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01-16-07 Regular . . . J CITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 16, 200_'1 REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7 P.M. AGENDA Call to order 1. Consideration of election of HRA officers for 2007 Staff Report No.1 Notes: 2. Approval of minutes of Regular HRA Meeting of December 18, 2006 Notes: 3. Recognition of Housing and Redevelopment Manager Bruce Nordquist Notes: 4. HRA approval of agenda 5. Consent Calendar contains several separate items which are acted upon by the HRA in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further HRA action is necessary. However, any HRA Commissioner may request that an item be removed from the Consent Calendar and placed on the regular agenda for HRA discussion and action. All items listed on the Consent Calendar are recommended for approval. . . . A. Consideration of approval of designating Community Development Director as Acting Executive Director of HRA in event Executive Director is absent from 9ity for 2007 S.R. No.2 B. Consideration of approval of resolutions designating official depositories for HRA, including collateral, for 2007 S.R. NO.3 C. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper for 2007 S.R. NO.4 D. Consideration of approval of professional services agreement with LHB for assistance in planning and design activities related to Cedar Avenue Corridor and other redevelopment activities S.R. NO.5 Notes: 6. Public hearing regarding resolution authorizing conveyance of real property to Ryan Companies US., Inc., Cedar Point Commons Staff Report NO.6 Notes: 7. Executive Director report 8. Claims and payroll Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. . . . AGENDA ITEM # REpORT # 1 1 ~ STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE REpORT PRESENTER: STEVEN L. DEVICH, EXECUTIVE DIRECTOR REVIEWED BY EXECUTIVE DIRECTOR: M . alA ITEM FOR HRA CONSIDERATION: Consideration of the election of officers for the Housing and Redevelopment Authority (HRA) for 2007. 1. RECOMMENDED ACTION: By Motion: Elect officers for the Richfield Housing and Redevelopment Authority for 2007. I II. BACKGROUND I _ The bylaws of the Richfield Housing and Redevelopment provide that the HRA hold an annual meeting in January. The bylaws further provide that the Chair, Vice Chair and Secretary of the HRA be elected at this meeting. Officers for 2006 were: Sue Sandahl, Chair Joan Heimberger, Vice Chair Donna Drummond, Secretary o 116fficers . I III. BASIS OF RECOMMENDATION I I A. POLICY I . The bylaws of the Richfield HRA provide that the HRA hold an annual meeting in January. , . The bylaws further provide that the Chair, Vice Chair and Secretary of the HRA be elected at this meeting. I B. CRITICAL ISSUES I . The bylaws of the Richfield HRA require that an election of officers for the HRA be held at the annual meeting in January. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not hold the election. However, this would be in contradiction of the HRA bylaws. I V . PRINCIPAL PARTIES EXPECTED AT MEETING . None. . . . . . AGENDA ITEM # REpORT # 5A 2 .... STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE REpORT PRESENTER: . DEVICH, EXECUTIVE DIRECTOR REVIEWED BY EXECUTIVE DIRECT ITEM FOR HRA CONSIDERATION: Consideration of designating the Community Development Director as the Acting Executive Director of the Housing and Redevelopment Authority (HRA) for 2007 in the event the Executive Director is absent from the City. I. RECOMMENDED ACTION: By Motion: Designate the Community Development Director as Acting Executive Director of the HRA in the event the Executive Director is absent from the City. I II. BACKGROUND I Since the City Manager also serves as the HRA Executive Director, it is recommended that the Community Development Director be designated by the HRA as the Acting Executive Director to serve in that capacity during the absence of the Executive Director. . The Community Development Director was designated Acting Executive Director for 2006. I III. BASIS OF RECOMMENDATION I A. POLICY 0116ActingDirector . . . . . Designation of an Acting Executive Director is a normal business action of the HRA similar to the designation of depositories and the official newspaper. The Community Development Director has been designated as the Acting Executive Director in the past. I B. CRITICAL ISSUES I . It is necessary to designate a person to serve as the Acting Executive Director to ensure continuation of HRA operations during an absence of the Executive Director. I IV. ALTERNATIVE RECOMMENDATION(S) I . Defer this designation to another HRA meeting. I V. PRINCIPAL PARTIES EXPECTED AT MEETING . None. . . . ...... RICHFIELD AGENDA ITEM # 5B REpORT # 3 STAFF REpORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TiTLE REpORT PRESENTER: STEVEN L. DEVICH, EXECUTIVE OR REVIEWED By EXECUTIVE DIRECTOR ITEM FOR HRA CONSIDERATION: Consideration of resolutions designating official depositories for the Housing and Redevelopment Authority for 2007, includina the approval of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the HRA could not invest in any of the depositories beyond the level of insurance coverage of the pledged collateral. I II. BACKGROUND N/A I III. BASIS OF RECOMMENDATION I I A. POLICY I . In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the HRA of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. . U.S. Bank acts as the banking institution in the HRA's banking arrangement with the 4M Fund; Monies received, checks written, by the HRA, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in HRA U.S. Bank accounts are swept to the 4M 0116depositories . Fund to be invested. Therefore, at the end of the business day the HRA accounts are zero, which means the collateral requirements of Minnesota Statutes Section 118A.03 are not required. Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the HRA's vendor accounts and all savings deposits. . The HRA must also designate annually, certain savings and loan associations, banks, and credit unions as' official depositories for deposit and investment of certain HRA funds. With approval of these official depositories, the HRA will be able to invest funds in these institutions; not exceeding the federal insurance of $100,000. . Finally, a designation must be made for certain financial institutions as depositories for the investment of HRA funds for 2007. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include U.S. Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Keegan, N.A. Investment Services, Inc. Piper Jaffray & Co. and the 4M Fund. lB. CRITICAL ISSUES . N/A Ic. FINANCIAL . N/A .. ID. LEGAL I . The HRA is required by ty1innesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the HRA in the amount specified in the attached resolutions. I IV. ALTERNATIVE RECOMMENDATION(S) I . The HRA could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. I V. ATTACHMENTS I . Resolution designating US Bank a depository of funds of the HRA of Richfield for the year 2007. . Resolution designating certain savings and loan associations, banks, and credit unions as depositories for the investment of HRA funds in 2007. . Resolution designating certain financial institutions as depositories for the investment of HRA of Richfield funds in 2007. . I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None . . . 613-1 RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE HRA OF RICHFIELD FOR THE YEAR 2007 BE IT RESOLVED, by the Housing and Redevelopment Authority of Richfield as . follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the Housing and Redevelopment Authority of Richfield, subject to modification and revocation at any time by said Housing and Redevelopment Authority, and subject to the follo.wing terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United '. States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the Housing and Redevelopment Authority of Richfield. , That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies. The following officers or their facsimile signatures shall sign checks on this account; SUZANNE M. SANDAHL, CHAIR STEVEN L. DEVICH, EXECUTIVE DIRECTOR BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds deposited are invested and insured. Adopted by the Housing and Redevelopment Authority of Richfield, Minnesota this 16th day of January, 2007. ATTEST: Suzanne M. Sandahl. Chair Donna Drummond, Secretary . SfrJ.. RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE INVESTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD FUNDS IN 2007 BE IT RESOLVED, by the Housing and Redevelopment Authority of Richfield, Minnesota: . WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Association, Bank or Credit Union which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLlC), the Federal Deposit Insurance Corporation (FDIC), or National Credit Union Administration (NCUA); and WHEREAS, the amount of said deposits may not exceed the FSLlC/FDIC/NCUA insurance covering such deposits which insurance amount is presently $100,000; and WHEREAS, the deposit of Housing and Redevelopment Authority funds in Savings and Loan Associations and Banks would provide greater flexibility in the Housing and Redevelopment Authority's investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of Housing and Redevelopment Authority funds that certain Savings and Loan Association and Banks be designated as additional depositories for Housing and Redevelopment Authority funds for 2007. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous investments of Housing and Redevelopment Authority funds and that such designation is not exclusive nor does it preclude the deposit of any Housing and Redevelopment Authority funds in other officially designated depositories of the Housing and Redevelopment Authority. . 3. The Executive Director and Finance Manager are hereby authorized to deposit Housing and Redevelopment Authority funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the Housing and Redevelopment Authority of Richfield on the signatures of the Housing and Redevelopment Authority Executive Director or Finance Manager. Such deposits may be made and withdrawn from time to time by the Executive Director or Finance Manager as his best judgment and the interests of the Housing and Redevelopment Authority dictates. - 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the Housing and Redevelopment Authority regarding the investment of Housing and Redevelopment Authority funds. Adopted by the Housing and Redevelopment Authority of Richfield, Minnesota this 16th day of January, 2007. Suzanne M. Sandahl, Chair . ATTEST: Donna Drummond, Secretary . . . 58-3 RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD FUNDS IN 2007 WHEREAS, the Housing and Redevelopment Authority of Richfield has money which is available for investment; and WHEREAS, different financial institutions offer different rates of return on investments; and WHEREAS, the Housing and Redevelopment Authority of Richfield shall purchase u. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the Housing and Redevelopment Authority of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined. that it is in the best interest of the proper management of Housing and Redevelopment Authority of Richfield funds that certain financial institutions be designated as additional depositories for Housing and Redevelopment Authority of Richfield funds for 2007. 2. The following financial institutions designated as depositories for the Housing and Redevelopment Authority of. Richfield funds: Dain Rauscher, Inc. Wells Fargo Brokerage Services N.A.lnvestment Services, Inc. Piper Jaffray & Co. Morgan Keegan 4M Fund 3. The Treasurer and Finance Manager are hereby authorized to deposit the Housing and Redevelopment Authority of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the Housing and Redevelopment Authority of Richfield dictates. 4. The investment of funds and the reporting thereof pursuantto this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the Housing and Redevelopment Authority of Richfield, Minnesota this 16th day of January, 2007. Suzanne M. Sandahl, Chair ATTEST: Donna Drummond, Secretary . AGENDA ITEM # REpORT # 5C 4 ..... STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT . AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: NANCY GmBS, CITY CLERK NAME, TITLE REVIEWED BY EXECUTIVE DIRECTOR: ''d............ REpORT PRESENTER: . . ITEM FORHRA CONSIDERATION: Consideration of resolution designating an official newspaper for 2007. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2007 the Richfield Sun-Current as the official newspaper for the City of Richfield. I II. BACKGROUND I The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2007. The 2007 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch $7.15 per subsequent inch . There are 11 lines per inch. The 2006 rate was the same as the rate proposed for 2007. For 2007, the Minneapolis Star Tribune Newspaper could be considered as the official newspaper. Attached is a fax of the 2007 advertising rate structure for legal 0116newspaper notices in the Sunday and weekday, metro and statewide issues. The rate is $4.75 . per line. The 2006 rate was the same as the rate proposed for 2007. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. . The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. . The Sun-Current has served well as the official paper for many years. . The Sun-Current is delivered to nearly all residences in the City. . In prior years the City has designated the Minneapolis Star Tribune as backup official newspaper. lB. I c. . /D. CRITICAL ISSUES I . The designation must be made at the first meeting of the new year. FINANCIAL I . The cost for the official publications is reasonable. LEGAL I . A newspaper must be designated each year by the City for publication of all official and legal City business. . For less confusion to the reader, the City Attorney has recommended not having a backup newspaper. I IV. ALTERNATIVE RECOMMENDATION(S) I . Not make a designation and request the City Clerk's office. to check into using another publication. I V. ATTACHMENTS . Resolution . Letter from Minnesota Sun Publications . Fax from Star Tribune I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None . . . . 5 c.--( HRA RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2007 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the Richfield Housing and Redevelopment Authority for 2007 for all publications required to be published therein. Adopted by the Housing and Redevelopment Authority in and for of the City of Richfield, Minnesota this 16th day of January, 2007. Suzanne M. Sandahl, Chair ATTEST: Donna Drummond, Secretary . sc-~ CI -~= -- November 15, 2006 newspapers City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The BlchlieldSun-Current would like to be considered for designation as the legal newspaper for the City of Richfie'ld for the upcoming year. ' All published legal notices are posted on our website (www.mnsun.com) at no additional charge; This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. _____8 would like 10 continue working with you, t~~r~tQ!:g!_-",,~ YYiIJJJQtl:?e making a rate changtioLlbe coming year.- ,", ' - '--. . The ratestructure'.fQ(I-e,gals:effective the first of the year will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail ad,dress for the legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Richfield for the upcoming year. We appreciate the opportunity to serve the needs of your community. - .". MHrey Coolm;an . ",;. " - .ce President'and Group Publisher 10917 VALLEY Vmw ROAD 0 EDEN PRArRm 0 MINNEsOTA 55344 0 952-829-0797 0 FAX: 952-941-3588 r' 11/29/2006 16:28 FAX 612 673 4884 STAR TRIBUNE CLS. ADV. 141001 425 Portland Avenue Minneapolis, Minnesota 55488-0002 5C-3 .. Starltibune r,lINNEAPOL/S'ST PAUL November 29; 2006 ,~ ~~ u X0 (\~ \)Q ?Y To: City of Richfield .... From: Cheri Ronglien Star Tribune C!~~!!!~~.Adve~~~~~ Dep!.. LEGAL NOTICES CLASS 203 Sunday or Weekday Metro and or All Editions $4.15 per line This is the price effective today. I am waiting to hear by end of day today if the rate will be changing Ian 2007. We want to make sure you get the correct rate so I will reconfirm the fate within 24 hours. Thank you. Cheri RongHen . . . . AGENDA ITEM # REpORT # 5D 5 ....... STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE REpORT PRESENTER: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER DEPARTMENT DIRECTOR REVIEW: ;1 NAME, TITLE REVIEWED BY EXECUTIVE DIRECTO . ITEM FOR HRA CONSIDERATION: Consideration of a Professional Service Agreement with LHB, for assistance in planning and design activities related to the Cedar Avenue Corridor and other redevelooment activities. 1. RECOMMENDED ACTION: By Motion: Approve a Professional Services Agreement with LHB for assistance in planning and design for the Cedar Avenue Corridor and other redevelopment projects. I II. BACKGROUND I Michael Schroeder is employed with LHB. Mr. Schroeder has assisted staff on matters related to planning and design on several occasions. He is considered an outstanding urban design consultant not only with buildings but also with public spaces and landscaping. Our own experiences reinforce this conclusion. Mostrecently he was very helpful with Cedar Point Commons. He has also been part of discussions related to Cedar Corridor south of 66th Street and the Phase II housing site. There will be additional needs for' the services of Mr. Schroeder during the year related to housing sites including the aforementioned Phase II, 011607 - PSA - LHB . I III. 76th Street and Lyndale Avenue, soon to be former City Garage site and the 72nd Street and Penn Avenue Cemetery site. BASIS OF RECOMMENDATION I I A. POLICY 'j . The Housing and Redevelopment Authority (HRA), City Council, Planning Commission, staff and the broad community all have expressed a desire for quality design. I B. CRITICAL ISSUES I . Previous projects have benefited from Mr. Schroeder's attention. I C. FINANCIAL I . Funds are available from several project budgets so his time would be charged to the respective project. The proposed contract amount is $18,000.00. I D. LEGAL I . The contract is the standard form used by the H RA. . I IV. ALTERNATIVEREcOMMENDATION(S) . Do not authorize the contract. . Delay consideration. Iv. ATTACHMENTS . Contract with proposal. I VI. . PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 011607 - PSA - LHB . . . 5D-) PROFESSIONAL SERVICES AGREEMENT LHB THIS AGREEMENT made and entered into by and between the Housing and Redevelopment Authority in and for the City of Richfield, Stat~ of Minnesota, hereinafter referred to as the "HRA", and LHB, hereinafter referred to as "LHB". WITNESSETH: WHEREAS, the HRA wishes to purchase the services of LHB; and WHEREAS, there are funds available for the purchase of these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the HRA and LHB agree as follows: 1. TERMS AND COST OF THE AGREEMENT LHB agrees to furnish planning design services to the HRA for assistance in the Cedar Avenue Corridor and other redevelopment projects. The total cost of this Agreement shall not exceed $18,000 unless amended by the HRA. Should additional services be required, an amendment to the Agreement will be necessary. All reports, memos, and other data produced by LHB will become the property of the HRA. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to LHB by check. Invoices shall be of sufficient detail for the HRA to determine the line item task being completed. Payment shall be made within 30 days of receipt of an invoice by the HRA. 3. INDEPENDENT CONTRACTOR LHB shall select the means, method, and manner of performing the services herein in consultation with the HRA. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between LHB and the HRA or as constituting LHB as the agent, representative, or employee of the HRA for any purpose or in any manner whatsoever. LHB is to be and shall remain an independent contractor with respect to all services performed under this Agreement. LHB represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of LHB or other persons while engaged in the performance 011607 - PSA - LHB . . . 5 D~ d- of any work or services required by this Agreement shall have no contractual relationship with the HRA, and shall not be considered employees of the HRA. Any and all claims that mayor might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against LHB, its officers, agents, contractors, or employees shall in no way be the responsibility of the HRA. LHB shall defend, indemnify, and hold the HRA, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the HRA, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, UnemplCi)yment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The HRA operates in accordance with the City of Richfield's policies against discrimination. No person shall be excluded from or denied the benefits of any service performed or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. LHB shall (1) furnish all informatiOri and reports which may be required by the City's Affirmative Action Policy, and (2) it shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit A). 5. INDEMNITY AND INSURANCE LHB agrees to defend, indemnify, and hold the HRA, i~s officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney, fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions)of LHB, its agents, employees, or assignees inperformance of the services provided by this contract, and against all loss by reason of the failure of LHB to fully perform in any respect, all obligations under this contract. 6. RECORDS - AVAILABILITY LHB agrees that the HRA, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as- they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of LHB and involve 011607 - PSA - LHB . 50~~ transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 7. DATA PRACTICES COMPLIANCE This contract is governed by Minnesota Statutes, S 13.05, subds. 6 and 11, the provisions of which are incorporated by reference into this contract. The HRA agrees to give LHB access to data collected or maintained by the HRA as necessary to perform LHB'S obligations under this contract. LHB agrees to maintain all data obtained from the HRA consistent with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. SS 13.02 et seQ. (the "Act"). LHB will not release or disclose the contents of data classified as not public to any person except at the written direction of the HRA. LHB agrees to defend and indemnify the HRA from any claim, liability, damage or loss asserted against HRA as a result of LHB's failure to comply with the requirements of this paragraph; provided that LHB shall have no duty to defend or indemnify where the LHB has acted in conformance with the HRA's written directions. Upon termination of this contract, LHB agrees to return data to the HRA, as requested by the H RA. NON-ASSIGNMENT 8. . LHB shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the HRA. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If LHB fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused, the HRA, may upon written notice, immediately cancel the Agreement in its entirety. . 011607 - PSA - LHB . . . b. The HRA's failure to insist uP'?'; ~r~ierfonnance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. c. This Agreement may be canceled without cause by either party upon thirty (30) days written notice. . 11. CONTRACT ADMINISTRATION In order to coordinate the services of LHB with the activities of the HRA so as to accomplish the purposes of this contract, Patrick Smith, Community Development Manager shall manage this contract on behalf of the HRA. In addition, from time to time, meetings shall be held between LHB and HRA staff. LHB may also report directly to the HRA. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. 011607 - PSA - LHB . . . 5D-5 Notices shall be sent as follows: Community Development Department Patrick Smith, Community Development Manager City Hall 6700 Portland Avenue South Richfield, MN 55423 LHB Architects Michael Schroeder 250 Third Avenue North, Suite 450 Minneapolis, MN 55401 LHB having signed this contract, and the HRA having duly approved this contract on ,2007, and pursuant to such approval and the proper HRA officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By: Suzanne M. Sandahl Its: Chairperson By: Steven L. Devich Its: Executive Director LHB ARCHITECTS By: LH BArch itects 011607 - PSA - LHB . . . 5 D- (p EXHIBIT A AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all person and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices". The program further requires that the City support the various relationships with contractors, subcontracts and vendors. Therefore, requirements have been adopt~d for contracts as follows: a. The contractor shall submit a signed statement (Exhibit B) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the ground of race, creed, color, sex, age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provisions of any and all applicable federal and state laws against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No.4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit C. 011607 - PSA LHB . . . 5 D-- 7 EXHIBIT B STATEMENT OF COMPLIANCE The undersigned, in his/her capacity as agent for LHB, hereby states that LHB is in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its: . . . 5Dr8 EXHIBIT C 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 . . . AGENDA ITEM # REpORT # 6 6 ...... STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2006 REpORT PREPARED By: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE REpORT PRESENTER: P AT SMITH, COMMUNITY DEVELOPMENT MANAGER DEPARTMENT DIRECTOR REVIEW: NAME, TITLE REVIEWED BY EXECUTIVE DIRECTOR: ~ ITEM FOR HRA CONSIDERATION: Public hearing authorizing the conveyance of real property to Ryan Companies US, Inc. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached Resolution conveying real property to Ryan Companies US, Inc. I II. BACKGROUND I On July 17, 2006 the Housing and Redevelopment Authority (HRA) approved Resolution No. 987, which authorized the conveyance of the land to Ryan Companies US, Inc. (Ryan) for Cedar Point Commons. An eight-foot strip of land was mistakenly omitted from Resolution No. 987 but was included in the deed of conveyance. The proposed resolution authorizes the conveyance of the eight-foot strip of land. 011607 - Convey 8' to Ryan . I V. ATTACHMENTS . Resolution . Map I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . G,-- ( HRA RESOLUTION NO. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY TO RYAN COMPANIES US, INC. WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") desires to develop certain real property in accordance with a Contract for Private Development with Ryan Companies US, Inc. (the "Developer"), dated July 27,2005 (the "Contract") and an amended First Amendment, dated June 30, 2006, (collectively, the "Contract"); and WHEREAS, said real property is legally described as: The North 8 feet of the South 25 feet of Lot 6. Block 3, Iverson's Third Addition WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and WHEREAS, a public hearing has been held after proper public notice. NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Richfield: 1. A public hearing has been held and the real property legally described as the North 8 feet of the South 25 feet of Lot 6, Block 3, Iverson's Third Addition is authorized to be sold to the Developer in accordance with the Contract. 2. The Chairperson and Executive Director are authorized to execute the necessary documents or other agreements as required to effectuate the sale to the Developer. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of January, 2007. Suzanne M. Sandahl, Chair ATTEST: Donna Drummond, Secretary 011607 - Convey 8' to Ryan .. . . . . . . . . . . . . . . . . . . . . . . . 65th Street : . . . . . . . . . . -- --- Tl"ffil=H m~hStreet . . . I I I I I I I I . I I I I I I I I I I I I lo-J Taft Park Property to be Conveyed to Ryan Companies U.S., Inc. CD ::::J s::: CD ~ .. ca 'C CD (J .... .... J: .... I I N A . Legend ... . Corridor Outline ... Created: December 6, 2006 Property to be Conveyed o 115 230 - - 460 690 920 Feet . . . ;!!c/d"~()~a / IlgerJda 7k4'h . AGENDA ITEM # REpORT # 6A 7 ..... STAFF REpORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 16, 2007 REpORT PREPARED By: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE REpORT PRESENTER: P AT SMITH, COMMUNITY DEVELOPMENT MANAGER DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of an Amendment to the Cooperative Agreement for the Cedar Point Project with Hennepin Countv. I I. RECOMMENDED ACTION: By Motion: Approve an Amendment to the Cooperative Agreement for the Cedar Point Project with Hennepin County. I II. BACKGROUND I On December 14, 2004, the Hennepin County Board of Commissioners (Board) approved a budget that included $2 million in grant Multi-Jurisdictional Project Funds (MJP) as assistance for Cedar Point Commons. On January 18, 2005 the Housing and Redevelopment Authority (HRA) approved a Cooperative Agreement with Hennepin County for the administration of the MJP grant. On January 25, 2005 the City Council approved the Cooperative Agreement. The proposed Amendment (attached) would provide $500,000 in additional grant funds immediately upon approval on a reimbursement basis. 011607 - MJP Amendment . The provision of these funds is governed by the terms of the original Cooperative Agreement between the Hennepin County Board, th13 Hennepin County HRA, the City of Richfield and the Richfield HRA. Under the original Agreement, these funds could be used to reimburse appraisal costs, real estate purchase costs, demolition costs, environmental investigation/remediation costs and relocation benefits related to the Cedar Point Commons project. IIII. BASIS OF RECOMMENDATION I I A. POLICY I . Hennepin County has designated $500,000 in additional Multi- Jurisdictional Project Funds for use in assisting redevelopment of Cedar Point Commons. . The Richfield HRA and City Council must be parties to an Amendment to the Cooperative Agreement with Hennepin County in order to receive these funds. lB. CRITICAL ISSUES I . The City Council will be reviewing the proposed Amendment to the Cooperative Agreement at their January 23, 2007 meeting. . Hennepin County requires approval of the Cooperative Agreement by the City of Richfield prior to consideration and approval by their respective HRA and Board. . I C. FINANCIAL I . The $500,000 will offset the additional costs of the properties that the HRA acquired as part of the Development Agreement with Ryan Companies US, Inc. I D. LEGAL I . HRA legal counsel has reviewed the attached Amendment. I IV. ALTERNATNE RECOMMENDATION(S) I . Do not approve the proposed Amendment. . Suggest modifications to the proposed Amendment, which mayor may not be to the satisfaction of the other involved parties. . Continue consideration of the proposed Amendment in order to seek more information about the terms of the Amendment. I V. ATTACHMENTS I . Amendment to the Cooperative Agreement for Cedar Point Commons . I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . Hennepin County Contract No. A050010 FIRST AMENDMENT TO COOPERATIVE AGREEMENT FOR CEDAR POINT PROJECT This First Amendment is made and entered into by and between the County of Hennepin, State of Minnesota, a public body corporate and politic, hereinafter referred to as the "COUNTY,"the Hennepin County Housing and Redevelopment Authority, a Minnesota public body corporate and politic, hereinafter referred to as the "HCHRA", a Minnesota public body corporate and politic, and the City of Richfield, a Minnesota municipal corporation, hereinafter referred to as the "CITY," and the Housing and Redevelopment Authority in and for the City of Richfield, a Minnesota public body corporate and politic, hereinafter referred to as the "AUTHORITY". WHEREAS, the parties entered into Contract No. A05001 0 (the "Agreement") as authorized by Resolution No. 05-HCHRA-4; and WHEREAS, the Agreement between the parties provides for completion of the Cedar Point Project and disbursement of funds by December 31, 2010; and WHEREAS, the Agreement between the parties provides that the COUNTY shall provide $2,000,000 in project funding; and WHEREAS, by Resolution 06-546R1 the COUNTY authorized additional funding for the project; and NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Article II shall be amended to read: ARTICLE II Source of Funds The County will contribute $2,500,000.00 on a reimbursement basis to the City in support of the Project upon receipt of proper verification from the City that eligible expenses have been incurred in accordance with the terms of Article III below. 2. Article IX shall be amended to read: ARTICLE IX Amendments This Agreement creates no obligation on the County, other than the obligation to make the payments according to the terms contained ,herein. Without limitation, this Agreement shall not be construed as obligating the County or the HCHRA to acquire property, to make relocation benefit payments to displaced parties, or to make any payment of any nature to a redeveloper selected by the Authority to develop the Property. 011607 - MJP Amendment . . . Other than the County obligation created under this Agreement, the City/Authority hereby releases, indemnifies and agrees to defend and hold harmless the County and the HCHRA, their officers, agents and employees, from any claims based on the development of the Project. . Except as herein amended, the terms, conditions and provisions of the original Agreement shall remain in full force and effect. COUNTY BOARD APPROVAL The CITY and the HCHRA having signed this amendment, and the Hennepin County Board of Commissioners having duly a"pproved this amendment on the _ day of ,2007, and pursuant to such approval, the proper COUNTY officials having signed this amendment, the parties hereto agree to be bound by the provisions herein set forth. . ATTEST: . . Deputy/Clerk of County Board Approved as to form and execution: Assistant County Attorney Approved as to form and execution: City Attorney Date: ,20 . Approved as to form and execution. Authority Attorney Date: ,200_ COUNTY OF HENNEPIN STATE OF MINNESOTA . By: Chair of Its County Board And: Assistant/Deputy/County Administrator And: Assistant County Administrator, Public Works RECOMMENDED FOR APPROVAL: By: Director, Housing, Community Works, and Transit CITY OF RICHFIELD By: Its: Mayor By: Its: City Manager HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By: Its: HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Chair of Its Board By: Its: Executive Director