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04-23-02 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 23, 2002 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is asked to complete a speaker's form and provide it to a staff member. Speakers are also asked to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of April 9, 2002 and (2) Regular City Council Meeting of April 9, 2002 PRESENTATIONS 1. Acceptance of Minnesota Shade Tree Advisory Committee Outstanding Partnership Award to Wood Lake Nature Center and MnDOT for FOWL Children's Forest 2. Presentation of proclamation regarding Richfield's observance and celebration of Earth Day, May 5, 2002 3. Presentation of proclamation designating May 5-12, 2002 Small Business Week in Richfield 4. Presentation of Certificate of Recognition to Motor Vehicle Licensing employees for outstanding achievement 5. Presentation by Public Works Director Mike Eastling recognizing National Public Works Week, May 19-23, 2002 6. Presentation of proclamation designating May 5-11, 2002 Drinking Water Week and May 4, 2002 as Drinking Water Day in Richfield 7. Presentation of proclamation designating the month of May Arbor Month and May 5, 2002 Arbor Day in Richfield 8. Presentation by Recreation Programs and Athletics Manager Frank White of the Totally Awesome Coaches Award COUNCIL DISCUSSION • Council attendance_at-community-meetings - - - Notes: AGENDA APPROVAL 9. Council approval of agenda CONSENT CALENDAR 10. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of a resolution appointing Jarod Endersbe to the Tourism Board for athree-year term S.R. No. 100 B. Consideration of award of contract to Allied Blacktop Co. for 2002 bituminous sealcoating project in the amount of $112,080.84 S.R. No. 101 C. Consideration of approval of variance extension for Eddie'Z Car Wash, 2816 West 66th Street S. R. No. 102 D. Consideration of the attached resolution approving the summary legal notice for the zoning ordinance amendment creating the new Service-Office District S.R. No. 103 E. Consideration of the attached resolution approving the summary -legal notice for the zoning ordinance amendment regarding changes to 1) allowable density, 2) .minimum lot size required, 3) set-back requirements and 4) height limits for Cluster Home Developments in the R, MR-1 and MR-2 districts S.R. No.104 F. Consideration of resolutions calling for public hearings related to 1) business subsidy criteria for redevelopment projects, and 2) establishing the City Bella Tax Increment Financing District S.R. No. 105 G. Consideration of approval of ten Professional Services Agreements for Airport Noise Acquisition Program S.R. No. 106 H. Consideration of approval of a consent and conflict waiver for Moss & Barnett regarding representation of the YMCA for a proposed Tri-City Skate Park ~~ Agreement. S.R. No. 107 I. Consideration of approval of joint powers agreement between the Cities of Richfield, Edina and Bloomington and the Southdale YMCA to construct and operate the YMCA Tri-City Skate Park S.R. No. 108 J. Consideration of resolution authorizing Public School Inspection Agreement between the City and the MN Department of Public Safety, State Fire Marshal Division S.R. No. 109 K. Consideration of approval of a new motor vehicle dealer license for Chas Automotive Group, LLC, d/b/a Richfield Auto Sales, 6529 Penn Avenue S.R. No. 110 L. Consideration,of;approval.of-resolution..gr-antingaaw#ul.gambling,.~icense-renewal for Minneapolis-Richfield American Legion Post #435,_6501-Portland Avenue S.R. No. 111 M. Consideration of approval of resolution .granting lawful gambling license renewal for Fred Babcock VFW Post 5555, 6715 Lakeshore Drive S.R. No. 112 N. Consideration of approval of itinerant place of amusement, itinerant food and temporary intoxicating liquor licenses for Don Pablo's, 980 West 78th Street, for Cinco de Mayo celebration on Saturday, May 4 and Sunday, May 5, 2002 S.R. No. 113 Notes: PUBLIC HEARINGS 11. Public hearing and second reading of transitory ordinance establishing new ward boundaries and approval of resolution establishing boundaries of election precincts, amending Resolution No. 7858 Staff Report No. 114 Notes: 12. Public hearing and second reading of a transitory ordinance providing funding for certain capital improvements not previously approved from Special Revenue Fund Staff Report No. 115 Notes: 13. Public hearing regarding approval of a public auto body garage conditional use permit to allow a paintless dent removal business to operate at 7524 Lyndale Avenue Staff Report No. 116 Notes: RESOLUTIONS 14. Consideration ofi resolution approving the 2002-2003 labor contract:with the Law Enforcement Labor Services, Inc., Local #225 Staff Report No. 117 Notes: 15. Consideration of resolution authorizing MnDOT Agreement No. 83108 which allows reimbursement to the City of Richfield for use of federal funds in relocating a gas main related to the Penn Avenue Bridge over I-494 Project Staff Report No. 118 Notes: PROPOSED ORDINANCE 16. Consideration of second reading of an ordinance amendment to the City Administrative Code describing the term "intermittent employee" Staff Report No. 119 Notes: OTHER BUSINESS 17. Consideration of acceptance of $7,000,000 from the Best Buy Company to use in financing the Penn Avenue Bridge Project Staff Report No. 120 Notes: 18. City Manager's report Notes: 19..Claims and payrolls Open Forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is asked to complete a speaker's form and provide it to a staff member. Speakers are also asked to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Notes: 20. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96-hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: Other Business AGENDA ITEM # I ~ REPORT # 120 J STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE REPORT PRESENTER: MICHAEL EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ i~~~ - t--d SIGNATURE /^` REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider acceptance of $7,000,000 from the Best Buy Company to use in financing the Penn Avenue Bridge Project. I. RECOMMENDED ACTION: By Motion: Accept the contribution of $7,000,000 from the Best Buy Company for construction of the Penn Avenue Bridge Project. III. BACKGROUND ~ On March 20, 2000 the Richfield Housing and Redevopment Authority entered into a Contract for Private Development with Best Buy Co., Inc. for the redevelopment of the Interchange West area. The Best Buy Company agreed under the contract to provide $7 million toward the construction of the Penn Avenue Bridge. The Best Buy Company recently submitted a check for $7 million to the City to be used to finance costs associated with the replacement of the Penn Avenue Bridge over I-494. Council is being asked to recognize the contribution of funds from the Best Buy Company consistent with the Contract for Private Development 0423Best BuyFunds III. BASIS OF RECOMMENDATION A. POLICY • Replacement of the Penn Avenue Bridge is identified as a high priority project in the City's 2001 Capital Improvement Budget. B. CRITICAL ISSUES • Completion of the Penn Avenue Bridge was a condition of Best Buy's decision to build its new headquarters in Richfield. C. FINANCIAL • The $7 million contribution by the Best Buy Company is a critical component of the funding for the Penn Avenue Bridge Project. D. LEGAL • The City Attorney has been involved in the financial plan for the Penn Avenue Bridge Project and will be available to answer any questions. IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • No one anticipated. -~-~ AGENDA SECTION: proposed Ordinance AGENDA ITEM # 1( REPORT # 119 STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: DAWN WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE REPORT PRESENTER: DEPARTMENT DIlZECTOR REVIEW: STEVEN L. DEVICH, AD1~I~II~TRATNE SE~VICES DIRECTOR ~r N TITLE SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of an amendment to the City Administrative Code Section 310, Subsection 310.03, Subdivision 17 describin the term "intermittent em to ee." I. RECOMMENDED ACTION: By Motion: Approve second reading of the attached proposed ordinance amendment to the City Administrative Code Section 310, Subsection 310.03, Subdivision 17 describing the term, intermittent emplovee. II. BACKGROUND Several situations, particularly within the liquor stores, have come up recently that warranted the evaluation of the term "intermittent employee". The current ordinance stipulates that employees who are classified as intermittent can only be employed for less than 20 hours per week. Adhering to this. ordinance is extremely difficult at times of shortage in staffing (i.e. ~ vacations, illness). Amending the current language would afford greater flexibility for the City and intermittent employees. Therefore, a recommendation is being made to amend Section 310, Subsection 310.03 to amend the current language to read: 04231ntermittent Subd. 17. "Intermittent employee" means a person who works 39 hours or less in a bi-weekly period, or for less than 127 working days per calendar year, whose employment has no specific termination date. III. BASIS OF RECOMMENDATION A. POLICY • Subsection 310.03, Subd. 17, Definition of term "intermittent employee", will enable the City to become less restrictive and provide the services required by those departments employing intermittent employees. • By making the definition of this term less restrictive, the integrity of City services will not be compromised. • The amendment will provide greater scheduling flexibility for intermittent employees. B. CRITICAL ISSUES • Subsection 310.03, Subd. 17, Definition of the term "intermittent employee", allows the City flexibility in the scheduling process, yet also follows the policy set for non-benefit earning employees. C. FINANCIAL • None. D. LEGAL • In order to provide the requested definition change, the City Council must approve an amendment to the City's personnel ordinance. • There is no other legal restriction prohibiting a municipality from changing the term "intermittent employee". IV. ALTERNATNE RECOMMENDATION~S~ • Do not amend the ordinance. • Defer discussion to another date. • Amend only a portion of the section presented. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AMENDMENT TO SECTIONS 310.03 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 310. Subsection 310.03, Subdivision 17 of the Richfield City Code is amended to read as follows: Subd. 17. "Intermittent employee" means a person °m^'^~~°~' {^r'°°~ +h,., ~n h^„r~ ~e~-weelE who works 39 hours or less in a bi-weekly period, or for less than 127 working days per calendar year, whose employment has no specific termination date. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Resol ti ons AGENDA ITEM # 15 REPORT # 118 STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: TOM FOLEY, TRANSPORTATION ENGINEER NauE, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR MIME, DEPARTMENT DIRECTOR REVIEW: L.IIJ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Minnesota Department of Transportation Agency Agreement No. 83108 for the use of Federal Funds in Relocating a Gas Main related to the Penn Bridge over I-494 Project. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing Agency Agreement No. 83108 which allows for the Minnesota Department of Transportation to reimburse the City of Richfield for relocating a gas main using federal funds in connection with the Penn Bridge over 1- 494 Project. III. BACKGROUND ~ As part of the financing plan for the Penn Avenue Bridge, the City has requested using federal highway funds to pay for 90% of the $1,660,000 cost of relocating a gas main as part of the replacement of the Penn Avenue Bridge Project. ~ In order to receive the federal funds, the City is required to enter into an agency agreement with the Minnesota Department of Transportation (MnDOT). Agreement allows MnDOT to pass the federal funds through to the City for the construction work. 0423PennAgency83108 Work on relocating the gas main began last September 2001 and will be completed in the spring/summer 2002. III. BASIS OF RECOMMENDATION A. POLICY • The Penn Avenue Bridge over I-494 Project is identified in the City's 2001 Capital Improvement Budget. B. CRITICAL ISSUES The proposed agreement will provide almost $1,500,000 in federal highway funds to cover 90% of the costs of relocating a gas main in connection with the Penn Bridge Project. C. FINANCIAL The City will use federal highway funds to cover 90% of the construction costs. The remaining funds for the gas main work will come from the Best Buy Company. D. LEGAL The City Attorney will be available to answer any questions on the agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Resolution authorizing the Mayor and City Manager to execute Minnesota Department of Transportation Agency Agreement No. 83108 for Federal Participation in Force Account Work for the Penn Avenue Bridge Project. • MnDOT Agency Agreement No. 83108 for Federal Participation in Force Account Work for S.P. 157-020-20 and 157-020-22; M.P. HPPMN 10(102), the Penn Avenue Bridge over I-494. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ,--~ RESOLUTION NO. ~ RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) AGENCY AGREEMENT NO. 83108 FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT WORK FOR THE PENN AVENUE BRIDGE PROJECT CITY PROJECT N0.401-30-521; S.P. 157-020-20 AND 157-020-22; M.P. HPPMN 10(102) BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 83108, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Richfield at a duly authorized meeting thereof held on the 23rd day of April, 2002 as shown by the minutes of said meeting in my possession. Nancy Gibbs, City Clerk Notary Public My Commission expires Mn/DOT Agreement No. 83108 -STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT WORK FOR S.P. 157-020-20 and 157-020-22; M.P. HPP MN10(102) This agreement made and entered into by and between the City of Richfield, hereinafter referred to as the "City", and the Commissioner of Transportation of the State of Minnesota, hereinafter referred to as "Mn/DOT", WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as its agent in accepting federal funds in its behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal .funds; and WHEREAS, the City is proposing a federal aid project to construct a new interchange at Penn Avenue over Interstate 494, hereinafter referred to as the "Project"; and WHEREAS, the Project is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-020-20 and 157-020-22, and in Federal Highway Administration records as Minnesota Project HPP MN10(102); and WHEREAS, City desires to obtain federal aid participation in eligible costs for relocation of utilities necessitated by the replacement of the interchange, hereinafter referred to as the "Force Account Work." WHEREAS, Minnesota Statutes Section 161.36 requires that the terms and conditions of this agency be set forth in an agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: L DUTIES OF THE CITY. A. APPOINTMENT. Pursuant to Minnesota Statutes Section 161.36, the City appoints Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Force Account Work in connection with the Project. (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllyn\Local Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 1 B. 1. It is anticipated that 90% (up to $ 1,494,000)'of the cost of Force Account Work is to be paid from federal funds made available by the Federal Highway Administration, and that the remaining 10% will be paid by the City. The City will pay any part of the cost or expense of the work that the Federal Highway Administration does not pay. ~~ C. ELIGIBILITY /COSTS. The estimated cost of the Force Account Work is $1,660,000. 2. Any costs incurred by the City prior to authorization, as described in section II.B. AUTHORIZATION, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: the Force Account Work will be eligible for reimbursement after installation as part of the Project. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Materials furnished by the City under this agreement must be acquired under the City's normal materials purchasing procedures in accordance with State law. 6. Costs associated with transportation, storage, labor, or other items incidental to actual cost of the materials previously identified as Force Account Work, are not be eligible for federal aid reimbursement. 7. For costs expected to exceed $1,660,000, the City must request the preparation and execution of a. supplement to this agreement, prior to incurring such costs. SUPERVISION. 1. The City will furnish and assign a qualified employee of the City (Project Manager), to be in responsible charge of the Force Account Work and to supervise and direct the work to be performed under this agreement. 2. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, perform, inspect, and document the Force Account Work. 3. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. All records and reports must be retained by the City in accordance with Mn/DOT's record retention (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllyn\Local Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 2 schedule for federal aid projects. D. REQUEST FOR PAYMENT. 1. Partial payments may be requested by the City not more than once each thirty (30) days. 2. The City will submit to Mn/DOT's District State Aid Engineer one original itemized invoice and supporting documentation, for eligible expenses incurred during that period, for review, concurrence, and further processing. 3. The invoice and supplements thereto, shall contain all details that may be necessary for a proper audit. Such details shall consist of at least the following: (a) 100% of eligible charges applicable to the Force Account Work so that the prorata share of federal and City participation can be applied to the total costs. (b) A copy of the supplier's invoice, and documentation of payment. (c) A statement certifying work completed, which must be signed by the City's Project Manager and included with each request. 4. Reimbursement of costs under this agreement will be based on actual costs. E. LIMITATIONS. The City shall comply with all federal, state, and local laws, together with all ordinances and regulations applicable to the work. 1. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States shall, on the grounds of race, color, or~national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It shall be the responsibility of the City to carry out the above requirements. (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllynU..ocal Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 3 2. Workers' Compensation. Any and all employees of the City or other persons - while engaged in the performance of any work or services required or permitted by the City under this agreement shall not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged shall in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any sub-contractor. F. AUDIT. 1. The City must comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are hereby incorporated by reference and made a part of this agreement. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit - ~, H. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Force Account Work, in the event that the federal government does not pay the same. In all events, the City will hold Mn/DOT harmless from any claims arising out of the Force Account Work. II. DUTIES OF MnlDOT. A. ACCEPTANCE. Mn/DOT accepts appointment as Agent of the City and will actin accordance herewith. B. AUTHORIZATION. Mn/DOT will make the necessary requests to the Federal Highway Administration for authorization of federal participation in the Force Account Work, and reimbursements therefor under the terms of this agreement. C. PAYMENT. 1. Mn/DOT will receive the funds to be paid by the Federal Highway Administration for the Force Account Work. 2. After review and approval of the payment request by Mn/DOT, Mn/DOT will reimburse the City from said funds for the eligible federal share of each ,~ payment request. (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllyn\Local Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 4 3. - No more than 9U% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by Mn/DOT's authorized representative. D. AUTHORITY. Mn/DOT may suspend unsatisfactory work, perform actions necessary to complete the Project(s) in a satisfactory manner, and/or withhold federal and/or state-aid funds as may be appropriate, as provided in Minnesota State Aid Operations Rules 8820.3000. E. INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized representativestyill have the right to audit, evaluate and monitor the work performed under this agreement, and will have access to all books, records, and documents pertaining to the work hereunder, for a minimum of six years. III. AUTHORIZED REPRESENTATIVES. Each authorized representative is responsible for insuring that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative for the purposes of administration of this agreement is Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423-2599, phone 612-861-9781, or his successor. B. Mn/DOT's authorized representative for the purposes of administration of this agreement is Lynnette Roshell, Project Development Engineer, State Aid for Local Transportation, Minnesota Department of Transportation, State Aid For Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651.282.6479, or her successor. IV. LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. Mn/DOT liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. V. ASSIGNMENT. Neither the City nor Mn/DOT will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing, and must be executed by the same parties who executed the original agreement, or their successors in office. (Mn/DOT Agreement No. 83108) C:\Documenu and Settings\roshllynU.ocal Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 5 VII. TERM OF AGREEMENT. This agreement is effective upon execution by the appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for three (3) yeazs from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. CANCELLATION. A. This agreement may be canceled by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for eligible expenses incurred for work satisfactory performed on the Force Account Work to the date of cancellation. B. In the event the State does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllynU.ocal Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as reauir~bvtl~in~Stak §§•16Ad5 and 16C.05. By: i ~ ~ ~~i~ CFMS Contract No. A- 3. DEPARTMENT OF TRANSPORTATION By: Title: Director. State Aid for Local Transportation Date: 4. COMMISSIONER OF ADMINISTRATION 2. CITY As delegated to Materials Management Division City certifies that the appropriate person(s) have executed the contract on behalf of the City as By: required by applicable articles, bylaws, resolutions, or ordinances. Date: gy; 5. ATTORNEY GENERAL As to form and execution Title: Date: By: _ Title: Date: City's Signature Acknowledgement This instrument was acknowledged before me this day of the and (title) (name) the of (title) (city) [notary seal] NOTARY PUBLIC My Commission Expires: By: Date: 20 , by (name) (Mn/DOT Agreement No. 83108) C:\Documents and Settings\roshllynU.ocal Settings\Temp\157-020-022Force Account-Signalsl.doc 2/5/00 Page 7 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 Resolutions 14 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DAWN WEITZEL, HUMAN RESOURCES MANAGER NAME, TITLE STEVEN I,. DEVICH, ADMILTISTRATIVE SERVICES DIRECTOR C~' ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2002-2003 labor contract with the Law Enforcement Labor Services, Inc., Local #225. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2002- 2003 labor agreement with the Law Enforcement Labor Services, Inc. Local #225. II. BACKGROUND City staff has completed labor negotiations with the LELS Local 225 for the years 2002 and 2003 subject to Council approval. LELS Local 225 represents the position 911 Dispatcher. There are 6 full-time and 3 part-time employees represented in the unit. The tentatively approved contract settlement includes the following changes: 1. Health Insurance A $20 increase from $475 per month to $495 per month for dependent coverage for 2002. 911 Dispatch will receive the same contribution for coverage in 2003 as General Services and Management. For 2002 and 2003 Employer provides a $1 increase from $25 to $26 per month for individual coverage of the employee toward a group dental insurance premium. ~~ . 2. ~ Wages A 3.5% across-the-board increase effective January 1, 2002. A 3%across-the-board increase effective January 1, 2003. Beginning 2002, those dispatchers assigned to provide training to other 911 Dispatcher personnel will be compensated at a rate of an additional $1.00 per hour for every hour assigned and worked (hours worked which are less than four consecutive hours do not qualify). 3. Work Schedule The normal workday for full-time employees has changed from "ten or twelve consecutive hours" to "eight to twelve (12) consecutive hours." Except in the case of emergencies, the Union will be given 20 days notice of a change in the work schedule. 4. Bereavement Leave Employees will be granted a maximum of 24 hours (an increase of 8 hours) of Bereavement Leave for the death of a spouse, parent, child, sibling, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, or sister-in-law. 5. Personal Leave In 2002, an increase of personal leave accrual from a rate of 2.31 hours biweekly to 2.77 hours biweekly. Maximum accrual increases from 192 hours to 204 hours. 6. Vacation Leave Employees may sell-back of 36 hours of vacation leave each year if they have an accumulated bank of leave in excess of 64 hours. Employees eligible to sell-back vacation authorized under this section, may do so in up to two installments between February 15 and November 15. 7. Holiday Leave Addition of Christmas Eve Day to the list of holidays where employees are compensated at a rate of time and one-half times the employee's regular base rate 8. Equity Adjustment Elimination of this Article 9. Seniority Rights Inclusion of language stipulating procedures of employee lay-offs. 10. Duration Two year contract. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2002-2003 proposed settlement is similar to other City employee groups and is well within the range for 911 Dispatch bargaining groups in similar cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2002 wages and benefits, it is recommended that the City Council act on April 23, 2002 to adopt the attached resolution providing for contract changes, effective January 1, 2002. C. FINANCIAL • 3.5% wage increases in 2002 and a 3% wage increase in 2003 • Increase in health insurance contribution in 2002 and possibly in 2003 ($20 increase for dependent coverage will cost approximately $720 a year for 3 employees receiving dependent coverage.) • Increase in personal leave time accrual in 2002 (increase of-11.96 hours per year per full-time employee) • Increase of 8 hours of Bereavement Leave • Inclusion of Christmas Eve Day to holidays compensated at a rate of time and one-half D. LEGAL • If the terms of this agreement are not approved, further negotiation will need to take place and/or arbitration. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ,~, RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #225 WHEREAS, the City Manager and the Richfield 911 Dispatcher employees Local 225 have reached an understanding concerning conditions of employment for the year 2002 through 2003; and WHEREAS, it would be inappropriate to penalize the Law Enforcement Labor Services, Inc. Local 225 members who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the Law Enforcement Labor Services, Inc. Local 225 Bargaining Unit for the years 2002 through 2003, under the provisions of the Labor Agreement to be implemented, effective January 1, 2002. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch Mayor ATTEST: Debra J. Guiher, Deputy City Clerk AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 Public Hearincs 116 BRUCE SYLVESTER, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~i~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request fora "public auto body garage" Conditional Use Permit to allow a aintless dent removal business too erate at 7524 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the requested public auto body garage Conditional Use Permit to allow a paintless dent removal business to operate at 7524 Lyndale Avenue South. II. BACKGROUND Mr. Jim Vogelgesang is requesting a "public auto body garage" Conditional Use Permit (CUP) to allow his paintless dent removal business to operate at 7524 Lyndale Avenue South, the current Harmon Auto Glass location. While Mr. Vogelgesang's business removes minor dents from automobiles, it is not `auto body repair' in the traditional sense in that there will not be paint booths, major metal work, and other procedures usually associated with auto body repair shops. Specific conditions are suggested for this permit that will explicitly state that only paintless dent removal procedures will be allowed. 0423-Lyndale-C U P.doc III. BASIS OF RECOMMENDATION A. POLICY • Public auto body repair shops are Conditional Uses in the C-2 district. The findings necessary to issue a CUP (546.05, subd.6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for `Community Commercial' at this location, which is consistent with a business that provides paintless dent removal services for automobiles. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans for this area. While. the property is located in the Gateway Village Planning area, it is not currently in a redevelopment district. The applicant was informed during staff review that the area including this address. may be redeveloped in the future. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site and proposed use have been reviewed by city staff and meet the performance standards specified in Section 541, including matters such as dumpster enclosures, signage, and off- street parking. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The primary concern for auto body repair businesses is regulating the emission of fumes associated with paint booths and noises related to repairing metal. The proposed use does not require paint booths and no major metal work will be performed. f) There is a public need for such use at the proposed location. This requirement is met. A large percentage of the community owns one or more automobiles and the services provided by the proposed business are often needed by automobile owners. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is not met, as explained below. • Public auto body garages" are a conditional use in the C-2 district, as ~ specified in section 526.27, Subdivision 17 of the zoning code. This section of the zoning code specifies 7 requirements for a Conditional Use Permit to be issued fora "public auto body garage". The proposed paintless dent removal business meets 5 of these 7 requirements but cannot meet 2, as explained below. • While the current request for a CUP meets most of the various requirements for a public auto body garage, it does not meet all of them and therefore does not meet this requirement (letter `g' above...) for issuing a CUP. Nonetheless, staff recommends that this requested CUP be granted. The following is an outline of the various requirements, which are not met, and staffs explanation for why this request for a CUP should be granted despite not meeting these specific requirements. Code Requirements that are NOT met for a CUP for Auto Body Repair At 7524 Lyndale Avenue South March 25, 2002 Section Description - Staff Comments Abutting the parcel to the west (separated by an Use shall not alley) are residential properties. Because the A abut a lot which proposed use does not require paint booths or is `R', `R-1', or major metal work, staff is recommending that it be 'MR-1' allowed to locate at the proposed address despite the fact that the property abuts `R' parcels. The building at 7524 is built with no side-yard on the south side and is therefore anon-conforming building. Similarly, the building is setback only 5 Buffer yard of feet from the front property line. As a result, a buffer C' 15 feet yard of 15 feet cannot be provided as required for the CUP. While the building is nonconforming regarding to setbacks, staff is recommending that the CUP be granted because the proposed use is appropriate for the site. B. CRITICAL ISSUES • The Planning Commission conducted a public hearing on March 25, 2002 and voted to approve this requested Conditional Use Permit. One neighbor spoke during the public hearing and raised concerns about potential noises from a paintless dent removal business. The applicant addressed her concerns and she did not oppose the proposed use. • To address the particular characteristics of the site and the specific nature of the proposed business, staff is recommending several additional conditions beyond those required in the zoning code for a "public auto-body garage", as follows: • That no paint booths or painting of automobiles or automobile parts will be allowed at this location; and • That no auto repair or auto service work will be allowed at this location other than "paintless dent removal"; and • That no vehicles will be stored on site for more than 7 days; and • That dumpsters for the business must be enclosed in an approved enclosure or kept inside the building; and • That only signage as approved by the City will be allowed. C. FINANCIAL • N/A D. LEGAL • Zoning: C-2, General Commercial • Land Use: Current: auto glass replacement Proposed: paintless dent removal (minor auto body repair) • Comprehensive Plan: Community Commercial • Notification: Neighbors and property-owners within 350 feet Legal notice appeared in the Sun Current on April 10, 2002 • Stipulations of Approval: 1. No paint booths or automobile-body painting will be .allowed at this location at any time; and 2. No automobile repair or automobile service other than paintless dent removal will be allowed at this location. 3. No vehicles may be stored on-site at this location for more than 7 days. 4. Dumpsters must be enclosed in an approved enclosure or kept indoors. " 5. Only signage as approved by the city is allowed. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested Conditional Use Permit to allow a paintless dent removal business to operate at 7524 Lyndale Avenue South. V. ATTACHMENTS • City Council Resolution • Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Applicant/Owner: Mr. Jim Vogelgesang RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR 7524 LYNDALE AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a Conditional Use Permit (CUP) for a public auto body garage on land generally located at 7524 Lyndale Avenue South, legally described as: Lots 8 and 9, Block 25 of Irwin Shores Addition WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested Conditional Use Permit at 7524 Lyndale Avenue South at its March 25, 2002 meeting, and WHEREAS, this requested Conditional Use Permit at 7524 Lyndale Avenue South meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning Code, section 546.05, subd.6, except as explained in City Council Staff Report No. 116, and WHEREAS, the City has fully considered the request for approval of the Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A Conditional Use Permit is issued for a public auto body garage, as described in City Council Staff Report No. 116 on the Subject Property legally described above. 2. This Conditional Use Permit at 7524 Lyndale Avenue South is subject to the following conditions in addition to those specified in Section 526.27 Subdivision 17 of the City's zoning code: • That the recipient of this Conditional Use Permit record this resolution with the County, pursuant to Minnesota statutes section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7; and • That no paint booths or painting of automobiles or automobile parts will be allowed at this location; and • That no auto repair or auto service work will be allowed at this location other than "paintless dent removal'; and • That no vehicles will be stored on site for more than 7 days; and • That dumpsters for the business must be enclosed in an approved enclosure or kept inside the building; and • That only signage of the size and type currently in place will be allowed. ~~, 3. The Conditional Use Permit shall remain in effect for so tong as conditions regulating it are observed, and the Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk PLAT O't1 ~5i .~ [~ I x ~7 ~° ~~~ -3 xw ~~~ ~ ~ ~\ 0 9 0.3 z ~ ;.~, ~ ' ^ ~ t-. ~' 8 `J 1 ~~ trJ ~ ..v ~~e `; ~ ~~ ~ ~~~ 'v ~t~ ~- O ~ 1 ~ ~~~~ ~~ ~, o..~. ~~ ~ ~ ~ ~°~ 0 ~ 00 " ~ A 213' FEET MORE OR LES~i x TO THE NORTHERLY `' ~; -RIGHT-OF--WAY OF 76TH STR~-~: 0 :0 CRETE SURFACE , ; ALLE Y~ubbc ~IIe~, o _. (~ (i(} ._ _ ._._ RIGHT OF WAY 40 PLAT ' a 160' PLAT` PLAT 40 x RIGHTS TO ACC AIANG ENTIRE ALLEY ~ ~ ~ d A OUS SURF 2 E FOOT BUILDING W o p b ~ ~~~~.~.~.~ a ~ e a~~~ ~ ~ ~ ° ~ ` ~ ` ETBACK LINE !~, l ~ x e 39.9 a' ' ' ° ° - - -- -._-._.______ O j \ } ~ d ~ I ` l ~ SHED ~~ N ' ~ O i ~ I ~ ,p ~ , ~ ~~ ~ ~. ~ CD ~ v p i y ~ ~ ~ ~ rr^^ I; ~ ~ x `~ ' ~ O ~, ~ -: ~ too ~ o ' r ~ ~ H --,~ 1.3~ n L! ~::- ~ ~ p I ~ ~' ~ ~ ~ ; p ~ ~ ! ~~ c~ ~ o ~ G~ y x 00 •~ ~~-- ~ A %ti 1~ . n IGHT-OF-WAY) ~ ~ ~~ ~ ~ Obi TH 9" CLAY SANITAR ~ SEWER LINE 0 ~ ACCESS 0 12" C.IP 1NATERMAIN 1 ~ \ ;~ ~ ~ ~`~ -~ W \ tr p'U O p 41 ,CC~ 7C~ ~ ~ ~d H p A c~ ` ~ 120' PLA~ ro m x ~d 4D' PLAT ~ _40' PLAT ,,,, (RIGHT-OF-WAY) o ~ ON 9" CLAY SANTfARY SEWER LINE ~ m ;BETE SIDEWALK ACCESS o ~d RB dt GUTTER ~~P WATERMAIN LYNDALE AVENUE ~ ~~° ? w rt A .+ ,?y. C ~Sfi C W I^ V/ ~""RieC) Q '"- ~ O O r ~ m a=~ o m ,nA CSC ~~.Z1 .. ate r , N = v a 0 N O ,• y m j ~ ND 3 ~ rr1 fl ON a _ ° N II . _. . m fO p n ~ r « co •~ m ~' N °- ° O rt y_?~A O ~QAm 7 it d ` AGENDA SECTION: public Hearings AGENDA ITEM # 12 REPORT # 115 ~~ STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' .11M TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE AIM TOPITZHOFER, RECREATION SERVICES DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a transitory ordinance providing funding for certain capital improvements not previously approved, from the Special Revenue Fund. I. RECOMMENDED ACTION: By Motion: Approve second reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements not previously approved. III. BACKGROUND At the February 12, 2002 and March 12, 2002 City Council meetings, the City Council authorized $240,000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2002. The original amount of Special Revenue funds authorized by the City Council was $545,000 at the December 10, 2001 City Council meeting. At that point in time, staff and City Council were recently notified that Governor Ventura !`~ was proposing to reduce Local Government Aid. The Governor's proposal would potentially reduce funding from the State of Minnesota to the City of Richfield in an amount up to $1,300,000 for the year 2002. Because of this drastic reduction of funding, the City Council put a hold on proceeding with the YMCA Tri-City Skate Park 0423 trans ordinance and the Community Center Remodeling, and reduced funding to capital parks maintenance projects by $25,000, until the Legislature finalized the State Budget. These items were subsequently not included in the transitory ordinance approved by City Council on March 12, 2002. Based on the recent budget bills passed by the State Legislature that do not cut aid to cities in the year 2002, City Council may wish to reconsider to follow through with one or more of the two deferred projects and/or restore the major park maintenance project funding. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Although the threat of the reduction of Local Government Aid has subsided for the year 2002, all indications are that LGA will most likely be significantly reduced or eliminated in the year 2003 and beyond. • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2002 so that the -_~ capital projects can be initiated on a timely basis, completed and the funds expended. • In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the public hearing and second reading be completed at the April 23, 2002 City Council meeting. C. FINANCIAL • While the total 2002 Capital Improvements Budget (CIB) includes total budgeted expenditures of $10,405,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 545,000. At the February 12, 2002 and March 12, 2002 City Council meetings only $240,000 of the $545,000 was approved. The ordinance under consideration will address the remaining $305,000 that had been previously deferred. Therefore, the below project expenditures should be considered: Park Maintenance $ 25,000 Community Center $ 200,000 Tri-City Skate Park $ 80,000 • A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. • The source of Special Revenue funds is municipal liquor profits. 'o`ff D. LEGAL • The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special- Revenue funds. ' IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the Capital Improvement Budget. V. ATTACHMENTS • Transitory ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None r"°~ BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance $ 25,000 Community Center Renovations $ 200,000 Tri-City Skate Park $ 80,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs,, City Clerk ~~, AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT Public Hearings 11 114 CITY COUNCIL MEETING APIZIL 23, 2002 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: NANCY GIBBS, CITY CLERK NANCY GIBBS, CITY CLERK NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIG ATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the transitory ordinance to establish new ward boundaries to conform to redistricting requirements pursuant to Minnesota Statutes and City Charter and consideration of the resolution establishing boundaries of election precincts, amending Resolution No. -7858. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached transitory ordinance establishing new ward boundaries following the 2000 census data and conforming to redistricting requirements pursuant to Minnesota Statutes and City Charter; and approve the attached resolution establishing boundaries of election precincts, amending Resolution No. 7858. II. BACKGROUND At the March 26, 2002 City Council meeting, Council discussed the redistricting process, designation of polling places, ward boundary shifts and legislative changes that could affect future local elections. The City Council must establish ward boundaries and precinct boundaries by April 30, 2002 (MN Statute 2046.135 and 2046.14). 0423wards With respect to ward boundaries, the City is to equalize the population contained within the City's three wards. This does not mean that the wards must be exactly ~~ the same population but rather that the wards must be within a 5% deviation. A minor boundary adjustment in the current ward boundaries would balance the wards well within the 5% deviation. The Council must also establish precinct boundaries by April 30, 2002. The precinct boundaries cannot cross the legislative district lines or ward lines. According to the new legislative districts, Richfield will now be entirely contained with Senate District 63. The district will be split into House Districts 63A and 63B by an irregularly configured boundary line that runs north/south along a portion of Portland Avenue. The ordinance included in the Council packet shows the three precincts within Ward 2 would be unbalanced according to population data created by the 2000 census. However the precincts would conform to law and staff is confident that the polling places established for these precincts could accommodate the number of registered voters who would need to be served. The precinct boundaries presented in the included resolution, Plan 1A, are consistent with the legislative districts and the Plan 1 ward boundaries. III. BASIS OF RECOMMENDATION ~` A. POLICY • City Charter Section 2.03 requires that within two years after each United States Census the City Council shall by ordinance establish compact contiguous districts to be apportioned by population as nearly equal as practicable. The three districts shall be eastern, central and western Richfield with dividing lines generally north and south. B. CRITICAL ISSUES • Staff must submit the City's plan to the Secretary of State's office and Hennepin County Elections Division on or before April 30, 2002. • Ward and Precinct boundaries shall be effective for the conduct of the September 10, 2002 election. • Notice of the public hearing was published in the Richfield Sun Current on April 10, 2002. C. FINANCIAL • The county auditors office will reimburse the City for cost directly related to redistricting such as public hearing notices, mailings and printing. ~ D. LEGAL- • Minnesota State Statute 204B.135 requires the City to establish ward boundaries by April 30, 2002. • Minnesota State Statute 2046.14, subd.3c requires the City to establish precinct boundaries prior to April 30, 2002. '~ If the City Council does not either confirm or redraw the ward boundaries within the period specified in section 2046.135, no compensation may be paid to the Mayor or Member of the Council (MN Statute 205.84,subd 2). IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may choose a ward district boundary modification which is different than the proposed modification. • The City Council could decide to make no changes and risk that an eligible voter may apply to the district court for a writ of mandamus requiring the redistricting of wards. V. ATTAC~IMENTS • Transitory ordinance establishing new ward boundaries. • Resolution establishing new precinct boundaries.- • Maps depicting the ward and precinct boundaries proposed in the attached ordinance and resolutions. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO.2002- TRANSITORY ORDINANCE NO. AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Pursuant to the provisions of Section 2.03 of the City Charter of the City of Richfield, the boundaries of the three Council Ward Districts of the City are hereby established as follows: Ward District 1 All of the City lying West of Interstate 35W Ward District 2 All of the City lying East of Interstate 35W and lying West of the following described line: Beginning at the intersection of the centerlines of Highway 62 and Portland Avenue; thence south along the centerline of Portland Avenue to its intersection with the centerline of 74t" Street; thence west along the centerline of 74t" Street to its intersection with the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to its intersection with the centerline of Interstate 494 and there terminating. Ward District 3 All of the City lying East of the following described line: Beginning at the intersection of the centerlines of Highway 62 and Portland Avenue; thence south along the centerline of Portland Avenue to its intersection with the centerline of 74t" Street; thence west along the centerline of 74t" Street to its intersection with the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to its intersection with the centerline of Interstate 494 and there terminating. Sect. 2. The ward boundaries described above shall be effective for the conduct of the September 10, 2002 election. Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of April, 2002. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk RESOLUTION NO. ~` RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS; AMENDING RESOLUTION NO. 7858 [Plan 1A] BE IT RESOLVED by the City Council of the City of Richfield as follows: The boundaries of the election precincts, and polling places for such election precincts, within the City are hereby amended and established as follows: .Precinct 1 Boundaries That area of the City lying East of the centerline of Portland Avenue and lying Northerly and Easterly of the following described line: Beginning at the .intersection of the centerlines of Portland Avenue and 68t" Street; thence East along the centerline of 68t" Street to the centerline of Cedar Avenue; thence South along the centerline of Cedar Avenue to 69t" Street; thence along the centerline of 69t" Street to the easterly line of 21St Avenue and there terminating. Precinct 1 Polling Place: Mt. Calvary Education Building - 6541 16th Avenue Precinct 2 Boundaries That area of the City lying East of the centerline of Interstate 35W, West of the ~ centerline of Portland Avenue, and North of the following described line: Beginning at the intersection of the centerlines of Interstate 35W and 66t" Street; thence East along the centerline of 66t" Street to the centerline of Lakeshore Drive; thence southeasterly along the centerline of Lakeshore Drive to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68t" Street; thence East along the centerline of 68t" Street to the centerline of Portland Avenue and there terminating. Precinct 2 Polling Place: St. Peter's Catholic Church - 6720 Nicollet Avenue Precinct 3 Boundaries That area of the City lying West of Interstate .35W and lying Northerly of the following described line: Beginning at the intersection of the centerlines of 68t" Street and Xerxes Avenue; thence East along the centerline of 68t" Street to the centerline of Humboldt Avenue; thence South along the centerline of Humboldt Avenue to 69t" Street; thence East along the centerline of 69t" Street to the centerline of Interstate 35W and there terminating. Precinct 3 Pollin Place: Sheridan Hills School - 6400 Sheridan Avenue ~ Precinct 4 Boundaries That area of the City lying South of the centerline of 68t" Street and West of the centerline of Penn. Avenue. Precinct 4 Polling Place: St. Richard's Catholic Church - 7540 Penn Avenue Precinct 5 Boundaries That area of the City lying East of the centerline of Penn Avenue, South of the centerline of 68tH Street, and East of the following described line: Beginning at the intersection of the centerlines of Humboldt Avenue and 68tH Street; thence South along the centerline of Humboldt Avenue to the centerline of 69tH Street; thence East along the centerline of 69tH Street to the centerline of Interstate 35W; thence South along the centerline of interstate 35W to its intersection with the centerline of Interstate 494 and there terminating. Precinct 5 Polling Place: Richfield Middle School - 7461 Oliver Avenue Precinct 6 Boundaries That area of the City lying East of the centerline of Interstate 35W, South of "Line A" described below, and west of "Line B" described below. Line A is described as beginning at the intersection of the centerlines of Interstate 35W and 66t" Street; thence East along the centerline of 66t" Street to the centerline of Lakeshore Drive; thence southeasterly along the centerline of Lakeshore Drive to the centerline of Lyndale Avenue; thence South along the centerline of Lyndale Avenue to the centerline of 68tH Street; thence East along the centerline of 68tH Street to the centerline of Nicollet Avenue and there terminating. Line B is described as beginning at the intersection of the centerlines of 68tH Street and Nicollet Avenue; thence South along the centerline of Nicollet Avenue to the centerline of 71St Street; thence East along the centerline of 71St Street to the centerline of Stevens Avenue; thence South along the centerline of Stevens Avenue to the centerline of 73~d Street; thence East along the centerline of 73~d Street to the centerline of 2nd Avenue; thence South along the centerline of 2nd Avenue to the centerline of Interstate 494 and there terminating. Precinct 6 Polling Place: Central School - 7145 Harriet Avenue Precinct 7 Boundaries That area of the City lying South of the centerline of 68t" Street, West of the centerline of Portland Avenue; North of the centerline of 74t" Street; and East of the following described line: Beginning at the intersection of the centerlines of 68tH Street and Nicollet Avenue; thence South along the centerline of Nicollet Avenue to the centerline of 71St Street; thence East along the centerline of 71St Street to the centerline of Stevens Avenue; thence South along the centerline of Stevens Avenue to the centerline of 73~d Street; thence East along the centerline of 73~d Street to the centerline of 2nd Avenue; thence South along the centerline of 2nd Avenue to the centerline of 74tH Street and there terminating. Precinct 7 Polling Place: -Hope Presbyterian Education Facility - 7132 Portland Avenue Precinct 8 Boundaries That area of the City lying South of the centerline of 68t" Street, East of Line "C" ~i described below, and West of Line "D" described below. Line C is described as beginning at the intersection of the centerlines of 68t" Street and Portland Avenue; thence south along the centerline of Portland Avenue to the centerline of 74t" Street; thence West along the centerline of 74th Street to the centerline of 2"d Avenue; thence South along the centerline of 2"d Avenue to the centerline of Interstate 494 and there terminating. Line D is described as beginning at the intersection of the centerlines of 68t" Street and 11t" Avenue; thence South along the centerline of 11t" Avenue to the centerline of 70t" Street; thence East along the centerline of 70t" Street to the centerline of 12tH Avenue; thence South along the centerline of 12t" Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline of 11 to Avenue; thence South along the centerline of 11t" Avenue to the centerline of 77t" Street; thence East along the centerline of 77t" Street to the centerline of 12tH Avenue; thence South along the centerline of 12t" Avenue to the centerline of Interstate 494 and there terminating. Precinct 8 Polling Place: Richfield Intermediate School - 7020 12th Avenue Precinct 9 Boundaries That area of the City lying South of the centerline of 68t" Street; West of the centerline of Cedar Avenue; and East of the following described line: beginning at the intersection of the centerlines of 68t" Street and 11th Avenue; thence South along the centerline of 11t" Avenue to the centerline of 70t" Street; thence East along the centerline of 70t" Street to the centerline of 12t" Avenue; thence South along the centerline of 12t" Avenue to the centerline of 71St Street; thence West along the centerline of 71St Street to the centerline of 11 t" Avenue; thence South along the centerline of 11t" Avenue to the centerline of 77t" Street; thence East along the centerline of 77t" Street to the centerline of 12th Avenue; thence South along the centerline of 12t" Avenue to the centerline of Interstate 494 and there terminating. Precinct 9 Polling Place: Centennial School - 7315 Bloomington Avenue 2. The precinct boundaries shall be effective for the conduct of the September 10, 2002 election. The City Clerk is directed to post notice of the precinct boundaries in the office of the City Clerk at least sixty (60) days' prior to September 10, 2002. 3. The City Clerk or county auditor shall notify each affected registered voter of the change in election precinct boundaries at least 14 days prior to the first election in which the new precincts are used. 4. The City Clerk is directed to immediately notify the secretary of state of the change in precinct boundaries. The City Clerk is further directed to prepare maps showing the correct boundaries of each election precinct in the City and to provide a copy of the map to the secretary of state within 30 days of the adoption of this resolution. A copy of the maps must also be available for public inspection in the office of the City Clerk. 5. For each election held in the City the City Clerk shall furnish copies of the appropriate precinct maps to the election judges for each polling place. Adopted by the City Council of the City of Richfield this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Z 3 - a r Ole 3f~nbl 5 j"% moll 33` l~l S _ i ~ s j ¢ ~ _ ,__._ -I 'S I__ 3 • ~-9 ~ r R S - 'G i ~ r -_'-S __.L- 3 ~ '8~'.__- I E' I ~ ~ IS 11 I ~~.L__ _.~- _I-g-_ ~ ~ S-~__ ;a ;- I s '~ I '~ ~ ~~ .. ~ ~,~ 5 I~~ s S N I ~ _I S --~ - ~_ S ~ r _ ~ - I ~~~ _sl ~, ; s _ L ~~~~ ~s Js I ~I ,~ r~' _ s w ;w III ~ " s ; ~ ~ 3ntl ;, I s ~ '3ntl b jtuac F ~~ .-.~_. _ __ SAS 2j d ~ ~ s s I~ 3nr; f 1NVS rax -s g I ~ I - lanv I '~ 18 S ; I oNa >N m _ _. 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NN3d \~ i ~ /U~ tl~~ g 3 V '. ~I.~N33(10 '. '~ ~ ~r ~ \ ' W ;~ ' ~' ll3s ~ ~ ~ I •--, _._ I -^ i ; V s ~ I, -~ 3nv I V;~ _ ~ '., Nva m3NS '~, q ~ f, !, L _I_ w~ ~ Q (~ ~ ~ 1 6 3nb W'. r 6~LL ~ , N ~ N t+t v ul ~O [~ m Ol /~~( S 3n A L U U', 1 ~~ ,` 1SS 3 3 ~V; ; ; 3 w 3, NO1dN ~ ~~ ~,_, a U UI U U U U U ~ ~~ \V 1N30NIn A C C C C C G C N C' = IV _ _ ; 1 311 /~ ~ ' - S ~ ~ ~ ~ `u II L - ~ y N2X19 HSVM KM/1S ~ ~ ~~ ~I a ul °„'~ °:i °;' °:' a "u ~ 3nv .3ra3x 3 j ~I - ~ a i a w w w a w'. a' o. /~~ \~ W ~~~ ~ I ~ N L ~ 3nY I'I ~ ~, NaDA I O O ~ U ~ ~ ~~o ~ ~ ~; O AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 consent ION 11 REPORT PREPARED BY: BETSY CxxISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: <<~~ ~C~~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ,r, . - n /l,G ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for itinerant place of amusement, itinerant food, and temporary intoxicating liquor licenses for Don Pablos, 980 West 78t" Street, for their Cinco De Mayo Celebration to be held on Saturday, May 4, and Sunday, May 5, 2002. I. RECOMMENDED ACTION: By Motion: Approve the request of itinerant place of amusement, itinerant food, and temporary intoxicating liquor licenses for Don Pablos, 980 West 78t" Street, for their Cinco De-Mayo Celebration to take place on Saturday, May 4, and Sunday, May 5, 2002. III. BACKGROUND ~ On April 5, 2002, Don Pablos submitted applications for itinerant place of amusement, itinerant food, and temporary intoxicating liquor licenses for their Cinco De Mayo event. The event will take place from 11 a.m. until 1 a.m. All fees have been received. ~ A detailed activity plan is currently on file. They are proposing to erect a 20' x 80' _ tent in which to service additional patrons. They will be serving a selection of appetizers as well as alcoholic beverages outdoors. There will also be a disc jockey playing music throughout the event. 0423Don Pablos Cinco De Mayo Public health, Fire and Police staffs previously issued a detailed list of event '-~ regulations and stipulations to Don Pablos for this event. They have assured us -' that they will comply with all recommendations. A certificate of liquor liability to cover the exterior of the establishment has been received showing American MFRS Mutual Insurance Company affording the coverage. Don Pablos has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process. • The City has previously issued licenses for Don Pablo's Cinco De Mayo event. • There have been no problems in connection with Don Pablo's Cinco De Mayo event in the past. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for itinerant place of amusement, itinerant food, and temporary intoxicating liquor licenses. This would mean that the applicant would not be able to conduct activities on Saturday, May 4, and Sunday, May 5, 2002. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • Tod Hanson, General Manager AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 Consent lOM 112 REPORT PREPARED BY: BETSY CxxISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: r1 Gv ~' S/GNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the issuance of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive, with further recommendation that the Council pass the attached resolution approving the gambling activity requested by the applicant in accordance with Richfield Citv Code 1100.13, sub.6. II. BACKGROUND On April 9, 2002, Fred Babcock VFW Post #5555 submitted an application for the renewal of their lawful gambling license. The $100 investigation fee has been received. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. 0423 VFW Gambling III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. B. CRITICAL ISSUES • The applicant has complied with the state statutes and City code pertaining to lawful gambling. • The applicant has submitted the request within sixty days of the renewal of the license. The applicant has demonstrated that the gambling activity requested is a benefit to the community. C. FINANCIAL • N/A D. LEGAL • N/A ,~ ;' IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555. This would mean that the applicant would not be able to conduct gambling activities within their establishment; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • A resolution granting approval for Fred Babcock VFW Post #5555 to conduct lawful gambling. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR ., FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING ON THEIR PREMISES, 6715 LAKESHORE DRIVE WHEREAS, Fred Babcock VFW Post #5555 has submitted an application for the renewal of their lawful gambling license; and WHEREAS, the application requests renewal of their bingo operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # l OL REPORT # 111 J STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ® K ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the issuance of a lawful gambling license for the Mpls-Richfield American Legion Post #435, 6501 Portland Avenue South, and approve a resolution allowing this activit . I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a lawful gambling license for the Mpls-Richfield American Legion Post #435, 6501 Portland Avenue South, with further recommendation that the Council pass the attached resolution approving the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13. Sub.6. II_ . BACKGROUND On March 20, 2002, the Mpls-Richfield American Legion Post #435 submitted an application for the renewal of their lawful gambling license. The $100 investigation fee has been received. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. 0409 Legion Gambling III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code 1100.13 requires the Public Safety department to review the request for the gambling license and make its review and recommendation to the City Council. B. CRITICAL ISSUES • The applicant has complied with the state statutes and City code pertaining to lawful gambling. • The applicant has submitted the request within sixty days of the renewal of the license. • The applicant has demonstrated that the gambling activity requested is a benefit to the community. C. FINANCIAL • N/A D. LEGAL • N/A - ~, IV. ALTERNATIVE RECOMMENDATION(S~ Deny the request for the renewal of a lawful gambling license for the Mpls- Richfield American Legion Post #435. This would mean that the applicant would not be able to conduct gambling activities within their establishment; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • A resolution granting approval for the Mpls-Richfield American Legion Post #435 to conduct lawful gambling. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR \ ~ THE MPLS-RICHFIELD AMERICAN LEGION POST #435, TO CONDUCT LAWFUL GAMBLING ON THEIR PREMISES, 6501 PORTLAND AVENUE SOUTH WHEREAS, the Mpls-Richfield American Legion Post #435 has submitted an application for the renewal of their lawful gambling license; and WHEREAS, the application requests renewal of their pulltab operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 1. That a lawful gambling .license be granted to the Mpls-Richfield American Legion Post #435, 6501 Portland Avenue South. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # I OK REPORT # 11 ~ ~- STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ ~~~ , ~~ / ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new motor vehicle dealer license for Chas Automotive Group, LLC, d/b/a Richfield Auto Sales, 6529 Penn Avenue South, with the stipulation that the applicant has obtained the required State of Minnesota Motor Vehicle Dealers license prior to Citv licensina. RECOMMENDED ACTION: By Motion: Approve the request for a new motor vehicle dealer license for Chas Automotive Group, LLC, d/b/a Richfield Auto Sales, 6529 .Penn Avenue South, with the stipulation that the applicant has obtained the required State of Minnesota Motor Vehicle Dealers license prior to City licensing. II. BACKGROUND On April 10, 2002, the City received the application for a new motor vehicle dealer license for Chas Automotive Group, LLC, d/b/a Richfield Auto Sales. The applicant has paid the required licensing fees. <~~ The Public Safety background investigation has been completed and reveals the following: 0423 Chas Motor Vehicle Dealer License Charles Hersch is the owner of Richfield Auto Sales. He has no known criminal ,_~ history. The applicant is in the process of leasing the building located at 6529 Penn Avenue South to operate a new motor vehicle business. This property was previously operated as the Walser Bargain Lot. A copy of the lease agreement has been received. The Zoning Administrator was contacted at the time of this application to discuss the issuance of a new motor vehicle dealer license at the desired location. Staff was informed that there is currently a temporary Conditional Use Permit (CUP) for this property to allow the sale of new and used motor vehicles. The Zoning Administrator indicated that there were no areas of concern regarding Richfield Auto Sales operation as long as all of the requirements of the CUP are followed. The applicant is in the process of obtaining the required State of Minnesota Motor Vehicle Dealer's License for 2002. A notarized copy of this state application form has been received. The Public Safety Department received five Police calls in the past year regarding this address. The calls were regarding thefts, vandalism, and disturbances. Environmental Health staff received two complaints for this location in 2001. The complaints were regarding long grass and weeds, and a CUP violation of more than 30 vehicles on the property. The applicant agrees to act in a cooperative manner with the Public Safety Department and will comply with all City ordinances and state statutes. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the provisions of both City codes and state statutes pertaining to motor vehicle dealer licensure. B. CRITICAL ISSUES • The stipulations of the approved temporary CUP must be observed. • A copy of the state issued motor vehicle dealers license must be submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request of a new motor vehicle dealer license. This would result in the applicant not being able to operate a motor vehicle dealership at the property located at 6529 Penn Avenue South. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Charles Hersch, Owner AGENDA SECTION: Consent AGENDA ITEM # 1 ~ J REPORT # I D 9 STAFF REPORT CITE' COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: BRAD SVEUM, ASSISTANT FIRE CHIEF REPORT PRESENTER: KEVIN MCGINTY, FIRE CHIEF N,~uE, TITLE DEPARTMENT DIRECTOR REVIEW: ,~ ~, ~~~~. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing renewal of contract with State Fire Marshal's office for Public School Inspection Services. I: RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the January 2002 through December 2004 Public School Inspection Agreement between the City and the MN Department of Public Safety, State Fire Marshal Division. III. BACKGROUND ~ The City has maintained a three year contract with the Minnesota Department of Public Safety,- Fire Marshal Division .for Public School Inspections since 1991. III. BASIS OF RECOMMENDATION A. POLICY ~~ This is a recurring agreement pursuant to MN Statutes, Section 121.1502. • The State Fire Marshal Division has notified us that the contract expired December 31, 2001 and is due for renewal. • The Richfield Fire Department wishes to renew the contract with the MN Department of Public Safety, Fire Marshal Division. B. CRITICAL ISSUES • Contract is currently due for renewal. • Inspections are to be completed for each Public School, once during every three year period. • The Richfield Fire Department wishes to conduct their own Fire/Life Safety Inspections of-each school on an annual basis anyway. C. FINANCIAL • No budget impact. • The Richfield Fire Department receives free inspection training from the State Fire Marshal as part of this project. D. LEGAL • The City attorney has reviewed and approved the past contract with Minnesota Department of Public Safety, Fire Marshal Division. IV. ALTERNATIVE RECOMMENDATION~S~ -~ • Do not sign the contract. V. ATTACHMENTS • Resolution authorizing Richfield Fire Department to renew contract for Public School Inspections with the IViN Department of Public Safety, Fire Marshal Division. Public School Inspection Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING THE RICHFIELD FIRE DEPARTMENT TO RENEW A CONTRACT WITH THE STATE FIRE MARSHAL'S OFFICE TO PROVIDE STATE REQUIRED SCHOOL BUILDING FIRE INSPECTIONS. WHEREAS, the Minnesota State Fire Marshal's office requires public school building s to be inspected every three years for fire safety interests and that the current contract to do such between the City of Richfield and the State Fire Marshal expired December 31 2001; and WHEREAS, this contract is a recurring agreement pursuant to MN Statutes, Section 121.1502; and WHEREAS, the City of Richfield will receive free training to do inspections from the State Fire Marshal in conjunction with this contract; and WHEREAS, .the City of Richfield is qualified and willing to do this type of inspection. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a contract with the State Fire Marshal to do state required public school inspections through December 2004. Samantha Orduno, City Manager, is hereby authorized to execute such agreements as necessary to implement the project on behalf of the City of Richfield, Fire Department. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002 . Martin J. Kirsch, Mayor_ ATTEST: Deborah J. Guiher, Deputy City Clerk DEPARTMENT OF PUBLIC SAFETY FIRE MARSHAL DIVISION 444 CEDAR STREET -SUITE 145 ST. PAUL, MINNESOTA 55101-5145 PUBLIC SCHOOL INSPECTION AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety -Fire Marshal Division ("State") and the City of Richfield, Department of Public Safety/Fire Division address_ 6700 Portland Avenue South . Richfield ,Minnesota ("Contractor"). WHEREAS, the State, pursuant to Minnesota Statutes 123B.73 is required to develop a plan to inspect once every three years every public school facility used for educational purposes, and. WHEREAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to engage such .assistance as deemed necessary, and WHEREAS, the Fire Chief of the above named(fire department, does hereby agree that a representative of the city's fire department will conduct all public school fire inspections within their jurisdiction. To ensure uniformity of enforcement throughout the state, these inspections will be conducted in accordance with standards stated in this contract, and WHEREAS, Contractor represents that it is duly qualified and willing to perform the services set forth herein, NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. All public school facilities used for educational purposes within jurisdiction will be inspected by Contractor at least once every three (3) years. 2. All public schools within Contractor's jurisdiction will be inspected in accordance with the requirements of the Minnesota Uniform Fire Code (MUFC) and enforced in accordance with the administrative policies of the State Fire Marshal. 3. State Fire Marshal Division will provide the necessary training for city fire department personnel contracting to conduct these inspections. 4. Copies of inspection reports will be filed with the local school board and the State Fire Marshal and must be submitted to these authorities within seven days following inspection. 5. All variances to fire code orders must be approved by the State Fire. Marshal. . ~ .. -- .: 6. Cancellation:, This contract maybe cancelled by the State, or Contractor at any time, with or without cause, upon written notice to the other party. 7. Term or Contract:. This contract shall be effective on January 1, 2002,_ or upon the date that the fmal required signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until December 31, 2004; or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. 8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is Patrick Sheehan, Bureau Chief -Inspections, or his successor in office, -State Fire Marshal Division. Such agent shall have final authority for acceptance of Contractor's services and if such services are accepted as satisfactory. 9. Assignment. Contractor shall neither assign nor transfer any rights or obligations under this contract without the ,~ prior written consent of the State. lO.xLiability. The Contractor will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arisuig from the performance of this agreement by the Contractor or the Contractor's agents or employees. This clause will not be construed to bar any legal remedies the Contractor may have for the State's failure to fulfill its obligations under this agreement. ~, 11. State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Contractor's books, records, documents, an accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract. 12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Contractor or the State. If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. 3 13.Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHERE OF, the parties. have caused this contract to be duly executed intending to be bound thereby. APPROVED: CONTRACTOR: /`~ .~.-~- _......., ~.Q..~,d~ BY: ~~~~~ ' ~" ` TITLE: YY~ Ciy t~ fZ -~ / DATE: C'~7`~`~-~' %~ ~ ~~ BY ~ ~ TI ~,E~~ ' T~..i t~ ~~nC~ G ~" DATE: ~~ ~ 07~ STATE AGENCY OR DEPARTMENT:.: (Authorized Signature) BY: TITLE: DATE: ATTORNEY GENERAL: APPROVED TO SIGN ON BEHALF OF THE ATTORNEY GENERAL AS TO FORM AND EXECUTION BY: DATE: COMMISSIONER OF ADMINISTRATION: BY: DATE: NO ENCUMBRANCE: (Authorized Signature) BY: __ DATE: ., ~ _ I certify that the signatures for the Contractor have lawful authority, by virtue of the city by-laws or a city resolution, to bind the Contractor to the terms of this. contract agreement. DATE: BY: Attorney for Contractor AGENDA SECTION: Consent AGENDA ITEM # l O I REPORT # 108 STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR REPORT PRESENTER: .11M TOPITZHOFER, RECREATION SERVICES DIRECTOR DEPARTMENT DIRECTOR REVIEW: ~ < , " REVIEWED BY CITY MANAGER: ~' ITEM FOR COUNCIL CONSIDERATION: Consideration of joint powers agreement between the Cities of Richfield, Edina and. Bloomington and the Southdale YMCA to construct and operate the YMCA Tri-City Skate Park. ~~ I. RECOMMENDED ACTION: ~~ By Motion: Approve the execution of the joint powers agreement between the Cities of Bloomington, Edina and Richfield and the Southdale YMCA for the construction, ownership and operation of the YMCA Tri-City Skate Park. II. BACKGROUND The attached joint powers agreement is the product of two years of planning between the Cities of Richfield, Edina and Bloomington and the Southdale YMCA. The agreement articulates the joint participation of all partners in the initial construction of an outdoor skate park for skateboarding, inline skating and trick bikes, at an estimated cost of $270,000. When completed, the Southdale YMCA will assume full responsibility for the facility. The skate park will be constructed in Edina's Yorktown Park, adjacent to the Southdale YMCA, 7355 0423 skate park agreement York Avenue South. The name of the skate park will be YMCA/Tri-City Skate Park, unless a new name is arranged with a significant donation. _ The YMCA/Tri-City Skate Park will be operated from April through October, weather-permitting. With approval of this agreement, construction of the facility will begin this summer, with the facility opening in April of 2003. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to City Charter Section 7.12, Subdivision 2, a transitory ordinance and public hearing will be held on April 23, 2002, to authorize Richfield's portion of capital funds for the skate park in the amount of $80,000. B. CRITicAL IssUEs • The Southdale YMCA will be responsible for all operating costs of the skate park. • If the Southdale YMCA terminates the agreement, the City of Edina will own the facility. • The Southdale YMCA will set the fees for the skate park, with the stipulation that Richfield residents (and residents of the other partner cities) will receive a reduced rate equal to the YMCA member rate. C. FINANCIAL • After the initial construction contribution in the amount of $80,000, the City of Richfield is under no obligation to cover any future costs of the skate park, capital or operating. • The Southdale YMCA is obligated to submit an operating budget of the skate park to the City of Richfield on an annual basis, to be reviewed by the Community Services Commission. D. LEGAL • The City Attorney has reviewed the joint powers agreement. • The Southdale YMCA will assume all liability with respect to operation, ownership and maintenance of the skate park. • The Southdale YMCA will hold the City of Richfield harmless and will name the City of Richfield as a named insured. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Southdale YMCA Tri-City Skate Park Joint Powers Agreement with exhibits VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Draft #3 - 4/11/02 TRI-CITY SKATE PARK AGREEMENT THIS AGREEMENT is made on the day of , 2002, by and among the City of Bloomington, a Minnesota municipal corporation ("Bloomington"), the City of Edina, a Minnesota municipal corporation ("Edina"), the City of Richfield, a Minnesota municipal corporation ("Richfield"), and the [insert correct legal name for Southdale YMCA], a Minnesota nonprofit corporation ("YMCA"). RECITALS A. Each party to this Agreement desires that a facility be constructed to be used by the community for in-line skating, skate boarding and trick biking (the "Skate Park"). B. It is more economical for the parties to provide jointly for the construction and maintenance of the Skate Park than for each party to construct and maintain its own facility. C. The parties desire to jointly provide for the construction, operation and maintenances of a Skate Park by the YMCA in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth, the Members agree as follows: Section 1. Construction of Facilitv; Location of Facilitv. The YMCA shall cause the Skate Park to be constructed and equipped as described in Exhibit A hereto. Construction will be undertaken so that the Skate Park will be available for community use no later than .The Skate Park shall be constructed by the YMCA on property owned by Edina and located in Yorktown Park in the corporate limits of Edina adjacent to the YMCA's facility in Edina as more specifically described in Exhibit B hereto (the "Premises"). Edina shall lease the Premises to the YMCA as provided in the Ground Lease attached hereto as Exhibit C 3 (the "Ground Lease"). The YMCA shall permit users of the Skate Park to park in its parking lot adjacent to the Premises. Section 2. Construction of Skate Park and Payment of Initial Costs of Construction and Equipping of Skate Park. The Skate Park will be constructed by the YMCA. The initial costs of construction and equipping the Skate Park are estimated to be $270,000 as further described on Exhibit D hereto. To provide for the payment of the costs of constructing and equipping the Skate Park, Bloomington, Edina and Richfield shall each contribute $80,000 to the YMCA to pay the initial costs of construction and equipping the Skate Park, and the remaining $30,000 cost of constructing and equipping the Skate Park shall be paid by the YMCA. If the costs of constructing and equipping the Skate Park exceed $270,000, such additional cost shall be paid by the YMCA. Section 3. Operation of Skate Park; Fees and Charges. The YMCA shall manage and operate the Skate Park and shall maintain the Skate Park as provided in the Ground Lease. At its expense, the YMCA shall employ such personnel as are required to operate and maintain the Skate Park. The Skate Park shall be made available for use by the general public and the YMCA shall determine the hours of operation and operating policies of the Skate Park. The YMCA will determine the fees and charges necessary to be charged to users of the Skate Park by the YMCA to pay the costs of operation and maintenance of the Skate Park. In setting such fee schedule, the YMCA shall provide that users who are either residents of the cities of Bloomington, Edina and Richfield, or members of the Southdale Branch of YMCA, will pay a lower fee than other users of the Skate Park. In addition, users who are residents of Bloomington, Edina and Richfield and members of the Southdale Branch of the YMCA shall be given other preferences over other users of the Skate Park, such as the ability to register early for special events and lessons offered at the Skate Park. 4 Section 4. Insurance. The YMCA shall assume all liability with respect to the operation and ownership of the Skate Park and shall maintain and provide for the insurance required by the Ground Lease naming the YMCA and Edina and the YMCA as named insureds, as their respective interests may appear, and naming Bloomington and Richfield as additional insureds. The YMCA shall provide to Bloomington, Edina and Richfield a certificate of insurance evidencing that the insurance required by the Ground Lease is in effect prior to commencing construction of the Skate Park. Section 5. Additional Capital Improvements. The parties recognize that following the initial construction of the Skate Park additional capital improvements to the Skate Park may be desired at a later date, including the construction of a permanent building. The parties agree to work cooperatively toward addressing future capital needs of the Skate Park. Section 6. Termination by YMCA. If the YMCA determines to terminate its operation of the Skate Park and cancel the Ground Lease, the Skate Park will then be owned by Edina. In such event, Edina shall not be liable to refund any capital contributions made by the parties to the construction of the Skate Park. Upon any such termination by the YMCA, Bloomington, Edina and Richfield will negotiate for the cooperative operation of the Skate Park by Bloomington, Edina and Richfield. Section 7. Name of Skate Park. The Skate Park will initially be named "The YMCA/Tri-City Skate Park." The Skate Park may be renamed in the event of a substantial donation to the Skate Park to the name designated by such donor provided that such name is approved by all of the parties to the Agreement. Any such donation shall be used to pay for additional improvements to the Skate Park. Section 8. Operating Budget and Reports. The YMCA shall prepare an operating budget for the Skate Park for each season of operation not less than 60 days prior to the 5 anticipated opening date of the Skate Park for such operating season and shall furnish a copy of such budget to Bloomington, Edina and Richfield. Following the conclusion of each operating season, the YMCA shall prepare a report showing the operating results for the Skate Park for such season and detailing the usage of the Skate Park for such season and shall furnish a copy of such report to Bloomington, Edina and Richfield. Section 9. Term. The term of this Agreement will commence on 2002 and will continue thereafter until , 2017. The term of the Agreement may be extended for an additional period of 10 years upon the agreement of all parties hereto. Section 10. Indemnity. The YMCA shall defend, indemnify and hold harmless Bloomington, Edina and Richfield and each of its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the YMCA's (including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the YMCA. Section 11. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 6 Section 12. Audit. The books, records, documents and accounting procedures of the YMCA relevant to the Agreement are subject to examination by Bloomington, Edina, Richfield and the legislative auditor or state auditor, as appropriate, pursuant to Minnesota Statutes, Section 16C.05, subdivision 5. Section 13. Assi nment. A party shall not assign or transfer its rights and obligations under this Agreement without the prior written consent of all other parties. Section 14. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 7 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF BLOOMINGTON Mayor City Manager Approved for Execution: City Attorney Date CITY OF EDINA Mayor City Manager Date CITY OF RICHFIELD Mayor City Manager Date 8 [INSERT CORRECT TITLE FOR YMCA] Its Date EXHIBIT A DESCRIPTION OF SKATE PARK TRI-CITY/YMCA SKATE PARK The Tri-City YMCA Skate Park will be a 15,000 square foot facility that will consist of three concrete bowls with varying levels of challenges and skating elements. The facility will include: beginner, intermediate and advanced bowls; skating elements (rails, spines, pyramids, fun boxes, quarter pipes, etc.); security fencing; spectator area; service building; concessions; drinking fountain and rest rooms. This in-ground concrete structure with three separate bowl-like areas will cater to skateboard, in-line skate and trick-style bike enthusiasts of all abilities. This skate park will include elements to ensure a challenging, fun, and safe environment for the users. The Tri-City/YMCA Skate Park will be open to both youth and adults. The facility with its central location to Bloomington, Edina and Richfield will serve users of these three communities as well as the entire metro area. The facility will be open to in-line skaters, skateboarders and trick bikers. A-1 EXHIBIT B DESCRIPTION OF SKATE PARK SITE The entire skate park will be located on City of Edina park property located immediately east of the existing Edina Fire Station within Yorktown Park, which is adjacent to the Southdale YMCA. The legal description of the site is to be determined after final drawings are approved by all parties. The skate park is designed to be square shaped and approximately 10,000 square feet enclosed with chain link fencing. The existing site is currently a softball field with back stop fencing and player benches. B-1 EXHIBIT C GROUND LEASE EXHIBIT D ESTIMATED COSTS OF INITIAL CONSTRUCTION AND EQUIPPING OF SKATE PARK Description Total Cost General Conditions $25,000 Earthwork $4,000 Site Utilities $37,000 Fencing $16,425 Landscaping $14,300 Site Concrete $42,000 Miscellaneous Metals $15,840 Sealants $1,875 Entry Building $20,000 Skatepark Structure $140,000 Insurance $1,582 Contingency -10% $31,802 Fee - 5% $17,491 Total Construction Cost Estimate $367,316 C-2 GROUND LEASE THIS GROUND LEASE ("Lease") is made and entered into as of 2002, between the City of Edina, a Minnesota municipal corporation ("Landlord"), and [insert correct legal name of Southdale YMCA] ("Tenant"). WITNES SETH: PREMISES AND TERM Premises. Landlord demises and leases unto Tenant, and Tenant hires and takes from Landlord, all of that certain parcel of land situated in the City of Edina, County of Hennepin and State of Minnesota, more particularly described on Exhibit A attached hereto and made a part hereof, subject to the encumbrances described on said Exhibit A and together with all rights, privileges, easements and appurtenances belonging, or in any way appertaining thereto (the "Premises"). The Tenant shall construct and operate on the Premise facilities for in-line skating, skateboarding and trick biking (the "Skate Park") in accordance with this Lease and Tri-City Skate Park Agreement (the "Skate Park Agreement") dated , 2002, by and among the Landlord, the Tenant, the City of Bloomington and the City of Richfield. Term. The initial term of this Lease will commence on , 2002, and will continue thereafter until , 2017 unless sooner terminated in accordance with the provisions hereof. Renewal. The Term of this Lease shall be extended for an additional period of 10 years (the "Extension Term") if the Skate Park Agreement is extended as provided in Section 9 thereof, subject to and upon the following conditions: The Extension Term will be upon all of the terms and conditions of this Lease, including rent. The initial term, together with the Extension Terms are collectively referred to herein as the "Term." Early Termination. If at any time the Tenant is no longer operating the Skate Park on the Premises or has made a determination to cease operating the Skate Park this Lease will automatically terminate upon 10 days written notice by either party. RENT Base Rent. Tenant shall pay to Landlord for the Premises an annual base rental equal to One Dollars ($1.00) in advance on the first day of each and every calendar year during the term hereof. Such rental shall be paid to Landlord at 4801 West 50th Street, Edina, Minnesota 55424, Attn: Parks and Recreation Director. Base rent for the first calendar year and the final calendar year of the Term, whether this Lease ends by expiration or ' ` earlier termination, will be prorated based on the number of days in such calendar year within the Term. It is acknowledged that Landlord is a party to the Skate Park Agreement and that the rental provided herein, combined with additional consideration provided to the Landlord as a party to the Skate Park Agreement, is adequate consideration for Landlord's lease of Premises to Tenant. Additional Rent. As additional rental hereunder, Tenant will pay, or cause to be paid, before penalty attaches, all taxes, fees and other charges of whatsoever nature levied, assessed or imposed by the State of Minnesota or political subdivisions thereof on the Premises and any improvements now or hereafter located thereon or on the ownership thereof, which are payable during the term hereof, commencing with those payable in the calendar year in which the Term commences, and concluding with those payable in the calendar year in which the Term expires; provided, however, that the taxes, fees and other charges payable in the calendar years in which the Term commences and expires shall be apportioned between Landlord and Tenant according to the number of months this Lease is in effect during such calendar years. Tenant shall pay all special assessments levied against the Premises and any improvements now or hereafter constructed thereon; provided, however, to the extent said special assessments may be paid over a period of time, Tenant's obligation with regard to the same will be met so long as at any one time the then current installment shall be paid before delinquent. If at any time any taxes, fees or other charges payable during the term hereof, commencing with those due and payable in the calendar year in which the Term commences and concluding with those payable in the calendar year in which the Term expires, shall be levied by the State of Minnesota or any political subdivision thereof against Landlord with respect to its interests in said property, or rentals payable by Tenant hereunder in lieu of, or in substitution in whole or in part for, any taxes, fees or other charges that might otherwise be levied or assessed by such taxing authority on the Premises or any part thereof and any improvements thereon, Tenant will pay, or cause to be paid, when due, any and all such taxes, fees and other charges. If any substitute taxes, fees or other charges are based on income, Tenant's obligations hereunder shall be calculated as if Landlord had no income other than that payable to it under the terms of this Lease. Tenant shall deliver to Landlord, not later than 10 days after the date when payment would otherwise be delinquent, a paid receipt evidencing payment of all amounts to be paid by Tenant pursuant to this Article. Net Lease. It is the intention and purpose of the parties hereto that this Lease will be a "net lease" to Landlord, all cost or expense of whatever character or kind, general and special, ordinary and extraordinary, foreseen and unforeseen and of every kind and nature whatsoever that may be necessary in or about the operation of the Premises and Tenant's authorized use thereof during the entire Term to be paid by Tenant (other than the maintenance of landscaping on the Premises and mowing of grass, care of any shrubs and general landscaping of Premises which will be undertaken by Landlord). All provisions of this Lease relating to expenses are to be construed in light of such intention and purpose to construe this Lease as a "net lease." A-2 ' USE OF THE PREMISES Use. Tenant will use the Premises only for the Skate Park in accordance with this Lease and the Skate Park Agreement. Compliance with Laws. Tenant shall, at its sole cost and expense, indemnify Landlord and its officers, agents and employees against all claims, demands and actions, and all related costs and expenses (including attorneys' fees) for any failure of Tenant to comply with all valid, applicable laws, ordinances and regulations of any nature whatsoever now or hereafter in any manner affecting the Premises or Improvements or the use thereof. Tenant shall not commit any unlawful occupation, business or trade to be conducted on the Premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto, and shall protect Landlord and the Premises against any tax, fee or other charge or penalty imposed or levied against the Premises on account of any failure to comply with any such law, ordinance or regulation. Tenant shall maintain in force and effect all permits, licenses and similar authorizations necessary for it to use and operate the Premises; provided that neither this clause nor any other provision in this Lease shall be construed as granting or allowing any uses other than the uses expressly permitted under this Lease. CONSTRUCTION; ALTERATIONS Construction of Skate Park. Tenant shall construct upon the Premises the improvements necessary for operation of the Skate Park as provided in the Skate Park Agreement. No construction will commence until Tenant shall have procured all necessary governmental permits and authorizations necessary for such construction. Landlord will join in the application for such permits and authorizations, as Landlord, whenever such action is necessary. The construction of all improvements will be done in a good and workmanlike manner and in compliance with all applicable building and zoning laws and all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments having jurisdiction over the Premises. Tenant will complete the construction of the improvements free and clear of all mechanics' liens, conditional bills of sale, chattel mortgages, or other liens, and shall indemnify and hold Landlord harmless from and against all claims, losses, damages and expenses of whatsoever nature that may be incurred or become chargeable against Landlord or the Premises by reason of any work done or materials furnished to or upon the Premises in connection with the initial construction of the improvements or by reason of any fine, penalty or imposition or any other matter or thing arising out of the construction of the improvements. Alterations. Tenant shall have the right at any time during the Term, at its sole cost and expense, to make such changes in, and additions and alterations, structural or otherwise, to the Premises and to any improvements now or hereafter located thereon as Tenant shall deem necessary or desirable in connection with the operation of its business; provided, however that: A-3 1. all work is done in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations; and 2. the cost of the work is fully paid for by Tenant. Nothing contained in this Article shall be deemed to require Landlord's consent or approval to normal tenant fixturing of any improvements now or hereafter constructed on the Premises. UTILITIES Payment of Utilities. Tenant will pay or cause to be paid all charges for cleaning and building services, gas, water, steam, electricity, light, heat, air conditioning, power, telephone, trash removal and other service or utility used, rendered or supplied upon, or in connection with the Premises during the Term, and will save the Landlord harmless against any liability or expense for any such charge. INDEMNITY Tenant Indemnity. Tenant will indemnify, defend and hold Landlord harmless from and against all claims, demands and actions, and all reasonable costs and expenses relating thereto (including reasonable attorneys' fees), for damage, injury, death, disability or illness of or to any persons or property, arising out of, or as a result of, surveying or inspecting or testing of soil and land conditions of the Premises, Tenant's possession of the Premises, construction of the improvements thereon, or Tenant's use of the Premises or any breach or default of Tenant in the performance of any of its covenants hereunder. INSURANCE Builder's Risk Insurance. During the construction of any improvements on the Premises, at Tenant's sole cost and expense, Tenant shall maintain builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to 100% of the replacement costs of the improvements as of the date of completion, with coverage on the so-called "all risk," non-reporting form of policy. Casualty Insurance. At Tenant's sole cost and expense, Tenant shall keep all improvements now or hereafter located on the Premises insured at all times throughout the Term against loss or damage by fire and "all-risk" coverage risks in an amount not less than the actual cash value thereof. Liability Insurance. During the Term, as additional rent hereunder and at Tenant's sole cost and expense, Tenant shall maintain comprehensive general liability insurance protecting Landlord equally with Tenant from liability with respect to accidents occurring on or about the Premises or arising out of the use thereof in reasonable amounts, but not less than $300,000 for injury or death to any person, $1,000,000 for injury or death A-4 arising out of any one accident, and $100,000 for property damage claims arising out of any one accident. Workers' Compensation Insurance. Tenant shall maintain Workers' Compensation Insurance as required by Minnesota Statutes, Section 176.181. Miscellaneous. All insurance required to be maintained by Tenant hereunder shall be effected under valid and enforceable policies issued by a reputable insurance company or companies authorized to do business in the State of Minnesota and reasonably acceptable to Landlord. Upon commencement of the Term, and thereafter not less than 10 days prior to the expiration of any current policy, Tenant shall deliver to Landlord certificates evidencing the existence of all insurance policies which Tenant is required to maintain hereunder and payment of all required premiums for the same. All builder's risk, casualty and liability insurance policies required to be maintained by Tenant hereunder shall name Landlord and Tenant as named insureds, as their respective interests may appear and shall name the City of Richfield and Bloomington as additional insureds, and shall provide that any loss shall be payable notwithstanding any act of negligence of Landlord, Tenant, or any sublessee or other occupant of the Premises which might otherwise result in a forfeiture of said insurance. The loss, if any, under any casualty insurance policies required to be maintained by Tenant hereunder shall be adjusted with the insurance companies by Tenant, but Landlord will have the right to confer with Tenant in adjusting any such loss. Each policy required to be maintained by Tenant hereunder shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be cancelled without at least 10 days prior written notice to Landlord and Tenant. Nothing in this Lease will prevent Tenant from taking out the insurance required to be maintained by Tenant hereunder under a blanket insurance policy or policies which can cover other properties as well as the Premises; provided, however, that any such policy or policies of blanket insurance shall specify therein, or Tenant shall furnish Landlord with a written statement from the insurers under such policy or policies, specifying the amount of the total insurance allocated to the Premises and improvements located on the Premises, which amount shall not be less than the amounts required hereunder. HAZARDOUS SUBSTANCES Hazardous Substances. The term "Hazardous Substances," as used in this Lease, shall include, without limitation, medical waste, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs); chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any state, local or federal authorities (the "Authorities"). Tenant agrees to the following with regard to Hazardous Substances and environmental laws: Tenant shall not cause any violation of any federal, state , or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under, or A-5 about the Premises, or arising from Tenant's use, alteration or occupancy of the Premises, including, but limited to, soil and ground water conditions. Tenant shall not cause the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance on, under, or about the Premises, or the transportation to or from the Premises of any Hazardous Substance, to the extent any such activity is prohibited by, or results in liability under ,any law regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ("Laws"). Should any Authority or any third party demand that aclean-up plan be prepared and that a clean-up be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the Term, at or from the Premises, Tenant shall, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial assurances; and Tenant shall carry out all such clean-up plans. Tenant shall promptly provide all information regarding the use, generation, release, storage, transportation, or disposal of Hazardous Substances that is known to Tenant reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Article within a reasonable time, Landlord may, without obligation, perform such actions after 10 days' prior notice to Tenant of Landlord's intention and, upon demand by Landlord Tenant will reimburse Landlord for all costs in connection therewith, including without limitation attorneys' fees, as additional rent hereunder; and in such case, Tenant will cooperate with Landlord to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Laws to the Premises and Tenant's use thereof, and for compliance therewith, and Tenant will execute and deliver all documents promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant's obligations under this Article. Tenant will indemnify, defend, and hold harmless. Landlord and its officers, directors, beneficiaries, shareholders, partners, agents, and employees from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including, without limitation, attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Substances that occur during the Term, at or from the Premises, or which arise at any time from Tenant's use, alteration or occupancy of the Premises, or from Tenant's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control. Tenant's obligations and liabilities under this Article will survive the expiration or earlier termination of this Lease. A-6 CASUALTY Dama a to Premises. In the event of damage to, or destruction of, the Premises or any building, buildings or other improvements now or hereafter located thereon, by any cause whatsoever, Tenant will, at its own expense and without cost to Landlord, proceed immediately and diligently to restore the Premises and such building, buildings and other improvements located thereon to the same or equivalent condition that they were required to be kept in before such damage or destruction. If such damage or destruction was caused by perils insured against, Tenant shall use the proceeds from such insurance, to the extent necessary, to pay for the restoration of the Premises. In the event the insurance proceeds are insufficient to pay for the restoration, Tenant shall. be obligated to supply the deficiency. No Abatement. The rental to be paid by Tenant to Landlord hereunder shall not be abated, either in whole or in part, by reason of any damage to, or destruction of, any building, buildings or other improvements currently constructed or hereafter constructed, either in whole or in part, on the Premises. MAINTENANCE; LIENS Maintenance. Tenant, at Tenant's sole cost and expense, shall take good care of the Premises and the improvements constructed thereon during the Term and will maintain the same in reasonably good condition, including all sidewalks, curbs and parking areas located on the Premises, and Tenant shall make all repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen, all as may be necessary to keep the Premises and all improvements thereon in good order and condition. When used in this Lease, the term "repairs" shall include all replacements, renewals, alterations, additions and betterments, when necessary and appropriate. All repairs made by Tenant shall be equal in quality and class to the original work. Tenant shall also keep and maintain the Premises free of accumulated dirt, rubbish, snow and ice, and any unlawful obstructions. The Premises shall not be maintained as, nor shall Tenant permit the Premises to become, a public or private nuisance. Landlord shall not be required to make any expenditure whatsoever in the maintenance of the Premises or any improvements thereon except that Landlord shall be responsible for taking care of the landscaping on the Premises and the mowing of grass, care of any shrubs and general landscaping. Liens. Tenant shall not permit any mechanics', laborers' or materialmen's liens or the claims thereof to stand against the Premises by reason of any cause whatsoever. ASSIGNMENT Tenant shall not assign this Lease or sublet the Premises either in whole or in part, or mortgage, pledge or hypothecate this Lease without in each such case receiving the prior A-7 written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Any consent given by Landlord hereunder shall be with respect to the particular transaction for which consent is requested, and the giving of such consent shall not be deemed consent to a subsequent transaction. No assignment or sublease, regardless of Landlord consent requirements, will relieve Tenant of any liability hereunder. TITLE TO IMPROVEMENTS Prior to the expiration or earlier termination of this Lease, title to all improvements heretofore or hereafter constructed on the Premises shall be vested in the Tenant. Without the further act of either of the parties hereto, title to all improvements heretofore or hereafter constructed on the Premises will vest in Landlord, its successors or assigns, free and clear of all encumbrances, except encumbrances listed on Exhibit A attached hereto, as of the expiration or earlier termination of this Lease. Without limiting the generality of the foregoing, Tenant shall, upon the expiration or earlier termination of this Lease, execute such instruments and in such form as Landlord, its successors or assigns, may require for the purpose of confirming title to said improvements in Landlord, its successors or assigns. DEFAULT Self Help. If Tenant fails to make any payment or perform any act required to be made or performed hereunder, or shall fail to make any payment or perform any act required to be made or performed by any mortgage which is a lien on the Premises, or Tenant's interest therein, or shall fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant, Landlord; without waiving or releasing any obligation or default, may, but shall be under no obligation to, make such payment or perform such act for the account and at the expense of Tenant, and may enter upon the Premises or any part thereof for such purposes and take such action thereon as, in Landlord's opinion, may be necessary or appropriate therefor. In the event of an emergency, such actions may be taken at any time and without any notice. In the event of anon-emergency, such actions may be taken at any time after such failure continues for more than 10 days after written notice thereof from the Landlord (or if the failure is of such a character as to require more than 10 days to cure and Tenant has commenced the cure and is continuing to use reasonable diligence in curing such failure, at any time after that period of time reasonably necessary to cure such failure). No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs, fees and expenses so incurred shall constitute additional rent hereunder and shall be paid immediately upon demand. Tenant Default. If any of the following events of default shall occur: (a) if Tenant shall fail to pay any installment of rent and such failure shall continue for 10 days after written notice thereof from the Landlord; or (b) if Tenant shall fail to perform or comply with any other term hereof and such failure shall continue for more than 30 days after written A-8 notice thereof from Landlord (or, if such failure is of such a character as to require more than 30 days to cure and if Tenant continues to use reasonable diligence in curing such failure, for more than that period of time reasonably necessary to cure such failure); or (c) if Tenant shall make an assignment for the benefit of creditors, be adjudicated insolvent or bankrupt pursuant to the provisions of any State or Federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant shall be appointed and shall not be discharged within 60 days after such appointment, or if any voluntary proceedings are instituted under any insolvency or bankruptcy act seeking to effect a reorganization of Tenant or a composition with its creditors, or an arrangement; or (d) Tenant shall fail to pay any amounts owing under or perform or comply with any requirement of any mortgage which is a lien on the Premises or Tenant's interest therein, and such failure shall continue for more than 30 days after written notice from either Landlord or the mortgagee of such mortgage; or (e) Tenant shall fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant and such failure shall continue for more than 30 days after written notice from either Landlord or any tenant or sublessee, then and in any such event, Landlord may, at its option, declare a forfeiture of this Lease and, whether or not such a forfeiture shall be declared, may re- enter into possession of the Premises and remove all persons therefrom and collect all rents owing but unpaid for all periods to and including the last day of the month during which Landlord shall obtain possession of the Premises together with any costs, expenses or damages incurred or suffered as a result of such default, which sums shall thereupon become immediately due and payable, and in the event that Landlord shall elect to declare a forfeiture and shall recover possession of the Premises, Tenant shall nevertheless remain liable for, as liquidated and agreed current damages, and shall pay amounts equal to the rent hereunder as such rent becomes'due, plus all payments to be made by Tenant hereunder, less (i) the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to the provisions of this Article after deducting from such proceeds all of Landlord's expenses in, connection with such repossession or such reletting; or (ii) the net proceeds, if any, of all rents, issues and profits arising from or related to the Premises and all buildings and improvements constructed thereon after deducting from such proceeds all of Landlord's expenses in connection with receiving such rents, issues and profits. Assignment of Rents. If Landlord recovers possession of the Premises by reason of Tenant's default under the terms of this Lease, Tenant does hereby assign unto Landlord all rents, issues and profits, if any, arising from or related to the Premises and all buildings and improvements constructed thereon. Re-Letting. At or from time to time after repossession of the Premises or any part thereof pursuant to the provisions of this Article, whether or not the Term ends pursuant to the provisions of this Article, Landlord may (but shall not be obligated to) relet the Premises or any part thereof for the account of Tenant, in the name of Tenant, or Landlord or otherwise, without notice to Tenant, for such term or terms (which may be greater or less than the period which would otherwise have been constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent) and for such uses as Landlord, in its sole discretion, may determine, and may collect and receive A-9 the rents therefor. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting. Remedies Not Exclusive. Except insofar as is inconsistent with, or contrary to, any provisions of this Lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. No Waiver. Except to the extent that Landlord may otherwise agree in writing, no waiver by Landlord of any breach of Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same, or any other obligations, agreements or covenants, nor shall any forebearance by Landlord to seek a remedy for such breach by Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. Attorney's Fees. Reasonable attorneys' fees and all other expenses incurred by Landlord by reason of any default by Tenant under the terms of this Lease will constitute an additional rental hereunder payable by Tenant to Landlord upon demand with interest thereon at the lesser of eighteen percent (18%) per annum or the maximum interest rate permitted by law until paid. MISCELLANEOUS -~ ' Quiet Enjo~ent. Landlord represents and warrants that it is the lawful owner of the Premises, that the same are free from all encumbrances, liens or defects in title, except those set forth on Exhibit A attached hereto, that it has full right and power to make this Lease and that so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy and enjoy the Premises during the Term. No Personal Liability. Notwithstanding any provision herein to the contrary, Landlord and Tenant agree that if either party is in default of this Lease, that the other party shall look solely to the interest of the defaulting party in the Premises, and that neither Landlord nor Tenant, nor their shareholders, directors, officers, employees, agents or representatives, shall have any personal liability to pay any indebtedness hereunder or to perform any covenant contained herein, and that no personal liability or personal responsibility of any sort is assumed by, nor shall at any time be asserted or enforceable against, Landlord, Tenant, or their directors, officers, employees, agents or representatives. Each party and all persons claiming by, through or under such party hereby expressly waives and releases all such personal liability. The terms "Landlord" and "Tenant" as used in this Lease shall mean, at a given time, the person, firm or corporation who is the owner or owners, collectively, for the time being of the fee or leasehold estate in the Premises, and any successor or assignee thereof. A-10 Amendment. None of the covenants, provisions, terms or conditions of this Lease shall be in any manner modified, waived or abandoned except by written instrument duly signed and delivered by Landlord and Tenant. Partial Invalidity. If any term, condition or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder thereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Lease and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with to the full extent permitted by law. Inspection Rights. Upon reasonable prior notice (except in the case of an emergency when no notice will be required), Tenant will permit Landlord's authorized representatives to enter the Premises and all improvements located thereon at all times during the usual business hours for the purpose of inspecting the same and of curing Tenant's defaults as Landlord is permitted to do under the Article titled "DEFAULT"; provided that Landlord shall not unreasonably interfere with the conduct of Tenant's operations on the Leased Premises. Notices. Any notice or election herein required or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of this Lease if delivered to an officer of such other party hereto and his or her receipt obtained therefor, or if mailed in a sealed wrapper by United States registered or certified mail, postage prepaid; properly addressed to such other party at the address hereinafter specified. Unless and until changed by notice as herein provided, notices and communications shall be addressed as follows: If to the Landlord: City of Edina 4801 West 50~' Street Edina, MN 55424 Attn: Parks and Recreation Director If to -the Tenant: Southdale YMCA Attn: Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to which addressed, on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed given and served personally upon delivery thereof in the manner above provided. Either party may change the address to which mailed notice is to be sent to it by giving the other party not less than thirty (30) days advance written notice thereof. A-11 Bindin Eg ffect. All of the terms and conditions of this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective, successors and assigns. Memorandum of Lease. At the request of either party hereto, ashort-form lease will be prepared by the requesting party in form and substance reasonably satisfactory to each of the parties hereto, and shall be executed by each of the parties hereto in duplicate and delivered to the requesting party for filing by such party in the Hennepin County property records. Estoppel Certificates. Landlord and Tenant each agree at any time and from time to time upon not less than 10 days prior written notice to execute, acknowledge and deliver to the other party a statement certifying that this Lease is in full force and effect (or if not in full force and effect or if modified or amended stating the nature of the default, modification or amendment as the case may be) and the dates to which rental has been paid hereunder, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser of either the Premises or the leasehold estate created hereby. IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease as of the day and year first above written. LANDLORD: City of Edina By Its Mayor And Its City Manager TENANT: [Insert correct legal name of Southdale YMCA] By Its A-12 EXHIBIT A Legal Description of Premises and Permitted Encumbrances A-1 AGENDA SECTION: Consent AGENDA ITEM # 1 OH REPORT # I 0 ~ STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR Nance, TI7ZE STEVEN L. DEVICH, ADMINISTRATIVE SERV CE DIRECTOR Nance, DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize the Mayor to sign a consent and conflict waiver for Moss & Barnett re ardin re resentation of the YMCA fora ro osed Tri-Cit Skate Park A reement. RECOMMENDED ACTION: By Motion: Authorize the Mayor to sign a consent and conflict waiver for Moss & Barnett regarding representation of the YMCA for a proposed Tri-City Skate Park Agreement. II. BACKGROUND Brian Grogan, a partner at Moss & Barnett, represents the Southwest Suburban Cable Commission (SWSCC) and indirectly, the City of Richfield on various cable communications matters. The Young Men's Christian Association of Metropolitan Minneapolis (YMCA) has asked Moss & Barnett to represent them in addressing a proposed Tri-City Skate Park agreement. The skate park proposal also includes the cities of Bloomington, Edina and Richfield. Moss & Barnett has advised the City of the potential conflict of interest. However, the Moss & Barnett firm does not believe that their representation of the YMCA would adversely affect their relationship with the City because this matter is outside 0423MossBarnett of the scope of their normal representation of the City on cable communications matters. Moss & Barnett further believes that it is necessary to obtain written '~-~ consent from both parties and have set forth a request for a written waiver from the parties. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate in cases like this for the attorney to seek a consent and conflict waiver. The conflict waiver request has been discussed with the City Attorney. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • Moss & Barnett does not work directly for the City of Richfield. They are employed by the SWSCC, which covers Richfield as a member City. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may decide not to authorize the conflict waiver. If this would occur, Moss & Barnett would need to consider resigning representation of either the City of Richfield or the YMCA. V. ATTACHMENTS • Letter and acknowledgement from Moss & Barnett. VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~~ MOSS & BARNFTT JEFFREY L. WATSON 612.347.0266 Watson)@moss-bamett.com BRIAN T. GROGAN 612.347.0340 GroganB@moss-bamett.com VIA U.S. MAIL April 16, 2002 David R. Ornstein City Attorney 221 ~ West OId Shakopee Road Bloomington, MN 55431-3096 Sandy S. Stooke, Senior Vice President The Young Men's Christian Association of Metropolitan Minneapolis 30 South Ninth Street Minneapolis, MN 55402 Mr. Gordon Hughes City Manager 4sQ1 :~~~st sett. street Edina, MN 55424 Mr. Steve Devich Assistant City Manager 6700 Portland Avenue Richfield, MN 55423 A Professional Association 4800 V6'ells Fargo Center 90 South Se~~enth Street Minneapolis. Ai'\ 55402-4129 Telephone 612.347.0300 Facsimile 612.339.6686 w~~~.moss-bamett.com Re: Representation of The Young Men's Christian Association of Metropolitan Minneapolis _ (the "YMCA") with respect to a proposed Tri-City Skate Park Agreement by and among the YMCA, the City of Bloomington, Minnesota ("Bloomington"), the City of Edina, Minnesota ("Edina") and the City of Richfield, Minnesota ("Richfield") Dear Representatives: Moss & Barnett has been asked to provide certain services to the YMCA in regards to the above- referenced proposed Tri-City. Skate Park Agreement, and a related Ground Lease from Edina to the YMCA. Moss & Barnett represents the YMCA on a regular and ongoing basis on a variety of matters. Moss & Barnett also represents Bloomington, Edina and Richfield on various cable communications matters. We value our attorney-client reiationship with each of itlese clients. Under Rule 1.7 of the rules regulating the conduct of lawyers, a lawyer cannot represent a client if the representation will be directly adverse to another client unless: 1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other party; and 2) each client consents after consultation. We do not believe that our representation of the YMCA in connection with the proposed Skate Park Agreement and the related Ground Lease will adversely affect our relationship with any of the parties, or result in a disadvantage to any of the parties, because we understand that the parties have largely reached agreement on the terms of their relationship with respect to the proposed skate park. We believe that in fact our participation as counsel for the YMCA will facilitate completion of the process in an efficient and expeditious manner with no adverse effect on the other parties. AGENDA SECTION: Consent AGENDA ITEM # 10 G REPORT # 10 6 D STAFF REPORT COUNCIL MEETING: APRIL 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: u fwTIA MEDVETSKI, REDEVELOPMENT SPECIALIST BRUCE PALMBORG, .COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of Professional Services Agreements for Airport Noise Acquisition Program. I. RECOMMENDED ACTION: By Motion: Approve execution of ten (10) attached Professional Services Agreements for Airport Noise Acquisition Program. II. BACKGROUND On March 26, 2002, the City Council approved an agreement (Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million to the City of Richfield to purchase properties that are, or will be, negatively impacted by airport operations. Since then, staff has been working to identify a project team consisting of legal counsel, an acquisition/negotiation services/relocation consultant, appraisers to prepare appraisal reports for real estate and immovable fixtures and review appraisers. Nine appraisal firms have been identified to undertake various appraisal work. An additional firm has been identified to provide technical assistance for acquisition, negotiation and relocation services. ~ Fees for services have been submitted by these consultants. A summary of their fees are listed within the table. Additional detail is provided within their respective Professional Services Agreements (PSA), as attached. Please note that each appraiser/consultant has a specific task to undertake, therefore, the fees vary 0423ANAP_PSA.doc accordingly. Also, certain appraisers have quoted additional fees for supplemental report updates. Consultant Type of Service Fee Update Fee McKinzie Metro Appraisal Real Estate Appraisals (Single Family Homes) $2,375.00 N/A Forsythe Appraisals, Inc. Real Estate Appraisals (Single Family Homes) $1,750.00 N/A Real Estate Appraisals BCL Appraisals, Inc. (Single Family Homes and $2,400.00 N/A Duplexes) Nagell Appraisal and Real Estate Appraisals Consulting, Inc. (Single Family Homes and $3,450.00 N/A Duplexes) Real Estate Appraisals Patchin Messner & Dodd, Inc. (Commercial and Apartment $22,000.00 $11,000.00 Buildings) Colliers Towle Valuation and Real Estate Appraisals $17 000.00 $11 000 00 Consultation Services, Inc. (Apartment Buildings) , , . Immovable Fixture Appraisals Ramberg Appraisal Service (Commercial and Apartment $1,225.00 N/A Buildings) Fixtures Review Appraisals C R Pelton Associates (Commercial and Apartment $100.00/hour N/A Buildings) Review Appraisals Ruppert & Ruppert Associates, (Single Family Homes, Duplexes, $225.00/hour N/A Inc. Commercial and Apartment Buildings) Conworth Inc. Acquisition, Negotiation and $70.00/hour N/A , Relocation Services All of the consultants listed above have worked with the City previously on airport acquisition projects (specifically, Cedar Avenue and Trunk Highway 77 Interchange Project and 18th Avenue, north of East 66th Street). Conworth's work. will be an extension of the services it has provided over the years and in the airport acquisition projects. All of the consultants meet the requirements enumerated within the Agreement with MAC. III. BASIS OF RECOMMENDATION A. POLICY • Entering into Professional Services Agreements with the consultants listed above is a standard operating procedure for projects whose funding source is outside of the City. • The consultants selected for the project have worked on airport acquisition projects in the past and have been recommended by the City's attorney, Robert Lindall of Kennedy & Graven, and MAC staff. B. CRITICAL ISSUES • For this project's work to begin, the City Council is being requested to approve all of the PSA. C. FINANCIAL • The Agreement with MAC identifies the project's funding source, which MAC is obligated to pay. D. LEGAL • The City's legal counsel reviewed and approved the Professional Service Agreements being used for the project. E. 'I~MING • The goal is to begin the appraisal process immediately upon the City Council's approval of the Professional Services Agreements. Staff anticipates title and possession by December 31, 2002 for all properties except the apartment buildings. The date of title and possession for the apartment buildings has not yet been determined as of this writing. IV. ALTERNATIVE RECOMMENDATION~S~ • Delay approval of the Professional Service Agreements. • Do not approve the Professional Service Agreements. • Either of the above alternative recommendations negatively impact the construction schedule which is anticipated to start in spring 2003. V. ATTACHMENTS • Ten (10) Professional Services Agreements VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and McKinzie Metro Appraisal, (whose address is 4740 Washington Square, Suite 200, White Bear Lake, MN 55110, ATTN: Gerald McKinzie), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this _ Agreement. Appraiser shall complete Uniform Residential Appraisal Reports (URAR) for ,~ the properties listed on Exhibit A attached hereto no later than June 15, 2002. The fee for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $75.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $90.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this. Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager STATE OF MINNESOTA COUNTY OF )SS. Gerald A. McKinzie The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Gerald A. McKinzie, the owner of McKinzie Metro Appraisal, a sole proprietorship. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Parcel Type of Talan Pro a Address PID Number Fee for Uniform Residential A raisal Re ort 1 Full Fee 6614-18th Ave. So. 26-028-24-41-0066 $475.00 2 Full Fee 6620-18th Ave. So. 26-028-24-41-0067 $475.00 3 Full Fee 6626-18th Ave. So. 26-028-24-41-0068 $475.00 4 Full Fee 6632-18th Ave. So. 26-028-24-41-0069 $475.00 5 Full Fee 6638-18th Ave. So. 26-028-24-41-0070 $475.00 TOTAL $2,375.00 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Forsythe Appraisals, Inc., (whose address is 222 Little Canada Road, St. Paul, MN 55117, ATTN: Gregory Callahan), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete Uniform Residential Appraisal Reports (URAR) for the properties listed on Exhibit A attached hereto no later than June 15, 2002. The fee for the URAR shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $95.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $135.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and. Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual.. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the .performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; .and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA City Manager STATE OF MINNESOTA COUNTY OF )SS. FORSTYTHE APPRAISALS, INC. The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this by ,the Forsythe Appraisals, Inc., a corporation under the laws corporation. of Minnesota, on behalf 2002, _ of of the Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) day of 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Parcel Type of Takin Pro a Address PID Number Fee for Uniform Residential A raisal Re ort 6 Full Fee 6644-18th Ave. So. 26-028-24-41-0071 $350.00 7 Full Fee 6700-18th Ave. So. 26-028-24-41-0080 $350.00 8 Full Fee 6708-18th Ave. So. 26-028-24-41-0081 $350.00 9 Full Fee 6714-18th Ave. So. 26-028-24-41-0082 $350.00 10 Full Fee 6720-18th Ave. So. 26-028-24-41-0083 $350.00 TOTAL $1,750.00 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and BCL Appraisals, Inc., (whose address is 2852 Anthony Lane South, Minneapolis, MN 55418, ATTN: Ron Lachenmayer), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete Uniform Residential Appraisal Reports (URAR) for the properties listed on Exhibit A attached hereto no later than June 15, 2002. The fee for the URAR shall be as listed on Exhibit A. The fe-e for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $150.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $150.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered .employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety.. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other. party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager Ron Lachenmayer STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of , 2002, by Ron Lachenmayer, the President of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees City Parcel Type of Takin Pro a Address PID Number Fee for Uniform Residential A raisal Re ort 11 Full Fee 6726-18th Ave. So. 26-028-24-41-0084 $350.00 12 Full Fee 6732-18th Ave. So. 26-028-24-41-0085 $350.00 13 Full Fee 6738-18th Ave. So. 26-028-24-41-0086 $350.00 14 Full Fee 6744-18th Ave. So. 26-028-24-41-0087 $350.00 15 Full Fee 6701-18th Ave. So. 26-028-24-41-0107 $500.00 16 Full Fee 6709-18th Ave. So. 26-028-24-41-0106 $500.00 TOTAL $2,400.00 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Nagell Appraisal and Consulting, Inc., (whose address is 7515 Wayzata Blvd., Suite 115, St. Louis Park, MN 55426, ATTN: William Waytas), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this _ Agreement. Appraiser shall complete Uniform Residential Appraisal Reports (URAR) for -\ the properties listed on Exhibit A attached hereto no later than June 15, 2002. The fee for the ~ URAR shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $75.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $100.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager STATE OF MINNESOTA COUNTY OF )SS. William Waytas The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of , 2002, by William Waytas, the President of Nagell Appraising and Consulting, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) Exhibit A Description of Properties to be Appraised and Appraisal Fees City Parcel Type of Talcin Pro a Address PID Number Fee for Uniform Residential A raisal Re ort 15 Full Fee 6701-03 18th Ave. So. 26-028-24-41-0107 $600.00 16 Full Fee 6709-11 18th Ave. So. 26-028-24-41-0106 $600.00 17 Full Fee 6715-18th Ave. So. 26-028-24-41-0105 $375.00 18 Full Fee 6721-18th Ave. So. 26-028-24-41-0104 $375.00 19 Full Fee 6727-18th Ave. So. 26-028-24-41-0103 $375.00 20 Full Fee 6733-18th Ave. So. 26-028-24-41-0102 $375.00 21 Full Fee 6739-18th Ave. So. 26-028-24-41-0101 $375.00 22 Full Fee 6745-18th Ave. So. 26-028-24-41-0100 $375.00 TOTAL $3,450.00 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richf eld, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Patcl~in Messner & Dodd, Inc., (whose address is Skyline Square Building, Suite 220, 12940 Harriet Avenue South, Burnsville, MN 55337, ATTN: Jason Messner), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete aSelf-Contained appraisal report for the property listed on Exhibit A attached hereto no later than June 14, 2002. Appraiser shall complete Limited Summary appraisal reports for the properties listed on Exhibit B attached hereto no later than July 15, 2002. The fee for the Self-Contained appraisal report shall be as listed on Exhibit A. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit B. If City subsequently requests that Appraiser update aSelf-Contained appraisal report concerning the same property, Appraiser shall complete the updated Self-Contained appraisal report within 30 days following authorization to proceed with the report and the additional fee for the updated Self-Contained appraisal report shall be as provided in Exhibit A. If City subsequently requests that Appraiser update a Limited Summary appraisal report to a Self- Contained appraisal report concerning the same property, Appraiser shall complete the Slef- Contained appraisal report within 30 days following authorization to proceed with the report and the additional fee for the Self-Contained appraisal report shall be as provided in Exhibit B. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $150.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $175.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and :shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the - responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PEIZA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1} it shall furnish atl information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including 2 ,~, reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, ~~_ i or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals andlor data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either parry upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office p~.per and newsprint recycling program. 14. NOTICES - Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager Jason Messner STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. 4 Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Jason Messner, the of Patchin Messner & Dodd, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) ~~ 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees Additional Fee for Fee for Updated City Type of Self-Contained Self-Contained Parcel Taldn Pro Address PID Number raisal Re rt A raisal Re rt 23 Full Fee 6700 Cedar Ave. So. 26-028-24-41-0096 $6,700.00 $3,300.00* TOTAL $6,700.00 $3,300.00 *Additional fee for update appraisal is valid for 12 months from the date of issuing the initial summary report. Thereafter, the cost to update would be re-negotiated. 6 Exhibit B Description of Properties to be Appraised and Appraisal Fees Additional Fee for Update of Limited Fee for Summary Limited Appraisal Report City Type of PID Number Summary To Self-Container) Parcel Talc Pro Address A raisal Re rt A raisal Re rt lA Full Fee 6328 Cedar Ave. So. 26-028-24-11-0059 $3,500.00 $1,750.00 2A Full Fee 6344 Cedar Ave. So. 26-028-24-11-0058 $3,500.00 $1,750.00 3A Full Fee 6400 Cedar Ave. So. 26-028-24-14-0067 $3,000.00 $1,500.00 4A Full Fee 6412 Cedar Ave. So. 26-028-24-14-0066 5A Full Fee 6444 Cedar Ave. So. 26-028-24-14-0065 $6,000.00 $3,000.00 6A Full Fee 6520 Cedar Ave. So. 26-028-24-14-0056 7A Full Fee 6528 Cedar Ave. So,. 26-028-24-14-0055 $6,000.00 $3,000.00 TOTAL $22,000.00 $11,000.00 REAL ESTATE APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Colliers Towle Valuation and Consultation Services, Inc., (whose address is 330 Second Avenue South, Suite 800, Minneapolis, MN 55401, ATTN: Rodger L. Skare), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement, Appraiser shall complete aSelf-Contained appraisal report for the property listed on Exhibit A attached hereto no later than June 14, 2002. Appraiser shall complete Limited Summary appraisal reports for the properties listed on Exhibit B attached hereto no later than July 15, 2002. The fee for the Self-Contained appraisal report shall be as listed on Exhibit A. The fee for the Limited Summary appraisal reports shall be as listed on Exhibit B. If City subsequently requests that Appraiser. update aSelf-Contained appraisal report concerning the same property, Appraiser shall complete the updated Self-Contained appraisal report within 30 days following authorization to proceed with the report and the additional fee for the updated Self-Contained appraisal report shall be as provided in Exhibit A. If City subsequently requests that Appraiser update a Limited Summary appraisal report to a Self- Contained appraisal report concerning the same property, Appraiser shall complete the Slef- Contained appraisal report within 30 days following authorization to proceed with the report and the additional fee for the. Self-Contained appraisal report shall be as provided in Exhibit B. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $190.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $220.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional ~ Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor. with respect to all services performed under this Agreement, The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PERA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regazd to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including 2 reasonable attorney fees, resulting directly or indirectly from an act or omission (including \ without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information -made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to hirn on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve .transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. 3 b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other parry. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager STATE OF MINNESOTA COUNTY OF )SS. Rodger Skare The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. 4 Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Rodger Skare, the of Colliers Towle Valuation and Consultation Services, Inc., a corporation under the laws of Minnesota., on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 Exhibit A Description of Properties to be Appraised and Appraisal Fees Additional Fee for Fee for Updated City Type of Self-Contained Self-Contained Parcel Tald Pro Address PID Number A raisal Re rt A raisal Re rt 23 Full Fee 6700 Cedar Ave. So. 26-028-24-41-0096 $6,000.00 $4,000.00 TOTAL $6,000.00 $4,000.00 Exhibit B Description of Properties to be Appraised and Appraisal Fees Additional Fee for Update of Limited Fee for Summary Limited Appraisal Report City Type of PID Number Summary To Self-Contained Parcel Tall Pro Address A raisal Re rt A raisal Re rt lA Full Fee 6328 Cedar Ave. So. 26-028-24-11-0059 $5,000.00* $3,500.00* 2A Full Fee 6344 Cedar Ave. So. 26-028-24-11-0058 $1,000.00* $500.00* 3A Full Fee 6400 Cedar Ave. So. 26-028-24-14-0067 $3,000.00* $Z,000.00* 4A Full Fee 6412 Cedar Ave. So. 26-028-24-14-0066 SA Full Fee 6444 Cedar Ave. Sa. 26-028-24-14-0065 $4,000.00* $2,500.00* 6A Full Fee 6520 Cedar Ave. So. 26-028-24-14-0056 7A Full Fee 6528 Cedar Ave. So,. 26-028-24-14-0055 $4,000.00* $2,500.00* TOTAL $17,000.00 $11,000.00* *Please note, all appraisal fee quotes listed above consider the crossover savings in time spent researching and analyzing appropriate data because of the relative similarities between each property type. Therefore, the total of these fee quotes must be considered as one, and they cannot be singled out or even grouped together without having the appraiser complete all appraisals within a reasonable time frame. If separation is necessary, this contract will need to be revised. 7 IMMOVABLE FIXTURES APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of ,Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Ramberg Appraisal Service, (whose address is 10821 Russell Avenue South, Bloomington, MN 55431, ATTN: Roger A. Ramberg), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete an appraisal report for the fixtures located within the property .listed on Exhibit A attached hereto no later than June 14, 2002. The fee for the appraisal report shall be as listed on Exhibit A. Should it be deemed necessary by the City, Appraiser shall complete additional appraisal reports for the fixtures located within the property listed on Addendum A attached hereto, consisting of ane page, by a mutually agreeable time frame between City and Appraiser. The fee for subsequent services, including attending meetings and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the value of the property shall be at the rate of $55.00 per hour. The fee for testimony, if any, by the Appraiser shall be at the rate of $75.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services ~~ upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, azising out of employment or alleged employment, including, wfthout limitation, claims of discrimination against the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PEltA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and +contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectl}~ from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under ~ this Agreement. 2 ?. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly authorized representatives at any time during normal business hours and as o$en 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other parry at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager Roger Ramberg STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA COUNTY OF jSS. The foregoing instrument was acknowledged before me this day of , 2002, by Roger A. Ramberg, the owner of Ramberg Appraisal Service. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rankj 5 Ezhibit A Description of Properties to be Appraised and Appraisal Fees Fee for City Type of Immovable Future Parcel Tald Pro Address PID Number A raisal Re rt 23 Full Fee 6700 Cedar Ave. So. 26-028-24-41-009b $700.00 6 ADDENDUM A Description of Additional Properties to be Appraised and Appraisal Fees City Parcel Type of Talc Pro Address PID Number Additional Fee for Immovable Future A raisal Re rt lA Full Fee 6328 Cedar Ave. So. 26-028-24-11-0059 $175.00 2A Full Fee 6344 Cedar Ave. So. 26-028-24-11-0058 $175.00 3A Full Fee 6400 Cedar Ave. So. 26-028-24-14-0067 $175.00 4A SA Full Fee Full Fee 6412 Cedar Ave. So. 6444 Cedar Ave. So. 26-02$-24-14-0066 26-028-24-14-0065 $350.00 6A 7A Full Fee Full Fee 6520 Cedar Ave. So. 6528 Cedar Ave. So. 26-028-24-14-0056 26-028-24-14-0055 $350.00 TOTAL $1,225.00 FIXTURE REVIEW APPRAISAL \ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and C R Pelton Associates, (whose address is 5513 West Bald Eagle Boulevard, White Bear Lake, MN 55110, ATTN: Robert Pelton), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to furnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete review appraisal reports for the properties listed on Exhibit A attached hereto no later than the dates listed on Exhibit A. The fee for the review appraisal reports shall be at the rate of $100.00 per hour for the properties listed on Exhibit A. The fee for subsequent services, including attending meetings for coordination, strategy and pre-trial and hearings, if any, where Appraiser is required to attend shall be at the rate of $100.00 per hour.. The fee for and attendance at Commission hearings or District Court, if any, by the Appraiser shall be at the rate of $100.00 per hour. The fee for testimony as an expert witness in Commission hearings or District Court, if any, by the Appraiser shall be at the rate of $400.00 per half day (4 hours) of work or $800.00 per a full day (8 hours) of work. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, these appraisals shall conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to the Appraiser after completion of the services '~ upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, 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 others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay. and PERA. 5. NONDISCRIMINATION. In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the. City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 2 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. Appraiser -shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City.. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall 3 constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager STATE OF MINNESOTA COUNTY OF )SS. Robert Pelton The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. ~`-1 Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of , 2002, by Robert Pelton, d/b/a C R Pelton Associates. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 Exhibit A Description of Properties for Review Appraisal City Parcel Type of Takin Pro a Address PID Number Due Date 23 Full Fee 6700 Cedar Ave. So. 26-028-24-41-0096 June 28, 2002 lA Full Fee 6328 Cedar Ave. So. 26-028-24-11-0059 Au ust 5, 2002 2A Full Fee 6344 Cedar Ave. So. 26-028-24-11-0058 Au ust 5, 2002 3A Full Fee 6400 Cedar Ave. So. 26-028-24-14-0067 August 5, 2002 4A Full Fee 6412 Cedar Ave. So. 26-028-24-14-0066 Au ust 5, 2002 SA Full Fee 6444 Cedar Ave. So. 26-028-24-14-0065 Au ust 5, 2002 6A Full Fee 6520 Cedar Ave. So. 26-028-24-14-0056 Au ust 5, 2002 7A Full Fee 6528 Cedar Ave. So. 26-028-24-14-0055 August 5, 2002 REVIEW APPRAISAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into by and between the City of Richfield, State of Minnesota (whose address is 6700 Portland Avenue South, Richfield, MN 55423, ATTN: Katia Medvetski), hereinafter referred to as the "City" and Ruppert & Ruppert Associates, Inc,, (whose address is 4930 West 77th Street, Suite 333, Edina., MN 55435-4809, ATTN: Scott Ruppert), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the Airport Noise Acquisition Program; 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 City and the Appraiser agree as follows: 1. TERMS AND COST OF THE AGREEMENT The Appraiser agrees to fizrnish services to the City in accordance with the terms of this Agreement. Appraiser shall complete review appraisal reports for the properties listed on Exhibit A attached hereto no later than June 28, 2002. Appraiser shall complete review appraisal reports for the properties listed on Exhibit B attached hereto no later than August 5, 2002. 'The fee for the review appraisal reports shall be at the rate of $225.00 per hour for the properties listed on Exhibit A and Exhibit B. The fee for subsequent services, including attending meetings for coordination, strategy and pre-trial and hearings, if any, where Appraiser is required to attend or for preparation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $225.00 per hour. The fee for and attendance at Commission hearings or District Court, if any, by the Appraiser shall be at the rate of $225.00 per hour. The fee for testimony as an expert witness in Commission hearings or District Court, if any, by the Appraiser shall be at the rate of $225.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. These appraisals shall also conform to the Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual. Finally, the review appraisal reports shall be undertaken in compliance with the Federal Aviation Administration's (FAA) Preparation of Real Estate Appraisals, Appraisal Report Content, Detailed Appraisals and Appraisal Reviews. Appropriate maps and plans for the Project will be furnished by the City. 3. PAYMENT FOR SERVICES ,~ Payment for services shall be made directly to the Appraiser after completion of the services upon the presentation of a claim in the manner provided by law governing the City's payment of claims and/or invoices. Payment shall be made within 45 days from receipt of the invoice and following certification by the Appraiser. 4. INDEPENDENT CONTRACTOR The Appraiser shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Appraiser as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Appraiser is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Appraiser 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 the Appraiser or other persons while engaged in the performance of any work or services required by the Appraiser under this Agreement shall have no contractual relationship with the City, and shall not be considered employees of the City. Any and all claims that may or 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 the Appraiser, its officers, agents, contractors, or employees shall in no way be the responsibility of the City. The Appraiser shall defend, indemnify, and hold the City, its officers, agents, and employees harmless from any anal all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or others persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PE1ZA. 5. NONDISCRIMINATION In accordance with the City'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. If the Appraiser is not an individual or sole proprietorship: (1) it shall furnish all information and reports which may be required by the City's Affirmative Action Policy; and (2) it shall adopt and comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The Appraiser agrees to defend, indemnify, and hold the City, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including 2 reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Appraiser his agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of said Appraiser to fully perform in any respect, all obligations under this Agreement. 7. DATA PRIVACY Appraiser agrees to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non public by such laws or regulations. Appraiser shall maintain all appraisal reports submitted to him on behalf of City as confidential until released by counsel for the City. 8. RECORDS -AVAILABILITY The Appraiser agrees that the City, the State Auditor, Federal personnel or any of their duly authorized representatives at any time during normal business hours and as o$en 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 the Appraiser and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment of Federal funds to the State with respect to the Project. 9. NON-ASSIGNMENT The Appraiser 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 City. 10. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this 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. 11. DEFAULT AND CANCELLATION a. If the Appraiser 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 Appraiser's default is excused, upon written notice to the Appraiser the City may immediately cancel the Agreement in its entirety. 3 b. The City's failure to insist upon strict performance 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. Any such consent shall apply only to the specific circumstances described in the writing granting the consent and in no event shall constitute a general waiver or relinquishment throughout the entire term of the Agreement unless specifically so stated. c. This Agreement may be cancelled with or without cause by either party upon ten (10) days written notice to the other party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the Appraiser with the activities of the City so as to accomplish the purposes of this contract, Katia Medvetski, Redevelopment Specialist, shall manage this Agreement on behalf of the City and serve as liaison between the City and the Appraiser. 13. RECYCLING PROGRAM The City encourages the Appraiser to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or rr~de by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail to the other party at the address stated in the opening paragraph of this Agreement. CITY OF RICHFIELD STATE OF MINNESOTA RUPPERT &RUPPERT ASSOCIATES, INC. City Manager Scott J. Ruppert 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2002, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the City. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Scott J. Ruppert, the of Ruppert & Ruppert Associates, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgment Notarial Stamp Or Seal (Or Other Title Or Rank) 5 Exhibit A Description of Properties for Review Appraisal City Parcel Type of Talc Pro Address PID Number 1 Full Fee 6614-18th Ave. So. 26-028-24-41-0066 2 Full Fee 6620-18th Ave. So. 26-028-24-41-0067 3 Full Fee 6626-18th Ave. So. 26-028-24-41-0068 4 Full Fee 6632-18th Ave. So. 26-028-24-41-0069 5 Full Fee 6638-18th Ave. So. 26-028-24-41-0070 6 Full Fee 6644-18th Ave. So. 26-028-24-41-0071 7 Full Fee 6700-18th Ave. So. 26-428-24-41-(}080 8 Full Fee 6708-18th Ave. So. 26-028-24-41-0081 9 Full Fee 6714-18th Ave. So. 26-028-24-41-0082 10 Full Fee 6720-18th Ave. So. Z6-028-24-41-0083 11 Full Fee 6726-18th Ave. So. 26-028-24-41-0084 12 Full Fee 6732-18th Ave. So. 26-028-24-41-0085 13 Full Fee 6738-18th Ave. So. 26-028-24-41-0086 14 Full Fee 6744-18th Ave. So. 26-028-24-41-0087 15 Full Fee 6701-18th Ave. So. 26-028-24-41-4107 16 Full Fee 6709-18th Ave. So. 26-028-24-41-0106 17 Full Fee 6715-18th Ave. So, 26-028-24-41-0105 18 Full Fee 6721-18th Ave. So. 26-028-24-41-0104 19 Full Fee 6727-18th Ave. So. 26-028-24-41-0103 20 Full Fee 6733-18th Ave. So. 26-028-24-41-0102 21 Full Fee 6739-18th Ave. So. 26-028-24-41-0101 22 Full Fee 6745-18th Ave. So. 26-028-24-41-0100 23 Full Fee 6700 Cedar Ave. Sa. 26-028-24-41-0096 Ezhibit B Description of Properties for Review Appraisal City Parcel Type of Tald Pro Address PID Number lA Full Fee 6328 Cedar Ave. So. 26-028-24-11-0059 2A Full Fee 6344 Cedar Ave. So. 26-028-24-11-0058 3A Full Fee 6400 Cedar Ave. So. 26-028-24-14-0067 4A SA Full Fee Fu11 Fee 6412 Cedar Ave. So. 6444 Cedar Ave. So. 26-028-24-14-0066 26-028-24-14-0065 6A 7A Full Fee Full Fee 6520 Cedar Ave. So. 6528 Cedar Ave. So. 26-028-24-14-0056 26-028-24-14-0055 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT entered into this day of , 2002, by and between the City of Richfield, Minnesota, hereinafter referred to as the "Contractor" and Conworth, Inc. hereinafter referred to as the "Consultant." WITNESETH THAT: WHEREAS, the Contractor proposes to acquire certain property under the Airport Noise Acquisition Program, as described in "Exhibit A" and "Exhibit B" and desires that the Consultant furnish the Contractor certain services with respect to such property including and inclusive of the services described in this Agreement and the Consultant represents that it is fully qualified to perform such services and will provide such services; and WHEREAS, the services to be provided under this Agreement are necessary to achieve the purposes of the Contractor's project, the Uniform Real Property Acquisition and Relocation Policies Act of 1970, as amended and of the implementing regulations applicable thereto. NOW, THEREFORE, be it resolved that the Contractor and the Consultant, for the consideration and under the conditions hereinafter set forth, do agree as follows: A. Services 1. Acquisition of Properties: The Consultant will perform services related to the purchase of property including preparation and presentation of the offering letter, negotiations, organization and maintenance of the files in conformance with applicable regulations. 2. Residential Relocation Services Implementing the Project: a. The Consultant will distribute an information booklet on residential relocation assistance and all appropriate forms and data to each resident expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational booklet provided by the Consultant in accordance with applicable regulations. 2) Explain the residential relocation program and the resident's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding replacement housing. 4) Survey the resident's relocation needs. 5) Advise residents of their right to appeal the amount of each payment and the services, as well as the procedure to follow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze existing data to determine eligibility of the resident's relocation expenses for compensation. 2) Assist the resident in determining the most advantageous payment alternatives to claim and provide further instructions on how to proceed. c. Moving Expense Claims. 1) Advise the resident of the two types of payment for moving: fixed payment schedule and actual reasonable moving expenses. 2) Review the fixed moving schedule and advise the resident of the benefits under the fixed payment move costs option. 3) If choosing the actual move costs option, advise the resident on procedure to obtain required bids. 4) Assist the resident when necessary in preparing moving specifications. 5) Act when appropriate as agent in regard to accepting bids. 6) Analyze the bids to determine their reasonableness. 7) Notify the resident of the low acceptable bids. 8) When appropriate inspect the move of personal property while in progress. 9) Assist the resident in assembling all invoices, paid receipts and other documentation necessary to substantiate the relocation claim. 10) When necessary analyze billings to determine their reasonableness. 11) Assemble the appropriate claim forms and documentation for signature and submission to the Contractor for approval. d. Replacement Housing Payment. 1) Determine eligibility of the resident to receive this relocation payment. 2) Survey the housing market and prepare a comparable housing analysis to determine the limit on amount of payment. 2 3) Inspect the replacement housing to determine if the dwelling meets the requirements of decent, safe and sanitary housing. 4) Analyze the mortgage data on the acquired and replacement dwellings to determine eligibility for an interest differential payment. 5) Assemble the appropriate claim forms and documentation for signature and submission for approval. e. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant(s) being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 2) The Consultant shall search for replacement sites for the residents being displaced and refer suitable, comparable housing found to each resident. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. f. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. Recommendations will be made in a detailed written format satisfying required regulations. g. In completing this Agreement, the Consultant does not assume the responsibility for: 1) Preparation of status reports; 2) Accounting and recordkeeping (except as related to the specific. claim); 3) Arrangement of real estate closings on replacement housing; 4) Payment for replacement housing appraisals and moving cost estimates and/or bids; or 5) Work associated with a relocation grievance. 3 3. Business Relocation Services Implementing the Project a. The Consultant will distribute an informational booklet on business relocation assistance and all appropriate forms and data to each business expected to be displaced. At this time the Consultant will: 1) Obtain a signed receipt for the informational statement provided by the Consultant in accordance with applicable regulations. 2) Explain the business relocation program and the business's responsibilities to receive benefits. 3) Explain how to receive various kinds of assistance in finding new locations. 4) Survey the business's relocation needs. 5) Advise the business's owner(s) of their right to appeal the amount of each payment and the services provided, as well as the procedure to follow. b. Upon the Contractor's initiation of negotiations to acquire the project site, the Consultant will: 1) Analyze the .existing data to determine the appropriate documentation required and determine the eligibility of the business's relocation expenses for compensation. 2) Check the personal property inventory against the acquisition data to verify that each item on the inventory is personal property and eligible for relocation. 3) Assist the business in determining the more advantageous payment alternative to claim and provide further instructions on how to proceed. c. Moving Expense Claims. 1) Assist the business in preparing specifications for work generally eligible for compensation. 2) Advise when necessary on procedure to obtain required bids. 3) Act when appropriate as agent in regard to accepting bids. 4) Analyze the bids to determine their reasonableness. 5) Notify the business of the low acceptable bid. 6) When appropriate inspect the move of personal property while in progress. 4 7) Assist the business in assembling all invoices, paid receipts, and other documentation necessary to substantiate its relocation claim. 8) When necessary, analyze billings to determine their reasonableness. 9) When appropriate, advise claimant of eligible reestablishment costs and assist in assembling documentation of costs incurred. 10) Assemble the appropriate claim form and documentation for signature and submission for approval. d. Direct Loss Claims 1) Develop a moving cost estimate and secure a direct loss appraisal for each item not to be moved. 2) Obtain business and contractor approval of the appraisal and moving estimate. 3) Notify the business to proceed with the: sale and provide instructions regarding necessary recordkeeping. 4) Assist when necessary in the preparation of advertising. 5) If necessary determine that bonafide sale requirements have been met. 6) Assist the business with preparation of necessary documents and obtain required certifications of sales receipts, advertising, and so forth. e. Fixed Payment Claims. 1) Determine eligibility of the business to receive this alternate payment. 2) Review and analyze IRS or other appropriate documents to determine limit of the payment. 3) Assemble the appropriate claim forms and documentation for signature and submission for approval f. Other. 1) The Consultant shall prepare, at the Contractor's request, the required and proper formats to be used by the Contractor in notifying occupant being displaced about their relocation eligibility and benefits to which they may be entitled. The Consultant will also, upon the Contractor's request, assist the Contractor in the preparation of the required notices to vacate for delivery to the residents. 5 2) The Consultant shall search for replacement sites for the businesses being ~~~ displaced and refer available suitable sites found to each business. The Consultant shall expend appropriate and necessary time searching for such referrals, documenting all time expended. The Consultant does not warrant that suitable referrals will be found. g. Recommendations. The Consultant will transmit to the Contractor the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. h. In completing this Agreement, the Consultant does not assume the responsibility for: 1) Preparation of status reports; 2) Accounting and recordkeeping (except as related to the specific claim); 3) Payment for direct loss appraisals, property analyses, and moving cost estimates and/or bids; or 4) Work associated with a relocation grievance. 4: Relocation Planning Services a. The Consultant will. provide relocation survey services which will include the following: 1) An estimate of the number of households to be displaced including information such as owner/tenant status, rental rates of tenant-occupied properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and the handicapped when applicable. 2) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. 3) An estimate of the number, type, and size of the businesses to be displaced and the approximate number of employees that may be affected. 4) Consideration of any special relocation advisory services or possibility of last resort housing needs that may be required for the project relocations. 6 B. Data to be Furnished by Contractor. ~~ The Contractor does hereby agree to furnish to the Consultant any such and all data, documents, studies, surveys, reports, or other materials and services mutually agreed upon by the Contractor and the Consultant as being relevant to this effort. All such data, documents, studies, surveys, reports and other materials and services shall be provided to the Consultant in a timely manner in light of the purpose of this Agreement. C. Compensation. The Contractor agrees to make monthly payment to the Consultant in the amount of $70.00 per hour, portal to portal, for each and every hour expended. All office overhead, secretarial services and other supportive services shall be included within such hourly charge. The Agreement amount shall not exceed $126,750.00 for the property listed in Exhibit A and $225,000.00 for the property listed in Exhibit B. D. Method of Payment Monthly requisitions will be made subject to receipt of an invoice from the Consultant specifying the time and subject matter for which it has performed the work under this Agreement, and that it is entitled to receive the amount requisitioned under the terms of the Agreement. The Contractor will make payment on such invoices within 35 days from submission; provided, however, that payment shall not be made for any incomplete, inaccurate, or defective work until same is remedied by Consultant without additional cost to the Contractor. E. Scope of Work. To provide services as delineated in the Agreement in support of the Airport Noise Acquision Program. F. Court Preparation. It is understood and agreed that the amount of compensation stated above does not include necessary court preparation and testimony, and that in the event the testimony of the Consultant is required in any legal proceeding in connection with the relocation of occupants for the project. The Consultant agrees to bring its file up to date, to make the necessary preparations for testimony, and to appear as a witness on behalf of the Contractor on the dates required, and further agrees that the fair and reasonable compensation for its services shall be at the rate of $280.00 per half day, plus necessary and reasonable travel expenses. Any part of a day less than four hours expended by the Consultant shall constitute ahalf-day for the purpose of this section of this Agreement. 7 G. Agreement Period. \ The Consultant shall commence performance of this Agreement upon execution of this Agreement, after the release of the project by the Contractor, and shall complete performance of this Agreement no later than April 1, 2004 for acquisition services related to all property, as identified in Exhibit A and Exhibit B. H. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United States, and no other Federal Official, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. I. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or retained any company or persons, other than a bonafide employee or technical subcontractor working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company, or person other than a bonafide employee or technical subcontractor working solely for the Consultant any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the Contractor shall have the right to annul this Agreement with liability. J. Changes in Agreement The Contractor or the Consultant may, from time to time, request changes in the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the Contractor and the Consultant shall be incorporated in written amendments to this Agreement. K. Termination of Agreement. The Contractor or the Consultant may terminate this Agreement or renegotiate this Agreement upon thirty (30) days written notice of such. In the event of termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Consultant under this Agreement shall be disposed of according to Contractor directives and the Consultant shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Agreement. L. Extent of Agreement. This Agreement represents the entire and integrated agreement between the Consultant and the Contractor and supersedes all prior negotiations, representations ~ or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Consultant and Contractor. 8 M. Personnel. 1. The Consultant represents that it has or will secure all personnel required in performing the services under.this Agreement as provided above. 2. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. N. Non-Discrimination. The Consultant will not discriminate against any employee, or applicant for employment because of race, creed, color, sex, national origin, religion, marital status; disability, status in regard to public assistance, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. In addition, the Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. O. Interest of Members of Contractor No member of-the governing body of the locality in which the project is situated, and no other officer, employee, or agent of the Contractor who exercises any functions or responsibilities in connection with the carrying out of services to which this Agreement pertains, shall have any personal interest, director indirect; in this Agreement. P. Interest of Consultant. The Consultant covenants that it presently has no interest and shall not acquire throughout the duration of this Agreement any interest, director indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement no person having such an interest shall be employed. Q. Workmen's Compensation. 9 The Consultant, at its expense, shall provide Workmen's Compensation insurance f _~ coverage for all of its employees involved in the performance of this Agreement. R. Copyright. If this Agreement results in any book or other copyrightable material, the Consultant is free to copyright the work, but the Contractor will have the right of royalty free, non-exclusive and irrevocable right to reproduce, publish or otherwise use the work for government purposes. S. "ATTACHMENT A" is hereby made a part of the Agreement. "ATTACHMENT A" consists of two pages containing ten numbered paragraphs. IN WITNESS WHEREOF, the Contractor and the Consultant have executed this Agreement on or as of the date above written. CITY OF RICHFIELD, MINNESOTA By: Martin J. Kirsch Its: Mayor By: Attest: Attest: Its Samantha Orduno City Manager CONWORTH, INC. By: Ken Helvey Its: Attest: 10 EXHIBIT A -~ . i Address PID 6614 18th Ave. So. 26-028-24-41-0066 6620 18th Ave. So. 26-028-24-41-0067 6626 18th Ave. So. 26-028-24-41-0068 6632 18th Ave. So. 26-028-24-41-0069 6638 18th Ave. So. 26-028-24-41-0070 6644 18th Ave. So. 26-028-24-41-0071 6700 18th Ave. So. 26-028-24-41-0080 6701 18th Ave. So. 26-028-24-41-0107 6708 18th Ave. So. 26-028-24-41-0081 6709 18th Ave. So. 26-028-24-41-0106 6714 18th Ave. So. 26-028-24-41-0082 6715 18th Ave. So. 26-028-24-41-0105 6720 18th Ave. So. 26-028-24-41-0083 6721 18th Ave. So. 26-028-24-41-0104 6726 18th Ave. So. 26-028-24-41-0084 6727 18th Ave. So. 26-028-24-41-0103 6732 18th Ave. So. 26-028-24-41-0085 6733 18th Ave. So. 26-028-24-41-0102 6738 18th Ave. So. 26-028-24-41-0086 6739 18th Ave. So. 26-028-24-41-0101 6744 18th Ave. So. 26-028-24-41-0087 6745 18th Ave. So. 26-028-24-41-0100 6700 Cedar Ave. So. 26-028-24-41-0096 11 EXHIBIT B Address PID 6328 Cedar Ave. So. 26-028-24-11-0059 6344 Cedar Ave. So. 26-028-24-11-0058 6400 Cedar Ave. So. 26-028-24-14-0067 6412 Cedar Ave. So. 26-028-24-14-0066 6444 Cedar Ave. So. 26-028-24-14-0065 6520 Cedar Ave. So. 26-028-24-14-0056 6528 Cedar Ave. So. 26-028-24-14-0055 12 ATTACHMENT A RIGHT TO AUDIT. To insure compliance with all applicable Federal regulations and laws, the Commissioner on the Minnesota Department of Transportation, hereinafter referred to as the "Commissioner," or his representative, shall have the right to audit, evaluate and monitor, as deemed necessary, the work to be performed under this Agreement. In addition, as provided under Minn. Stat. Sec. 16.095, all books, records, documents and accounting procedures and practices of the City of Richfield hereinafter referred to as "Contractor," are subject to examination by the Commissioner or his authorized representative and either the legislative auditor or the State auditor as appropriate. 2. INSPECTION OF WORK. The Commissioner shall, at all times during the agreement and for the three (3) years from the date of the final payment of Federal funds to the State with respect to the project, be accorded proper facilities for inspection of the work hereunder and shall at all times have access to the premises, to all books, records, correspondence, instruction, receipts, vouchers, memoranda of every description pertaining to the work hereunder. The Federal Highway Administration shall have the same right of inspection as accorded the Commissioner herein. 3. RECORDS. Contractor shall maintain accurate records as to all costs incurred in connection with the subject of this agreement and shall produce or cause to be produced for examination bills, invoices, vouchers and other reports and information at such reasonable time and place as may be designed by the Federal Highway Administration or by the Commissioner or his duly authorized representatives and shall permit extracts and copies to be made thereof. 4. COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State and local laws, together with all ordinances and regulations applicable to the work. 5. NONDISCRIMINATION REGULATIONS. During the performance of this agreement, Contractor itself, its assignees and successors in interest agrees to comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 Code of Federal Regulations (CFR) 21 through Appendix H and 23 CFR 710.405 (b) are made a part hereof by reference with the same force and effect as though fully set forth herein. 6. MINORITY BUSINESS ENTERPRISE POLICY. It is the policy of the Federal Department of Transportation and the State that Disadvantaged Business Enterprises and Women Business Enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the requirements of 49 CFR, Part 23, apply to this agreement. ~ In this regard, Contractor shall take all necessary -and reasonable steps in accordance -with 49 CFR, Part 23, to insure that Disadvantaged Business Enterprises and Women Business Enterprises have the maximum opportunity to 13 compete for and perform on contracts and subcontracts. The Contractor shall not ,,_~ perform on contracts and subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. Failure to carry out the above requirements shall constitute a breach of this agreement by the State, and possible debarment from performing other contractual services with the Federal Department of Transportation. 7. ANTITRUST CLAUSE. Contractor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this agreement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 8. SUBLETTING. The services of the consultant to be performed hereunder shall not be assigned, sublet, of transferred unless written authority to do so is granted by the County. This written consent shall in no way relieve the Consultant from primary responsibility for performance of the work. 9. WORKERS' COMPENSATION. Evidence of workers' compensation insurance coverage shall be provided to the City prior to beginning any work. 10. OWNERSHIP OF DOCUMENTS. Any reports, studies, photographs, negatives, of other documents prepared by contractor in the performance on its obligation under this Agreement shall be the exclusive property of the City and all such material shall be remitted to the City by Contractor upon completion,. termination, or cancellation of this Agreement. Contractor shall not use such material for any purpose other than performance of Contractor's obligation under this Agreement without the prior written consent of the City. 14 AGENDA SECTION: Consent AGENDA ITEM # 10 F REPORT # 105 ~~ STAFF REPORT' CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: BRUCE NORDQUIST, HOUSING BL REDEVELOPMENT MANAGER NAME, TITLE REPORT PRESENTER: BRUCE NORDQUIST, HOUSING & REDEVELOPMENT MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ ~ ITEM FOR COUNCIL CONSIDERATION: Scheduling of public hearings related to business subsidy criteria for redevelopment projects and establishing the City Bella Tax Increment Financing District. I. RECOMMENDED ACTION: By Motion: Authorize resolutions 1) calling for a public hearing by the City Council on the proposed modification of policies and criteria for awarding business subsidies, and 2) calling for a public hearing by the City Council on the proposed adoption of a modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, and the proposed establishment of the City Bella Tax Increment Financing District (a redevelopment district) therein, and the adoption of a tax increment financing plan therefore. II. BACKGROUND To proceed with the consideration of redevelopment projects, public hearings must be scheduled. A public hearing must be scheduled to review "business subsidy criteria" as defined by State Statute. Both the City and Housing and Redevelopment Authority (HRA) 0423CityBellaTlFmod have established "business subsidy criteria". However, during the 2001 legislative session, the business subsidy statute was changed. Given that City Bella is " forthcoming, the criteria should be updated to match current state law.. A public hearing must also be scheduled to consider the establishment of a City Bella Tax Increment District. The proposed City Bella development is presently being reviewed by the HRA and Planning Commission. The public hearings for these items would be scheduled for June 10, 2002. III. BASIS OF RECOMMENDATION A. POLICY • The City Council may consider business subsidy criteria after a public hearing. • State law was modified in 2001, and the business subsidy criteria originally established by the City in November 1999 needs to be changed to match state law. • Public hearings are required for business subsidy and tax increment matters. • The Amended and Restated Contract for Private Redevelopment between the HRA and Gramercy Corporation requires business subsidy and tax increment considerations. • By unanimous vote at the April 15, 2002 HRA meeting, the HRA requested the City Council schedule public hearings on these matters. B. CRITICAL ISSUES • The public review process for City Bella can not proceed until a schedule is determined. C. FINANCIAL • The City reviews tax increment plans and establishes a tax increment district. Scheduling is the only outcome of the approval of these resolutions. • Business subsidy criteria should be updated to match state law. • The HRA will also be updating their business subsidy criteria to match state law. D. LEGAL • The resolutions were prepared by Ehlers and reviewed by legal counsel. IV. ALTERNATIVE RECOMMENDATION(S~ r°~ • The City Council can decide to delay consideration of business subsidy criteria, and the establishment of a City Bella Tax Increment District. V. ATTACHMENTS • Resolution authorizing a public hearing by the City on the proposed modification of policies and criteria for awarding business subsidies. • Resolution authorizing a public hearing by the City Council on the proposed adoption of a modification to the redevelopment plan for Richfield redevelopment project area, and the proposed establishment of the City Bella tax increment financing district (a redevelopment district) therein, and the adoption of a tax increment financing plan therefore. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING A PUBLIC HEARING BY THE CITY COUNCILON THE PROPOSED MODIFICATION OF POLICIES AND CRITERIA FOR AWARDING BUSINESS SUBSIDIES WHEREAS, the State Legislature has adopted Minnesota Statutes, Sections 116J.993 to 116J.994 (the "Statute") governing business subsidies granted by cities; and and WHEREAS, the City of Richfield (the "City") fits the definition of "grantor" in the Statute; WHEREAS, the City adopted a set of criteria for awarding business subsidies on November 22, 1999. NOW, THEREFORE, BE IT RESOLVED by the City of Richfield City Council, Minnesota, as follows: Section 1. Public Hearing. The City Council shall meet on June 10, 2002, at approximately 6:30 P.M., to hold a public hearing on the proposed modification of criteria for awarding business subsidies in accordance with the Statute; and Section 2. Notice of Public Hearing. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare modification to the criteria. The Community Development Director is authorized and directed to cause notice of the hearing to be published at least once in the official newspaper of the City not later than 10 days prior to June 10, 2002, and to place a copy of the proposed modification to the criteria on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. 2002. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~~ RESOLUTION NO. RESOLUTION AUTHORIZING A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA, AND THE PROPOSED ESTABLISHMENT OF THE CITY BELLA TAX INCREMENT FINANCING DISTRICT (A REDEVELOPMENT DISTRICT) THEREIN, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFORE BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on June 10, 2002, at approximately 6:30 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, the proposed establishment of the City Bella Tax Increment Financing District, (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Tax Increment Financing Plan for the City Bella Tax Increment Financing District and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The Community Development Director is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 10, 2002, and to place a copy of the Plans on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # l OE REPORT # 104 J STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 BRUCE SYLVESTER, REPORT PREPARED BY: PLANNING & ZONING ADMINISTRATOR REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL TI Consideration of the attached resolution approving the summary legal notice' for the zoning ordinance amendment regarding changes to 1) allowable density, 2) minimum lot size required, 3) setback requirements ,and 4) height limits for Cluster Home Developments in the R. MR-1 and MR-2 districts. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving the summary publication of an ordinance amendment to Richfield City Zoning Code Sections 521.07, 521.09, 521.11, 521.43, 521.45, 521.47, 521.65, and 521.69 regarding limits for density, lot size requirements, setbacks, and height for Cluster Home Developments in the R, MR-1 and MR-2 districts. II. BACKGROUND Chapter 3.12 of the Richfield City Charter authorizes the City to publish an ordinance by title and summary in certain circumstances. The primary f ~ circumstance where such a summary publication is intended is for lengthy ordinances, which would require costly publication charges. Such publications are not deemed cost effective. 0423-ordsummary.doc In order to forego the publication of the entire ordinance, the City Council must determine that a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. The summary must then be approved by a City Council resolution. The ordinance amendment that was approved by the Council at the April 9, 2002 meeting regarding Cluster Home Development regulations is an example of an ordinance that could be summarized rather than published in its entirety. Therefore, a resolution and ordinance summary has been prepared for City Council consideration. III. BASIS OF RECOIVIMENDATION A. POLICY • The City uses Charter authority to publish ordinance summaries where such summary publications meet the requirements of the Charter. • The newly adopted ordinance modifying regulations for Cluster Home Developments in the R, MR-1 and MR-2 districts would be expensive to publish. B. CIUTICAL ISSUES • This matter should be reviewed at the second Council meeting in April so that the publication is not excessively delayed. • Unanimous consent from the Council is required for approval. • The resolution indicates availability of the complete ordinance. C. FINANCIAL • The publication cost savings to the City for publishing only a summary would be $500.50. D. LEGAL • The authority to do summary. publications is provided in the Richfield City Charter: Section 3.12, Manner of Publication of Ordinances. If the City Council determines that publication of the complete text of an ordinance is not worth the expense and that a summary would clearly inform the public of the intent and effect of the ordinance, the Council may by a unanimous vote direct that only the title of the ordinance and a summary be published with notice that printed copies of the ordinance are available to any person during regular office hours at the office of the City Clerk and any other location which the Council designates. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. (Amended Bill 1981-33). • Unanimous approval is required. • Legal counsel has opined that the summaries meet Charter requirements. IV. ALTERNATIVE RECOMMENDATION~S~ Reject the recommended motion and require the full ordinance to be published. V. ATTACHMENTS • Resolution approving the summary publication of the new zoning regulations related to Cluster Home Developments in the R, MR-1 and MR-2 districts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO.2002- WHEREAS, the City has adopted the above referenced amendment to the Richfield Zoning Code at the April 9, 2002 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Bill No. 2002- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the City clerk shall cause the following summary of Bill No. 2002- to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION BILL NO. 2002- AN ORDINANCE RELATING TO CLUSTER HOME DEVELOPMENTS; ESTABLISHING SETBACK AND DENSITY REQUIREMENTS; AMENDING SUBSECTIONS 521.07, 521.09, 521.11, 521.43, 521.45, 521.47, 521.65, AND 521.69 OF THE RICHFIELD CITY CODE The City Council has adopted Bill No. 2002- , an ordinance entitled "An Ordinance Relating to Cluster Home Developments; Establishing Setback and Density Requirements; Amending Subsections 521.07, 521.09, 521.11, 521.43, 521.45, 521.47, 521.65 and 521.9 of the Richfield City Code." This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to permit greater density of dwelling units within cluster home developments. The ordinance relaxes limits for density,. minimum lot size, setbacks, and height for approved Cluster Home Developments in the R, MR-1 and MR-2 zoning districts. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 612-861- 9760. /s/ Nancy Gibbs, City Clerk ' ~ BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. 2002. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: (;ansent AGENDA ITEM # l OP REPORT # I 0 ~ STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving the summary legal notice for the zoning ordinance amendment creating the new Service-Office District. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving the summary publication of an ordinance amendment creating section 524, Service- Office Districto IIIe BACKGROUND ~ Chapter 3.12 of the Richfield City Charter authorizes the City to publish an ordinance by title and summary in certain circumstances. The primary circumstance where such a summary publication is intended is for lengthy ordinances, which would require costly publication charges. Such publications are not deemed cost effective. In order to forego the publication of the entire ordinance, the City Council must ~ determine that a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. The summary must then be approved by a City Council resolution. 0423-create524 The ordinance creating the new Service-Office Zoning District approved by the Council on April 9, 2002 is an example of an ordinance that could be summarized ~ rather than published in its entirety. Therefore, a resolution and ordinance summary ;' has been prepared for City Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The City uses Charter authority to publish ordinance summaries where such summary publications meet the requirements of the Charter. • The newly adopted ordinance creating the Service-Office Zoning District would be expensive to publish. B. CRITICAL ISSUES • This matter should be reviewed at the second meeting in April so that the publication is not excessively delayed: • Unanimous consent from the Council is required for approval. • The resolution indicates availability of the complete ordinance. C. FINANCIAL • The publication cost savings to the City for publishing a summary would be $643.50. D. LEGAL • The authority to do summary publications is provided in the Richfield City Charter: Section 3.12, Manner of Publication of Ordinances. If the City Council determines that publication of the complete text of an ordinance is not worth the expense and that a summary would clearly inform the public of the intent and effect of the ordinance, the Council may by a unanimous vote direct that only the title of the ordinance and a summary be published with notice that printed copies of the ordinance are available to any person during regular office hours at the office of the City Clerk and any other location which the Council designates. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that ~t clearly informs the public of the intent and effect of the ordinance. (Amended Bill 1981-33). • Legal counsel has opined that the summaries meet Charter requirements. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the recommended motion and require the full ordinance be published. V. ATTACFIMENTS Resolution approving Zoning District. summary pu of the new Service-Office VI. PRINCIPAL PARTIES EXPECTED AT MEETING I RESOLUTION NO. RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO. 2002- WHEREAS, the City has adopted the above referenced amendment to the Richfield Zoning Code at the April 9, 2002 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Bill No. 2002- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota that the city clerk shall cause the following summary of Bill No. 2002- to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION BILL NO.2002- AMENDMENT TO RICHFIELD CITY ZONING CODE; CREATION OF SECTION 524 The City Council has adopted Bill No. 2002- , an ordinance entitled "Amendment to Richfield City Zoning Code; Creation of Section 524." This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of this ordinance is to establish a new zoning district known as Service Office (SO-1) for service-office uses. The new district is intended for low intensity business uses primarily oriented to professional services uses in small office environments. The ordinances identifies the uses that are permitted principal uses, permitted accessory uses, allowed by conditional use permit, or prohibited in the Service-Office district. The ordinance also establishes parcel and building requirements, including minimum lot size, building setbacks and maximum building height. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 612- 861-9760. /s/ Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the -city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # l O C REPORT # 10 2 STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 ~=. REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE BRUCE PALMBORG, CONIMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution extending the expiration date for the variance granted to Eddie'Z Auto Wash in September of 2001 for site improvements at 2816 West 66th Street. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving an 18-month extension for the variance (01-VAR-5) granted to Mr. Ned Zarecky for site improvements at 2816 West 66th Street. III. BACKGROUND ~ In September 2001, the Richfield Hearing Examiner granted a variance to Mr. Ned Zarecky, the owner of Eddie'Z Auto Wash located at 2816 West 66th Street, to allow site improvements to the business. Specifically, the Hearing Examiner granted afive-foot variance to the setback requirement for gasoline dispensing pumps to allow the pumps to be located 15 feet from the east side property line rather than the required 20 feet. The Hearing Examiner found that the request met the four requirements for issuing a variance and issued a variance on September 23, 2001. City ordinance states that a variance expires one year after it has been granted unless the work has been completed or an extension is granted by the City Council. Mr. Ned Zarecky sent a letter on April 2, 2002 informing City staff that his planned site improvements will be done in two phases over a longer period of time than 0423ExtendVariance.doc Nance TITLE originally planned. Mr. Zarecky requested an 18-month extension of the expiration date for the variance that he received in September 2001 to allow him sufficient time to complete his site improvements. III. BASIS OF RECOl~~EViENDATION A. POLICY • Extending the deadline for a variance is necessary when the improvement project cannot be completed within one year of the issuance of the variance. In this case, Mr. Zarecky will not be able to complete his site improvements within one year of the issuance of the variance. • Enough time should be granted to provide adequate time for the variance recipient to complete their improvement project. B. CRITICAL ISSUES • The Hearing Examiner gave full consideration to Mr. Zarecky's request for a variance in September 2001 and found that all requirements necessary for a variance were met. • No changes have been made in the actual plans for site improvements to Mr. Zarecky's business. The only change being requested is the amount of time available to Mr. Zarecky in which the improvements allowed by the variance can be completed. C. FINANCIAL • N/A D. LEGAL • City Code Section 546.09 Subdivision 12 states "Any variance shall expire within one year after it has been granted unless: a) the project for which the variance was granted is completed within the one year period; or b) upon written request of the person or corporation holding the variance, the Council extends the expiration date for an additional period." IV. ALTERNATIVE RECOMMENDATIONS) • Deny request for a variance extension. V. ATTACI-IlVIENTS • City Council resolution • Site plan showing the existing business and the proposed site improvements • Letter from Mr. Ned Zarecky requesting a variance extension VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~~ • Mr. Ned Zarecky, property owner at 2816 West 66th Street. RESOLUTION NO. RESOLUTION AUTHORIZING AN EXTENSION FOR THE VARIANCE GRANTED TO MR. NED ZARECKY-OWNER OF EDDIE'Z AUTO WASH AT 2816 WEST 66TH STREET (EXTENSION OF VARIANCE #01-VAR-5) WHEREAS, the Richfield Hearing Examiner granted a variance Mr. Ned Zarecky on September 23, 2001 (01-VAR-5) to allow site improvements to the business and property located at 2816 West 66th Street; and WHEREAS, Mr. Ned Zarecky submitted a written request to the City of Richfield on April 2, 2002 requesting an 18-month extension for the variance that was granted on September 23, 2001 (01-VAR-S); and WHEREAS, no changes are being made to the proposed site improvements which were approved in the original variance 01-VAR-5; and WHEREAS, the City has fully considered the request for an 18-month extension for the expiration date of variance 01-VAR-5; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An 18-month extension of variance 01-VAR-5 is hereby granted to Mr. Ned Zarecky for the proposed site improvements to the business located at 2816 West 66th Street; and 2. The expiration date for variance 01-VAR-5 is hereby extended until March 23, 2004. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~ ,~~ ~~ ~• ~ ~~ ~s~~ a ~~~ ~ ~~ , ~ ~ ~~~ E ~ ~ -- ------ ----- s~~~ss u~99 Zs~M i ~~~ - - - "=---~`'" -_00.621 ---- ~ ---- M„°o,t~.ssN I :~ , ~ (~ {.~~_V V J L V V V 00 OO.OOeN '-~ ., -= ~ ~ ~~ 3 ,~~ ~ _ , . ~~ ~~ u aanr ~~ ! a~~~ /pt w ssNa osn ~ ~ a 1W .NAf L Ol .A ~ O ~ au~-~,p 311NitO •\ ••\~~\ • Gbal O• .ID \\ - ~ \\~ .1•L ,~~ - ~f 1 ~O II.. ~ .o i~ 's ; W ~ • ~ \~ ' ~ 0 1 ~~ ~ Y~/Ar00,1£. j ~~ ; iii ~~ ~ Q I ~ o ~ ~• @ r ~~il ~ n ~ / ~ aairr as~a+n~•asm ~ ~/ ~ ~ ~! h ~I ~ ~ ~ Ii0 0 g ~ m~ ~ ~~^4 ~ , R Z ~ ~ o '~J~ •~ 3 i n '' ` ' ~ 'N Z ~o ao~ ~R J • / U I ~ ~' ~ 1 , ~' ~~ ;~~\ i ~ I' ~,,~.. aro ~ • ~ • ~ sot ~ :~ :,~~ ~~ ,~~ ~ ~~~ I ~_- :~ _ _ _ :`.` , ---- -- --- "'i"~L. " ~- ~ « ' ,~ ~~ ~ ~~ ~ ~~ ~~ ~~A ~ ~~ ~p ~e~ ~ f~ ~p ~e~~e~~~ 0 Q ~i= ~. o O ~. ~ ~ soFrc~orH a April 2, 2002 Mr. Bruce Sylvester Zoning Administrator City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Mr. Sylvester: Due to current economic constraints, I would like to request that the variance, which was granted to me last year, (for improvements to my business at 2816 West 66~' Street) be extended. The original plan was for this to be done in completion, in one phase. At this point it will be more feasible for me to exercise the option of a two phase completion to the project. An 18 month extension should be more than adequate to cover these two phases of improvements. Thank you for your consideration. Sincerely, i Ned Zarecky Owner\Operator Eddie'Z 66"' Street Autowash 2816 West 66th Street ~ Rich~eld• Minnesota 55423 ~ (612) 869-4246 A(ilfNl).n ~li(`Il(1N: _-~'OFiS£~1-t.- __ -. _.. _ AGENDA I"I IM # -~-B------------_ RF.:POR'T" # ~ ~ ~ J STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: PATRICK DOLAN, ENGINEERING TECHNICIAN NAME, T/TI,F. REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, T/Trc DEPARTMENT DIRECTOR REVIEW: ~ /~f/~ "G ICNAl'UI2E REVIEWED BY CITY MANAGER: ~ /, n ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2002 sealcoating project. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award a contract to Allied Blacktop, Inc. in the sum of $112,080.84 for sealcoating work to be done in 2002. III. BACKGROUND ~ sealcoating has been an effective technique for slowing the deterioration of our residential streets. The sealcoating process involves applying a thin coat of emulsified oil, then covering it with buckshot sized rock. A map of the proposed 2002 sealcoat area is attached. A bid opening was held April 2, 2002 for the 2002 sealcoating project. A copy of the bid minutes is attached. The 2002 adopted Street Maintenance budget contains $180,350 for the contracted sealcoating. The contract is based upon estimated quantities. Payments will be made on actual work performed. Council would be authorizing a contract at the stated amount with the stipulation that the contract documents allow variations. 0423Sealcoat III. BASIS OF RECOMMENDATION A. POLICY • In 1995, Council initiated an accelerated street maintenance program. The program includes asphalt crack repair, asphalt milling and patching and sealcoating of all City streets in five-year cycles. B. CRITICAL ISSUES • N/A C. FINANCIAL • Allied Blacktop, Inc. submitted the lowest responsible bid. • The 2002 Street Maintenance budget contains adequate funds for the contractor services on this project. The contractor's bid on estimated quantities and amounts will be monitored. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to reject all bids and direct staff to obtain new bids; however, the prices received for this work. are extremely good, and staff does not believe lower prices can be obtained from a reputable contractor. • Council may choose to award a contract to another bidder. However, the bid submitted by Allied Blacktop, Inc. is a reasonable bid, within budget amounts, submitted by a responsible bidder. • Council may choose to discontinue the sealcoating program. However, the program appears to be maintaining and extending the usable life of the City's residential streets. V. ATTACHMENTS • A map of the proposed 2002 sealcoat area. • A copy of the April 2, 2002 bid minutes/tabulation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~ ~ ~~ o ~ ~~ ~ ~ -,~ ~ ~ ~ ~ ~ >~e a ~ ~ ~ e ~ _ ~ ~ ~ ~ ~ ~ ~ ~~~ .~ .~ ,~ ~/1 ~~. ~~ .+~, ~ ~a~ ,~~ ~~ ~-~~ ~~ Z °°~~~ ,~- W °~.° ~ ~ m.~~ ~~ w~ W ~-~-~ R~ ~~ O ~~ 7sYJif~l ~. YDMi1'~ ~ilY ~~ 7~Y W ~® ' w t[~D V ) 4~~41Y~7 ~. E"~ N ~J ,~ 1~ -i ~ ~ („~ N ~~ ,~ ..a ~~~ ~~ ~ ~a C~ IL ~~ ~~1 ~ J _. _ _____ _ ~~~ ` - ~_~ ~~ ~ ~ L..~J ~ ~ ~ _ ~_~ i ~ 7 ~ i~l ~~ .~ 3. ~____7 . L.~3 ~~~ ~~ ~ - ~~ ~ 7 r~~ ~ ~~ 1._...._] i ~ ~L~~ i ~ ~ { ~~~~ 3 - '~~3 ~C~~~ 1 ~~ ~ _,_ ~ C:~3 _~ . ~ _ ~ ' ~~ ' ~~ ~ --,~ ~~~-' ' ~ ~~ ~_ ~ ° ~~ ~ ~~ ~ ~ ~ ~ - ~- ~: ~-- ~c~ ~ ~ - ~ c~~ ~ ~ ~. ~;~~ ~ ~ ~ ~ d d d d d d d d d d d d d d d d d di ~8 z ~ # ~ E ~ 1 ~R~pa ~ !t ~ ~ ~ ~~ J {i .~ .~ ,~ ~~ w R R ~~0~ 'MYQIII~LL7 ,~ .~ ! ~~ ap..~ -~ ~° ~ ~~ ~..~ CITY OF RICHFIELD, MINNESOTA Bid Opening April 2, 2002 11:00 am 2002 Bituminous Sealcoat Construction Bid No. 02-03 City Project No. 101-35-601 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 2002 bituminous sealcoat construction, bid no. 02-03, as advertised in the official newspaper on February 27, 2002. Present: Nancy Gibbs, City Clerk George Atkinson, Public Works Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Bid Amount Allied Blacktop Co. 5% Bid Bond $112,080.84 MapleGrove, MN Astech 5% Bid Bond $152,424.31 Asphalt Surface Technologies Corp St Cloud, MN Pearson Bros. Inc. 5% Bid Bond $172,751.59 Loretto, MN The City Clerk announced that the bids would be tabulated and considered at the April 23, 2002 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: Consent AGENDA ITEM # 1 OA REPORT # I OO STAFF REPORT CITY COUNCIL MEETING APRIL 23, 2002 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH TIVE SERVICES DIRECTOR NAMES TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution regarding an appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Jarod Endersbe to the Richfield Tourism Promotion Board for athree- ear term. II. BACKGROUND On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently, there is authorization for the appointment of five directors to the board. Each appointment is for a term of three years. The current members of the RTPB and the ending dates of their current terms are as follows: 1. Cathy Sulla, representing the Richfield Chamber of Commerce, term ending December 31, 2002. 0423tourism 2. Erika Hiestand, representing Candlewood Suites, term ending December 31, 2003. 3. Robyn Goolsbey, representing the Hampton Inn, term ending December 31, 2003. 4. Shelly King, General Manager of Americlnn, term ending December 31, 2003. 5. The fifth position on the board is currently vacant. Jarod Endersbe was hired by Accor Economy Lodging to serve as the General Manager of Motel 6, Richfield. Mr. Endersbe was the General Manager of the Roseville Minnesota Fairfield Inn from October 1999 to April 2001. He was assigned to the Richfield Motel 6 to execute a turnaround of the facility and to oversee amulti-million dollar renovation of the property. He has expressed an interest in being appointed to the board and would be the first representative from Motel 6 in several years: III. BASIS OF RECOMMENDATION A. POLICY • The City Council has the authority to make annual appointments to the RTPB. • Since it's inception, the RTPB has included hotel/motel representatives as Board members. • Mr. Endersbe is interested in an appointment to the RTPB. B. CRITICAL ISSUES • A vacancy on the tourism board exists as of December 31, 2001 and should be filled as soon as possible. C. FINANCIAL • There is no cost to the City to make the appointment. D. LEGAL • The proposed changes conform to City ordinance and the bylaws of the RTPB. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to appoint Mr. Endersbe to the RTPB. • The City Council could choose to review this matter at a future date. I V . ATTACHMENTS I VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and' motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and .WHEREAS, the term of Bill Brusman expired on December 31, 2001 and Mr. Endersbe has indicated that he wishes to be appointed to the .Board. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint Jarod Endersbe, General Manager of Motel 6 to the Richfield Tourism Promotion Board for the unexpired portion of a three-year term ending December 31, 2004. 2002. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of April, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk .~', 0423tourism