of failure and leaking. Honeywe ll will replace these pumps for better
reliability. The leaking seal problem is due to poor system water
quality. Honeywell will filter out impurities and chemically treat the
water to keep it in a neutral state, thus preventing future system
problems.
2.Alarms for boiler and pump failure will be provided through our
monitoring system. This feature is provided on both pumps and both
boiler systems.
C.Lounge -Honeywell will install controls to the existing system to purge
the smoking area with fresh air during occupancy.
D.New Addition -The fan system serving the basement and lounge shall be
rezoned to match occupancy. The lounge or basement will only receive
conditioned air during occupancy of the specific area. The lounge area is
currently vented and conditioned during the week as the basement is used
and vice versa for the basement during the weekend when the lounge is
being used, thus wasting energy. Available frequency fan drive, dampers
and temperature sensors will aid our new control scheme to optimize control
of these areas and to achieve �nergy savings.
34 Page 21 of. __ _
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Honerwell
RETROFIT SERVICES
E.Main Hall and Office -The coils and blower wheels will be cleaned to
improve air flow and heat transfer for improved efficiency.
F.South Entrance -An ice build-up problem has been noted over the south
entrance. Honeywell will install insulation into the affected area to reduce
the rapid melting of snow, which causes the ice build-up in the gutters. If
this does not solve the problem, other methods will be discussed and
negotiated between the City of Columbia Heights and Honeywell.
G.Energy Management System (EMS)
1.Honeywell will install a Y7505 Building Management system with a
Q7505 Communication Board linked to our Service Center for
monitoring. The system will have the following functions and
features:
a.Time-of-day scheduling to match the occupancy schedule
of each area.
b.Continuous self-diagnosis for the faster service and easier
problem solving.
c.Remotely review or change building load status,
temperatures and setpoints to meet occupants needs.
d.Automatic dial-out of advisory messages, alarm contact
input or temperature alarms for quicker problem solving.
e.Inter-channel delays for power surge protection.
f.Five temperature inputs for control and monitoring to
offer more flexibility and area coverage in the building.
2.The energy management system will start the main hall system prior
to occupancy to assure that the occupants will be comfortable. Pre
cooling of the room will help keep the space cooler, longer during
periods of high occupan�y.
3.The new addition fan system will have new zones for the basement
and lounge that will be controlled by the Energy Management System.
Page 22 of 34
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Honeywell
RETROFIT SERVICES
4.The boilers and pumps will automatically be turned off when the
outside air temperature rises above a predetermined temperature.
S.The Energy Management System will start and stop the exhaust fan
systems to match occupancy.
H.Lighting -Occupancy sensors will be installed in the basement rooms to
insure that the lights are turned off during unoccupied times. Varibus -
office, corridor and rest room lights will be replaced. See Table m for
details.
I.Power Factor Correction -The City is paying a penalty for a low power
factor created by some inductive motors. Honeywell will correct the
problem, thus assuring the City of lower utility bills. It will also relieve the
overloading of electrical feeders to the building and enhance the safety of
the building.
1.Caulking -(Existing caulking is deteriorating) -Honeywell will have all
of the old building caulking removed and replaced with a very high grade
fifty (50) year caulk to be supplied by a mutually agreed upon contractor.
K.Infrared Scanning -Honeywell will provide yearly infrared scans of the
building to identify any external building envelope inefficiencies.
Honeywell wants to ensure that every portion of the building is evaluated
and corrected to support the objectives of this program.
Page 23 of 34
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Honeywell
RETROFIT SERVICES
ID. LIBRARY
A.Weather Stripping and Caulk-Honeywell will replace deterioratedcaulk with a very high grade fifty (50) year caulk to be supplied by Amutually agreed upon contractor. The program will also provide weatherstripping around the windows located along the outside east wall.-Wooden
trim and sill pieces are not included.
B.Boiler Lockout -A temperature control located in the outside air willautomatically tum the boiler and pump off when the outside air temperature
rises above 65° F. for energy savings and for the possibility of overheating
the space.
C.Lighting -Toe fluorescent fixtures will be upgraded with high efficiency
lamps and ballasts. See Table IV for details.
D.Infrared Scanning -Honeywell will provide yearly infrared scans of the
building to identify any external building envelope inefficiencies.
Honeywell wants to ensure that every portion of the building is evaluatedand corrected to support the objectives of this program.
Page 24 of 34
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RETROFIT SERVICES
IV.TOP V ALU LIQUOR STORE
A.Energy Management System -Honeywell will install a Y7505 Building
Management system with a Q7505 Communication Board linked to our
Service Center for monitoring. The system will have the following;.:.-s .
functions and features:--
Hone,ywell
1.Time-of-day scheduling to match the occupancy schedule of each area.-�2.Continuous self-diagnosis for faster service and easier problem
solving.
3.Remotely review or change building load status, temperatures and set
points to meet occupants needs.
4.Inter-channel delays for power surge protection.
5.Direct control of the rooftop units through the addition of a W74000
control system, will allow for ramping the indoor temperature to
parallel the outside air temperature. Each zone will also use
Honeywell's optimum start/stop feature that will gauge the time
required to bring each zone to set point on a daily basis for heating
and cooling.
B.Ceiling Fans -Honeywell will install seven (7) 52" ceiling fans in the store
area to eliminate air stratification caused by the high ceilings. The fans will
improve comfort and save energy.
C.Lighting -The fluorescent fixtures will be upgraded with high efficiency
lamps and ballasts. See Table V for details.
Page 25 of 34
. Honeywell
RETROFIT SERVICES
V.HEIGHTS UQUOR
-::,., . A.Honeywell will install a programmable Chronotherm m thermostat for
maximum energy savings during unoccupied times.
B.Lighting -The fluorescent fixtures will be upgraded with high efficiency
lamps and ballasts. See Table VI for details.
Page 2 6 of�
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Honeiwell
RETROFIT SERVICES
VI PARK WARMING HOUSE'S LOCATED AT GAUVITfE, HUSET, KEYF.S,
MCKENNA, MATHAJRE, SOUTHWEST, OSTRANDER, AND
PRESTEMON
A.Honeywell will install programmable T8600 Chronotherm m thermostats
for maximum energy savings during unoccupied times.
B.All warming houses have their thermostats set high in the winter, because
of a fear of freeze-up in the bathrooms. To provide freeze protection, a low
limit thermostat will be installed in each men's restroom to assure the City
of Columbia Heights that the furnace will run if the temperature in the
bathroom drops too low. This protection will allow us to maintain a lower
and more reasonable temperature in the main wanning house area, thus
saving energy.
C.Huset Park -The warming house at Huset Park does not have a heat air duct
supplying the men's restroom. Honeywell will install a heat duct to the
restroom to insure safe temperatures during the winter.
D.Lights -various lights will be retrofitted. See Table VIl for details.
Page 27 of 34
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Honeywell
RETROFIT SERVICES
VIl. PUMP HOUSES
A.Pump House #2
1.Honeywell will use the guide specifications provided to us by MSA
for the system revisions to pump house #2 originally called I�!!} �
Mark Winson will approve all work and design for the City-of
Columbia Heights.� 2.Honeywell will install a programmable T8600 Chronotherm m
thermostat for maximum energy savings during unoccupied times.
3.Power factor correction -the City is paying a penalty for a low
power factor caused by the large inductive pump motors. Honeywell
will correct the problem, thus assuring the City of lower utility bills
(NO PENALTY PAYMENTS). The power factor correction will also
relieve the overloading of the electrical feeders to the building caused
by a low power factor.
B.Pump House #3
1.Honeywell will install a programmable T8600 Chronotherm m
thermostat for maximum energy savings during unoccupied times.
2.Power factor corrections -Honeywell will correct the power factor
problem as described for Pump House #2 on the existing pump motors
in pump house #3. By correcting the power factor, Honeywell will
guarantee the City of lower utility bills as the result of no penalty
payments. The electrical feeder overloading possioility will also be
eliminated through the process of correcting the power factor.
Page 28 of 34
Honeywell
RETROFIT SERVICES
VIII SERVICE GARAGE
A.Boiler Control -(Problem -the boiler water temperature is maintained at a
constant temperature regardless of the outside ambient conditions)
Honeywell will install a boiler water temperature outdoor reset controller to
maintain a proper balance between the heating water temperature and
outdoor air temperature. The control will automatically raise the 'heating
water temperature as the outdoor temperature lowers. The boiler will � operate at the lowest possible temperature to maintain building comfort, thus
saving energy. The boiler and pump will tum off automatically when the
outside air temperature rises above 65° F. This eliminates heat loss through
the vent stack and boiler body when the building does not need heat.
B.Carbon Monoxide (CO) Alarm -Honeywell will upgrade the existing
Tox Alert Safety Systemby increasing it to two (2) zones. The current
system ventilates the entire facility (49,000 sq. ft.) during an alarm. The
building has two (2) distinct areas that allow for two (2) zones to be
implemented in the facility. Honeywell's upgrade will only ventilate the
area with an alarm. Honeywell will maintain a high safety level in the
facility while saving energy. By ventilating only the toxic area, we
eliminate the energy waste in the unaffected area and will maintain a better
comfort level. The comfort level remains constant in the unaffected area,
because during an alarm condition the space temperature is lowered.
C.Make-up Air Units (MAU's)
1.Lower level -when the MAU in the lower level operates, the
occupants cannot close the outside doors because of the high static
pressure in the building. The high static problem is caused by the
MAU supplying more a4" than the exhaust system can remove from
the space. Honeywell will air balance the MAU output to match the
exhaust system's capacity.
Page 29 of 34
Honeywell
RETROFIT SERVICES
2.Upper level -the area has three (3) MAU's. Honeywell will verify
that the Paint Booth, Welding Hood, and Engine Fume exhaust
systems are interloaded with MAU's to work together. During a toxic
alarm condition, the exhaust system and MAU's will run to provide
3/4 CFM per square foot of space.
3.Temperature controls -the MAU operating and changeover controls
will be automated for better transition between summer and-wmter.
The present system has too many manual functions (occupied,� unoccupied, ON-OFF, summer-winter, heat-vent, etc.) to be efficient.
D.Unit Heaters
1.Our new temperature control strategy and installation of the energy
management system will ensure that the present unit heaters will
provide the area with its prill)ary heat as
designed.-·· -
2.Large drafts of cold air art; felt when the overhead doors in the upper
level are opened. When the doors are opened in the winter, the
thermostat location does not allow for quick response to the rapid
temperature changes. By the time the thermostat senses the cold air, a
large area is already affected. F.ach of the two (2) doors has a unit
heater aimed at it for heat. Honeywell will interlock the overhead
door with the heater, so that when the door opens and the outside air
temperature is below 35° F, the unit heater will run. The operation of
the unit heater at this time will create an air curtain that will minimiz.e
the current air drafts on the employees. You save energy and keep
productivity maximized.
E.Energy Management Systems (EMS)
1.Honeywell will install a 'Y7505 Building Management System with a
Q7505 Communication Board linked to our Service Center for
monitoring. The system will have the following components:
Page 30 of�
Honeyw�I�
RETROFIT SERVICES
a.Time-of-day scheduling to match the occupancy schedule of each
area.
b.Continuous self-diagnosis for faster service and easier problem
solving.
c.Remotely review or change building load status, temperatures
and setpoints to meet occupants needs.-;::J . d.Automatic dial-out of advisory messages, alarm contact mput,
or temperature alarms for quicker problem solving.
e.Inter-channel delays for power surge protection.
f.Five temperature inputs for control and monitoring to offer
more flexibility and area coverage in the building.
2.Exhaust systems will be operated through our EMS logic and operate
only as required.
3.Summer-winter changeover will be automatic for maximum comfort.
F.Lights -Various lights will be retrofitted. See Table VIlI for details.
G.Infrared Scanning -Honeywell will provide yearly infrared scans of the
building to identify any external building envelope inefficiencies.
Honeywell wants to ensure that every portion of the building is evaluated
and corrected to support the objectives of this program.
H.Shop Air Compressor -The existing 15 hp air compressor shall be cycled
off during periods of unoccupancy.
Page 31 of 34
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Honeywell
RETROFIT SERVICES
IX ATHLETIC FIELDS
A.The existing incandescent bulbs and fixtures will be replaced to increase
energy savings and extend bulb life. Metal halide lamps will be used. See
table IX for details.
-:;., . -· B.Lighting levels will be improved unless otherwise noted, but will never be
below the illuminating Engineering Society (IES).
Page 32 of�
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Honeywell
Special Services/Provisions
CITY OF COLUMBIA HEIGHTS
ANNUAL COST OF OPERATIONS
::::::-> •
COST UNDER -�COST CATEGORY CURRENT HONEYWELL PROGRAM
In-House Labor $32,935 -0-
General Supplies $1,573 -0-
Lighting Supplies $5,346 -0-
Boiler Inspection $120 $120
Consulting Services $4,924 -0-
Maintenance Contract $11,450 -0-
Energy/Gas, Electric $141,254 $98,899
Utility Taxes $9,182 $6,429
Capital Improvements $33,428 -0-
Heating/Cooling Component Replacement $14,772 -0-
HV AC Repairs $20,570 $3,000
Lighting Repairs $735 -0-
Other Equipment $140 -0-
Productivity $20,000 -0-
Honeywell Program ....:0.: $173,814
TOTAL $296,429 $282,262
Residual value of asset investment at end of 7 year lease purchase agreement equals
$570,000.
Client _________________ _
For Honeywell ______________ _
Date __________________ _
Page _33_ of ----3-'I.
81-3353-452 REV 1/91
--a
l.,.)
0 Hi
l.,.) �
Ten Year Cost of Operations Financial Analysis
Current
Cost of
Year Operations
1 $296,429
2 $308,286
3 $320,617
4 $333,442
s $346,780
6 $360,651
7 $375,077
8 $390,080
9 $405,683
10 $421.910
TOTAL $3,558,955
for
City of Columbia Heights
(Seven Year Lease Program)
Cost if
Under Honeywell
Program
$28�,262
$288,733
$295,463
$302,461
$309,740
$317,310
$325,183
$212,881
$221,396
$230.252
$2,785,681
Annual
Cost Difference
$14,167
$19,553
$25,154
$30,981
$37,040
$43,341
$49,894
$177,199
$184,287
$191.658
$773,274
•Lease buyout -$1.00 and residual value of equipmentNote: All Operational Costs escalated at 4.096 annually.
Cummulative Cost Difference
$14,167
$33,720
$58,874
$89,855
$126,895
$170,236
$220,130
$397,329
$581,616 ,,
$773,274
�
Cummulative Cost
Difference Plus
Current Equipment
Value
$714,106
$713,661
$718,816
$729,798
$746,839
$770,181
$800,076*
$957,276
$1,121,564
$1,293,223
' ..
1 • -·
Honeywen
Special Services/Provisions
CLAIMS RESOLUTION
;:::-S
The parties agree that any controversy or claim between Honeywell and the City of
Columbia Heights arising out of or relating to this contract, or the breach thereof, shall
be settled by arbitration, conducted in accordance with the Construction Industry
Arbitration rules of the American Arbitration Association, before a single arbitrator.
Any award rendered by the arbitrator shall be final, and judgment may be entered upon
it in accordance with the applicable law in any court having jurisdiction thereof.
Client ________________ _
For Honeywell ______________ _
Dale _________________ _
Page 34 of '3'4
81·33�3-452 REV 1/91
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I I l I I·. I CITY HALL: AIR FLOW REQUIREMENTS TABLE I COLUMBIA HEIGHTS
MAIN OFFICE
CFM CFM CFM
RECOMMENDED LISTED ACTUAL
AHU-4 Rooftop Unit
Bldg. lnsp. 150 120
Files 100 100
Copy 200 250
Audio 175 200
Conf. Room 900 600
Prob. Office 50 50
Admin Assist 150 150
City Manager 250 270
Admln. 800 805
Corridor 1200 1500
VVT Boxes
Bldg. lnsp. Zone 625 670
Conf. Rm. A Zone 300 300
Conf. Rm. B Zone 300 300 'I
Conf. Rm. New Zone 300 n/a \;
Admln. Assist 150 150
City Manager 250 270
Admin. 800 805
Corridor 1200 1500
�
CITY HALL: AIR FLOW REQUIREMENTS TABLE I COLUMBIA HEIGHTS
POLICE
. CFM CFM CFM
RECOMMENDED LISTED ACTUAL
AHU-2 Rooftop Unit
Captain 100 125
Finger Print 100 100
Sargent 125 200
Hall 250 300
Open Area 500 600
Patrol 200 200
Investigation 325 325
Small Room 50 50
Small Room 50 50
Sec. 100 150
Police Chief 160 150
Conference 160 150
Lobby 175 200
.,
CITY HALL: AIR FLOW REQUIREMENTS TABLE I COLUMBIA HEIGHTS
FINANCE AREA
CFM CFM CFM
RECOMMENDED LISTED ACTUAL
AHU-6 Rooftop Unit
Directors 400 400
Open Office 800 800
So. Office 195 150
So. Open Office 155 200
,,
.:,,,-;-
CITY HALL: AIR FLOW REQUIREMENTS TABLE I COLUMBIA HEIGHTS
HRA/FIRE CHIEF
. CFM CFM CFM
RECOMMENDED LISTED ACTUAL
AHU-8 Rooftop Unit
Asst. Chief 300 300
Chief 300 300
No. Office 200 200
Open Office 500 480
S.E. Office 200 180
E.Room 100 n/a
E.Room 100 n/a
E.Room 100 n/a
E.Room 100 n/a
E.Room 100 n/a
I BUILDING -CITY HALL TABLE II
lAMPS WATTS TOTAL BALlAST TOTAL
TYPE OF NO.OF PER PER #OF PER #OF SPECIAL ACTION
AREA ASSEMBLY ASBY ASBY lAMP lAMPS ASSEMBLY BALlASTS OR DETAILS
Admin. Office 4' 4 lamp lay in 72 4 32 288 1 72
File, Copy Rooms 4' 4 lamp Wrap 7 4 32 28 1 7
Break Room 4' 2 lamp Wrap 2 2 32 4 1 2
Court Office 8' 4 lamp Wrap 9 4 32 36 1 9
Court Office 4' 2 lamp Wrap 5 2 32 10 1 5
Court Office 4' 3 Lamp Wrap 48 3 32 144 1 48
Corridors 4' 2 lamp Wrap 13 2 32 26 1 13 ..
Corridors 16' 4 lamp Wrap 5 4 32 20 1 5
Corridors 8' 2 lamp Wrap 2 2 32 4 1 2
Corridors 8' 4 lamp Wrap 1 4 32 4 1 1 -
Rest Rooms 4' 2 Lamp Wrap 7 2 32 14 1 7
Rest Rooms 4' 4 lamp Layin 1 2 32 2 1 1
HRA Office 4' 2 Lamp Wrap 14 2 32 28 1 14
HRA Office 8' 4 Lamp Wrap 5 1 32 5 1 5
Fire Dept. 4' 4 Lal)'lp Lavin 8 4 32 32 1 8
Fire Dept. 4' 2 Lamp Wrap 2 2 32 4 1 2
Fire Dept. 8' 4 Lamp Egg Cr. 2 4 32 8 1 2
Fire Dept. 4' 2 Lamp Egg Cr. 2 2 32 4 1 2
Fire Dept. 8' 4 Lamp Cove 4 1 32 4 1 4
Bedrooms 4' 4 Lamp layin 2 3 32 6 1 2
Basement 4' 2 Lamp Wrap 2 2 32 4 1 2
Police Area 8' 4 lamp Cove 12 4 32 48 1 12
Police Area 4' 4 lamp Wrap 1 4 32 4 1 1 ., Police Area 4' 2 Lamp Wrap 28 2 32 56 1 28 t
Police Area 4' 4 lamp Layin 16 4 32 64 1 16
Shooting Range 8' 4 Lamp Cove 1 4 32 4 1 1
Shootina Range 4' 2 Lamp Wrap 1 2 32 2 1 1
Police T rng Room 8' 4 Lamp Wrap 9 4 32 36 1 9
Utilities Room 8' 4 lamp Wrap 2 4 32 8 1 2
Locker Rooms 4' 2 lamp Wrap 4 2 32 8 1 4
Locker Rooms 8' 4 lamp Wrap 2 4 32 8 1 .2
BUILDING -CITY HALL TABLE II
LAMPS WATTS TOTAL BALLAST TOTAL
TYPE OF NO.OF PER PER #OF PER #OF SPECIAL ACTION
AREA ASSEMBLY ASBY ASBY LAMP LAMPS ASSEMBLY BALLASTS OR DETAILS
Garage 4' 2 Lamp Vaportig 29 2 32 58 1 29
Garage 4' 2 Lamp Egg Cr. 2 2 32 4 1 2
Mayor Office 4' 3 Lamp Parah 2 3 32 6 1 1 Fig. 1
Mayor Office 6' Track 2 3 50 6 n/a n/a Install dimmer switch -See fig. 1
Mayor Sec. 4' 3 Lamp Parah 2 3 32 6 1 1 Fig. 2
Mayor Sec. 4' Track 1 2 50 2 n/a n/a Install dimmer switch -See fig. 2
Corridor Capsylites 3 1 90 3 n/a n/a
Restroom PL Screw in 2 1 28 2 n/a n/a
Basement PL Screw in 5 1 28 5 n/a n/a
Locker Rooms PL Kits 2 1 22 2 n/a n/a
BUILDING -MURZYN HALL TABLE Ill
LAMPS WATTS TOTAL BALLAST TOTAL
TYPE OF NO.OF PER PER #OF PER #OF SPECIAL ACTION
AREA ASSEMBLY ASBY ASBY LAMP LAMPS ASSEMBLY BALLASTS OR DETAILS
Main Office PL Screw in 5 1 22 5 n/a n/a
Main Hall Capsylites 43 1 45 43 n/a n/a
Corridor PL Screw in 1 1 22 1 n/a n/a
Corridor Capsylites 6 1 75 6 n/a n/a
Restrooms PL Screw in 12 1 22 12 n/a n/a
Landing PL Kit 1 1 28 1 n/a n/a
Edgemoor Room Existing n/a n/a n/a n/a n/a n/a Install motion detectors
Prestemon Room Existing n/a n/a n/a n/a n/a n/a Install motion detectors
McKenna Room Existing n/a n/a n/a n/a n/a n/a Install motion detectors
Senior Lounge Existing n/a n/a n/a n/a n/a n/a Install motion detectors
Youth Lounge Existing n/a n/a n/a n/a n/a n/a Install motion detictors .
Preschool Room Existing n/a n/a n/a n/a n/a n/a Install motion detectors -
,,
.;e,,,;-
BUILDING -LIBRARY
LAMPS WATTS
TYPE OF NO.OF PER PER
AREA ASSEMBLY ASBY ASBY LAMP
Office, Lobby 4' 3 Lamp Parah 10 3 32
East Stacks 8' 4 Lamp Wrap 22 4 32
Basement 4' 4 Lamp Wrap 47 4 32
Basement 8' 4 lamp Strip 2 4 32
Basement 4' 2 Lamp Strip 3 2 32
Storage PL Screw in 1 1 22
Restrooms PL Screw in 2 2 22
TOTAL BALLAST #OF PER
LAMPS ASSEMBLY
30 1
88 1
188 1
8 1
6 1
1 n/a
4 n/a
TABLE IV
TOTAL #OF
BALLASTS
10
22
47
2
3
n/a
n/a
\ I\
SPECIAL ACTION
OR DETAILS
BUILDING -TOP VALUE LIQUORS
LAMPS WATTS
TYPE OF NO.OF PER PER
AREA ASSEMBLY ASBY ASBY LAMP
Display 4' 4 lamp Lavin HICL 25 4 32
Display 8' 2 lamp Strip 67 2 60
Rear Storage 8' 2 Lamp Strip 12 2 60
Rear Storage 16' 2 Lamp Strip 5 2 60
Bathroom 4' 2 Lamp Wrap 1 2 32
Office 4' 4 Lamp Layin 14 3 32
Office 8' 4 Lamp Layin 1 4 32
2nd Storage 8' 2 Lamp Strip 9 2 60
2nd Storage 4' 4 Lamp La yin 4 3 32
Storage PL Screw in 1 1 22
TOTAL BALLAST
#OF PER
LAMPS ASSEMBLY
100 1
134 1
24 1
10 1
2 1
42 1
4 1
18 1
12 1
1 n/a
TABLE V
TOTAL
#OF
BALLASTS
25
67
12
5
1
14
1
9
4
n/a
.;,,,,,;-
I I\
SPECIAL ACTION
OR DETAILS
-
BUILDING -HEIGHTS LIQUOR
LAMPS WATTS
TYPE OF NO.OF PER PER
AREA ASSEMBLY ASBY ASBY LAMP
Main Store 4' 4 Lamp Wrap 32 4 32
Main Store 16' 2 lamp Strip 3 2 60
Bathroom 4' 2 Lamp Strip 1 2 32
Entry PL Screw In 2 1 22
Cooler PL Screw In 3 1 28
Hall PL Kits 2 2 13
TOTAL BALLAST
#OF PER
LAMPS ASSEMBLY
128 1
6 1 2 1 2 n/a
3 n/a
4 n/a
TABLE VI
TOTAL
#OF
BALLASTS
32 3
1
n/a
n/a
n/a
I ,,
SPECIAL ACTION
OR DETAILS
I BUILDING -PARK BUILDINGS TABLE VII
LAMPS WATTS TOTAL BALLAST TOTAL
TYPE OF NO.OF PER PER #OF PER #OF SPECIAL ACTION
AREA ASSEMBLY ASBY ASBY LAMP LAMPS ASSEMBLY BALLASTS. OR DETAILS
SOUTHWEST
Main Room Met. Hal. Wall PK 1 1 175 1 n/a n/a
Bath Entry PL Kits 2 1 18 2 n/a n/a
GAUVITTE
MCKENNA
Main Room HPS Vandalproof 8 1 100 1 n/a n/a
Bathroom PL Kits 4 1 18 1 n/a n/a
Outside Floods HPS Wall Pack 3 1 100 3 n/a n/a
MATHAIRE
KEYES
OSTRANDER
PRESTEMON
Main Room Metal Halide 2 1 175 2 n/a n/a
Bath Hall PL Kit 1 1 18 1 n/a n/a
HUSET
Main Room PL Kit 6 1 26 6 n/a n/a
Canteen PL Kit 1 1 18 1 n/a n/a
Bathroom PL Kit 3 1 26 3 n/a n/a
PL Screw In 5 1 26 5 n/a n/a
PL Screw In 3 1 26 3 n/a n/a
.,
:;,,,,,,-
BUILDING -MUNICIPAL SERVICE CENTER TABLE VIII
LAMPS WATTS TOTAL BALLAST TOTAL
TYPE OF NO.OF PER PER #OF PER #OF SPECIAL ACTION
AREA ASSEMBLY ASBY ASBY LAMP LAMPS ASSEMBLY BALLASTS OR DETAILS
Shop Area 8' 2 Lamp Slim Strip 15 2 60 30 1 15
Shop Area 4' 2 Lamp Strip 3 2 32 6 1 3
Shop Area 8' 4 lamp fndust. 13 4 60 52 2 26
Basement 8' 2 Lamp HO 2 2 95 4 1 2
1st Fl. Garage 8' 2 Lamp HO 3 2 95 6 1 3
Paint Booth 4' 4 lamp Layin 14 4 32 56 1 14
Office 4' 4 Lamp Layin 21 4 32 84 1 21
Office 8' � Lamp lndust. 20 4 32 80 1 20
Office 4' 2 Lamp Strip 2 2 32 4 1 2
Office 8' 4 Lamp lndust. 4 4 32 16 1 4 '
Office 8' 4 lamp Layin 31 4 32 124 1 31
Office 4' 2 Lamp La yin 3 2 32 6 1 3
Restrooms 8' 4 Lamp Wrap 3 4 32 12 1 3
Restrooms 4' 2 Lamp Wrap 1 2 32 2 1 1
BUILDING -ATHLETIC FIELDS
LAMPS
TYPE OF NO.OF PER
AREA ASSEMBLY ASBY ASBY
Huset Field 5 Metal Halide 26 1
Huset Field 3 Metal Halide 44 1
Huset/Tennis Metal Halide 32 1
Huset #1 Back St. Metal Halide 1 1
McKenna/Hockey Metal Halide 12 1
Mc Kenna/Skate Metal Halide 2 1
Mathaire/Hockey Metal Halide 16 1
Mathaire/Skate Metal Halide 2 1
Keves/Hockev Metal Halide 12 1
Labelle/Skate Metal Halide 2 1
Ostrander/Skate Metal Halide 2 1 --· Ostrander/Hockey Metal Hallde 12 1
WATTS TOTAL
PER #OF
LAMP LAMPS
1500 26
400 44
400 32
400 1
400 12
400 2
400 16
400 2
400 12
400 2
400 2
400 12
BALLAST
PER
ASSEMBLY
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
TABLE IX
TOTAL
#OF
BALLASTS
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
.;,,,,_.
\ ,,
SPECIAL ACTION
OR DETAILS
Rotating Poles Must be Certified
Light Level Lower, but within 'IES'
guidelines
$$ C.
B.
A.
A.
MAYOR'S OFFICE
FIG. 1
NOTES:
A.2' x 4' lamp parabolic
B.6' indy track w/3 50 w. lamps
C.Existing switch to remain.
Modify 2nd switch to be
dimmer switch for track lights.
B.
$· C.
A.
A.
NOTES:
A.2' x 4' 3 -lamp parabolic
B.4' indy track w/2 -heads
C.Existing switch to be reused.
(Add dimmer switch for
track lighting)
�
'I
SECRETARY'S OFFICE
FIG. 2
.:;,,,,,-;-
CITY OF COLUMBIA HEIGHTS
MEETING OF: November 9, 1992
AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIG INA TING DEPARTMENT: CITY MGR
NO: 6 CITY MANAGER'S APPROVAL
ITEM: ORDINANCE RE: REGULATION OF SKATE-BY: S. W. ANDERSON B�w1
BOARDS, ROLLERSKIS/SKATES/BLADES ON
NO: �./!J. PUBLIC & PRIVATE GROUNDS
DA TE: 11/03/92 11-f-o/V-
The first reading of Ordinance No. 1236 was held September 28, 1992. Its adoption, scheduled for
October 12, 1992, was tabled for further discussion. The proposed ordinance would regulate the
use of skateboards, rollerskis, rollerskates, and rollerblades on public and private grounds within
the City of Columbia Heights.
A representative of the Police Department will be available to answer questions.
RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample
copies available for the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1236, Being an Ordinance Amending
Ordinance No. 853, City Code of 1977, Pertaining to the Regulation of Skateboards, Rollerskis,
Rollerskates and Rollerblades on Public and Private Grounds.
COUNCIL ACTION:
ORDINANCE NO. 1236
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REGULATION OF SKATEBOARDS, ROLLERSEIS, ROLLERSKATES AND ROLLERBLADES ON PUBLIC AND PRIVATE GROUNDS
The city of Columbia Heights does ordain:
SECTION 1: Chapter 10, Article II, Section 7, of Ordinance No. 853, City Code of 1977, which is currently reserved, shall be amended to hereafter read as follows, to-wit:
10.207(1) Intent and Purpose. It is the intent and purpose of this ordinance to protect the public health and safety by the regulation of the use of skateboards, rollerskis, rollerskates and rollerblades within the City and to prohibit use of the same within designated areas and to provide penalties for violations.
10.207(2) Definitions. The following definitions shall apply in the interpretation and application of this section, and the following words and terms, wherever they occur in this section, are defined as follows:
(a)Skateboard. A non-motorized platformmounted on wheels.
� (b) RollerskL A non-motorized ski-likedevise mounted on wheels.. (c)Rollerskate/Rollerblade. A nonmotorized device with wheels which isattached to a shoe or designed to beattached to a shoe.
10.207(3) Prohibited Conduct. No person shall ride or propel oneself upon skateboards, rollerskis, rollerskates or rollerblades within any of the following areas:
(a} The area west of Reservoir Boulevard, east of Van Buren Street N.E., and north of 39th Avenue N.E., south of 42nd Avenue N.E.
(b)On or about any public tennis courtswithin the city limits of ColumbiaHeights.
(c)On or about any public or privateparking lot, ramp, area or facilitywithout the express written permissionof the owner thereof.
(d)In any area within the city limits ofColumbia Heights while being pushed,pulled, or in any way propelled by anymotorized vehicle or by a person on abicycle.
(e)In any area or in any manner which iscontrary to the statutory provisionsapplicable to the operation of bicycles.
10.207(4) Exceptions. Notwithstanding anything herein to the contrary, the provisions of this Chapter shall not apply to the following:
(a)The owner of any property using suchpremises for skateboards, rollerskis,rollerskates or rollerblades for theowner's own use or for an organizedevent conducted with the owner'spermission.
(b)Nothing in this Chapter shall beconstrued to prohibit the use of awheelchair or any other wheeled devicedesigned to assist a disabled person onany of the places mentioned herein.
10.207(5) Penalties. Any violation of this Chapter is a petty misdemeanor and is subject to all penalties provided for such violation under Minnesota Statutes.
10.207(6) Impoundment. The Columbia Heights Police Department may impound any skateboard, rollerskis, rollerskates or rollerblades used, ridden, operated, owned or possessed or otherwise existing upon any public or private property within the City of Columbia Heights in violation of this Section. Any skateboard, rollerskis, rollerskates and/or
2
rollerblades impounded by the City and which remains unclaimed by the owner for a period of 60 day� may be sold at public sale or auction following published notice.
SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading: Second Reading: Date of Passage:
Offered by: Seconded by: Roll Call:
September 28, 1992
Donald J. Murzyn, Jr., Mayor
Jo-Anne Student, Council Secretary
3
PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES NOVEMBER 3, 1992 PAGE 1
2.11.
The Planning and Zoning Commission meeting of November 3, 1992 was called to order at 8:00 p.m. Members present were Deering, Larson, Peterson and Szurek. Commissioner Ryan was not present.
Also present was Evelyn Nygaard (Building/Zoning Administrator), Don
Schneider (Director of H.R.A.) and Gregg Voods (City Attorney).
Motion by Larson, seconded by Deering, to approve the minutes from the meeting of October 6, 1992 as presented in writing. Roll Call: All Ayes.
NEY BUSINESS: Petitions, letters and requests.
A.Public Hearing
Conditional Use Permit
Case #9211-19
Kendall Stone RE: 4747 Central Avenue
Columbia Heights, Mn.
Evelyn Nygaard presented the request of Mr. Stone for a Conditional Use Permit to allow the operation of a Christmas tree sales lot on the Central Avenue side of the K-Mart parking lot on the north side of the driveway.
The tree lot would use an area approximately 75 feet by 100 feet,
temporarily eliminating approximately 20 parking spaces. The dates of operation would be from November 27 through December 23, 1992. Ms.
Nygaard stated that the K-Mart lot was restripped this last summer but the manager does not know how many parking spaces exist on the lot. However, Ms. Nygaard stated that the remaining parking spaces would be more than
adequate without the area of the proposed sales lot. She also stated that
the manager of K-Mart had provided Mr. Stone a letter granting him permission to conduct the sales lot on K-Mart property.
Motion by Larson, seconded by Peterson, to approve the Conditional Use Permit to allow the operation of a Christmas tree sales lot in the n.w.corner of the K-Mart parking lot at 4747 Central Avenue provided all
licensing requirements are fulfilled. Roll Call: All Ayes.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR NOVEMBER 9, 1992.
B.Public Hearing
Conditional Use PermitCase #9211-20
Frank & Jacqueline Padula RE: 3851 Central Avenue Columbia Heights, Mn.
Evelyn Nygaard presented the request of Frank and Jacqueline Padula for a
Conditional Use Permit to allow a residential rental unit on the second
·�
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b
II
m
PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES NOVEMBER 3, 1992 PAGE 2
floor of their commercial property located at 3851 Central Avenue. Ms. Nygaard stated that a one-hour fire separation must be verified prior to rental of the first floor commercial space for occupancy separation. She
also stated a rental license would be required for the second floor residential unit with an inspection of the premises by the Fire Department prior to occupancy.
Motion by Deering, seconded by Larson, to approve the Conditional Use Permit request to allow a residential dwelling unit on the second floor of
their commercial property at 3851 Central Avenue provided a one-hour fire separation be verified prior to occupancy of the first floor commercial space. Roll Call: All Ayes.
**THIS CASE TO APPEAR ON THE CITY COUNCIL AGENDA FOR NOVEMBER 9, 1992.
C.Public HearingVariance
Case #9211-21
American Handyman RE: 5011 N.E. 5th Street Columbia Heights, Mn.
Evelyn Nygaard presented the request of American Handyman Contractors, representing the owners of 5011 N.E. 5th Street, for a three foot, ten inch side yard setback variance to allow the construction of an addition
on the rear of the house. She stated that the north wall of the structure
is currently two feet from the lot line at the front and one foot, three inches from the property line at the edge of the rear porch. She
explained that the north wall of the rear porch would be retained and two feet added if the variance would be approved. She also stated that the kitchen has a wide arch opening into the old porch, so jogging the
addition to the south to meet setback requirements would restrict traffic flow through the building. She indicated that the adjacent structure to the north does not set back as deep on its lot so there would not be a structure directly across from the addition to create a fire problem.
Evelyn Nygaard stated that the property is non-conforming due to the
setback problem on ,the north side of the house. Due to the non-conforming status, the Zoning Ordinance requires the building to be found sound or made sound in order to grant the variance to increase the non-conformity of the building. She stated that on October 21, 1992 a Housing Maintenance inspection was conducted on the premises. It has been agreed that the items addressed on the list would be resolved under contract
between the owner and the contractor, American Handyman, within the six
month building permit time period.
Commissioner Larson was concerned there be no possibility that in the future, someone could construct a deck on the rear of the proposed addition. Nygaard stated that the variance procedure for a non-conforming
property would need to be pursued. Joe French, representative from
PLANNING AND ZONING COMMISSION
REGULAR MEETING -MINUTES
NOVEMBER 3, 1992 PAGE 3
American Handyman, stated that the property had been studied at great length and without the variance, it would be almost impossible to do anything to the building.
Motion by Deering, seconded by Larson, to approve the variance request for
5011 N.E. 5th Street as it will improve the liveability of the premises, provided that all work, including exterior painting, be completed within six months from the date the building permit is issued. Roll Call: All Ayes.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR NOVEMBER 9, 1992.
STAFF REPORTS.
A.Evelyn Nygaard informed the Commission that the screening fence on the
north side of the Kraus-Anderson property located at 4300 Central Avenue(Top Valu Mall) in obstructing visibility on egress from the parking lotand would need to be relocated. The problem was caused when 44th Avenue
was widened in that area this last summer.
Commissioner Larson questioned why that was not reviewed before the street project was approved.
The Commission directed Staff to research past meeting records to find out
exactly what was required by the various stages of development of that site and to present that information for the next meeting for discussion and/or action.
B.Evelyn Nygaard informed the Commission that the City Council, at their
recent work session, determined that it would not be necessary that theColumbia Heights Mall designate/mark parking spaces for the proposedbar/restaurant, The Box Seat, 4005 Central Avenue.
Motion by Larson, seconded by Peterson, to adjourn the meeting at 8:35 p.m. Roll Call: All Ayes.
Respect�ly submitted,
u�-
KatHryn Pepin -V
Secretary to the Planning and Zoning Commission
kp
CITY COUNCIL LETTER
Meeting of: November 9, 1992
AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER
NO: 7 Planning & Zoning APPROV(\L
.
ITEM: Cond. Use Permit, Kendall Stone BY: Evelyn Nygaard L ..?'-"'-BY, c; ,)-,1 i
NO: #9211-19, 4747 Central Ave. 7. A. I. DATE:Nov. 4, 1992 \ \/�
Kendall Stone appeared before the Planning and Zoning Commission to request a
Conditional Use Permit to allow the operation of a Christmas tree sales lot in the northwest corner of the K-Mart parking lot at 4747 Central Avenue on the north side of the driveway along Central Avenue. The tree lot is proposed to be approximately
75 feet by 100 feet which would temporarily eliminate approximately 20 parking spaces. The parking area for the site was restripped last year. The parking would
be more than adequate without this area. A letter from the General Manager of KMart granting Mr. Stone permission to operate the tree sales lot on K-Mart premises is attached.
The Planning and Zoning Commission unanimously recommend approval of the Conditional Use Permit provided all licensing requirements are fulfilled.
RECOMMENDED MOTION:
Moved to approve the Conditional Use Permit to allow the operation of Christmas tree sales lot in the northwest corner of the K-Mart parking lot at 4747 Central Avenue from November 27, 1992 through December 23, 1992 provided all licensing requirements
are fulfilled.
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
Application For:
Date: ;ob /f5-. Rezoning Variance Privacy Fence Conditional Use Permit X Subdivision Approval --Site Plan Approval Other
Application 7 ) (l ., ,-,Case No: (A/1-1-i
Fee:� •f(',. (){) Date Paid
Receipt No: ::�1-3{'-J
I
c I J/2.2.
j
l.Street Address of Subject Property:4747 Central Avenue N.E.
2.Legal Description of Subject Property: -------------------------
3.Applicant:4.Owner:
5.
Name: Ke V: d �\ J i si�)r,e_,
Address: !>-5!:/f' cJ .. "I A //; I Y I I /If._. r-r?\j· j Phone· c::,? -'"' -, -o -/ '--1"' ,.-,1'r1:.') V'I' '" t ·�x:...,, ut>' l"·
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K /1 -Bame= J r 1 8 R \
Address: 4 7 l/ 7 Ce I"".·& c / ftp�./)...., . .:;o I Phone: s I I -ts a
Description of Request: 0 ,..,.,f d .::i) , -� .c; e.c-, ::-(' ,,. r (.i:--10 1£..i
� . . � . ; , d< .,,,r.(" ;-..c f (-l'< c:.c ( ./.· ,,,..,,n_,.;:f
6.Zoning:
.. #.
Applicable City Ordinance Number ____________ Section _____________ _
Present Zoning ___________________ Proposed Zoning ___________ _
Present Use ____________________ Proposed U se ____________ _
iteuou for Req.lcSt.: c,J k :.�+C."l<-� rree.... r-e.to..; ( So_ I.<?< L-d-I= /J /4-1. 2 -I ;J /:i: 3 /9 z-
8.Exhibits Submitted (maps, diagrams, etc.) ------------------------
9.Acknowledgment and Signature: The undersigned hereby represents upon all of thepenalties of law, for the purpose of inducing the City of Columbia Heights to take theaction herein requested, that all statements herein are true and that all work hereinmentioned will be done in accordance with the Ordinances of the City of Columbia Heightsand the laws of the State 0,esota._.,........,.__ Signature of Applicant: �JI(/, J/;; Date: /(1 ;{,�/2::._ I / • Taken By: 1')�1
�mart Corporation
City Of t olurnbia Heights 590 40th Av2 NE Columbia Heights, MN 55421
'lb Whom It May Concen1:
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Mr. Ken Stone, operating as Snowy Ridge Farms, is hereby given permission to open and operate a Christmas tree lot in Kmart parking lot. 'Ihe area to be used for said Christmas tree lot will be on the north side of the entry/exit ramp on the west end bordering Central Avenue. Said Chrisbnas tree lot will be in operation beginning Friday, November 27 through December 23, 1992.
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AGENDA SECTION: Communications NO: 7
ITEM: Cond.Use Permit, Padula
CITY COUNCIL LETTER
Meeting of: November 9, 1992
ORIGINATING DEPT.: Planning & Zoning
BY: Evelyn Nygaard _j,,,------1 BY:
CITY MANAGER APPROVAL
NO: #9211-20, 3851 Central Ave. 7.A.2.1 DATE: Nov. 4, 1992
Frank Padula appeared before the Planning and Zoning Commission requesting a Conditional Use Permit to allow a residential rental unit on the second floor of the commercial property located at 3851 Central Avenue.
Section 9.112(2)(b) of the CBD, Central Business District, section of the Zoning Ordinance allows a residential dwelling unit by Conditional Use Permit provided the unit does not occupy the first floor.
A one-hour fire separation must be verified prior to rental of the first floor. Also, a rental license will be required for the second f�oor residential unit with an inspection of the premises.
The Planning and Zoning Commission unanimously recommend approval of the Conditional
Use Permit provided a one-hour fire separation be verified prior to occupancy of the first floor.
RECOMMENDED MOTION:
Move to approve the Conditional Use Permit request to allow a residential dwelling
unit on the second floor of the commercial property at 3851 Central Avenue provided a one-hour fire separation be verified prior to occupancy of the first floor.
COUNCIL ACTION:
CITY OF co ....... MBIA HEIGHTS
Application For:
Application Date: / c, /4 S / 9 __ :,Rezoning Variance Privacy Fence Conditional Use Permit Z: Subdivision Approval Site Plan Approval Other
Case No: {);). J /-<2) 0r
dJ. // r /) ' ·, , • --#· , ) Fee: 7 : , � ..... Date Paid1 -·2
Receipt No· ;;a "7 ./' • i .. ,,. } '":r: )
·.-. 7 ·,
1.Street Address of Subject Property: , 3,R 2( L�a,./ t2. q
2.Legal Description of Subject Property: ________________________ _
(9 Applicant:
Name, g._.,!'""",L.�� CJ c?:</4.
Address: ·-95 !:J-C-/73 (].,t,U!. 1J uJ /}<:,·(4,--�; _ )
c/ Phone: ,,i./ � /-l 30 o _ c.�· -5-":] ('
e Owner:
Name:� 'I" }::;ru.1�. /i c;Lat,
Address: �/
Phone: "-1.::2. I -� 3o a
r_' . . /_, . 5.Description of Request: �7, .r..d..k:7--4 Uili 1:· -(_-4cnd
6.Zoning:
7.
8.
9.
_X,
Applicable City Ordinance Number ____________ Section _____________ _
Present Zoning ___________________ Proposed Zoning ___________ _
Present Use ____________________ Proposed Use ____________ _
Exhibits Submitted (maps, diagrams, etc.) ______________________ _
Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota.
Signature of Applicant: �.,._;..i� '712 L/4 c&L6 Date: lo -1� -<i.;i_,
V • Taken By=-�,�<�T_· ____ _
CITY COUNCIL LETTER
Meeting of: November 9, 1992
AGENDA SECTION: Communications I ORIGINATING DEPT.: CITY MANAGERNO: 7 Planning & Zoning I APPROVAL --
ITEM: Variance, American Handyman BY: Evelyn Nygaard� BY:)wv l L{ __ qv-NO: 9211-21, 5011 N.E. 5th Street 7.A.3. DATE : Nov . 4 , 19 9 2 I_ _ ( -
Joe French of American Handyman appeared before the Planning and Zoning Commissionto request a 3 '10" sideyard setback variance to allow the construction of anaddition on the rear of the house located at 5011 N.E. 5th Street. The north wallof this structure is currently two feet from the lot line at the front and 1'3" fromthe line at the edge of the rear porch. The north wall of the rear porch would beretained and two feet added if approval of the variance is granted.
The kitchen has a wide arch opening into the old porch so jogging the addition overwould restrict traffic flow. To allow the variance would make the interior floorplan more appealing. The neighboring structure to the north is not as deep on thatlot, therefore, there would be no structure directly across from the addition. Theneighbor to the north has expressed approval of the proposed addition.
Because the structure is non-conforming, the existing structure must be found to besound or made sound. A housing maintenance inspection was done on October 21, 1992. All compliance items on the list would be taken care of under contract between thePolivka's and American Handyman, their contractor, within the required time period.
The Planning and Zoning Commission unanimously recommend approval of the variancerequest as it would improve the liveability of the premises, provided that all work, including exterior painting, be completed within six months from the date thebuilding permit is issued.
RECOMMENDED MOTION:
Moved to approve the request for a variance of 3'10" on the side yard setback to
allow the construction of an addition on the rear of the house at 5011 N.E. 5th Street as it will improve the liveability of the premises, and, provided that all work, including exterior painting of the building, be completed within six monthsfrom the date the building permit is issued.
COUNCIL ACTION:
CITY OF co�uMBIA HEIGHTS
Application For:
RezoningVariance /.. Privacy Fence ........,_
Conditional Use Permit Subdivision Approval
Site Plan Approval Other
Application Date: /0-1(·· CJ·?
Case No: t)-:A // -cd / ,
��
/' ./'"I ic I /4· .. Fee: ... _ "") t.l.: Date Paid -7�/ :-(l�o ·;: -·
Receipt No: ;;;7, z --7:::::S /
1.Street Address of Subject Property: 5"01/ f� sl: fl/�-Cl,,1 /;�lkrr �11
2.Legal Descriptio n of Subject Property: _________________________ _
3.
5.
Applicant:
Name: /41�// �-,·--, Jk.,,.,4,/i.,., e:..,
Address: ;?,f 15 c�_,..7-:., I /4 v
Phone: Zt£-?!r(/
/Jr:. /pl
4.Owner:
Name:b4+eft At,.,1 /(�
Address: Sol/ ,rr� rr. )/f.
<"""....., -, -c;,,,., C"'" }\ Phone: J /d-Ocr)v
{1tt.,Llt!.-1 -cc/u, r-f · , I I · ' -r-/_ ) Description of Request: · �Y/5 ,,,.,, �cl, Tic·., /'-��,11(,1 /e t 1 '1'1.�
fa0 O:'.\v f:J:°."J·'j pr &,.,zb�., Cr /4..,,D zr r;;;,1/J 11.,,, 'j [J,o w �-, /(
(v,., c.c (. _.-,,.1� 1 /,}I)
6.Zoning:
7.
a.
9.
Applicable City Ordinance Number ____________ Sectio n _____________ _
Present Zoning ___________________ Proposed Zoning ___________ _
Present Use ____________________ Proposed Use ____________ _
Reason for 11.eque st,· �
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Exhibits Submitted (maps, diagrams, etc.) ______________________ _
Acknowledgment and Signature: The undersigned hereby represents upon all of thepenalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. rfj,
Si gnature of Applicant: ��,(£"�;flt
( • Date: /a.,/_,< _ lk::
Taken By: _______ _
City of Columbia He ights Planning and zoning Board
RE: Non conforming va rience for Emmett Polivka Residence 5011 5th St, N.E. Columbia Heights, MN
House bu ilt in 1911
2835 Cent, .... 1 Ave. NE
Minneapolis, MN 55418
Mpls.: 788-2881
St. Paul: 770-0754
10-16-92
Fr ont of house is 2.0' off North lot line. Rear of house is 1.3' off North lot line.
There is an existing 10' x 15' flat roof addition at the rear of the home that would come off to do new addition.
NOTE: condition of existing addition requ ires demolition.
PROPOSAL: New 12' x 18' addition in same area, extend ing 2' farther from house.
REQUEST: Allow new addition to remain at existing side setback of 1.3' from North lot line.
Alternatives: Slide addition to South 3.7 feet for a total setback on the addition of 5'.
HARDSHIPS. A.As room is an extens ion of kitchen and dinette. A 4' jo gin the North wall eliminates: Expand ing kitchen cabinetsinto room, and practi cality of function and design.
B.Jo g would cover all dining room windows on the East side.
c.Note: Ga rag e is accessed from driveway along house.Not from Alley. Home own er feels that mo ving addition over would create a def inite hardship in swinging in and out of garag e.
Respectf ully Submitt ed, -���A
Mi ke We lsh
----:--: .,-:: I
2835 Cent, e1I Ave. NE
Minneapolis, .MN 554 18
Mpls.: 788-2881
St. Paul: 770-0754
10-28-92Evelyn Nyg aard Bu ilding/Zoning Administrator City of Colu mbia Hei ghts 590 40th Ave. N.E. Columbia Heights, MN 55421-3878
RE: Mr. and Mrs Emmett Polivka 5011 5th St. N.E. Columbia Heights, MN
We have received a copy of your letter dated 10-26-92 to the Poli vkas'. This lette r, as you know, lists the 22 code deficiencies that you found on your inspectio n of their property.
We have met with the Polivkas', and they have ag reed to comply with correction of all deficiencies listed. They have also ag reed to hire our company to take care of bringing their home to code.
As the general contractor hired to make the code corrections, as well as other remodeling of their home, we agree that all deficiencies will be corrected within 6 months.
Both Mr. and Mrs. Poli vka as owners and ourselves as contractors are anxious to correct all problems and cooperate with the city in elim inating a major proplem.
Having inspected their proper ty , you certainly un derstand the need for remo ving the ir existin g addition an d building a new one. I sincerely hope that you ur ge the city coun cil to grant a varience to rebuild the addition in the same location, even if the setback is only 1.3'. Any other setback requirements will certainly limit the practicality of any new add ition.
Thank you for working with us in this matter, and we are happy that we can be of service in helping to eliminate code vio lations as well as po tential health and fire proble ms.
-�-[{;, . ;1, � � ;�"
Mike Welsh V.P.
,tayor
Donald J. Murz� n. Jr.
Councilmembers
Sean T. Clerkin
Bruce G. l\awrod.i
Gar) L. Peter,on
Robcn W. Ruenimann
Cit� Manager
Stuan \\'. Ander,on
CITY OF COLl.JMBIA HEIGHl �
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878
(612)782-2800
October 26, 1992
Mr. and Mrs. Emmett Polivka
5011 5th St. NE.
Columbia Heights, MN 55421
Dear Mr. and Mrs. Polivka:
This letter is in regard to the Housing Maintenance inspection that was conducted on your
property located at 5011 5th St. on October 21, 1992. The following code deficiencies were
found:
1.5A.205(1)(g): Two 1st floor joists had been notched and are cracked all the way through.
Two additional joists have cracks all the way through. The basement ceiling has some type
of finish materials so all areas could not be inspected. Some of the floor joist under the
Kitchen area have failed making the floor and doorways out of level and plumb. Joist area
of kitchen floor needs be repaired.
2.5A.205(1)(a): All rotted areas of facia must be replaced, all other areas need to be scraped
and painted.
3.5A.205(1)(b): Window glazing need to be replaced where missing.
4.5A.205(1)(b): All rotted windows and frames need to be repaired.
5.5A.205(1)(b): All windows need to be scraped and painted.
6.5A.205(1)(a): Roof should be inspected for signs of leaking and repaired where needed.
All cracked and missing shingles should be replaced.
7.5A.205(1)(a): Rear porch foundation needs to be repaired.(will be removed if addition is
built).
8.MN Plumbing Code 4715.1200 & 4715.2520 & 4717.0900: Basement laundry tub and sink
must be proper) y pl um bed with waste, vent and pot�ble water lines. Permit is required.
9.U.M.C. Sec.901: Water heater vent hood needs to be installed, and vent connector must
be connected. Permit is required.
10.5A.201(l)(g): Handrails need to be installed on all stairways with 4 or more risers.
11.5A.201(1)(g): Guard rails must be installed on any stoop which is over 30 inches in
height.
·SERVICE IS ou;::, BUSINESS" EOUA� 0"PORTU�JiTY Er.lPLOYEF.
12.5A.201(1)(g): Guardrail need to be installed on rear porch roof, or door barricaded.
(not necessary if addition is built)
13.5A.201(1)(d),(e) and (f): Second story bathroom needs to have plumbing repaired (drain, waste, vent
and potable water lines). The plumbing should be enclosed in a part wall.
14.5A.404(1): Solar system should be repaired or removed if not operable.
15.5A.205(1)(f): Exterior siding,facia and soffits OD detached garage need to be painted.
16.All junk and debris needs to be removed from property.
17.5A.207(1)(b)(i): All vehicles parked OD landscaped areas of yard must be removed and parked on
designated parking areas.(paved or gravel) All junk vehicles must be parked inside garage or removed
form property.
18.5A.201(1)(b): Kitchen counters need to be replaced with a cleanable surface.
19.5A.205(a)(c): All interior walls and ceilings which have been damaged by water need to be
repaired.
20.5A.205(1): The City has no record of any permit issued for the installation of the furnace. The
furnace and duct work system must be inspected by a licensed mechanical contractor and any
deficiencies must be corrected.
21.5A.20l(l)(c) The flexible connector on the gas range needs to be replaced with an approved
copper or hard pipe connector.
22.5A.203(1)(d): Numerous electrical receptacle covers are missing and need to be installed.
All deficiencies need to be corrected within six (6) months. I suggest you start with the exterior items
first.
If you have any questions, feel free to call me at 782-2817.
Sincerely,�+ 71;:5�--
Evelyn Nygaard
Building/Zoning Administrator
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OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 2, 1992
"THESE MINUTES NOT APPROVED"
The meeting was called to order at 7:00 P.M.
I.ROLL CALL
Prese nt: Gorecki, Goodman, Carlson, Clerkin,Kathy Young, Assistant City Engineer, and Dave Mawhorter, Police Chief Absent: Davitt
II.APPROVAL OF OCTOBER 5, 1992 MINUTES
Motion by Gorecki, seconded by Goodman, to approve theminutes of October 5, 1992. Roll Call: All ayes.
III.OLD BUSINESS
A."NO TRUCK PARKING" SIGN ON 40TH AVE. BETWEEN 6THST. AND 7TH ST.
Commissioner discussion on Parking Signs" St.
Goodman has requested further his request to install "No Truck on 40th Ave. between 6th St. and 7th
Currently there is "No Parking" west of the parking lot entrance. This area is designated as an MTC bus stop. There is 30' of parking space available between the parking lot entrance and the alley to the east. No large trucks should be parking in this space.
West of the alley is unrestricted parking. If a truck is parked east of the alley, it is almost 50' from the parking lot entrance. This makes pulling out onto 40th Ave. from the parking lot no different from any street along 40th Ave.
Commissioner Goodman suggested that it is dangerous to pull out onto 40th Ave. ·when large trucks are parked east of the alley. It was suggested that a "Right Turn Only" sign could be placed there. Police Chief Mawhorter was asked to look over the area, talk with Dr. Wiborg's office and evaluate the situation and report back to the Commission at the December meeting.
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 2, 1992 PAGE 2
IV.OTHER OLD BUSINESS
None
V.NEW BUSINESS
A.REQUEST BY OMER BULLERT OF 1214 43 1/2 AVE. N.E. TOCONSIDER INCREASING THE "NO PARKING" YELLOW LINE ONTYLER PLACE, SOUTH OF 44TH AVE.
Mr. Bullert has requested the "No Parking" yellow line be increased on Tyler Place, south of 44th Ave. Tyler Place is 32' wide. On the east side, parking on Tyler Place begins across from the Post Office entrance. Parking is restricted on the west side of Tyler Place. To improve the accessibility of the entrance, an additional 15' of parking should be restricted to the south.
Motion by Goodman, seconded by Gorecki, to call a Public Hearing for January 4, 1993, to restrict parking on the east side of Tyler Place an additional 15' for a total distance of 55' south of 44th Ave. N. E. Roll Call: All ayes.
B.MR. STEVE JONAK OF INDUSTRIAL STEEL, INC. OF 53337TH AVE. HAS REQUESTED "YELLOW CURB 10' TO 12' ONEACH SIDE OF DRIVEWAY" OR "NO PARKING" SIGNS ONNORTH SIDE OF 37TH AVE.
Mr. Jonak has requested yellow curb or no parking signs on the north side of 37th Ave. 10' to 12' on each side of his yard driveway at Industrial Steel Inc. at 533 37th Ave. He states that when cars are parked on either side of the driveway semi-trucks cannot pull in and it is a hazard for traffic.
This request was received too late to respond to by the Commission. Motion by Clerkin, seconded by Gorecki, to table this item until the January meeting. Roll Call: All ayes.
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 2, 1992 PAGE 3
c.REQUEST TO INSTALL A "YIELD SIGN" ON NORTHBOUND 2NDST. N.E. Al' 45THAVE._N.E.
A resident at 4450 2nd St. N. E. has requested a "Yield Sign" be placed on 2nd St. N.E. for northbound traffic. This is an uncontrolled intersection both directions on 45th Ave.and northbound on 2nd St. N.E. There is a Yield Sign on the northwest corner of the intersection which is in Fridley. Staff recommends installing a "�ield Sign" for northbound traffic to keep the s�gnage at the intersection consistent.
Commissioner Carlson recommended that a Public Hearing be called. Staff indicated that since a Y.:..eld Sign is already in place for southbound traffi� on 2nd St., that placing a sign for northbound traffic would eliminate an unsafe s.:..tuation. Staff felt the City should be consistent with what is already there and that a Public Hearing should not be called.
Motion by Goodman, seconded by Gorecki, to install a "Yield Sign" on northbound 2nd St. N.E. at 45th Ave. N .E. on the contingency that if the City Council does not approve it, a Public Hearing be held in January. Roll Call: All ayes.
VI.OTHER NEW BUSINESS
None
VII.REPORTS
A.CITY ENGINEER
S�aff is recommending that beginning in January of 1393 a deadline be placed on items to be submitted to the Traffic Commission. The agenda posted at City Hall indicates that auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Last minute items submitted do not give Staff sufficient time to review and prepare for the meeting. Staff is requesting a deadline of one week prior to the meeting.
OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 2, 1992 PAGE 4
Commissioner Carlson indicated he concurred with staff on sufficient lead time, but felt we should still take last minute items that come up. No formal action was taken on this item and staff is to use their judgment as requests come up.
A reminder was made to Commission members of the December Dinner Meeting at Jax on Monday, November 30, 1992, at 7:00 P.M.
VIII.ADJOURNMENT
Motion by Gorecki, seconded by Goodman, to adjourn the meeting at 7:35 P.M.
C5ak__ --,1'-1-----Joa e Baker Traffic Commission Secretary
CITY COUNCIL LETTER
AGENDA SECTION: COMMUNICATIONS NO. 7
ITEM: NO. REQUEST TO INSTALL "YIELD SIGN" ON 2ND ST. AT 45TH AVE. ,. /3. /.
Meeting of: 11/9/92
ORIGINATING DEPARTMENT: PUBLIC WORKS
BY: DATE: M.Winson }'(,�11/3/92
CITY MANAGER k
BY:(\;DAT0 /I v\
\-') \ \:
A request has been made by a resident at 4450 2nd St. N.E. to place a "Yield Sign" for northbound traffic on 2nd St. N.E. This is an uncontrolled intersection both directions on 45th Ave. and northbound on 2nd St. N.E. There is a Yield Sign on the northwest corner of the intersection which is in Fridley. Staff recommends installing a "yield Sign" for northbound traffic to keep the signage at the intersection consistent. The Traffic Commission would like to reserve the right to hold a Public Hearing on the issue if the Council does not approve the "Yield Sign".
RECOMMENDED MOTION: Move to install a "Yield Sign" on 2nd St. N.E. at 45th Ave.N.E. based on the recornnendation of the Traffic Commission.
MAW: jb 92-627
COUNCIL ACTION:
29 October, 1992
Columbia Heights Traffic Commission 637 38th Ave. NE Columbia Heights, MN 55421
Dear Traffic Commission Members,
I am writing in regard to the intersection of 2nd St. NE and 45th Ave. NE in Columbia Heights. This is an uncontrolled intersection both directions on 45th Ave. NE and northbound on 2nd St. NE. There is a yield sign on the northwest corner of the intersection, which is in Fridley.
My concern is that this is the only uncontrolled northbound street between 44th Ave. NE and 46th Ave. NE and between University Ave. NE and Main St. NE. 3rd St. NE has a yield sign at the 45th Ave. intersection in both directions, and 2 1/2 St. has a stop sign at the 45th Ave. intersection in both directions. 45th Ave. is uncontrolled at all intersections. Northbound traffic moves at a high rate of speed through this intersection regularly. I have many times had "close calls" because drivers have not followed the rules of the road when it comes to yielding right-of-way at this intersection. The children in the neighborhood have also been placed in danger while riding bikes in the streets (we have no sidewalks) because of the rate of speed cars are going down the streets.
My request is that you would place a yield sign on northbound 2nd St. NE at the intersection of 2nd St. NE and 45th Ave. NE. This would then make it uniform with all the other streets in our area and may lead to lower traffic speed and less possibility of serious accident.
Thank you for your consideration of my request.
s�r�c>(� ff�i� (Mrs. Jon) 4450 2nd St. NE Columbia Heights, MN 55421-2144 572-1682
,.,
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f\CV -2 1992
Pi_ib!;,: V./orks Dept.
CITY OF COLUMBIA HEIGHTS
MEETING OF: November 9. 1992
AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MGR
NO: 8 CITY MANAGER'S APPRO\,{AL
ITEM: ESTABLISH PUBLIC HEARING TO CONSIDER BY: DIETZ/ ANDERSON BY$4.J\'v NO: B.A. ALLEY LIGHTING DA TE: 11/03/92 \\-
This is a proposal for midblock lighting in the area of the alley between the Pierce and Fillmore from
the 4600 block to the 4700 block. The proposal is to have the City address the issue of installing up
to two lights in the alleyway approximately 200' apart. This would be as per the Assistant City
Engineer's recommendation. I have circulated a petition stating that I am a Police Officer in
Columbia Heights and am primarily assigned to the areas or area in which the alleged problem is
located. I have heard from several citizens in the area that there is a potential problem in the area of
Fillmore and Pierce between 46th and 47th Avenues. It does not appear that there is proper lighting
in the alleyway. The citizens and the Police Department feel if there were adequate lighting, it would
aid us in attempting to prevent crime in the area and would also discourage loud parties that have
been a problem there in the past.
As I stated, the lighting would be installed as per the Assistant City Engineer's order, and I had an
estimated cost from the Assessing Department of approximately 19 cents per foot for the footage on
the alleyway. I feel that the lighting would be well worth the cost and would make the residents feel
much more comfortable.
The letter I circulated included a tear off portion with an option to vote in favor or against the project
and to sign their name at the bottom. This would indicate as to whether they were interested in
having midblock lighting and were willing to pay for it in the alleyway. This letter was circulated
to all the property owners in the area and I received a reply back from all property owners in the area.
The consensus of all the property owners.in the area was yes, they would like lighting in the alleyway
and be willing to pay for it with the exception of properties owned by Audrey and Leland Stauch.
They indicated they were not interested in midblock lighting because they would not be able to afford
the financial expense.
I am submitting a copy of the letter that was circulated and a map indicating which residences were
willing to have midblock alley lighting. As required by City Charter, a notice will be published in
the official newspaper in the November 10th issue and the residents will be notified of the hearing.
I would ask the Council establish a public hearing for formal consideration of this project.
City Manager Comments:
This item was originally on the October 26, 1992, agenda and was tabled for additional information
on Charter language interpretation and the address/owner list and responses. This information is now
available.
First, is a memo from the City Attorney on the meaning of "resident" owner. In short, resident means
resident of the State of Minnesota, not the City of Columbia Heights. The full memo from the
Attorney is attached.
Second, is the list of all of the property owners and photocopies of their responses. Officer Dietz,
who conducted this survey will be at the meeting and available for questions.
RECOMMENDED MOTION: Move to establish November 23, 1992, 7:00 PM, as a public hearing
for consideration of alley lighting between Fillmore & Pierce, 46th to 47th Avenues.
COUNCIL ACTION:
.
To: Gregg Woods From: Lee Ann Bocwinski Date: October 27, 1992
MEMORANDUM
Re: Midblock Lighting -Fillmore & Pierce, 46th to 47th Aves.
ISSUES
1.How may the issue of increased midblock lighting come to
the attention of the Council, and what is the necessary vote count
to pass such an issue?
2.What is the meaning of "resident owner" under chapter 8,
section 77 of the City of Columbia Heights Charter?
DISCUSSION
Issue #1
There are several ways in which local improvements (midblock
lighting) may be brought before, or acted on by the City Council.
First, the Council may act on its own initiative. The Council, by
resolution, may authorize any improvements designated in Minnesota
Statutes, Laws of 1974, Chapter 340. Those improvements may
include snow, ice, and garbage removal, removal of public health
and safety hazards, repair of sidewalks, operation of a street
lighting system, etc. City of Columbia Heights, Minnesota, City
Code, ch. 4, art. I, sec 1, 4.101(2). Secondly, on petition of not
less that fifty percent of the resident owners of the real estate
to be assessed, the council must make the local improvements
requested. City of Columbia Heights, Minnesota, ch. a, sec. 77.
Thirdly, the council may make local improvements on the petition of
less than fifty percent of the resident owners of the area in
question.
Before taking action on any proposed improvements under
Chapter 4 of the city Ordinances, the Council must hold a public
hearing. Notice of the hearing must be published in the newspaper,
stating the time, and place of the hearing, the general nature of
the improvement, the estimated cost of the improvement, and the
area involved. The hearing must not be less than three days nor
more than sixty days from the date of publication. City of
Columbia Heights, Minnesota, city Code, ch. 4, art. 1, sec. 2,
4.102(1). A resolution ordering the improvement may be adopted at
any time within six months after the date of the hearing by vote of
a majority of all members of the council. This is true when the
improvement was petitioned for by the owners of not less than
thirty-five percent of frontage of the real property abutting on
the street named in the petition. city Code, ch. 4, art. I, sec.
2, 4 .102 (3) However, when there has been no petition, the
resolution may be adopted only by a vote of four-fifths of all
members of the Council. City Code, ch. 4, art. I, sec. 2,
4.102(3)(a).
Issue #2
The term "resident owner" is not specifically defined in
either the Charter or the City Ordinances. It is, however, defined
twice in the Minnesota Statutes. In chapter 106A which deals with
drainage legislation, the term "resident owner" is defined as "the
owner of property or buyer under a contract for deed who resides in
this state." Minn. Stat.§ 106A.005(25). Additionally, the term
2
"resident owner" is defined in the Minnesota Watershed Act. A
resident owner is the "owner of land or the contract purchaser and
who resides in the state." Minn. Stat. § 112.35(21).
3
�rtlY, from the collections of special assessments levied on property bene-
·. 'itted thereby, or for the creation or maintenance of a permanent improvement
�vol ving fund shall cot count as part of such total bonded debt. In no case
-:11 bonds be issued to rue for more than thirty years. The purpose for which-�ods are issued shall be set forth in the ordinance authorizing them and the
oceeds from such bonds shall not be diverted to any other purposes .
• , I t·· Section 73. FORM AND REPAYMENT OF BONDS. Bonds issued by the city may
-·�e the form either of term bonds or of serial bonds. In case of the issuance.:any term bonds, it shall be the duty of the city manager to include in the
�get estimates each year a sufficient sum, with a safe margin to spare, to
=-t asid e in a sinking fund for, the repayme nt of the bonds at the end of therm, and another sum to pay the interest on the bonds for that year. In caser·the issuance of serial bonds, it shall be the city manager's duty to include�-the budget estimates each year a sum amply sufficient to pay the principald interest on any bonds falling due that year, and another sum sufficient toay the interest. for that year-on the bonds still outstanding.
�i';:.·
;i._: Section 74. EMERGENCY DEBT CERTIFICATES. If any year the receipts from t�es or other sources should from some unforeseen cause become insufficient �r the ordinary expenses of the city, or if any calamity or other public '�mergency should subject the city to the necess ity. of making extraordinary .expenditures, then the council may authorize the sale by the city treasurer of �mergency debt certificates to run not to exceed one year and to bear interest :t··six per cent per annum. A tax sufficie nt to redeem all such certificates at 'Jmaturity shall be -levied as part of the budget of the following year. The 'authorization of an issue of such emergency debt certificates shall take the 'form of an ordinance approved by four-fifths of the members of the council; the �Et-�nance .�ay, if deemed necessary, be passed as an emergency ordinance.�� . � ....
CHAPTER 8
LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
-�-. Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Colum bia ;t:B:ights sh�ll have the power to lay and construct, extend, relay and repair,
. �and maintain, directly by day labor, or by contract, pavements, curb and
·•;�gutters, sidewalks, sewers, water mains, electric conduits, and any and all ��ther local improvements in or under the streets, alleys, and public places in
:=,;�he city.
f,�!°��'�. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of
.: .... _�.:i, t ;�.-�ol umbi a Heights, under the conditions of this charter specified, to provide b� !��any lawful method for the payment of the whole or any part of the cost of anyi -��·local improvement by special assessments upon the property specially benefitted? ��ther eby, shall not be denied, and the city of Columbia Heights shall possess •��this power as fully as any other city in the state. The amount assessed to the
:�-Property specially benefitted, to pay.for such local improvements, shall not,f�however, exceed the amount of the benefits received by such property.�-��:-,
;._. • I
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19
l
Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the --power to undertake local improvements by resolution passed by four-fifths of-�:. its members. The council shall make such local improvements upon petition of1 ··.:_: not less than fifty per cent of the resident owners of the real estate to be 1 l�as sessed ther efore as shown by the records in the office of the register of j ·�deeds of Anoka County. The council may thereupon assess the cost of such j ;:;:-·improvement, or any portion thereof, against the property specially benefit ted :f .::;·by such improvement • .,. --.r-..-z; �.. -i:!· -• . � . .;;;::.t: --� When the council shall determine to make any improvements described in this ;,.r·�hapter, it shall cause an estimate of the cost of such improvement to be made�,' ,"; by the city manager. In no case shall the amount specially assessed for any
.--i.: one year exceed fifty per cent of the last total full valuation of all the real �r-_��-�est ate within the benefitted area as shown on the assessor's books by the -f · :.assessment last made.-� --=J:��. .., -·-�r.. In computing the value of the real estate, all improvements are to be_--excluded. In compu ting the above mentioned fifty per cent, outstanding andif�-�unpa id special assessments against the property in the benefitted area shall be � :f:considered part of such fifty per cent. After such estimate is made, the �::ctunci l may proceed at once to assess the estimated cost thereof, against the ·::;�pro perty to be benefitted thereby, in proportion to the benefits to result,,;�the reto. The above fifty per cent shall not be constr ued as limiting the;,_�:council in spreading assessments on the individual properties. .In making ·such:�ssessrnent roll, the council shall describe each parcel of land assessed and'�t,e __ the amount assessed against the same, and. shall_ state �he name of the��r�-thereof as far as known to the council, but any mistakes in or omission�!,i_�uch owners name shall in no way affect such assessment. If the work is"fi.t�':DPleted before any assessment is made or if the amount assessed shall be �ru3ufficient to complete the work, the council, after the completion of such ��&F shall make a final assessment to pay the same. · · -----�--:���f.�To defray the expenses of such improvement, the city may, acting through =-�::its co uncil, by ordin ance, issue its certificates of indebtedness in such-�8:'00Unt as may be necessary. Such ordinance may be passed as an emergency�Iordinanc e. Such certificates of indebtedness shall be payable in ann ual'.:)nst allments as nearly equal in amount as conveniently may be, over a period'�not exceedine ten years from their date, shall bear interest at a rate not to. ,, -�\�ceed six per cent per annum, payable annually or semi-annually, which in-',�J�_!:_�st may be evidenced by appropriate interest coupons and shall be in such1£�n£_and denominations, all as the council shall by ordinance determine andass:;"g __ be signed by the mayor and city manage r and countersigned by the qity
!.:.-\�!·: Such certificates of indebtedness may be used in making payments on ����_acts for the improvements for which t.he assessments are made or may · be ��_for cash for not less than par value thereof, and the proceeds credited to ,_h�-� Permanent Improvement Fund and used for paying for said improvements. �nie�. received from said assessments shall be used to pay said certificates of--ll;,.�e�_tedness and if the �onies received from such assessments are insufficient,,.,.,.1mee� the paymen1t of the principal and interest of said certif'icates of··o.s��tedness, the council shall provide monies for the payment of the same .��;amount of such certificates of indebtedness at any time outstanding shall p�;,h� inclu ded in determining the city's net indebtedness under the provisions--9� this chapter.
20
CHAPTER 4
ARTICLE I
SECTION 1
4.101 (1)
4.101 (2)
4.101 (3)
4.101 (4)
MUNICIPAL SERVICES
SPECIAL ASSESSMENTS
GENERAL PROVISIONS
The Council shall follow the procedur es prescribed herein
for making local improvements which result in service charges that may be totally or partially financed by the use of special assessments against benefited properties; provided that when the Council makes those-local 1mprovements specifically designated in the City Charter, the Council shall follow the procedures prescribed therein.
The Council may by Resolution authorize any improvement designated in Minnesota Statutes, Laws of 1974, Chapter 340, .and may make assessments therefor against the property benefited thereby; all improvements including abatement of public nuisances authorized therein may be made by the Council in accordance with this chapter. Those improvements which the Council may provide under this chapter shall include the collection of unpaid special charges for all or any part of the cost of snow, ice, or rubbish re.1Doval from sidewalks, weed elimination from streets or private property, removal or elimination of public health or safety hazards from private property (excluding any structure included under the provisions of Minnesota Statutes 463.15 to 463.26), installation or repair of water service lines, street sprinkl.ing or other dust treatment of streets, the trimming and care of trees and removal of unsound trees from any street, the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks or alleys, and the operation of a street lighting system as special assessments against the property benefited.
The Council may, at its option, issue directives placing the primary responsibility upon the property owner to do and complete the local improvements designated in this chapter (�cept in the case of street sprinkling or other dust treatment, alley repair, tree. trimming, care and removal or operation cf a street lighting service) upon notice before the work is undertaken.
The Council shall provide for the assessment of the unpaid charges for the 1mprovements authorized herein as outlined in this chapter and as is permitted by the Minnesota Statutes, and it may assess accordingly for such projects as diseased tree abatement, weed removal, and midblock lighting. IJhenever an assessment procedure for any specific local improvement shall hereafter be designated by a separate aeetion in this Code, that specific aection aball apply to the.autho-c1zation and/or assea1J1Dent of
that item; vben no particular reference to the authorizati on and assessment procedure for a specific item is included herein, the general authori.zation and assessment procedures prescribed by this chapter shall apply.
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·4.102 (2)
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4.102 (3)
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(b)
4.102 (4)
4.102 (5)
The Council shall hold a public bearing on any proposed improvement under this chapter, prior to authorization cf such improvement; following publication in the newspaper of a notice statin� the time and place of the hearing, the general nature of the improvement, the estimated cost of operation of the same, and the are.a proposed to be assessed. The hearing shall not be less than three (3) days nor more than sixty (60) days after such publication.
Not less than ten (10) days before said bearing, ·notice thereof shall also be mailed to the en.mer of each parcel within the area proposed to be assessed, but failure to give mailed notice or any defec�s in the notice shall not invalidate tile proceedings.·
For the purpose of giving mailed notice, owners shall be those shown to be auch on the records of the County Auditor or County Treasurer; but other appropriate records may be used for this purpose.
The owners of property which is tax exempt or subject to taxation en a gross earnings basis and is not listed on the records of the County Auditor or the County Treasurer, shall be ascertained by any practicable means and mailed notice shall be_given to them as herein provided.
·The Council may also take such other steps prior to thehearing as vill° in its judgment provide helpful information in determining the desira bility and feasibility of the improvement.
The hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six
(6)months after the date of the hearing by vote of a majorityof al.l members of the Council when the improvement has beenpetitioned for by the owners of not less than thirty-five percent (35%) of frontage of the real property abutting on thestreet named in a petition as the 1ocation for the improvement.
'When there has been no auch petition, the resolution may be adopted only by a vote of four-fifths of all members of the Council.
The Tesolution ordering the improvement may reduce, but not increase the extent of the improvement as stated in the 110tice of hearing.
Whenever all owner• of re.al property abutting upon any street or alley named••� location of any improvement aha.11 petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. The validity of such resolution ahall not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within thirty (30) days after adoption of the resolution.
Arly improvement hereunder may be terminated in the aame manner as it may be authorized. _,01-
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CITY OF COLUMBIA HEIGHTS MEETING OF: October 2G, 1992
AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MGR NO: 9 CITY MANAGER'S APPROVAL
ITEM: EST AB LISH PUBLIC HEARING TO CONSIDER BY: VAL DIETZ B���--1\ NO: </. F'. ALLEY LIGHTING DA TE: 10/21/92 ,,,,. ;
This is a proposal for midblock lighting in the area of the alley between the Pierce and Fillmore from the 4600 block to the 4700 block. The proposal is to have the City address the issue of installing up to two lights in the aUeyway approximately 200' apart. This would be as per the Assistant City Engineer's recommendation. I have circulated a petition stati.ng that I am a Police Officer in Columbia Heights and am primarily assigned to the areas or area in which the alleged problem is located. I have heard from several citizens in the area that there is a potential problem in the area of Fillmore and Pierce between 46th and 47th A venues. It does not appear that there is proper lighting in the alleyway. The citizens and the Police Department feel if there were adequate lighting, it would aid us in attempting to prevent crime in the area and would also discourage loud parties that have been a problem there in the past.
As I stated, the lighting would be installed as per the Assistant City Engineer's order, and I had an estimated cost from the Assessing Department of approximately 19 cents per foot for the footage on the aUeyway. I feel that the lighting would be well worth the cost and would make the residents feel much more comfortable.
The letter I circulated included a tear off portion with an option to vote in favor or against the project and to sign their name at the bottom. This would indicate as to whether they were interested in having midblock lighting and were willing to pay for it in the alleyway. This letter was circulated to all the property owners in the area and I received a reply back from all property owners in the area. The consensus of all the property owners in the area; was yes, they would like lighting in the alleyway and be willing to pay for it with the exception of properties owned by Audrey and Leland Stauch. They indicated they were not interested io midblock lighting because they would not be able to afford the financial expense.
I am submitting a copy of the letter that was circulated and a map indicating which residences were willing to have midblock alley lighting. As required by City Charter, a notice will be published in the official newspaper in the November 10th issue and th�. residents will be notified of the hearing. I would ask the Council establish a public hearin� for formal consideration of this project.
RECOMMENDED MOTION: Move to establish November 23, 1992, 7:00 PM, as a public hearing for consideration of alley lighting between Fillmore & Pierce, 46th to 47th Avenues.
COUNCIL ACTION:
'
POLICE DEPARTMENT CITY OF COLUMBIA HEIGHTS
Information (612) 782-2840
Investigations 782-2850
Fax Number 782-2842
DONALD J. MURZYN, JR. 559 Mill Street Northeast DAVID P. MAWHORTER
Chief of Police
782-2845
Mayor Columbia Heights, MN 55421-3882
September 17, 1992
Re: Alleyway Pierce/Fillmore from 46th Avenue to 47th Avenue Hidblock Lighting Request
Dear Property Owners:
Hy name is Val Dietz and I am a Neighborhood Police Officer in Columbia Heights. I am assigned primarily to the area in which your homes or rental property are located.
I have heard from several citizens in the area that there is a potential problem in the area of Fillmore and Pierce Streets between 46th and 47th Avenue, as there does not appear to be proper lighting in the alleyway. The citizens and the Police Department feel if there were adequate lighting, it would aid us in attempting to.prevent crime in the area and also discourage the loud parties that have been a problem there.
I am proposing the installation of two mid-block lights in the alleyway approximately 300 feet apart. This would provide adequate lighting for the entire alleyway between 46th and 47th Avenues.
The approximate cost of the lighting is 19 cents per year per foot for the frontage on the alleyway. I feel that the lighting would be well worth the cost and would make residents feel much more comfortable.
At the bottom of this letter is a tear-off portion. I am asking you to check yes or no, sign your name, and mail it back in the envelope provided. If we receive adequate positive responses, this issue will be presented to the City Council for their consideration.
---
Sincerely,
David P. Mawhorter
Chief o�
._0 :sEj I X By: Val Dietz ..__,,
Neighborhood Police Officer
Yes, I am interested in the proposed midblock lighting.
____ No, I am not interested in the proposed midblock lighting.
Signature
(
67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4655 FILLMORE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4618 PIERCE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4636 PIERCE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4654 PIERCE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4637 FILLMORE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4607 FILLMORE STREET 67722
STAUCH,AUDREY K. 1155 KHYBER LN NE COLUMBIA HGTS MN 55421-1953
Re: 4613 FILLMORE STREET 67722
STAUCH,AUDREY K. 1155 KHYBER LN NE COLUMBIA HGTS MN 55421-1953
Re: 4630 PIERCE STREET 67722
STAUCH,AUDREY K. 1155 KHYBER LN NE COLUMBIA HGTS MN 55421-1953
Re: 4642 PIERCE STREET 67722
STAUCH,AUDREY K. 1155 KHYBER LN NECOLUMBIA HGTS MN 55421-1953
Re: 4601 FILLMORE STREET 67722
DRABANT,DONALD L. & MARGIE E. 5614 INNSBRUCK CT FRIDLEY MN 55432-6005
Re: 4619 FILLMORE STREET 67722
KNUTSON,GARY G. & CAROLYN C. 6321 RIVERVIEW TERRACE NE FRIDLEY MN 55432-4845
Re: 4631 FILLMORE STREET 67722
GROSHONG,LARRY 314 120TH LN NW COON RAPIDS MN 55433-2417
Re: 4600 PIERCE STREET 67722
McNULTY· COMPANY Attn: ROBERT J. McNULTY 400 2ND AVE S #650 MINNEAPOLIS MN 55401-2402
Re: 4606 PIERCE STREET 67722
McNULTY COMPANY Attn: ROBERT J. MCNULTY 400 2ND AVE S #650
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n.c • -.c�e. r .&...£a"'-'-� tJ.a..a,.A.1�.a. 67722
MCNULTY COMPANY Attn: ROBERT J. MCNULTY 400 2ND AVE S #650 MINNEAPOLIS MN 55401-2402
Re: 4624 PIERCE STREET 67722
DALSETH,FLOYD 4626 PIERCE STREET COLUMBIA HEIGHTS MN 55421-2441
Re: 4648 PIERCE STREET 67722
ALSUM,DONALD J & MARIANN 4927 W 6TH ST WINONA MN 55987-1258
GtRe: 4625 FILLMORE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
Re: 4643 FILLMORE STREET 67722
STAUCH,LELAND W.& AUDREY K. 1155 KHYBER LANE COLUMBIA HGTS MN 55421-1953
LETTERS SENT TO:
4625 Fillmore Street 4643 Fillmore Street
4649 Fillmore Street 4655 Fillmore Street 4618 Fillmore Street 4636 Pierce Street 4654 Pierce Street 4637 Fillmore Street
4607 Fillmore Street 4613 Fillmore Street 4630 Pierce Street 4642 Firce Street
4601 Fillmore Street
4619 Fillmore Street
4631 Fillmore Street
4600 Pierce Street 4606 Pierce Street 4612 Pierce Street
4624 Pierce Street
464e Pierce Street
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Stauch, Leland W & Audrey K1155 Khyber Lane
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Columbia Heights, HN 55421-1953
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Stauch, Audrey K 1155 Khyber Lane Columbia Heights, HN 55421�1953
Drabant, Donald L & Margie E /5614 Innsbruck Ct. t
Fridley, HN 55432-6005
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Knutson, Gary G & Carolyn C 6321 Riverview Terrace NE Fridley, MN 55432-4845
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,1 ,,,�Groshong, Larry
l_ ;, 7_ ,·' 314 120th L'pne NW ·1J:;)/t
{1./ , Coon Rapids, HN 55433-2417
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McNulty Company Attn: Robert J. McNulty ,,,,,,, 400 2nd Avenue South 1650 Minneapolis� MN 55401-2402
Dalseth, Floyd 4626 Pierce Street
Columbia Heights, HN 55421-2441
Alsum, Donald J & Mariann 4927 W 6th Street Winona, HN 55987-1258 ,,,,,,.
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-½-Yes, I arn interested in the proposed midblock lighting.
___ No, I am not i�reste�e proposed mid.block lighting.
L_ Yes, I am interested in the proposed mid.block lighting.
No, I am not interested in the proposed mid.block lighting.
!ji-</Y-j�.-?r'
rhood Police Officer Y Yes, I arn interested in the proposed midblock�::hting.
___ No, I am not interested in the proposed mid.block lighting.
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Police Department feel if there were adequate lighting, it would aid us inattempting to prevent crime in the area and also discourage the loud parties thathave been a problem there.
I am proposing the installation of two mid-block lights in the allevwav. . ---.. -.. � ---.,.. ---... � . ..
l/yes, I am interested in the proposed midblock lighting.
___ No, I am not interested in the proposed midblock lighting.
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�Yes, I am interested in the proposed midblock lighting.
No, I ----am
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dblO�k lighting.
Signature
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-----------------------------------------------L Yes, I am interested in the proposed midblock lighting.
___ No, I am not interested in the proposed midblock lighting.c¼�Jf)/2-;.� rr Signat[fe
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---Yes, I am interested in the proposed midblock lighting.
x No,� am not interested in the proposed midblock lighting. � � -j_�
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___ Yes, I am interested in the proposed midblock lighting.
L_ No, I am not interested in the proposed midblock lighting. LJ v e. t-"o6-,, ,-�',,f' Co,,. { /-<,-�� a.ff o � e/ /!�-e, � ih o. t:_,'a/ � x.p� 11 :r-c ,
fieh# �o'-<-�� ,:::d� t7 I -<..... Signature
POLICE DEPARTMENT CITY OF COLUMBIA HEIGHTS
Information (612) 782-2840
Investigations 782-2850
Fax Number 782-2842
DONALD J. MURZYN, JR. 559 Mill Street Northeast DAVID P. MAWHORTER
Chief of Police
782-2545
Mayor Columbia Heights, MN 55421-3882
September 17, 1992
Re: Alleyway Pierce/Fillmore from 46th Avenue to 47th Avenue Hidbloc:k Lighting Request
Dear Property Omiers:
My name is Val Dietz and I am a Neighborhood Police Officer in Columbia Heights. I am assigned primarily to the area in which your homes or rental property are located.
I have heard from several citizens in the area that there is a potential problem in the area of Fillmore and Pierce Streets between 46th and 47th Avenue, as there does not appear to be proper lighting in the alleyway. The citizens and the Police Department feel if there were adequate lighting, it would aid us in attempting to prevent crime in the area and also discourage the loud parties that have been a problem there.
I am proposing the installation of two mid-block lights in the alleyway approximately 300 feet apart. This would provide adequate lighting for the entire alle�13y between 46th and 47th Avenues.
The approximi:tte cost of the lighting is 19 centc= per year per foot for the frontage on the alleyway. I feel that the lighting ·.·Juld be well worth the cost and would make residents feel much more comfortabl-::.
At the bottom of this letter is a tear-off po�tion. I am asking you to check yes or no, sign your name, and mail it back in the envelope provided. If we receive adequate positive responses, this issue will be presented to the City Council for their consideration.
Sincerely,
David Chief
By:
P.Mawhorterof Police dffi ._0 :sE-� I ��.,.·'
Val Dietz ;><'
Neighborhood Police Off'...__. 1cer -----------------------------------------------------------------------------------------
____ Yes, I arn interested in the proposed midblock lighting.
____ No. I am not interested in the proposed mid.block lightLg.
Signature
(
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION: NEW BUSINESS NO: 9
ITEM: AGREEMENT FOR EXECUTIVE SEARCH NO: C/. A. ASSISTANCE
MEETING OF: November 9, 1992
ORIGINATING DEPARTMENT: CITY MANAGER'S
BY: L. L. MAGE� DA TE: 11/09 /92
Recently, staff sent requests for proposals to conduct an executive search foi�-new City Manager to seven firms. Six firms submitted proposals.
The proposals were reviewed by the City Council and two firms were contacted and interviewed. Those interviewed were Bernie Steffen of Barna, Guzy and Steffen, Ltd. and Jim Brimeyer, of the Brimeyer Group.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with .......................... for executive search assistance in the selection of a new city manager.
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION: NEW BUSINESS
NO: 9
ITEM: OFFER TO PURCHASE CITY -OWNED
NO: PROPER TY ON 38TH A VENUE 98.
MEETING OF: October 12, 1992
ORIGINATING DEPARTMENT:
CITY MANAGER'S
BY: S. W. ANDERSON
DA TE: 11/06/92
The City owns four adjacent narrow lots on 38th A venue NE which combined make two
nice sized lots. We have owned them for almost twenty years. Late on November 3, 1992,
we received a written of fer from Metro Exteriors to purchase two lots. The letter is
attached.
See the attached map. The lots in question are numbered 9, 10, 11, & 12. The dollar
amounts are value which the assessor has assigned to each of these lots.
In 1991, 38th A venue NE was rebuilt and there were some upgrades in the water and sewer
service. At the time of deciding our water and sewer needs, we reviewed how to best use
the lots. The decision at that time was that lots 9 & 10 which total 70 feet would be used as
a double bungalow lot. The lots have two water and two sewer services. Our 1991
assessments to those two lots for water, sewer and street totaled $6,325.10 plus alley seal coat
of $93.80 for a total of $6,418.90.
The 1991 decision was that lots 11 & 12 which total 65 feet would be combined for a single
family lot. The cost for water, sewer and street for these two lots was $5,066.45 plus alley
seal coat of $87.10 for a total assessment of $5,153.55.
Metro Exteriors' first request is to purchase lots 9 & 10 for $17,000. The intent is to build
a single family home. Based on the prior decision to construct a double bungalow on this
property and the fact that the combined lots are serviced by two water lines and two sewer
lines, I recommend that the Council reject the offer.
Metro Exteriors verbally told a staff member that his alternate request was for lots 11 & 12
which total 65 feet and have one water and one sewer service. A letter for this offer is
expected, but has not yet been received. The City presently has a Certificate of Title to
these two lots and thus could expedite a sale if a mutually agreed upon price is reached. If
Metro Exteriors' offer is for $17,000 for lots 11 & 12, I recommend that the City accept the
offer and that staff be directed to prepare an ordinance and other necessary documents to
complete the sale.
RECOMMENDED MOTION: Move to reject the offer from Metro Exteriors to buy the
land at 572 & 578 38th A venue NE for $17,000.
RECOMMENDED MOTION: Move to accept the offer from Metro Exteriors to purchase
the land at 570 & 568 38th A venue NE (lots 11 & 12) for $19,0,Qg and that staff be directed
to prepare an ordinance for the sale of the land and other necessary documents to complete
the sale.
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COUNCIL ACTION:
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SlTT,iKA.P.Y C1 F BID TO FURSTL\S :: U1.ND
1'0: Cit:r of Columl 0ia Heights
November 3, 1992
,'e 1.·1ish to bio on the t•JJo lots now known as 572 and 578 _::J>tJ, .,ve. l'T. j. for the arnctint of :�17, 000. 00. Fnclos ed is a certifie� chec1r for tJ,400.00. Please see attached purchase agreement dated I!ovember 3, 1992.
1his offer to purchase is subject to these two adjoining 1 ot:; lie hi 3 j oino(.' as one builclable lot with dim ens ions of 70' X J_�J'.
.;·e 1i,,v0. bHyc:1:.'.s that wish to build a sine;le family home on �11e alwve lot ( :1). 'l'he buyers now live in Columbia Heights anr� 11::1 .. ve t'·10 chj lch�en. The proposed house will be of top quality, c1_1stom 1:-1Jilt, str1.te of the art energy efficient house. Hor,1e . .,,j_ll br� a .2 level s11lit foyer desiP,.n of l,0IJ.Q sq. ft. fo11n(ati.on si?.e. J.,?)�5 sq. ft. will be finished. with JERs
�,1.1v5 :.: l1::ith2.�·Jo'11.s ,,.,ri th an additional ?55 sq_. ft. unfinishef�
c�:p2.11.c_;j_0,1 �.rea. Tl1ere v:ill he an att:1che(l P,arage of 22' Y 2IS'. :>·tsrirn· ···ill be rr1ainte11ance free vinyl sieii.ng with vinyl clad ':.'inr 1 o·,;::-, �mr=: ste,:::-1-.. aarap:e door ·:Ii.th other 0ntionc;. Cornnleter v::1l1Je '."i.ll l)S 8.1 lT'r:::,;�inately l:102,000. rrarget cornnletion date ?0.hr1iarv 1_5, VnJ.
.'o. ··1':!ul'.1 sincerely 'Nish you ,·lill accept and e:xpecli te this very fair offer to purchase as soon as possil,:e since the buyers h-:i�1e i:::; ··o'' an' ,.r· nP.ecl to start constructi·n .':1S soon as possible.
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·:rTY COUNCI L LETTER
Meeting of: November 2, 1992
!AGENDA SECTION: NEW BUSINESS IORIGINATING DEPARTMENT: !CITY MANAGER l!NO:9 I Fire [ APPR�O. j
I !I ITEM: FIRE TRAINING FACILITY AGREEMENT BY: Charles Kewatt �BY: )I lJ a ! \ NO: q.{! .DATE: Nov 2. 1992 J,---f , DATE : l I-'T"' I l.r-
Arrangements have been made with the City of Saint Paul Department of Fire and Safety Services (St. Paul Fire) for the Columbia Heights Fire Department to use the St. Paul Fire Training Center located at 1683 Kasota Street, Saint Paul, Minnesota.
The Training Center will be used by the Columbia Heights Fire Department in November for the physical agility portion of the test required of applicants for the position of full-time firefighter with the Columbia Heights Fire Department. The Training Center may be used for other firefighter training exercises in the future.
The terms of the Agreement state that the City of Columbia Heights will pay St. Paul Fire the amount of fifty dollars ($50.00) per one-hour training session.
RECOMMENDED MOTION: Moved and seconded to ratify the action of the City Manager and to authorize the Mayor and City Manager to approve the Agreement between Saint Paul Fire and the City of Columbia Heights for use of the Saint Paul Fire Training Facility for the purpose of firefighter training �d testing, to be effective from November 2, 1992, until cancellation.
92-133Attachment
lcoUNCIL ACTION:
AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Saint Paul
Department of Fire and Safety Services (hereafter Saint Paul Fire) and City of
Columbia Heights (hereafter Columbia Heights).
WHEREAS, Saint Paul Fire and Columbia Heights wish to detail the terms of use
of Saint Paul Fire's training facility at 1683 Kasota Street, Saint Paul, MN. by
Columbia Heights.
WHEREAS, the parties have hereinafter set forth the terms of said use by
Columbia Heights.
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
1.By prior arrangement with Saint Paul Fire Chief, the Columbia
Heights Fire Department may use the training facilities for
firefighters located at Saint Paul's Fire Training Center located at
1683 Kasota Street, Saint Paul, Minnesota.
2.Saint Paul will make such training structures and devices available
to Columbia Heights during evening and weekend hours on the
dates requested by Columbia Heights subject to Saint Paul's own
prior commitments.
3.Columbia Heights will pay Saint Paul the amount of fifty dollars
($50.00) per one (1) hour training session. Sessions will be
determined by Columbia Heights as approved by Saint Paul as to
the precise dates.
4.Facilities designated for Columbia Heights' use shall be the Drill
Tower, the Bum Simulation Building, the Haz/Mat Training Pads,
the Pump Test Pit, Training Props, and a Classroom.
5.Columbia Heights agrees to defend and hold Saint Paul harmless
from any claims which may be made against Saint Paul in any way
resulting from the use of the structures, devices, and apparatus
described above by Columbia Heights except for any claims
resulting from negligence on the part of Saint Paul. Columbia
Heights will pay Saint Paul's reasonable attorney's fees, costs, and
disbursements incurred as a result of any claims brought arising
out of said use.
6.This agreement will continue in full force and effect until such
time as it is canceled by either party by giving sixty (60) days
written notice to the other party of cancellation.
IN WITNESS WHEREOF we have hereunto set our hands and seals this __ day
of ____ 1992.
Approved as to form: City of Saint Paul
Assistant City Attorney Mayor
Saint Paul Fire Chief City Clerk
Director of Finance
City of Columbia Heights ,�LJ-·
A A .,_ lJ �r,,,--._
City Manager
CITY OF COLUMBIA HEIGHTS
MEETING OF: October 26. 1992
AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MGR
NO:
ITEM: NO:
9 CITY MANAGER'S APPROVAL
FLEXIBLE BENEFIT PLAN C/. 7).BY: L. L. MAGEE U' BY: S'�l..DA TE: 11/02/92 .,,-.J-. /\, I I_ 7. _, '
� I l • ..._
Recently, proposals were requested for the design, implementation and administration of a flexible benefit plan which would offer premium conversions, health care spending accounts and dependent care spending accounts.
.., Requests for proposals were sent to five firms and a notice was published in the Columbia Heights Focus. Proposals were received from three firms: Legal Systems Service Corporation, DCA, Inc. and Flex Compensation, Inc.
As a point of information, the cost of this program is offset by the City's savings in not having to pay social security on the monies set aside by employees for premium conversion, health care spending accounts and dependent care spending accounts.
Based upon staff review of the proposals and discussions at a recent work session, staff offers the following recommended motion.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a three -year contract with Flex Compensation, Inc. for the design, implementation and administration of a flexible benefit plan, as outlined in the proposal dated August 12, 1992, with an option of in -house administration in the second and third year.
COUNCIL ACTION:
AGENDA SECTION: NEW BUSINESS NO. 9
ITEM: AUTHORIZATION TO OBTAIN QUOTES FOR PARK BENCHES NO . HUSET PARK SKATING RINK
CITY COUNCIL LETTER
9.E..
Meeting of: 11/9/92
ORIGINATING DEPARTMENT: CITY PUBLIC WORKS
BY: M. Winson ltf,l{A)DATE: 11/2/92
MANAGE�
B�: ()1 C: },-DATE= J)-1 1
Staff is seeking authorization to obtain quotes for six (6) park benches with decorative iron supports and wood slats. This fits in with the 1890's theme of the park. The benches are approximately $650 each plus delivery and sales tax. The park bench style and location have been approved by the Park and Recreation Commission.
RECOMMENDED MOTION: Move to authorize Staff to obtain quotes for park benches for the Huset Park Skating Rink.
MAW: jb 92-626
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: NEW BUSINESS NO. 9
ITEM: COLUMBIA HEIGHTS SNOW REMOVAL NO. PLAN AMENDMENTS q,F.
Meeting of: 11/9/92
ORIGINATING DEPARTMENT: PUBLIC WORKS
BY: DATE: M.Winson11/2/92 f'l�
CITY MANAGER A_
�i�E��vJ-' , \' r ...
Attached is a copy of the Snow Removal Plan for the City of Columbia Heights. There are three minor revisions to the plan that cover responsibilities for snow removal at City Hall, the Library and the priority of locations for snow storage. Since the Council's review of the Snow Removal Plan, Public Works has received permission to store snow on the vacant lot in the northwest corner of 37th Avenue and 5th Street. This would be the primary area for snow storage as it is removed from residential areas. This location has not been included in the Snow Removal Plan as the availability of the site is subject to change from season to season.
Staff is recommending the attached snow plan for adoption by the City Council.
RECOMMENDED MOTION: Move to adopt the Columbia Heights Master Plan for snow plowing, removal and ice control as submitted and approve the use of the vacant lot in the northwest corner of 37th Avenue and 5th Street as a snow storage site.
MAW: jb 92-618
Attachment
COUNCIL ACTION:
MASTER PLAN FOR SNOW PLOWING, REMOVAL AND ICE CONTROL
ADOPTED 11/22/82 REVISED 12/15/85 REVISED 11/30/88 REVISED 11/25/91 REVISED 11/09/92
POLICY
It has been our policy to begin plowing snow when there is three and one-half inches or more of accumulation. Plowing may also be scheduled when consecutive smaller snowfalls, within a short timeframe amount to three and one-half inches. During non-City office business hours, the Police Department notifies the County Central Dispatcher, who in turn alerts the duty-man of the conditions. He then notifies the Public Works Superintendent, who, in turn, makes the decision to begin plowing operations. Should the Superintendent have any questions or concerns, he shall confer with the Public Works Director. The Public Works Superintendent has prearranged a schedule of assignments for personnel and equipment. On weekends, the men are called out based on availability and overtime priority.
When there is any accumulation of snow or ice, it normally is necessary to sand streets. This function begins when reports from the police indicate that slippery conditions exist. On weekends, the duty-man is called out by the Police or County Central Dispatcher and he organizes the sanding operation based on the Superintendent's standing instructions.
Certain actions and areas were designated by the City Council on January 11, 1982, and amended from time to time, for services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and sanding that the City will perform.
PRIORITIES
The following general priorities shall be observed when removing snow. Some priorities are performed simultaneously depending on conditions and existing situations.
Priority #1 -Plow streets, alleys, cul-de-sacs, dead ends, Fire and Police Department ramps and accesses, pump and lift station accesses.
Priority #2 -Municipal building parking lots and sidewalks,· pedestrian bridges, walkways we clear along 40th Avenue and 49th Avenue (see drawing
#1) .
Priority #3 -Wargo Park sidewalk, Jefferson median, industrial and school hydrants.
-2 -
Priority #4 -Sidewalks on streets near parks, clear intersections for visibility, walkways through parks, skating and hockey rinks, bus stops needing clearing for handicap accessibility.
Priority #5 -Hauling snow when necessary. widening streets, etc.)
Priority #6 -Residential hydrant�.
INITIAL PLOWING EMERGENCY
A.Assignments
(Business District, parking lots,
1.The Engineering Department personnel will hand shovel thepedestrian bridges and spread deicer.
2.The Vehicle Maintenance Department shall remove snow and deice thewalks around the Municipal Service building and parking lots.
3.The Park Department shall remove snow according to the followingpriorities:
a.Furnish personnel as necessary for plowing operations.b.Remove snow from sidewalks around Murzyn Hall and sidewalksalong Mill Street in front of city parking lots.c.Remove snow from sidewalks around liquor stores.d.Remove snow from sidewalks along streets near parks and parkparking lots.e.Remove snow from sidewalks within parks.f.Ice and hockey rink operation.
4.The Sewer and Water Department shall remove snow according to thefollowing priorities:
a.Furnish personnel as necessary for plowing operations.b.Plow entrances and areas around tower site, pump houses, andlift stations.c.Clean sidewalks at the Library if it is necessary earlier inthe day. If necessary in the afternoon, the sidewalk snowremoval will be done by personnel employed by the Libraryunder the School Work Program, if available. Personnel canthen assist others who are hand shoveling other areas. (Theweekend duty person will be responsible for clearing thesidewalks on Saturday mornings before the Library opens(currently 10 A.M.)
-3 -
5.The Street Department procedure is as follows:
When we know we are going to plow snow, the following schedule isput into effect --
Equipment used in snow emergencies:
#14 #12 #200 #7 #45 #24 #19 #21 #22 #136 #18 #218 #199
#226 #6 #217 #4
#11
Grader Grader 1 Ton Dump Truck with Plow Front End Loader with Plow Truck Plow with Sander and Underbody Plow Truck Plow with Sander Truck Plow Only Truck Plow with Sander Alley V Plow with an In-Box Sander 4-WD 3/4 Ton Pickup with Plow1 Ton Dump with Plow1 Ton Dump with Plow1 Ton Utility Truck with Plow5 Small Engine Snow BlowersTractor SweepstersSand Truck (can be used as a backup plow)Melroe Bobcat Model 753Front End Loader with Two Stage Snow Blower.Loaders have been used to open intersectionshydrantsFront End Loader
Our Backhoe and clear
After completing plowing operations, personnel will be assigned to help shoveling operations except for those assigned to complete sanding operations, who, upon completion will also assist shoveling operations.
When a starting time is determined, the following procedures are followed:
The two graders working in tandem leave the City garage and plow 37th, from Central to Stinson, every other year, and, proceed to plow 39th Avenue from University to Central Avenue. They then proceed to 40th Avenue and plow to Main Street down to 37th Avenue, back up Main Street to 40th Avenue, then east to Stinson Boulevard. They then· turn north on 40th and Stinson and follow Stinson up to 43rd and Benjamin, up Benjamin to 45th Avenue, up Chatham Raad to 49th Avenue and then they return to 40th and Stinson, then move west on 40th to Jefferson. They then proceed North on Jefferson to 44th Avenue West to Main Street. They plow east on 44th to Tyler Place, south on Tyler Place to 43-1/2 Avenue by the Post Office then easterly on 43-1/2 to the cul-de-sac and then return to 44th and Tyler Place. They then proceed east to Reservoir Boulevard to 37th and Central, back up Reservoir Boulevard, around Keyes Park to 46th, down 46th to Fillmore,
-4 -
North on Fillmore to 49th, and return to 44th and Reservoir, turning east on 44th Avenue to Arthur, down Arthur to 39th Avenue and Hart Boulevard, down Hart Boulevard to 37th and then return on the same route to 44th and Arthur. They then go up Arthur to 45th Avenue, east on 45th to Stinson, down Stinson to Silver Lake Beach, back up Stinson to 45th and back 45th to 44th and Reservoir Boulevard, then down 44th Avenue to Jefferson (starting point). They then move to 45th, doing 45th from University to McLeod, McLeod to Reservoir Blvd., and then back to the starting point. They then proceed North on Jefferson to 49th Avenue. They then go to 49th Avenue and plow from University up to Stinson, down Stinson to 45th and then back 49th Avenue to the starting point. They then move North on Jefferson to 51st and plow 51st Avenue from Central to University. From 52nd Avenue they start working their way south on all avenues. They then assist some other areas if needed.
Four truck plows--each has his own quadrant each time.
Quadrant #1. This area is from 37th Avenue to 45th Avenue from Main Street to Central Avenue. In this quadrant we have two main arterials we open up first. They are the University Avenue Service Road and Jefferson Street. The operator in this area will plow Jefferson and the Service Road before he plows any other streets or avenues. When these two streets have been plowed, he will start plowing on 37th Averiue and Van Buren Street going north and working in a westerly direction. Usually when he reaches University Avenue, one of the other plows from a different quadrant is finished and will help to finish the area west of University Avenue. Alternate starting points are used each time.
Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. Per agreement, we each take a side of Central Avenue to do, and alternate sides each year (January 1988 doing each side of Central). October 1st to October 1st is the agreement period.
Quadrant #2. This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has two main arterials to be plowed first, that being Jefferson Street and the University Avenue Service Road. The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. Again, when he is finished or another operator finished his area, they will combine to finish whatever area is not completed. Alternate starting points may be used each time.
Quadrant #3. This area includes 37th Avenue to 45th Avenue between Central Avenue and Stinson Blvd. In this area the plow starts plowing Tyler Street from 37th North and then works avenues from 37th to 44th. Then streets easterly to Stinson Boulevard. When
-5 -
this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. Alternate starting points may be used each time.
Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. Per agreement, we each take a side of Central Avenue to do, and alternate sides each year (January 1988 doing each side of Central). October 1st to October 1st is the agreement period.
Quadrant #4: This area includes 45th to 51-1/2 Avenues from Central to Stinson. We will either plow Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition and the Innsbruck Addition. Alternate starting points may be used each time.
The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th and works its way east. Alternate starting points may be used. Equipment problems may require the use of 4-wheel drive vehicles to clear alleys, as last resort.
The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get places to do. When each operator has their own designated areas finished, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V" plow in finishing his alley routes if assigned by the Superintendent.
The actual plow route for #7 front end loader with plow is as follows:
1.M. S. C. Area2.Administration Building, Police & Fire lots3.JPM lot on Mill Street4.Library5.Van Buren lot south of 40th6.#3 Liquor7.JPM rear lot, then wherever needed, (i.e., other lots,intersections, drifted areas, etc.), priority mainlydepends upon the amount of snowfall.8.Widens intersections and alley openings.9.Begins widening as requested by Superintendent.
If needed, we can put another front end loader out to clear snow.
Sanding truck. We like to start sanding as soon as plowing has begun. We start with one and add others as traffic warrants and/or assignments are completed. Busy intersections, hills, emergency routes are given priorities. Police reports of slippery conditions are also considered.
FOLLOW-UP PLOWING AND REMOVAL
A.Assignments
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1.The Park Department shall continue to remove snow according tothe following priorities, and other personnel will be assignedto help as they become available.
a.Plow all parking lots and driveways in parks.b.Clean sidewalks and pathways at all parks.c.Clean all hockey rinks (5).d.Clean all free-skating areas (10).
2.Personnel shall assist the Fire Department in digging outhydrants as they become available. Certain hydrants have been designated as critical and will be witnessed by flag extensions.
3.The Street Department cleans up alley openings, intersections,and the deposits of snow left by snowbirds. Also, they follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day.
4.The City Hall sidewalks shall be cleared and deiced by theFire Department for snow or ice conditions of less than threeinches. For snow conditions of three inches or more the FireDepartment shall initially clear all doorways, stairs, the busshelter, and open the walks around the hall. If there is onlyone person in the Fire Department, they will contact PublicWorks who will supply one man to help them. After all otherwork is accomplished, the Public Works shall finish wideningthe walkways. In most instances, Public Works will clear theCity Hall sidewalks when clearing the City Hall parking lots.In addition, the broom vehicle shall clear as much of thewalkway in front of the Police Station as possible while inthe area early on.
5.The Police garage entrance is also maintained by Public Worksduring plowing and sanding operations.
SNOW REMOVAL
When accumulated piles of snow in the business areas, around schools, churches and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1) Huset Park East parking lot, 2) the unused portion of Southwest Park north of the warminghouse and 3) Silver Lake Beach parking lot.
-7 -
As we approach the end of the winter season, the Public Works Department concentrates on exposing catch basins in critical areas where early runoff may �ause serious damage. Storm drains are inspected for freezing. Some steam thawing and chemical treatment may be necessary.
ICE CONTROL
Sand and salt is ordered and mixed in controlled quantities as we use it to avoid excessive surplus stored through the balance of the year. The quality of the material is affected by long storage. Usually 250 tons of sand and 50 ton of salt are mixed at a time (5 to 1 ratio).
Attached are maps of M.T.C. bus routes (drawing #2), school bus routes (drawing #3), and special plowing problems with cul-de-sacs and dead end alleys (drawing #4).
There has to be some flexibility in snow and ice control procedures. The type of snow, wind conditions, and the times of day the snow falls, can all be a factor affecting whether and when you plow.
Plowing during our parking ban is by far the most efficient time to work. Another factor about plowing is there might be only a couple of inches of accumulation per snowfall, but if they occur two to three days in a row, we may schedule plowing operations at the end of the snowy period. At times, in late spring, plowing may not be ordered when the forecast is for sunny conditions and melting may occur faster than we can plow.
Mark A. Winson Director of Public Works/City Engineer
MAW: jb
Attachment
PLOWING/SANDING INFORMATION
1.3 1/2" ACCUMULATION REQUIRED BEFORE EMERGENCY CALL-OUT
2.1 SANDER OUT DURING FULL PLOW OPERATION -OTHER SANDERS OUT ASPLOW OPERATORS FINISH
3.53RD AVENUE:FRIDLEY PLOWS -WE SAND
4.STINSON BLVD.:ST ANTHONY PLOWS -WE SAND
S.37TH AVENUE:STINSON BLVD. TO CENTRAL AVENUE MAIN STREET TO CENTRAL AVENUE (SEGMENTS ALTERNATE EACH YEAR)
6.FIRST PRIORITY -MAIN DRAGS & ARTERIALS, RESIDENTIALS PLOWED AFTER
7.ALLEYS PLOWED RIGHT AWAY:
"THRU-ALLEYS" PLOWED WITH "V" PLOW
DEAD END ALLEYS PLOWED WITH PICK-UPS
CITY COUNCIL LETTER
AGENDA SECTION: NEW BUSINESS NO. 9
ITEM: AUTHORIZATION FOR CHANGE NO. ORDER FOR SILVER LAKE LIFT c;. G-. STATION -PROJECT NO. #9120
Meeting of: 11/9/92
ORIGINATING DEPARTMENT: CITY )c PUBLIC WORKS
BY: M.Winson ft/i-J DATE: 11/2/92
�;
R
BY· 11 DATE. ,'< 1/�
Change Order #9120-2 extends the completion date for the project to November 27, 1992. Although the contractor ordered the pumps as soon as the project was awarded, delivery was delayed again by the manufacturer until the first week in November. The pump delivery time is beyond the contractor's control and the time extension is justified.
The exterior work required to complete the project is done. Inclement weather will not cause additional delays.
RECOMMENDED MOTION: Move to authorize Change Order #9120-2 with Ford Construction Company of Excelsior, Minnesota, extending the completion date for the Silver Lake Lift Station to November 27, 1992; and, furthermore, to authorize the Mayor and City Manager to execute the agreement.
MAW: jb 92-625
COUNCIL ACTION:
...
CHANGE ORDER No. 2
PROJECT: Silver Lake Lift Station DATE OF ISSUANCE: October 20, 1992Reconstruction City of Columbia Heights OWNER: (Name, Address) 590 40th Avenue N.E. OWNER'S Project No. 9120 Columbia Heights, MN 55421 --------
CONTRACTOR: ford Construction Co.ENGINEER: P.O. Box 667 CONTRACT FQ!fixcelsior, MN 55331 605 002 1ep1a.:e RITp am Cl:rrt:mls .in Ex:ist.in:n:.if:t st:at:ial ENGINEER' s P roj ec t No .
You are directed to make the following changes 1n the Contract Documents. Description:
Contract Extension
Purpose of Change Order: Ad ditional delays in equipment delivery
Attachments: (List documents supporting change) See attached correspondence from Contractor
CHANGE IN CONTRACT PRICE: Original Contract Price
$ 46,995
Previous C.O.'s No. __Q_ to No._o_
$_-"'------------
Contract Price prior to this C.O.
$ 46,995
CHANGE IN CONTRACT TIME: Original Contract Time
September 150 1992 ays or elate
Net change from previous Change Orders
59 caJeadar days
Contract Time prior to this Change Order
November 13, 1992 days or date
Net Increase (decrease) of this C.O. Net Increase (decrease) of this C.O.
$ 0 14_ _ealendar aays
Contract Price with all approved C.O.'s Contract Time with all approved C.O.'s
$��4 6 « 995
RECOMMENDED:
by�-P.E . ngirieer\
EJCDC No. 1910-8-B (1983 Edition)
Noverober
APPROVED:
by Owner
22, aQQ? ·ays or date
APPROVED:
b�/� onfractor
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l8�l9�1992 87134 FRON Fo�d Con•�• Ca, In�, TO 774Bl�I P,03
�Diiii .
�i_P Smith& Loveless,1�t4040 Satrta Fe Tran Drive Lenexa. l<anau 88215.12&,4 Phone: (913) 888-6201
Fax: (91S) 886-2173 Telex: 42282
Mr. Lance Ford Ford Construction, Inc. P.O. Box 667 Excelsior, MN 65331-0667 FAX: (612) 470-9631
October 12, 1992
Subj�ot1 Y0ur P.O. No. F1OOO0�92-O2 Dated June a, 1992 S&L S/N 66-2149-E -Columbia.Heights, MN
Dear Mr. Ford:
Per our phone conversation of last week, please be advised that we are having trouble �ith our vendor whc produces the casting and machining of the motor adaptor for o.ur pump motors. On your order referenced above, we have one good motor adaptor and one that is not due in until the last week of October, 1992, Thia puts shipment, after assembling and testing, cut to the first week in November.
We apologi�e for the long delay and we are pushing our vendor as hard as possible to obtain the necessary part that we need to complete your jolo.
The two anode packs, with leads, will be advanced shipped to you as soon as possible.
If you have any additional questions or need additicnal· informati�n, please do not hesitate to contact us.
Very truly yours,
��� Loren R. Mattingly Manager Application Engineering
LRMzjs
cea Chris Ancell/Contracts/Credit Analyst Dave McClure/Tl:'atfia ManagerDave Smith/Project'Enginear Bill Fadden/Fadden Pwnp Company
CITY COUNCIL LEITER
MEETING OF: NOVEMBER 9L 1992
AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER
NO: 9 FINANCE/LIQUOR APPROVAL
ITEM: LEASE FOR THIRD LIQUOR STORE BY: WILLIAM ELRITE/ BY://-�
NO:
PHIL SUCKERMAN q_ H. DATE: 11 /2/92
The City Council held a public hearing on August 10, 1992, to review with residents the possibility of opening a third municipal liquor store in the area of 37th and Stinson. At the end of the public hearing, there was a motion by the City Council directing staff to take steps necessary to open a
third liquor store. Staff has taken these steps. At tached herewith is a proposed five-year lease at a rental rate of $3.65 per square foot (psf). The lease has two five-year options for renewal: The first
five-year option is at $4.25 psf and the second five-year option is at $5.50 psf. The lease takes effect on March 1, 1993, which is the start of the spring and summer busy season in the liquor operations. If the lease is approved at the November 9th Council meeting, staff will have adequate time to order a cooler and other necessary equipment to ensure that the store is ready to open on March 1, 1993. The estimated delivery and installation time on the cooler is approximately three months.
In the set up of the new store, staff will prepare and take formal bids for the cooler, carpeting,
shelving, checkout counters, signage, and cash registers. The other leasehold improvements,
including in-floor conduits to the cash registers, dedicated electrical wiring to the cash registers,
construction of an office, removal of window display case and other miscellaneous carpentry work,
will be done by the Landlord at a cost not to exceed $35,000. This is based on informal bids
received by the landlord and reviewed by staff. When the leasehold improvements are completed
the city will reimburse the landlord.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease
agreement with Levine Investments for 10,030 square feet located at 2241 37th Avenue N.E.,
Columbia Heights, Minnesota, for a five-year lease at $3.65 per square foot (psf), with a five-year
option at $4.25 psf and a second five-year option at $5.50 psf, and to reimburse Levine Investments
for initial leasehold improvements in the amount not to exceed $35,000, and to authorize staff to
seek bids for all other equipment needed to open the liquor store.
WE:al
9211021b
Attachments: Draft Lease Agreement
Pro Forma
Memo to Mayor from Chief Mawhorter
Letter Notifying Concerned Residents of Meeting
COUNCIL ACTION:
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A. Landlord: Lavine Investments
c/o 4301 Highway 7
SHOPPING CEN'TER U!ASE SUMMARY
.DATE: November 1, 1992
SL Louis Park, MN 55416
B.Tenant:City of Columbla Heights
Tenant's Trade Name: Top Value Uquors
C.Premises: 2241 37th Ave. NeColumbia Height&, MN
D, Floor Area: 10,030 square feet
E.Lease Tenn: 5 years
F.Commencement Date: March 1, 199:3
G.Termination Date: February 28, 1998
H.Fixed Minimum Rent: $3,050.80 per month
I.Security Deposit: $-O-
J, Use of Premises: Retail Liquor Stora
K. lnsuranco: $1,000,000.00 combined single limit
coverage including a contractual liability
endorsement
L Taxes: Pro-rata share of all raal estate faXH
M.Utllltles: All
N. Options: 1-5 year term: $3,552.:SO/mcnlh
1-5 year term; $4,597.08/month
Refarences
SECTION
6.01
1.08
1.08
3.01
3.02
3.03
4.01
29,01
6.01
7.01
8.01
0.01
33.01
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This summary i& provided for Information purposes only. creates no right in Tenant, and Is subject
in its enUrety to the Shopping Center Lease to which this Summary is attached.
H3JiV dHO) �X!Jff�> £.LH' 6CC Zl9 ITl 11c:n C:6:90:Il
TABLE OF CONTENTS
SECTION CAPTION
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OEFINITIONS .................................................... . 1.01 Building ................................................ ..
1.02 Building Rules and Regulations .......................... ..
1.03 Bulldlrlg Site ............................................. .
1,04 Common Area ......... _ .............. _ .................. .. 1.os Common Area Maintenance Expense ......................... .. 1.06 Undlord'a Work ............... u, ....................... ..
1.07 Lease Vear ·······"·········· .. ············-············· 1.08 Premises ................................................. . 1,09 Shopping Center ......................................... ..
1 .10 Tenant's Sharing Percentage .............................. .
1.11 Tenant's Wor1c ............................................ .
LEASE OF PREMISES ............................................ ...2.01 Lease .................................................... .
� ...................... -. .....................................3.01 Duration ................................................. .
3.02 Commencement ............................................. .
3.03 Expiration ................................................ _
MINIMUM RENT ................................................... .
4,01 Minimum Rent ............................................ ..
ADDITIONAL RENT ............................................... .. 5.01 Additional Rent ......................................... ..
5.02 Payments by Landlord .................................... ..
S,03 Prorated Charges ........................................ ..
yg ........................................... ., ............... .. 15.01 08$ignated Use ........................................... . 11.02 Insurance Raquiremenl5; Govemmenlal Regulations ......... .
6.03 Restrictions on Use ..................................... .. 6.04 Business Operations .................................... ...
INSURANCE ...................................................... . 7.01 Tenant's Insurance ...................................... . 7.02 Landlord's Insurance .................................... .
7.03 Waiver or SubrogaUon ................................... ..
�••••••••••• .. ••u•••••••••••••••••••••••••••••••••••••••••• 8.01 Real Proporty Taxes and Aues;menta .................... .. 8.02 Additional Taxes ....................................... ..
8.03 Sales Tax ......... -.................................... .
UTILITIES ............................. 41., ..... ,, ................ .
D.01 utilities ............................................... ..
LANDLORD'S WORK ............................................... ..
10.01 Landlord's Work ........................................ ..
TENANT'S WORK ................................................. .. 11.01 Tenant's Work ........................................... . 11.02 Prior Occupancy ........................................ ..
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SECTION
12 REPAIRS AND MAINJl;NANCE ........................................ . 12.01 Repairs and Maintenance by Landlord .................... ..
12.02 Rapain; and Maintenanc:e by Tenant ..................... ...
13 ALTERATIONS AND IMPROVEMENTS ................................... .
13.01 Alteration, and Improvements ........................... ..
13.02 Trade Fixtures .......................................... .
13.03 Wens ................................................... .
14 ADVERTISING .................................................... .
14.01 Advertising ............................................. .
14.02 Dl1iplay ............. " .................................. .
15 MERCHANTS ASSOCIATION ......................................... .. 15.01 Merchan� Association ................................... .
16 PARKlNG AND COMMON AREAS ANO FACILITIES ....................... ..
16.01 Control of Common Aroas by Landlord .................... ..
115.02 Ucense ................................................ .. 16.03 Tenant to Pay Pro Rata Share of Common Area
Maintenance Expanse ...................................... .
17 Rl.l_LES AND REGULATIONS ......................................... ..
17.01 Rules and Regulations .................................. ..
18 ASSIGNMENT ANO SUBLETTING .................................... ...
115.01 Assignment and Subletting ............................... .
115.02 Concessionaires ......................................... . 18.03 Corporate Tenants ....................................... .
19 INDEMNITY ..................................................... ..
19.01 Indemnity ............................................... .
19.02 Non-Liability in Certain Instances .................... ...
20 EMINENT DOMAIN ................................................. . 20.01 Entire or Substantial Taking ............................ .
20.02 Partial Taking ......................................... ..
20.03 Election to Terminate .................................. .. 20.04 Olcposition of Proceeds ...... _ ......................... .
21 DAMAGE OR DESTRUCTION .......................................... .
21.01 Damage or Destruction; Landlord to Rabund ............. ..
21.02 Option to Tennlnate .................................... .. :zi.oa Portions to be Rebuilt by Landlord and Tenant ........... . 21.04 Non-UabUlty ...................................... -.. ..
21.05 Operations During Reconstruction Period ................. .
22 ENTRY BY LANDLORD .............................................. .
22.01 Access to Premises ...................................... .
22.02 Access for Prospective Tenants ........................ ...
23 ABANDONMENT ................................................... ..
23.01 Abandonment ............................................. .
24 EVENTS OF DEFAULT BY TENANT ................................... ..
24.01 Events of Default ...................................... ..
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SECTION CAPTION
25 REMEDIES OF LANDLORD .......................................... ..
25.01 Remedies ......................................... ;, ..... .
a. ·cure of Default .................................... ..
b.Continuation of Lease without Reentry ... N ......... .. c.Continuation of Lease with Reentry ................. ..
d.T•nninaUon or Lease ............................... .. a, Receiver ...................................... , ... ,,. f.Acc.eJeralion of Rent IHHHIIHHUHIUUIHllnn,,
25.02 Landlord's Expenses and Damages ......................... . 25.03 Other Remedies and Rights .............................. ..
25.04 Contractual Uen ........................................ .
26 SUBORDINATION ................................................. ,.
26.01 Subordination ......... ,, .. H1111n11n,,, ............... .
211.02 Attommanl ............................................. ..
27 ESTOPPEL CERTIFICATES ......................................... ..
21.01 Estoppel Certificates .................................. ..
28 SALE OF PREMISES •..• ., ......................................... .
28.01 &al• of Pr•misn by Landlcrd ........................... ..
29 SECURITY DEPOSITS ............................................. .. 29.01 Security Deposits ....................................... .
ao HOLDING OVER ................................................... .
30.01 Holding Over ............................................ .
31 SURRENDER OF PREMISES , ........................................ ..
31.01 Surrender .............................................. .. 31.02 Merger upon Surrender .................................. ..
32 GENERAL PROVISIONS ............................................ ..
32.01 Waivers .......................................... , ...... . 32.02 No Accord and S.tisfaction , ............................. .
32.03 Notices ................................................. .
32.04 Relationship of the Partiei; ............................ .. 32.05 Attomay's Fees ........................................... .
32,D6 Binding Effect ......................................... ..
32.07 Interest on Past Due Obligations ....................... .. 32.08 Sevarability ........................................... ..
32.09 Entire Agreement; Amendment ............................ ..
32. 10 Captions ................................................ .
32.11 Construction ........................................... .. 32, 12 T1111• of EsHnce '"' ............... "'''""'"""''"'''
32.13 Corporate Authorization ................... -.. � ........ .
32,14 Brakers ................................................ .. 32.15 Execution of Additional Documents ....................... . 32, 16 Tune Periods ........................................... ..
32.17 Exeulpation ............................................ ..
82, 18 Conserat ·······--"'"""'''''"'· .. -···················
32.19 Tenant's Right to l ennlnale ............................ ..
03 HAZARDOUS WASTE ... -.......................................... ..
33.01 Hazardous Waste and Infectious Waste ................... ..
34 OPTION
34.01 Option Period .......................................... ..
EXHIBIT A Building Site ........................................... .
EXHIBIT B Landlord's Work and Tenant's Work ...................... .. EXHIBIT C Premises ............................................... ..
EXHIBIT D Sign Criteria ........................................... .
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SHOPPING CENTER LEASE
LANDLORD: Levine Investments
Addra5S: 4301 Highway 7
St. Louis Park, MN 55416
T�NANT: City of Columbia Heights
Address: 590 40lh Ave. N.E.
Columbia Heights, MN 55421
DATE: November 1, 1992
In consideration of the muwal covenants and agn1emenb contained in this Lease, L.ndlord and Tenant
agree as follows:
DEl:INiTIONS
As uced In this Lease:
1.01 "Building• means the bulldlngs localed.on the Building Site.
1.02 "Building Rules and Regulations• means the rules and regulations adopted in accordance with ..
Paragraph 17.01.
1.03 •Building Site" means the real property described on Exhibit A.
1.04 "Common Area• means the c:ommon and parking areas of the Shopping Center, as such areas may
be configured from Ume to time,
1.05 •commo� Area Maintenance Expense" means the expenses incurred by Landlord in the operation
and maintenance of the CGmmon Area as defined in Section 16,03(b) herainbelow.
1.06 "landlord's Worl(' means the work to be perfgrmed by Landlord as it relates to the Premises, as more
fully described in Paragraph 10 and Exhibit B.
1.07 "Lease Year" mean& the period during the Lease Tenn commencing on January 1 in each year and
ending at midnight on the 31 sl of December of that year, except that the first Lease Ye.r shall commence at
tha start of the Lease Term and Chall ond at midnight on the 31Ct or December of that ye.tr, and except that
the last Lease Year shall end at the lease Term.
1.08 "Premises· means the commercial space, conslsUng of approximately 10,030 square feel, located
substantially as shown on Exhibit C, The Premises shall not Include the exterior walls, the roof, the area above
or below the Premises, the Common Area, or the land upon which Iha Premises are located.
1.09 "Shopping Canter" means the shopping oenter, commonly known as the Columbia Heights Shopping
Center located upon the Building Sita.
1.10 "Tenant's Sharing Percentage• means twenty-three and 58/100 percent (23.58%) which Is a number
determined by dividing the sqU3re footage in the Prem!Sies by the total leasable square footage in the Building.
Tenant acknowledges that the Sharing Percentage may change if the total square footage of the Building
changes.
1, 11 "Tenant's Work" means the wcrk to be performed by Tenant as mere fully described in Paragraph
11 and Exhibit B.
1
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2
LEASE OF PREMISES
2.01 Lease. Landlord leases the ·Premises to Tenant and Tenant leases the Premises 1tom
Landlord, for the term, at the rental, and upon the covenants and condition& contained in this Lease.
3 !EBM
s.O1 Duration. The Lease Term shall bt for a period of five years immediately following the
commencement of the Lease Term.
. 3.02 Commencement. The Lease Term i.hall commence on March 1, 1993, By opening for
business, Tenant accepts the Premises, acknowledges that the Premises are in the condition called for in this
Lease. and agrees that as of that time all of Landlord'i. obligations have bffn fully performed.
3.03 f.miration. The Lease Term shall expire at midnight on February 28, 1998, unless the Lease
Is tenninatecl earlier.
4
MINIMUM RENT
4.01 Minimum Rent. Tenant shall pay Landlord in advance, far each month during the Lease
Term, Minimum Rent equal to $3,050.80. Minimum Rent shall be paid monthly on the first day of each month
of the Lease Term, without any deduction or offset.
5
ADDmONAL RENT
5.01 Additional Rent. In addition to Minimum Rent, all other payments to be made by Tenant
under this Lease shall be deemed Additional Rent and shall be due and payable on demand if no other time
for payment is specified. Landlord shall have the same remedies for failure to pay Additional Rent as for a
nonpayment of other rent.
5.02 Payments by Landlord. Landlord may pay any sum or do any act which Tenant has 'failed
to do, and Tenant agrees to pay Landlord, upon demand, all sums so expended by Landlord, together wi1h
interest at the rate of twelve percent (12".4) per annum or the maximum rate of interest permitted by law,
whichever is greater, from the date of axpendtture until paid. Such sum and interest shall also be deemed
Additional Rent.
5.03 Prorated Charges. Tenant agrees to P8Y as Additional Rent Tenant's Sharing Percentage
of insurance expenses (Paragraph 7.02), real property taxes and assessments (Paragraph 8.01), and Building
Maintenance expenses (Paragraph 12.01). Tenant agrees to make such payments to Landlord within fifteen
(15)days after l.Andlord makes a written request for such payments-.
6 USE
6.01 Designated Use. Tenant agrees to use the Premises solely for the purpose of: retail liquor
store. Tenant agrees to conduct its business In the premises under the trade name: Top Value Liquors. In
the event Tenant changes Its use of Premises, Landlord shall have the right to tem,inate this Lease upon 60
days written notice to Tenant.
CS.02 lnsuranee Requirements: Govemmental Regulations. Tenant shall not do or permit anything
to be done in or about the Premises, or bring or keep anything on the Pnlmises, which will in any way
increase the rate of fire Insurance on the Building. At Tenant's expense, Tenant agrees to comply with all fire
and public liability insuranc• requirements relating to the Premises. Tenant agrees to comply prompUy with
all govemmental laws, ordinances, orders and regulations affecting the Premises.
6.03 Restrictions on Use. No auction, fire or ba.nkruptcy sales may be conducted in the Premises
without Landlord's prior written consent. Tenant shall not use or permit the use of any portion of the Premises
for sleeping apartments or lodging rooms, Tenanl shall not perform any acts or cany on any practices which
may injure the Building or be a nuisance or menace to other tenants in the 6ullding or Shopping Center.
Tenant agrees to keep the Premises, the walkwayi. adjacent to the Premises, and arw loading platform and
service areas allocated for the use of Tenant (whether or not such use is exclusiVe), clean and free from
n.,bbfsh and dirt at all times. Tenant agrees to store all truh and garbage within the Premises and to arrangQ
for the regular pick-up of such trash and garbage at Tenant's expense unless garbage pickup ls included In
the Common Area Maintenance Expense pursuant to Paragraph 16.02. Tenant shall not bum any trash or
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garbag2 of any kind in or about the Premises or Shopping Center. Tenant shall not make any use of the
Premls.,i, which is not In compliance with the Building Rules and Regulations.
8.04 Business Operations. Throughout the entire Lease Term (except during such times as the
Premises may be untenantable by reason of fire or other casualty), Tenant agrees lo continuously occupy and
use the entire Premises for the purpose or purposes specified above, during all usual business hours and on
such days as reasonably estabUshed by Tenant. Tenant agrees at an times to employ its best judgment,
efforts and ab�ities to so operate the business conducted on the Pram.is es In a manner calculated to produce
the maximum profitable and practical volume o1 Gross Sales obtainable, and to enhance the reputation and
attractiveness of the Building and Shopping Center. Tenant agrees to warehouse, store and stock in the
Premises only such merchandise as Tenant intends to offer for sale at retail in or from the Premises within a
reasonable time after receipt of &Uch merchandise. Tenant agrees to uce for office, clerical or other non
selling purposes only such space as Is from time to time reasonably required for Tenant's business in the
Premises. Tenant shall not use the Common Area or the 1idawalks adjacent to tha Premises for any business
purpose except Ingress and egress and Landlord agrees that this provision shall apply to all Tenants in the
Shopping Center ai9nin9 Leases after 1992.
7
fNSUAANCE
7.01 Tenant's lnsuranCQ. Tenant agrees, at Tenant's expense, to maintain the following insuranee
pclicies during the entire Lease Term:
(a)A policy of ccmprehensive liability and property damage insurance providing coverage
against liability for Injury or death to persons and for property damage occurring In or about the
Premises, Including a contractual liability endorsement with a ccmblned single limit coverage or
not less than $600,000,00.
(b)Plate Glass Coverage for all plate and other glass in the Premises.
(c)A poricy providing fire and extended coverage, vandalism, malicious mischief, sprinkler
leakage and special extended coverage insurance In an amount adequate to cover the full cost
of replacement CJf Tenant's Work.
(d)Dram shop coverage of at least $600,000.00. Tenant may seH insure for said coverageso
long as Tenant agrees to indemnity and hold Landlord harmless from any claims, including
reasonable attorneys' fees, related to liq1.1or liability Imposed against Tenant.
All such insurance policie.s, except plate glass coverage, shall name both Landlord and Tenant
as insureds (as well as such other persons, firms or corporations as Landlord may designate) and shall be
written by one or more responsible insurance companies licensed to do business in Minnesota. Such policies
shall alao include an endorsement requiring the company writing such policy to give Landlord at least twenty
(20)days' notice in writing in advance of any cancellation or lapse of suoh policy or the effective date o1 any
reduction In the amount of coverage under such policy. All public liability, property damage, and other
casualty insurance policies obtained by Tenant pursuanl to this Paragraph shall be written as primary
Insurance, and not contribuiing with separate coverage which Landlord may carry. The insurance required
by this Paragraph may be covered by general policies covering all of Tenant's stores. At least fflteen (15) days
before the date Tenant Is first requ ired to provide the Insurance described above, Tenant agrees to furnish
landlord with certificates of insurance showing that insurance meeting the requirements of this Paragraph has
been obtained and fully paid for by Tenant. Similar certificates of insurance as to renewal policies shall be
provided to Landlord at least fflteen (15) days prior to the expiration of any pollcy. If Tenant fails to comply
with this Paragraph, such e failure shall constiMe an event of default Notwithstanding the Insurance
requirements set forth above, Tenent may elect to selfinsurv all coverages with the understanding that Tenant
shall Indemnify Landlord for any claims made relatec;I thereto.
7.02 Landlord's Insurance. Landlord agrees to carry fire and extended coverage insurance on
the Building ii, the amount of the full replacement cosL The cost of such insurance shall be shared pro rata
by the tenants in the Building, and Tenant" agrees to pay its share as provided In Paragraph !i.03.
7,03 Waiver o1 Subrogation. With '"f)9et to an insurance coverages obtained by either Landlord
or Te nant pursuant to !his Lease, or which either party may obtain with respect to the Premises, the Building,
or the Shopping Center Independent of Its obligations under thit Lease, each party shall, to the extent such
Insurance endor...ement is available, obtain for the benefit of the other party a waiver of any right of
subrogation Which the insurer of such party may acquire against the other party by virtue o1 the payment of
any loss covered by such in&urance.
8
TAXES
8.01 Real Property Taxes and Assessmenls. Tenant agrees to pay Landlord, as Additional Rent
Tenant's pro rata share of all real property tax� and as&e$$ments payable for each Lease Year upon the
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Building Sile, fncludln� all buildings 11rid improvements locnted on the Building Site. Tenant's pro l'illil share
of such real property i.P;.ea and assessments shall be paid in the manner described in Paragraph 5.03.
8.02 Additional Taxes. In addition to all other amounts which Tenant Is required to pay under
this Lease during the Lease Term or any renewals thereof, Tenant shall pay before delinquency;
(a)Any and all taxes, a"essments, license fees, and public charges levied, as&eSs8d, or
Imposed during the Lease Term upon all leasehold improvements, over and above the Building
shell, whether Installed by Landlord or Tenant;
(b)All taxes and assessments levied against fixtures, equipment and personal property Installed
or located in the Premises; and
(c)Arr/ and all taxes, asseumenls or other charges of any kind impo:i.ed by any
federal, stale, county, municipal or other governmental body or agency and
payabla by Landlord or Tenant (excluding groaa ln�metaxos), whether or not now
customary or within the contemplation of the parties, with rMpKt to the
possession, leasing, operation, management. maintenance, alteration, repair, use
or �upancy by Tenant ol the Premises.
8.03 Sales Tax. Tenant agrees to pay to Landlord a sum equal to the amount which Landlord
is required to pay and collect by reason of any priYilege tax, sales tax, gross proceeds tax, rant tax, or like
tax levied, assessed or Imposed by any federal, state, county or municipal governmental authority, or any
subdivlalon thereof, upon any rent or other charg" required to be paid under this Luse. Such sum shall be
paid slmultaneously with the rental payment or other charge upon which such sum is based.
8.04 Tax Exempt Status, In the event Tenant Is able to designate the Premisos tax exempt,
Tenant shall receive the total benant of said exemption status without sharing the benefit with other Tenants
of the Shopping Center.
SI
UTILITIES
9.01 Utilities. Tenant agl'89$ to pay, when billed, for all gas, water, electricity, telephone, heat,
air conditioning and olher uunues or services us8d or consumed on the Premises. Landlord agrecis to give .
Tenant advance notice for repair work which requires ulllIUes to be shut off. Landlord reserves the right·
without notice to Tenant to cul off or discontinue utility service to Tenant without lia.blUty lo Tenant whenever
rent is overdue for ten (10) days or more or whenever necassaty to make repairs or altaraUons. Landlord shall
not be liable in damages or otherwise for any failure or lntemJption of any utility service to the Premises, and
no ranure or Interruption of utility cerviee shall enUUe Tenant to tenninate this Lease or to receive any
abatement of rent. If any utility service Is not separately metered to Tenant, Tenant shall pay 23.58% or as
determined by any amendment to this Lease, ol all charges Jointly metered with other premises.
10
LANDLORD'S WORK
10.01 Landlord's Work. Landlord agrees to ex>mplete Landlord'a Work, if any, as sat forth on
Exhibit •e• at Landlord's expense within a reasonable period of time.
11
TENANrs WORK
11.01 Tenant's Work. Tenant agAKts to complete Tenant's Work, if any, in accordance with the
tenns and r;ondilions of Exhibit •a•.
11.02 Prior Occupancy-: Without the payment of rent and without the Lease Term commencing,
Tenant may occupy th• Premla• from lhe date thb LeaH is u:ec:uted by both parties to the laase
commencement date. Tenant shall Indemnify Landlord ancl save Landlord hannless from and against any and
all claims or liability whatsoever resulUng from such occupan� by Tenant.
12
REPAIRS ANO MAINTENANCE
12.01 Repairs and Maintenance by Landlord, Landlord agrees to repair lhe foundations, the
stNetural columns contained In walls shared by Tenant and other tenants In the Building, exterior walls (other
than store fronts and exterior entrances), the roof of the Premises, and, to the extent not located on the
Premises or premises leased to other tenants, the plumbing and sewage systems; however, Landlord shall
not have any duty to make any of the foregoing repairs unlit a reasonable time, not to exceed 30 days, after
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Landlord has received written notie,:i from Tenant that such repairs naad to be made, unless such repairs are
an emergency which shall be repair-er. within 24 hours. Landlord also •grees to maintain any portion of the
Building used In common with other tenants in the Building and t.o maintain any portion or the Building Site
which is not Common Area. Tenant agraes to pay a pro rata share of the cost of s.uch Bulldlng maintenance
in the manner described in Paragraph 5.03. All other llems of maintenance and repair aru the sole
respon&lblllty and expanse of Tenant. Notwithstanding the foregoing, Tenant agrees, at Tanant's expense,
lmm&diately to make all n8COSsa,Y repairs lo the Premises or the Building cauaed by the acts or omissions
of Tenant, Its agents, customers, emplcyHS or licensees. Tenant acknowledges that ii. is Landlord's Intention
that this Lease is fully net to landlord and accordingly, Tenant shall pay its pro ra1a share of all costs and
expenses incurred by Landlord In connacUon with the Shopping Center other th.an Income taxes assessed
against Landlord, costs of leasing to tenants, initial or expansion capital construction costs, depreciation of
initial or expansion capital construction costs, and Interest on money borrowed by Landlord secured by the
Building Site •
12.02 !3.epairs and Maintenance by Tenant. Tenant agrees, at Tenant's expense, to keep the
Premises in a clean, safe and sanitary condition. Tenant agrees to immediately replae11 broken glass In
exte.rlor and interior Windows and doors with glass of the same quality, and, on Landlord's request, t.o remove
any encn:iachments maintained or authorized by Tenant on any public place without Landlord's prior written
clfflsenL Tenant shalt not overload any noor or facllity, throw any foreign substances in plumblng fixtures or
use the plumbing flX!ures for any purpose other than that for which constructed. Tenant also agrees to keep
the Premises (Including exterior enlrances, store fronts and the intarior of exterior walls), all partitions, dool'!I,
fixtures and equipment (inc:luding lighting, heaUng and plumbing fixtUres and any air conditioning systom),
and alt Item, of Tenant's Won< in good order, condition and repair and In accordance With all appllcabla laws, rules and regulations. The cost of maintenance and repair of that part of any wall shared with other tenants
of the Bulldlng shall be bome equally by au tenants sharing such wall; provided, howaver, Tenant shall be
solely responsible for repair'$ to such shared walls necessitated by the negligence of Tenant or others on the
Premises. If Tenant refus95 or neglects lo commence repairs within ten (10) days after receipt of written
demand from Landlord, or adequately to complete such repairs within a reasonable time after sueh demand,
Landlord, in addition to any other rights and remedies contained in this Lease, may enter the Premises and
make the repairs, at Tenant's expanse and without liablltty to Tenant for any lcsa er damage which may accrue
to Tenant's stoek or business by reason of such enby and repair work. Landlord may enter into repair or
maintenance contracts covering the heating, air conditioning and ventilation systems located on the Premises
and other part5 of th• Bulldtng, and Tenant agrees to pay for the service or repairs rendered under such
contracts to the extent that such charges are attributable to items which Tenant is obligated to maintain and
repair under this Paragraph 12.
13
ALTERATIONS AND.IMPROVEMENTS
13.01 Alterations and Improvements. After Tenant's Work has been completed, Tenant may not
. make any alterations, improvements, additions, or utility Installations to the Premises, th• exterior of the
Premises, the exterior walls, the roof, the store fronl. or any struclul'ill, mechanical or electrical component
Without Landlord's prior written consent. As a condition to giving such consent, Landlord may require that:
(a)Tenant agree to remove any such alterations, imprcvements additions, or utility lnslallalions
at the expiration of the Lease Term and to rectore the Premises to its prior condition;
(b) All alterations, improvements, addilions or utility Installations be made by a licensed
contractor under the supervision of a competent architect or competent licensed structural
engineer.
13.02 Trade Fixtures. Tenant may bring trade fixtures Into the Premises without the consent of
Landlord. Subject lo the rights of Landlord in case of Tenanr, default, Tenant agrees to remove the trade
fixtures upon expiration or termination or this Lease. Tenant agrees to repair any damage to the Premises
caused by such removal. All other impnwements, including Tenant's Work, which may be made or Installed
by either Landlord or Tenant shall rem;ain upon the Premises and shalt become the property of Landlord upon
termh\Blion of this Lease for any reason, unle$S Landlord requests removal of a particular Item by Tenant, in
which case Tenant shall remove the ilem and restore the Premises to the condition prior lo Installation of the
particular lam.
13,00 Liens, Tenant agrees to keep the Premiies, the Building, and the Building Site frN from
any liens arising out of any work performed on th• Premises or materials furnished to the Premises. Landlord
may, at any time and in accordance with applicable law, post notices or non-responsibility on the Premises
and record verified copies of those noUces in connection Wilh all work of any kind upon the Premises.
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14
ADVERTISING
14.01 Advertising. Tenant agrees net to make any changes to the store front or to Install any
exterior lighting, d�rations, signs or paintings wilhout first securing Landlord's consent. Tenant agrees not
to erect or install on any exterior wall any signs, advertising media, placards, trademarks, or similar Items,
without first sec\Jring Landlord's consent. All signs and advertising media shall conform to the design, mclil
and decor of the Shopping Center and Building and shall be in good taste, as determined in Landlord's sole
discretion. Tenant agrees properly to maintain all approved advertising. Upon expiration of the Lease, Tenant
agrees promptly to remove all advertising placed in and around the Premises by Tenant, unless Tenant is
instructed to the contrary by Landlord. Tenant agrees not to use any advertising medium, such as flashing
lights, searchllghts, loudspeakers, phonographs, radios, or televisions, which can be heard or experienced
outside the Premises. Tenant agrees not to display, paint or plac" any handbllla, bumper stickers, or other
advertising devices on any vehicle in the parking area of the Shopping Center, or to distribute any handbllls
or other advertising devices within the Building or the Shopping Center.
14.02 �-Intentionally deleted. ·
15
,MERCHANTS ASSOCIATION
15.01 Merchants Association. Intentionally deleted.
16
PARKING AND COMMON AREAS AND FACILITIES
16.01 Control or Common Areas by Landlord. All Common Areas, including without limitation
all parking areas, driveways, entrances and exits thereto, the structural and exterior portions and walls cf all
Buildings in the Shopping Center, Including without limitation roots and foundations, loading docks, pedestrian
sidewalks and ramps, landscaped areas, and all other areas and improvements provided by Landlord for the
general use, In common of tenants, their offiCffl, agents, employees and customers, 1haJI at all times be
subject to the exclusive control and management of Landlord, and LAndlord shall have the right from lime to
time to establish, modify and enforce reasonable rules and regulations with respect to all such Common
Areas. I.Andlord shall have the right to construct, main1Aln and operate lighting facilities on all said Common
Areas; to police the same; from time to time to change the area, level, location and arrangement of parking
areas and other facilities hentinabove referred to; to restrict parking by tenants, their officers, agents and
employees to park In designated parking areas; to enforce parking charges (by operation of meters or
otherwise), with appropriate provisions for free parl<lng ticket validating by tenants: to close all or any portion
of said Common Areas or facilities to such extent as may, In the opinion or Landlord, be legally sufficient to
prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close
temporarily all or any pcrticn of the parking areas or filcllilles: to discourage non-customer perking; and to
do and perfonn ,uch other acts In and to said Common Areas as the Landlord shall determine to be advisable
to Improve the convenience and use thereof by tenants, their officers, agents, employees and cu&tomers.
Landlord will operate and maintain the Common Areas referred to above In cuch manner as Landlord, with
the reasonable consent of Tenant, shall determine from time to time. Without limiting the scope of such
discretion, Landlord shall have the full right and authority to employ all personnel and to maka all rules and
regulations pertaining to and necessary for the proper openltion and maintenance of the Common Areas.
18.02 License. All Common Areas not within the Premises., which Tenant may be permitted to use
and occupy, are to be used and occupied under a revooable license, and If any such license be revoked, or
If the a.mount of such Common Ar8aa be diminished, Landlord shall not be subject to any liability nor shall
Tenant be entitled to any compensation, diminution, reduction, deduction, or abatement of rental or other
sums �erved by Landlord hereunder, nor shall such rwocation or diminution of such Common Areas be
deemed constructive or actual eviction.
16.03 Tenant to Pav Sharing Percentage of Common Area Maintenance Expanse,
(a)In each Lease Year Tenant will pay to Landlord, in the manner and at the intervals provided
hereinbelow and in addition to the rentals specifted in Paragraph 4 and elsewhere in this Lease,
as further Additional Rent, subject to the limitation hereinafter set forth, Tenant's Sharing
Percentage or the Common Area Maintenance Expeni.e, as hereinafter defined.
(b)The term "Common Area Maintenance Expense• means the total cost and expense Incurred
in operating and maintaining the Common Areas actually used er available tor use by Tenant and
the employees, agents, servants, customers and other invitees of Tenant. excluding only items
or QXpense commonly known and designated as canying charges, but ap.ecifically including,
without limitation, gardening, repairing, repaving, painting, restriping, cleanlng,sweoplng, planting,
water retention systems, and landscaping, the cost of public llabllity and property damage
6
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trash, rubbish, garbage and other refuse, depreciation on or rental or machinery and equipment
used in such maintenance, cost or all ullllUes and s�/108$ consumed or parfonned on the
Common Aroas, required fees or charges levied pursuant to any govemmanlal authority, a fee
equal to fifteen percent (15%) of the Common Area Maintenance Expense representing the cost
to Landlord of administrative and overhead expenses, and the cost of personnel to implement
such services, to direct parking, and lo police the Common Areas.
(c)The additional rent provid1d to b1 paid In this Section 16,03 &hall be computed on a semi.
annual basis and shall be paid by Tonant Within 30 days upon receipt or a bill thereJor from
1.Andlord without any deduction, reduction, diminution, or seloff whatsoever. Landlord agrees lo
provide Tenant with an ltemiZalion of uld expenses.
(d)Changes in any particular floor area cc.curring during any monthly period shall be effective on
the fll'$t day or the next succeeding month, and the amount of any floor area in effect for the Whole
of any monthly period shall be the average of the total amounts in effect on the first day of each
calendar month.
17
RULES AND REGULATIONS
17.01 Rules and Regulations. Intentionally deleted.
18
ASSIGNMENT ANO SUBLETTING
18.01 Assignment and Subletting. Tenant may assign Its Interest In this Lease or sublet the
Premises only With the prlor written consent of Landlord. Arr'/ attempted ai.signmant or sublelling without
Landlord's prior writton consent shall be void, sha.11 confer no rights upon any third parson and shall constitute
an event of default under this Lease. Each assignment or aubletl.ing to which I.Andlord has consented shall
be evidenced by an instrument in writing in form sallstactory to Landlord and shall be executed by the
assignor or aublessor and by the assignee or subtenant. Each assignee or subtenant shall also agree in
wnling to assume, to be bound by, and to perfonn the terms, covenants, and conditions of this Lea&e to be
done, kepi, and performed by Tenant. One executed copy of such written lnstn.iment shall be delivered to.
Landlord. Tenant agrees to reimburse Landlord for Landlord'a reasonable attomay's fees incurred In
connection with th.a processing and documentation of e.ny such requested usignment or subletting. No such
assignment or subletting shall rele.&e Tenant from Tenant's obUgaUons to L.mdlord under this Lease unless
Landlord agrees In writing to such release. Landlord's consent to an asslgnmenl or sublease on one occasion
shall not be deemed a conHnt to any subsequent assignment or sublease.
18,02 Concessionaires. Tenant agrees not to pennn any buslness to be operated In or from the
Premises by any licensee or other conceulonaire without the prior written consent of Landlord.
18.03 Corporate Tenants. If Tenant is a corporation and at any time during the Lea&e Tem, any
part or all cf the corporate shares of Tenant are ttan,ferred by aale, a:.signment, bequest, Inheritance,
operation of law or other disposition so as to result In a change in the present effective voting control or
Tenant by tha person or persons having such control as of the data of this Lease, TeMnt shall promptly notify
Landlord In writing of such change, and Landlord may terminate lhis Lease within ninety (90) days after receipt
of 11.1ch notice by giving Tenant thirty (30) days prior written notice of such tennination.
If Tenant is a partnership, Tenant agrees to delivertc Llndlord at the time Tenant signs this Lease
a copy of the partnership agreement, togelher with any amendments, establishing the partnership, lisUng all
of the partners in the partnership, evidencing the authority of the partnership to enter into this Lease,
designating the parsons authorized to exocuta this Luse, on behalf of the partnership, and indicating the
persons having effedlve operating control of th• partnership, If at any time durlng the tern, of this Lease mora
than tw9nly-fivo percent (25%) of the general partnership interosts in Tenant are transferred by sale,
assignment, bequest, Inheritance, oparaUon of law or other disposillon, or If new partners are admitted so as
to result in a change in the effective operating contro.l of Tenant by the persons having control as of the date
of this Lease, Tenant shall promptly notify Landlord In Ymtlng of such change, and Landlord may tenninate
this Lease within ninety (90} days after receipt of such nolioe by giving Tenant not less than thirty (30) days
prior written notice of such tennination.
18.04 Assignment by Operation of Law; Bankruptc:y. In no event shall this Lease or any interest
in this Lease be assigned or a11ignable by operation of law er by voluntary or Involuntary bankruptcy
proceedings without the prior written consent of Landlord. In no event shall this Lease or any rights or pri.
vileges under this Leaae be an asset of Tenant under any bankruptcy, Insolvency or reorganization
proceedings,
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19
INDEMNITY
19.01 Indemnity. Tenant agrees to Indemnify and save landlord hannless from and against any
and all claims arising from any act, omission or negllgenoe of Tenant, Tenant'; contractors, licensees, agents,
servants or employees, or arising from any accident. injury or damage whal$0ever to any person or property
occurring in, on or about the Premises, the Building, the Building Site, or Common Area and from and against
au costs, expenH& and Uabllities Incurred In connection with any such claim or proceeding.
19.02 Non-UabRity In Certain Instances, Lan dlord shall not be liable to Tenant or to any other
person whatsoever for any lnjuiy or damage to pal'ions or property, except in the case of Landlord's
intentional acts or gross neglect caused by:
(a)Falling plaster, electricity. plumbing, gas, water, steam, sprinkler or other pipe or sewage
syr.tem or by the bul'$ting, ruMing or leaking of any tank, washstand, closet or waste or other
pipes in or about the Premises or the Building.
(b)Water, ice or snow upon or coming through the roof, sk ylights, vents, doors or
otherwise; or
(c)Arr/ acts or negleot of co-tenants or other 0C()Upants of the Building, the Shopping Center or
of any other adjacent prop arty, or of their employees, agents, connctors, licensees, or Invitees,or the public.
Landlord shall not be liable in damages or otherMse for a.ny failure lo furnish, or for interruption
of service of any water, gas, electricity, heated water, steam and/or chuted water. Tenant reoognizes that the
Building and lhe Shopping Canter may be constructed in a number of stages and that other additions,
replacements er repair& to the Building or Shopping Center may be made. Tenant agrees that any
construction work, alterations, or repairs rur.onably undertaken by Landlord or anyone else in tha Shopping
Center after the commencement of the Lease Torm shall not enliUe Tenant to any abatement of rent or subject
l.Jlndlord to liability for any loss of occupation or quiet enjoyment of the Premises or Common Area.
20
EMINENT DOMAIN
20.01 Entire or Substantial Taking. If title to all or a substantial portlon of the Premises is taken
for any public or quasi-public use under any alatute or by right of eminent domain, or by private purchase in
lieu of condemnation, so that a reasonable amount of reeenstruclion of the Premises will not result In the
Premises being reasonably suited for Tenant's �nlinued occupancy for the uses and purposes for which the
Premises are leased, this Lease shall terminate as of the date that possession of said Premises, or part
thereof, b taken.
20.02 Partial Taking, Except as provided In Paragraph 20.03, If any part or the Premises Is taken
and the remaining part (after roconslruclion of the than existing b.uilding in which the Premises are located)
is reasonably 1u.ltable for Tenant's �tinued occupancy for the purposes and uses for which the Premises
are leased, this Lease shall terminate as to Iha part so taken at of the dale Iha! p0S$ession of such part of
the Premises is taken, and the Minimum Rent shall be reduced In the sarne proportion that the floor area of
the portion at the Premises so taken (less any addlUons to the Premises by reason of any naconstnJclion)
bears to the origlnal floor ara of the Premises. u.ndlord shall, at Landlord's e.xpen.e, make au necessary
repairs or alterations to the Building so as to con1tiluta the portion of the Building not taken a complete
architectural unit and the ramalning Premises a complete merohandising unit, however, such work shall not
axceed the scope of Landlord's Work in originally conatruollng said Building. Tenant shall likewise restore
Tenant's Work in lhe Premises, A just and proportionate part of the Minimum Rent shall be abated during
such restoraUon If there is a substantial Interference with Tenant's business.
20.03 Eleotjon to Terminate, If more lhari twenty percent (20%) of the floor area of either the
Building or the Premises is taken, Landlord.or Tenant may terminate this Lease upon s.ixty (60) days' notice
Without regard to the p!Viiiions of Soctlon 20.02.
20.04 Disposition of Proceeds. Al compensation awarded or paid upon a total or partial laking
of the fee of the Premls88 shall belong \o Landlord, unlestl such compensation is awarded or paid as
compensation for diminution in undepreclatad value of the leasehold improvomanlli plac.cf en the premises
by Tenant. Landlord shall not be enUUed to any award made to Tenant for loss ol business, de preciation to,
and cost of removal of ;took and flxtures.
e
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21 DAMAGE OR DESTRUCTION
21.01 Damage or Destruction; Land.lord lo Rebund, In case the Premises are partially or totally
destroyed by fire or other casual!)' Insurable under Landlord's fire and extended coverage insurance so as
to become partlally or totally untenanlable, Landlord agraoc lo rebuild and repair the Premises as provided
In Paragraph 21.03, unleH Landlord elects not lo rebuild as provlded In Paragraph 21.02.
21.02 Option to Tem,lnate. If It so happens that:
(a) More than fifty percent (50%) of the gross leasable floor area of the Building is destroyed or
damaged by fire or other casualty lnaurable under Landlord'a fire and axtendad coverage;
(b)The Building is destroyed to Iha extant of at least lhirty•lhree and one-third percent (33-1/�%)
of the replacemanl cost thereof;
(c)Either the Premises or the Building are partially or totally dstroyad by a cause or casualty
other than those covered by Landlord's fire and extended coverage insurance;
(d) Either the Premises or the Building are declared unsafe or unfit for occupancy by any
govammental authority and repairs are thereby required; or
(e)Fifty percent (50%} or more of the gross laasable floor area of the Shopping Center shall be
damaged or destroyed, notwithstanding that the Premis85 may have sustained liWe or no damage;
then, In any such event, Landlord may, if Landlord elects, rabulld or put the Building in good
condition and fit for occupancy within a reasonable time after such deslr\lcllon or damage, or Landlord or
Tenant may give notice In writing not later than thirty (30) days after any such damage or daslructian ter
minating this Lea.se. Unless Landlord or Tenant elects to tel1Tlinate lhl& Lease, thli Lease shall remain In fuU
force and effect and the parties waive the provi$ions of any iaw to lhe contrary,
21.03 Portions lo be Rebuilt by Landlord and Tenant. Landlord·s obligation to rebuild (should
Landlord elect or be obligated to repair or rebuild) shall be limited to the basic Building, Tenant, al its own
expense, shall replace and fully repair all of Tenant's Work, exterior algns, trade fbctures, equipment, display
cases and other Installations originally Installed by Tenant. All il'ISurance proceeds payable under Landlord·s .
fire and extended coverage risk insurance shall be payable solely to Landlord, and Tenant shall have no
interest in such procelilds.
21,04 Non Liability. Tenant shall not ba entitled to any compensation or damages from Landlord
for loss of the use of the whole or any part of the Premises, the Building, Tenant's personal property or any
inconvenience or annoyance caused by such damage, repair, or reconstruction. Notwithstanding the
destruction of or Injury to the Premises or any part of the Premises, whether or not the same are rendered
untenantabla or unfit for °""pancy, Tenant shall have no right to quit and surrender possession and shall
have no right to any abatement of rent, -.xcepl as specifically provided in Paragraph 21.05.
21.05 Operations During Reconstruction Period. During any period of repair and re construction,
the Mln.imum Rent provided in Paragraph 4.01 shall be abated proportionately with the degree to Whicn
Tenant's use of the Premjses la lmpairlld, such abatem.ant to commence with lhe date of damage or
destNetion and to continue throughout the period of repair, unless the damage or destruction was caused
by Tenant, Tenant's employees or agents. Tenant agreec to continue the operation ofTenant's businass on
the Premisas during any such period lo the
extent reasonably practicable from the standpoint of prudent buslnass management Tho obligation of Tenant
to pay Additional Rent shall remain In full force and effect under all circumstances.
22
EN'TR)'. BY LANDLORD
22.01 Access to Premises. Landlord and Landlord's employees and agents may enter the
Premises at all reasonabJe hciws upon 48 hours notice (and In eme,gencles at all times) without dimint•tlon
or abalement of rent and Without labiHty to Tenant (I) to insped the Premises; (ii) to make repairs, additions
or alterations to the Premises, the Building, or any property owned or contro0ed by Landlord (and for such
purposes Landlord may erac.t scaffolding and other necessary suuctures where reasonably required by the
character of the work to be performed, always providing that the entrance to the Premises shall not be blocked
thereby); (liij to seive or post any notice required or permitted under the provisions o1 this Lease or by law;
(iv)to cure any default by Tenant or to exercise any remedy of Landlord for a default; and (v) for any other
lawful purpo,e. If an excavation is made or is authorized to be made upon land adjacent to the Premises or
the Building, Tenant agrees to permit all necessary persons to enter the Premises for the purpose of doing
such work as Landlord deems necessary to preseive the wall& of the BLllldlng from injury or damage, and
Tenant shall not have any claim against Landlord for damages, lndemnlflcaUon or diminution or abatement
of rent,
9
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22.02 Access for ProspecUve Tenants. For a period c;ommencing ninety (90) days prior lo lha end
of the Lease Term, Landlord upon 48 hour notice lo Tenant may have reasonable ac:cess to the Premises for
the purpose of exhibiting the Premi1es to prospective teMnts and or posting usual "For Lease• signs.
23
ABANDONMENT
23.01 Abandonment. Tenant shall not vacate or abandon the Premises at any time during the
Lease Tenn. If Tenant violates this prohibition or Is dlaposnssed of the Premises lnvolunta.rily, by operation or law or otharwiH, any pe1$onal property belonging to Tenant and left on lhe Premises shall be deomed to
be abandoned, at Landlord's option, or L.andlord may store sucil property In Tenant'& name and at Tenant's
expense, Without notice to Tenant.
Lease:
24
EVENTS OF DEFAULT BY TENANT
24.01 Events pr Default, The following shall constitute events of default by Tenant under this
(a)11 Tenant fails to pay rant (including Additional Rent) or any other sums payable pursuant tothis Lease wilhln 7 days of the data due, and written notice from Landlord;
(b)If Tenant fails to observe or parfonn any of the other covenants or agl'88ments contained In
this Lease to be observed or perlonn1d by Tenant, but such failure, If of a type that can be cured
or correc:ted by Tenant, shall not be• default unless such failure continues for thirty (SO) days
a1ter written nolice of braacil Is given by Landlord to Tenant;
(c)If Tenant or any guarantor of this Luse shall become bankrupt, go into receivership, or make
an assignment for the benefit of creditors, or take or have liiken agal11$t Tenant or any guarantor
of this Lease any proceedings of any kind under any provision of the Federal Bankruptcy Act;
(d)If Tenant shall abandon the Premises, with Tenant's absence from the Premises for a period
of seven (7) consecutive days to be conclusive evidence that the Premises have been abandoned;
(e)If this Lease or any er.tale of Tenant under this LeaH shall be sold under any attachment or
•xecution or shall devo111e upon or pa.s to anyone else, by law or otherwise. without the prier
INlitten consent of Landlord; or
(t)If any olhar state of facts occurs whicil Is declared to be an event of default under any other
provision of this Lease.
25
REMEDIES OF LANDLORD
25.01 t3emadles. On any event or default, Landlord at Landlord's option. without additional notice
or demand, may do any one or more of the following, in any order, successrvety or concurrenUy:
(a)Cure of Default. Landlord may take any action deemed necessary by Landlord, In Landlord's
sole dlsctation, to cure the default Tenant shall be liable to Landlord for all of Landlord's
expenses so Incurred, as Additional Rent, payable by Tenant to Landlord on dem,md.
(b)Continuation of Least Wdhout Reentry. Landlord may continue the Lease in full torce and
effect, without reenlly, and may recover from Tenant, In one or more actions, all amounts due or
coming due from Tenant, plus any added costs, expenses or darna98$ caused by or arising out
of Tenant's default, and without any obligation of L.andlord to reenter, relet, terminate or take other
a�n.
(c) Oontlnuatlon of lease With Reentry. Landlord may continue this I.ease In full force
and effect and reenter and take p05&8Ssion ol lhe Premises, rejecting all pe�ons from
the Premises. Upon Landlord's rvenlly or demand to reenter, Tenant shall
Immediately surrender possession of Iha Premises lo Landlord. Upon obtaining
possession, Landlord shall attempt to relet the Premises using reasonable efforts to
do so (but In no 01159 being required to relet the Premises until all other available
spa� has been leased or to spend any amount or undertake any effort more than
customary In Landlord's ordinary course of business) at a fair rental, set In Landlord's
sole discration, which rental may be more, equal to, or less than the rent under this
Lease. Any rtletting may be at one or more limes, to one or a nu mber or succession
of tenants, and for a tenn or terms less than, equal to, or more than, the remaining
10
term of this Lease. On Landlord's reentry or demand to reenter, Tenant shall
immediately pay to Landlord all accrued rent and other sums then due under this
Lease. Ther,, until termination or expiJallon of this Lease, Tenant ahall be liable to
Landlord for, and shall pay to Landlord, all rent, including rent adjustments and all
other sums due under this Lease, offset by the amount, ii any, of Landlord's net
income from the relettlng of the Premises, after deduction of all expenses of recovery
of possession, of reletting, and of other amounts chargeable to Tenant under this
Lease, Toa amounts so owed by Tenant shall ba paid by Tenant to Landlord as bllled
or dMded from time to time, either prior to or after the termination or raxpiration of this
Lease. If the net Income to Landlord from relettlng exceeds the amount of Tenant's
rentals during any portion of the remaining term, Landlord may retain the surplus,
without lntel"e$t, until the expiration or termination of this l.Hse for application against
any subsequent deficiency. Landlord al any time may require of Tenant a s9Curity
deposit (or increase in any existing security deposit), or require other security, In an
amount sufficient, In LaJ'ldlord's sole discretion, to SSQUre to Landlord the payment of
rentals, including rental adjustments, for the remaining term of this Lease. On
termination or expiration of this Lease, Tenant shall remain liable for, and shall pay
to Landlord on demand, any deficiency by which the amounts for Which Tenant is or
becomes liable to Landlord under this Lease after l;fediting Tenant with payments
reet!ived by Landlord from Tenant and from any net income from reletting the
Premises. H thw• remains a surplus, it sha.11 be then paid to Tenant.
(d)Termination of Lease. Landlord may terminate this Lea&e by written notice to
Tenant of Landlord's elecUon to do so, Whather or not Landlord has previously
elected to continue the Lease in effect, With er Without reent,y. Upon Landlord's
notice of termination, Tenant immediately shall pay to Landlord the am.ount c:rf au
ac.crued rentals and other sums due under this Laase to the date of termination.
Then in addition, Tenant shall pay Landlord, on demand, from time to time, the
amount of Landlord's. damages a, determined in retrospect after the expiration of any
portion, or all, of the full term of this LeaH (had it not been terminated) and
consisting or the fl.Ill amounts c:rf re.ntals, including rental adjustments and all other
sums to have been paid by Tenant under this Lease or arising by reason of Tenant's
default, reduced by rentals and other sums received from Tenant applicable against
Tena.nt's obfigatlons under this Lease, and by Landlord's net income, if any, from tj,e
reletting of the Premises during the remaining term period. Additionally or
alternatively, at any time prior to the GXpiratlon of the full term of this Lease (had it not
been terminated), Tenant shall pay Landlord, at Landlord's option, on demand,
Landlord's prospective damages OYer the remaining term as a lump sum In an
amount determined by Landlord and binding on both parties, so long as made
reasonably and i.n good faith, The prospective damages shall be an amount equal
to Landlord's calculation of the probable amount of the difference by which the rentals
for the full term of the Lease, including rental adjustments, plus all accrued and
reasonably anticipated costs, damages and axpenses for which the Tenant Is or
would become liable for under this Lease (including thoH arising out of Tenant's
default), will exceed all offsetting actual rentals received from Tenant, all actual net
rerental income over the full remaining term, and all securtty deposits and other
credits, If any, to Tenant's accounl The pa.rties agree that such lump-sum deter
mina.tlon Is a reasonable, appropriate and ag19ed upon means of liquidating damages
prior to the explratlon of the period of the full term, that if Landlord eleets such lump
sum settlement neither Landlord nor Tenant ahall be entitled to any subsequent
redetermination of damages over the remaining term, and that on the payment otthe
lumpsum, Tenant shall be released of all liability for any claim of Landlord for
additional damages arising ewer the remaining term.
(e)Appointment of Receiver. Landlord may haw a receiver appointed to take possession of the
Premises or to collect any rents or profits derived from the Premises, or both. The receiver may,
If necessary or convenient, conduct the bu&Jness of Tenant then being carried on In the Premises,
and may take possasaion c:rf any perional property belonging to Tenant and used In the conduct
of such business and use the same in conducting such business. Neither the application for the
appointment of a receiver nor the appointment c:rf a receiver shall be construed as an election by
Landlord to terminate this Lease unless notice of such termination is given by Landlord to Tenant.
(1)Aceeleralion of Rent. If, pursuant to Paragraph 25.01 (b), Landlord elects to
continue the Lease In effect without reentry, Landlord, at Landlord's option, may
declare the unadjusted Minimum Rent for the entire remaining tem, of the Lease to
be Immediately due-and payable. Tenant, upon receipt of notice of such acceleration,
shall Immediately pay Landlord the full amount of such Minimum Rent, -as prepaid
rent. After receipt of aueh payment, Landlord shall not terminate this Lease, nor
reenter the Premises, on account of the default which gave rise to the aecaleration.
However, such full recovery of unadjusted Minimum Rent shall not relieve Tenant of
Tenant's obligations to pay rental adjustments or other sums to Landlord under this
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Lease, or otherwise to perform Tenant's obllgat!Qnri' uhder this Luse, nor re;trlct
Landlord In the exercise of other remedies on the happening of any other event of
defaulL
25.02 Landlord's Expenses and Damages. Landlord, In every i;ase, shall be entiUed to recover
from Tenant an of Landlord'• •xponus, costs and damages arising out of any event of default, Including, but
not limited to, advertising, brokerage fees, clean-up, repair, altarations, refurnishing, refurbishing, custodial
and security expenses, bookkeeping and accou.nling costs, legal axpense1 (whether or not tuit is brought),
and costs and 8lCpenses of litigation.
25,03 Other Remedies and Rights. Landlord may exercise any other rights Landlord may have
under statute, regulation, common law, or generally In law or ·equity. La.ndlord may exercise any remedy
without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief
�lhout waiving its right to further relief. The exercise of any remady by Landlord shall not waive Landlord's
right to exen::tse any other remedy.
25.04 Contractual Lien. In addition to any statutory tlen for rent in Landlord's favor, Landlord shall
have and Tenant hereby grants to Landlord a continuing sacurlty intere$t for all rentals and other sums ol
money becoming due under lh• Lease In all goods, wares, equipment, fixlures, furniture, invento,y, accounts,
contfilct rights, chattel paper and other peraonal property of Tenant sltuat&d on 1;1r related to business
conducted at tne Premises. Such property shalt not be ramoved from tho PremisK without the consent of
Landlord until an past due renl as well as an other suma of money then due to Landlord under the Lease have
been paid. In th• event of a default under lhe Lea11e, Landlord ahall have an rights and ramadias of a creditor
under the Uniform Comm111cial Code. Tenant hereby agrees to execute financing statements and other
Instruments necessary or desirable In Landlord's discretion to perfect the security Interest created by this
Paragraph.
2S.05 Default by Landlord. In tha event Landlord defaults on any of its obligations under this
Lease, Tenant agrees to give Landlord and any mortgage holders written notice of said default and 30 days
to cure the same except In an emergency situation which shalt be cured in 24 hours. If Landlord falls to cure
said default, Ten.tnt shall have the right to cure the default and offset Rid cost against future rent due under
the Lease.
26
SUBORDINATION
26.01 Subordination. Tenant agrees that this Lease shall be subordina.teto any mo.rtgages or trust
deeds which may be placed on the Premises now or later, to any and all advances made or to be made
pursuant to any such mortgage or trust deed and to alt renewals, replacements and extensions of any such
mortgage or tMI deed; provided that so ton9 as Tenant is not in default under this Lease, said Uenholder
agrees not to disturb Tenant', possession of the Premises or terminate the Lease. Tenant agreas to execute
and deliver suoh further instruments evidencing th.is subordinaUon as Landlord may request
26.02 Attomment. 11 any proceedings are brought for foreclosure or It there Is an exercise of the
power of sale under any mortgage or trust deed described in Paragraph 26,01, Tenant shall (at the election
of the purchaser) attom to the purchasar upon any such foniclosura or sale and recognize such purchaser
as Landlord under this Lease.
27
ESTOPPEL CERTIFICATES
27.01 Estoppel Certificate$. Tenant agrees at any time and from time to time upon not 18" than
ten (10) days' prior request by Landlord, to execute, acknowledge and deliver to Landlord a statement in
writing certifying that this Lease is unmodified and In full force and effect (or if theni have been modific:alfcns,
that the Lease is In full force and effect as modified and staling the modifications), slatlng the dates to which
the Minimum Rent and other charges have been paid l.n advance, if any, and confirming Tenant's ac�ptance
of the Premises, the comm�ment of the Lease Tenn, and the rent provided under the Lease, ll being
Intended that any such statement delivered pu�uanl to this Paragraph may be relied upon by any prospective
purchaser, mortgagee, or assignee of any mortgagee of the Premises or the Building.
211
SALE OF PREMISES
28.01 Sale of Premises by Landlord. In the event of any sale or exchange of the Premises by
Landlord and the assignment by Landlord of this Lease, Landlord shall be and is hereby entirely released of
an liability under any and all of lt5 covenants and obligations contained In or derived from this Lease occurring
after the eonaummation of such Hie or e.xchange and usignment.
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29
SECURITY DEPOSITS
29.01 Security Deposits. Intentionally deleted.
30
HOLDING OVER
. . 30.01 Holding Over. If Tenant should remain In po554mlon of the Premises after the expiration
of the Lease Tern, with the express written consent or Landlord and without executing a new lease, then such
holding over shall be construed as a tenancy from monlh-to,.month, subject to all conditions, provisions and
obligations of this Lease in.ofar as the same are ap,plicable to a month-to-month tenancy, except that the
Minimum Rent provided in Paragraph 4.01 (as adjusted for Increases In the Consumer Price Index, if
applieable) shall be an amount equal to one hundred fifty parcent {150%) of the adjusted Minimum Rent that
was applicable at the expiration or th• Lease. Tenant shall continue In poueasion unUJ such tenancy is
tennlnated by either Landlord or Tenanl giving written noUce of terminatlon to the other party at least ten {10)
da)'.s prior to the effective date of tennlnatlon.
31
SURRENDER OF PREMISES
31.01 Surrender. On the lase day or sooner tennination of the Lease Tann, Tenant agrees to quit
and surrender lhe Premises, broom clean, In good condition and repair (reasonable wear and tear and
damage by acts ol God or fire excepted) together with an alterations, addlUons end lmprovementa which may
have been made in, to or on the Premises, except movable fumiture or unallaehed movable trade flldures put
In at the expense of Tenant. Tenant shall ascertain from Landlord within thirty (30) days before lhe end or the
Lease Tern, whether Landlord desires to have the Premises or any part o1 the Premises restored to their
condition when the Premises were delivered to Tenant, and if Landlord so dasires, then Tenant shall so restore
the Premises. or such part before the end of the Lease Tern, at Tenant's expanse. Tenant, on er before the .
end of the Lease Term, shall remove all of Tenant's property from the Premises, and all property not removed
shall be deemed abandoned by Tenant If the Premises are not aurrendered al the end of the Lease Tenn,
Tenant shall indemnify Landlord against loss or liability resulling from delay by Tenant In so surTendering the
Premis8S Including, Without limitation, any claims made by any succeeding tenant based on such delay.
31,02 Merger upon Surrender. The voluntary or other surrender of this Lease by Tenant, or a
mutual cancellation of this Lease, shall not automalioally work a merger, and Landlord may either tem,lnate
all or any existing subtenancies or trst the surrender or cancellation as an a&Slgnmenl to Landlord of any or
all such 11ublenancles.
32
GENERAL PROVISIONS
32.01 �. One or more waivers af any covenant or condition contained In this Lease or of any breach or default shall nol be construed as a waiver of a subsequent breach or default of the same or
of any other cOYenant or condition, 1nd the consent or approval to or of any act which requires conr.ent or
approval shall not be deemed to waive or render unneces$ary conaent or approval to or or any subsequent
or aimilar act. The subsequent acceptance by Landlord of rent or of any other payment shall not constitute
a waiver of aoy concurrent or pnM;eding breach or default by Tenant of any term, covenant or condition of this
Lease, other than the failure of Tenant to pay the particular rental or payment so accepted, regardless of
Landlord's knowledge of such preceding or concurrent breach or default at the Ume of acceptance of such
rant or payment. No waiver shall be effective unles1 it Is in writing and signed by Landlord.
a.2.02 No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser
amount than Iha rent provided to be paid shall be deemed to be other than on account o1 the earliest rant due
and payable under this Lease. nor shall any endorsement or statement on any check or letter accompanying
any check or payment as rent be deemed an accord and satisfaclir;m. Landlord may accept any such check
or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other
remedy provided in this LHce.
32,03 Notices. All notices, demands, and �ements shall be in writing and shall be given by
personal delivery or by deposit In the United States mail, certified, re!Ym receipt requeated, postage prepaid,
addressed to the parties at the addraHes appearing on Page 1 of this Lease or at such other place as either
party may designate in writing to the other party. The date notice is given shall be the date on which the
notice is delivered, if notice is given by personal delivery, arthe date of deposit in the mail, if the notice i5 sent
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through the United States mail. Notice is deemed to have been received on the date on which the notice is
deflvered, if notice is given by personal delivery, or three (3) days after deposit in the mail, if the notlce Is sent
through the United States mail.
32.04 Relationship of the Parties. Nothing contained In this Lease
shall be deemed or canstrued by the parties or by any third person to create the relationship of principal and
agent. of partnership, of joint venture or of any uaociation between l..Andlord and Tenant, and neither the
method of computation of rent nOf any other provision contained In this Lease nor any acts of the parties shall
be deemed to create any relationship between Landlord and Tenant other than the relationship of Landlord
and Tenant.
32,05 Attomey's Fees. In the event of any action or proceeding brought by either party against
the other under this Lease or any guarantee of this LAase, the prevailing party ahall be entitled to recover
i,ttomey's fees in suoh amount as the court may judge reasonable.
52.06 Binding Effe.ct Subject to au limitations on assignment and subletting set forth In this lease,
all of the terms and provisions of this Lease shall inure to the benefit of and be binding upon the successors
and assigns of each of the parties to this Lease.
32.07 Interest on Past Due Obligations, Any amount due to Landlord which is not paid when due
shall bear Interest from th• due da.te untll paid at the rate of twvlva percent (12%) per annum or the maximum
rate of Interest permitted by law, whichever Is greater, Payment of such interest shall not excuse or cure any
dllfault by Tenant under this Luse.
32.08 Severability. If any one or more of th• provi5ions of this Lease or tl'le applicability of any
such provision to a specific situation thall be held Invalid or unenforoeable, such provi,ion shall be modified
to the minimum exlent necessary to make it or its appllcaUon valid and enfon;eable, and the validity and
enforceability of all other provisions of this Lease and all other applications of such provisions shall not be
affected by such determination.
32.08 Entire AgrNment; Amendment. This Lease, together with the attached Exhibits which are
an integral part of this Lease, constitutes the entire agreement between the parties pertaining to the subject
matter of this Lease. All prior and contemporanaous agreements, representations and understandings of the
parties, oral or written, are superseded and merged In this Lease. No supplement, modification or amendment
of this Lease shall be binding unless in writing and executed by both parties.
32.1 o Captions. The captions of the Paragraphs of this Lease are for convenience only and shall
not be considered or referred to in resolvlng qunUons of interpretations or construction.
32, 11 Construction. The laws of the State of Minnesota shall govem the validlty, perlonnance, and
enforcement of this Lease. This Lease shall not be construed either for or against Landlord or Tenant This
Lease shall be interpreted in an effort to reach an equitable result Whenever the context may require, any
pronouns used in this Lea.te shall Include the corrocponding masculine, feminine or neuter fonns and the
singular fonn of nouns and pronouns shall include the plural and vice ver.a. If there is mora than one Tenant,
the obligations under this Lease shall be considered the Joint and several obUgatlons of each.
32.12 Time of Essence. Tme is of the essence with respect to the perlormance of each of the
covenants and agreements conlalned in this Lease.
32.13 Corporate Authorization. If TaMnt is a corporation, this Lease must be executed by the
President or Vice-President of the Corporation and by a Secretary or Assistant-Secrelaly, unless the By-L.aws
or a resolution of the Board of Directors shall otherwise provide, in which event the By-Laws or a certified copy
of the resolution, as the oasa may be, must be furnished � Landlord. Also Tenant's corporate seal must be
affixed to Tenant's corporate signature if Tenant ia a corporation.
32.14 Brokers. Tenant warrants that Tenant has not had any dealings with any realtor, broker or
agent, other than Park Commercial Properties in connection with the negotiation of this Lease, and Tenant
agrees to pay and to hold landlord harm.less from any cost, e,cpenss or liability for any compensation,
commission or charge claimed by any other realtor, broker or agent with respect to this Lease.
32.15 execution of Additional Documents. Landlord and Tenant each agree to execute such
additional documents as may be neeessary or appropriate 10 fully carry out the provisions of this Lease.
32.16 Time Periods. If th11 time for the performance of any obligation under this Lease expires on
a Saturday, Sunday or legal holiday, the time for perfonnance shall be extended to the next succeeding day
which is not a Saturday, Sunday or lagai holiday.
32.17 Exculpation. Notwithstanding any other provision contained in this Lease, Landlord shall
not have any personal liability hereunder. In the event of any breach or default by Landlord In any tem, or
provision of this Lease, Tenant agree$ to look 1ol11ly to !he equity or Interest then owned by Landlord in the
land and Improvements which com,titute the Shopping Center; however, in no event shall any deficiency
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land and improvements which constitute the Shopping Center; however, in no event shall any deficiency
Judgr,1�.,t or any money Judgment of any kind be sought or obtained against any party Landlord.
32.18 Consent. Whenever Landlord's or Tenant's c;onsent is required pursuant to this Lease, said
consent shall not be unreasonably withheld or delayed.
32.19 Tenant's Right to Terminate.. II Tenant, fOf any reason ceases to be In the liquor business,
Tenant may terminate this Lease upon 60 days Written notice to Landlord.
33
HAZARDOUS WASTES
S3.01. Hazardous Waslell and lnfactlous Wastes. With respeet to all "Hazardous Wastes• or
"Infectious Wastes• (collectively, "Wastes; generated, used or otherwise located on the Demised Premises by
reason of Tenant's activities thereon, the folloWing specific rules shall govem.
Tenant shall al all limes be'" full compliance with all federal, state and local laws, statutes and
regulatic,ns ("Laws") conceming the generatlo", storage, transp011aUon. treatment and dlspoaal of Wastes.
Tenant shall advise Landlord prior to th• generauon or handling orwastes. Upon request by Landlord, Tenant
shall derwer lo Landlord copies of all contracts, program1, ma.nagemant plans or certJficalions regarding the
generation, storage, removal or disposal of Wastes which 11'8 required In order for Tenant to be in compliance
with the Lawi. or requested by parties holding mortgages against the Shopping Center.
Alf Wastes localed upon the Demised Promises shall be transported therefrom, and appropriately
disposed of directly by Tenant puriuanl to Waste removal contracts executed by Tenant and In compliance
With all Laws.
Tenant shall, Immediately upon receipt, provide Landlord with copies of all pem,its, Inspection
reports, monitoring reports, licenses, order demands, compliance requests, edict& or other documentation
filed, served, delivered or transmitted eitherwilh, to or from the Minnesota Pollution Control Agency, Minnesota
Department of Heallh or the Environmental Protection Agenc;y !K any other governmental body (the
"Environmental Requirements"). Tenant shall comply with an Environmental Requirements.
In no event shall any Wastes be stored, handled or disposed of on the Demised Premises or in
the Building or on the Project other than in strict compliance herewith.
'Infectious Waste• shall mean waste origination from the diagnosis, care or treatment of a person
or animal that has been or may have been exposed to a contagious or infectious disease. lnfecUous Waste
includes but shall not be limited to:
a.All wastes originating from persons or anlmals placed in isolation for control and treatment of
an infectious diseaSBi
b.Bandages, dressings, casts, catheters, tubing and similar dlsposal items which have been In
contract with wounds, bums, anatomical tract& or surgical incisions and which are auspect or being or have
been medically verified as infectious;
c.All anatomical wasle, Including human and animal pauta or tlssuesi
d.Sharps and needles;
e.Laboratory and pathology waste of an Infectious nature:
f.Discarded medical equipment and parts thac were In contract with infectious agents; or
g.Ally other waste as defined by the local, state or federal law which, because of its Infectious
nature, requires special handling and disposal.
"Hazardous Waste• means any "hazardous substances,• "pollutants• or •contaminants• as those
terms are defined In the Comprehensive Environmental Response Compeni.alion and Liability Act, 42 U.S.C.
9601, et. seq. and the Minnesota Environmental AHponse and Uabnity Act, Minn. Stal Chapter 115B.
34.01 Option Period, Provided that Tenant is not In default pursuant to the terms of this Lease,
Tenant shall have the right upon written nollce to Landlord on or before June 1, 1997 and June 1, 2002,
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respectlvety to ext•md the term cf this Lease for additional periods cffiv• (5) years each upon the same terms
contained herein e-xro�t that the Minim1.1m Rent shall be Three Thousand Five Hundred Fifty-two and 30/100
Dollars ($3,552.30) per month during the first option period and Four Thousand Five Hundred Ninety-seven
and 08/100 Dollars ($4597.08) per month during the second option period. Tenant's failure to exercise the
first option shall automatlcally tennlnate the second option.
In the event that more than 10,000 square feat of the Shopping Center Is vacant on the dates of
exercise of said options, the Minimum Rent shall not be increased until such time as the vacancy factor is
reduced below 10,000 square feet. Tenant acknowledges that it shall not receive a reduction in Minimum Rent
slmply because more than 10,000 square feet beeomes vaeant d1.1ring an option period.
IN WITNESS WHEREOF, this Lease has been executed by Landlord and Ten11nt as of the Date of
Execution appearing on Page 1 of this Lease.
Witness
Witness
Witness
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
Levine Investments
By: __________ _ Marion Lelline
"LANDLORD"
City of Columbia Heights
By: ________ _ Stuart Anderson, City Manager
By: ________ _ Donald J. Murzyn, Jr., Meyor
'TENANT''
This instrument was acknowledged before me this __ day of _________ , 1992,
by Marlon M. Levine, doing business as Levine Investments.
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
Notary Public
. This inst11.1m11nt was acknawl11dged before me this __ day of _____ , 1992, by stuart
Anderson, City Manager, and Donald J. Murzyn, Jr., Mayor, on behalf of the City of Columbia Heights.
Natary Public
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EXHIBIT "B"
Tenant acknowledges that they have inspected the Premises and agree to accept the same in Its current •as is" condition Without any repairs or modifications to be made by Landlord, except as follows:
(1)Landlord warrants that the heating, ventilating and air conditioning system servicing thePremises shall be in good working condition on the LMH Commencement Date and for a period of 6 months
immediately thereafter. After said date, Tenant shall be solaly ra&ponsible for the repair of said HVAC system.
(2) Landlord shall enter into a contract with Adkins Construction Inc. for the Improvements to the
Premises described in that certain letter for ADI to Randy Elofson dated September :,o, 1982 and attached
hereto as Exhibit B-1. Upon complatlon of said wor1c, Tenant agrees to reimburse Landlord an amount not
to exceed $29,100.00 (without Tenant's written approval) fer the cost of said improvements. Landlord agrees
to usa Its good faith efforts to complete said Improvements on or before January 15, 1993.
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EXHIBIT B-1
ACI ADKINS CONSTRUCTION INC.
7373 West 147th Street Apple Valley, MN 55124
612/431-3000
September 30, 1992
Mr. Phil Suckerman
Top Value Liquor Store
4340 Central Avenue N,£.
Columbia Heights, MN 55421
Reference: Proposed J...ca.�ebold Improvements, Columbia Heishu Liquor Store
2241 -37th Ave. N.E., Columbia Heights, MN
Dear Mr. Suckerman:
This letter and the all111:hed floor plan constitutes our proposal for tbc construction of
leasehold improvements for a new liquor store al 2241 -37th Ave. N.E., Columbia Heights, MN.
The work will conaist or improvements to approximately 10,030 1quare feet of existing
leasehold space.
This proposal has been prepared in resronse to your invitation after review or exiitiug building
conditions. Construction or the leasehold improvements will be in accordance with standard
construction practices of the indu�try and will be performed ip a workmanlike manner. The
following conditions apply:
1.Demolition
Demolition and removal will include approximately 60 lineal feel of wall at the
pharmacy area, 60 lineal reel of wall al the store front display area, and 24 lineal feet
of concrete block wall adjacent the warehouse area.
In addition, demolition and removal of existing c:eiliog soffit, soffil trim, and raised
floors will include approximately 58 lineal feet of 2' wide gypsum board soffit along
the cast interior wall, 320 square feel of decorative soffit along the west interior wall,
all cedar and painted pine wood accenting trim, and raised floors al tbe pharmacy and
storefront display area.
Approximately 1800 square feel of acoustical ceiling metal grid and tile al the
pharmacy, decorative soffit, and proposed cooler area will be: removed for reuse.
2.Partition Walls
A vertical soffit wall consisting of 3-5/8" metal studs will be extended from the top of
the cooler lo the acoustical ceiling along the cooler front and i;ide5 adjacent the retail
area. The vertical sorrit and cooler walls adjacent the retail area will be clad with 5/8"
gypsum bo:ird from the floor lo the acoustical ceiling.
• Design Build •Gener,11 Construction • Construction Management
.. �.
September 30, 1992
Reference: Proposed Leasehold hnprovcmcnts, Columbia Heights Liquor Store
Z241 -37th Ave. N,E., Columbi� Heights, MN
Page 2
Partition walls c:onmllng of 3-5/8" metal studs clad both sides with S/8" gypsum board
will be extended from the floor to the acoustical ceiling for a proposed lO'x 10' office.
SLore monitoring from tbc office will provided by insLaUation or one new and two
existing window units. An additionnl 25 lineal feet o! the west waU will be finished
with 1-1/2" a:ielal studs and clad with one layer of 5/8" gypsum board,
The soHit uca removed along tbc west wall will be iD-Cillcd to provide for a continuous 2'·0' wide gypsum bo:ird so.rfit. All new gypsum board walls will be finish taped illld
sanded. Existing walls will be prepped as required for painting.
3. Doon & Frame$
Existing wood doors, frames, and finish hardware will be wed for the office ud break
room. A peep bole will be provided i11 the rear door.
4.Ceilings
Existing acoustical ceiling tile and grid will be used to replace damaged ceiling tiles and
in-fill ceiling areas where needed. The office will be provided aa u:oastic1l ceiling
consisting of exi,ting tile ad grid at 9'· 0' above finished noor.
S. Paint
All new gypsum board p:irtit1on waUs and soffit al the relail and office area will be
provided 2 coats of acrylic laccx, and all existing g)•psum board walls will be provided
1 coat or acryl.ic latex. Doors u1d frames will be provided 1 coat of enamel. Resuoom.s
will be provided 1 coat of acrylic se:ini-gloss paint.
6.Plumb1111
All plumbing work will be provided for relocation of a water beater, slop sink, and
HVAC coadcnsation drain to the wall area west of the existing 1hip1 ladder. All
fixtures are to be reused.
One floor drain will be installed for the cooler within 10' ol the cxii;tins slop sink
location.
7.Auto Fire Sprinkler
Tbe au1omaLic rire preventioa spr.iJikJer system will be remodeled as required including
the addition and relocation of sprinkler heads. The office will be provided a chrome
pendant sprinkler bead, and the warehouse area will be provided brass upright heads
as required.
The cooler will be provided fourteen dry pendant lleads as required. All work will be
designed and approved by the City of Columbia Hci;hts.
-:-! . : ::
September 30, 1992
Reference:
8.HVAC
Proposed Leasehold Improvements, Columbia Heights Liquor Store
2241 • 37lh Ave. N.E., Columbia Heights, MN
Page 3
The proposed oCCice will be provided a diffuser and retura air grill for heating and
cooling as required. Existing diffusers along the storefront will be relocated lnlo
acoustical ceiling grid and lite ill each existing location.
!I. Eh!ctrical a.ad Lighting
Existing strip fluorescent fixtures will be relocated to provide continuous lighting
consistent with existing lighting at all areu of the retail area. Office lighth,g will be
provided by existing Cluoresccnt light fixtures.
All retail and warehouse lamps and ballasts will be replaced as required. Lighting will
be switc.hed al lhc panel for the re1ail and warehouse areas and switched iudividu.ally
at lhe oCCice and break room. Three light fixtures will be dedicated for night lights.
Dedicated aad convenience power will be extended to each of three (3) check-out staud$
through existing floor duct. A doorbell with push button will be installed at the rear
entrance door,
Fifteen duplex receptacles will be provided for convenience power at tbe office, break
room, and retail area . Ulumioau:d exit signs and emergency lights will be provided as
required.
10.Alternates
1.Tbe retail and office area can be provided 690 yards of 26 oz.,
nylon, level loop, commercial grade carpet in coojuoctioo with a
4' • o· wide ribbon of 6"x 6" red quarry tile along the froi:it of the
cooler returning to the double door entrance to the warehouse.
360 lioeal feet of 4' high ,•ioyl base will be provided for visible
walls at Lbe retail and office area. This alternate can be provided
for an addilional ............•.•.....................•• , , , . $ 10,700.00
2.Cooler light fixtures and a switch (provided by the cooler
supplier) caa be installed, and aJI power and control wiriJlg can
be provided !or a condeasi11g unit located on the roof and a
refrigeration cooler unit located in the cooler for an additional .• S 2,100.00
11.Items Not Included
a). Paging or intercom systems, security or alarm systems, or telephone wiring,
b). Fire extinguisber(s).
c)Plan Check or Buildi.og Permit fees.
... :·: :: : =:
September 30, 1992
Reference: Proposed Leasehold Improvements, Columbia Heights Liquor Store
2241 • 37th Ave. N.E., Columbia Heishts, MN
Page 4
d). Any additional work that znay be required by building inspectors or fire
marsba4 not specifically stated in this proposal.
12.Schedule
The lea!iehold improvements of this proposal can be completed with a continuous
construction schedule of 3 weeks upon installation of the cooler. All dciaolition can be
provided 1 week prior lo cooler delivery. This construction schedule is co11tingcnt upon
strikes, acts or God, labor disputes aud other items beyond our control.
13.Contract Amount
Adkins Construction Inc. will provide all labor, materials, and equipment for
construction of the leasehold improvcmeats of this propo$al with a progreR paymentcontract and cash foe a contract 11mount of $29,100.00.
This propo5al may serve as the construction contract. Your signature below will provide the
authorization to proceed.
We appreciate the opportunity of presenting this proposal to you.
Sincerely,
Adkins Construction Inc.
ri)/41�;-�//l,4
���
Pre5idcnt
Accepted by:
Title:
Date:
topvalue\letterl.fpp
September 30, 1992
Reference: Proposed Leasehold Improvements, Columbia Heights Liquor Store
2241 • 37th Ave. N.E., Columbia Heights, MN
"COST BREAKDOWN"
for
Lra:sebold lmproYemeats
Liquor Store
2241•37th Ave. N,E,
Columbia Hei1ht1, MN
Design -Architectural . . . . . . . . . . . . . . . . . . . . • • . • . . . . . • . . . . . . S
Dumpster .........•..........................•.....•.... $
General Conditions . . . . . . . . . . . . . . . . . . . . . . . . • . • . . . . . • • • . . . . $
Supervision ..... , . , •.... , ........•.......... , ........... $
Concrete Sawing ...... , ................................... S
Demolition ............................................... $
Acoustical .... , ...................... , . . • . . . . . . . . . . . . . . . . S
Carpentry ...• , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
Drywall ...... , . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
Paint .............. , .......... , . , , . , , , , , · · , , · · · · · • • · · · · · S
Railing ........... , , ............................... , . . . . S
Plumbing ...•.................. , ............. , .•........ S
Sprinkler .............................................. , S
HYAC ...........................................•...... S
Electrical ................. , ............... , , , , , , , . · · , , , · $
Coastniction Cost Total ....... , ......... , •• , .....•. , , • , S
Overhead & Profit ..........•............................ S
Project Total ..• , ..•••••............. , , .•......••••.. S
: . -: f--r.
240.00
700.00
700.00
2,070.00
300.00
2,400.00
320.00
300.00
6,512.00
1,570.00
300.00
1,200.00
2,825.00
600.00
6,635.00
26,672.00
2,428,00
29,100.00
' ';" ; : : �
Page 5
EXHIBIT 'D'
All signs shall be in conformance with Columbia Heights City Code.
-: � ... ;.:.. � : : :: ; -:
1'7"ER.'-AL OCX:CYIE\7" FOR STAFF REVIEW O:'-.1..Y PREPARED 30-Scp-92
"
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CITY OF COLUMBIA HEIGHTS
PRO FORMA INFORMATION
FOR A THIRD LIQUOR STORE
FACTORS USED
Total sales
AMOUNT
Cost of goods sold
Sq ft needed
Rent per sq ft
CAM per sq ft
R.E. Tax per sq ft
Regular employees
Store manager
Store supervisor
Store supervisor
Part time employees
Office clerk
Retail clerks
Total salaries
Capital outlay
POS equipment
Shopping carts, etc.
Carpet/interior
Signage
Cooler
Shelving, etc.
Total cap outlay
Annual depreciation
HOURS PER WK
40
40
20
10
156
LIFE IN YEARS
7
7
10
10
15
20
2,000,000.00
1,646,090.00
10,000.00
3.65
0.45
1.75
35,216
22,524
11,262
4,082
83,679
136,763
30,000
10,000
30,000
20,000
125,000
25,000
240,000
20,298
CITY OF COLUMBIA HEIGHTS
PRO FORMA INCOME STATEMENT
FOR A THIRD LIQUOR STORE
INCOME STATEMENT
Operating revenue
Charges for sales
Liquor
Beer
Wine
Other
Total operating revenue
Operating expenses
Cost of goods sold
Operating expense
Depreciation
Total operating expenses
Operating income
NEW STORE STORE 1
1st FULL VEAR 1991 ,, " .. •:
t •. =i: ...
1'646 090· '., t ,. 280,800
. 20.298 '1,947,187
5�,813
1,136,016
1,769,728
352,870
519,682
3,nS,296
3,109,706
346,104
25,108
3,480,918
297,378
STORE 3
1991
236,324
603,823
56,801
114,099
1,011,047
800,475
105,314
7,917
913,706
97,341
,, 1, ii !•
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r L'."TER."\'AL DOCCME'\"T FOR STAFF REVIEW O�"LY PREPARED 30-Scp--;2
1 CITY OF COLUMBIA HEIGHTS
. " .
I ,I ,.
PRO FORMA INFORMATION
FOR A THIRD LIQUOR STORE
FACTORS USED AMOUNT
Total sales
Cost of goods sold
Sq ft needed
Rent per sq ft
CAM per sq ft
R.E. Tax per sq ft
Regular employees
Store manager
Store supervisor
Store supervisor
Part time employees
Office clerk
Retail clerks
Total salaries
Capital outlay
POS equipment
Shopping carts, etc.
Carpet/interior
Signage
Cooler
Shelving, etc.
Total cap outlay
Annual depreciation
[\(:�,900.000.00
1,6 46,090.00
HOURS PER WK
40
40
20
10,000.00
3.65
0.45
0.00
35,216
22,524
11,262
10 4,082 '156 ;63.679
LIFE IN YEARS
7
7
10
10
15
20
136,763
30,000
10,000
30,000
20,000
125,000
25,000
240,000
20,298
CITY OF COLUMBIA HEIGHTS
PRO FORMA INCOME STATEMENT
INCOME STATEMENT
Operating revenue
Charges for sales
Liquor
Beer
.Wine
Other
Total operating revenue
Operating expenses
Cost of goods sold
Operating expense
Depreciation
FOR A THIRD LIQUOR STORE
t' "N'EW STORE
'i1 st FULL YEAR STORE 1
1991
1,136,016
1,769,728
.352,870
519,682
3,778,296
3,109,706
346,104
25,108
Total operating expenses 3,480,918
Operating income 297,378
STORE 3
1991
236,324
603,823
56,801
114,099
1,011,047
800,475
105,314
7,917
913,706
97,341
c: �-)c 11-1.
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
Fm-1:
Mayor Donald Murzyn
David P. Mawhorter, Chief of Police �
SUBJECT: Security Operations at City Liquor Stores
August 24, 1992 DATE:
As requested by Council at its meeting of August 10, 1992, I am submitting the following information regarding security operations at the City's liquor store on Central Avenue and the proposed liquor store by Apache Mall. The following outlines different options I feel are available to the City for securi t�· operations, each option's cost and some pluses and minuses of each option.
1.Employing full time officers at overtime rates from 8:00 P,M. Monday throughThursday.
Costs Top Valu
2 hrs. Overtime rate $55.46
F.I.C.A., PERA, etc.$6.66
Daih· Total $62.12
\.\eekly Total $248.48
Yearly Total $12,920.96
Proposed Store
$55.46
$6.66
$62.12
$248.48
$12,920.96
Combined Total
$124.24
$496.96
$25,841.92
Securitv: This is clearly the best option. Licensed officers have full arrest authority and can handle most any situation that may come up.
Citizen Comfort: This is also the best option. Citizens who see an anned officer will feel safer than if they see an 1.D'larmed commlmity service officer.
Deplovment: This option is also the best. Unlike our current practice where the CSO mainly stays in her car, an anned police officer should and would be out of the vehicle patrolling the parking lot area and in the store for problems. This would represent a step up in our service provided.
Cost: The greatest negative is that of costs. Using full time officers at overtime rates is a very costly way to provide security services.
Scheduling: Another negative with this option would be trying to schedule
officers for this dut�·. Officers ma�-vohmteer for this at first, but I suspect
that they wouldn't do this very long. The result would be that the department would end up haying to order officers in to perform this dut�-. This could cause some needless management/labor problems.
Ma�·or Donald Murzyn Page 2 August 24, 1992
2.Using corranunity service officers at both liquor stores from 8:00 P,M. to 10:00P.M. Monday through Thursday:
Costs To2 Value
Wage, 2 hours $23.40
F. I. C. A. , PERA, etc.$2.49
Daily Total $25.89
Weekly Total $414.24
Yearly Total $4,970.88
Issues
Prooosed Store
$23.40
$2.49
$25.89
$414.24
$4,970.88
Combined Total
$51.78
$828.48
$9,941.76
Securi tv: This option is not nearly as good as using full time officers. Community service off ice rs do not have arrest authority and can onl)· issue summons in relatively fe"· situations. Because they are unarmed and not trained in police tactics, they aren't capable or encouraged to get involved in arrest or other potentially dangerous situations.
Citizen Comfort: There is a heightened sense of security when CSO's are present ,.:hen compared to no security on duty at all. This may be a false sense of security though, because if something other than minor traffic were to happen, the CSO would not be authorized to get involved.
Deplo�'T!lent: Because of the limited authority the CSO has, they are not encouraged to foot patrol parking areas and the inside of the liquor store.
Cost: This option would be among the most economical. Certainly, it is cheaper than using full time officers.
Scheduling: We currently have one CSO scheduled at Top Valu. Our other CSO now works generally twenty hours a week. In order to use him at the new liquor store, we would have to increase his hours and reschedule his work week to allow this new duty. It would cost more, but we are not in a position to cut his current task load so as to allow him time for this new task.
3.Using part time police officers: The City could consider the use of pa.rt timepolice officers to perfonn security at both stores.
Costs
Est. part time wage @ $10/hour
Daily Total
Weekl:'\· Total
Yearly Total
Top Valu
$20.00
$80.00
$4,160.00
Proposed Store Combined Total
$20.00
$80.00
$4,160.00
$40.00
$160.00
$8,320.00
Mayor Donald Murzyn Page 3 August 24, 1992
Issues
Securi tv: This option offers the same benefits that employing full time officers at overtime rates does. Pa.rt ti.me officers and/or full time officers working part time have full arrest authority while on duty for the City.
Citizen Comfort: Again, a fully l.mifonned and anned part time officer would be perceived no differently by the public than a regular full time officer. Thus, the comfort level would be just as high using part time officers as full time officers.
Deployment: Deployment could, on occasion, be a problem. I don't think it would be as difficult a problem as getting full ti.me officers to work, though.
Costs: Using part time off ice rs would probably be the cheapest al terati ve. Metro area wage scales for part time officers vary largely. Generally, they are paid between $9 and $15 per hour. They generally are not paid any benefits, so long as they work a total of less than fourteen hours a week. They are also not eligible to join the union if they work less than fourteen hours a week.
Start up: The most difficult problem to deal with when using part time officers is the start up training. In order to be armed, as they need to be, they have to go through some extensive training. This could be done but it would take some time.
Other: The final issue regarding the use of part time officers is that there are some negative feelings among the officers regarding the use of part timers. It is clearly a management prerogative to use or not use them, but the selling job necessary to get officer acceptance is just beginning. I do anticipate using part time officers in the future, though. They are a good resource to respond to the common overload of calls we get during the summer months.
Program Evaluation
I feel the best way to evaluate any of these options is to review documentation made by the person doing the job regarding the level and type of activity they get involved in. Also, evaluation of complaints regarding security and safety in and around the store would be beneficial to see if new or different services need to be provided.
Dlli:mld 92-296
cc: Stuart Anderson, City Manager
:\1a� or
Donald J. Mur1:-n. Jr.
Councilmemhtn
Sc:,in 1. Ckrkin
Bru.-e G. l\a\\ ros·ki
G;ir:-L. Pi:.-1rr,on
R,,t-,en \\'. Ruct1imann
Cit� :\1ana11l'r
Stu�n \\'. And�r,on
CITY OF COLU�1BIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878 (612)782-2800
Shelly Lausche Gayle Stanley Chester Shat tuck James Kelzenberg Virginia Timbeross
Virginia Timbeross 4431 Jefferson Street N.E. Columbia Heights, MN 554:!l
Dear Ms. Timbeross:
Novem�r 2, 1992
City records indicate that you were in attendance at the City Council Meeting on August 10, 199.2, when the City Council discussed tbe possibility of expanding the liquor operation in the area of 37th Avenue and Stinson Boulevard. At that meeting, the Council directed s taff to "take steps necessary to open a third municipal liquor store".
Because of your prior interest, you may wish to know that at the Regular City Council Meeting of November 9, 1992, at 7:00 PM, the agenda will include a proposed lease for an additional liquor store. If you have questions, please feel free to contact me.
Thank you for your interest in City government.
SWA:bj
92/168
cc: Mayor and City Council City Manager's File
r»,,ely,J ck£
��lt:ierson � City Manager
s===, := 1s :_;: = ... s ·���� E:;_,t.._ o�;::·= ... ..;�..: �,· e,/=_: � ::�.
AGENDA SECTION: NEW BUSINESS NO. 9
ITEM: TREE PLANTING PROGRAM NO. C,.J.
CITY COUNCIL LETTER
Meeting of: 11/9/92
ORIGINATING DEPARTMENT: PUBLIC WORKS
BY: M.Winson t(f,A) DATE: 11/9/92
CITY
����v DATE: . -\t
The City entered into a contract with Fair's Garden Center, Inc. this last spring for supplying and planting trees to replace trees removed due to Dutch Elm Disease. The contract stipulated a completion date of November 16, 1992.
The Contractor was ready to proceed but the recent heavy snow has prevented the work from being done. Staff is concerned that even if the snow melts, the soil will be very wet right up to freeze up and that the equipment used to plant trees will cause damage especially when planting trees in the park.
Staff has contacted the Contractor who has agreed to extend the contract and maintain his current bid prices to next spring. If this is acceptable to the Council, we will prepare an amendment to the contract such as was done last year when the same situation occurred.
RECOMMENDED MOTION: Move to authorize a change order with Fair's Garden Center, Inc. of Maple Grove, Minnesota, extending the completion date for the 1992 Tree Replanting contract to May 14, 1993; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same.
MAW: jb 92-
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: STUART W. ANDERSON, CITY MANAGER
SUBJECT: MANAGER'S REPORT
DATE: NOVEMBER 6, 1992
1)OPER ATIONAL REPORTS FOR OCTOBER--
ID. 11.
Attached are operational reports from various Division Heads indicating the significant items undertaken
or accomplished for the month of October. I trust you will find the reports to be informational and
beneficial with regard to major undertakings occurring within the divisions in this past reporting period.
2)COMMUNITY SERVICE WORKER HOURS--
During the month of October, staff utilized the hours of community service workers as indicated below:
Administration/City Hall . . . . 31:05 hours -Anoka/Hennepin/Ramsey
Library . . . . . . . . . . . . . . . . . --:--hours -Fare Share
Fire /Public Works . . . . . . . . . 12:00 hours -Anoka/Hennepin/Ramsey
. . . . . . . . . . . . . . . . . . . 43:05 hours -Total
3)SHARED RIDE RECAP--
See attached Shared Ride Expansion and Origination -Destination reports for the month of September,
1992.
4)NORTH METRO MAYORS--
We discussed the conflict with the Met Councils' annual meeting and the North Metro Mayors special
presentation on the night of November 18, 1992. North Metro cannot change their date because of the
speaker's schedule.
5)OPEN MIKE--
At the last meeting, a resident mentioned that no address numbers were on City Hall. Apparently, they
were painted over when the outside tiim was done. Numbers now appear on the Fire, Police, and City Hall.
A comment was also made about emergency vehicles at 40th and Mill Street. The Fire Chief and the Public
Works Director are reviewing options and will report back to me.
6)PEDESTRIAN SIGNAL ON lilGHWAY 47 AT 51ST AVENUE--
At the request of Fridley, MN/DOT held a public hearing on the removal of this signal. Attached please
find Mark Winson's report on the meeting.
7)4207 CENTRAL--
No action has been taken on this condemnation order. The building is unoccupied, but the water service
has not been discontinued nor has a demolition permit been issued. I will keep you advised.
MANAGER'S REPORT
Page 2
November 6, 1992
8)CITY HALL/COURT SIGNS--
Several months ago, MN/DOT ordered us to remove the signs on Highway 47 and on Highway 65 giving
direction to City Hall and Anoka Court. I appealed that order, but did not prevail. MN/DOT's letter is
attached.
9)ALLEY WATER AT 3704 TYLER STREET--
Please see Mark Winson's report which is attached on how we will respond to the complaint of alley water.
If you want additional information, please contact Mark or me.
10)•ROUND UP" OF UTILITY BILL--
The Council requested information on Roseville's Round Up Program. The attached copy of their double
sided flyer and sign up form explains the program. Their program begins in January, 1993, so the results
are still unknown.
SWA:bj
92/165
Attachments
CITY OF COLUMBIA HEIGHTS
TO: STUART W. ANDERSON CITY MANAGER
FROM: MARK A. WINSON /1'/N PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: OPERATIONAL.REPORT OCTOBER 1992
DATE: November 3, 1992
SIGNIFICANT ACCOMPLISHMENTS General
*Responded to 68 Gopher State One-Call requests.
Street
*Trimmed brush, trees, chipped and hauled to burn site.*General patching City-wide, including cleanup around areaswhere miscellaneous concrete installed.*Assisted City of St. Anthony on some paving work.*Cleaned basins City-wide three (3) times.*Bunched leaves, swept City-wide 2 1/2 times before snowfall.*Assisted at Library.*Installed sanders on trucks and prepared equipment for winter.*Had crew meeting on winter operations.*Assisted in painting all plows.*Marked locations for Fall Tree Replanting DED Program.
Sewer & Water
*Secured sprinkler systems for winter.*Repaired broken watermain at 4156 Jackson St. (used st.Anthony drill).*Repaired plumbing at various City buildings.*Assisted in cleanup work at McKenna pool.*Checked hydrants for winter.*Repaired damaged hydrants (3).*Cleaned and rodded sanitary sewer lines (3,025 L.F.).*Repaired broken storm sewer basin leads at 42nd and 4th St.and Heights Dr. and Upland Crest.*Installed new catch basin by Recycling Center in MSC yard.*Shut down and secured fountains for winter.� Level and copper water tests (2nd phase).*Vactor cleaned sanitary line (10") on Central Ave east side49th & 50th).
Operational Report-October November 3, 1992 Page 2
*Worked on pump station controls and alarms and lift stationcorrected. All okay.*Performed weekly maintenance to lift and pump stations.Cleaned all lift station wet wells with the vactor.*Repaired gate valve boxes (5).*Shut off 15 delinquent water users.*Removed banners from Business District, Central Ave.*Checked known sanitary trouble spots.*Located stop boxes, sewers for Fall Tree Planting DED Program.
Parks
*Emptied trash City-wide.*Prepared and sodded new hill at Huset rink and along field #3Huset Park.*Cleaned up work from pool repairs at McKenna Park.*Performed maintenance and repairs to pathway lights.*Trimmed weeds, brush, grass City-wide.*Performed weekly maintenance to Administrative grounds.*Picked up snow fence, etc. from Castle Heights project.*Secured beach area at Silver Lake and removed volleyballcourt.*Repaired vandalism to warminghouses and sod damage to bank bySilver Lake Beach.*Performed field maintenance and lining for soccer andfootball.*Removed fence from Huset east tennis courts.*Repaired park benches.*Replaced some fence at MSC yard by Recycling Center.*Assisted other departments and Administration.*Prepared equipment for winter operation.*Sprayed weeds.*Dragged ball fields.*Performed maintenance and repairs to all playground equipment.*Repaired some embankments by bridge at Sullivan Lake.*Performed general cleanup of all ponds, including LaBelle.*Removed soccer goals for the season.*Boarded up vacant house at 3723 Jackson St.*Mike Har performed 30 hours of community service.
Engineering
*Continued work on several projects as follows:1.Miscellaneous concrete repair locations.2.Chatham Road Lift Station.3.1992 M.S.A.S. overlay projects.
Operational Report-October November 3, 1992 Page 3
4.Park buildings accessibility improvement plans andspecifications, bid opening and award.5.Municipal Service Center Storage Yard lighting bidopening and award.6.Hazardous sidewalk survey.7.Stinson-Argonne outfall drainage area.8.Curb and gutter in 1993 sealcoat area.9.University Ave. Service Road for possible overlay/reconstruction. 10.Silver Lake Beach parking lot for possible reconstruction. 11.Miscellaneous as-builts.12.Traffic gap study for pedestrian signal on Stinson Blvd.between 38th and 39th Ave.*Continued working with MSA on Silver Lake Lift Station.*Continued working with BRW on Surface Water Management Plan.
Construction Status
*
*
*
*
Projec;::t: #912Q, .:. Hu.set Ice Skating Rink Retaining wall -100% complete Earth work -90% complete Landscaping -0% complete Bridge -0% complete Benches -0% complete Barbecue area -0% complete Project: Chatham Road Lift Station Construction -95% complete ProjefG:t: Silver Lake Lift St.atidn Construction -10% complete Pr®j�ct: M.S.A.S,. @verlay Construction -90% complete
MAW: jb 92-629
CITY OF COLUMBIA HEIGHTS -RECREATION DEPARTMENT
TO: STUART ANDERSON, CITY MANAGER
FROM: �-MARK S. CASEY, DIRECTOR OF RECREATION
SUBJECT: OPERATIONAL REPORT, SEPTEMBER 1 THROUGH SEPTEMBER 30, 1992
DATE: NOVEMBER 2, 1992
A.Administration
1.On 10-31-92 (Halloween) the Recreation Department and H.B. Fuller MonarchDivision in Columbia Heights sponsored a Halloween party for all children 3rd grade and under. Approximately two hundred (200) children showed up with each getting a bag loaded with candy and prizes.
2.I accepted the position of Chair for the 1993 Bootstrap Days that willalso include an Art Fair.
B.Recreation
1.Two (2) of our five Tackle Football teams are playing for the leaguechampionships.
2. This year the House League Basketball program for boys and girls grade 3through Five (5) has been split into two seasons with the girls in thefall and the boys in the winter. With registrations still coming in, the girls program has over fifty (50) participants compared to the twenty-two(22)that signed up last year.
3.Traveling Basketball tryouts have been completed and we are under wayforming teams of those who did not make the cut.
4.Fall Traveling Soccer, Mighty Mites Soccer, Flag Football and the newAdult Fall Softball programs have concluded.
5.Gymnastics, Women's Volleyball, 3 Man Basketball, Men's Activity Night,Co-Rec Volleyball and "Open Sundays" programs have just begun. C.Seniors
1.One hundred seventy (170) October 1 at Murzyn Hall. Seniors attended an evening of free bingo on This was sponsored by the H.B. Fuller Company.
2.Two day trips to Winona were held on October 8 and 9. Eighty-five (85)seniors participated in this Polish Heritage ·Tour.
3.The Senior Coordinator presented a report to the School Board on October13. Highlights of the last three months were reviewed.
4.The Senior Coordinator met with Barb Whiting, Highland Elementary Principal and four (4) seniors regarding a new program introducing seniorvolunteers into the classrooms. This will be an ongoing project.
5.The Senior Coordinator assisted in presenting the workshop "The Citizen asa Customer" on October 13.
6.Thirty-five (35) seniors attended a Defensive Driving class on October 22and 23.
7.A Halloween trip was held on October 29 with forty (40) seniors attending.The highlight of the day was a hayride in the country.
8.Sixty (60) seniors attended a Halloween party in the senior center onOctober 30.
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OPERATION REPORT NOVEMBER 2, 1992 PAGE TWO
D.Volunteer Program
1.The volunteer program currently has eighteen (18) city volunteers, two (2)interns and the involvement of five (5) Anoka County master gardeners.These volunteers have contributed approximately one hundred thirty-eight(138)hours of volunteer hours during the past month.
2.The Columbia Heights Beautification Project is in the process ofdetermining chairpersons for each project. This group meets twice amonth. One meeting is a work group meeting involving the citizens of thecommunity, the second meeting includes the master gardeners.
3.The Volunteer Coordinator attended the International Conference onVolunteer Administration October 28, 29, 30 and 31. This conference wasvery informative and encouraging. I had an opportunity to meet with otherVolunteer Coordinators of city government from three other states. I alsohad the opportunity to discuss community policing with the VolunteerCoordinator of a community policing project.
E.John P. Murzyn Hall
1.In 1992, 47 out of 52 Fridays and 50 out of 52 Saturdays are booked.
2.In 1993, 19 out of 52 Fridays and 48 out of 52 Saturdays are booked.
TO:
FRCT1:
COLUMBIA HEIGHTS POLICE DEPARTMENT
Mayor and Ci t;v Council Members
Chief David Mawhorter
SUBJECT: Operational Report, October, 1992 �
November 2, 1992 DATE:
I.Events/Accomplishments
A.Officer Patrick Nelson is almost through his Field Officer Trainingprogram. He is progressing well and should be on the street on his ownby the end of the month.
B.Officer Ted Fischer, the person hired as part of our community policinggrant, began his employment on October 30, 1992. He attended 8 hoursof firearms and self-defense training, then went to Anoka County night
shooting qualification. He formally starts his Field Training program
Monday, November 2, 1992.
C.Halloween was relatively quiet for the department. We had extra
Reserves at Castle Heights playground because of rumors of kids
starting it on fire. Nothing occurred, though.
II.Projects/Goals
A.As part of my continuous commitment to bringing comnn.mi ty oriented
policing to Columbia Heights, I have formed a Police Chief's Forum. The Forum is made up of 18 members from various interest areas in the
city. The purpose of the Forum is to meet with and advise the PoliceChief on issues concerning police and citizen partnership and the
implementation of policy and community oriented policing. The Forumwill begin meeting in December.
III.Issues/Problems
DPM:mld92-362
A.I have checked with the probation officer for Mr.William Green. He has had no violations.
80l S=l'.:;I\J::l.:L:jO ! S·S'VlC)
LOE! -1VlOl.
II SSVl�) ONV I ·ssv1� S3SN3.:l.:IO G·6·6� �380180·
CALLS FOR 'SERVICE OCTOBER -1992
,L��·-J I tv1AL CAL LE: 68
PUBLIC ASSiSTE; 64
TOTAL -9·10
OTHER ·ie1
2'.3
1 RAF f= I C F; EL fa.TE [1
·140
DOMESTICS 60
VEHICLE LOC!<OUT23 61
__,,. �-11EDICAL8 66
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�/. �� ; '1 I • €° f�COLUMBIA HEIGHTS FIRE DEPARTMENT :y ..-� :. ' • ·.'. � � I I C f � �; t �. � �.
TO: STUART ANDERSON. CITY MANAGER
FROM: CHARLES KEWATT, FIRE CHIEF
SUBJECT: OPERATION REPORT
DATE: NOVEMBER 2. 1992
OPERATION REPORT October 1992
A.Significant Accomplishments
1.Emergency Medical Calls -114 total calls
2.Fire or Good Intent Calls -...2A_ total calls
3.Classification of AlarmsStill Alarms -124 Company Alarms -4 General Alarms -10
4.Total Calls for the Month of
5.Other
October -138
535 Station-Duty hours by paid-on-call personnel267 Hours Training (all personnel)
B.Status of Department Goals
1.Keith Flermoen is heading up the Fire Prevention PosterContest project in the elementary schools. Posters havebeen collected from 4th and 5th graders and are in theprocess of being judged.
C.Issues or Problems
1.Chief Kewatt and the Civil Service Commission havestarted the process of creating an eligibility list forthe position of Full-Time Firefighter.
(-;--,,. / ��0U � %' ·---/1� /)-6( .. -1J2( .. ,{/ li CWK:cf 92-134
·, !
CITY OF COLUMBIA HEIGHTS
DATE:NOVEMBER 2, 1992
TO:STUART ANDERSON
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FROM:
CITY MANAGER
�
{V
WILLIAM ELRITE �
FINANCE DIRECTOR
RE:OPERATIONAL REPORT
OCTOBER 1992
DEPARTMENTAL GOALS:
1992 AUDIT
At the October 26th Council Meeting, the City Council approved entering into an
agreement with Deloitte & Touche for auditing services for the next three years. Deloitte
& Touche have been contacted and the meeting is scheduled for 2:00 p.m. on Thursday,
November 5th to review the City's financial records and prepare an audit plan. At this
meeting, we will also be discussing the services that their firm provides, such as the detail
included in the management letter and ongoing support during the year.
1993 BUDGET CALENDAR
Staff is working on preparing presentation materials for the public budget hearing on
December 10th. We have not yet received final information from the County related to
the effect of the City's levy on individual property taxes. It is anticipated that it will be
received this week.
LIQUOR OPERATIONS
A final draft of the lease for a third liquor store at 37th and Stinson is almost complete.
This item will be on the November 9th Council agenda.
Operational Report
November 2, 1992
Page Two
ISSUES AND PROBLEMS:
ELECTION
In preparation for the election, Anoka County had significant difficulties in getting ballots
printed. The electronic scanners used for counting the ballots are very precise and require
that the ballots be printed very accurately and cut exactly. If this does not happen, the
scanning equipment will not read the ballots. As this is the first election that an 18-inch
long ballot was used, there have been more problems in counting than prior elections
when a 12-inch ballot was used. The bid for printing all ballots in Anoka County was
awarded to the low bidder, and it was a local Anoka County printer. Because the printer
operates a small print shop with other printing requireJl)ents, a significant amount of the
printing and cutting of ballots was jobbed out to other printers. Due to the problems with
ballots, there was a significant increase in the amount of staff time spent on the election.
This was necessary because ballots had to be tested and retested to ensure that they would
operate successfully during the election. In addition to this, because of the delays, the
final ballots were not delivered to the City of Columbia Heights until Tuesday morning.
In Columbia Heights, all of the ballots were read successfully and the election went very
smoothly; however, in some other cities the ballots could not be read by the electronic
scanners and hand counting was necessary. It is anticipated that the County will be
exploring other alternatives for printing ballots in the future to eliminate this problem.
HRA COMPUTER SYSTEM
In the last month, June Johnston, the Assistant Finance Director, has spent a significant
amount of time working with the HRA computer system. The end result of this work has
been fairly successful. HRA will be running all of their financial information on their in
house computer starting November 1st. The system will be run parallel with the outside
accounting service for the months of November and December. If all goes well, HRA
should be able to drop the outside accounting services as of the first of the year.
WE:dn
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820 · 40111 AVENUE: 1\1. E. '(IJ) i j COLUMBIA HEIGHTS �. · ,;;' ;.;..., :l, .... UBLIC· LIBRARY PHONE: (612) 7b2-21:105 � �-':�d,-1 } r-, FAX· (6·12) 7b:!-21:lll•l
COLIJMBil\ HEIGHTS, MN 5'.i-l:.'1-2996
-----'�---���."""-"-·. --------------------------
CITY OF COLUMBIA HEIGHTS
TO: Stuart W. Anderson, City Manager (lli�(g�OW�[ID
FROM: M.Rebecca Loader. Library Director wJ
October. 1992, operational report
October 30, 1992
NOV 2 1992
SUBJECT: MANAGER
CITY OF COLUMBIA HEIGHTS DATE:
I.Significant AccomplishmentsA, The Board met on 10/6 with all members present. The annual pot-luck dinner
was held immediately after the business meeting. B.The Friends met on 10/5 with seven members present.C.35 senior citizens attended filmtime on 10/14.D.Redeemer Lutheran Pre-school came to the library on 10/12 with 36 children fora special field trip.
E.Headstart came to the library on 10/19 with 38 children for a special field trip.
F.Eight sessions of pre-school storytime were held in October with a total of188 participating.
G.Eight sessions of .Tiny Tots storytime were held in October with a total of
211 participating.
II.Departmental GoalsA.Two new lobby chairs were recieved 10/2 as a gift from the Friends.
B.On 10/8 Becky attended a Total Quality Management conference in Minneapolis·.
C.On 10/8 Jeanine and Kelly attended the fall Municipals banquet.D.On 10/13 the last session of "The Citizen as Customer" was held. 107 employees
attended the six sessions of the class.E.On 10/13 the Friends decorated the children's department with a fall theme.F.On 10/15 Katie and Molly Mcclanahan participated in an in-service experienceat the library during MEA. Both girls got to participate in storytime, interlibrary delivery, mending, and computer use.G.Statewide sampling week was October 19-24. During the week libraries collectedstatistics to be used in the 1992 annual report. 2,307 people came into thebuilding and 451 items were used in-house.H.On 10/22 the library staff got to judge the fire poster contest again.
III.Issues and Problems
A.On 10/9 the air conditioning unit over the East Room turned on. Minnegascoresponded quickly and corrected the problem.
B.On 10/11 the janitor discovered the cash drawer unlocked. No cash was missing.C.On 10/12 the library was contacted by a local video store that a section ofthe 1961 Jamboree Parade on 16unn film had fallen into their possession. Itwas ours if we wanted it. This film is now ours and Becky is going to have it
transferred to videotape for preservation purposes. In the future she willbe looking for long-time residents to view it to see if the people pictured
in it can be identified. The footage includes a police cruiser. a fire truck,an emergency vehicle, and the high school band.
@
recycled pdper
On Thursday, October 8, 1992, I had the opportunity to attend the Munici-Pals fall
banquet. There was a short business meeting, dinner, enttertainment, and a speaker.
The theme for the evening was "The Old and New". In keeping with the theme, the guest
speaker, Karen Ray; presented a short program on change; She pointed out that chahge
takes many forms. She gave three examples of these forms and then outlined ten
strategies for dealing with change. She is the President of Karen Ray Associates, a
consulting firm which specializes in training and organization development for non-profit
agencies. She focuses her work on collabaration, team-building and leadership. She
was an excellent speaker, witrh several fresh and interesting approaches to the area of
dealing with changes on the job. I appreciate the opportunity to attend this function.
�-�c;iJJ�
I had the chance to attend the Munici-Pals banquet on October 8, 1992, at the
Northland Inn, hosted by the City of Robbinsdale. It was a good opportunity
to meet with people from neighboring communities. After a brief meeting,
dinner, and entertainment by the Satin Dolls, Karen Ray, our speaker for the
evening, presented a program on change. She pointed out that change, in any
work p]ace is constant, and that change intended to help or improve your work
load may actually end up causing you more work. You need to be aware of change
and approach it with a positive attitude to be more successful at adapting to
it. I enjoyed the evening and I look forward to attending another Munici-Pal
banquet in the future.
/::!dt?� Cll!xn-
on October 8, I attended the conference, "Quality in the Public Sector--Beyortd the Theory," as part of a team of administrators from the City. In this manner
we were able to have representatives at nearly all the sessions. Total Quality Management is a concept for encouraging positive change and the incorporation of new ideas into the organization to improve service and.image to the public.
A follow-up meeting was held afterwards to let the group discuss how TQM could
apply to the City and results it could have. The conference was a concentrated introducti on to TQM and provided many ideas for consideration.
fr\_.� �
City of Columbia Heights Shared Ride Expansion January 1, 1992 -December 31, 1992
I Ridership !Ticket Sales jC11sh Fare I I Expenses I I Share 1----------------------1------IPrior 1-----------------------ITicket 1 ----------1 l----------------------------------------1 Total 1 -----------1-----------
Honth !Elder Child H11ndi Reg.I Tot11llYear I Diff.lElder Child Handi Reg. I Sales I s ITr11nsfersl Asst. Seer. Contract Other I Expenses I Local 40% I RlKlX---------·---------------------------------------------------------------------------------------------------1--------------------------------------------------------------------------
January 1872 205 305 593 2975 2836 I 4.90ZI 755
I I
February 1995 176 235 500 2906 2332 124.61%1 515
I I
Harch 2211 246 277 430 3164 2840 111.41%1 635
I I
April 2044 278 293 448 3063 2244 136.50%1 1240
I I
Hay 1991 155 280 466 2892 2743 I 5.43%1 735
I I
June 1943 144 318 373 2778 2289 121.36%1 960
I I
July 1994 152 296 277 2719 2378 (14.34%1 880
I I
August 1851 147 235 270 2503 2442 I 2.50Zl 810
I I
Septelllber 1767 247 327 385 2726 2339 116.55%1 785
I I
October I I
I I
Nove•ber I I
I I
Dece•ber I I
TOTAL 117668 1750 2566 3742 125726 122443 114.63%1 7315
I I I I I
97 125 240 s1.2n S567.00
58 115 240 S928 S510.00
110 95 190 St ,030 S664.50
125 170 990 S2,525 S717.00
45 105 300 S1, 185 S675.00
70 125 330 S1,485 S444.00
75 135 250 S1,340 $474.00
65 75 250 S1 .200 $429.00
100 165 850 S1,900 $534.00
745 1110 3640 IS12,810 IS5,D14.50 I
I I I
115 I S302.3D S394.97 S10,901.75 S40.00 $11,639.02 $4,655.61 S6,983.41
I
75 I S127.32 S320.07 S10,759.05 SO.OD S11,206.44 S4,482.58 S6,723.86
135 S183.91 S333.09 S11,515.60 SO.OD S12,D32.60 S4,813.04 $7,219.56
100 S134.40 S282.76 S11,180.80 S354.94 S11,952.90 S4, 781.16 S7, 171. 74
105 S212.21 S307.02 $10,685.75 SO.OD $11,204.98 S4,481.99 $6,722.99
137 S325.38 S456.66 S10,373.15 S284.12 S11,439.31 $4,575.72 S6,863.59
77 S311.23 $279.99 $9,995.90 SO.OD 110,587.12 S4,234.85 $6,352.27
75 S410.26 S283.27 S9,315.70 S206.52 S10,215.75 S4,086.30 S6, 129.45
100 $311.23 S338.40 S10,393.30 $97.06 I 111,139.99 S4,456.00 S6,683.99
I
I
I
I
I
I
919 112,318.24 S2,996.23 S95,121.00 S982.64 IS101,418.11 fS40,567.24 IS60,850.87
I I I I
:,=.:•==csa11:1i::c:c::a:•=sa::::=..c..c..s.&-l:ltaC�-•--••••••••••·• .. ••·•••-••••••a•=-:c---a:s:a:m.1:as•·•-s:::::=c::-:::�a••-1U:-aa=::::==-=·=====••••-a·ttatta:wasa•a•••--•••••• .. ••••••••••lk•••••••••••E..a•cc.1:ca-a11t:•·::::;:.:::uacz.z:c:c·:.::
AVERAGE 1963 194 285 416 2858 2494 114.63XI 813
I I
83 123 404 S1,423
See attached for detailed breakdown by origination end destination
S557.17 102 S257.58 S332.91 S10,569.00 S109.18 $11,268.68 S4,507.47 S6,761.21
FIRST SIX
MONTHS, 1992 I JULY, 1992 I AUG, 1992 I SEPT, 1992
ORIGINATION -DESTINATION
I OCT, 1992 I NOV, 1992 I DEC, 1992
YEARLY
TOTAL
cc-=::.=a.111c...a�--=--=•=c.:ac•�•-ca11_••=lll:•• .. ••••••·••·•••·••• .. :••-•·•••·••--••sa:•a..1::..:cau::.=z:..ca•c=z==--c-:=·=-==:::-=-__:::�-:===c:::=s===•••ca:csssaa::..-u.azcat:aE;taaa11:.caaaa-••--•••.-a.a•••••••a•CE-:c..c.a:-:,:-::c-•=2:•e•·=ic:��s=:c·::rcce-c:=:.c.
Colu�bie Heights -Colu•bia Heights
Colu!Wbia Heights -Hilltop
Colullbie Heights/Hilltop -St. Anthony
Colulllbia Heights/Hilltop -Fridley
Columbia Heights/Hilltop -Northtown
Hilltop -Hilltop
Hilltop -Colullbia Heights
St. Anthony -Columbia Heights/Hilltop
Fridley -Fridley
Fridley -Colullbia Heights/Hilltop
Fridley -St. Anthony
Fridley -Northtown
St. Anthony -Fridley
Northtown -Colu•bia Heights/Hilltop
Northtown -Fridley
Northtown -St. Anthony
I TICKET
5358
601
883
1776
333
31
559
786
1860
1638
�6
326
72
367
719
8
TOTAL I 15393
GRAND TOTAL I 17778
CASH I TICKET CASH I TICKET
175 887 28 801
6 72 3 59
9 139 2 124
266 275 51 246
187 79 37 87
0 5 0 5
5 65 0 56
10 144 134
699 236 74 239
279 267 41 223
33 9 4 23
542 48 55 34
9 8 17
28 55 5 85
135 113 14 83
2 0
2385 2403 316 2217
2719 2503
CASH I TICKET CASH I TICKET CASH I TICKET CASH I TICKET CASH I TICKET CASH
36 863 22 7909 261
39 771 11
5 126 9 1272 25
30 271 50 2568 397
45 87 55 586 324
0 3 0 44 0
0 29 0 709 5
3 125 2 1189 16
70 272 89 2607 932
28 271 47 2399 395
5 22 2 130 44
38 62 48 408 683
0 15 97 11
7 81 9 507 49
18 102 21 ERR 1.88
0 2 0 12 2
286 2370 356 I 0 o I 0 0 0 O I 22383 3343
2726 0 0 0 25726
:cui=::a:c-e:t:'�cc-m:as:ccc:mm:::a:tt:C:C:c::•=:c-•.c.a-•11•·-=••-=•••••-•••r••:ass·a·••·••·aw.emac.-.a.a_ss.a,a:aa:..c:wcclll!s·e!lll..-et::s:Da:aacsmc:acm��c-saa:c:ci••111:::z:aa:11.a:a:aa:aa•ceaa••a11:1:a...-..ca.a.-c.aaaaaac••••••••.c•·•••==t•1t.••••c1:=�•1:•••c-,i:a.c.-c:=a:-11:<aaic.
CIT,.Y OF COLUMBIA HEIGHTS
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�O: STUART W. ANDERSON CITY MANAGER
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FROM: MARK A. WINSON (\\� PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: PEDESTRIAN SIGNAL UNIVERSITY AVE. AT 51ST AVE.
A neighborhood meeting on Mn/DOT's proposal to remove the pedestrian signal on University Avenue at 51st Avenue was held at 7 P.M .. November 5 in Murzyn Hall. It is my understanding that the meeting was at the request of a Fridley Council member who had received several calls regarding this removal.
The meeting was attended by three members of Mn/DOT' s Traffic Division, Scott Erickson, Fridley's Assistant Public Works Director, and myself.
Mn/DOT representatives explained that they intended to remove the signal as part of the signal upgrade program along University Avenue next year. They have done pedestrian counts at this location during peak traffic periods and estimate that on the average 12 people a day use this crossing. The Uniform Traffic Control Devices Manual's warrants for minimum pedestrian volume is 100 or more for each of any four hours.
The signal work will start next April and should be completed in August.
Two citizens attended the meeting. Both were Columbia Heights residents who had never used the crossing and attended out of curiosity.
The meeting was adjourned at 7:40 P.M.
MAW: jb 92-639
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Minnesota Department of Transportation
Metropolitan District
Transportation Building
St. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to 5801 Duluth St., Golden Valley, MN 55422
Telephone No. (6U) 591-4605
October 27, 1992
Mr. Stuart W. Anderson, City Manager City of Columbia Heights 590 40th Avenue N. E. Columbia Heights, Minnesota 55421-3878
Re: C. S. 0205 (T. H. 4 7), 0207 (T. H. 65) Sign Variance Request
Dear Mr. Anderson:
As you requested, Mn/DOT's Internal Sign Committee has reviewed the city's appeal to permit the installation of city hall and county court signing on T. H. 47 and T. H. 65. I regret to inform you that the committee has denied the appeal. It was the committee's opinion that the department's guidelines which do not permit such signing are appropriate and that there were no particular circumstances in this instance that would justify a variance. It was further noted that the guidelines have been applied throughout the metropolitan area and that there were no apparent reasons as to why a deviation from the metro area practice should be necessary at this location.
If you have any questions regarding the committee action or if you would like to discuss what measures other establishments have taken to inform their customers of their location, please call me at the above number.
Sincer leJ;, I: . 77/ �/;z:; ,.,--------�. S. KATZ, P. · / llivision Traffic .lo..J"'J�-r"
<�;, � 1990
An Equal Opportunity Employer
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CITY OF COLUMBIA HEIGHTS
J TO:STUART W. ANDERSON CITY MANAGER
FROM: MARK A. WINSON tv'\k-"J PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: ALLEY DRAINAGE -3704 TYLER & 961 37TH AVENUE
DATE: OCTOBER 26, 1992
At the Public Hearing on an alley improvement adjacent to the above referenced properties, Mrs. Gust (3704 Tyler St.) and Mrs. Morgan (961 37th Ave.) commented on storm water running across their yards from the alley.
I've met with Mrs. Gust to discuss her concerns. Upon review of the drainage patterns and the topography of the area, it would be difficult to entirely eliminate this problem, especially during heavy storm events. I did propose to Mrs. Gust that we could build up the existing asphalt curb along the east side of the alley and extend this asphalt berm 4' to 5' onto the parking area that Mrs. Gust uses. This would improve but not cure the problem. Mrs. Gust agreed that it would be a help and stated that she appreciated our concern.
I explained that this work would probably be done next spring due to the upcoming winter and our current work schedule. She was satisfied with this.
I did not speak with Mrs. Morgan as she was ill, but Mrs. Gust agreed to let he= know about our conversation.
MAW: jb 92-606
cc: Kathy Young Donald Jolly
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You can make a difference through Roseville's Round-Up for the Envirf rnt�!; �
"Of all man's works of art, a cathedral is greatest; OCT s c• 1SS2
a vast and majestic treelt_grealer than that.· ...... "(..,._, .. , • �-· ... • =-. Henry Ward Beecher _ =: . ·• · ... .Ctl-T C;r �-: .,-�.:.:-.. "!;·._\ .... Iv
Roseville's Round-Up for the Env,/ronm�![tJs a profom where each water user In the City, residents and businesses, can d -, C te funds f�envlronrnental protection through the Ctty's quarterly billing process. ·· �
How Round-Up works -»
The Idea Is simple: When particlpan J,�e pr1
--� .. -:,; ?"' their bill will be rounded off to the nextf:\ighest bill is $55.46, the Individual pays s�.Jie differ, dedicated to tree planting and ot§er c $--,•f-' simply make a..,QQ_e time donatioo.1
Whathappe The City hol other censer.
How Is the mat\ey us--? . •�-
�-� The money will be us· _ -
__
-���esevllle and improve . ·� . c_.tty's environment. It will be dispersed to mot . · ,1?ror tree planting programs. Th . \ · . oney may also be used to match local , · n§utions from garden clubs, service �anizations and businesses. Highest prio��ects wlll be_planting flowers, shnJbs ��_trees in Roseville's
:�=n�=��-orRound·Upfunds. The Parks and Recreation Commission will -�mend the projects to the Ctty Council and the Council will grant final approval. ' · · ·
Residents ore encouraged to submit possible beautification projects for Round-Upfunds to: Roseville Parks and Recreation Department 2800 Arona Street Roseville, MN 55113
Benefits to Rosevllle residents and businesses
Round-Up is a convenient way to donate money to a worthy cause -making the City of Roseville more beautiful. Small amounts donated by many Individuals on a quarterly basis add up to a large amount annually. It's also e� on the pocketbook. Businesses will find Round-Up a convenient way to make tax deductible contributions to a program that directly benefits them -they help make Roseville a more beautiful city for customers and clients to enjoy.
Has Round-Up been tried In other cttles?
Roseville Is the first city where this program has been tried. The Roseville City Council has chosen to pioneer this pilot program, which will be a model for other cities throughout the United States. The City received $7,000 from the U.S. Forest Service to start up the program.
How do I sign up?
The form below offers individuals the opportunity to sign up for Round-Up for the Envi
ronment. Complete the form below and mail It to: City of Roseville, Finance Department, 2660 Civic Center Drive, Roseville, MN 55113 For information about applying for Round-Up or questions about your utility bill, coll: Chris Miller, Finance Department, 49(}-2216.
For information about Round-Up projects, call: Bob Bierscheid, Parks and Recreatoin Department, 628-0088.
Ctty of Roseville Round-Up for the Environment Sign Up Form
Yes, I wish to participate in the City of Rese'(A.,,Round-Up Progra m and to contribute funds to provide for reforestation, habitat �elQPment and beautification of our community. if -I am authorizing the Ciiy of i<osevme to: (ii§p,s�
D Round-up my quarterly utility bill to th · e
D Add $ __ to my quarterlfl� · : . . · _
I furth_er u,nderstand �is progra.�¥lf·y�.-. . . ,'. ,::-GJnd I may cancel or change mycontribution at any time by calling�
Signature
-<-& Address_=_=l�r-------------Name --ir-Date
This voluntary contribution will be etrecHv• with the fltst quarte,ty bllllng tolowlng receipt or this cmd.
TO CITY COUNCIL NOVEMBER 9, 1992 *Signed Waiver Form Accompanied Ap plication
APPR OVED BY
POLICE DEPT.
BUILDING INSP.
ANOKA COUNTY, FIRE/BLDG. INSP. SAFETY & HEAL TH
FIRE INSPECTORS
II II
II II
II II
II II
II II
1992 LICENSE AGENDA
ON SALE BEER LICENSED AT
;'<1st Wok of Col.Hgts, Inc. 4757 Central Ave. N.E .
CONTRACTORS
*Preferred Mechanical Serv.712 W. 77¼ St., Richfield
RES TAURANT
;�1st Wok of Col.Hgts, Inc. 4757 Central Ave. N.[.
ONE/TWO UNIT RENTALS
Richard Schlicht 501 N.E. 40th Avenue Michel & Avis Bourne 508 N.E. 40th Avenue McNulty & Astleford 4600/02 Pierce Street McNulty & Astleford 4606/08 Pierce Street HcNulty & Astleford 4612/14 Pierce Street Richard Olin 5218 Washington Street
I I.
FEES
$162.50
40.00
62.50
15.00 15.00 30.00 30.00 30.00 15.00
BkC FINANCIAL SYSTEM
11/05/92 16:35=33
FUl·-.JD REC,�P:
FUND DESCRIPTION
101
2l2
;:�::)0
270
��f3()
401
402
404
601
602
603
609
701
880
881
883
t�E?.1��
88'.':',
GENERAL STATE AID MAINTENANCE PARA TRANSIT DARE PROJECT PROJECT PRIDE CAPITAL IMPROVEMENTS STATE AID CONSTRUCTION SENIOR HOUSING PROJECT WATER UTILITY SEWER UTILITY REFUSE FUND LIQUOR CENTRAL GARAGE PERMIT SURCHARGE CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW
TOT AL ALL Fl.Jl",IDS
B�1l··-I K RECAF' �
BF\MI-( MAME
BANK CHECKING ACCOU�T
TOTAL. ALI ... BAt-ll<S
Check. Histo1···)_;
DI!:>BURSEt'IEMTS
82,795.59
982.43
9,859.30
463.02
58.26
2::>, 368. 11
78�:,. 00
2,700.00
2,738.32
:l.,ll.8.7l
11.66
9!5, ��3·:7" 4£1
7, 6!;.,7 D 08
177.61.
2,915.78
298.45
40,968.50
162,647.99
434 , 78�s u 2�l
DI SBURSEt"IEt-lTS
4::�4, -;}9�:I a 2�1
4::-;4, 785. �::'.':',
BRC FINANCIAL SYSTEM
11/05/92 16�3 Check History
11/09/92 COUNCIL LIST
Bt:,l··-11< VE:HDDR
BANK CHECKING ACCOUNT
(.:·,r--,:=,:i::· ANOKA COUNTY MOTOR VEHIC r.il··-IDl<t, I...IOl·-.1�; CI...Uf:BELLBOY CORPORATION BFit,ATEl·,1/Gt-,f;;y· CHAMPLIN PARK GIRLS BSKB CONTINENTAL TOURS INC. DICK/1'1r�i:;:Itt C ENVIRONMENTAL SYSTEMS RE FF;:E:Y /Cr�l�:OL
GRIGGS-COOPER & CO HCJLl'1/l··-!OJ=;: IE HOf,1J(1h'.D ./BE::TTY JOHNSON BRDS. LIQUOR CO. ,JCll··IHSD!··-1 F"(:·,PEh: &: SI..Jf'f='L .. Y Cf<Eli.Jr� TT/CH(.:d?I...C:3 KUEl.HER DIST. CD. L(1RSDl--l/l?OYCE E MAWHORTER/DAVID P MIDWEST BUSINESS PRODUCT MINN CELLULAR ONE MINNESOTA UC FUND I"'! I �rn::1=::----�1.!EI Si•i(.:d··-1l··-1 �3 F·l··-IDr-;.:THE:Fii··-i r--, J FiNORTHERN STATES POWEROL.:::;01--I/I...EDl·,l(.1F;:D0�3·r i'"IOE/,JO EI...P(.:,i?TS F'l..U�;PETTY CASH -GARY BRA ATEPETTY CASH -KAREN MOELL..PETTY CASH··· ;J(.:il-�ICE tylCGHEPHILLIPS & SONS CO/ED1::,1:noF:: liJH-11::�QUALITY WINE & SPIRITSREINHOLDSON/EVELYNi::.:ou�:::/susr-,t-1ROSEVILLE YOUl� BSKTBLLUNIFORMS UNLIMITEDWILLIAMS/DOROTHYf-".iFbCl'IECOMMISSIONER OF REVENUEFIRST COMMUNITY CREDIT UGF'.EAT t.•JFST I... I FEI C::i"'lti m::T I ,=�1:::i•1D·-tT T1:::us1 4 �-''MINN STAlE RETIREMENT SY
NDRTHEASl. STATE BANK
CHE:�CI< l·,IUMl3EI�:
�:) <;• () :� �:I
:·) �;> () :_·) /;) ::) (") () 3 ·7390:.:i8
:::-;t:;·()�)r:;·
::; ,:;i O -�l 0
::; (/ 0 r.:1 1
:·5 ·-:; () t.l �� :::">c;-c,.:r:; ::"i':°?044
39045 39046 39047 39048
39049 39050 39051
39052
39053 39054 39055 39056 39057
39058
39059 39060
39061 39062
39063
39064 39065
39066
39067 39068 39069 39070
39071 39072 39073 39074
:::, cy, () �'I(;-, :.)'?()"?7 ::::"></078 ::-; ,:;, () -;;· ·:.;_:. ::19080
:.:� ·=;> () ::3 1 :::;(;-on�::
CITY OF COLUMBIA HEIGHTS
Gl...540R-V04.09 PAGE 1
?1MOUl'·IT
�::7;::" ()()
��f3�3,, {�.(i
:.::r.:; l.l • () 0 15,662.45
94 .. 67 100.00
1,896.00 200 .. 00 25,000.00 24.57
528.46 100.00
9.00 991 .. 67 133 .. 53 418.84
7 !I i!.l:��;i II ::•)()
:::00 • 00 :J. ::) f.J n f: !.:.:, i:� �=:. u �j ,·.;i
(::, :::-n �.',"/ 4,133.75 11,157.48
3,329.47 348 .. 49 7,673 .. 47
128.73 22.50
32.09 6�":'.. �:'. l .�)�_:.fl ::) :I. 46.89 14,283.84 543.69 1,135.99 24.00 200.00 100.00 l, :;::;::�) 11 f.,t:/
9 .. 00
:::; s:• �;I a /.; ::) 6,681 .. 20
2,099 .. 00
4,426 .. 96
4,483.10 880 .. 00
28,935.08
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BRC FINANCIAL.. SYSTEM 11/05/92 16�3 Check History 11/09/92 COUNCIL LIST
,_-::t,!··-11< •..,.•E1·,1nor-:�
BANK CHECKING ACCOUNT
TRAVEL AGENTS IN.TERNATIO ACE Ht1RDl1,lt1RE:. fil ... hDD I l·-1 F'DOi...S ALCO ENGINEERING CORP hl...L t-,UTO GL..t-f33 AMERICAN LINEN SUPPLY CO AMERICAN PUBLIC WORKS AS AMERICAN WATER WORKS ASS ANOKA COUNTY LIBRARY ANOKA TECHNICAL.. INSTITUT ASPEN MILLS, INC. AUTOMOTIVE PAINT SPECIAL B �;: f: f;Er-Yf CO',/EE: B f'.:1 I< E i::: f.� T t1 Y 1... c:n::: BAKER & TAYLOR CONT. SER Bt,TTEF('r' .� Tit=::E t.1Jt1F;:EHOI.J:::;E BEERS CONSTRUCTION BIT l..WI I f··-101. .. 1 :::1 i:;.: 0 t, D t.1.) t:1 '{ :::) !I I l··-1 C
BOY scou·rs OF AMERICA BRAUN ENGINEERING TESTIN BRIGHTON EXCAVATING E: i:;: 0 D t:1 i::: T l.-:1. .. ITTE:J::VJDF(TH L..ECitd... F'LJB!... If:; CENTRAi... AVENUE VACUUMS CITY OF COLUMBIA HEIGHTS CITY WIDE LOCKSMilHING CL..AREYS SAFETY EQUIPMENT COI...I...WIE!It1 HEIGHTi3 F�:i:i:::E CJ1 CONTINENTAL SAFETY EQUIP CROWN AQUATICS, INC CROWN FENCE & WIRE D C HEY CCWiP1'.!il'lY Dt-1L.CO DAVIES WATER EQUIP CO. D r-,t•.J 13 D l··-1 DECKER SUPPLY CO. DEL..EGARD TOOL CO. DE:MCO DIAGONAL DATA CORPORATIO DUN & BRADSTREET CORPORA Ft,CTf.:; OM FILE FIDELITY PRODUCTS CO FIRE DEPT SAFETY OFFICER FOCU::3 l··-IE:l!J::3P,-'.:\PEF;:�:; G(:1:•:1::: TI l"li::: GARELICK STEEi... CO GENERAL.. SAFETY EQUIPMENT
CHFCI< t,l1..Jl·1lf.-:Et:,:
::;r:,·:1.:::;�:': ::; ,:-; :I. :.:) ::) �Y?l:Y'-1 ::; ,:;-]. ::> �. 3'i':l.:::-6 :1 ��) 1 :1 �") ::·) t:J :I. ::; f� ::; -:;, :I. :.:> •:y ::;'7":1.40 :·::;9ii1-:1. ::;(_;;, :I. 4�':':
::; ·:"? :1. lJ, :_3 :::;-:? :t. t.1,q 39145 39:1.46 39l47 39148 39149 :::; f/ :I. �.\ () :39:L '5:1. 39:1.52 39:t.53 39154 39l55 39156 ::-;-:? 1 �j 7 :�<? :I. �:,r� :.::o?l'.'.',9 :)<? :1. t,() :1,:_;, 1. 6 :I. :.:)'?' :1.c")�·:: ::;-:; :l. 6::-; ;::;9:1.tA ::> '-,;· :I. {:) �=.=, 39166 39167 39:1.68 39169 39:t.70 39171 39:t.72 39173
39174 39175 39176 39177 ::>s.:i :I. "?E:
CITY OF COLUMBIA HEIGHTS
GL540R-V04.09 PAGE
(..·,MDU\··-IT
�:,S-.,[?. u ()() 8.17 47.72 50.58 79.88 94.50 15.09 72.00 �.) :l. 7' n ()'? 415.00 207.00 364.09 :t.47.60
:t. !I •-:;, :1. >"J
o (? �::i :tt.1 .. t44 l -�1(; • ::=;6265.00404.71
2.40 l,599.75 1,022.40 l4.00 43.88 15.92 55.00 5.33 47.93 267.:1.6
13.52l,696.95 9.02 34.65
C n� �.7L :l.87.56 0 n� u7L 33.60 53.29 29.04 995.00 83l.50 43.57 31..90 255.00 523.56 33:1..92 29.60 282.01
::·)
BkC FINANCIAi... SYSTEM :I. :I. ./ () �5 ./ s;· �·:: :1. t. � :::)Check History 11/09/92 COUNCIL LIST
F.-:(:,1·,J I< '•./E :·,ID Dr-;.:
BANK CHECKING ACCOUNT
GENUINE PARTS/NAPA AUTD C:iOL..DEl·,1 1�1C:iE CLUB GDODil·,1 CO. GOPHER STATE ONE-CALL IN GREATER ANOKA CNTY.HUMAN H.E. ERICKSON CO., INC. H .. l!J. ltJI 1...SCH·-1 CD. HACH CCWIPAl··fY HARPERS FERRY HISTORICAL HEALTH ONE TRANSPORT HEIGHTS ELECTRIC INC .. HEIGHTS-NORTHEAST WELDIN HENNEPIN COUNTY LIBRARY HENNEPIN COUNTY TREASURE I �--1 '.::;TY F" F: I l··-t T f.; ,Jt,X Ct,FE JORIMAN INC/DENNIS G .. I< Mt,F(l" 1.... t,.. Tl?t,DE:: LEAGUE OF MN CITIES INS 1...r:::E:F I-:F:D!:::. MAC QUEEN EQUIPMENT CO. Mt,:::;\'S co;:;_:r-:·. MCGRAW-HILL BOOK CO .. MENARDS CASHWAY LUMBER MIDWEST ASPHAL..T CO. 1·,1 I I)l,o.JE�n· I-:1.J:::; I 1·-11::s:3 F·i:::oDUCT l'1 I :0 l-�il:� '.:> T FU'!iJ) Ii�, T Cl F: i"'i J l··-lt,�i FUF-::O MINN ASPHALT PAVEMENT AS MINN CAREER INFORMATION MINN CELLULAR ONE MINN RURAL WATER ASSOC MINNEAPOLIS OXYGEN CO. t'I I 1·-.11·,tEGr-,sco 111 I l··-11'-iESOTA BI ... UEF·I:-: I l··-ITMINNESOTA ELEVATOR MINNESOTA SUBURBAN PUBI...I MOTOR PARTS SERVICE INC. l•ITJ DISTRIBUTil··-IG NAT IONAL SAFETY COUNCIL NORDIC TRUCK PARTS OLSON'S PLUMI-:ING PERSONNEi... DECISIONS INC F" I C:11··-IFEF: RI t'I 8-: ltJHEEL.. CO" i::·1._u1·-� l<ETT .. 13 �· I 1-�c F·OI,o.JE::F: UF'
CHEC I< �,(i__ll1 lf:E::F:
:2'>?:1.7'/ :::/,':I.BO :37• :1, f} :I. :1·-; :1. E:�� :::w:1.fi::-; S?l84 :�91B�.i :1918(::, :-:;9:1.87 :·:i9:t.:J:J :219189
:::i '-.,.�:, l ,:_;, () 39191 39192 39193 39194 39195 39196 39197 39:1.98
::) c_;1 :1_ (_:} Cy'
:.:)9��00 :Y?�"::0:1.
::;; s_;, �� () �� ::� 9 �? () ::·:-::) 9 ;.·� 0 ll ::·) ·7· ;:� () !) :::::? ;.·� 0 /)
:-:; <;> ;:: () "? 39208 39209 39210 392:1.1 39212 392:1.3 :J9;.::14 ::)s:·�:·::I. �:, :� ·J �-:� :I. ,5:::> (j:-;:� :I. :1 39218 39219 39220 39221 39222 39223 :.:) 9 ;.� ;.? ,:1 :·:')<_;-�·:·:�·:: �:.,
CITY OF COI...Ul 11Blt1 HEIG!··IT::3GL540R-V04.09 PAGE
t,MDUi··-IT
63.35 300.00 1:1.3.83 152.50 "? c;-f::: " ::: �.l 13.31. 290.00 553.81 50.00 20.00 183.05 45.00
:::·;II (}() 20,424.15 95.61 50.00 861.60 8:1..73 144.38
'-l(), (?{;:] Cl �_:\() :I. 7 :I. • �-'• �::o 2,496.32 82:1..78 82.61 :I. �-'•O .. 96 62.62 258 .. 97 25.07 28.0:1. 370.00 40.00 16.89 150.00 45.42 155.39 122.59 68.50 55.25 100.64 90.00 180.00 131.26 2,767.87 3,194.00 85.72 :_:;-:_;:,_41 1 �-'• () . ;:: '-I
4
BRC FINANCIAL SYSTEM
l :f. �·/ () �.:, ./ C) ;:::\. {, :: ::; Check History 11/09/92 COUNCIL LIST
CITY OF COLUMBIA HEIGHTS GL540R-V04.09 PAGE r.: ,.,
f:(11'-ll< '..,IE!"-lDOF;: CHEC I< t·-11. .. li.'IBEI? t1r'IDUl··-IT
BANK CHECKING ACCOUNT
Fi F;; BO l1J I< E: F'. F�i�DICl m-lACI< RAPID GRAPHICS & MAILING 1:�IGS t:1l·-�D SOUt-1DS ROCHESTER MIDLAND SCHERER BROS LUMBER SHl:::RliJJ:t,f l1JII...L.Ir.-1M�3 SOS OFFICE EQUIPMENT SOUTHAM BUSINESS COMM SPEC MAlERIALS, INC STANDARD & POOR'S CORP. STATE OF MINN.DEPT.LABOR STATE OF MINNESOl"A DOCUM ST (1 TE TF:E:t-1'.::-;ui:;:EF:: [:;; T F;:Cl/"'lS/1 .. : 01... D / 1·,1cmi-,1r.1SUBURBAN RUBBER STAMP SUBURBAN TAXI CORPORATIO SUBURBAN TIRE SERVICE su:::·E:i:::Il··ITE::1·-ID[:1·,1T or-:· DOl:::ur,11::: SUPERIOR PRODUCT ffY\::;-f1::J%) SI . .JF'F'I...Y lt·-IC::. Tl:�Cl··ll··-1 I FI...Ol!,I crn::;p l'OWN & COUNTRY OFFICE Cl... TREADWAY GRAPHICS TWIN CITY FILTER SERVICE UNIFORMS UNLIMITED 1...11·-.:ITED f.:a .. 1r:·r·L..Y ccmi::· UNIVERSITY OF MINNESOTA VIKING INDUSTRIAL.. CENTER W & W GENERATCJR REBUILDE l\J i,,.J c-m ti I t� G EJ:; \!,lr�113 l::R ' '.:3 I 1--� C • WANCJUS/SEVERIN OR BONITA �1,IE�3T liJEI...D
:2) '-? �-:� �=� t.J
·:\" ............ \""" ,.)7 ;:�.::./ 39228 39229 39230 39231 39232 39233 :::)(l:?::il-1
39235 39236
�n�77 07LJ, 39238 39239 39240 39241 ::; <;-�:''. i.� :;:·� :.:) ,:? �:� .-:1, ::-;
:';<i,=-2,'.'.ftI 39245 39246 39247 39248
�:i?�-�4-:,:;,
:; (y' �: �_:. () :.3-;,��5:I. 39252 39253 39254 39255 39256 39257 39258 39259
t.°)fl C/ .. :J. 5''
!.) !.=.=1 n !.71 ::)
�-:· <) u �-:' s·
4 7 7--,! ,I-u , ... , �,89 • 0 �-'• ��5�") al :I. 4.04 191.17 103.88
242.82 550.00 115.00
30.00 177.61
60.00 17.61 <? , f:� �. (';} u :::·; () 1r.-io. ,::·)o 75.00 358.91 117.69 196.68 2,955.38 463.02
77 7n JJnJ7 428.53 37.09 525.00 74.50 42.55 29.47
1 ()�3 .. ·7 �::.
100.00
�� !_:_;. " r.t �:�
4::A, 78�',. �:'.�_,, ***
BRC FINANCIAL SYSTEM
11/05/92 16:3
Bt,l··-11< VEt·-IDO;-i
F:E:F'CiFff TClTt1L.S �
Check History
11/09/92 COUNCIL LIST
CHE:C K t•H.Jl"'lBEF:
CITY OF COLUMBIA HEIGHTS GL540R-V04.09 PAGE t,
t1t'IDUI·,IT
4:_3q :• 7::3!5 .. ��!j
RECORDS PRINTED -000699