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03-12-01 AgendaCITY OF RICHFIELD, MINNESOTA • MONDAY, MARCH 12, 2001 SPECIAL CITY COUNCIL STUDY SESSION COUNCIL CHAMBERS 5:30 P.M. Call to order Roll call 1. .Discussion of summary-or-descrip#ive,recording-of City Council-minutes - 2. Discussion of placing overhead utility lines underground around Veterans Memorial Park of Richfield along Portland Avenue 3. I-494 Corridor Commission report on past, present and future activities is withdrawn 4. Discussion of proposed ordinance allowing sale of liquor at Richfield Community Center Adjournment REGULAR CITY COUNCIL MEETING • COUNCIL CHAMBERS 7:00 P.M. RICHFIELD CITY HALL 6700 PORTLAND AVENUE AGENDA INTRODUCTORY PROCEEDINGS Call to Order Pledge of Allegiance Roll Call Approval of minutes of (1) Special City Council Closed Executive Session of February 26, 2001; and (2) Regular City Council Meeting of February 26, 2001 PRESENTATION 1. Council discussion items Notes: 2. Opportunity for citizens to address the Council on items not on the agenda (Limited to 15 minutes.) Speakers are asked to keep their comment period to three minutes to allow suf5cient time for others. Additional opportunity for citizens to address the Council on items not on the agenda will be at the end of this meeting. Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. 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 resolution appointing Larry Emond and Glenn Erickson to 2001 Board of Equalization and setting compensation for service S.R. No. 67 B. Consideration of approval of bid minutes/tabulation and award contract to Asplundh Tree Expert Company for 2001 diseased tree removal on private property in amount of $61,073 S.R. No. 68 C. Consideration of approval of execution of eight professional services agreement for appraisers for 66th Street and TH77 Interchange Project S.R. No. 69 D. Consideration of approval of resolution authorizing donation of used books. from Wood Lake Nature Center to Richfield Historical Society S.R. No. 70 Notes: • PUBLIC HEARINGS 5. Continuation of public hearing and second reading of cable television ordinance for Everest Connections Corporation (continued from February 12, 2001) Staff Report No. ,71 Notes: 6. Public hearing and second reading of transitory ordinance providing expenditure of funds from Special Revenue Fund for certain capital improvements Staff Report No. 72 Notes: 7. Public hearing and second reading of ordinance amendment to Section 315 allowing timely disposal of forfeited property acquired by City pursuant to civil or criminal forfeiture proceedings under State law Staff Report No: 73 Notes: RESOLUTIONS 8. Consideration of resolution supporting MnDOT's submission of $7.5 million loan application to Transportation Revolving Loan Fund Program of State of Minnesota to finance replacement of Penn Avenue bridge over 1-494 Staff Report No. 74 Notes: • 9. Consideration of resolution authorizing condemnation of 7744, 7620, 7540 and 7539 Penn Avenue; 1601 West 75th Street; and 7611 Knox Avenue for widening of 76th Street from I-35W to Penn Avenue Project Staff Report No. 75 Notes: 10. Consideration of resolution establishing just compensation-and authorizing purchase of partial acquisition and/or temporary easements at 7544 and 7525 Oliver Avenue; 2018, 2006, 2000, 1920; 1912 and 1900 76th Street West; 7611 Knox Avenue; and 1700 78th Street West for widening 76th Street from I-35W to Penn Avenue Staff Report No. 76 Notes: s 11. Consideration of resolution .providing for sale of $8,350,000 General Obligation Tax Increment Bonds, Series 2001A Staff Report No. 77 Notes: 12. Consideration of resolution authorizing refunding of $2,170,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 1992A, dated December 1, 1992. with $1,180,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 2001 B Staff Report No. 78 Notes:. • ADMINISTRATIVE REPORTS AND OTHER BUSINESS a 13. Consideration of cost participation in aesthetics of I-35W/62 Crosstown Commons Nicollet Avenue bridge Staff Report No. 79 Notes: 14. Update-on water main break at 76th Street-and Oliver°A entte ~ - Notes: AIRPORT BUSINESS 15. Airport status report Notes: • 16. Opportunity for citizens to address the Council on items not on the agenda (Limited to 15 minutes.) . Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. Notes: COUNCIL CHOICE Notes: 17. Claims and payrolls 18. 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. STAFF REPORT AGENDA SECTION: Admin. Reports AGENDA ITEM # 13 REPORT # 7 9 CITY COUNCIL MEETING ~'~''~~°"~'~~''~~' MARCH 12, 2001 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of cost participation in aesthetics of 1-35W/62 Crosstown commons Nicollet Avenue bridge. RECOMMENDED ACTION: By motion either: 1) Authorize expenditure of $50,000 from City fund(s) to retain two clock towers on either side of the Nicollet Avenue bridge at the I- 35W/62 Crosstown Commons; or 2) Direct MnDOT to revise their plans to include an arrow pilaster. instead of the clock tower design. • III. BACKGROUND On November 27, 2000 Council took action to request that the Minnesota Department of Transportation (MnDOT) retain the approximate 100 feet of noise wall on the I- 35W/62 Crosstown Commons Nicollet Avenue bridge in the construction plans: The noise wall will be on the Richfield side of the Nicollet bridge and not on the. Minneapolis side (north). MnDOT is now asking the City for $50,000 to retain two clock towers on either side of the Nicollet Avenue bridge. The clock towers in question do not contain actual clocks, but rather are concrete structures that contain stylized clocks: Drawings of the clock tower and a no cost arrow. alternative are attached. 0312aesthetics • III. BASIS OF RECOMMENDATION A. POLICY • Council has supported efforts to add anaesthetically pleasing look to both public and private infrastructure within the City such as patterns, painting and plantings on noise walls, planted medians and streetscapes and required aesthetic components to private redevelopment projects.. The City of Richfield has already contributed $260,000 in Housing and Redevelopment Authority (HRA) funds to enhance the look of the I-35W bridge over 66th Street. B. CRITICAL ISSUES • The clock towers in question were part of the recommendation from the I-35W Aesthetic Design Review Committee, members of which were appointed by Richfield and Minneapolis. C. FINANCIAL • The cost of the bridge increased because noise walls add considerably to the weight of the structure. However, the City is asked only for cost participation related to the aesthetics, the two clock towers in particular which exceed 7% of the contract cost. MnDOT is paying for aesthetic improvements to the bridge to a limit of 7% of the contract cost. • The adopted Capital Improvement Budget does not contain funding for the Nicollet Avenue bridge in the I-35W/Crosstown 62 Commons. • The City's Municipal State Aid funds have been allocated to other projects. • The City of Minneapolis is being asked to contribute a similar amount to cover the cost of aesthetics on the Minneapolis side of the bridge. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council may reject the cost participation and request MnDOT to delete the clock towers from the design of the Nicollet Avenue bridge in the I-35W/62 Crosstown Commons. MnDOT representatives have indicated that plans for this improvement are complete and deleting the towers would require additional work and expense on the part of MnDOT. V. ATTACHMENTS • Graphics of the I-35W/62 Crosstown Commons Nicollet Avenue bridge with clock towers (with and without the noise wall). • Graphic of the I-35W/62 Crosstown Commons Nicollet Avenue bridge pilaster • with decorative arrow (rio clock tower). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • N N l~ u ' CC W m 4 F- J O O U ~yJZ J W .__L._ (O V • jq F 4 C l: Q~L ~`'- +11~ d z~~ GATEWAY PILASTER W/DFCc~RATIVF ARRnW _ FtINNEAP~US RAIt.ING a e SCONCI MCPHIt WtN~ ROCK FACT ABl P • NEIGHBORHOOD ELEVAI G A T E WA Y P 1 L~ • STAFF REPORT AGENDA SECTION: RESOLUTION AGENDA ITEM # 12 REPORT # 7 $ CITY COUNCIL MEETING • '' MARCH 12, 2001 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing $1,180,000 refunding bond sale of the $2,170,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 1992A, dated December 1, 1992. I. .RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the refunding of the $2,170,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 1992A, dated December 1, 1992, with the $1,180,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 2001 B. • III. BACKGROUND In 1992, to take advantage of a 14 year low in interest rates, the City issued $2,170,000 G.O. Storm Sewer Revenue Refunding Bonds to refund the 1986 $2,525,000 G.O. Storm Sewer Revenue Bonds. Accordingly, the current interest rate climate is similar to the climate in 1992. Consequently, staff has requested Ehlers & Associates, Inc. to review this bond issue to determine if refunding was feasible. 03126ondRefund CHRIS REGIS, FINANCE MANAGER • III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL ISSUES • The sale of the refunding bonds at the same time as the Penn Avenue bridge bonds will allow the City to save on costs of issuance. C. FINANCIAL • On the basis of Ehlers & Associates, Inc. review, it appears that the current interest rate climate would make it feasible to refund the bond issue. • It is projected that at the current interest rates the refunding would save the City roughly $31,160 after fees are subtracted. • The Net Interest Cost on the remaining principal of the current issue is approximately 5.5%, while the Net Interest Cost of the new refunding issue would be 4.2%. • The Storm Sewer Fund is currently operating with a cash deficit. The savings in debt service costs will help in overcoming that deficit. • The maturity date of the new refunding issue will be the. same as the • current outstanding issue. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ Disregard the current refunding option, continue to retire the bonded debt as presently scheduled, and forego the projected savings. V. ATTACHMENTS • Resolution Providing for the Sale of $1,180,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 2001 B. • Bond Sale Report (attached to preceding Staff Report No. 77). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates, Inc. • RESOLUTION NO. RESOLUTION AUTHORIZING THE NEGOTIATION OF THE SALE OF $1,180,000 GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS, SERIES 2001B BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: It is determined that: (a) the City is authorized by Minnesota Statutes, section 475.67 (Act) to refund outstanding general obligations to reduce the interest cost of carrying those obligations; (b) the City has issued and sold its $2,170,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A of which $1,180,000 in principal amount is outstanding (Prior Bonds). The Prior Bonds are subject to redemption and prepayment on August 1, 2001. (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,180,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 2001 B (Bonds) pursuant to the Act to refund the Prior Bonds and to pay the costs of that refunding. 2. Ehlers and Associates, Inc., financial adviser to the City, is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), to solicit offers for the purchase of the Bonds, and to circulate information relating to the terms and conditions of the Bonds as set forth in the "Bond Sale Report" attached hereto as Exhibit A. s 3. The City Council will meet at 7:00 p.m. on Monday, March 26, 2001, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk .7 STAFF REPORT Resolution 11 77 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 12, 2001 C, REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JoI-ELI STARK, COMMUNITY DEVELOPMENT MANAGER NAME TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution providing for the sale of $8,350,000 General Obligation Tax Increment Bonds, Series 2001A. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution providing for the sale of $8,350,000 General ObFigation Tax Increment Bonds, Series 2001 A. III. BACKGROUND ~ On March 20, 2000, the Richfield Housing and Redevelopment Authority (HRA) adopted, and entered into a Contract for Private Development (Contract) with Best Buy for the redevelopment of the Interchange West area. Section 3.6 and Exhibit J of the Contract specify certain public improvements to be undertaken. by the HRA. Among the required public improvements is the construction of a new Penn Avenue Bridge over 1-494. The cost of this bridge is estimated to be at least $22.5 million. The funding of the bridge is anticipated to be accomplished in the following manner: $7 million in General Obligation (G.O.) Tax Increment Financing (TIE) Bond proceeds; $7 million from the Metropolitan Council's Right of Way Loan Fund (KALE) to be repaid by the 0312tifbond Minnesota Department of Transportation (MnDOT) upon Best Buy's conveyance of property to MnDOT at no charge; and at least $8.5 million from MnDOT. The $7 million in G.O. TIF Bond proceeds would be represented by the action which is currently being considered. The G.O. TIF Bond issue which is being considered includes approximately $7 million in bond proceeds plus approximately $1.35 million in interest and issuance fees. The source of funding for the debt service on these bonds is to be the tax increment generated in the Interchange West area; this tax increment is being provided solely through Best Buy's property taxes. Bridge bond payments will be deducted from the tax. increment in the Interchange West area before Best Buy is to receive any of their tax increment financing. As a part of the HRA's agreement with Best Buy, prior to any issuance of tax increment financing to Best Buy, they will sign a minimum market value agreement stating that for the life of the TIF district, Best Buy or their successor will pay property taxes on a minimum of $148 million in property value. This agreement represents security to the City and HRA that there will be sufficient tax increment to service the bridge bond. III. BASIS OF RECOMMENDATION A. POLICY • The HRA signed a Contract for Private Development with Best Buy for the Interchange West. area on March 20, 2000. • The Contract obligates the HRA to construct certain public improvements, including a new Penn Avenue Bridge. • G.O. TIF Bonds have been identified as the most plausible and least risky manner to fund a portion of the bridge .construction costs. B. CRITICAL ISSUES • Moving ahead with the bridge financing is critical to the success of the Best Buy project. C. FINANCIAL • The funding for the debt service on the bridge bonds is to be the tax increment generated by the Best Buy development. Legal and financing mechanisms have been established in order to assure that there will be sufficient tax increment to service the debt. D. LEGAL • Legal counsel has been party to the structuring of the financing for the construction of the new Penn Avenue Bridge and have reviewed the attached resolution. • IV. ALTERNATIVE RECOMMENDATION(S~ • Refuse to :proceed with the sale. • Delay action until a future City Council meeting. However, both of these alternatives would- jeopardize the Best Buy project. V. ATTACPIMENTS • A Resolution Providing for the Sale of $8,350,000 General Obligation Tax Increment Bonds, Series 2001A. • Bond Sale Report. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates, Inc: • RESOLUTION NO. • RESOLUTION AUTHORIZING THE NEGOTIATION OF THE SALE OF $8,350,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2001A BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: It is determined that: • (a) the City and the Richfield Housing and Redevelopment Authority (HRA) have adopted a tax increment financing plan (TIF Plan) for the Interchange West and Lyndale Gateway Tax Increment Financing District (TIF District) within the Richfield Redevelopment Project Area (Project); the City and the HRA have or will enter into a pledge agreement (Agreement) relating to the financing of various improvements (Improvements) in the TIF District by the issuance of the City's general obligation tax increment bonds. (b) the estimated cost of certain Improvements identified in the TIF Plan (i.e. the Penn Avenue Bridge Project), together with all related financing and administration costs is $22,350,000 and the City and HRA require funds in the amount of $8,350,000 to finance a portion of the costs of the Improvements. (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $8,350,000 General Obligation Tax Increment Bonds, Series 2001A (Bonds) pursuant to the Act to provide financing for the Penn Avenue Bridge Project. 2. Ehlers and Associates, Inc., financial adviserto the City, is authorized, pursuant to Minnesota Statutes, section 475.60, Subdivision 2(9), to solicit offers for the purchase of the Bonds, and to circulate information relating to the terms and conditions of the Bonds as set forth in the "Bond. Sale Report" attached hereto as Exhibit A. 3. The City Council will meet at 7:00 p.m. on Monday, March 26, 2001, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • MAR. 1. 2001 12:30PM EH! ERS & ASSOC. U0. ]843 P. 2 BOND SALE REPORT $8,350,000 General Obligation Tax Increment Bonds, Series 2001 A and $1,1$0,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 2001 B City of Richfield, Minnesota March 1Z, 2001 Ehlers and Associates, Inc.. MAR. 7.2~~? ?2:30PM PNLERS ~ ASSOC. N0. 7843 P. 3 OVERVIEW This report describes the proposed plan for the City of Richfield to issue $8,350,000 General Obligation Tax Increment Bonds, Series 200IA and S 1,180,000 General Obligation Scorm Sewer Revenue Refunding Bonds, Series 200I B. This report has been prepared by Ehlers and Associates; in consultation with City Staff and bond counsel. This report deals with: • Purpose and components of the issues. • Stzucture. • Other considerations in issuing bonds. ` '' • Market conditions. • Issuing process. $8,350,000 GENERAL Og~IGATION TAX INCREMENT OOND5, SERIE5 ~001A PURPOSE The $8,350,000 General Obligation Tax Increment Bonds, Series 200IA (the "Series 2001 A Bonds") are being issued pursuant to Minnesota Statutes, Chapters 475 and 4G9, by the City of Richfield, Minnesota (t.he "City") to finance the construction Penn Avenue bridge improvements associated with Best Buy. development in the Interchange West Tax Increment Financing District in the City. Financing these projects requires a bond issue in the amount of $8,350,000. The proposed finance plan consists of the fallowing sources and uses of funds: • Page ~ 1 • • NiAR. 1.X01 72:30P~U Sources Uses ENTERS & ASSOC. Par Amount of Bonds $8,350,000 Interest Earned 22.296 Total Sources Total Project Costs $7,100,000 Rounding 1,083 Discount Allowance 112,725 Capitalized Interest 1,081,188 Finance Related Expenses 55.000 Total Uses STRUCTURE AND REPAYMENT N~.1C43 P. e $8,372,296 $8,272,296 The Series 2001A Bonds are general obligations of the City for which its full faith, credit and taxing powers are pledged without limitation as to rate or amount. It is the intention of the City to pay .principal and interest on the- Bonds from tax increment revenues Renerated by new development within the Interchange West Tax Increment Financing District. Best Buyin a development agreement has agreed to guarantee payment of the debt service. if tax increment revenues and guarantee payments are insufficient to meet principal and interest. on the Series 2001A Bonds, the City is required to levy ad valorem taxes without limit as to rate or amount on all taxable property in the City to make up the deficiency_ The Series 2001A Bonds would be sold March 26, 2001 and be dated April 1, 2001. The first interest payment on the Bonds will be August 1, 2001, and semiannually thereafter on February 1 and August t .Capitalized interest will make all payments until the tax increment is available in the year 2004. Principal on the Bands will be due on February 1 in the years '1005 through 2024. We recommend that Bonds maturing February. 1, 2012. and thereaftez will be subject to prepayment at the discretion of the City on August 1, 2011. The projected debt service can be found in Exhibit' 1 and is followed by the projected tax increment flow of funds. Pagc 2 -~ MAR. 1. 2v~ ~ 12: 3GP'+f E~LERS & ASSOC. N0. 7843 P. 5 . 51,180,000 GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS, SER1E5 2001 B PURPOSE The $1,180,000 General Obligation Storm Sewer Revenue Refunding Bonds, Series 2001 B (the "Series 2001 B Bonds") of the City are authorized pursuant to Minnesota Statutes, Chapter 475, to provide funds to currently refund on August. 1, 2001, the entire principal outstanding of the $2,170,000 G.O. Storm Sewer Revenue Refunding Bonds, Series 199211, (the "Series 1992A Bonds"). The present. value savings, after all fees, is estimated to be over $30,000 for the City. A City can, according 1RS rules, refund an outstanding refunding band issue as long as the transaction occurs -after -the call date. This refunding requires a bond issue in the amount of consisting of the following sources and uses of funds: Sources Par Amount of Bonds ~ 1.180.000 't'otal Sources $1,180,000 • Uses Deposit to Escrow fox Prior Bonds $1,151,120 Rounding 4,440 Discount .AJlowance 9,440 pinance Related Expenses _ 15.000 Total Uses $1,180,000 STRUCTURE AND REPAYMENT The Series 2001 B Bonds are general obligations of the City for which its full faith, credit and taxing powers are pledged without limitation as to race or amount, together with net revenues of the storm sewer enterprise fund which is operated by the City. Should the revenues pledged for payment of the Bonds be insufficient to pay the principal and interest as the same shall become due, the City is required to pay maturing principal and interest from moneys on hand. in any other fund of the City not pledged for another purpose and/or to levy a tax for this purpose upon all the taxable property in the City, without limitation as co zate or amount. • Page 3 MAR. 7. 2~C ~ !2:3QPU E'~~iLERS & assoc. ~0, 1843 P. E ;the Bonds would be dated May 3, 2001. The first interest payment on the Series • 2001 B Bonds will be February 1, 2002, and semiannually thereafter on August 1 and February 1. Principal on the Bonds will be due on February 1 in the years 2002 through 2007. We recommend that the Series 20018 Bonds be issued as non- callable bonds. The projected debt service is in Exhibitl followed by the projected debt service comparison and savings. PROVISIONS COMMON TO BOTH ISSUES Following is a summary of key factors in the finance plan: ' The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The PayingAgent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agentlt~ransfer agent services provided by the bank. • Bidders on this issue may submit a bid which contains a maturity schedule providing for any combination of serial .bonds and term bonds, subject to • mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. We can discuss with you the option of retaining a paying agent to provide the proper call notices to owners of the Bonds. Allowing potential purchasers the term bind option results in increased bidder interest in this issue and possible lower interest rates. • We anticipate that the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501(c)3 corporations}will issue more than a total of $10,000,000 in tax-exempt debt during this calendar year. The Bonds will need to be designated. as nan-bank qualified. • Because the City is issuing more than $5,000,000 in tax-exempt obligations during calendar year 1997, the debt will not qualify for the small issuer exemption from arbitrage rebate. Final arbitrage details will be stated in the arbitrage certificate provided to you at the closing. • Moody's Investors Service will be asked to rate this issue. The City currently has an "Aa3" rating on its outstanding general obligation bonds. • Pase 4 MAR. !. 2vC1 12.,~P,'~ r;~l FKJ & ASSOC. CVO. ]~43 P. 1 We recommend the City solicit -bond- insurance for this issue and allow the • bidders to determine if insurance is cost effective for the transaction.. tf granted bond insurance, the issue will be rated "Aaa" by Moody's Investors Service and/or "AAA" by Standard 6t. Poor's. The estimated cost of the premium and the associated rating fees should be offset by the lower interest rates the community will receive by offering this issue "Aaa" rated and insured. The Securities and Exchange Commission requires that, because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with ,Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15cZ-I'Z promulgated by the Securities and Exchange Commission under the Securities lxchange Act. of 1934. You will be required to provide certain financial information and operating data relating to the City annually and to provide notices of;the;occurrence of certain: material events. The. specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing 17isclosure Certificate that you will enter into at the time of closing for this issue. You are. responsible for reporting any of the material events listed below and in the Undertaking. • I. 2. 3. 4. S. 6. 7. 8. 9. 10. I1. 12. I 3. Principal and interest payment delinquencies; Non-payment related defaults; Unscheduled draws on debt service rese~'es reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit of liquidity providers, or theirfailure to perform; Adverse tax opinions. or events affecting the tax-exempt status of the securities; Modification. to rights of holders of the Securities; Securities calls; . 1)efeasances; Release, substitution or sale of property securing repayment of the Securities; Rating changes; Failure to provide annual financial information as required; and Other material events. • Pagc _S 'VIHK. 1. LuU l 11: ~ I f'iY tNLtKS ~ AJSUG, REFUNDING OPPORTUNITIES N0. 1843 P. 8 We have reviewed all other outstanding indebtedness fox the City and find that no opportunities currently exist other than the current issue. MARKET CONDITIONS The graph_on the following page shows the Bond Buyer's 20-Year G.O. Index (BBI) for the past two years. s • Page G • iNAR. 1. 2CC1 12:31P! hrl hK,j ~ tt~)VC. ~0, ]643 P. 9 - _ ~, r ~ ~n - to X ~ n~/:~i,~~ c N ! (~~- ~ ~ C N .4. ~ i. ~• ••'~~ a ~1~,,~, • ^ 'i ~w .N... ~ G ~ ~ Cat; ~riCs•'~•f " ~ ~ --~ .. •. ~.~• ~ ~~ , Y;~ ^`~i c o _ , ~, s;+'y" ,~ ;k•~' N Q1 .---i_ CN'~4.. ~~+t+?~.~i~ is ~i~-. ~ Q1 _.. ... .1~ ./_~`.lr,• `'fir _• '^ H b r _ _ ~fa,~('- i+.~ ,:.;t'`fr „,x.,17 • - .~. -- - ... _ r ~`tijy~.r ~ r,~• .fir. ~ A •-- , -- -c' ='' ~ a .--- -•----• ~• ~ , m e o 3° ;e ;2 eP o ;E o ve ~ e ~` e d {O Q N S m !O J N O m tOD v N O iD ~D ~. ~D u'i .~ N N r v v v < d MAR. 1,2001 12:32P~ ENLERS & AS~OC, 1S5UING PROCESS N0. 1843 P. 1 C Following is a tentative schedule for the steps in -the issuing process. March 12, 2001 City Council adopts resolution calling for the sale of the Bonds Week of March 12, 2001 Submit draft Official Statealtent and rating materials to Moody's Investors Service for credit rating Distribute Official Statement Week of March 19, 2Q01. Conference call Moody's Investors Service and receive credit rating March 26, 2001 Bond sale End of April and Bond closing of TIF Bonds Beginning of May Bond closing on Refunding Bonds :, :_ Pagc 8 , 1~AR. J. 2001 12:32P'U FREERS & ASSUC, UU.1843 N. 11 EXHIBIT 1.00 • City of Richfield ,18,350,000 G.O. Tax Increment Bond, Series 20p1A NEI' DEBT SEKVICE SCHEDULE Date Principal Coupon Inueest Total Y+1 CIF Net New D/S FISCALTOT~L C~ 1/20/2001 - - - 8/01/2001 - - 140,815:00 140,815.00 (14015.00) - 2l01/2001' - - 211222.50. 211,222.50 (211,222.50). =/01/2002 - - 211,222.50 211,222.50 (211,222.50) 2/01/2003 - - 211212.50 211,222.50 (211222.50) - - b/Ol/2003 - - 211,222.50 211,112.50 (211,222.50) - 2/01/2004 - - 211,212.50 211,222.50 (211,222.50) - 8/01/2004 - - 211,222.50 .211,222.50 211,222.50 - 2/01l2005 260,000.00 4.100% 211,222.50 471,222.50 - 471,222.50 682,145.00 E/01/1005 205,892.50- 205,892.50 205,892.50 - Z/O3/2006 270,000.00 4.zoD% 205,892.50 475,892.50 - 47s,e91.so 6at,7as.oo B/oti2DOS - - 200222.50 200222.50 - 200,222.50 2701/2007 2E5,000.00 0.300% 200,222.50 485222.50 '~" 4a52zzso 6ss,a4s.oo 8/Ot/2007 - - 194,095.00 194p95.00 - 194 095.00 , - 2/01/2008 295,000.00 4.400% 194,095.00 989,095.00 489,095.00 6E3,190.00 B/Ot/ZOOE - 187,605.00 187,605.00 - 187,1;05.00 2/01/2009 310,000.00 4.500% 167,605.00 497,605.00 - 497,603.00 685210.00 8/01/2009 - - 180,630.00 380,690.00 180,630.00. - 2/01/2010 320,000.00 1.600% 180,630.00 500.630.00 500,630.00 681,160.00 8/01/2010 - 175,270.00 173270.00 - 173,170.00 508270.00 - 681,540.00 2/01/2011 335,000.00 4.650% 173,270.00 508270.00 E/Ol/20I1 - - 165,461.25 .16;,481.25 165,481.25 2/01/2012 355,000.00 4.750% iG5,4E1.Z5 520,481.25 - 920,481.25 655,962.50 8/01/2012 - - 157p50.00 157,050.00 - 157,050.00 00 527;050 - 684,100.00 2/Ol/1073 370,000.00 4.800% 157p5000 527,050.00 - . 170.00 148 df01/2013 2/01/2014 - 385,000.00 - 4.900% 148,170.00 146,770.00 t4E,170.00 533,170.00 - , 533,170.00 681,340.00 b/01 /2014 - - 138,797.50 158,737-`.~ 7 50 - - 138,737.50 737.50 543 - 682,475.00 2/O1/2015 405,000.00 5.000% 138,737.50 . 543,73 , 8/01/2015 - - 12E,612.50 128,6)2.50 - 118,612.50 672 50 553 - 682225.00 2lO1/ZO)6 425,000.00 5.100% 12E,b12.50 553,612.50 - . , e/01!2016 - - 117,77500 117,775.00 - 117,775.00 - 2/01/2017 450,000.00 5.200% 117,775.00 567,775.00 - 567,775.00 fi85,550.00 6/01/2017 106,07$00 106,075.00 - 106,075.00 - 2/Ol/2ot8 470,000.00 5.30096 ]06p75.00 576,075.00 - 576,075.00 682,150.00 8/01 /2018 - - 93,620.00 93,620.00 - 93,620.00 620.00 558 - 682,240.00 2/ot/2019 495,000.00 5.350% 9$,620.00 588,610.00 , 378.75 80 - 8/01/2019 2/Ol/1020 - 525,000.00 - 5.400% 80,378.75 80,378.75 80,378.75 G05~7b.75 - , 6D5,37b•75 685,757.50 8/0!/2020 - - 66,203.75 66,101.75 - 66,203.75 20375 616 - 407.50 6E2 Z/Oi/1021 550,000.00 5.450% 66,203.75 616,203.75 - , , b/Ot/zo21 - 51,216.25 51,216.25 - 51,216.15 631216 25 - 68Z,431~50 2/01/2022 5E0,000.00 5.500% SI,2i6.25 631,216.25 - . 8/01/2022 - 35,266.25 35,266.25 - 55266.25 - 2/01/202$ 615,000.00 5.550% 35,266.15 650,166.25 - 650,266.25 6E5,53Z.50 b/o1/201$ - - 1a,zoooo tb2oo:0D - 18,20000 - Z/01/2024 650,000.00 5'.600% ]8,200.00 66820000 66E200.00 686,400.00 Taal E,S50,000.00 - 6,516,97500 14~66'T75.00 11,196,927.50) 13,669,447.50 fhlcn ~ ~~~~ /=c 117e = Drslbuysf-cxem~~stbuy-Tar-I_rcmp ,t/ 2/700! 2.57 pM lradcrs in PUbiK Pinencc u . VAR. 1, 2~t~? 12:32Y'J ~~i ERA & A~~CC, tiC, 1843 ?. 12 ttgee0 t fi r q-wun - w.r•7rq. wr a..l 6tAf1C A66UYPipN6• iET l0A ' h262> INTEaCwWGEWESTICOUM pamet 1.7260% awWn w.r EinY / Trap OyOt/IOOt A$SVMES N01E +65UE0: TTA)tu1CREMENtPOaWTE~'aGEwESTIN: ~+ ASSWE9FM6 A6EWESLA6TTA)l6tCRfA+EMM+ 2t-;Vl.O% Af91twFS CIA4S HATES aF: ut.4 AS4VaAE4 alAR)CET VAWE PEa 6auARE iOOT OF ~.~.~ AMIOUNTt1iE0E00061REN7E3TtAMTES: ~ a.tto.t3. 70.6te.t4 4OTJ.127 AAgVNT OF PAY A6 YOU GO NOlE. 7 61160 1 \ dfiEPENCE. AMCVNTNEEOEDOEVE.AGaEEAtENT' O t7 ~ ~ 35 070.iN . . , a~D77~2~ AAIOVI7T OF PAY AS YOV GO NOTE t t ~ 17.100.o pPT1:/IENCE: a96oe9 BASE TA% CAPACRY: Ae Yw m Rar al pw. Cen04tlbn R60o Py 2000 CNpAY (0eanaee) Rata . AAE- wtDE RATE • Eat CaOacifP ~yrn- Ilan • CITY IUTE • iR02E NWasI VIr1 9q F~ Tarr Prr TWt - Tea Capaetry tlnw Fls Or ToteiTu Ca Tan lur 14tsat Vatw ParFt= R Un:t- 3C. FIAmM 5570 Ttwe 54S t17S . $,\00,166 0.372300 1.o1tA.e% 112aN.ooo 70d - 1~1.W 1.500.000 . . ,. . , .; tAritNOREME7,TGASNFiow atrin A ~aw'0 TucEaamW P.AY.C. TsW P ett~ Oar aadn0 Paned Ba AmwN t Pulse CN^t~ BemMmMl Srr Ad. 2snr-Annu61 Tr t Fud Pond 0.0. 60+Id Nor Tsaaa id P E ldnO Prue Yta MI.. Yr . p Baw Ta• Tut Tu Ow66 Ten Paynr^I 02S% Inc1MnM 600% \5.00% P rn e O.S 06e1 2001 Ytf. ^, MOl Yt. ~ C C i C I,r.~rn e ~ e o 0 0 0 p l.e otol 2002 6.0 oa41 toot e o 1 0 1 0 o 0 0 t.S Not toot 0 6 a-01 21gt o e o ° ° 0 0 0 0 10 61oT 2000 t.o 0zd, 2002 0 e o 4 0 ° o 0 0 0 2s o6ot 10N /s 660+ 2aoz o 0 e o 0 0 0 0 9.o rte! 7oM to 4•S o24t 20N 06-01 1000 o 4 a o o e + t5+ e 666> (11 ~ 6,7K 3. (106263) Ia17.1N) 0 (40,6001 i•]64.6.1 1 66.an,747 767 66AF 3.5 a 0 00-01 2ee1 02-01 a.o Door zoo. .».oos S.t69.1K a.7u.3erz 75a 1 a6: 9.te . 63t At6t , 11 t,6M) 7.110,765 ltO5.i6J7 (3/7.1N) (aN.S001 790601 , , ]s e6d/ EOM aa6.6o] 3.•00.266 49 2 . , 416 4] • , ].a1Z2a 1+1.110) 3,p0.tta (t06Z-7) 16 lle) ry10 2.aN,tp 3a,11t.021 5.0 O~t 7000 /.0 0201 2006 W.e00 eBT W 620 . 49 S i02 . . a,W.0a6 3221 X21 (12.1\0) 7,108»• (\05.219) ] v.16e1 P 166) lat7 , (9.0.600) 2.606.536 4.IM.7a2 5.6 0441 2006 LS 0 6 06-01 1006 0201 20e6 . 856.000 , , S9T3.N0 6136,075 a.40t,615 (17.992). ].700AeT 07 00 ) ItOS.N 283) (106 , ( ~ Ot-01 7007 . 5.6 6041 2006 a30.003 6.375.976 1,076.076 3201.625 71 (Ttia96) It1 6N) ! a.4 2.730.901 , pesle3) 317,tN) l (40.SOD) 1.567,0St 7 t M,SN to t79 6N N 0.S 7 0 0141. 7006 6.0 K-0~ 2007 al6,6o3 9a6e.67/ 6.027,776 770 7 99tTA aT7 aa7 a , (t 2.5001 a,730.N2 (106.26?) l17,It1) 1 (3ao.ioo) tS0 ,N 1 H6 1i5 . . 4.6M.M0 . 7.6 060\ Y000 8S 06-0t 7007 aae.eN SAKl70 9e0 N . 6.02 077 121 5 . . 7A06.161 (12.606) 3.aw.776 (1N26A Ia17.tN) I9a66001 g103oe} , . - 7.660,a2S 4.6N.M 0 6.0 02-01 700• 7.0 0241 2006 136.00e V 003 , S,S 160 300 6 . . 5.+11.077 9,aas,161 112,6DS) 7.300.976 (106,20» 7A 6)17,1N1 11 106) O 13.0.300) ?•ea0.011 4.725.00 5 6.6 06At 1060 T.5 0601 2000 1 . 1780W . . NO.OM S 6.21800! 9.N6,Ig2 (14M61 J.a66.027 ) UOS~ 0] . t7 t00) h (40.600) 2.N9.976 p,726,OK 0.0 OtOt 1010 6.0 024\ 1W0 004\ 2000 600 ,76 , 5.066.606 S.ttl.000 l.IN172 p9,6aq 9AS6AZ7 6 ) (+032 Na 2q> , (9t7,1N) (!10,600) z,710.a4 4.600,57 2 45 0601 2oto 2ptt 6.S 4 a p2.ot 20\0 . a36.6oa 5.75aA» 49ts,i65 a.63a.W 1+3.ieot N 6.511,57 579 521 7 . pO5Z07) (7t7,lbn 1310.6ro) 1.76802! 4.6M.57 2 10.0 O24t . 8S. Not 2010. W.685 s.74A66 S.S/S,Sea 1 efi0 9.571.666 600A76 3 1132 1 lt9•U~ . , 0 . 2~p~ 6a7 66.600.16 5 1~.0 00.61 2012 N.0 02-0t 2011 !]0.00,7 6!6 00.1 5,687.75] 7'53 4057 . S.It 6.116.050 . 3.60e,676 (+6.6071 7,567.~N 106.287) 9 (7/T,ISQ tT 1N) A ) 50 (40 '(360.600) . 1.N1.105 91,073,02 6 tt.8 A-01 2012 /O.S 11 0 0611 7011 0141 201? . 630.66] . 5.056,770 5,9\6.627 D.6N.015 Ita.T90) 9,64230 W 1» ) I+w-26 (t06 2p) , tat 7,180) 600 l~6°• 2,N1.2A5 L.6791i 0 17.0 5 82-01 lOt3 0001 201! . /t.6 MOt 2012 W.100 5.061:7!6 S.Si6,622 3.6N.025 790 iaa 1t].70e) t1 ONt l , 3 72\,267 6 . (tOSZN) (a17.tN1 (660.500) 2.654.676 aa6 W 6i.050A1 62 56 060 0 0 1I. 17.0 p04t pta 72.0 024\ 3013 136600 8067 N6 /10 067 6.6t85N S60 6 M , 5. !,790,766 . (11,066) , 87.6.207 1100.103) 17,iN) P (760,SN) 2. . 6,0?6,60t . . K,1N.90 6 qd Qe41 2011 _ 12.5 MOt 2013 aL.600 y6 0N , 1, 8161 40 . . 5.726.007 6.606,610 (ta,9oe) 3.7Y/.6/P (106.2871 69 6 (2~710s1 la (3\0,600) 3.026.561 6T.IN,e0 0 11.0 02-0t 1016 17.0 tab 0041 2016 0641 !0+! , tl6.603 . . 8tet,aN 5.723.tg1' s.lps.em 1/1,]06) S7 + 9.70\,612 Nt »1 9 (t 0 2 ) (+06.263) gl7,feq 1aao.6oo) 6.000,60\ fS.795,00 27406 6 0 0 11.5 s IS 0401 70th 0201 p16 t1.o 02-01 1pK .30.009 6204.24 S,e2i,J3t 17\ 7.070.505 676603 9 I 1 ~ (16,6791 , . 7.Nt.6a2 1\65.267) N+7.t6q lJI0.500) 0D 3,tN0A0t 616 t7o l . 9 f46.O f6 N . 16.5 004\ 2020 11.5 0641 1016 W.600 a1N L91 0• 6.026. 656 - 097 6 . l.40AN ifa,eal) !.933.506 (105.266\ (J/7,tN) t7 ) 140.5 60o) Iaa1 , . 3.170,616 , 56116.00 5 960 024\ 2017 Ire 0001 2011 168903 e09 6.7761 097870\ . . S.Cl7,K0 7.M6,aq (11,84) 7.9a9.6N (\06281) 16 ,1N1 1N) Ia17 , (310,100) SZa3.N5 f5A17,0e D 165 N-01 7617 186 Not 1016 W. ON 6NAS7 0 1.47.160 6.e21 SK 116.110) a.000,W (106263) 1 . tM) (317 (a6o.seol u U 900 0241, 1017 W, 009 196 . 6AMAS9 6.M7.a60 a.oit.661 1+6.116j a.oo6.a9c 1106.28 1 87 , 13t1 1N) 136034e1 6 » 65,6\1,39 6 17.6 OLOt 2016 N.5 0641 2017 . 6m 30 5M 2M3 0 6,16011e 1.096.N1 (15.»0) a.D6o.362 ) (1052 67 . t6q p+7 140.600) 6117.0\\ 646\1,66 6 180 600\ 2016 170 71 0241 20th 064/ 1oU a . 000 W , . 0,»6.66 6,\99.40 a.g16,Nt 1\5.960) 1.000.601 006 35 ) (1062 (106263) , 1717.166) (3a03o0) 7.760,017 K.0eeA0 0 1D9 1 0601 7016 0201 1020 1 0 16 02-01 7010 . a36.0N 6.712.e0t 6.273.\59 1,171,65\ Kf 7t (16.003) w1 I1s . ..\ 1 /56 164 (tGS1Klt 717,16 ( (610.900) 6.!19.017 9 7 66,606,6 787 1 65 00 11 6.0 IO.S 0641 2020 . 10.6 0801 2010 166.900 6,7\2.002 0K 8 6.276,150 6 750 42 , 1.1 1,DN.47 • 115.071) , , 6,132,676 (104!6]1 (317.166) N 7 ~) (40• (3NS401 2 7AN. 7,6M,72a . . 56.707.1 t0 20.0 O20t 202\ 14.0 06dt •2020 W.067 6w 76 M. 46 647 0 , , 1.!/8061 a,2/8N7 l\6.672) ~ ~ u s 0~ \06.20) 8 .t (91 ) (]/7 \061 140,50% 9y7,785 64601.6 06 tIS 0042 202\ 10.5 06-01 1020 1 , 003 . . 366 120 4 606.77! 6 6!!6,86\ {\6.x7) ] i 7 (105.1 5) 67 . 1N) (617 t3N 6 % ~ N S : ~ , a Toe 0141 2011 601 2o2t 411. 009 .]6 , . 645176 , 8506.72! 6,726.01 (\6.207) 1]10.>M ) (,06,2 1631 105 , (a17.r6a1 .~oi t ].~. ~ nt ri.9 7 i . 20?1 w s 1 2003 10.6 2t e 0 6!-0t 106 . 1\0,106 7,016.630 6.6N.6as I..o1.46 1\6.5661 ts IN1 •906.074 076 300 . 1 . 1\05.1031 {317 ~H) 1a6o,sool ],027,1!4 64.N15 s o601 71 74 220 a 6 024 ew1 1029 . ?t.S O60t 20?S 176.603 7.WS.194 7 6020.536 •\. 7.6 6 a,1ec.46 ao.666 6 I . (16.nt) . . a,o0.Yt6 (+05.287} 19tz+N) la.o.5eo) 300) 40 3,7o7,m 707.679 7 , 6 - f6,oo3.3 74 . 730 OQ01 DON ao mol 20x9 W.6m 009 1,u7,7t \671\7 7 . . I,TNAt6 . a.6N.145 1\867\) IA70.62a (103.'NA (317,\111 . ( . LtNS+t N.+ac.N 6 t9s 44-01 2m1 12.6 0441 2027 W. 606 , M6 912 7 6672.366 1,470.W (17,1-t) . ~~ ~ G .M Iat7 o a,13O,D11 66106,4 4 210 07-01 7015 73.0 0241 loin ' 168 607 W . , 7 3•t.7N 6.071.9!6 1.fi70.119 1/7J11) . tos,a q) fe5 N3) , 1M1 (dt7 6 1116,0\16 N,2t2,2 7 4 21.5 NO1 2075 ' ?9.5 07A 0001 1 . 067 96 . /14 7A37 60M,616 6,04.0\2 I+LIN) 6.04.5\6 , I 628\1 . 1917 1Nt 0 1.211,6N 60,E12.2 7 0 16.0 67-0t 102 6 21.0 0201 ?025 , 1 W 001 . 614 177 7 1,6065\5 4W.012 (17,1661 I,p{.St6 (\0 269) 106 . (a a,2N.M/ 64916. N1 756 Nd1 2010 - 213 0601 7005 , , . 717 566 7 7 12!6\6 1.791.9M (17.6\7) 6771.N2 1 . i7'Y C 1144NI 66910 1 7!-O to-0t:. 7 V ?S.0 QQdt Alt W.109 _ , , _._. _.. , t.nl ne 617011/ h7 N7)_ 1721,511 5166166 ... ___.~.. ~ ....,a . tas 657.760 Da214. 4 0 _ 6uTf01Ft~w6t1 Ia6a P,ta61a \76'•1^ ~a..~twt6.rrrrw M10- MAR. ?.2901 12:32PM Duce 5/03/2001 2101/200"1 8!O!/2002 2/01!2003 8/01/2003 2/01/2004 8/01/2004 2/01/2005 8/01/2005 2/Ot /ZOOti 8/Ot/LOOG 2/01/2007 Total EHLERS & ASSOC. ~0. ]943 P. 13 EXI~BIT 2.00 City of Richfield Proposed Current Refunding of SZ, 170,000 G.O. Sturm Sewer J~'evenue Refunding Bonds dries l99ZA DEBT SERVICE SCHEDULE Principal Coupon 1ritCrCSt TOUt r+t F1SCA1. TOTAL } j x,000.00 185,000.00 195,000.00 205,000.00 210,000.00 230,000.00 1,180,000.00 YI]:tD S'tA"1'ISTICS • 3.650yo 54,2G6.T8 189,266.78 _ 20,18G.2:'~ 20,186.25 3.750A~ 20,1Rti.Z5 205,186.'15 - 1 G,7I 7.50 t 6,717.50 3.R5096 16,717.50 211,717.50 _ .12,963.7;, 12,9G3.75 3.950%, 12,963.75 2 t 7,963.75 _ A,915.00 8,915.00 4.00096 8,915.00 218,913.00 _ 4,715.00 4,715:00 4.100Y• 4,71 a.00 234,715.00 161,2G1.78 1,341,2G1.7A I89,2G6.78 225,372.50 228,435.00 230 X17.50 227,R30.D0 239,4:50.00 .............. 34,0$8.dd .... : Bond Year Pollars .................... .... . .............,.................................................,........ Average 1.ifc.... ....:......................................................................... 3.439 Vears .............. 3.9734874% . . Averagr Cuupvn ................... .... .... ... .................................................................... Net interest Cost lN1C).. ..........................................:......................................... 4.2060!58946 71ttc InterYSt (;(1,11 fTIC) ...................... .....................................................:...................................................... 4.2'L78541Y. Hond Yield forArbilrage 1'urpoecs .... ..................................:......................................................................:.. 3.J656888% All tnclusivc Cost (NC) ...................... ... ............................................................................ 4.63473;11% 1RS EOILW 8088 ..... 3.97:5437416 ... Net interest Ca4t ................................. . . .............................................................................. ..................... ..... 5.439 Ytars Weighttd Avenge Maturity .............. ...................................................................................................... EJr/crs R A.~.Ucialc,~ lore. Pile = R!c H%IElLL: l =UU t~~r o/'Jt~ 9?o S? I iOX C%O.+A~iyrr Swr /ltv Re!- .f/NCII f'!!dU'C1Jr 3/ 6/100! /O.~ZJ M! Lutdcrc in fltb/ic Pittnna., ~UIHK. l.1UUl IL•JJ~I~ EHLERS 8, ASSOC, ~o. ~aa3 P. ~~ Ciry of Richfield proposed Currcn! Refunding of SZ,170, 000 G.O. Sturm .Sewer Revenue Refunding Bonds .Sends 1,492A DEBT SERVICE GOMPAKISON Uale Totat Pti Net New D/S Otd Nel P/S Swings FISCALTOTAI, 5103!'L001 - - - 2/01/2002 189,4G6.78 189,266.78 196,570.00 7,303.12 7,303.22 8/01/2002 20,186.25LO,18G•25 27,445.00 7,258.75 - 2/01/2003 205,186.25 205,186.2 202,445.00 (2,741.25) 4,517.50 8/01/2003 16,717.50 26,717.50L2,895,00 G,177.50 - 2/01/2004 213,717.$0 211,717.50L07,895.00 (3,822.50) 2,355.00 8%01/2004 12,9G3.7.S 12,96:3.75 17,992.50 5+,028.75 - 2/01/2005 217,963.75 217,963.75 217,392.:0 28.15 5,057.50 8/07/200; 8,915.00 8,93$,00 12,492.50 3,577,50 - 'L/01/2006 218,475.00 218,91,5.00 222,492.50 :3,577.,0 7,155.00 8/Ot/ZOOG 4,715.00 4,715.00 _ 6,612.50 -1,897.50 _ _ • - 2/01/2007 234,715.00 234,715.00 236,612.50 1,897.50 3,735.00 "total 1r;41.261.78 1,3i1,L6I.7Z< 1,371,A45.00 30,183.12 - YR&fF.NI' VALUE ANALYSIS SUMMARY (NEI' TO NEI') Gross FV Debt Sctvice S•rvit~s .......................................................................:................ ............................... 26,719.74 Nct FV l'ashtlow Savings ta? a.635% UIC) ............................................._................,.... .....:........................ ZG,719.74 • 39 Contit+gcncy or Rounding Amount ................................................................................. .............................. 4,4 .6G NET FRESEYf VALUE BEi`CfIT .......:.....................................................................°-........ ............:...........,...,.. .531,1$9.40 NL"f f'V FIENEFIT / S1,165,000 REF(1NDED FR1NCiPA1 .............................................. .............................. L.675% NF, i' FV BENEFIT / 61,180,000 REFUNDING PRiNfIFAL ............................................ ............................... L.Ga 1 % Chler.~ k Asxx'ialas. I+rc. filc = RICIi/7BLt25F-110 Cbr ofSar92A S2,! 70KG[? Slor~rr Swr Ktv Rc(- SINGLCPUICPL~SE LruJet.+' i++ P+~G/it f'inencr 3/ G/7001 10.'19 Mf • STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING ' MARCH 12, 2001 Resolution 76 REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER Nanac, REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR TLTLL' • DEPARTMENT DIRECTOR REVIEW: i REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of partial acquisition and/or temporary easements at 7544 Oliver Avenue, 7525 Oliver Avenue South, 2018 76th Street West, 2006 76th Street West, 2000 76th Street West, 1920 76th Street West, 1912 76th Street West, 1900 76th Street West, 7611 Knox Avenue and 1700 78th Street West for the purpose of widening 76th Street from I-35W to Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution establishing just compensation and authorizing purchase of a partial acquisition and temporary easement at 7544 Oliver Avenue (a four-plex); a temporary easement and title work at 7525 Oliver Avenue (Woodlake Lutheran Church); temporary easements at six single family homes including .2018 76th Street West, 2006 76th Street West, 2000 76th Street West, 1920 76th Street West, 1912 76th Street West, 1900 76th. Street West; an additional partial acquisition and temporary easement from Fountainhead Apartments at 7611 Knox Avenue; and a temporary easement from Galyan's at 1700 78th. Street West. 0312JustComp76th II. BACKGROUND • Council approved just compensation offers on February 12, 2001 on properties needed for the Widening of 76th Street from West of .Penn Avenue to I-35W. SEH, Inc., the City's design consultant, has informed City staff that additional right of way of a minor nature is needed to build the road. Construction behind the sidewalk along 76th Street will require temporary construction easements from eight properties located along the north side of 76th Street. Six of the parcels are single- family homes, one parcel contains a church parking lot and one parcel has a four- plex apartment building. A temporary construction easement is also needed on the Galyan's Trading Company parcel along Knox Avenue. The City will require a permanent taking to acquire a small amount of land to place the sidewalk behind the curb. The City will require a small amount of additional permanent taking from the Fountainhead Apartments, 7611 Knox Avenue, along Knox Avenue to place a sidewalk behind the curb. Finally, a review of land title records revealed that the title record for a portion. of Oliver Avenue just .north of 76th Street needs to be cleared up before construction on 76th Street can begin. Ownership of the roadway indicates that Woodlake Lutheran Church, 7525 Oliver Avenue, is still the owner. City staff has begun to visit with each affected property owner to discuss the impact of the road project on their property. • SEH, Inc. staff prepared appraised values of the permanent and temporary easements. The values were based upon the independent appraiser's opinion of the fee value of land owned by the nearby Colony Apartments and the appraiser's opinion of damages per square foot for a similar temporary easement and another appraiser's opinion of the value of land per square foot for single family parcels in Richfield. The estimates of the damages caused by the proposed takings and the amount of right of way needed are shown in the attached table. III. BASIS OF RECOMMENDATION A. POLICY • The subject properties have been identified as necessary to be acquired for the Widening of 76th Street from 1-35W to Penn Avenue Project. • Right of Way acquisition procedures set forth by the Minnesota Department of Transportation (MnDOT) and the Federal Highway Administration are being followed. B. CRITICAL ISSUES • Offers will be made to the property owners upon Council's approval of just compensation and authorization to purchase. • Properties are being processed for Council's consideration for just compensation and purchase authorization as staff receives appraisals. C. FINANCIAL • Funding for the purchase of these parcels will be provided by the City • of Richfield using its Municipal State Aid Street funds (gas tax revenues). D. LEGAL • The City's attorneys have overseen the right of way acquisition process and will be available to answer any questions. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may choose to delay approval of the just compensation and authorization to acquire the project properties or not approve them at this time. However, a delay in making offers may disrupt traffic on 76th Street when the Penn Avenue Bridge is closed in 2002 for reconstruction. V. ATTACHMENTS • Resolution establishing just compensation and authorizing purchase of real estate property located at 7544 Oliver Avenue, 7525 Oliver Avenue South, 2018 76th Street West, 2006 76th Street West, 2000 76th Street West, 1920 76th.Street West, 1912 76th Street West, 1900 76th Street West, 7611 Knox Avenue and 1700 78th Street West. • Legal descriptions of ten properties under consideration for partial acquisition • and/or temporary easements for purposes of widening 76th Street from Penn Avenue to 1-35W. • Parcel Index for City Project 401-30-513, widen 76th Street from Penn Avenue to I-35W. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • RESOLUTION NO. RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 7544 OLIVER AVENUE, 7525 OLIVER AVENUE, 2018 76th STREET WEST, 2006 76th STREET WEST, 2000 76th STREET WEST, 1920 76th STREET WEST, 1912 76th STREET WEST, 1900 76th STREET WEST, 7611 KNOX AVENUE, AND 1700 78th STREET WEST (WIDENING OF 76th STREET FROM I-35W TO PENN AVENUE PROJECT). WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property and easements pursuant to and in furtherance of the Widening of 76th Street from I-35W to Penn Avenue Project (Project) heretofore adopted by the City of Richfield (City) said real property being described on Exhibit A, together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto; and WHEREAS; the City has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property and easements appurtenant thereto; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and WHEREAS, the City has prepared values of the permanent and temporary easements based upon the independent appraiser's opinion of the fee value of land owned by the nearby Colony Apartments and the appraiser's opinion of damages. per square foot for a similar temporary easement and another appraiser's opinion of the value of land-per square foot for single family parcels in Richfield; and WHEREAS, the Richfield Public Works Department and City Attorney have reviewed all appraisal reports and review appraisal reports prepared for the properties and the City staff recommendations of just compensation for the real estate and easements, and concur that such amounts should be determined by the City Council as the just compensation for such properties, as indicated in Exhibit A; and WHEREAS, the Richfield Public Works. Department has also recommended that the City proceed to make offers to the owners of the properties in the just compensation amounts of $11,900.00 for the 7544 Oliver Avenue real estate partial acquisition and temporary easement, $1,170.26 for the 7525 Oliver Avenue temporary easement, $264.54 for the 2018 West 76th Street temporary easement, $441.52 for the 2006 West .76th Street temporary easement, $445.30 for the 2000 West 76th Street temporary easement, $467.35 for the 1920 West 76th Street temporary easement, $357.12 for the 1912 West 76th Street temporary easement, $365..94 for the 1900 West 76th Street .temporary easement, $411,100.00 for the 7611 Knox Avenue partial acquisition and temporary easement, and $1,490.23 for the 1700 West. 78th Street temporary easement. • WHEREAS, the just compensation amounts indicated are consistent with similar appraisal reports and review appraisal reports. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the total just compensation for each of the individual parcels of real estate and easements are found to be the amounts indicated in this resolution. 2. That the City Manager is authorized and directed to submit to property owners the City's offer to pay such just compensation amount for all interests in each such property and commence negotiations for the purchase of said property interests. 3. That the City Manager is hereby directed to notify, in writing, the owners of the properties that the City intends to acquire the property indicated in Exhibit A and establish eligibility for relocation benefits, if any. 4. That the City Manager and Mayor are authorized to execute purchase. agreements in a form acceptable to them and take all other actions necessary to complete the purchase of the properties for the amount of just compensation set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • n U EXHIBIT A Temporary Construction Easements For Widening 76th Street from West of Penn Avenue to I-35W Including Knox Avenue Parcel No. PIN Number Address Size-Sq. Feet Cost 7 33028320036 7544 Oliver Av. 835 $525.92 8 33028320018 7525 Oliver Av. 1, 858 $1,170.26 9 33028320016 2018 76th St. West 420 $264.54 10 33028320015 2006 76th St. West 701 $441.52 11 33028320014 2000 76th St. West 707 $445.30 12 33028320060 1920 76th St. West 742 $467.35 13 33028320055 1912 76th St. West 567 $357.12 14 33028320056 1900 76th St. West 581. $365.94 16 33028320012 1700 78th St. West 2,366 $1,490.23 Total 8,777 $5,528.19 Permanent Takings and Temporary Construction Easements For Widening. 76th Street from West of Penn Avenue to I-35W Including -Knox Avenue • City Parcel. Property Address Description of Interests Being Acquired Real Estate Immovable Fixtures and Equipment Total 5R 7611 Knox Avenue Fee Taking. Fee taking of $411,100 $0 $411,100 7,497 square feet and temporary easement over 34,637 square feet for 17 months. 7 7544 Oliver Avenue Fee Taking. Fee taking of $11,900 $0 $11,900 693 square feet and temporary easement over 835 square feet for 17 months. • . PARCEL NO. 5R CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 23, 2001 OWNER: Steven Operating Inc. c/o Fountain Head Apartments 5290 University Ave. West, #310N St. Paul MN 55114 P.I. N.: 3302824340001 PROPERTY ADDRESS: 7611 Knox Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The North 10 acres of that part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota lying between the west line of the highway and a line parallel with and distant 170 feet east from the east line of the West 5 acres of said Southeast Quarter of the Southwest Quarter. Except roads DESCRIPTION OF EASEMENT: A perpetual easement for roadway and utility purposes over,. under, and across that part of the above described North 10 acres which lies southerly of the North 33 feet thereof, which lies westerly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, and which lies northerly of Line A described as commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West, along the west line thereof, a distance of 33.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel with the north line thereof, a distance of 256.20 feet; thence South 67 degrees 27 minutes 10 seconds East, along the westerly line of said highway right-of-way, a distance of 53.50 feet to the point of beginning of Line A to be described; thence South 88 degrees 40 minutes 26 seconds West 222.33 feet; thence southwesterly 65.91 feet along a tangential curve, concave to the southeast, having a radius of 62.33 feet and a central angle of 60 degrees 35 minutes 03 seconds to a point in the easterly line of said Knox Avenue and said Line A there terminating. • TOGETHER WITH, • A temporary easement for construction purposes over, under, and across that part of said North 10 acres which lies southerly of the herein described Line A, which lies southwesterly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 41.3311, and which lies northerly of Line B described as commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West, along the west line thereof, a distance of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East 30.00 feet to the easterly line of said Knox Avenue and the point of beginning of Line B to be described; thence North 55 degrees 46 minutes 02 seconds East 13.00 feet; thence North 32 degrees 12 minutes 51 seconds East 21.59 feet; thence North 00 degrees 44 minutes 26 seconds West 83.29 feet; thence North 08 degrees 54 minutes 34 seconds East 24.50 feet; thence North 43 degrees 56 minutes 30 seconds East 18.45 feet; thence South 88 degrees 42 minutes 43 seconds East 42.22 feet; thence North 58 degrees 13 minutes 27 seconds East 11.71 feet; thence North 89 degrees 16 minutes 21 seconds East 74.75 feet; thence South 61 degrees 10 minutes 36 seconds East 10.83 feet; thence South 82 degrees 20 minutes 40 seconds East 32.06 feet; thence South 67 degrees 22 minutes 16 seconds East 12.33 feet; thence South 37 degrees 51 minutes 26 seconds East 21.64 feet; thence South 68 degrees 24 minutes 49 seconds East 178.00 feet; thence South 87 degrees 52 minutes 48 seconds East 12.81 feet; thence North 29 degrees 43 minutes 56 seconds East 19.13 feet; thence North 75 degrees 31 minutes 08 seconds East 15.18 feet; thence North 45 degrees • 40 minutes 25 seconds East 27.84 feet; thence North 23 degrees 11 minutes 05 seconds East 28.70 feet to a point in the westerly line of said highway right-of-way distant 203.51 feet southeasterly of the point of beginning of Line A and said Line B there terminating. TOGETHER WITH, A 8.00 foot perpetual easement for roadway and utility purposes over, under, and across that part of the above described North 10 acres which lies southerly of the North 33 feet thereof, which lies westerly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, being contiguous with and 8.00 feet left of the following described line: Commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West along the west line thereof a distance of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East 30:00 feet to the easterly line of said Knox Avenue; thence South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue 93.87 feet to the point of beginning of the line to be described; thence continuing South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue 122.06 feet and said line there terminating. TOGETHER WITH, A 5.00 foot temporary easement for construction purposes over, under, and across that . part of said North 10 acres which lies southwesterly of the highway right-of-way Quick Claim deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, being contiguous with and 5.00 feet left of the following described line: 0312JustComp76th Commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 • minutes 08 seconds West along the west line thereof a distance, of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East 30.00 feet to the easterly line of said Knox Avenue and the point of beginning of the line to be described; thence South 00 degrees 12 . minutes 08 seconds West along said easterly line of Knox Avenue 93.87 feet; thence South 89 degrees 47 minutes 52 seconds East 8.00 feet; thence South 00 degrees 12 minutes 08 seconds West 122.06 feet; thence North 89 degrees 47 minutes 52 Seconds West a distance of 8.00 feet to said easterly line of Knox Avenue; thence South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue a distance of 70.38 feet more or less to said south line of the North 10 acres and said line there terminating. The sidelines of said easement are prolonged or shortened to terminate on said south line of the North 10 acres and on previously described temporary easement. For purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easements contains 7,497 square feet more or less. Said temporary easements contains 34,637. square feet more or less Said temporary easements expires December 31, 2002. • • • PARCEL NO: 7 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: P. S. Meyer, Trustee c/o Prudence S. Meyer 8532 Park Knoll Circle Bloomington, MN 55438 P. I. N.: 3302824320036 PROPERTY ADDRESS: 7544 Oliver Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South 133 feet of the East 149 feet of the West 331 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Roads • DESCRIPTION OF EASEMENT: A perpetual easement for roadway and utility purposes over, under, and across that part of the above described property which lies northerly of a permanent easement for CSAH 32 over said property as described as Parcel 12 in Final Certificate filed as Hennepin County Document No. 6829567 and lies southerly of Line A described as commencing at southeast corner of said West 331 feet; thence North 00 degrees 13 minutes 20 seconds East, along the east line of said West 331 feet, a distance of 53.70 feet; thence North 87 degrees 30 minutes 04 seconds West 30.02 feet to a point in the west right of way line of Oliver Avenue as described in Book 2783 of Deeds, page 107 and the point of beginning Line A to be described; thence North 87 degrees 30 minutes 04 seconds West 101.44 feet; thence North 77 degrees 49 minutes 32 seconds West 18.03 feet to a point in the west line of said East 149 feet of the West 331 feet. and said Line A there terminating. Together with a temporary easement for construction purposes over, under, and across that part of the above described property which lies northerly of the herein described perpetual easement and southerly of Line B described as commencing at the point of termination of Line A; thence North 00 degrees 13 minutes 20 seconds West, along the west line of said East 149 feet, a distance of 5.11 feet to the point of beginning of Line B to be described; thence South 77 degrees 50 minutes 55 seconds East 16.46 feet; thence South 89 degrees 39 minutes 27 seconds East 102.86 feet to the west line of • said Oliver Avenue and said Line B there terminating. • For purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement. contains 693 square feet more or less Said temporary easement contains 835 square feet more or less Said temporary easement expires December 31, 2002. C • PARCEL NO. 8 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Woodlake Lutheran Church 7525 Oliver Ave. S. Richfield, MN .55423 P.I. N.: 3302824320018 PROPERTY ADDRESS: 7525 Oliver Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The East 331 feet of the West 662 feet of the South Half of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Streets. Subject to the rights of the County of Hennepin Highway Easement described in Parcel 13 of Final Certificate filed as Hennepin County Recorder • Document No. 6831603. DESCRIPTION OF EASEMENT: A perpetual easement for roadway and utility purposes over, under, and across the West 30 feet of the South 200 feet of the above described property for Oliver Avenue South as shown on the Hennepin County Section Map. Together with a temporary easement for construction purposes over, under, and across that part of said property lying northerly of the Hennepin County Highway Easement and lying southerly of Line A described as commencing at the southwest corner of the above described property; thence North OO degrees 13 minutes 20 seconds East, along the west line of said East 331 feet, a distance of 95.42 feet; thence South 89 degrees 46 minutes 40 seconds East 30.00 feet to a point on the east line of the above described perpetual easement and the point of beginning. of Line A to be described; thence South 89 degrees 46 minutes 40 seconds East 5.79 feet; thence South 00 degrees 13 minutes 20 seconds West 37.89 feet; thence South 89 degrees 46 minutes 40 seconds East 13.3.45 feet; thence South 00 degrees 13 minutes 20 seconds Wes# 9.72 feet to a point on a line 4 feet northerly of and parallel with the north line of said Highway Easement described in said Parcel 13 of Final Certificate; thence easterly along said parallel line to its intersection with the west line of Newton Avenue and said Line A there terminating. • For purpose of this description, bearings are oriented to the Hennepin County Coordinate • System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement contains 4,384 square feet more or less Said temporary easement contains 1,858 square feet more or less Said temporary easement expires December 31, 2002. • • 0312JustComp76th PARCEL NO. 9 • CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Randy J. & Sherry L Brekke 2018 76th Street West Richfield, MN 55423 P.I.N.: 3302824320016 PROPERTY ADDRESS: 2018 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY:. The South 240 feet of the West 90 feet of the East 648.1 feet of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Roads over the West 30 feet and the South 33 feet thereof. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the North 7 feet of the South 40 feet of the above described property which lies east of the West 30 feet thereof. Said temporary easement contains 420 square feet more or less Said temporary easementexpires December 31, 2002. • PARCEL NO. 10 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Sandra A. Bernhardson 2006 76th Street West Richfield, MN 55423 P.I.N.: 3302824320015 PROPERTY ADDRESS: 2006 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South 240 feet of the West 100.1 feet of the East 558.1 feet of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Road over the South 33 feet thereof. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the North 7 feet of the South 40 feet of the above described property. Said temporary easement contains 701 square feet more or less Said temporary easement expires December 31, 2002. PARCEL NO. 11 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Sharon L. Glennon 2000 76th Street West Richfield, MN 55423 P.I. N.: 3302824320014 PROPERTY ADDRESS: 2000 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: That part of the East 131 feet of the West 983.1 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter lying South of the North 140 feet thereof in Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Roads over the East 30 feet and the South 33 feet thereof. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the North 7 feet of the South 40 feet of the above described property which lies west of the East 30 feet thereof. Said temporary easement contains 707 square feet more or less Said temporary easement expires December 31, 2002. PARCEL NO. 12 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 .FEBRUARY 9, 2001 OWNER: J. F. Krzyzaniak, et al 1920 76th Street West Richfield, MN 55423 P. I. N.: 3302824320060 PROPERTY ADDRESS: 1920 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: Lot 4, Block 1, according to the plat of MEL JOHNSON ADDITION on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over,. under, and across the South 7 feet of the above described Lot 4. Said temporary easement contains 742 square feet more or less Said temporary easement expires December 31, 2002. • PARCEL NO. 13 CITY OF RICHFIELD SEH PROJECT. NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Elaine E. Brown 1912 76th Street West Richfield, MN 55423 P. I. N.: 3302824320055 PROPERTY ADDRESS: 1912 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: Lot 4, Block 1, according to the plat of LOUIS BUESING ADDITION on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the South 7 feet of the above described Lot 4. Said temporary easement contains 567 square feet more or less Said temporary easement expires December 31, 2002. • PARCEL NO. 14 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: D. Easter, Jr. and S. B. Easter 1900 76th Street West Richfield,. MN 55423 P.I. N.: 3302824320056 PROPERTY ADDRESS: 1900 76th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: Lot 5, Block 1, according to the plat of LOUIS BUESING ADDITION on file and of record in the .office of the County Recorder in and for- Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under, and across the South 7 feet of the above described Lot 5. Said temporary easement contains 581 square feet more or less Said temporary easement expires December 31, 2002. PARCEL NO. 16 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 23, 2001 OWNER: CP Gal Richfield LLC C/O CB Ellis INV/DIR Ast Mng 865 Figueroa St S #3500 Los Angeles, CA 90017 P.I.N.: 3302824340012 PROPERTY ADDRESS: 1700 78th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: Tract A of Registered Land Survey No. 1037 in the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A temporary construction easement for roadway and utility purposes over, under and across the West 5.00 feet of the North 473.24 feet of Tract A of Registered Land Survey No. 1037. Said temporary easement contains 2366 square feet more or less Said temporary easement expires December 31, 2002. • ~_ $ ~~ ~~ o~ x ' W O Z n 0 s g 0 F- cD ti '3At1 XON~ NN3d •... W .~ /1r~ O.~N= W N = W ~+OF {_./^~`~ pp f C ~ Z N 1~ S OOr ~s Y v°i~ u~~ W ~ G W mho ~ ~ 1 w N ~ w ~ ~ ~ '3AV NdJbOW N ~~ 0 i r i '3At/ NOlM3N , J W V d' Q a ' 3A'd Nb'J0~ ~,.. ~n AGENDA SECTION: Resolutions AGENDA ITEM # 9 REPORT # 75 STAFF REPORT CITY COUNCIL MEETING MARCH 12, 2001 REPORT PREPARED BY: REPORT PRESENTER: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TlTLB MIKE EASTLING, PUBLIC WORKS DIRECTOR TITLC • l1 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing condemnation of four properties on Penn Avenue and two properties on West 76th Street for the widening of 76th Street from I-35W to Penn Avenue Project. -_ I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing condemnation of 7744 Penn Avenue, 7620 Penn Avenue, 7540 Penn Avenue, 7539 Penn Avenue, 1601 West 75th Street and 7611 Knox Avenue for the Widening of 76th Street from I-35W to Penn Avenue Project. III. BACKGROUND ~ Both the Penn Avenue Bridge Project and the Widening of 76th Street from west of Penn Avenue to I-35W require additional right of way. Council at its February 12, 2001 meeting authorized just compensation to be offered to the property owners for the right of way needed. There is one property on Penn Avenue that will require total acquisition - Citgo Service Station at 7744 Penn Avenue. There are three properties on Penn Avenue and two properties on West 76th Street that will require partial acquisition. 0312Condemnation In the event that the City Manager determines that properties can not be acquired voluntarily, the City will have to acquire the properties by use of eminent domain. This determination will only be made reluctantly after the owner has had reasonable time to consider the City's offer. The City Manager is requesting Council authorization to acquire the properties by use of eminent domain proceedings if necessary, negotiate early entry authorizations, and the use of the quick take procedure as provided in Minn. Stat. 117.042, pursuant to the City's approved appraisal of value for said real estate interests as determined in the City Council's resolutions establishing just compensation for said properties. The City sent by mail just compensation offers to property owners on February 14, 2001. Since then, property owners have contacted the City's legal counsel, and City staff has spoken by phone or arranged meetings with affected property owners to discuss the offers. The condemnation process must begin soon in order to maintain the construction schedule for the Penn Avenue Bridge Project and the related Project to Widen 76th Street from West of Penn Avenue to 1-35W. The voluntary acquisition process will continue concurrently with the condemnation process in the hope that condemnation can be avoided in most cases. III. BASIS OF RECOMMENDATION A. POLICY • The City has the legal authority to acquire private property by eminent domain for a public purpose. • The subject properties have been identified for purchase for the Penn Avenue Project and for the 76th Street Widening Project. • Right of Way acquisition procedures set forth by Minnesota Department of Transportation (MNDOT) and the Federal Highway Administration are being followed. B. CRITICAL ISSUES • Condemnation proceedings must begin soon to maintain the construction schedule for the Penn Avenue Bridge and the related widening of 76th Street from west of Penn Avenue to I-35W. C. FINANCIAL • Funding for the purchase of the parcels needed for the Penn Avenue Bridge will be provided by the City of Richfield using funds furnished by the Best Buy Company. Funding for the purchase of the parcels needed for the Widening of 76th Street will be provided by the City of Richfield using its Municipal State Aid (gas tax) funds. D. LEGAL • The City's legal counsel, Robert Lindall, has prepared the attached resolution to begin the condemnation process. IV. ALTERNATIVE RECOMMENDATION~S~ • Delay approval of the condemnation resolution. However, a delay in condemning properties will delay the Penn Avenue Bridge Project for one year. Do not approve condemnation resolution and property acquisition. V. ATTACHMENTS • Resolution authorizing and directing the condemnation of certain properties for street purposes. • Legal descriptions for 7620 Penn Avenue, 7539 Penn Avenue, 1601 Wet 75th Street and 7611 Knox Avenue. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR STREET PURPOSES WHEREAS, the City Council of the City of.Richfield is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield, Minnesota, a municipal corporation, acting by and through its City Council, is authorized by law to acquire land needed for public use or purpose; and WHEREAS, the widening of 76th Street and Penn Avenue and the construction of a new bridge over Interstate Highway No. I-494 on Penn Avenue ("Project") require that the real estate described herein be acquired to implement the Project; and WHEREAS, the City Council finds that it is reasonable, necessary, proper and convenient, for a public purpose, and in the interest of the public health, safety, convenience, and general welfare of the citizens of the City that title to and possession of the real estate interests described in Exhibit A attached hereto be acquired in furtherance of the Project; and WHEREAS, the City Council finds that the funding and construction schedule for the Project make it necessary to acquire title and possession of said real estate prior to the filing of the final report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that it is the considered judgment of the Council that the real estate interests described in Exhibit A attached hereto and incorporated herein,. be acquired for the stated public purposes and that they be acquired, if necessary, through the exercise of the power of eminent domain. BE IT FURTHER RESOLVED, that in the event the City Manager determines that voluntary acquisition is not likely to be achieved upon terms substantially consistent with the City's determination of just compensation after the owner has had reasonable opportunity to consider the City's offer of just compensation, the City Manager. is hereby authorized and directed to take all steps necessary to acquire said real estate interests by use of eminent domain proceedings, negotiation of early entry authorizations, and the use of the quick take procedure as provided by Minn. Stat. § _117.042, pursuant to the City's approved appraisal of value for said real estate interests as determined in the City Council's resolution establishing just compensation for said property or pursuant to said resolution. Adopted by the City Council of the City of Richfield; Minnesota this 12th day of March 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A Description of Real Property Interests to be Acquired EXHIBIT A • LJ Property Address City and Parcel PID Number Legal Description 1 7744 Penn Avenue South .That part of the Southeast Quarter of the Southeast 32-028-24 44 0004 Quarter of Section 32, Township 28, North Range (Abstract) 24, West of the 4th Principal Meridian, Hennepin County, Minnesota, described as follows, to-wit: Commencing at the Northeast corner of said Southeast Quarter of the Southeast Quarter, thence on an assumed bearing of South along the East line of said Southeast Quarter of the Southeast Quarter a distance of 526.01 feet; thence South 89 degrees 40 minutes 38 seconds West, a distance of 33 feet West of the East line of said Southeast Quarter of the Southeast Quarter, a distance of 315.25 feet to the actual point of beginning of the tract of land to be described; thence North 57 degrees 01 minutes 59 seconds West, a distance of 49.95 feet; thence South 88 degrees 30 minutes West, a distance of 51.97 feet; thence on a tangential. curve to the left, the radius being 55 feet, a distance of 84.96 feet; thence on a bearing of South tangent to the last described curve, a distance of 106.62 feet; thence on a tangential curve to the right, the radius being 104 feet, a distance of 17.21 feet to the Northerly right of way of Interstate Highway Number 494; thence North 78 degrees 50 minutes 09 seconds East along said right of way, a distance of 151.28 feet to its intersection with said line parallel with and 33 feet West of the East line of said Southeast Quarter of the Southeast Quarter; thence North along said parallel line to the point of beginning, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. 2 &13 7620 Penn Avenue South Legal Description of Property Interests to be Acquired (Attached) 3 7540 Penn Avenue South Legal Description of Property Interests to be Acquired: Fee taking of 17,769 square feet and temporary easement over 5,659 square feet for 17 months. Property Address City and Parcel PID Number Legal Description 4Ra 1601 West 75th Street Legal Description of Property Interests to be Acquired: Fee taking of 775 Square feet and temporary easements over 12,975 square feet for 17 months. Permanent sign to be removed. (Attached) 5R 7611 Knox Avenue South Legal Description of Property Interests to be Acquired: Fee taking of 7,497 square feet and temporary easements-over 34,637 square feet for 17 months. (Attached) 6 7539 Penn Avenue South Legal Description of Property Interests to be Acquired: Fee taking of 110 square feet and temporary easements over 287 square feet for 17 months. (Attached) • • PARCEL N0. 2 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: Richfield Housing Associates 1, Ltd. c/o Glaser Financial Group, Inc. 2550 University Ave. West, #310N St. Paul MN 55114 P. I . N.: 3202824440003 PROPERTY ADDRESS: 7620 Penn Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota described as commencing at the southwest corner of JACOBSEN QUIST 2ND ADDITION; thence east to the southeast corner . thereof; thence north to a point distance 258 feet south from the northeast corner thereof; thence east 170 feet; thence north 258 feet to the north line of said Southeast Quarter of the Southeast Quarter; thence east to the northeast corner thereof; thence south to a point 230 feet north from the southeast corner of the North Half of said Southeast Quarter of the Southeast Quarter; thence west 330 feet; thence south 230 feet; thence east 330 feet to the east line of said Southeast Quarter of the Southeast Quarter; thence south to the northerly line of a road Quit Claim deeded to the city on April 4, 1967; thence southwesterly, westerly and southerly to the northerly line of State Highway No. 5; thence southwesterly along the northerly line of said Highway to the west line of said Southeast Quarter of the Southeast Quarter; thence north to the point of beginning. Except streets and also subject to Highway Easement described in Hennepin County Recorder Document No. 6365484. DESCRIPTION OF EASEMENT: • A perpetual easement for roadway and utility purposes over, under, and across that part of the above described property which lies southerly of 76th Street westerly of said Highway Easement and which lies northerly, northeasterly and easterly of Line A described as commencing at the northwest corner of said property, being on the south line of said 76th Street; thence North 89 degrees 53 minutes 48 seconds East, along the south line of said 76th Street, a distance of 289.62 feet to the point of beginning of Line A to be described; thence easterly 56.64 feet along a tangential curve, concave to the south, having a radius of 499.00 feet and a central. angle of 06 degrees 30 minutes 14 seconds; thence easterly 51.62 feet along a reverse curve, having a radius of 501.00 feet and a central angle of 05 degrees 54 minutes 11 seconds; thence South 89 degrees 30 minutes 09 seconds West 56.89 feet; South 83 degrees 47 minutes 24 seconds West 120.50 feet; thence South 89 degrees 29 minutes 55 seconds East 71.52 feet; thence easterly 35.55 feet along a tangential curve, concave to the south, having a radius of 2826.12 feet and a central angle of 00 degrees 43 minutes 15 seconds; thence South 88 degrees 46 minutes 41 seconds East 47.67 feet; thence southeasterly 46.71 feet along a tangential. curve concave to the southwest, having a radius. of 32.33 feet and a central angle of 82 degrees 46 minutes 31 seconds; thence South 06 degrees 00 minutes 09 seconds East 106.44 feet to a point in the west line of said Highway Easement described in Document No. 6365484 and said Line A there terminating. Together with temporary easement for construction purposes over, under, and across that part of said property which lies southerly, southwesterly, and westerly of the above described Line A and lies northerly and westerly of Line B. Line B is described as beginning at said northwest corner of the above described property; thence North 89 degrees 53 minutes 48 seconds East 284.62 feet to the point of beginning of Line B to be described; thence South 00 degrees 06 minutes 12 seconds East 10.22 feet; thence South 89 degrees 30 minutes 09 seconds East 169.57 feet; thence South 83 degrees 47 minutes 36 seconds East 39.40 feet; thence South 17.61 feet; thence North 89 degrees 54 minutes 25 seconds East 253.93 feet; thence South 00 degrees 03 minutes 49 seconds East 59.34 feet; thence East 10.49 feet; thence South 06 degrees 00 minutes 09 seconds East 69.47 feet; thence South 88 degrees 46 minutes 41 seconds East 6.51 feet to a point in the west line of said. Highway Easement described in Document No. 6365484 and said Line B there terminating. For purpose. of this description, bearings are oriented to the Hennepin County Coordinate. System in which the east line of the Southeast Quarter of Section 32; Township 28, Range 24 has a bearing of North 00 degrees 13 minutes 20 seconds West. Together with a temporary easement for construction purposes. over, under, and across that part of said Said perpetual easement contains 7,424 square feet more or less Said temporary easement contains 6,304 square feet more or less Said temporary easement expires .December 31, 2002. • • I. CITY OF RICHFIELD Penn Avenue / I-494 Project EASEMENT EXHIBIT AA- P.I.D. # 32-028-24-44-0002 and 0003 OWNER: RICHFIELD HOUSING ASSOCIATES 1, Ltd. c/o Glaser Financial Group, Inc. 2550 University Ave. W. , #310N St. Paul, MN 55114 So. PARCEL # 13 SHEET 1 a of 2 SHEETS March 6,_2001 Property Address: 7620 Penn Ave. Richfield ,MN • Property Description: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota described as beginning at the southwest corner of JACOBSEN QUIST SECOND ADDITION, according to the recorded plat thereof; thence Easterly to the southeast corner thereof; thence Northerly to a point distant 258 feet south of the northeast corner thereof; thence Easterly 170 feet; thence Northerly 258 feet to the north line of. the Southeast Quarter of the Southeast Quarter of said Section 32; thence Easterly to the northeast corner thereof; thence Southerly along the east line of the Southeast Quarter of the Southeast Quarter of said Section 32 to the intersection of the northeasterly extension of the northerly line of the Roadway parcel deeded to the City of Richfield (per document number. 3650706); thence Southwesterly, Westerly and Southerly along the northerly and westerly lines of said Roadway parcel to the north line of Interstate Highway No. 494 (formerly known as State Highway No. 5); thence Southwesterly along said north line to the intersection with the west line of the Southeast Quarter of the Southeast Quarter of said Section 32; thence Northerly to the point of beginning. Subject to Street Easements for Thomas Avenue, 77th Street, Sheridan Avenue, 76th Street and. Penn Avenue adjoining said described property: Easement Descriptions: A Permanent Roadway Easement over, under and across that part of the above described property said Easement is described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section 32; thence North 0 degrees 13 minutes 12 seconds East on an assumed bearing along-the east line of the Southeast Quarter of said Section 32, a distance of 785.79 feet; thence North 89 degrees 46 minutes 48 seconds West, a distance of 44.00 feet to the point of beginning of the land to be described; thence South 0 degrees 13 minutes 12 seconds West, parallel with the east line of said Section 32, a distance of 225.84 feet; thence North 89 degrees 46 minutes 48 seconds West, a distance of 9.00 feet; thence South 0 degrees 13 minutes 12 seconds West, a distance of 12.28 feet; thence South 53 degrees 33 minutes 10 seconds West, a distance of 23.66 feet; thence South 88 degrees 43 minutes 12 seconds West, a distance of 83.62 feet; thence Westerly along a tangential curve, concave to the south, having a radius of 60.00 feet, a central angle of 25 degrees 37 minutes 16 seconds , a chord of 26.61 feet, a chord bearing of South 75 degrees 54 minutes 34 seconds West, a distance of 26.83 feet; Easement Descriptions: cont. PARCEL # 13 Penn Avenue / I-494 Project SHEET lb of 2 SHEETS EASEMENT EXHIBIT AA. March 6, 2001 P.I.D. # 32-028-24-44-0002 and 0003 OWNER: RICHFIELD HOUSING ASSOCIATES 1, Ltd. thence North 0 degrees 14 minutes 19 seconds East, not tangent to said curve, a distance of 140.18 feet; thence Northeasterly on a tangential curve, concave to the southeast, having a radius of 81.00 feet, a central angle of 86 degrees 21 minutes 39 seconds, a distance of 122.09 feet; thence North 86 degrees 35 minutes 58 seconds East, tangent to said curve, a distance of 33.18 feet; thence North 3 degrees 24 minutes 12 seconds West, a distance of 8.00 feet; thence Northeasterly on anon-tangent curve, concave to the northwest, having a radius of 30.00 feet, a central angle of 86 degrees 22 minutes 37 seconds, a chord of 41.06 feet, a chord bearing of North 43 degrees 24 minutes 41 seconds East, a distance of 45.23 feet; thence South 89 degrees 46 minutes 48 seconds East, not tangent to-said curve, a distance of 0.70 feet, to the point of beginning. (Above described Permanent Road Easement Area = 28,116 Sq. Ft.) A Temporary Construction Easement over, under and across that part of the above described property, said Easement is described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section 32; thence North 0 degrees 13 minutes 12 seconds East on an assumed bearing along the east line of the Southeast Quarter of said Section 32, a distance of 785.79 feet; thence North 89 degrees 46 minutes 48 seconds West, a distance of 44.00 feet to the point of beginning of the land to be described; thence North 0 degrees 13 minutes 12 seconds West, parallel with the east line of said Section 32, a distance of 51.04 feet; thence North 89 degrees 46 minutes 31 seconds West, a distance of 20.70 feet; thence South 0 degrees 13 minutes 20 seconds West, a distance. of 59.24 feet; thence South 89 ~` Said Temporary Construction Easement to Expire on December 31, 2003.* (Above described Temp. Const. Easement Area = 13, 291 Sq. Ft.) degrees 43 minutes 44 seconds West, a distance of 88.59 feet; thence North 0 degrees 05 minutes 37 seconds West, a distance of 30.19 feet; thence South 89 degrees 54 minutes 28 seconds West, a distance of 18.00 feet; thence North 0 degrees 05 minutes 32 seconds West, a distance of 8.00 feet; thence South 89 degrees 54 minutes 28 seconds West, a distance of 10:00 feet; thence South 2 degrees 43 minutes 22 seconds West, a distance of 61.76 feet; thence South 23 degrees 26 minutes 36 seconds West, a distance of 43.36 feet; thence South 0 degrees 14 minutes 18 seconds West, a distance of 179.03 feet; thence North 89 degrees 53 minutes 53 seconds West, a distance of 33.12 feet; thence SOUTH, a distance of 50.79 feet; thence South 89 degrees 53 minutes 56 seconds East, a distance of 21.51 feet; thence Northeasterly along anon-tangential curve, concave to the southeast, having a radius of 60.00 feet, a central angle of 51 degrees 13 minutes 57 seconds, a chord of 51.88 feet, a chord bearing of North 37 degrees 28 minutes 58 seconds East, a distance of 53.65 feet; thence North 0 degrees 14 minutes 19 seconds East ,not tangent to said curve , a distance of 140.18 feet; thence Northeasterly on a tangential curve, concave to the southeast, having a radius of 81.00 feet, a central angle of 86 degrees 21 minutes 39 seconds, a distance of 122.09 feet; thence North 86 degrees 35 minutes 58 seconds East, tangent to said curve, a distance of 33.18 feet; thence North 3 degrees 24 minutes 12 seconds West, a distance of 8.00 feet; thence Northeasterly on anon-tangent curve, concave to the northwest, having a radius of 30.00 feet, a central angle of 86 degrees 22 minutes 37 seconds, a chord of 41.06 feet; a chord bearing of North 43 degrees 24 minutes 41 seconds-East, a distance of 45.23 feet; thence South 89 degrees 46 minutes 48 seconds East, not tangent to said curve, a distance of 0.70 feet, to the point of beginning. PARCEL NO.4Ra CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 MARCH 6, 2001 OWNER: ROP Investment Co., LLP 5200 Wilson Road, #205 Edina, MN 55424 P. I . N.: 3302824310002 PROPERTY ADDRESS: 1601 75th Street West NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South Half of the Northeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Except Highway and Roads DESCRIPTION OF EASEMENT: i A perpetual easement for roadway arid utility purposes over, under, and across that part of said South Half of the Northeast Quarter of the Southwest Quarter which lies northerly of the South 33 feet thereof, which lies westerly of the highvvay right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982; and which lies southerly of Line A described as commencing at the southwest corner of said South Half of the Northeast Quarter of the Southwest Quarter; thence North 00 degrees 12 minutes 08 seconds East, along the west line thereof, a distance of 33.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel with the south line thereof, a distance of 146.66 feet to the point of beginning of Line A to be described; thence easterly 57.38 feet along a tangential curve, concave to the north, having a radius of 1,473.33 feet and a central angle of 02 degrees 13 minutes 53 seconds; thence North $7 degrees 47 minutes 11 seconds East, tangent to said curve, a distance of 79.04 feet; thence easterly 34.59 feet along a tangential curve, concave to the south, having a radius of 1526.66 feet and a central angle of 01 degrees 17 minutes 38 seconds; thence North 89 degrees 04 minutes 49 seconds East, tangent to said curve, a distance of 40.37 feet thence North 24 degrees 34 minutes 58 seconds East 27.70 feet; thence North 89 degrees 04 minutes 49 seconds East 65.00 feet, thence South 00 degrees 55 minutes 11 seconds East 16.8 feet more or less to a point on the westerly line of said highway right of way and said Line A there terminating. • Together with a temporary easement for construction purposes over, under, and across that part of said South Half of the Northeast Quarter of the Southwest Quarter which lies easterly of Logan Avenue, which lies westerly of said highway right of way, and which lies northerly of Line A and southerly and southeasterly of Line B. Line B is described as commencing at the southwest corner of said South Half of the Northeast Quarter of the Southwest Quarter; thence North 00 degrees 12 minutes 08 seconds East, along the west line thereof, a distance of 38.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel with the south line thereof, a distance of 30.00 feet to the point of beginning of Line B to be described; thence continuing South 89 degrees 58 minutes 56 seconds East, parallel with said south line, a distance of 116.65 feet; thence easterly 57.19 feet along a tangential curve, concave to the north, having a radius of 1,4683.33 feet and a central angle of 02 degrees 13 minutes 53 seconds; thence North 87 degrees 47 minutes 11 seconds East, tangent to said curve; a distance of 79.04 feet; thence easterly 34.48 feet along a tangential curve, concave to the south, having a radius of 1531.66 feet and a central angle of 01 degrees 17 minutes 38 seconds; thence North 89 degrees 04 minutes 49 seconds East, tangent to said curve, a distance of 43.24 feet; thence North 24 degrees 34 minutes 58 seconds East 58.22 feet; thence South 89 degrees 58 minutes 56 seconds East 207.00 feet to a point in the westerly line of said highway right of way and said Line B there terminating. Except that part of said South Half of the Northeast Quarter of the Southwest Quarter which lies northerly of the South 33 feet thereof, which lies westerly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982; and which • lies. southerly of Line A described as commencing at the southwest corner of said South Half of the Northeast Quarter of the Southwest Quarter; thence North 00 degrees 12 minutes 08 seconds East, along the west line thereof, a distance of 33.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel with the south line thereof, a distance of 146.66 feet to the point of beginning of Line A to be described; thence easterly 57.38 feet along a tangential curve, concave. to the north, having a radius of 1,473.33 feet and a central angle of 02 degrees 13 minutes 53 seconds; thence North 87 degrees 47 minutes 11 seconds East, tangent to said curve, a distance of 79.04 feet; thence easterly 34.59 feet along a tangential curve, concave to the south, having a radius of 1526.66 feet and a central angle of 01 degrees 17 minutes 38 seconds; thence North 89 degrees 04 minutes 49 seconds East, tangent to said curve, a distance of 40.37 feet thence North 24 degrees 34 minutes 58 seconds East 27.70 feet; thence North 89 degrees 04 minutes 49 seconds East 65.00 feet, thence South 00 degrees 55 minutes 11 seconds East 16.8 feet more or less to a point on the westerly line of said highway right of way and said Line A there terminating. Subject to the rights of the City of Bloomington for utility easement over, under, and across that part of said temporary easement which lies within 45.50 feet easterly of the -point of beginning of said Line B. For purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement contains 2,334 square feet more or less. Said temporary • easements contain 13;063 square feet more or less Said temporary easements expire December 31, 2002. • PARCEL NO. 5R CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 23, 2001 OWNER: Steven Operating Inc. c/o Fountain Head Apartments 5290 University Ave.. West, #31 ON St. Paul MN 55114 P.I. N.: 3302824340001 PROPERTY ADDRESS: 7611 Knox Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The North 10 acres of that part of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota lying between the west line of the highway and a line parallel with and distant 170 feet east from the east • line of the West 5 acres of said Southeast Quarter of the Southwest Quarter. Except roads DESCRIPTION OF EASEMENT: A perpetual easement for roadway and utility purposes over, under, and across that part of the above described North 10 acres which lies southerly of the North 33 feet thereof, which lies westerly of the highway right-of--way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as .described in Hennepin County Document No. 413311, and which lies northerly of Line A described as commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West, along the west line thereof, a distance of 33.00 feet; thence South 89 degrees 58 minutes 56 seconds East, parallel with the north line thereof, a distance of 256.20 feet; thence South 67 degrees 27 minutes 10 seconds East, along the westerly line of said highway right-of-way, a distance of 53.50 feet to the point of beginning of Line A to be described; thence South 88 degrees 40 minutes 26 seconds West 222.33 feet; thence southwesterly 65.91 feet along a tangential curve, concave to the southeast, having a radius of 62.33 feet and a central angle of 60 degrees 35 minutes 03 seconds to a point in the easterly line of said Knox Avenue and said Line A there terminating. • • TOGETHER WITH, A temporary easement for construction purposes over, under, and across that part of said North 10 acres which lies southerly of the herein described Line A, which lies southwesterly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, and which lies northerly of Line B described as commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West, along the west line thereof, a distance of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East 30.00 feet to the easterly line of said Knox Avenue and the point of beginning of Line B to be described; thence North 55 degrees 46 minutes 02 seconds East 13.00 feet; thence North 32 degrees 12 minutes 51 seconds East 21.59 feet; thence North 00 degrees 44 minutes 26 seconds West 83.29 feet; thence North 08 degrees 54 minutes 34 seconds East-24.50 feet; thence North 43 degrees 56 minutes 30 seconds East 18.45 feet; thence South 88 degrees 42 minutes 43 seconds East 42.22 feet; thence North 58 degrees 13 minutes 27 seconds East 11.71 feet; thence North 89 degrees 16 minutes 21 seconds East 74.75 feet; thence South 61 degrees 10 minutes 36 seconds East 10.83 feet; thence South 82 degrees 20 minutes 40 seconds East 32.06 feet; thence South 67 degrees 22 minutes 16 seconds East 12.33 feet; thence South 37 degrees 51 minutes 26 seconds East 21.64 feet; thence South 68 degrees 24 minutes 49 seconds East 178.00 feet; thence South 87 degrees 52 minutes 48 seconds East • 12.81 feet; thence North 29 degrees 43 minutes 56 seconds East 19.13 feet; thence North 75 degrees 31 minutes 08 seconds East 15.18 feet; thence North 45 degrees 40 minutes 25 seconds East 27.84 feet; thence North 23 degrees 11 minutes 05 seconds East 28.70 feet to a point in the westerly line of said highway right-of-way distant 203.51 feet southeasterly of the point of beginning of Line A and said .Line B there terminating. TOGETHER WITH, A 8.00 foot perpetual easement for roadway and utility purposes over, under, and across that part of the above described North 10 acres which lies southerly of the North 33 feet thereof, which lies westerly of the highway right-of-way Quit Claim Deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, being contiguous with and 8.00 feet left of the following described line: Commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West along the west line thereof a distance of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East. 30.00 feet to the easterly line of said Knox Avenue; thence South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue 93.87 feet to the point of beginning of the line to be described; thence continuing South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue 122.06 feet and said line there terminating. • TOGETHER WITH, A 5.00 foot temporary easement for construction purposes over, under, and across that part of said North 10 acres which lies southwesterly of the highway right-of-way Quick Claim deeded to the City of Richfield as described in Hennepin County Document No. 540982, which lies easterly of Knox Avenue as described in Hennepin County Document No. 413311, being contiguous with and 5.00 feet left of the following described line: Commencing at the northwest corner of said North 10 acres; thence South 00 degrees 12 minutes 08 seconds West along the west line thereof a distance of 253.01 feet; thence South 89 degrees 47 minutes 52 seconds East 30.00 feet to the easterly line of said Knox Avenue and the point of beginning of the line to be described; thence South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue 93.87 feet; thence South 89 degrees 47 minutes 52 seconds East 8.00 feet; thence South 00 degrees 12 minutes 08 seconds West 122.06 feet; thence North 89 degrees 47 minutes 52 Seconds West a distance of 8.00 feet to said easterly line of Knox Avenue; thence South 00 degrees 12 minutes 08 seconds West along said easterly line of Knox Avenue a distance of 70.38 feet more or less to said south line of the North 10 acres and said line there terminating. The sidelines of said easement are prolonged or shortened to terminate on said south line of the North 10 acres and on previously described temporary easement. • For purpose of this description, bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, -Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easements: contains 7,497 square feet more or less Said temporary easements contains 34,637 square feet more or less Said temporary easements expires December 31, 2002. • PARCEL NO. 6 CITY OF RICHFIELD SEH PROJECT NO. RICHF0007.00 FEBRUARY 9, 2001 OWNER: F. & A. Sjostrand 8304 Harrison Road Bloomington, MN 55437 P. I . N.: 3302824320038 PROPERTY ADDRESS: 7539 Penn Avenue South NOTE: Owner and Property Description According to Hennepin County Auditor Records. DESCRIPTION OF PROPERTY: The South 74 feet of the North 222 feet of the West 182 feet of the South One Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Subject to County of Hennepin Highway Easement as described in Hennepin County Recorder Document No. 6339618. • DESCRIPTION OF EASEMENT: A perpetual easemen# for roadway and utility purposes over, under, and across that part of the above described property which lies westerly of Line A described as commencing at the southeast corner of said property; thence North 89 degrees 58 minutes 31 seconds West, along the south line of said North 222 feet a distance of 139.74 feet to the point of beginning of said Line A; thence North 05 degrees 08 minutes 51 West 52.30 feet to a point in the east line of Hennepin County Highway Easement as described in Document No. 6339618 and said Line A there terminating. Together with a 5.00 foot temporary easement for construction purposes over, under, and across the south 57.40 feet of that part of said property which lies easterly of and adjacent to the above described Line A. For purpose of this description, .bearings are oriented to the Hennepin County Coordinate System in which the west line of the Southwest Quarter of Section 33, Township 28, Range 24, bears North 00 degrees 13 minutes 20 seconds West. Said perpetual easement contains 110 square feet more or less Said temporary easement contains 287 square feet more or less Said temporary easement expires December 31, 2002. • ~~eV1Seo~, • STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # RESOLUTION CITY COUNCIL MEETING MARCH 12, 2001 ;• 74 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAMC, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: t~ ~1,J/f ~~~-(( S NATURE REVIEWED BY CITY MANAGER: ~ L~~t j ITEM FOR COUNCIL CONSIDERATION: Consider submission of a Transportation Revolving Loan Fund application to the Minnesota Public Facilities Authority to partially finance the Penn Avenue bridge project. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the submission of an $7.5 million loan application to the Transportation Revolving Loan Fund Program of the State of Minnesota to finance the replacement of the Penn Avenue bridge over I-494. II. BACKGROUND As part of the City's efforts to replace the Penn Avenue bridge, it is necessary to apply for a Transportation Revolving Loan (TREE). The. loan will be held by the Minnesota Public Facilities Authority (PEA) and carry a 3% interest rate. The City will repay the principal of the loan using Minnesota Department of Transportation funds that will become available in August 2005 and August 2006. • The City will use tax increment financing bond proceeds to pay the interest on the PFA loan. The principal of the loan is $6.7 million and the loan program allows applicants to include capitalized interest. Therefore, the City Council is being asked 0312TRLF to request a transportation revolving loan of up to $7.5 million -including $0.8 million in capitalized interest. The reduced interest rate (3%) on the loan makes it a desirable source of funding for the Penn Avenue bridge. The City of Richfield needs to submit a loan application to the Minnesota Public Finance Authority to obtain TRLF loan approval. If approved, funds can become available as early as April 2001. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan identifies the need to rebuild I-494 as away to reduce traffic on local City streets. B. CRITICAL ISSUES • The TRLF is essential to complete the financing of the Penn Avenue bridge.. The existing bridge is already inadequate and. regularly causes serious traffic congestion during rush hours. C. FINANCIAL • The Minnesota Department of Transportation has agreed to repay the .principal on the TRLF loan. The City will use proceeds from its tax increment financing bonds to pay the interest on the loan. D. LEGAL • The City Attorney has reviewed all agreements and loan documents needed to obtain a TRLF loan. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may refuse to approve the submission of a TRLF application. This would seriously jeopardize attempts to build the Penn Avenue bridge as soon as 2001 and delay reconstruction for ten years. V. ATTACHMENTS • Resolution authorizing the submission of a Transportation Revolving Loan Fund loan application for replacing the Penn Avenue bridge over I-494. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • RESOLUTION NO. • RESOLUTION AUTHORIZING THE SUBMISSION OF A TRANSPORTATION REVOLVING LOAN APPLICATION FOR REPLACING THE PENN AVENUE BRIDGE OVER I-494 WHEREAS, the Gity of Richfield desires to have the Penn Avenue bridge over I-494 rebuilt due to serious traffic congestion and an inadequate design of the existing bridge; and WHEREAS; the City of Richfield will be submitting an application for funds under the Minnesota Transportation Revolving Loan fund to assist in financing the replacement of the Penn Avenue Bridge; and WHEREAS, the funds from the Minnesota Transportation Revolving Loan Program will accelerate the replacement of the deficient existing bridge by approximately ten years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield is hereby applying to the Minnesota Public Facilities Authority for a loan to be used for the reimbursement of capital costs for the described project: the replacement of the Penn Avenue Bridge over I-494. BE IT FURTHER RESOLVED that the City .of Richfield estimates that it will require a loan in the maximum principal amount of $7.5 million, or the as bid cost of the project for the above stated purposes. BE IT FURTHER RESOLVED that the City of Richfield has the legal authority to apply for the loan and the capacity to ensure proper construction and repayment. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2001. Martin J. Kirsch, Mayor ATTEST: 1 CERTIFY THAT the above resolution was adopted by the City Council of the City of Richfield on March 12, 2001. . Nancy Gibbs, City Clerk • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MARCH 12, 2001 PUBLIC HEARING 73 REPORT PREPARED BY: REPORT PRESENTER: BARRY FRITZ, POLICE CAPTAIN Nance, TITLE DAN SCOTT, DIRECTOR OF PUBLIC SAFETY Na,~ • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amendment to Section 315 that would allow the timely disposal of forfeited property acquired by the City pursuant to civil or criminal forfeiture proceedings under state law. RECOMMENDED ACTION: Conduct anal close a public hearing and by motion: Approve the attached .ordinance amendment to Subsection 315.01, Subdivision 4, relating to disposition of forfeited, abandoned, junk and impounded motor vehicles, which expands the limitation on application to include motor vehicles and personal property acquired by the City through civil or criminal forfeiture proceedings; and, the addition of Subsection 315.02 that will give disposition authority to the City Manager to determine what forfeited property is to be sold and the method of sale of lawfully forfeited property to facilitate disposal in a timely manner. • 0312 ForfeitedVehicleSales ~ 11. t3ACKGROUND ~ At the February 12, 2001 City Council meeting, Council Members approved the first reading of this ordinance amendment and scheduled the second reading for March 12, 2001. Recent changes in State Statutes allow for administrative forfeitures of vehicles driven by persons charged with certain D.U.I. offenses. These changes have led to the City acquiring significant numbers of vehicles that eventually need to be disposed of through sales or, in the case of worthless vehicles, by scrapping via salvage yards. There is no language in the current ordinance that allows for timely, efficient sale or disposal of the vehicles. The ordinance amendment gives the City Manager authority to determine the: appropriate method of sale- and lists those methods. III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL ISSUES • There are currently numerous vehicles that need to be disposed of by sale or salvage. • There is a limited amount of space for the storage of these vehicles. • Large numbers of vehicles stored for long periods of time become eyesores. C. FINANCIAL • The City receives the proceeds from the sale of vehicles. • Vehicles sold in a timely manner bring better prices because those impounded for lengthy periods of time are subject to mechanical problems and appearance problems due to vandalism, the elements; and rodents. • Public Safety leases space for storing vehicles from Housing and Redevelopment Authority for $300 per month. D. LEGAL • The City Attorney drafted the amendments to the ordinance at the request of Staff. • The language for disposal of the forfeited property is based on the Uniform Municipal Contracting Law (471.345). ALTERNATIVE KECOMMENDATION(S) ~ • The City Council could do nothing at this time. That would mean vehicles acquired through forfeiture would continue to accumulate. I V . ATTACFIMENTS I ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None BILL NO. AN ORDINANCE RELATING TO DISPOSITION OF FORFEITED, ABANDONED, JUNK AND IMPOUNDED MOTOR VEHICLES; AMENDING SUBSECTION 315.01 AND AMENDING SECTION 315 OF THE RICHFIELD CITY CODE BY ADDING A NEW SUBSECTION, 315.02 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 315.01 subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. Limitation on application. This subsection does not apply to ,ham motor vehicles or to personal gropertV that the Citv acauires through civil or criminal forfeiture proceedings. Disposition of an abandoned, funk or impounded motorvehicle is governed by Minnesota Statutes, section 1686. Disposition of motor vehicles and other personal property that the City has acauired through forfeiture aroceedinas is governed by subsection 315.02 of this code. Section 2. Section 315 of the Richfield City Code is amended by adding a subsection as follows: 315.02. Disposition of forfeited property. Subdivision 1. The purpose of this subsection is to provide for the disposal. of forfeited property.. For purposes of this subsection, the term "forfeited property" means any personal property acquired by the City pursuant to civil or criminal forfeiture proceedings under state law. Subd. 2. Method of disposition. When the sale of forfeited property is permitted under applicable law, the city manager will determine what forfeited- property is to be sold and the method of sale. The available methods of sale are: (a) Sale by quotation. If the sale is made upon quotation it must be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Sale by quotation may not be used for forfeited property, the estimated value of which exceeds $50,000. (b) Sale by public auction. If the sale is made by public auction, the auction must be conducted under the direction of the city manager, following published notice in the official newspaper at least 10 days in advance of the sale date. (c) Sale by other auction. The city .manager may provide for sale of forfeited property by placement in an established dealer auction or salvage auction conducted by a licensed broker. (d) Sale by direct negotiation. The city manager may direct the sale of a forfeited motor vehicle to a scrap yard by direct negotiation, if the vehicle has an approximate fair market value equal only to the approximate value of the scrap in it. The city manager may direct the sale of forfeited personal property to the storage facility where the- property is stored, if the forfeited property has an approximate fair market value equal only to the storage fees. Subd. 3. Disposition of proceeds. The proceeds of the sale of forfeited property must be disbursed in accordance with applicable law. Section 3. 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 12th day of March, 200.1. Martin. J. Kirsch, Mayor • ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION AGENDA ITEM # REPORT # • STAFF REPORT PUBLIC HEARINGS 6 72 CITY COUNCIL MEETING MARCH 12, 2001 REPORT PREPARED BY: Na,~; TlTLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. ~~ I. RECOMMENDED ACTION: II Conduct and close the public hearing and 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. III. BACKGROUND At the December 11, 2000 City Council meeting, the City Council authorized $625,000 of Special Revenue Funds for improvements to several City parks and other City capital improvements in 2001. In addition, the 2001 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including county funds, municipal state aid, user fees, federal grants and state grants, however, authorization by ordinance is not required for these expenditures. Since the first reading of the ordinance, -the Community Service Commission has redefined the uses of certain amounts of the funding. While the following changes have occurred, the total dollar amount. has not changed: 03122001 TransitoryOrd Park Shelter Replacement - Fairwood/Monroe Playfeature Little Bob's Park Roosevelt Park Swings Waterslide Repainting Roosevelt Park Concession Modification Reduced-from $175,000 to $102,500 $17,500 has been added $15,000 has been added $25,000 has been added $15,000 has been added III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • 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 2001 so that capital projects can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. • C. .FINANCIAL • While the. total 2001 Capital Improvements Budget (CIB) includes total budgeted expenditures of $63,547,120 the portion of CIB concerning proposed funding from the Special Revenue fund is $625,000 as shown below: Park Shelter Replacement-Fairwood/Monroe Playfeature Little Bob's Roosevelt Park Swings Waterslide Repainting Roosevelt Concession Modifications Community Center Room Dividers Community Center Carpet/Paint/Repair City Owned Parking Lots -Replace Park .Maintenance Ice Arena Second Sheet (repayment). Ice Arena Air Conditioning ($50,000). Emergency Police/Fire Generator $ 102,500 17, 500 15,000 25, 000 15,000 25,000 30,000 120,000 100, 000 75,000 .25,000.: 75,000 A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. The source of Special Revenue funds are municipal liquor profits. D. LEGAL • First reading of the ordinance was approved at the February 12, 2001 City Council meeting and a notice of public hearing was published on • February 28, .2001. IV. ALTERNATIVE RECOMMENDATION~S~ • .The City Council could postpone the second reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from the special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING one. • 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 Shelter Replacement -Monroe Park $ 102,500 Playfeature Little Bob's 17,500 Roosevelt Park Swings 15,000 Waterslide Repainting 25,000 Roosevelt Concession Modifications 15,000 Community Center Room Dividers 25,000 Community Center Carpet/Paint/Repair 30,000 ,City Owned Parking Lots -Replace 120;000 Park Maintenance 100,000 • Ice Arena Second Sheet (repayment) 75,000. Ice Arena Air Conditioning ($50,000) 25,000 .Emergency Police/Fire Generator 75,000 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 12th day of March, 2001. Martin J. Kirsch, .Mayor ATTEST: Nancy Gibbs, City Clerk • • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT PUBLIC HEARING CITY COUNCIL MEETING MARCH.12, 2001 • REPORT PREPARED BY: REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME TITLE STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR N TITLE DEPARTMENT DIRECTOR REVIEW: 1 /^ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continuation of the public hearing and second reading of a cable television ordinance for Everest Connections Corporation. I. RECOMMENDED ACTION: By Motion: Continue the public hearing and second reading of the cable television ordinance for Everest Connections Corporation to April 9, 2001. III. BACKGROUND In April 2000, Everest Connections Corporation (Everest) and WideOpenWest, LLC (WOW) approached the Southwest Suburban Cable Commission (SWSC) regarding the process to be undertaken to obtain a cable television franchise in the five-city SWSCC franchise area. In compliance with Minnesota Statutes Chapter 238, the SWSCC assisted its member municipalities in conducting the process for the granting of a cable television franchise in each respective member city. • The process consisted of the preparation of a Notice of Intent to Franchise and Official Application Form. These documents were published by the City and two proposals were received; one form Everest and one from WOW. The SWSCC, through its legal counsel Moss & Barnett, conducted a review of the legal, technical 0312SWSCC and financial qualifications of both applicants and submitted a report to the City • Council regarding .these matters. The City then conducted a public hearing in compliance with Minnesota statutes to receive input from all interested parties. Following completion of the public hearing, the City adopted resolutions finding both Everest and WOW possessed the requisite qualifications to own and operate a cable television system within the City. The SWSCC was then instructed by the member cities to negotiate with Everest and WOW to prepare a Cable Television Franchise Ordinance that would be consistent with all applicable. local, state and federal laws. In particular, the SWSCC was guided by the level playing field language contained within Time Warner's existing franchise and state law. That language requires that any franchise granted to a competitor of Time Warner must not be any less burdensome or more favorable than the terms and conditions applied to Time. Warner. With those issues in mind, the SWSCC negotiated the attached ordinance with Everest Connections Corporation. Generally, the franchise ordinance negotiated with the two .providers contains substantially the same language that is imposed on Time Warner, with a few exceptions. Time Warner's existing franchise, which was renewed about four years ago, was granted for a term of 15 years and contains a requirement for system upgrading but no institutional network provisions. • The Everest ordinance contains an institutional network requirement where the City will pay the incremental costs associated with the provisionof additional. fiber cable and the cost for any extension of the fiber beyond those locations where Everest is installing fiber as part of its subscriber network. Everest has agreed to a 36-month construction schedule and will have a 15-year franchise term. Since the first reading of this franchise ordinance with Everest, the company has indicated that it is not in a position to proceed with the acceptance of the ordinance at this time. Staff has had the opportunity for some preliminary discussions with representatives of Everest and is expecting a letter from the company in the next 10 days that will indicate the future direction with respect to the Richfield and SWSCC cable franchise request. Until that letter is received, it is recommended that the public hearing be continued to a future date. It is quite likely that the City may consider discontinuing the Everest franchise ordinance process if future postponements are necessary. The ordinance is not attached to this Staff Report. It will be attached when the second reading is conducted. • • III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has followed the legal and procedural recommendations of the SWSCC legal counsel in completing the franchising process. • Providing an additional wired cable provider for residents of the City of Richfield will ensure competition among the providers and likely result in better service for resident customers. • .City residents often have voiced a concern to staff about the lack of competitive cable services in Richfield. • The SWSCC has considered the terms of the franchise agreement, feels they are in the best interests of the member communities and has approved them. • The proposed franchise agreements comply with the "level playing field" language contained within the Time Warner agreement. Further, Time Warner does not have a dispute with the SWSCC regarding the terms of the proposed new franchise language.. B. CRITICAL ISSUES • The other four member cities of the SWSCC are all on a schedule, • which will result in Council consideration of their respective franchise ordinances on, or before the schedule set for Richfield. • Timing of these franchise approvals is a critical factor in Everest's build-out schedule for the SWSCC.. • The required legal notice for the public hearing and second reading was published in the Richfield Sun Current on January 31, 2001. • Everest must inform the City of its current status with respect to accepting a franchise before final action on this ordinance can occur. C. FINANCIAL • The City of Richfield will receive franchise fees identical to those paid by Time Warner. • The City will receive benefits of public and government access equal to those provided by Time Warner. D. LEGAL • Brian Grogan, the attorney for the SWSCC, has drafted and carefully reviewed both the process and the franchise agreement in the cable franchising process. • Mr. Grogan is recommending that the City postpone consideration of this franchise until further information about Everest's position is • known. • IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the public hearing and second reading of this ordinance to another date. • Cancel the public hearing and second reading and start the ordinance adoption process again. • Request different terms to the franchise agreement. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • • J STAFF REPORT CONSENT CALENDAR 4D 70 AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 12, 2001 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR f NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ <-- -~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing donation of used books from Wood Lake Nature Center to the Richfield Historical Society. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the donation of .used books from Wood Lake Nature Center to the Richfield Historical Societv. III. BACKGROUND The City has approximately 75 books that have been used. as part of the reference library at Wood Lake Nature Center. Due to the updating of many of the books and space restrictions, Wood Lake staff wishes to give away the books. The books, however, are still of some value. So, staff wishes to donate them to the Richfield Historical Society for their annual book sale event. r~ III. BASIS OF~RECOMMENDATION A. POLICY • The retired books will continue to benefit the community by generating funding for the Richfield Historical Society. 0312 book donation B. CRITICAL ISSUES • N/A C. FINANCIAL • The retired. books may have value to the Historical Society as they have a system. to sell the books; the City's alternative would be to throw the books away. D. LEGAL • The donation is authorized by Minnesota Statutes, Section 471.85 which. provides: "Any county, city, town, or school district may transfer its personal property for a nominal fee or without consideration to another public corporation for public use when duly authorized by its governing body." IV. ALTERNATIVE RECOMMENDATION~S~ • Throw the books away or donate them to a thrift store. V. ATTACHMENTS. • Resolution authorizing the transfer of used books from Wood Lake Nature Center to the Richfield Historical Society. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None n RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSFER OF USED BOOKS FROM WOOD LAKE NATURE CENTER TO THE RICHFIELD HISTORICAL SOCIETY WHEREAS, the City owns a collection of books at Wood Lake Nature Center for which it no longer has any use; and WHEREAS, Minnesota Statutes Section 471.85 permits the City to transfer this property to the Richfield Historical Society; and WHEREAS, representatives of the Richfield Historical Society have indicated that they will accept the donation and use it in a manner permitted by Minnesota Statutes Section 471.85. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the following used- books owned. by the City be transferred to the Richfield Historical Society: 75 books. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March, 2001. • ATTEST: Nancy Gibbs, City Clerk Martin J. Kirsch, Mayor • • AGENDA SECTION: AGENDA SECTION: REPORT # STAFF REPORT Consent 4C 69 CITY COUNCIL MEETING MARCH 12, 2001 REPORT PREPARED BY: KATIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~ ~~~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ ,~- ~ ~ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of approval and execution of eight (8) Professional Services Agreements for appraisers for the 66th Street and Trunk Highway 77 Interchange Project. I. RECOMMENDED ACTION: By motion: Approve execution of eight (8) attached Professional Services Agreements for appraisers for the 66th Street and Trunk Highway 77 Interchanae Project. III. BACKGROUND ~ Last year, the City Council approved Professional Services Agreements (Agreements) with appraisers for appraisal work for the 66th Street and Trunk Highway 77 Interchange Project. The appraisers fulfilled the requirements under the Agreements. Additional fees were given in the Agreements for upgrading appraisal reports. At this time, a number of property appraisal reports require not only upgrading but also updating the valuation date for condemnation purposes. The fees quoted in the existing Agreements are not valid for the current needs. Legal counsel has conferred with the Metropolitan Airports Commission (MAC) on this matter and they have agreed for the need for new appraisals and are willing to pay for the additional fees. 0312psa66.doc III. BASIS OF RECOMMENDATION A. POLICY • Entering into Professional Services Agreements with appraisers is a standard operating procedure for this project. B. CRITICAL ISSUES • The updated/upgraded appraisal reports are needed for condemnation proceedings. • A number of properties already have condemnation hearings scheduled. C. FINANCIAL • MAC continues to provide project funding through the Memorandum of Understanding and the funding agreement which were approved by MAC on February 22, 2000 and the City Council on February 28, 2000. • MAC agrees to the additional fees for the appraisal work at hand. D. LEGAL • Legal counsel requires updated/upgraded appraisal reports for condemnation hearings as well as the services of appraisers to appear as expert witnesses for testimony. • Legal. counsel has previously reviewed .and approved the form of the Professional Services Agreement being used for this project. E. TIMING • .Timing is of the essence to prepare these appraisal reports as several properties already have condemnation hearings scheduled while other are in .the process of being scheduled. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could delay the approval of the Agreements. However, staff does not recommend any alternatives if legal counsel is to prepare for condemnation hearings in a timely manner. V. ATTACHMENTS • Professional Services Agreements (8) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 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 66`~ Street/T.H. 77 Interchange Project; 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 updated appraisal reports for the fixtures located within the properties listed on Exhibit A attached hereto and no later than the date provided on Exhibit A. The fee for the appraisal reports 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 shall be at the rate of $55.00. per hour. The fee for testimony by the Appraiser shall be at the rate of $75.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepazed pursuant to this Agreement shall conform to recognized professional appraisal standards, the Uniform Standazds 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 andlor 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 withouf limitation professional errors or omissions) of the Appraiser his agents,. employees; . or assignees in performance of the services provided by his 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 aze 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 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 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 pazagraph of this ` Agreement. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument -was acknowledged before me this day of 2001, 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 , 2001, by Roaer A. Ramberg, the owner of Ramberg Appraisal Service. .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 • Ci Parcel -Pro Address PID Number Fee Due Date 2 6311 Cedar Avenue South 25-028-24-22-0002. $120.00 6/30/01 3 6315 Cedar Avenue South 25-028-24-22-0003 $120.00 3/19/01 4 6325 Cedar Avenue South 25-028-24-22-0004 $120.00 6/30/01 5 6333.Cedar Avenue South 25-028-24-22-0060 $120.00 6/30/01 6 6341 Cedar Avenue South 25-028-24-22-0007 $120.00 6/30/01 7 6345 Cedar Avenue South 25-028-24-22-0008 $120.00 4/30/01 8 6405 Cedar Avenue South 25-028-24-23-0064. $120.00 6/30/01 13 14 15 and 16 6429 Cedar Avenue South 6437 Cedar Avenue South 6441 Cedar Avenue South 6445 Cedar Avenue.South 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 120.00. /30/01 17 6501 .Cedar Avenue South 25=028-24-23-0001 $120.00 3/28101 18 6509 Cedar Avenue South 25-028-24-23-0002 $120.00 6/30/01 19 6511 Cedar Avenue South 25-028-24-23-0003 $120.00 4/6/01 21 6525 Cedar Avenue South 25-028-24-23-0005 $120.00 6/30/01 22 6529 Cedar Avenue South 25-028-24-23-0006 $120.00 6/30/01 24 6537-39 Cedar Avenue South 25-028-24-23-0008 $120.00 6/30/01 TOTAL $1,680.00 • 6 .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 Bettendorf Rohrer Knoche Wall, Inc., (whose address is 314 Spruce Tree Centre, 1600 University Avenue, St. Paul, MN 55104, ATTN: Steve Wall), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66~' Street/T.H. 77 Interchange Project; 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 updated appraisal reports for the fixtures located within the properties listed on Exhibit A attached hereto and no later -than the date: provided on Exhibit A. The fee for the appraisal reports 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 shall be at the rate of $130.00 per hour. The fee for testimony bg the Appraiser shall be at the rate of $160.00 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. 7 • 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, boazd, 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 caze, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay and PEItA. 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 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 aze incorporated or attached and aze 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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was .acknowledged. before me this day of 2001, 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 • , 2001, by Steven J. Wall, the Vice President of Bettendorf Rohrer Knoche Wall, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notarial Stamp Or Seal (Or Other Title Or Rank) 5 • • • Ezhibit A Description of Properties to be Appraised and Appraisal Fees. Ci Parcel Pro Address PID Number Fee Due Date 1 6301 Cedar Avenue South 25-028-24-22-0001 $950.00 4/30/01 25 1820 E. 66~' Street 26-028-24-14-0054 $2,500.00 6/30/01 TOTAL $3,450.00 6 • 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 Bettendorf Rohrer Knoche Wall, Inc., (whose address is 314 Spruce Tree Centre, 1600 University Avenue, St. Paul, MN 55104, ATTN: Michael Bettendorf), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66`~ Street/T.H. 77 Interchange Project; and WHEREAS, there aze 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 Self-contained appraisal reports for the properties listed on Exhibit A attached hereto no later than the date provided on Exhibit A. The fee for the appraisal reports 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 impact of environmental contaminants on the value of the property shall be at the rate of $150.00 per hour. The fee for testimony 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. • 1 • 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 PE12A. 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 yeazs 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. 1 1. 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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2001, 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 2001, by Michael J. Bettendorf, the President of Bettendorf Rohrer Knoche Wall, 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 Ci Parcel Pro Address PID Number Fee Due Date 21 6525 Cedar Avenue South 25-028-24-23-0005 $2,500.00 6/30/01 22 6529 Cedar Avenue South 25-028-24-23-0006 $2,500.00 6/30/01 23 6533 Cedar Avenue South 25-028-24-23-0007 $1,000.00 6/30/01 24 6537-39 Cedar Avenue South 25-028-24-23-0008 $3,000.00 6/30/01 TOTAL $9,000.00 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 55104, ATTN: Rodger. L. Skaze), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for the 66~' Street/T.H. 77 Interchange Project; 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 Self-contained appraisal reports for the .properties listed on Exhibit A attached hereto no later than the date provided on Exhibit A. The fee for the appraisal reports 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 prepazation of further reports addressing the impact of environmental contaminants on the value of the property shall be at the rate of $175.00 per hour. The fee for testimony by the Appraiser shall be at the rate of $200.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepazed 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 pxovided 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 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. • C 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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager 4 STATE OF MINNESOTA COUNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2001, 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 2001, by Roder L. Skare, the Vice President 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 Ci Parcel Pro Address PID Number Fee Due Date 17 6501 Cedar Avenue South 25-028-24-23-0001 $4,800.00 3/28/01 18 6509 Cedar Avenue South 25-028-24-23-0002 $1,500.00 6/30/01 19 6511 Cedar Avenue South 25-028-24-23-0003 $4,400.00 4/6/01 TOTAL $10,700.0 • • 6 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 Patchin Messner Appraisals, Inc., (whose address is Skyline Squaze 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 66`~ Street/T.H. 77 Interchange Project; 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 Self-contained .appraisal reports .for the properties listed on Exhibit A attached hereto no later than the date provided on Exhibit A. The fee for the appraisal reports 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 impact of environmental contaminants on the value of the property shall be at the rate of $125.00 per hour. The fee for testimony 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 standazds, the Uniform Standazds of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the. Code of Ethics and Standazds 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 fiunished 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. 1 • • • 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 underthe 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 Gaze, 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, mazital 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 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 aze incorporated or attached and aze 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, i 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 a 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 aparty 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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager • 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, 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 • 2001, by Jason L. Messner, the President. of Patchin Messner 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 Ci Parcel Pro Address PID Namber Fee Due Date 3 6315 Cedar Avenue South 25-028-24-22-0003 $2,750.00 3!19/01 5 6333 Cedar Avenue South 25-028-24-22-0060 $2,750.00 6/30/01 13 14 15 16 6429 Cedar Avenue South 6437 Cedar Avenue South 6441 Cedar Avenue South 6445 Cedar Avenue South 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 6,500.00 /30/01 19 6511 Cedar Avenue South 25-028-24-23-0003 $6,500.00 4/6/01 25 1820 East 66~` Street 26-028-24-14-0054. $3,500.00 6/30/01 TOTAL $22,000.0(1 • • 6 • 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 Bakken, Liedl, Janssen, Day & Reach, Inc., (whose address is 8085 Wayzata Boulevard, Suite 105, Minneapolis, MN 55416, ATTN: Cletus Liedl), hereinafter referred to as "Appraiser". WITNESSETHs WHEREAS, the City wishes to purchase the services of the Appraiser for the 66~' Street/T'.H. 77 Interchange Project; and WHEREAS, -there aze 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 Self-contained appraisal reports for the properties listed on Exhibit A attached hereto no later than the date provided on Exhibit A. The fee for the appraisal reports 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 impact of environmental contaminants on the value of the property shall be at the rate of $150.00 per hour. The fee for testimony 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. 1 • • • 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 caze, 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 co~dential 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 bythe 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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date• CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager. • 4 STATE OF MINNESOTA COUNTY OF ____ )SS. The foregoing instrument was acknowledged before me this day of -2001, 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 2001, by Cletus C. Liedl, the Secretary of Bakken, Liedl, Janssen, Day & Reach, 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 Ci Parcel Pro Address PID Number Fee Due Date 1 6301 Cedar Avenue South 25-028-24-22-0001 $3,500.00 4/30/01 2 6311 Cedar Avenue South 25-028-24-22-0002 $3,500.00 6/30/01 3 6315 Cedar Avenue South 25-028-24-22-0003 $5,000.00 3/19/01 7 6345 Cedar Avenue South 25-028-24-22-0008 $3,500.00 4/30/01 8 6405 Cedar Avenue South 25-028-24-23-0064 $3,500.00 4/30/01 24 6537-39 Cedar Avenue South 25-028-24-23-0008 $5,500.00 6/30/01 TOTAL $24,500.00 • • 6 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 Lunz, Massopust, Reid, Decaster & Lammers, Inc., (whose address is .431 South Seventh .Street, Suite 2540, Minneapolis, MN 55415, ATTN: David Massopust), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for .the 66~' Street/T.H. 77 Interchange Project; 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 Self-contained appraisal reports for the properties listed on Exhibit A attached hereto no later than the date provided on Exhibit A. The fee for the appraisal reports 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 impact of environmental contaminants on the value of the property shall be at the rate of $150.00 per hour. The fee for testimony by the Appraiser shall be at the rate of $250.00 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. 1 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, boazd, 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 caze, 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 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. ' Approved as to legality, form .and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date: CITY OF RICHFIELD STATE OF MINNESOTA City Manager APPRAISER STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, by Samantha Orduno, the City Manager, of the City of Richfield, Minnesota, a municipal corporation under the laws of Minnesota, on behalfof 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 2001, by David H. Massoaust, the Secretary of Lunz, Massopust, Reid, Decaster & Lammers, 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 Ezhibit A Description of Properties to be Appraised and Appraisal Fees Ci Parcel Pro Address PID Number Fee Due Date 4 6325 Cedar Avenue South 25-028-24-22-0004 $3,500.00 6/30/01 13 14 15 16 6429 Cedar Avenue South 6437 Cedar Avenue South 6441. Cedar Avenue South 6445 Cedar Avenue South 25-028-24-23-0143 25-028-24-23-0069 25-028-24-23-0070 25-028-24-23-0071 3,500.00 /30/01 17 6501 Cedar Avenue South 25-028-24-23-0001 $3,500.00 3/28/01 25 1820 East 66~' Street 26-028-24-14-0054 $3,500.00 6/30/01 TOTAL $14,000.00 • 6 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: Brad Bjorklund), hereinafter referred to as "Appraiser". WITNESSETH: WHEREAS, the City wishes to purchase the services of the Appraiser for .the 66~' Street/T.H. 77 Interchange Project; 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 fiarnish services to the City in accordance .with the terms of this Agreement. Appraiser shall complete Self-contained appraisal reports for the properties S listed on Exhibit A attached hereto no later than the date provided on Exhibft A. The fee for the appraisal reports shall be as listed on Exhibit A. The fee for subsequent services, including attending meetings, where the commercial-industrial non-MAI 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 $90.00 per hour. The fee for subsequent services, including attending meetings and hearings, if any, where the commercial-industrial MAI 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 subsequent services, including attending meetings and hearings, if any, where the residential Appraiser is required to attend shall be at the rate of $135.00 per hour. The fee for testimony by the commercial-industrial MAI Appraiser shall be at the rate of $200.00 per hour. The fee for testimony by the residential Appraiser shall be at the rate of $185.00 per hour. 2. SERVICES TO BE PROVIDED Appraisal reports prepared pursuant to this Agreement shall conform to recognv_ed 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/AfFumative Action Policies with regard to employment and contracting. 6. INDEMNITY AND INSURANCE The A raiser ees to defend, indemni ,and hold the City, its officers, and employees PP ~' fY 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 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 yeazs 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 aze .incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, vaziations, 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 Ciry'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. Approved as to legality, form and execution. KENNEDY & GRAVEN, CHARTERED City Attorney Date• CITY OF RICHFIELD STATE OF MINNESOTA APPRAISER City Manager 4 STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2001, 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 2001, by ~ ,the , of BCL Appraisals, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. 'O' ---- "-- ------ -----a ----- o---- Notarial Stamp Or Seal (Or Other Title Or Rank) 5 • Exhibit A Description of Properties to be Appraised and Appraisal Fees Ci Parcel Pro a Address PID Number Fee Due Date 4 6325 Cedar Avenue South 25-028-24-22-0004 $3,025.00 6/30/01 5 6333 Cedar Avenue South 25-028-24-22-0060 .$2,205.00 6/30/01 6 6341 Cedar Avenue South 25-028-24-22-0007 $2,205.00 6/30/01 7 6345 Cedar Avenue South 25-028--24-22-0008 $2,615.00 4/30/01 TOTAL $10,050.00 AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 4B REPORT # 6 8 STAFF REPORT CITY COUNCIL MEETING MARCH 12, 2001 LJ REPORT PREPARED BY: RAYMOND WROBLEWSKI, FORESTRY INSPECTOR/OPERATIONS ASSISTANT NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ S, ~~ REVIEWED BY CITY MANAGER: /~ ITEM FOR COUNCIL CONSIDERATION: Consideration of award. of contract to Asplundh Tree Expert Company in the amount of $61,073 for removal of diseased trees from private property in 2001. L RECOMMENDED ACTION: By Motion: Accept the attached bid minutes/tabulation and award a .contract to Asplundh Tree Expert Company for $61,073 for 2001 diseased tree removal on private property. ~ II. BACKGROUND Iri the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased elm and oak trees on private property. When the City's Forestry Inspector marks a diseased tree on private property for removal, the homeowner has three options: • Removal of the tree by the homeowner; • Homeowner hires a contractor to perform the work; • Homeowner authorizes the City's contractor to perform the work. If the City's contractor performs the tree removal, the homeowner has the option to pay the removal costs immediately or have the cost assessed to the property taxes over a three year period. 0312DISTREE A formal bid opening for this work was held on February 15, 2001. Three bids were submitted. The companies were asked to bid aper-inch cost, based on the average number and sizes of trees removed in the past three years. Bids were as follows: Asplundh Tree Expert Company $61,073 Precision Landscape, & Tree, Inc. $62,755 Hugo's Tree Care $74,019 Contract amounts for the past three years are listed below: 1998 $54,574 1999 $53,775 2000 $53,775 III. BASIS OF RECOMMENDATION. A. POLICY • When the purchase of materials, merchandise, equipment or services exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • .Asplundh Tree Expert Company submitted the low bid for this work. • The City has had a previous positive working relationship with Asplundh Tree Expert Company. • Staff believes the per-tree prices are low enough to provide Richfield homeowners with a reasonable removal cost should they decide to have the City coordinate the removal of their diseased tree(s). B. CRITICAL ISSUES • Approval at the March 12, 2001 Council meeting will assure sufficient time to process the necessary paperwork before the first trees are marked for removal C. FINANCIAL • Funding to allow the .assessment option is through the Permanent Improvement Revolving Fund. D. LEGAL • State and City ordinance provides authority to conduct a diseased tree program. IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to reject this bid and direct staff to readvertise in an attempt to receive a lower bid. However, staff does not believe lower prices could be obtained from a responsible contractor. ~ V . ATTACHMENTS ~ • Bid minutes/tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CJ CITY OF RICHFIELD, MINNESOTA • Bid Opening February 15, 2001 11:00 a.m. Removal and Disposal of Diseased- Trees on Private, Property Bid No. 01-02 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah J. Guiher, Deputy City Clerk, who. announced that the purpose of the meeting was to receive, open and- read aloud, bids for removal and disposal of diseased trees on private property, bid no. 01-02, as advertised in the official newspaper on January 31, 2001. Present: Deborah J. Guiher, Deputy City Clerk Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Sr. Clerk Typist The following bids were submitted and read aloud: Vendor Bid Security Bid Amount Hugos Tree Care 5% Bid Bond $74,019.00 Hugo, MN Precision Landscape and Tree Inc. 5% Bid Bond $62,755.00 Little Canada, MN Asplundh Tree Expert Co. 5% Bid Bond $61,073.00 Spring Lake Park, MN The Deputy City Clerk announced that the bids would be tabulated and considered at the March 12, 2001 City Council Meeting. Deborah J. Guiher .Deputy City Clerk. • STAFF REPORT Consent 4A 67 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 12, 2001 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE STEVE DEVICH, ADMII~IISTRATIVE SERVICES ITEM FOR COUNCIL CONSIDERATION: Resolution ,appointing resident experts to the 2001 Board of Equalization and setting compensation for service to the 2001 Board. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Larry Emond and Glenn Erickson to the 2001 Board of Equalization and set compensation for service to the. Board at $60 per session or $23 per hour per session, whichever is greater. II. BACKGROUND Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to serve as a residential representative to the 2001 Board. He has been an independent property appraiser for 30 years and has served on the Richfield Board of Equalization since 1983. He holds a Federal Appraisers License and has worked primarily in conducting. property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. • Mr. Glenn Erickson, 7240 Bryant Avenue, has also indicated that he is willing to serve on the 2001 Board. Mr. Erickson has been in the property appraisal business since 1951. He first served on the Richfield Board of Equalization in 1991. His 0312Bd of Equal business has predominantly included appraisal of single family residential, duplex and fourplex properties. His appraisals have been for mortgage loans and appraisal • audits. Mr. Erickson currently holds both an appraisers and real estate brokers license. Both Mr. Emond and Mr. Erickson have been extremely valuable assets to the City's Board of Equalization in their past service. III. BASIS OF RECOMMENDATION A. POLICY • The City has previously convened a Board of Equalization to not only comply with legal requirements-but also to provide a forum for residents to voice concerns about their respective property values. • Mr. Emond and Mr. Erickson are long -standing residents of Richfield who have an excellent knowledge of Richfield property values and real estate appraisal • The Board provides the City Council with a methodology to independently review selected property values established by the County Assessor. B. CRITICAL ISSUES • It is important to convene and conclude the 2001 Board of Equalization. within the time frame established by State Statutes and the City Charter. • .The 2001 Board is scheduled to convene at 5:30 p.m. Monday, April • 30, 2001. C. FINANCIAL • It is recommended that the compensation for this expert service be set at $60 per session of the Board or $23 per hour per session of the Board, whichever is greater. D. LEGAL • Both the City Charter and MN State Statutes require some process to review property value challenges posed by residents. The Charter specifies the current Board of Equalization structure. TERNATIVE • Recruit and select other qualified expert residents to serve on the Board. I V . ATTACFIMENTS I ng appointments and setting compensation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • NnnP • RESOLUTION NO. • A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment. of Mr. Lawrence Emond and Mr. Glenn Erickson as 2001 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $60 per session of the Board or $23 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of March 2001. Martin J. Kirsch, Mayor • ATTEST: Nancy Gibbs, City Clerk