85-945 WM17E — CITV CLERK
B UE — MAYOR E GITY OF SAINT PALTL Council . � � �/
CANARV - DEPARTMENT File NO• �l�_• � / �
,Co cil Resolution
J
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized
and directed to execute an agreement with Independent School
District No. 625 providing for the joint use of facilities and
• grounds at the District ' s Highwood Hills elementary school , subject
to the terms and conditions of said agreement, a copy of which
is to be kept on file and of record in the Department of Finance
and Management Services.
COUNC[LMEN
Yeas �feN� Na s � Requested by Department of:
� Y � ' r
N�cos�a [n Favor
Scheibet �/
Sonnen __ Against BY --�r�.�� '
Tedesco
W�ISOn M�
vtJL 1 � (� Form pproved b C' y rne
Adopted by Council: Date �,
Certified Pas d Council cre BY
,
By
Approved by � vor. at — �� �:5 JUL 1 �gs�roved by Mayor for Su 'on to Council
• ��n?\\�. . r
gy �..��
Pt�i�D J U L 2 f 1985
Community Service DEPARTMENT �`5�9� ND 2377
Jerry Prill CONTACT
292-7408 PHONE
July i, 1985 DATE � „��� e e
ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) :
..Y Department Director 3 Director of Management/Mayor
4 Finance and Management Services Director City Clerk
Budget Director 5 Parks & Recreation
� City Attorney
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) : RECEIVED
Authorize Joint Use Agreement between city and School District covering
operation of Highwood--I�i11s Community Education/Recreatiori/Physical �(�L 2 ,�
Education programs.
CITY ATTORNEY
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPA7ED:
Maintenance to be shared between City and School District with City
maintaning outside area and District maintaning inside area with
all costs shared.
RECEi�'i��
" 'J U l� 5 g985
FINANCING SOURCE AND BUDGET ACTIVITY NU{�ER CHARGED OR CREDITED: (Mayor's sigr(y���;'� r„�°�°��;�
ture not re-
Total Amount of Transaction: quired if under
$10,00Q)
Funding Source:
Activity Number: 03170
ATTACHMENTS (List and Number Al1 Attachments) :
Agreements
DEP MENT REVIEW CITY ATTORNEY REVIEW
e/ es �No Council Resolution Required? Resolution Required? Yes No
Yes X No Insurance Required? Insurance Sufficient? Yes No ��z
Yes X No Insurance Attached:
(SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
HOW TO USE THE GREEN SHEET
• " .
The GREEN SHEET has several PURPOSES:
1. to assist in routing documents and in securing required signatures
2. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
required, attached.
Providing complete information under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (6eneral Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners 9r other groups affected by the action) . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions.
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must always be first signed by the
outside agency before routing through City offices.
�Below is "the �referred ROUTING for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists)
1. Outside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accounting
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
1. Department Director l. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2. Collective bargaining contracts.
3. Purchase, sale or lease of land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnification.
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendments.
�'-`; _���
�,,��T=o.. - � CITY OF SAINT PAUL
` ' � OFFICE OF THE CITY ATTORNEY
; �f,
�;, li=i�ii°n �� EDWARD P. STARR, CITY ATTORNEY
''�r,. ��
�.`'+f�•� 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
3 July 1985
M E M O R A N D U M
CLAIMS AGAINST CITY OF SAINT PAUL
BY MICHELLE D. McQUARRIE, DOROTHY
HUDALLA, AND COMFORT BUS CO. , INC,
On May 30 , 1985 , at llth and Minnesota Streets , a City of Saint
Paul , Department of Police, squad driven by Steven Stoll anticipat-
ed a green light and entered the intersection prematurely. As a
result, his vehicle was struck by claimant, Michelle McQuarrie,
and her vehicle sustained damages in the amount of $667. 28. This
office approves the settlement of Ms. McQuarrie ' s claim in the
amount of $667. 28.
On January 15 , 1985 , claimant, Dorothy Hudalla, tripped and fell
on a raise in a City of Saint Paul sidewalk at 53 East 6th Street.
Ms. Hudalla sustained personal injury from the fall and incurred
medical expenses. We have settled with Ms. Hudalla for $95. 00.
On March 6 , 1985 , a City of Saint Paul , Department of Public
Works, snow plow, driven by employee Vernon Drake , slid into a
parked vehicle owned by claimant, Comfort Bus Co. , Inc. As a
result of the impace, the bus was damaged in the amount of $250. 00.
This office approves the settlement of Comfort Bus Co. , Inc. ' s
claim in the amount of $250. 00.
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JOINT USE OPERATING AGREEMENT
THIS AGREEMENT, dated this day of , 1985 , by
and between the CITY OF SAINT PAUL, MINNESOTA, a municipaZ
corporation organized and existing under the laws of the State of
minnesota, hereinafter referred to as "City" , and INDEPENDENT _
SCHOOL DTSTRICT N0. 625 , existing pursuant to laws 1905 , Ghapter
705 , as amended, hereinafter referred to as "Distr�.ct" ,
WITNESSETH:
WHEREAS, the City and District desire to enter into a joint
� use of facilities and grounds agreement at Highwood Hills
Elementary School for the purpose of providing Community
Education, City Recreation Programs, and School District Education
and Physical Education Programs;
WHEREAS, the District is the owner of certain real property
known as Highwood Hills Elementary School , which is located within
the corporate limits of the City of St. Paul , and
WHEREAS, said property is legally identified by Exhibit "A" ,
attached and being a part of this agreement , and
WHEREAS, the District covenants that it has good and
sufficient title to the premises, and
WHEREAS, the City is the owner of certain real praperty known
as Highwood Hills Recreation Center , w�ich is located within the
corporate limits of the City of St. Paul , and
WHEREAS, said property is legally identified by Exhi�ait �r�n �
attached and being a part of this agreement, and
WHEREAS, the City covenants that it has good and sufficient
title to the premises, and
WHEREAS, the City herewith covenants and agrees that it will
use said premises for the purpose intended , to-wit: that type of
facility or any lawful recreational use as agreed upon by the
parties hereto , and
NOW, THEREFORE, in consideration of the mutual benefits and
advantages hereinafter provided for the mutual covenants and
r �'�"->��
promises hereinafter set forth, City and School District do hereby
agree as follows:
1 . The District shall have access to the exclusive use of �
its facility, its grounds, and access to the City' s grounds during
the regular normal school hours of the school year. This shall b�
extended to include the use of its facility and grounds by the
District for such special educational activities that occur after
the regular normal school hours or school year ( such as parent -
Teacher Student Association, summer school , and other programs) .
The City shall , after the educational activities have been
satisfied, have first priority in the use of the school facility.
This shall include the City' s ice rinks, play areas, and warming
room.
2. The City shall have access to and the exclusive use of
the City' s grounds, and access to the School District' s building
and grounds, Monday through Friday from the end of the school day
to 10 p.m. throughout the school year and from 9 a.m. to 10 p.m.
on Holidays, Saturday, Sunday, Winter Break, Spring Break, and
during Summer Vacation. The City shall also have access to the
use of the District' s school building and grounds by application
for permit and approval by and through the District' s Permit
Office . Said Permit will identify the spaces authorized for use ,
the term and the conditions based on the Board of Education' s
current policy for use of school facilities by community .�_ _ .
organizations. The District shall , after the City' s activities
have been satisfied, have first priority in the use of the City' s
grounds. Joint use area identified in Exhibit "E" and "F"
attached.
3 . If additional hours or use are needed for any part of the
school facility or grounds by either the City or District, a
written notice must be given seven (7) days prior to such need or
use by the requesting party to the appropriate party in charge
(District - School Principal) (City -Recreation Director) with
both parties mutually agreeing to the change in hours.
4 . The City shall indemnify and save the District harmless
from any and all claims of whatever kind that may arise from the
City' s use of the District' s building and grounds.
5 . The District shall indemnify and save the City harmless
from any and all claims of whatever kind that may arise from the
District' s use of the City' s grounds .
6. The District shall be responsible for all maintenance ,
repairs, and housekeeping for the interior and exterior of the
District ' s building.
7.
A. The City shall be responsible for all ordinary
grounds maintenance on the total Highwood Hills site .
This shall not include weed control or fertilizatian.
. �-- i ,
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The City shall also be responsible for all perimeter
snow and ice removal or sanding , including the parking
lot and driveways, with the District responsible for
snow removal on all steps and all walkways leading to
and from all public sidewalks and parking lots . Snow
removal shall take place after eacn accumulation of
more than two (2) inches of snow.
B. The City shall participate in the cost of major
repairs to the District' s mechanical and electrical -
systems as defined in Exhibit "C" attached and being a
part of this agreement which provide energy to the
City' s building. This will be pro-rated on a
percentage , based on the square footage of the
building used by the City.
C. The building will be provided with the District ' s
central monitoring station, intrusion and fire
monitoring services on a twenty-four (24) hour basis
three hundred sixty-five (365) days per year.
D. The District shall place equipment for and provide for
the removal of all solid waste generated by the City' s
and District' s use of said sites and facilities.
E. The District shall be responsible for all regular
building maintenance as defined in Exhibit "D"
_ attached and being a part of this agreement.. for the._..__
District' s buildings interior and exterior .
F. The District shall be responsible for providing all
. custodial engineering and housekeeping services for
the total building.
G. The cost of energy and utilities as same concerns the
District' s building for gas, fuel oil , electric,
water , and sewer shall be shared by the City. The
City shall pay 67 per cent of said costs and the
District shall pay 33 per cent of said costs.
H. The District shall insure the building and its
contents for liability, fire , and comprehensive
coverage for which the City will share the cost .
I . The District shall be responsible for all major kinds
of building maintenance such as renovation,
remodeling, replacement , or repair of the District' s
building, including re-roofing and re-flashing
repairs, repainting interior and exterior , tuck
pointing, plumbing, sewers interior and exterior,
mechanical equipment , electrical equipment , etc. , or
major repairs to same .
,. ... .�... ._.__...._.�...a..�.._.�_.r..�,.....,. ,_.__.____ :._..�_�.��...�.:�-��._,._ ..._n_..�.
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8. On a semi-annual basis, the City and District shall
mutually identify the costs incurred by each arty for items "A" �
through "I" in Item No. 7 for the past six (6� month period wi�h
the City paying 67 percent of said costs and the District paying
33 percent of said costs, unless othzcwise mutually agreed to by
both parties in writing.
9. In the event the District or City, or both parties, shall
determine to discontinue their use of the Highwood Hills School ,
building or site , said action shall be pursuant to Board Policy -
File DO-R, as adopted by the Board of Education on May 17, 1977,
and pursuant to Council resolution, No. 268764 , as adopted by the
St. Paul City Council on May 21 , 1977.
10. . The City and District shall mutually agree on and ins�all
signs in the District' s building indicat�ing the kinds of clothing
and equipment which shall be prohibited within the building.
11 . The City' s Recreation Director or his/her designee shall
provide full time supervision for all of its programs at all
times. Said supervisor shall be responsible for surveying the
condition of the building both interior and exterior each day
prior to commencing with the City' s program or programs and shall
identify and report to his supervisor on a daily basis any and a�l
damage to said building or equipment whicn occurs while in the
City' s use .
12. The District' s Building principal or his/her designee y��
shall provide full time supervision for all school programs at all
times. Said building Principal or his/her designee shall be
responsible for surveying the condition of the building both
interior and exterior each day prior to commencing with the
Distriet' s pcogram or programs and shall identify and report to
the Executive Director of plant Planning and Maintenance on a
daily basis any and all damage to said building or equipment which
occurs while in the District' s use.
13. The City or District shall be responsible for the costs
to repair or replace any damage to the building, grounds ,
furnishings, or equipment which occurs while said facility is
under their control o�r use .
14 . The district' s school building and grounds shall at all
times be under the responsibility of the School Administrator
(Principal) or his/her designee .
15 . The City' s buiTding and grounds shall at all times be
under the responsibility of the Recreation Director or his/her
designee .
16. The Recreation director in charge of the City' s
program( s) or his/her designee shall be required to phone Central
Security when opening and closing the facility.
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17 . The city shall be responsible for the policing of the
District' s grounds being used so that same will be returned iM the
same condition as it was prior to the use of said grounds.
18 . All parties shall abide by all such rules and regul�tions
mutually agreed on and established by either party or by
governmental regulations current and .future to insure safe ,
sanitary fire and health protection to all persons.
19. The District shall be respon.sible for the policing of the _
City' s grounds being used so that same will be returned in the
same condition as it was prior to 'the use of said grounds.
20. Any improvements or alterations affecting -the District' s
facilities or grounds shall require approval by the Executive
Director of School Plant Planning and Maintenance .
21 . Any improvements or alterations affecting the City' s
grounds shall require approval by the Superintendent of parks and
Recreation.
22 . The proper authorized District and City administra�ive
personnel responsible for the administering of this a�reement are
herewith authorized to make amendments to the joint Use Operating
Agreement subject to mutual agreement by both the District and the
City. It is further conditioned that no amendment( s) shall be
made to the lease portion of this agreement without approval of
the governing bodies of both the District and the City ,of St. „___
Paul . ,
IN WITNESS WHEREOF, the parties have set their hands the date
first written above .
APPROVED AS TO FORM: CITY OF SAINT PAUL
�� � BY �. � - -
-- -- -- -- �sZS__.��,°`.=�-------- =�-``.,•-�.
--------- --- - - - -- �-,� ---- -�
Assistant City Attorney Mayor �
City Cler�
----------------------------
Jirector , Department of Finance
and Management Ser .
----- x�:�����'-- - ��`
Director of Community Ser.
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APPROVED AS TO FORP�: INDEPEflDENT SCHOOL DISTRICT
No. 625
�-'� , �,��'""_ gY:
Richard . Bat � , Attorney J e . Si ver s xecu ive Directo
Independent School District P�o. 625 chool P1 nt 1 ing & Maintenance
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EXHIBIT "A"
PROPERTY DESCRIPTION OF HIGHWOOD HILLS ELEMENTARY 5CHOOL
Ex. E 60 ft of part of Wl/4 of E 1/2 of NE 1 /2 lying N of a Iine
run W at ra from point on E line of sd W 1/4 & 333 ft S from Sly
line of Londin Lane & ex S 340 ft of W 131 .5 ft; part of sd _
seetion 11 town 28 range 22 and that part lying S of Londin Lane
of fol : E 60 ft of W 1/4 of E 1/2 of NE 1/4 N of a 1 run GT at ra
from pt on E 1 of sd W 1/4 + 333 ft S from Sly 1 of sd rd and �i
3/4 of E 1/2 of W 1/2 section 11 town 28 range 22. _
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EXHIBIT "B"
PROPERTY DESCRIPTION OF HIGHWOOD HILLS RECREATION CENTER
That part of the West Quarter of the East Half of the Northeast
Quarter (W 1/4 of E 1/2 of NE 1/4) , of Section Eleven ( 11) ,
Township Twenty-eight (28) , Range Twenty-two (22) , lying South of
Lower Afton road, now known as Londin Road which lies within the �
West 20 acres of said East Half of said Northeast Quarter, sub�ect
to rights of public in roads, except that part of the East Sixty
(60) feet of the West Half of the West Half of the East Half of
the Northeast Quarter (W 1/2 of W 1/2 of E 1/2 of 1VE 1/4 , Section
Eleven ( 11) , Township Twenty-eight (28) , Range Twenty-two f22) ,
lying South of Lower Afton Road (Londin Road) and North of a line
drawn at right an les to the East line thereof and three hundred
thirty-three (333� feet South of Northeast corner of above
described exception; and except the South three hundred forty
�340) feet of the West one hundred thirty-one and five tenths
( 131 .5) feet of the West half of the West half of the East half of
the Northeast Quarter (W 1/2 of W 1/2 of E 1/2 of NE 1/4) , Section
eleven ( 11) , Township twenty-eight (28) , Range Twenty-two (22) , .
accord�ng to the United States Government Survey thereof.
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EXHIBIT "C"
THE CITY SHALL PARTICIPATE IN THE COST OF MAJOR REPAIRS TO THE
FQLLOWING: �
BOILER
BURNER
HEATING & VENTILATION CONTROLS -
AIR HANDLING EQUIPMEIVT
MAIN ELECTRICAL SERVICE
HIGH VOLTAGE DISTRIBUTION SYSTEM
� . ,. , . �
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EXHIBIT "D"
The District shall be responsible for all regular building
maintenance as herein defined: -
Hardware - Door Locks, Closets , Door Bumpers,
and Lifts.
Electrical - Fixtures, Recepticals, Switcnes, .
Timers, etc.
Plumbing - Faucet Washers, Flushometers , Leakage ,
Clogged Drains, Fixture Replacement.
Floors - Tile , Base , Carpeting.
� Ceiling - Tile
Fire Alarm System
Intrusion System
Plaster or Sneetrock
Temperature Controls
Replace Filters in Heating and Ventilating units
Painting on a riormal schedule
Window replacement
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