HomeMy WebLinkAboutCC PACKET 05101994 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
103108
Box: 30
Folder: CC PACKETS 1990-1994
Document: CC PACKET 05101994
St. Anthony Police Department
April 7, 1994
City of Falcon Heights
Susan Hoyt
City Administrator
2077 West Larpenteur
Falcon Heights, MN 55113-5594
Dear Ms. Hoyt:
The City of St. Anthony proposal for police service and protection in the City of Falcon
Heights is enclosed with this cover letter. I want to take the opportunity to tell you a little
about our department.
St. Anthony Police Department is a pro-active service orientated agency with emphasis on
service and community development. We are a first ring suburb of Northeast.Minneapolis
and operate in two major counties (Hennepin/Ramsey). The department currently provides
police service for the City of Lauderdale, since January 1, 1994. The department consists
of 14 sworn officers, two civilian employees, and 10 reserve officers. We boast a higher then
average clearance rate for all reported crimes. We are able to respond to any and all types
of emergency calls in three minutes or less.
The police department is involved in crime prevention through various programs such as
Drug Abuse Resistance Education (D.A-R.E.) currently being taught by a police officer in
the elementary school grades K-5 with the 5th grade being targeted for the core curriculum.
Neighborhood Watch, Operation ID, National Nite Out,Turn Off the Violence, and Combat
Auto Theft (C.A.T.) are other types of program offered and participated in by the police
department.
We prescribe to the latest technology and training to enhance the type of service we provide
for the community and is an on-going effort in developing a partnership with the community
and its needs. The department motto "Your Police Department, Our Community."
3301 Silver Lake Road NE • St. Anthony, MN 55418 • (612) 789-5015 FAX (612) 789-9602
City of Falcon Heights
April 7, 1994
Page 2
Our style of policing has been traditional delivery of services in an untraditional way. This
has been ,accomplished through communication, team work, and inter-action with the
community as a whole. Three major benefits associated with our style are; improved
delivery of service, improved police/community relations; mutual resolutions to identifiable
problems.
Although St. Anthony may not be cheaper then other communities you are looking at, we
will be the most reasonable for the service provided. Our officers are very competent and
understand the concerns.of the citizens they serve.
Based on your recent survey of residents in Falcon Heights, the St. Anthony Police
Department will meet these top six expectations your community values. We are a small
agency that has been delivering quality service for the past two decades in the manner in
which I believe Falcon Heights is looking for.
I have enclosed copies of our 1991-1992 annual report, along with a weekly and monthly
report, and the St. Anthony Police Department Mission Statement.
If you have any questions or concerns about this proposal, please feel free to call me.
Sincerely,
Richard Engstrom
Chief of Police
St. Anthony Police Department
RE/kd
enclosures
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
MAY 10, 1994
7:00 P.M.
City Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF MAY 10, 1994 COUNCIL AGENDA.
IV. APPROVAL OF APRIL 26, 1994 BOARD OF REVIEW CONTINUATION
MINUTES.
APPROVAL OF APRIL 26, 1994 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. Garceau Hardware & Power Equipment - $12,599.00.
B. Calgon Carbon Corporation -
1 . $35,261 .80,
2. $35,279.60.
C. Dorsey & Whitney - $1,575.45.
D. Hance & LeVahn, Ltd. - $2,400.00.
E. Stuart Bonniwell - $6,000.00.
F. Brimeyer .Group, Inc. - $3,666.00.
G. Verified.
VII. REPORTS.
A. Mayor.
B. Council.
C. Interim City Manager.
1 . Police services for the City of Falcon Heights.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Award quotation for purchase of a lawn mower.
City Council Agenda
May 10, 1994
Page 2
B. Resolution 94-033, re: Rental lease for Minnesota Swimming.
C. Resolution 94-034, re: Rental lease for Aga Khan.
D. Recycling Center.
X. UNFINISHED BUSINESS None.
Xl. ADJOURNMENT.
CITY OF ST. ANTHONY
• BOARD OF REVIEW CONTINUATION
APRIL 26, 1994
I. CALL TO ORDER
The Board of Review was called to order at 6:30 P.M. by Mayor Ranallo.
II. ROLL CALL
Council Present: Mayor Ranallo and Councilmembers Marks, Enrooth and Wagner.
Council Absent: Councilmember Fleming.
Staff Present: Interim City Manager Hamer, Finance Director Larson, City Attorney Soth and
Hennepin County Assessor Miller.
III. APPROVAL OF APRIL 12, 1994, BOARD OF REVIEW MINUTES.
Motion by Wagner, second by Enrooth to approve the minutes of the April 12, 1994,
Board of Review Meeting as presented and there were no corrections.
• Motion Carried Unanimously
IV. CONTINUATION OF THE BOARD OF REVIEW.
The County Assessor distributed the names and addresses of the reappraised properties. They
are: Ralph Amundson, 3424 Highcrest Road, Don Badger, 2820 Roosevelt Road, Marilyn
Dregger, 3304 33rd Ave. NE, Tom Biernat, 2516 27th Ave. NE, John Jadinak, 2805 27th Ave.
NE, Lou Vorpahl, 2609 27th Ave. NE, Edward Fehr, 3008 29th Ave. NE, Arthur Johnson,
3100 Townview Ave., Robert Levandowski, 2715 Coolidge St. NE, Marlowe Francis, 3024
Rankin Road, Lois Krebs, 3009 Rankin Road, Lester Anderson 3117 32 Ave. NE., Richard
Scovil, 3608 33rd Ave. NE., Jim Murray, 3021 Harding St. NE, Warren Mesenbrine, 2821
Anthony Lane S., David & Peggy Louiselle, 2905 32nd Ave. NE, Ronald Hansen, 2704 32nd
Ave., NE. George Soldatow, 3217 32nd Ave. NE.
The results of the reappraisal show the original value and the recommended changes. What those
reappraisals entailed was an appraiser going out to the property, making a physical inspection,
redoing the appraisal, and evaluating a new estimate, if needed. Most of those that did change,
had not recently been appraised and often different information is found.
Mayos Ranallo asked the Soldatows,-who were present in the audience, if they cared to talk
about their appraisal. They said no.
•
Board of Review Continuation
April 26, 1994 •
Page 2
Additional discussion occurred following a motion by Marks that the Board of Review accept
and adopt the recommendations from Hennepin County Assessor Miller with respect to the 18
properties, two of which were cancelled, eight of which there was no change and the rest of the
changes were,decreased.
Mayor Ranallo stated there is a motion set and asked if there were any questions on any of these
properties. Mr. Miller stated that the people involved all have been notified by mail that they
have the option to call to make an appointment to get on the agenda and go to the Board of
Equalization on June 13, 1994.
Hennepin County Assessor Miller stated the property owners all have been notified by letter that
the Board of Equalization begins June 13, 1994 and lasts about two weeks. After that another
appraisal is done with the County Special Board of Equalization. The Commissioner appoints
a person on that Board and.they are given a written report on each property. They make a
decision as to whether to reduce or increase.
City Attorney Soth spoke about the Kenzington. There is an assessment agreement recorded on
the title to the property. It is a form of assessment agreement that is authorized under State
Statute 272.76. A copy of the Statute is attached to the document and would appear on the tit
to every owner at the Kenzington. Part of the property is Torrens and part of it is Abstrac
property. In each case this would appear on the title. The minimum value for the property is
$9,576,000.00 and this is the value necessary to support the bonds. That has been allocated by
the Assessor's office among those units. It could go up in value, but this is the minimum. It
would not be appropriate to reduce those values. Soth stated that when it showed up on their
title, they may not have completely understood what it meant. Nonetheless, that was the
agreement with the St. Anthony HRA.
Mayor Ranallo mentioned that he was at the Open House when they were all buying their
property, and that he told them this information at the particular time. Then-City Manager Tom
Burt informed the Real Estate people. Miller stated the values will be different depending on
the unit and that homesteading would make a difference.
Motion by Marks, second by Enrooth to approve the list submitted by Hennepin County
Assessor Miller adopt the report, and modify accordingly.
Motion carried unanimously
Mayor Ranallo, Interim City Manager Hamer and Finance Director Larson discussed the
difference in sale prices versus market values. Mayor Ranallo recommended that representatives
from both counties attend a future work session to clarify how the market value fits into th
actual sales. Hennepin County Assessor Miller responded that his office would like to meet wi
Board of Review Continuation
April 26, 1994
Page 3
the Council members. Mayor Ranallo requested Finance Director Larson to mark his calendar
for the assessors to attend a Council work session within the next two months.
Motion by Marks, second by Wagner to adjourn the meeting of the Board of Review at 6:50
P.M..
Motion carried unanimously
Respectfully Submitted,
Karen M. Long, Council Secretary
CITY OF ST. ANTHONY
• REGULAR COUNCIL MEETING MINUTES
APRIL 26, 1994
I. CALL TO ORDERIPLEDGE OF ALLEGIANCE
The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was led by Mayor
Ranallo.
II. ROLL CALL
Council Present: Mayor Ranallo and Councilmembers Marks, Enrooth, Fleming and Wagner.
Staff Present: Interim City Manager Hamer, Finance Director Larson, City Attorney Soth.
III. APPROVAL OF APRIL 26, 1994, COUNCIL AGENDA
Mayor Ranallo requested an addition to the Agenda. Doug Bergstrom from the St. Anthony
Environmental/Recycling Task Force would like to address the Council right after the Planning
Commission Report.
• Motion by Marks, second by Wagner to approve the Agenda as amended.
Motion carried unanimously
IV. APPROVAL OF APRIL 12, 1994 COUNCIL MINUTES
Motion by Marks, second by Enrooth.to approve the April 12, 1994, Council Meeting minutes
with the following changes:
Page 1, line 27 Change to read: "solicitation of donations for Tootsie Rolls"
Page 2, line 6 Change to read: "solicitation of donations for Tootsie Rolls"
Page 2, lines 28 Place "3.2 Beer Off-Sale" on Line 15 under Motion by Enrooth,
through 33 second by Fleming to approve the request for the sale of 3.2 Beer
and Wine, etc.
Motion carried unanimously
V. LICENSES/PERMITS/PETITIONS
Motion by Marks, second by Wagner to approve the following licenses:
•
Regular Council Meeting Minutes
April 26, 1994 •
Page 2
Contractors License:
Albrecht Company, Roseville, MN
Reliable Tree Service, Fridley, MN
Asphalt Driveway Company, St. Paul, MN
Heating License:
Suburban Air Conditioning Company
Motion carried unanimously
VI. PRESENTATION OF CLAIMS
A. Verified Claims.
Motion by Wagner, second by Marks to approve the three pages of verified claims as submitted
by the Finance Director.
Motion carried unanimously•
VII. REPORTS
A. Planning Commission - April 19, 1994.
Mayor Ranallo introduced Commissioner George Thompson who was representing the Planning
Commission. Mr. Thompson discussed a setback variance request from Dan-in and JoAnn
Mercil, 3112 Silver Lake Road.
The Mercils are requesting 15 feet to the front property line (a variance of 15 feet) and 13 feet
to the rear property line (a 12 foot variance). Granting this variance would place their home 23
feet from the property line and the garage will extend to the north 8 feet. Placement of the home
will be equal to the adjacent home and the garage will extend 8 feet in front of the adjacent
structure to the west. The Planning Commission unanimously recommended Council approval
of the variance request.
Motion by Marks, second by Fleming, to approve this variance with the same bindings as the
Planning Commission.
No vote was taken on this motion.
Regular Council Meeting Minutes
April 26, 1994
Page 3
City Attorney Soth indicated that the Planning Commission minutes stated the reasons especially
important at the end; i.e., reason (4) which is the six foot difference in the right-of-way which
is a unique situation and certainly distinguishes this lot from any other in the City.
Mayor Ranallo noted that the City Attorney was present at the April 19th Planning Commission
meeting and after reviewing this issue indicated the findings were entirely appropriate.
Motion by Marks, second by Enrooth to approve the setback variance request from Darrin and
JoAnn Mercil, noting the following: (1) the lot limits the position of the home; (2) the City
requires that the garage face Townview Avenue; (3) the lot is platted and buildable, but the
previous home was small and not of today's standards; (4) because of the additional 6 foot right-
of-way along the street, there is an additional circumstance that is found in almost no other place
in this City; and (5) that the survey be rechecked to satisfy the neighbors.
Motion carried unanimously
Report of the Environmental Quality/Recycling Task Force
Mayor Ranallo introduced Doug Bergstrom of the Environmental Quality/Recycling Task Force.
• Mr. Bergstrom reported that Mr. Hamer suggested it might be worthwhile to periodically report
to the Council on the Task Force's activities. The members of the Task Force are Dick
Enrooth, Doug Hall, Dave Beneke, Robert Patterson, Scott Benick, Keith Pearson, Martin
Lunde, Carol Barkley, Trudy Hentges, Sandy McDonald and Doug Bergstrom. The Task Force
is a very dedicated group of people who are all very interested in this issue.
The Task Force has been meeting since November, 1992. The first year consisted of collecting
information and identifying issues that could be addressed by the Task Force. This year Martin
Lunde was elected Chairman and Doug Bergstrom was elected the Vice-Chair.
A recent meeting was designed to begin to prioritize and implement ideas. It is a two track
process. Number one is that the Task Force has been collecting potential issues to address. The
Task Force would like to design a process that will advance those issues. Secondly, the Task
Force wants to allow enough flexibility to address current issues and requests so that they are
not locked in on any one issue. As an example, the Council asked for recommendations
regarding the City Recycling Center. The Task Force wants to be able to have the flexibility
to deal with those things as they come up. The process involves a list of specific projects and
issues that could be implemented by members of the Task Force. Mr. Bergstrom distributed the
list that the Task Force has been working from to date and were working from at their last
meeting. The Task Force is divided into subgroups. Each group must set tangible goals that
are achievable in a one year time frame or less. The subgroups are focused around different
categories. There are a number of issues that are educational in nature, there are a number that
are recycling, and some address physical issues.
Regular Council Meeting Minutes
April 26, 1994
Page 4
There are five issues identified. One of them has to do with recycling. There may be problems
in the ability for apartment dwellers to have curbside recycling and if the City Recycling Center
shuts down, that will effectively shut off their ability to recycle. Recycling for businesses and
schools is another issue. Another category is public education. There are solid waste issues in
the schools of St. Anthony. Another issue is that of the storm water quality, specifically as it
relates to Silver Lake. In addition, there are homeowner conservation issues.
Mayor Ranallo stated he felt education and news releases are extremely important. Ranallo
indicated residents seem to want about four or five different types of collections. The Mayor
emphasized educating the residents regarding the Recycling Center. Residents need to know
that the Recycling Center is costing the City money and that we have Iost the major funding that
was allowing us to keep it open.
Enrooth stated that when Hennepin County started five years ago with a media blitz, the County
became leading recycling county in the world, if you believe some statistics. But in the last three
years, virtually nothing has been done.
Mr. Bergstrom stated he was looking at all the different sources-of information. He stated that
the watershed district, the City, the County, and probably consultants working for different
•agencies will have some information.
Mayor Ranallo thanked Doug Bergstrom and the Environmental Quality/Recycling Task Force
for their work and efforts and hoped they would make the press releases a high priority.
B. Mayor
Mayor Ranallo said that he and Mr. Hamer started to put together a list of items for the May
work session on Tuesday, May 3, at 7:00 P.M..
C. Councilmembers
Councilmember Wagner discussed the Community Center building situation. This subject is
scheduled to be on the May work session for further discussion. The architect has submitted
prices which are now in the range of what was anticipated. Wagner indicated he and Mr.
Hamer will have some recommendations and some financial impact figures for the work
session.
Councilmember Fleming gave an update on the HEART group indicating that some of them.will
meet with Bob Miller from the Neighbors Revitalization Program regarding funding.
Councilmember Marks had nothing to report.
Regular Council Meeting Minutes
April 26, 1994
Page 5
Councilmember Enrooth reported the message regarding the proposed closure of the Recycling
Center was added to the water bills. Flyers have been placed in strategic locations around the
City regarding the May 7th Clean Up Day.
D. Interim Cily Manager
Interim City Manager Hamer stated some of the Environmental Quality/Recycling Task Force
members will be at Clean Up Day. Preliminary work is being done on the budget and and it will
be ready for the new Manager.
VIII. PUBLIC HEARINGS - None
IX. NEW BUSINESS
A. Resolution 94-031 is regarding the sale of General Obligation Improvement Bonds, Series
1994A. Bob Thistle from Springsted, Inc. was present and reported the bonds are for $525,000
for 1994 road improvements. He indicated Springsted recommended that sale of the bonds could
be on the Council's May 24th. Springsted has estimated that the interest would be about 5.32%.
Motion by Marks, second by Wagner to approve Resolution 94-031 calling for the sale of
General Obligation Improvement Bonds, Series 1994A.
Motion carried unanimously
B. Resolution 94-029 is in regard to the Public Works 1994-1995 Union Agreement.
Motion by Enrooth, second by Wagner to approve Resolution 94-029 ratifying the 1994-1995
union agreement for the Public Works Department.
Motion carried unanimously
Councilmembers thanked the Interim City Manager for working on this issue.
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT
Motion by Marks, second by Wagner to adjourn the meeting at 7:40 P.M.
Respectfully Submitted,
Karen M. Long, Council Secretary
Mayor
Attest: , City Clerk
alitth0�
iI 1e
DATE: May 10, 1994 APPROVAL:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Contractors License:
Big-A Service, Minneapolis, MN
Palani Construction Inc., Minneapolis, MN
Bernie Zebro Cement Company, Minneapolis, MN
•
Garbage Haulers License:
Waste Management - Blaine
I � _
t
I
ru:r.0
�l•1i4N1�
GARCEAU HARDWARE & POWER EQUIPMENT
,oyv^E�4E 3429 CErten•ille Rd. St. Paul. MN 55127
Phone 483.0292
CUSTOMER 5 ORDER NO. P-..OI.E CITE
ADDRESS
y�
SOLD SY --CASH C.O.D. CHARGE ON AGCi. MDSE REiD. PAID OJT
QTY. DESCRIPTION PRICE AMOUNT
AMOUNT
_. . _ 7 _.r: .
J. - - -
. &i-
TAX
RECEIVED BY TOTAL
1 All claims and returned goods
Mc-�/ ��
nu
310 96 wUST be accompanied by this bill. 51'anfi
1 IN.D[ FNEil • 611 CEA71 L-1. MN 57110 •1057.! D•11
CALGON CARBON CORPORATION ORIGINAL INVOICE
CA LG O N o.EkSE REvEREN:E OUR pR13-,AL Ivv7i--E
P.O. BOX 717, PITTSBURGH, PA 15230-0717 tJM9ER 0%Y,O JP ASUMANCE
-' (412)767.6700 1-(800)422.7266
_ccSc FEM.T TO.
•:.3•r:Y+�9i TSF h7
•PF'iT.rtgv6 qzom
INVOICE TO SHIPPED TO
I.� ~.t i �i. .J 1 11.�1 Il�,It Ir L i 1 .� .7 1 1:.�
_ IF,
_ _ T
3l)1 C.LT IJ�.r. ..fii� l:til �..�ilJi �tti�,IJTi T ni, :l
A. i � it �l H 1 Li'. 1.ii:•.Z`I i�.'ii .
Jrz 5''tl� .r'Ji •i l:. . ..12 -ii.�
f
L QUANTITY UNR PROV=T CODE DESCRIPTIOII UNIT PRICE AMOUNT
;G 0 T 24'3000 2:00 BULK 3
IF AT ANY TIME OUR PRODUCTS OR SERVICES DO NOT
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR
IF YOU WOULD LIKE TO SUGGEST ANY IDEAS FOR
IMPROVEMENT, PLEASE CALL US AT 1-800-548-1999
DATEDUE 18--,.jAy-1994 • :;�::�,7. .8Q
DRU I I I-F(E)R".4413 CUSTOMER
CALGON CARBON CORPORATION ORIGINAL INVOICE
CA LG O N P-EA-SE REv-cREN--E OUR OR*I'�l IWO-.E
P.O. BOX 717, PITTSBURGH, PA 15230-0717 %;;SEP O"-Our,RENrT'AY'M
- wi�-FiM6D'•CORP^jPLT,ON
(412) 787-6700 1-(800)422.7266
`S`-RrM.7 TO: Departdent L986P, Pittshur h PA 15264-0986
.r.1>M.2 •J'o e:.:-•5_x.�: ���}.'i.S.�.:a.t w.._'
61881201 PER CONTRACT 119—APR-1994 127—APR-1994 MUC43X 851881201
iAE.]•n T4✓i S_.eatC fg7,1
re—Pay De Catlettsburg, KY 41129 CC/MCT-2
ISHIPPED TO
INVOICE TO
r 43902200 143 F_ 43902200
CITY OF ST ANTHONY CITY OF ST ANTHONY
3301 SILVER LAKE RD 3301 SILVER LAKE RD
ATTN; LARRY HAMER ATTN; LARRY HAMER
ST ANTHONY, MN 55418 ST ANTHONY, MN 55418
L L
OUANTTTT UNIT PRODUCT CODE DESCRIPTION UNIT PRIDE tVOUNT
300 BULK 0.89 35279.60
IF AT ANY TIME OUR PRODUCTS OR SERVICES DO NOT
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR
IF YOU WOULD LIKE TO SUGGEST ANY IDEAS FOR
IMPROVEMENT, PLEASE CALL US AT 1-800-548.1999
DATE DUE 19—MAY-1994 35279.GO
"oR,a"'��Rem 4" CUSTOMER
DORSEY & WHITNEY
A P.&T%La& l• P.I.t"-D—L C1u190—
P.O. BOX 1650
MINNEAPOLIS. MINNESOTA 55480-1650
(612) 340-2600
IT..IAt.1-f-c.do.No.41-012'.M71
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, Minnesota
Attn: Mr. Larry Hamer, Acting City Manager April 21, 1994
3301 Silver Lake Road Invoice No. 359973
Minneapolis NN 55418
For Legal Services Rendered Through 03/31/94
Matter: 47
General
Realty World Sign $70.00
Mary T. , Inc. $525.00
3112 Silver Lake Road $115.00
Parkview School Property $180.00
32nd Avenue & 9illdale Avenue Property $320.00
Review agenda materials and minutes; discussions
with City Manager $220.00
Total For Legal Fees $1,430.00
Plus Disbursements Per Attached $145.45
Total This Statement $1,575.45
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
LAW OFFICES STATEMENT OF ACCOUNT
HANCE & LEVAHN
SAINT ANTHONY NATIO%AL SANA BUILDING.SUITE 200 05/02/94
2601 LOWRY AVENUE NORTHEAST
MINNEAPOLIS.MINNESOTA 55418
Invoice #2390
City of St. Anthony PLEASE DETACH AND RETURN THIS
3301 Silver Lake Road PORTION WITH YCUR REMITTANCE.
St. Ant::ony, 1-11N 55418
Attn: Thoimas D. Burt, City Manage
AMOUNT REMITTED S
In reference to: (M) Village Prosecutions
--------------------------------------------
For professional services rendered $2, 400 . 00
Previous balance $2, 400.00
04/14/94-Payment - thank you ($21400 . 00 )
Balance due $2, 400 . 00
Legal services rendered for the month of May, 1994,
relative to St. Anthony prosecutions .
STUART J. BONNIWELL
Ce�7ifred P:4blic AccouWa»t
7101 York Avenue South
Minneapolis, Minnesota 55435
(612) 921-3354
April 20, 1994
Mr. Roger A. Larson, Sr.
Finance Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Professional Services Rendered:
Progress billing in connection with the audit of
the financial statements of the City of St. Anthony
for the year ended December 31 , 1993 $8,500.00
Less portion allocated to Liquor Fund (2,500.00)
Balance Due $6,000.00
The Brimeyer GrOuPiffic.
EXECUTIVE SEARCH CONSULTANTS
One Tenth Ave. South
Hopkins,MN 55343
INVOICE
In Account Wth:
THE BRIKEYER GROUP, INC.
EXECUTIVE SEARCH CONSULTANTS
ONE TENTH AVENUE SOUTH
HOPKINS, MINNESOTA 55343
#186B April 26, 1994
Air. Roger Larson
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Professional Fee Due Now: $3,666.00
Progress Payment for City Manager Search.
Balance plus Expenses to be invoiced.
DUE UPON PRESENTATION
(612)945-0246 • fax(612)933-1153
BRC FINANCIAL SYSTEM _ ST. ANTHONY VILLAi
04%25j94 11 :59 Check Register GL540R-VO4. 15 PAGE
SANK VENDOR CHECK# _ DATE _ _ AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
000030 " 'A & ' B SPORTING GOLDS 6385 05%11/94 41 . 54
000236 A T & T 6386 05/11/94 20. 41
000235 A T & T INFORMATION SYST 6387 05/11/94 60.31
000120 AMERICAN LINEN 6368 05/11/94 13.30
.00001 ARRIJW AUTO & TRUCK PARTS 6389 05/11/94 149.80
000270_ BANYON DATA SYSTEMS_ _ _6390. 05/11/94_ ,_ 602. 74
.00001 BENSON/FRANCES 6391 05/11/S4 100.00
.00002 BLUEBAUGH/DEWAYNE 6392 05/11/94 50.00
008153_ BOB 'S PERSONAL COFFEESE_ _ 6393 05/11/94 _ _ 58.72
� � 007.168 BOYEF2TRUCICPAFtTS 6394. 05/11/94 12.01
007302 BRAKE & EQUIPMENT WAREHO 6395 05/11/94 30.73
002335 CELLULAR ONE 6396 _05/11/94_ _ 240. 19__
005198 CENTRAL LOCK & SAFE CO^ 6397 05%11/94 99.80
000655 CLAREY'S SAFETY EQUIPMEN 6398 05/11/94 549. 16
000_685_ _COAST TO COAST 6399_05/11/94 _ 12_5.37__
000690 COLOR TILE 6400 05/11/94 2,447 .82
008190 CRABTREE COMPANIES, INC. 6401 05/11/94 108.50
005204 DEPT PUBLIC SAFETY 6402 05_/_11/94 270.00
000200 EARL ANDERSON ASSOC 6403 05/11/94 325.48
005159 EDDY BROTHERS CO 6404 05/11/94 85.41
00_5251 FIRE INSTRUCT MN _ _6405 05/11/94__ 5.00
000967 FLAFiERTY EQUIP CORP 6406 05/11/94 21 .09
000980 FLEXIBLE PIPE TOOL CO 6407 05/11/94 290.00
_ .00003 FLOREN/B_RY_A_N 6408 05/11/94 _ 50.00
_ _
008186 FRANK/TODD 6409 05/11/94 8.70
001025 G & K SERVICES 6410 05/11/94 71 .97
_ _001030 G & K_SE_RVICES___ 6411_05/11/94 _ 151 .41
608030 GIRARD'S BUS MACH INC 6412 05/11/94 135.69
001505 HENN CO SHERIFF 6413 05/11/94 364.42
0081_87 HENNEPIN COUNTY TREASURE 6414 05/11/94 2, 182.00
007066 HENNEPIN 'TECHNICAL COLL 6415 05/11/94 333.45
007328 HOFFER'S, INC. 6416 05/11/94 140.58
_001_541 HOW_E COMPANY/THE _ _ 641_7_05/11/9474.28
001580 HYDRAULIC SPECIALITY CO 6418 05/11/94 _ 73.91
005067 INDEPENDENT SCHOOL DIST 6419 05/11/94 1 ,875.44
001680 J_C AUTO SUPPLY _ _ 64_20_05/11/9_4 44.78____
008188 JOHNSON/CARL 6421 05/11/94 26. 10
001810 KIWANIS CLUB 6422 05/11/94 131 .50
_ 000715 LEEF BR_OS _ _ 6423 05/_ll_/943.43_
002040 LILLIE SUBURBAN NEWSPAPE 6424 05/11/94 _ 42.90
008189 MEDICINE LAKE LINES 6425 05/11/94 81 .71
00224_0_ METRO_WASTE_CONTROL _ 6_426 0_5/1_1/94 39_ ,719.00
P 27 0
002280 MIDWEST ASPHALT COR645/11/94 88.46
000045 MIDWEST BUSINESS PRODUCT -, 6428 05/11/94 : 340.98
002060 MINNESOTA BOLT & NUT_ COM-: _ 6429 05/11/94 36.33
007131 MN DEPT OF HEALTH 6430 05794 15.00
005232 MURPHY RADIATOR 6431 05/11/94 165.48
`'� 002680 NORTHERN STATES POWER 6432 05/11/94 3,625.89
BRC FINANCIAL SYSTEM _ __ ST. ANTHONY VILLA(
04 25/94 11:59 Check Register GL540R-VO4. 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT _
FIRS FIRSTAR ST. ANTHONY CHECKING
007043 NORTHERN STATES POWER 6433 05/11/94 2, 110.00
007317 NORTHERN WATER WORKS SUP 6434 05/11/94 270. 31
007329 0 L E 0 6435_05/1194 _ 144_.00
0080$6
------ - -- .OFFICE.. - "-I"iAX- -------- - _ - 6436 05/11/94 + 6.43
- -
.00004 PAQUETTE MAINTENANCE INC 6437 05/11/94 586.86
007331 PAQUETTE MAINTENANCE. IN_ 64_3_8_05/11/9_4 1 , 171_.50_
007217 PARTS PLUS _ 6439 05/11/94 58. 11
005248 RITZ CAMERA CENTERS/STOR 6440 05/11/94 96.81
003080RO_LLINS OIL CO_ ______ _6441 05/1.1f 94 4.61
003100 ROSEDALE CHEVROLET 6442 05/11/94 3.07
003315 SERCO LABORATORIES 6443 05/11/94 105.00
_ 008105 SPACELABS INC 6444 05j11/94 131_20
003460 SPRING LAKE PARK LUMBER 6445 05/11/94 23.90
005191 STEWARTS BLDG MART 6446 05/11/94 283. 16
003490 STREICHER'S 6447 05/11/94 181 .20____
007181 SUBURBAN PROPANE 6448 05/11/94 10.00
005273 TESSMAN SEED & CHEMICAL 6449 05/11/94 182.00
_ 003560 TRACY PRINTING 6450 05/11/94 92.00
007330 TRI STATE BOBCAT, INC. 6451 05/11/94 9.99
007044 TWIN CITY JANITOR SUPPLY 6452 05/11/94.. 162.92
003735 WASTE MGMT _6453 05 11 94 _152.4_1
J .00005 WESTERN WATER MGMT_ INC_ . 6454 05/11/94 1 ,805.59
FIRSTAR ST. ANTHONY CHECKING _ 63,081 .86
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
04/27/94 10:41 Check Register GL540R-VO4. 15 PAGE 1
0 ANK VENDOR CHECK# DATE AMOUNT
-t IBRrtI=OR-CH£CKI N G-ACCOUN T
004016 AMERICAN RISK SERVICES 5652 04/28/94 273.00
004027_,ARONSONJTIMOTH Y- --5653-04[28/94 ----40-.00---
004040 BOYD HOUSER CANDY & TOBA 5654 04/28/94 1 ,259.74
004059 CARLSON/CARY 5655 04/28/94 300.00
-004062--CE L-L-UI:AR--ON E---- ----56S6-04-/28/94------
004065
565604/28/94--__004065 CENTRAL LOCK & SAFE CO 5657 04/28/94 91 .75
004080 CITY COUNTY FED CREDIT U 5658 04/28/94 10.00
-004085--C I-T-Y-Of---ST-ANT HON Y 5659-04/28/94- 87-1 ..-06---
004098 COMMERCIAL LIFE INS CO 5660 04/28/94 17.00
004101 COMMERS 5661 04/28/94 46.21
00A 1.08---DAN-'S-REGI ST ER-S ERV I-C E 5662-04/28/94 42.39
004111 DATA & TEL COMMUNICATION 5663 04/28/94 54.94
004109 DENTICARE 5664 04/28/94 54.06
0041-2 -- EAGtE-WINE---CO 566-5-04/28-/9 1-58---
004130 ECOLAB 5666 04/28/94 59.95
004139 FARMER BROS CO 5667 04/28/94 44.39
00-441-0 F-IRSTAfZ-ST At4-THONY-BAN 5668-04-/28-/94--1-5,000:00-
.00001 FRANK/TODD 5669 04/28/94 300.00
.00002 G T E DIRECTORIES 5670 04/28/94 499. 50
004-175--GR-IGGS-COOPER-&-CO-1-N 6-71-04/2$/-94- 47500-.28-
004185.
7500 8 -
004185 GROUP HEALTH PLAN INC 5672 04/28/94 862.88
004208 I C M A RETIREMENT TRUS 5673 04/28/94 20.00
000o.3-J-. CiA'JT-O 'SUPP �7-4-0-462f"4 3 -05
004220 JOHNSON WINE CO 5675 04/28/94 3,419.84
004225 KRAFT FOODSERVICE 5676 04/28/94 628. 17
004233--tANGR�DGE-/M-I56-7-7-046'2869 65.00---
.00004 LARSON/BRAD 5678 04/28/94 300.00
004234 LMCIT 5679 04/28/94 193.01
ME�I-CA-CHGME68047 28-/94x;572.01 -
004272 METZ BAKING CO 5681 04/28/94 22.58
004274 MIDWEST BUSINESS PRODUCT 5682 04/28/94 109.33
004310--M I N N--Ue---FUN 68-5-0*/-28-/9 --
. 004313 MUZAK 5684 04/28/94 74.30
004317 NARDINI FIRE EQUIPMENT C 5685 04/28/94 80.95
- 00433-4--NORTHEASTE 5686-0.4/28/94 226-.25--
004335 NORTHERN STATES POWER 5687 04/28/94 4,547.38
.00005 PERFECT FORMS 5688 04/28/94 205. 18
004360- PH-I L-1=I PS-AND-SONS-1COMPAN -5689-04/-28/94-7-665-.49
004376
5689-04/28/94 7,665.49004376 PRIOR WINE CO 5690 04/28/94 99.32
004377 PROCLEAN 5691 04/28/94 239.63
OD4379 PROGRAMMERS-CtEAR-ING-H 5692-04-/28-/9 450.00- --
004385 QUALITY WINE CO 5693 04/28/94 982.09
004404 ST. A. LIQUOR #2 PC 5694 04/28/94 93.80
004285 STAR-TR38UN E 5695-0418-19 al-. 10-
004492 U S WEST COMMUNICATIONS 5696 04/28/94 596.86
004491 UNITED WAY 5697 04/28/94 15.00
0042-70--VANY0--t-i T 698-04�25/9 i l .97
004497 WILKINSON/BRADFORD 5699 04/28/94 80.00
.LIQUOR-CHECKING-ACCOUNT
RC FINANCIAL SYSTEM ST . ANTHONY VILLAGI
5/06/94 10: 46 Check Register GL540R-VO4. 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004059 CARLSON/GARY 5521 04/30/94 300 . 00
004027 ARONSON%TIMOTHY 5522 04/30/94 80 . 00
004059 CARLSON/CARY 5523 04/30/94 300. 00
0044411 FIRSTAR ST ANTHONY BANK 5524 04/30/94 15,000 . 00
004203 HIGHWOOD FOODSERVICES, I 5525 04/30/94 3.5 . 83
004231 LANGRIDGE/MIN 5526 04/30/94 65. 00
004250 LUNDGREN/MATTHEW H . 5527 04/30/94 40. 00
004401 ST . A. LIQUOR #1 PC 5528 04/30/94 34 .52
004404 ST . A. LIQUOR #2 PC 5529 04/30/94 47 . 99
004404 ST . A. LIQUOR #2 PC 5530 04/30/94 41 .81
004027 ARONSON%TIMOTHY 5586 04/30/94 40.00
004040 BOYD HOUSER CANDY & TOBA 5587 04/30/94 1 ,549.17)6
004059 CARLSON/CARY 5588 04/30/94 300.00
004120 EAGLE WINE CO 5589 04/30/94 757 . 35
004125 EAST SIDE BEVERAGE CO 5590 04/30/94 35,574 . 10
004130 ECOLAB 5591 04/30/94 120.37
004410 FIRSTAR ST ANTHONY BANK 5592 04/30/94 15,000.00
004162 GLENWOOD INGLEWOOD 5593 04/30/94 15. 35
• 004175 GRIGGS COOPER & CO INC 5594 04/30/94 5,330. 45
604220 JOHNSON WINE CO 5595 04/30/94 6,014. 58
004225 KRAFT FOODSERVICE 5596 04/30/94 895. 19
004230 KUETHER DISTRIBUTING_ CO 5597 04/30/94 37,594.05
004272 METZ BAKING CO 5598 04/30/94 72.58
004290 MINNEGASCO 5599 04/30/94 1 ,211 . 53
004353 PAQUETTE MAINTENANCE, IN 5600 04/30/94 806.74
004354 PAUSTIS & SONS 5601 04/30/94 110.00
004360 PHILLIPS AND SONS COMPAN 5602 04/30/94 6 , 181 . 12
004376 PRIOR WINE CO 5603 04/30/94 1 ,818.67
004385 QUALITY WINE CO 5604 04/30%94- 6, 100.41
004390 REX DISTRIBUTING CO 5605 04/30/94 9,624.32
004400 ST ANTHONY LIQUOR #1 5606 04/30/94 18.20
604465 SURGE WATER CONDITIONING 5607 04/30/94 35. 70
004466 SYSCO-MINNESOTA 5608 04/30/94 194 .57
004475 TRI TECH DISPENSING 5609 04/30/94 263. 39
004231 LANGRIDGE/MIN 5610 04/30/94 65.00
004250 LUNDGREN/MATTHEW H . 5611 04/30/94 80.00
004009 AETNA LIFE & CASUALTY 5612 04/30/94 400.98
004027 ARONSON/TIMOTHY 5613 04/30/94 40.00
004040 BOYD HOUSER CANDY & TOBA 5614 04/30/94 2,298.70
004059 CARLSON/CARY 5615 04/30/94 300.00
1 .
004080 CITY COUNTY FED CREDIT U 5616 04/30/94 10.00
004100 COMMISSIONER OF REVENUE 5617 04/30/94 649. 59
004120 EAGLE WINE CO5618 04/30/94 446.23
004410 FIRSTAR ST ANTHONY BANK 5619 0430%94 3,857 . 79
004411 FIRSTAR ST ANTHONY BANK 5620 04/30/94 15,000.00
004175 GRIGGS COOPER & CO INC 5621 04/30/94 5,027. 16
004202 HENN -CTY SUPPORT & COLL 5622 04/30/94 203.99
004208 I C M A RETIREMENT TRUS 5623 04/30/94 20.00
•BRC FINANCIAL SYSTEM ST . ANTHONY VILLAG
05/06/94 10: 46 Check Register GL540R-VO4. 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004220 JOHNSON WINE CO 5624 04%30/94 26 , 960 . 03
004225 KRAFT FOODSERVICE 5625 04/30/94 865 . 59
0042.31 LANGRIDGE/MIN 5626 04,/30/94 65. 00
004250 LUNDGREN/MATTHEW H . 5627 04/30/94 80.00
004272 METZ BAKING CO 5628 04/30/94 63. 78
004380 PUBLIC EMPLOYEE RETIREME 5629 04/30/94 60.00
004360 PHILLIPS AND SONS COMPAN 563.0 04/30/94 2, 129. 45
004376 PRIOR WINE CO 5631 04/30/94 177 . 69
004380 PUBLIC EMPLOYEE RETIREME 5632 04/30/94 1 , 514 . 92
004385 QUALITY WINE CO 5633 04/30/94 1 ,962 . 18
004491 UNITED WAY 5634 04/30/94 15.00
LIQUOR CHECKING ACCOUNT 207 ,866.26 **
•
CITY OF ST. ANTHONY
RESOLUTION 94-034
A RESOLUTION APPROVING THE LEASE BETWEEN THE
CITY OF ST. ANTHONY AND AGA KHAN CULTURAL CENTER
AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER
TO EXECUTE LEASE ON BEHALF OF THE CITY
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Lease between the City and Aga Khan Cultural Center and
authorizes the Mayor and Interim City Manager to execute said Lease on
behalf of the City.
Adopted this day of .91994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
LEASE
THIS AGREEMENT, made this day of 19_,
by and between the CITY OF ST. ANTHONY, a municipal corporation under the
laws of the State of Minnesota, (hereinafter called "Landlord") and AGA KHAN
CULTURAL CENTER, aka H. H. PRINCE AGA KHAN SHIA IMANI ISMAILI COUNCIL
FOR MIDWESTERN U.S.A. (hereinafter called "Tenant"),
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinafter mentioned,
does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire
and take from the Landlord the following described premises located in the County of
Hennepin and the State of Minnesota, viz:
That portion of the building (hereinafter called the "Building") located at 3301 Silver
Lake Road, crosshatched on Exhibit 1 attached hereto and made a part of (hereinafter
called the "Leased Premises").
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on
the part of said Landlord of making any alterations, improvements or repairs of any
kind on or about the said premises save as provided herein, for the term of twenty-
four (24) months commencing August 1, 1994, unless terminated at an earlier date
as hereinafter provided.
ARTICLE 1 . RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road,. St. Anthony, Minnesota
55418, or at such other address as may be designated by Landlord, without
prior demand and without any deduction or set-off, annual rent in the amount
of $12,600, payable in monthly installments of $1 ,050 each for the period
August 1, 1994 to July 31, 1995, and annual rent in the amount of $13,230,
payable in monthly installments of $1 ,102.50 each for the period August 1 ,
1995 to July 31, 1996.
ARTICLE 2. TERM.
The term of this lease shall be twelve (24) months commencing on August 1,
1994 and terminating on July 31, 1996 unless terminated at an earlier date as
hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, trash pick up, and snow plowing, but Landlord shall not
be liable for any loss or damage caused by or resulting from any variation,
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 2
strikes, or conditions or events not.under Landlord's control shall be deemed as
an eviction of the Tenant or relieve the Tenant from any of the Tenant's
obligations hereunder.
ARTICLE 4. NON-LIABILITY OF LANDLORD.
Landlord shall not be liable to Tenant or those claiming through or under
Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any
damage for failure to furnish services or utilities, the necessity for repairs or
improvements to such services, fire, explosion, strikes, or any causes beyond
Landlord's reasonable control; nor shall Landlord be liable for personal injuries,
death, or any damage from any cause in or about the leased premises or the
building within same are located, including the parking area, and without
limiting the generality of the foregoing, any personal injuries, death or damage
resulting from the use or escape of gas, water, steam, electricity, air
conditioning or other agency, or due to fire, explosion or action of the elements.
Landlord shall have no responsibility or liability for loss or damage to fixtures,
facilities or equipment installed or left on the premises. Tenant agrees to place
and maintain throughout the term hereof at its sole expense, such fire and other
casualty insurance covering Tenant's property as Tenant deems appropriate in
Tenant's reasonable discretion. Tenant further agrees to place and maintain
throughout the term hereof, comprehensive general liability insurance covering
the leased premises and providing insurance coverage with minimum amounts
of liability for bodily injury to one person in the amount of Five Hundred
Thousand Dollars ($500,000.00) and for bodily injury to any group of persons
in the amount of Five Hundred Thousand Dollars ($500,000.00) and for
property damage in the amount of One Hundred Thousand Dollars
($100,000.00). Landlord and Tenant each expressly waive any right of
recovery against each other for any losses caused by or resulting from any acts
of negligence or carelessness of the other, to the extent that such losses might
arise from fire or any other peril covered by any policy of insurance.
ARTICLE 5. CARE OF PREMISES.
Tenant agrees:
1) to keep the leased premises in as good condition and repair as they
were in at the time Tenant took possession of same; reasonable wear
and tear and damage from the fire and other casualty, for which
insurance is normally procured, excepted;
2) to keep the leased premises in a clean and sanitary condition;
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 3
3) not to commit any nuisance or waste on the leased premises, throw
foreign substances in plumbing facilities, or waste any of the utilities
furnished by Landlord;
4) if Tenant shall fail to keep and preserve these premises in the state of
condition required by the provisions of this Article, the Landlord may, at
its option, put or cause the same to be put into the condition and state
of repair agreed upon, and in such case, the Tenant, on demand, shall
pay the cost thereof;
6) Tenant agrees to abide by such Rules and Regulations as may be
reasonably promulgated by Landlord.
Tenant shall erect no signs on the leased premises without the prior written
permission of the Landlord. Landlord shall be responsible for the maintenance
and repair of structural members, walls, footings and the roof of the building of
which the leased premises are a part, subject, however, to the provisions of
Article 11 . Tenant shall- be responsible for all other maintenance, repair and
replacement necessary for use of the leased premises; the Landlord shall be
responsible for maintenance of the parking area, including snow plowing, and
for an adequate level of security lighting.
ARTICLE 6. USE.
Tenant shall use the leased premises for meetings and religious or other
gatherings for the Aga Kahn Cultural Center and for no other purpose. Tenant
agrees not to commit or permit any act to be performed on the premises or any
omission to occur which will be in violation of any statute, regulation or
ordinance of any governmental body or which will increase the insurance rates
on the building which will be in violation of any insurance policy carried on the
premises by the Landlord. The Tenant shall not disturb other occupants of the
building by making any undue or unseemly noise or otherwise, and shall not do
or permit to be done in or about the leased premises anything which will be
dangerous to life, limb or property.
ARTICLE 7. INSPECTION AND REPAIRS.
The Landlord or its employees or agents shall have the right to enter the
premises at all reasonable times, for the purpose of inspection, cleaning,
repairing, altering or improving the same or said building, but nothing contained
in this lease shall be construed so as to impose any obligation on the Landlord
to make any repairs, alterations or improvements.
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 4
ARTICLE 8. ALTERATIONS.
Tenant will not make any alteration, additions or improvements in or to the
leased premises or add, disturb or in any way change any plumbing or wiring
therein without the prior written consent of the Landlord as to the character of
the alterations, additions, or improvements to be made, the manner of doing the
work, and the persons to do the .work. In the event that such prior written
consent is granted, Tenant agrees to make such alterations, additions or
improvements at its own sole expense, and warrants to Landlord that all such
alterations, additions, or improvements shall be.in strict compliance with all
relevant laws, ordinances, governmental regulations and insurance
requirements.
The Tenant shall be responsible for the purchase and installation of any
additional air conditioning units, other than those already provided, the cost of
changing the combination on the vault, the cost of purchasing and installing any
new locks, any improvements to the landscaping of the building and the
installation of carpeting and drapes, if desired.
ARTICLE 9. COMMON AREAS.
Tenant is hereby granted the nonexclusive right to use the driveways, parking,
sidewalks, hallways and restrooms serving the Building in connection with
Tenant's use of the leased premises and subject to the provisions of this Lease
and any rules and regulations established by Landlord.
ARTICLE 11 . ASSIGNMENT OR SUBLETTING.
Tenant agrees to use and occupy the leased premises throughout the entire
term hereof for the purpose or purposes herein specified, and for no other
purposes, in the manner and to substantially the extent now intended, and not
to assign this Lease or sublet said premises, or any part thereof, whether by
voluntary act, operation of law, or otherwise, without obtaining the prior
written consent of Landlord in each instance; Tenant shall seek such written
consent by a written request therefor, setting forth such information as
Landlord may desire. In the event that a bona fide sub-tenant or assignee is
proposed to Landlord by Tenant, and Landlord is unwilling to consent to such
proposed sub-tenancy or assignment, Landlord shall have the right, at
Landlord's sole discretion, to terminate this lease upon thirty (30) days written
notice to Tenant in lieu of consenting to such proposed sub-tenancy or
assignment. Consent by Landlord to one assignment of this Lease or to one
subletting of the leased premises shall not be a waiver of Landlord's rights
under this Article as to any subsequent assignment or subletting. Landlord's
rights to assign this Lease are and shall remain unqualified.
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 5
Landlord may desire. In the event that a bona fide sub-tenant or assignee is
proposed to Landlord by Tenant, and Landlord is unwilling-to consent to such
proposed sub-tenancy or assignment, Landlord shall have the right, at
Landlord's sole discretion, to terminate this lease upon thirty (30) days written
notice to Tenant in lieu of consenting to such proposed sub-tenancy or
assignment. Consent by Landlord to one assignment of this Lease or to one
subletting of the leased premises shall not be a waiver of Landlord's rights
under this Article as to any subsequent assignment or subletting. Landlord's
rights to assign this Lease are and shall remain unqualified.
ARTICLE 12. DAMAGE BY FIRE OR OTHER CASUALTY.
If fire or other casualty shall render the leased premises untenantable, this
Lease shall terminate forthwith, and any prepayments of rent shall be refunded
by the Landlord pro-rate; provided, however, that if the premises can be
repaired within ninety (90) days from the date of such event, then at Landlord's
option by notice in writing to Tenant mailed within thirty (30) days after such
damage or destruction, this Lease shall remain in full force and effect, but the
rent for the period during which the premises are untenantable shall be
discounted pro-rata.
ARTICLE 13. EMINENT DOMAIN.
If such a portion of the leased premises are taken by any public authority under
the power of eminent domain as to render the remaining portion unsuitable for
the purposes intended hereunder, then the term of this Lease shall cease as of
the day possession shall be taken by such public authority, and Landlord shall
make a pro-rata refund of any rent that may have been paid in advance. All
damages awarded for such taking under the power of eminent domain shall
belong to and be-the property of Landlord, irrespective of the basis upon which
they are awarded.
ARTICLE 14. SURRENDER.
On the last day of the term of this Lease or on the sooner termination thereof,
Tenant shall peaceably surrender the leased premises in good condition and
repair consistent with Tenant's duty to make repairs as provided in Article 5
hereof. On or before the last day of the term of the lease or the sooner
termination thereof, Tenant shall at its expense remove all of its equipment
from the leased premises, and any property not removed shall be deemed
abandoned. Tenant shall reimburse Landlord for any expenses incurred by
Landlord with respect to removal or storage of abandoned property. All
- alterations, additions and fixtures, other than Tenant's equipment, which have
been made or installed by either Landlord or Tenant upon the leased premises
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 6
ARTICLE 15. NON-PAYMENT OF RENT: DEFAULTS.
If any one or more of the following occurs, (1) a rent payment from Tenant to
Landlord shall be and remain unpaid in whole or in part for more than fifteen
(15) days after notice from the Landlord; (2) Tenant shall violate or default any
of the other covenants, agreement, stipulations, or conditions herein, and such
violation or default shall continue for a period of ten (10) days after written
notice from Landlord of such violation or default; or (3) if Tenant shall be
adjudged bankrupt or file a petition in bankruptcy or otherwise indicates
insolvency or. becomes insolvent; then it shall be optional for Landlord to
declare this Lease forfeited and -the said term ended, and to re-enter said
premises, with or without process of law, using such force as may be
necessary to remove all persons or chattels therefrom, and Landlord shall not
be liable for damage by reason of such re-entry or forfeiture; but
notwithstanding re-entry by Landlord or forfeiture or termination of this Lease,
the liability of Tenant for the rent provided for herein shall not be relinquished
or extinguished for the balance of the term of this Lease. Tenant will pay, in
addition to the rentals and other sums agreed to be paid hereunder, such
additional sums as the court may adjudicate reasonable as attorney's fees in
any suit or action instituted by Landlord to enforce the provisions of this Lease,
or the collection of the rentals due Landlord hereunder.
ARTICLE 16. HOLDING OVER.
In the event Tenant remains in possession of the premises herein leased after
the expiration of this Lease and without the execution of a new lease, it shall
be deemed to be occupying said premises as a tenant from month to month,
subject to all the conditions, provisions, and obligations of this lease insofar as
the same can be applicable to a month-to-month tenancy.
ARTICLE 17. COVENANTS TO HOLD HARMLESS.
Except in the case of negligence of Landlord, its agents or employees, Tenant
agrees to hold Landlord harmless for any liability for damages to any person or
property in or about the leased premises. All property kept, stored, or
maintained in the leased premises shall be so kept, stored, or maintained at the
sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any
labor, services, materials, supplies or equipment furnished or alleged to have
been furnished to Tenant in or about the leased premises which may be secured
by any mechanic's, materialmen's or other lien against the leased premises or
the Landlord's interest therein and will cause each such lien to be discharged
at the time performance of any obligation secured thereby matures, provided
that Tenant may, upon depositing and maintaining with Landlord a sum
reasonably satisfactory to Landlord to protect Landlord's interest in the leased
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 7
property in or about the leased premises. All property kept, stored, or
maintained in the_leased premises shall be so kept, stored, or maintained at the
sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any
labor, services, materials, supplies or equipment furnished or alleged to have
been furnished to Tenant in or about the leased premises which may be secured
by any mechanic's, materialmen's or other lien against the leased premises or
the Landlord's interest therein and will cause each such lien to be discharged
at the time performance of any obligation secured thereby matures, provided
that Tenant may, upon depositing and maintaining with Landlord a sum
reasonably satisfactory to Landlord to protect Landlord's interest in the leased
premises from such lien, contest such lien, but if such lien is reduced to final
judgement or process thereon is not stayed, or if stayed and said stay expires,
then and each such event Tenant shall forthwith pay and discharge said
judgement. Landlord shall have the right to post and maintain on the leased
premises, notices of non-responsibility under the laws of Minnesota.
ARTICLE 18. SUBORDINATION.
Tenant agrees that this Lease shall be subordinate to any mortgages or trust
deeds now on or hereafter placed upon said premises and to any and all
advances to be made thereunder, and to the interest thereon, and all renewals,
replacements, and extensions thereof.
ARTICLE 19. GENERAL._
This Lease does not create the relationship of principal and agent or of
partnership or of joint venture or of any association between Landlord and
Tenant, the sole relationship between Landlord and Tenant being that 'of
landlord and tenant. No waiver of any default of Tenant hereunder shall be
implied from any omission by Landlord to take any action on account of such
default if such defaultpersists or is repeated, and no express waiver shall affect
any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. Each term and each provision of
this Lease performable by Tenant shall be construed to be both a covenant and
a condition. All preliminary negotiations are merged into and incorporated in
this Lease. This Lease can only be modified or amended by an Agreement in
writing, signed by the parties hereto. All provisions hereof shall be binding
upon the heirs, successors and assigns of each party hereto. Any notice
required to be served in writing hereunder shall be mailed to the parties at the
addresses set out after their respective signatures. Any and all indebtedness
owing by the Tenant to the Landlord pursuant to the terms of this Lease which
remains unpaid for a period of thirty (30) days after it first becomes due and
payable shall bear interest from and after the lapse of such thirty (30) day
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 8
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
For: CITY OF ST. ANTHONY
Date Its Mayor
Date Its Interim City Manager
For: MINNESOTA SWIMMING
Date
CITY OF ST. ANTHONY
RESOLUTION 94-033
A RESOLUTION APPROVING THE LEASE BETWEEN THE
CITY OF ST. ANTHONY AND MINNESOTA SWIMMING
AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER
TO EXECUTE LEASE ON BEHALF OF THE CITY
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Lease between the City and Minnesota Swimming and authorizes
the Mayor and Interim City Manager to execute said Lease on behalf of the
City.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
LEASE
r
THIS AGREEMENT, made this day of 19_,
by and between the CITY OF ST. ANTHONY, a municipal corporation under the
laws of the State of Minnesota, (hereinafter called "Landlord") and MINNESOTA
SWIMMING (hereinafter called "Tenant"),
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinafter mentioned,
does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire
and take from the Landlord the following described premises located in the County of
Hennepin and the State of Minnesota, viz:
That portion of the building (hereinafter called the "Building") located at 3301 Silver
Lake Road, crosshatched on Exhibit 1 attached hereto and made a part of (hereinafter
called the "Leased Premises").
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on
the part of said Landlord of making any alterations, improvements or repairs of any
kind on or about the said premises save as provided herein, for the term of twelve (12)
months commencing August 1 , 1994, unless terminated at an earlier date as
hereinafter provided.
ARTICLE 1 . RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota
55418, or at such other address as may be designated by Landlord, without
prior demand and without any deduction or set-off, annual rent in the amount
of $5,166.00 payable in monthly installments of 5430.50 each.
ARTICLE 2. TERM.
The term of this lease shall be twelve (12) months commencing on August 1 ,
1994 and terminating on July 31, 1995 unless terminated at an earlier date as
hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, trash pick up, and-snow plowing, but Landlord shall not
be liable for any loss or damage caused by or resulting from any variation,
interruption or failure of such services due to any cause beyond its reasonable
control; and no temporary interruption of failure of such services, incident to
the making of repairs, alterations or improvements or due to accidents or
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 2
interruption or failure of such services due to any cause beyond its reasonable
control; and no temporary interruption of failure of such services, incident to
the making of repairs, alterations or improvements or due to accidents or
strikes, or conditions or events not under Landlord's control shall be deemed
as an eviction of the Tenant or relieve the -Tenant from any of the Tenant's
obligations hereunder.
ARTICLE 4. NON-LIABILITY OF LANDLORD.
Landlord shall not be liable to Tenant or those claiming through or under
Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any
damage for failure to-furnish services or utilities, the necessity for repairs or
improvements to such services, fire, explosion, strikes, or any causes beyond
Landlord's reasonable control; nor shall Landlord be liable for personal injuries,
death, or any damage from any cause in or about the leased premises or the
building within same are located, including the parking area, and without
limiting the generality of the foregoing, any personal injuries, death or damage
resulting from the use or escape of gas, water, steam, electricity, air
conditioning or other agency, or due to fire, explosion or action of the elements.
Landlord shall have no responsibility or liability for loss or damage to fixtures,
facilities or equipment installed or left on the premises. Tenant agrees to place
and maintain throughout the term hereof at its sole expense, such fire and other
casualty insurance covering Tenant's property as Tenant deems appropriate in
Tenant's reasonable discretion. Tenant further agrees to place and maintain
throughout the term hereof, comprehensive general liability insurance covering
the leased premises and providing insurance coverage with minimum amounts
of liability for bodily injury to one person in the amount of Five Hundred
Thousand Dollars ($500,000.00) and for bodily injury to any group of persons
in the amount of Five Hundred Thousand Dollars ($500,000.00) and for
property damage in the amount of One Hundred Thousand Dollars
($100,000.00). Landlord and Tenant each expressly waive any right of
recovery against each other for any losses caused by or resulting from any acts
of negligence or carelessness of the other, to the extent that such losses might
arise from fire or any other peril covered by any policy of insurance.
ARTICLE 5. CARE OF PREMISES.
Tenant agrees:
1) to keep the leased premises in as good condition and repair as they
were in at the time Tenant took possession of same; reasonable wear
and tear and damage .from the fire and other casualty, for which
insurance is normally procured, excepted;
2) to keep the leased premises in a clean and sanitary condition;
City of St. Anthony
Minnesota Swimming
- Lease Agreement
Page 3
3) not to commit any nuisance or waste on the leased premises, throw
foreign substances in plumbing facilities, or waste any of the utilities
furnished by Landlord;
4) if Tenant shall fail to keep and preserve these premises in the state of
condition required by the provisions of this Article, the Landlord may, at
its option, put or cause the same to be put into the condition and state
of repair agreed upon, and in such case, the Tenant, on demand, shall
pay the cost thereof;
6) Tenant agrees to abide by such Rules and Regulations as may be
reasonably promulgated by Landlord.
Tenant shall erect no signs on the leased premises without the prior written
permission of the Landlord. Landlord shall be responsible for the maintenance
and repair of structural members, walls, footings and the roof of the building of
which the leased premises are a part, subject, however, to the provisions of
Article 11 . Tenant shall be responsible for all other maintenance, repair and
replacement necessary for use of the leased premises; the Landlord shall be
responsible for maintenance of the parking area, including snow plowing, and
for an adequate level of security lighting.
ARTICLE 6. USE.
Tenant shall use the leased premises for office space and for no other purpose.
Tenant agrees not to commit or permit any act to be performed on the premises
or any omission to occur which will be in violation of any statute, regulation or
ordinance of any governmental body or which will increase the insurance rates
on the building which will be in violation of any insurance policy carried on the
premises by the Landlord. The Tenant shall not disturb other occupants of the
building by making any undue or unseemly noise or otherwise, and shall not do
or permit to be done in or about the leased premises anything which will be
dangerous to life, limb or property.
ARTICLE 7. INSPECTION AND REPAIRS.
The Landlord or its employees or agents shall have the right to enter the
premises at all reasonable times, for the purpose of inspection, cleaning,
repairing, altering or improving the same or said building, but nothing contained
in this lease shall be construed so as to impose any obligation on the Landlord
to make any repairs, alterations or improvements.
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 4
ARTICLE 8. ALTERATIONS.
Tenant will not make any alteration, additions or improvements in or to the
leased premises or add, disturb or in any way change any plumbing or wiring
therein without the prior written consent of the Landlord as to the character of
the alterations, additions, or improvements to be made, the manner of doing
the work, and the persons to do the work. In the event that such prior written
consent is granted, Tenant agrees to make such alterations, additions or
improvements at its own sole expense, and warrants to Landlord that all such
alterations, additions, or improvements shall be in strict compliance with all
relevant laws, ordinances, governmental regulations and insurance
requirements.
The Tenant shall be responsible for the purchase and installation -of any
additional air conditioning units, other than those already provided, the cost of
changing the-combination on the vault, the cost of purchasing and installing any
new locks, any improvements to the landscaping of the building and the
installation of carpeting and drapes, if desired.
ARTICLE 9. COMMON AREAS.
Tenant is hereby granted the nonexclusive right to use the driveways, parking,
sidewalks, hallways and restrooms serving the Building in connection with
_Tenant's use of the leased premises and subject to the provisions of this Lease
and any rules and regulations established'by Landlord; provided, however, that
Landlord may reserve for Landlord's exclusive use not more than 20 existing
parking stalls and any new parking stalls added by Landlord, which stalls
Landlord may mark by a sign or signs indicating Landlord's reservation.
ARTICLE 10. USE OF CAFETERIA AND GYMNASIUM.
If Tenant desires to use the Cafeteria and Gymnasium in the Building, Tenant
will schedule such use through St. Anthony/New Brighton Independent School
District No. 282.
ARTICLE 11 . ASSIGNMENT OR SUBLETTING.
Tenant agrees to use and occupy the leased premises throughout the entire
term hereof for the purpose or purposes herein specified, and for no other
purposes, in the manner and to substantially the extent now intended, and not
to assign this Lease or sublet said premises, or any part thereof, whether by
voluntary act,. operation of law, or otherwise, without obtaining the prior
written consent of Landlord in each instance; Tenant shall seek such written
consent by a written request therefor, setting forth such information as
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 5
ARTICLE 12. DAMAGE BY FIRE OR OTHER CASUALTY.
If fire or other casualty shall render the leased premises untenantable, this
Lease shall terminate forthwith, and any prepayments of rent shall be refunded
by the Landlord pro-rate; provided, however, that if the premises can be
repaired within ninety (90) days from the date of such event, then at Landlord's
option by notice in writing to Tenant mailed within thirty (30) days after such
damage or destruction, this Lease shall remain in full force and effect, but the
rent for the period during which the premises are untenantable shall be
discounted pro-rata.
ARTICLE 13. EMINENT DOMAIN.
If such a portion of the leased premises are taken by any public authority under
the power of eminent domain as to render the remaining portion unsuitable for
the purposes intended hereunder, then the term of this Lease shall cease as of
the day possession shall be taken by such public authority, and Landlord shall
make a pro-rata refund of any rent that may have been paid in advance. All
damages awarded for such taking under the power of eminent domain shall
belong to and be the property of Landlord, irrespective of the basis upon which
they are awarded.
ARTICLE 14. SURRENDER.
On the last day of the term of this Lease or on the sooner termination thereof,
Tenant shall peaceably surrender the leased premises in good condition and
repair consistent with Tenant's duty to make repairs as provided in Article 5
hereof. On or before the last day of the term of the lease or the sooner
termination thereof, Tenant shall at its expense remove all of its equipment from
the leased premises, and any property not removed shall be deemed
abandoned. Tenant shall reimburse Landlord for any expenses incurred by
Landlord with respect to removal or storage of abandoned property. All
alterations, additions and fixtures, other than Tenant's equipment, which have
been made or installed by either Landlord or Tenant upon the leased premises
shall remain as Landlord's property and shall be surrendered with the leased
premises as a. part thereof. If the leased premises be not surrendered at the end
of the term or sooner termination thereof, Tenant shall indemnify Landlord
against loss or liability resulting from delay by Tenant in so surrendering the
premises, including, without litigation, claims made by any succeeding tenant
founded on such delay, and attorneys fees. Tenant shall promptly surrender all
keys for the leased premises to Landlord at the place then fixed for payment of
rent and shall inform Landlord of combinations on any locks and safes on the
leased premises.
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement
Page 6
shall remain as Landlord's property and shall be surrendered with the leased
premises as a part thereof. If the leased premises be not surrendered at the end
of the term or sooner termination thereof, Tenant shall indemnify Landlord
against loss or liability resulting from delay by Tenant in so surrendering the
premises, including, without litigation, claims made by any succeeding tenant
founded on such delay, and attorneys fees. Tenant shall promptly surrender all
keys for the leased premises to Landlord at the place then fixed for payment of
rent and shall inform Landlord of combinations on any locks and safes on the
leased premises.
ARTICLE 15. NON-PAYMENT OF RENT: DEFAULTS.
If any one or more of the following occurs, (1) a rent payment from Tenant to
Landlord shall be and remain unpaid in whole or in part for more than fifteen
(15) days after notice from the Landlord; (2) Tenant shall violate or default any
of the other covenants, agreement, stipulations, or conditions herein, and such
violation or default shall continue for a period of ten (10) days after written
notice from Landlord of such violation or default; or (3) if Tenant shall be
adjudged bankrupt or file a petition in bankruptcy or otherwise indicates
insolvency or becomes insolvent; then it shall be optional for Landlord to
declare this Lease forfeited and the said term ended, and to re-enter said
premises, with or without process of law, using such force as may be
necessary to remove all persons or chattels therefrom, and Landlord shall not
be liable for damage by reason of such re-entry or forfeiture; but
notwithstanding re-entry by Landlord or forfeiture or termination of this Lease,
the liability of Tenant for the rent provided for herein shall not be relinquished
or extinguished for the balance of the term of this Lease. Tenant will pay, in
addition to the rentals and other sums agreed to be paid hereunder, such
additional sums as the court may adjudicate reasonable as attorney's fees in
any suit or action instituted by Landlord to enforce the provisions of this Lease,
or the collection of the rentals due Landlord hereunder.
ARTICLE 16. HOLDING OVER.
In the event Tenant remains in possession of the premises herein leased after
the expiration of this Lease and without the execution of a new lease, it shall
be deemed to be occupying said premises as a tenant from month to month,
subject to all the conditions, provisions, and obligations of this lease insofar as
the same can be applicable to a month-to-month tenancy.
ARTICLE 17. COVENANTS TO HOLD HARMLESS.
Except in the case of negligence of Landlord, its agents or employees, Tenant
agrees to hold Landlord harmless for any liability for damages to any person or
City of St. Anthony
Minnesota Swimming
Lease Agreement
Page 7
premises from such lien, contest such lien, but if such lien is reduced to final
judgement or process thereon is not stayed, or if stayed and said stay expires,
then and each such event Tenant shall forthwith pay and discharge said
judgement. Landlord shall have the right to post and maintain on the leased
premises, notices of non-responsibility under the laws of Minnesota.
ARTICLE 18. SUBORDINATION.
Tenant agrees that this Lease, shall be subordinate to any mortgages or trust
deeds now on or hereafter placed upon said premises and to any and all
advances to be made thereunder, and to the interest thereon, and all renewals,
replacements, and extensions thereof.
ARTICLE 19. GENERAL.
This Lease does not create the relationship of principal and agent or of
partnership or of joint venture or of any association between Landlord and
Tenant, the sole relationship between Landlord and Tenant being that of
landlord and tenant. No waiver of any default of Tenant hereunder shall be
implied from any omission by Landlord to take any action on account of such
default if such default persists or is repeated, and no express waiver shall affect
any default other than the.default specified in the express waiver and that only
for the time and to the extent therein stated. Each term and each provision of
this.Lease performable by Tenant shall be construed to be both a covenant and
a condition. All preliminary negotiations are merged into and incorporated in
this Lease. This Lease can only be modified or amended by an Agreement in
writing, signed by the parties hereto. All provisions hereof shall be binding
upon the heirs, successors and assigns of each party hereto. Any notice
required to be served in writing hereunder shall be mailed to the parties at the
addresses set out after their respective signatures. Any and all indebtedness
owing by the Tenant to the Landlord pursuant to the terms of this Lease which
remains unpaid for a period of thirty (30) days after it first becomes due and
payable shall bear interest from and after the lapse of such thirty (30) day
period at the rate of eight percent (8%) per annum. This Lease shall not be
effective until executed by all parties hereto.
ARTICLE 20. TERMINATION.
Landlord shall have the right to terminate this lease at any time upon 90 days
prior written notice to Tenant.
City of St. Anthony
Aga Khan Cultural Center
Lease Agreement .
Page 8
period at the rate of eight percent (8%) per annum. This Lease shall not be
effective until executed by all parties hereto.
ARTICLE 20. TERMINATION.
Landlord shall have the right to terminate this lease at any time upon 90 days
prior written notice to Tenant.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
For: CITY OF ST. ANTHONY
Date Its Mayor
Date Its Interim City Manager
For: AGA KHAN CULTURAL CENTER
Date His Highness Prince Aga Khan Shia Imami
Ismaili Council for Midwestern U.S.A.
i�
I
I
. i
I
I '
j .
i �
it
i -
II
li
it
II
� I
i - -
_ 2