95-223Return copy to:
Reai Estate Division
140 City Hall
Presented By
Re£erred To
��
Committee: Date
QHSBSAS, the Council has received a petition from James W. and
Susan 0. Lund ARA James Productions for specially assessing costs
for a fire protection system for 1515 Brewster Street; and
pHSgEAS, said petition meets the requirements of Minnesota
Statues 429 and the city policy on assessing costs for fire
protection systems; and
WHSBEAS, the Council has fully considered and reviewed the
petition and policy; now, therefore, be it
BESOLVBD� that the Council of the City of Saint Paul does
hereby order that the above described improvement be made, and the
proper city officers are hereby directed and authorized to proceed
with the improvement; and be it
FOBSHSB B&SOLVED, that upon the completion of said
improvement, the proger city officers shall calculate all expenses
incurred therein and shall report the same to the City Council in
accordance with Chapter 429 of the Minnesota Statues and the fire
protecCion system policy and
FIIBTHE& BESOLVED, by the Council of the City of Saint Paul,
upon recommendation of the Mayor and advice of the Long Range
Capital Improvement Budget Committee, that the Capital Improvement
Budget, as heretofore adopted and amended by this Council is hereby
further amended in following particular:
CIIBBEflVT
BIIDGEi
FIRAHCIAG PLAH
James Productions
Sprinkler System
C95-1T012
Assessments
ORIGi.NAL
RESOLUTION
CITY OF SA{NT PAUL, MINNES07A
[�l
cas�rs$
77,828
Council File #�01� 3
Green Sheet # 3 / D �—
8 IIP1
:ii
77,828
QS- �a�
�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
SPSHDIAG PLAH
James Productions
C95-1T012
Construction
C
77,828
77,828
Yeas �� Nays�� Absent
Adopted by�cil
i
Adoptioa r�fied
8 1955
Secretary
By : (/
Approv by May� r: Date � C�
By:
Requested by Department of:
Fina ' Man ement Services
By: '
rec 3 ��
3 ��� ��.,
Form Approved by City Attorney
By : �Y...s �v� W WG7M�� �Z�
Approved by Mayor for Submissioa to Council
By: �� �- ���
�..
� qs-a�,/
DEPApSMENTIOFFICFJCOUNCiL �ATE INITIATED V N 314 0 2
Finance De artm t/ eal Estate 2/ll/95 GREEN SHEET _
CONTACT PERSON 8 PHONE INITIAVDATE INIiIAI/DATE
O DEPARTMENT DIRECTOfi � CfiV COUNpL
Roxanna Flink 266-8859 "u'�" �CT'ATlORNEY � � CIT'CLEFK
MUST BE ON CAUNqL AGENOA BY (DAiE) p���BN�� BUDGET DIRECTOfl � FlN. & MGT. SERVICES DIR.
OpOER Mpypp(p{yqytSTMti) � Council Research
TOTAL # OF SIGNATURE PAGES i (CLIP ALL LOCATIONS FOR SIGNATURE)
AC710N PE�UE5TE0:
Approve the use of assessment financing in accordance with City Policy for the installation
of a fire protection system (fire sprinkler system) for James Produc*_ions at 1515 Brewster
Street.
RECOMMENDATroNS: appmve (A) w Reject (R) PEASOIiAt SEPYICE CONTRACTS MUS7 ANSWER THE FOLLOW {NG �UESSIONS:
_ PtANNING CAMMISSION _ CIVIL SERVICE CAMMISSION �� Hd5 fhiS p2r5oNfifin eVBr wofkBtl under a COMrdCt fOr fhis tlBpertmeM?
_ q8 COMMITTEE _ YES NO
A STAFF 2. Has thi5 personKrm ever been a Cily employee?
— YES NO
_ DISTRiCT CAUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current cM1y emplqree?
SUPPORTSWHICNCWNClLOBJECENE4 YES NO
Explafn ell yes answers on separete aheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where. Wny)'
The Fire Marshall and PED staff are requiring that fire sprinkler systems be part of
any rehab work for commercial properties.
�
FEB �4 �
����
ADVANTAGES IF APPROVED:
A safer building for employees and the general public.
RECEIVED
DISADVANTAGES IFAPPROVED: �
None Known. /�
fi; A ����"�ENT OD�'IdVANCE ���
� � ������ ,�,�u ,y�H�v��ean�►�T s�avacES �°EB �
. 7 7995
��� � � ���� ���� ���d����
DISA�VANTAGES IF NOTAPPROVEU'
Petitioner may notnable to find sufficient alternate financing in a timely manner.
The Minnesota Legislature passed legislation allowing cities to assess for sprinkler
systems. Petitioner has waived his rights to both a public hearing and appeal of the
assessment.
TOTAL AMOUNT OF TRANSACTION S � �� 82 $ • �� COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDINGSOURCE C-95-1T012 ACTIVITYNUMBER
FINANCIAL INFORMATIDN: (EXPWN)
20 years at 6� assessment financed.
qS- �.�3
T� j.� TOLTZ, KiNG, DUVALL ANDEA50N
i�i�. AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS 15D0 PIPER JAFFRAV PLAZA
446 CEDAft STAEET
�"e�7I�l13Iy 15� 1995 PHONE612/c�'2
Ms. Roxanna Flink
Real Estate Division
Department of Finance and Management Services
City of St Paui
140 City Hall
St. Paul, Minnesota 55102
Re: Proposal to Provide Engineering Services for
Review of Fire Sprinkler System Installation
James Productions - 1515 Brewster Sh�eet
St. Paul, Minnesota
Dear Ms. Flink:
In response to your request and subject to the terms and condirions set forth in the Continuing
Agreement #G9647-3 between the City of St. Paul and TKDA dated August 23, 1993, opening
date of 1983, we have prepared this proposal to provide engineering services for review of the
construcuon documents for a proposed fire sprinklex system for the above-referenced Project.
1. PROJECT DESCRIPTION
A sprinkler system is to be installed in the existing building at 1515 Brewster Street, owned by
James W. and Susan O. Lund, aka James Producuons. The City desires independent review of
plans and inspecrion of installation.
II. SERVICES TO BE PROVIDED BY TKDA
TKDA will provide the following services based on our understanding of the Project:
A. Review the general design of the fire sprinkler system plans (hydraulic calculations
excluded) prepared by others. Because of the lirnited scope of our services, we cannot,
however, assure you that the plans will comply with applicable codes in all respects.
B. Make up to two site visits to determine if the installation was made according to the plans.
C. Prepare one letter stating the �indings of the drawing review and another letter stating the
findings of the site visits.
y�s-�.,�.3
Ms. Roxanna Flink
Ciry of St Paul
February 15, 1995
Page 2
III. RESPONSIBILITTES OF THE CITY OF ST. PAUL
The City's responsibilities shall be as set forth in our Continuing Services Agreement and as
further described or clarified hereinbelow:
A. Provide complete set of drawings for the fire protection system as related to the building
construction and use.
B. Provide TKDA with uuliry plans showing water service to the building.
C. Notify TKDA when the fue protecuon system is ready for inspection. This shall be done
after the complete system is in place before the ceiling is installed.
D. Insure that the Fire Protection Conffactor makes the modifications according to TKDA'S
findings.
IV. PERIOD OF SERVICE
We are prepared to begin this Project immediately upon your authorization. We anricipate
completion of services described in Section II of this proposal within two weeks of final
inspection.
V. COMPENSATION
Compensation to us for services rendered under Part II shall be on an Hourly Rate basis as
defined in Arricle 3 of the Continuing Agreement with proposed January 1, 1995 rate revisions,
with an estimated maximnm fee amount of $2,500.
VI. CONTRACTUAL INTENT
We thank you for the opportunity to make this proposal and are willing that this letter and
attachments constitute a conuact between us upon its signature by an authorized official of the
City of St. Paul. Your return of a signed copy of this letter will serve as our authorizarion to
proceed with this work.
9'S=�s-'�
Ms. Roxanna Flink
City of St Paui
February 15, 1995
Page 3
This proposal will be open for acceptance for 90 days, unless the pravisions hereof aze changed
by us in writing prior to that time.
�
nn E. Englehorn, P.E.
Project Manager
ACCEPTED FOR
CITY OF SAINT PAUL, MINNESOTA
DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES
$Y�G� %j���� �� ��� �
,a� �'r_.""-'�'t-a � `��L�l�'!c-1`--�
Date c� � ��o - �J�
DTP:LEE:mr
..«ire -C�rr cic..c � EXHIBIT ±EI
O�i+rt � FiN�NCE �+ '/� I�\ T Y�� lJ L
C�rv�xr � DEV�FTUEriT
PwE ...—u�roa
$etu� � °Py t° $°� Z'a Council Resolut' r
(CHapter429) Ef�
P �� � � "=✓� � ' c
�/IIt�fe refi�o � _ � C �imittee:
�.:_ �_ ,_.__ -,.,�-
`�`"- OaroPEommittee'By.�' _ _
9S-a�3
COUDCII �/��
Fi]e N 0. ��` 3 �
�
Date
F7FiE12EAS, Subj�ct to t:3e z2auir2ments of Iaw, the City af
Saint ?au1 is authorized pa�suant to =he �rovisions of :�innesota
Statutes, Chz�tar 429, =o spec=ally assess the costs of
COi7S'CZISCt L�CO21SLTllCv1RGJ� s1_e�ing, extending, OOeL3tlt1��
maintaining and p=omoting fire protection syste�s in existi:.g
buil3ings; and
9�THEREAS, The Szi�t °aul Ci.y �o�x:�ril
is in t:�e public int>_*�s_ to �ccvi�e t;Zis
protection syst=�s in existi.g Suilaing „
the 3uilding or Pire Co�e to install �ir�
which =he owner thei�o� is ^ait?cinatir.g
Sma11 3usin2ss �ssist.=_nc= ?rogza�; and
'.^.ss det�r :;iaed that it
means of orovi�ing �ire
uhich =.ze r=quir�d by
protaction systems, in
ia s city-spcnsoi�d
"s9HBREAS, ?'::= City Council, by t�is �esoluticn, inEends to
�et fort'� the raquiremencs t^at �aill be agalicable to any
�2tlti0[1 iOY t}]z �S'o25S?.^.2?lf Oi *RE COS�S Ofi SllC:l fi*_ 7LOt".�.Ctl0t1
SyS�°!�S n11C� WI11C!1 W1�.�. �JZ U52a t0 ^yU7.�E �:72 Cl�Y ,'�.°A3itIDZT1t5 d?7C�
�etitione�s in rhe rpvi�w of any suc� oeti��cn; �ow t.her�fore be
it
BESOLVED, Th�t petitions co be present�d to ;-.:,e Cicy Council
fo� considezation of specially assessing costs for fire
'�r0�°Ct10D SVSt°2AS� $S authorize3 Sy Minn=SOta $t3t1L°� CL1dAt°L
429, nnst comply with the following requi:ements and czit�:ia:
a) The oeti*_ion
reauir=ments
of alans =_nd
•>stimat=, all
-,�ust compl� +�it:� all of tie aaaiicable
of C:�aot�r 429, including the submission
speci£ications togethex taith a cost
sub;ect to approval of the City.
b) The petition shall be ?repared an3 signed Dy a21 owners
of the subj_ct aroaerty, and pzoof of record owr.e*ship
thereof shali also be submitted with 4he oztition.
COUNCII,MEMBERS
Yeas Nays
Dimond
Long
soswiu
Rettman
$cpeibd
$onnea
R^ilwn
Adopted by Council: Date —
Cert�tied Passed by Council Secretary
BS'
Apprvved by )1avor. Date
ey
Requested by Department of:
Fiaance S ManaRement Serv3ces
In Favor
Against �Y �5--i-G , �y� �:�� nirPrr.,,-
, `J�
Fotm AQp�oved b ' � Atmme /'
s �- ' �.f' 31-z3 s�s
ApprovZd by Mayorfor Submis�ion to Council
-� \ i �, r! , + _� ••��
By.
�'i� a �
� gs-��3
e) The petition shall contain a statement that the oWners
shall be responsib2e for contracting for the actual
installation of the fire proteetion system using
contractors and installers licensed or registered
With the City of Saint Paul or the State of Minnesota.
d) The petition shall contain a statement that the owners
uaive all rights vhich they may have to a public hearing
on the proposed improvement and assessment and further
specifically xaive any and all rights which the owners
may have to appeal the adopted assessments to the
District Court
e) The amount to be specially assessed for the improvements
sha11 not exceed the amount of the approved construction
estimates, plus any administrative costs incurred tay the
City and interest charges. Administrative charges sha11
include the costs of providing a disbursing agent,
engineering inspectioa services and other costs associ—
ated in the review and implementation of the improve—
�aents.
f) The petition shall contain a statement that the oxners
shall be responsible for trie difference betueen the
approved construction estimate and the aetual construc—
tion costs, in the event the actual costs exceed the
approved estimate.
g) No payment shall be authorized until the assessment is
ratified and the completed work is inspected and
approved by an engineering inspection service and also
reviewed by the Division of Building Znspection and
Design and the Department of Fire and Safety Services
for compliance With all applicable fire and building
codes. Any approval by a City division or department
shall be only as to compliance with existing codes
and is not a warranty of quality of materials or
uorkmanship.
h) Special assessments shall be for a period not to exceed
20 years.
i) Assessments shall bear interesC at the highest rate
applicable for any other special assessment levied by
the City.
wruTE - Urr CtEna
P�NR � FIHAHCE
��NIFY �D£P�RT4ENT
BIUE �-u,�ypq
�ETQB�T COPY TO R00�1 218
(Chapter429) EW
Presented By
Referred To
ttee: Date
Out of C By Date
j) ihe peti;.ion shall contain a statement that ia the
2vent the pe:itioners request the abando^nent of the
s�ecial 3ssessment �roject, a12 costs incurred by t:ie
C;ty shall be r�iabursed by Lhe petitioners ar.d in �Sz
discretion of the Council �av be coZlected in i;7e
sane :�anner as assessments.
k) Unless specifScaliy uaivzd 'oy �he Citp Counci_, all
petitiens nus� be r=caived and approved by t:�e Ci�v
Cour.cil before construction or installation .f the
proposed fire protz��ion system.
1) Consi3er�tion of all petit:ons �hali be subject to a
case—oy—case deternination ar.d approval oi �he City
Counefl and ,hall be ::oleiy �ithin the Council's
� discretion.
COUNCIL MEMBERS
Yeas ays
Dimon -
Long
���
��
s��cbet
Sonnen
wa�oo
CiITY OF .SAIYT PaUL Council ������
�'ilt t� 0. '��� `7 /1 /
Council Reso
� In Favor
�_ Against
Adopted by Council: Date �'�� { °�
Certified Pass � 6y uncil Se�xqtar `,
$ A \ l\ �` Y
Approved by 1lavor. Date n�D � 7 1�8�
ey
Requested by Department of:
F��nCe and TLn gp r c ri,-t
j ^
�/ i'
Direetor
B � ,. _��i � -.
f `f�
`0
Fo�tn Appmved 6 City Attocney
g C' � � ���k �BR
pppro�ed by Mayor for Subm�y'ssi� to Cauneil
BY �y �1.?i� O'�� /� � A . _ �...�
January 26, 1995
Mr. Peter White
Real Estate Division Manager
Room 140 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102
9 s- a�►3 =
=���� __
;.;�:;�:,.
RE: 1515 Brewster Street, St. Paul, MN 55105
PID #: 27 29 23 22 0092 8
r Dear Mr. White,
This letter will serve as a formal request to begin
the assessment process to install a sprinkler
system at 1515 Brewster Street, St. Paul, MN
55108.
We understand that we are responsible for
contracting for the installation of the sprinkler
system and will be responsible for presenting
invoices and mechanics lien waivers for payment of
the same.
It is also our understanding that, in the event this
project is abandoned by us, we will reimburse all
costs incurred by the City relating to this
assessment.
In addition, �Ne hereby waive our rights to a public
hearing and our rights to an appeal of this
assessment.
Attached for your review is a copy of our plans
which have been approved by The Department of Fire
and Safety Services, The Water Department and The
Housing and Building Code Enforcement. A1so
attached is a copy of the permit and title
insurance commitment which shows that we are the
record owner of the above property
If you have any questions
information please contact
at 332-3106 before 2/13/95
Sincerely,
James W. Lund
or if you need additional
Michelle Caron directly
or 645-1408 thereafter.
C/ �
Susan O. Lund
JAMES ]3]5 MMNEAPOLIS,
PRODUCTIONS, HARMON MINNESOTA
INC. PLqCE 554W
TEL (672) 3323106
FPX(6]2)332-]256
a 'A
°�' i w',
QS• a�
AGREEMENT FOR INSTALLATION OF IMPROVEMENTS
AND WAIVER OF SPECIAL ASSESSMENT APPEAL
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1. The undersigned are fee owners (hereinafter
refereed to as "Owner") of property at 1515 Brewster
Street, St. Paul, MN 55108 legally described on
attached Exhibit A(hereinafter referred to as the
"Subject Property").
2. Owner enters into this agreement and waiver on
behalf of him/herself, their successors and
assigns.
3. Owner is developing the Subject Property for
commercial use.
4. As a part of this project, Owner has petitioned
the City of Saint Paul to assess the costs of
constructing, a fire protection system for the
building located on the Subject Property in
accordance with City policy z�egarding fire
protection system assessments.
5. Owner hereby waives any and all rights hejshe
may have to a public hearing concerning the
proposed improvement and assessment.
6. Owner has been informed that the estimated
assessment amount for the construction of this �°�
improvement is S 77� g�S�.00 to be fully repaid at P�K�
simple interest over 20 years, and that such ��>s g-�
payments would be collected as an assessment a -���
against Subject Property.
A breakdown of these assessment costs are as
follows:
Approved construction estimate
City Water charges
Administrative Costs:
Engineering Inspection Services
Review, Processing and
Distribution Charges
$ 68,878.00
5,950.00
a , so o.�
SOL%.G �i
Total Estimated Assessment Amount $ 7 �,�� �"��
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7. If the assessment amount actually levied
against the Subject Property is equal to or less
than the estimated assessment amount, the Owner
hereby waives any right he may have to contest the
validity of or appeal from the special assessments
plus interest including procedural or substantive
rights pursuant to Chapter 13 and 14 of Saint Paul
City Charter, Minnesota Statutes Chapter 429, or
any other statutes, constitutions, laws of judicial
decisions of the State o£ Minnesota or the United
States.
8. If such improvements are approved and
constructed, Owner agrees on behalf of him/herself,
their successors or assigns that such public
improvements would be of special bene£it to the
Subject Property in at least the amount of the
estimated assessment plus interest charges set
forth in Paragraph 6.
9. Owner agrees to be responsible for the payment
of the difference between the approved estimated
construction costs and the actual construction
costs, in the event the actual construction costs
exceed the approved estimated costs.
10. Owner agrees and understands that during the
course of this project any review and approval by a
City division or department is granted only in its
capacity of administering and enforcing existing
relevant codes. Any such approval is only in
compliance with the codes. Such approval does not
create a special duty to the owner and is not
warranty of quality of in e ials and workmanship.
������.����7 � �
James W. Lund Susan O. Lund
I z� � �
Date
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Notary Public
Subscribed to and sworn to this
r�G� day of JA� ' 19J�
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